[Adopted 1-8-1992 by Ord.
No. 1564, amended 3-19-1997 by Ord. No. 1770, 12-24-2000 by Ord. No. 1873]
It is required that a site plan be submitted to the Administrative Officer, under the procedures portion of the Land Development Chapter, for every application for development, including a change of use from single family residential to any other use, except for subdivision or the development of a single family residential structure. A site plan will also not be required for the addition, deletion or relocation of doors and windows, or the construction or re-construction of the roofline of an entire building for nonresidential uses, or the erection of canopies pursuant to Subsection 21-53.6 if, in the opinion of the Planning Administrator and Construction Code Official, the proposed changes will not be detrimental to the public health, safety, and general welfare. Site plans may be submitted separately as a preliminary site plan and final site plan or may be submitted as a combined preliminary and final site plan.
[Adopted 1-8-1992 by Ord.
No. 1564]
It is required that an application for subdivision approval
be submitted to the administrative officer for any subdivision of
land, as defined in the New Jersey Municipal Land Use Law.
a.
Submission of Sketch Plat. The applicant shall submit a sketch plat
to the administrative officer for the purpose of classification of
all subdivision applications. Once classification has been determined
by the Administrative Officer, the applicant shall be so advised and
shall follow the appropriate procedures for filing as outlined in
the procedures ordinance. This submittal may be waived by the administrative
officer if the application clearly falls within the definition of
either major subdivision or minor subdivision. The decision shall
be final on any request for a waiver of this provision.
[Adopted 1-8-1992 by Ord.
No. 1564]
The following design standards shall apply to all site plan
and subdivision development applications submitted to the administrative
officer. The Municipal Agency may grant waivers from these requirements
upon the submission of information reasonably necessary for the Municipal
Agency to make an informed decision.
a.
The developer shall regard the following requirements and principles
of land development in the design of each development application
or portion thereof. Prior to the granting of final approval, or as
a condition of final approval, the subdivider shall have installed
or, at the option of the Municipal Agency shall have furnished performance
guarantees in accordance with the appropriate section of this chapter
and N.J.S.A. 40:55D-53 for the ultimate installation or protection
of the items required by this section.
b.
The site plan or subdivision shall conform to design standards that
will encourage good development patterns encouraging a coordinated,
well-planned community with provisions for desirable services and
circulation facilities. Furthermore, the site plan or subdivision
shall conform to the proposals and conditions shown on the Official
Map and the Master Plan of the Township of Ocean.
c.
In addition to the standards set forth in this section, all subdivisions shall conform to the standards contained in Chapter 8 of this revision on Excavation and Construction in Public Streets where the provisions of that chapter and this chapter differ, those which provide for the highest standard of improvement and design shall govern.
[Adopted 1-8-1992 by Ord.
No. 1564]
a.
Site Considerations. Natural site features such as: existing trees,
streams, rock outcropping, etc. shall be preserved wherever possible.
Whenever such natural features are absent or insufficient or have
been destroyed during the development of the site, additional new
plantings of a sufficient size as determined by the Municipal Agency
shall be established to provide environmental protection to beautify
the buildings and grounds, and to provide privacy, shade and the screening
out of objectionable features created on the site.
Where there is a question as to the suitability of a lot or
lots for their intended use due to factors such as rock formation,
flood conditions, or similar circumstances, the Municipal Agency may,
after adequate investigation, withhold favorable action on such lots.
b.
Screening. Service areas, trash enclosures, recycling areas and enclosures,
satellite dish antennas, parking areas, transformer compounds, and
other strictly utilitarian improvements, shall be screened as fully
as practicable. In general, it is intended that possible objectionable
or unsightly features within a given development shall be screened
from passing traffic or abutting residential properties.
c.
Variety. In the case of a repetition of building designs, as in apartment
house development, care shall be exercised to avoid monotony in the
planting design by introducing sufficient variety in the planting
layout to lend interest and aesthetic appeal. By the same token, excessive
variety shall be avoided and all shall be represented as a balanced
design with proper accent in the right places.
d.
(Reserved)
e.
Protection of Area by Curbs or Bumpers. All buffers and landscaped
areas shall be protected from adjacent parking areas by minimum six
inch high concrete or belgian block curbs.
f.
Sodding. All lawn or grassed areas shall be sodded. Sod shall consist
only of a mixture of blue grass, fescue, and perennial rye grass.
A minimum of 25% of the mixture shall be bluegrass and a minimum of
25% of the mixture shall be fescue. Perennial rye grasses shall account
for a maximum of 35% of the mixture.
g.
Underground Sprinkler Systems Required. Underground sprinkler systems
shall be required in all landscaped areas of commercial, office, and
industrial developments. In order to provide for maximum water conservation,
sprinkler systems shall be designed so that no water shall be directed
on to impervious surfaces, and shall include automatic timing and
metering mechanisms in order to insure that over-watering does not
occur.
h.
Buffer Planting Requirements. Planting in all required buffer areas
shall consist of a minimum of two staggered rows of evergreen trees
spaced 10 feet apart and planted 10 feet on center, except that in
buffer areas less than 15 feet wide, a single row of evergreen trees
planted eight feet or center shall be required.
Additional planting materials and/or fencing may be required
by the Municipal Agency to supplement the two rows of evergreen trees,
but shall not replace them. The requirement for two rows of evergreen
trees may be reduced by the Municipal Agency if substantial existing
vegetation is located within the buffer area and the strict enforcement
of this section would result in the loss or damage to the existing
vegetation, or would be impractical as determined by the Municipal
Agency.
i.
All plants shall be specified and planted according to the following
requirements:
[Amended 2-14-2001 by Ord. No. 1883]
1.
Where this chapter requires minimum tree size, the tree size shall
be specified in an acceptable size range, showing the required minimum
as the lower size in the range. Street trees required at a minimum
2 1/2 inch or four inch caliper shall be specified as 2 1/2
inch to three inch caliper or four inch to 4 1/2 inch caliper
respectively. Evergreen trees required at a minimum six feet or eight
feet height shall be specified at six feet to 10 feet in height or
eight feet to 10 feet in height respectively.
2.
All trees shall be of a full and symmetrical growth habit at time
of planting and at time of release from performance and maintenance
bonds. Street trees shall begin branching at a minimum height of eight
feet, but no higher than 12 feet. Evergreen trees shall be full and
symmetrical, and of a sufficient density that they provide a significant
visual screening effect.
3.
All plant material shall be nursery grown stock, and shall comply
with the minimum requirements of the American Association of Nurserymen
as Approved by the American National Standards Institute (ANSI) unless
otherwise specified in this chapter.
[Adopted 1-8-1992 by Ord.
No. 1564]
In all zones, for all site plans and subdivisions, the following
provisions for trees and shrubs shall be included in addition to those
provided in required buffer areas.
a.
Trees.
1.
The applicant shall provide a Tree Location and Preservation Plan
which shall locate all existing trees as provided below. Such tree
preservation plan shall include:
(a)
For all areas of the site where soil disturbance or development
is to occur, and within 30 feet of any such area, the location, type,
and caliper of all existing trees with a caliper of six inches or
greater measured at a height of one foot above the root crown;
(b)
For all other areas of the subject site, the general location
of and general description of existing trees, or wooded areas containing
existing trees with a caliper of six inches or greater measured at
a height of one foot above the root crown;
(c)
Which of the above trees are to be saved, and measures to be
taken to insure the survival of the trees to be saved during and after
construction, including the limits of regarding within the area of
the root crown, protection of root systems during construction, suggested
trimming and maintenance prior to construction;
(d)
No tree with a caliper of six inches or greater measured at
a height of one foot above the root crown, shall be removed from a
site unless it is replaced with: a similar tree four inches in caliper
one foot above the root crown; two trees with a minimum 2 1/2
inch caliper one foot above the root crown; a donation of $350 to
the Township of Ocean Shade Tree Fund.
(e)
In the event that any tree, designated on an approved tree preservation
plan to be preserved, dies or is removed within two years of the completion
of construction, it shall be replaced by either: a similar tree four
inches in caliper one foot above the root crown; or two trees with
a minimum 2 1/2 inch caliper one foot above the root crown. Prior
to replacement, the applicant shall submit a minor site plan application
to the Municipal Agency for approval of the location of the new trees.
The Municipal Agency may permit, in lieu of the replacement of the
tree or trees, a donation of $350 to the Township of Ocean Shade Tree
Fund for each tree which has died or been removed.
2.
In all residential, commercial and industrial developments, a minimum
of 15 trees shall be provided for each acre of development, excluding
required buffer areas. No fewer than 30% of the trees shall be evergreen
and no fewer than 30% of the trees shall be deciduous. Evergreen trees
shall be a minimum height of six feet at planting. Deciduous trees
shall have a minimum height of 15 feet at planting and a mature height
of at least 30 feet. They shall be a minimum caliper of 2 1/2
inches measured at a height of one foot above the base of the tree
at planting, except that a minimum of two deciduous trees per acre
shall be not less than four-inch caliper measured 1% above the base
of the tree.
Existing trees, saved or replace as part of a tree preservation plan under Subsection a1(d) above, may be included as part of the required trees, provided that the trees are not located in a required buffer area, and provided that, where the number of trees saved or replaced exceeds 15 per acre, the number of trees so saved is not reduced.
The number of trees provided shall be pro-rated for fractions
of an acre, except that not less than one four-inch caliper deciduous
tree shall be provided on any site.
Deciduous trees that do not have a mature height of 30 feet
or greater may be substituted for the deciduous trees which are required
in the above subsection provided that: two of the smaller trees shall
be required for each one larger tree it replaces; and no more than
five deciduous trees per acre shall be substituted for in this manner.
No less than 30% of the required trees shall be planted in the
required front yard. There shall be no requirement for the mix of
deciduous and evergreen trees to be planted in a front yard.
3.
Street Tree Plantings. For all development, street trees shall be required to be planted along all street frontage except in a C-1 Zone. The minimum number of such trees shall total one tree for each 40 feet of frontage and shall not be located within the required sod area as described in this chapter. However, the Municipal Agency may waive the maximum spacing requirement and also permit the location of street trees within the required sod area in order to promote creative and aesthetically pleasing site design. Street trees shall meet the minimum size requirements of Subsection a2 above and shall be counted towards meeting the minimum requirement of 15 trees per acre as required in this subsection.
[Amended 8-21-1996 by Ord. No. 1746]
b.
Shrubs. For residential dwellings, a minimum of one shrub shall be
provided for each 50 square feet or fraction thereof of building coverage.
A minimum of 50% of all shrubs shall be evergreen. For the purpose
of this subsection, at least 50% of all shrubs shall have a mature
height of not less than 30 inches, and no shrub shall have a mature
height of less than 18 inches. All shrubs shall be in cans or balled
and burlapped and shall have a minimum height or breadth of 18 inches
at planting. Ground covers and plants with a mature height of less
than 18 inches are permitted, but shall not be counted towards meeting
the above minimum requirement.
[Adopted 1-8-1992 by Ord.
No. 1564]
a.
General Design Considerations.
1.
There shall be an adequate, safe and convenient arrangement of pedestrian
circulation facilities, roadways, driveways, off-street parking and
loading space.
2.
Roads, pedestrian walks and open spaces shall be properly related
to existing and proposed buildings and appropriately landscaped.
3.
Buildings, parking areas and vehicular circulation shall be arranged
so that pedestrian movement is not necessarily exposed to vehicular
traffic.
4.
Materials and design of paving, lighting fixtures, retaining walls,
fences, curbs, benches, etc., shall be of good appearance and easily
maintained.
5.
The location and design of pedestrian walks should emphasize desirable
views of new and existing development.
6.
The maximum separation of private automobiles and service vehicles
shall be provided through the use of separate service lanes, where
reasonably possible.
7.
Parking facilities shall be designed with careful regard to orderly
arrangement, topography, landscaping, and ease of access, and shall
be developed as an integral part of an overall site design.
b.
Provision for Proper Drainage and Maintenance. All off-street parking,
off-street loading, and service facilities shall be graded and drained
so as to dispose of all surface water accumulation in a safe manner
while preventing damage to abutting properties and/or public streets.
Except for single-family uses, they shall be surfaced with asphaltic,
bituminous cement or other properly bound pavement which will assure
a surface resistant to erosion. All paved parking and loading areas
and drives for other than single family residential uses shall be
curbed with concrete or belgian block curbing, a minimum of six inches
high. Such drainage and materials shall be installed as required by
the Municipal Agency and as recommended by the Municipal Engineer.
All such areas shall be at all times maintained at the expense of
the owners thereof, in a clean, orderly and dust-free condition.
c.
Separation From Walkways and Streets. All off-street parking, off-street
loading, and service areas shall be separated from walkways, sidewalks,
streets or alleys by curbing or other protective device where necessary
as required by the Municipal Agency.
d.
Private Walks Adjacent to Business Buildings. A walkway, if provided,
adjacent to a business building shall be a minimum of four feet in
width.
e.
Size of Driveways.
1.
For all uses other than single-family dwellings, a driveway, exclusive
of curb return radii, shall be not less than 15 feet in width.
2.
A curb return radius for a driveway at its entrance to a public street
shall be a minimum of five feet for single-family residential uses
and a minimum of 15 feet for all other uses.
3.
For all uses other than single family residential uses, the maximum
width of a driveway exclusive of curb return radii shall not exceed
30 feet. For single family uses, the maximum width of a driveway shall
not exceed 20 feet.
f.
Lighting. All outdoor lighting within the Township of Ocean, including that for off-street parking areas, and appurtenant drives and pedestrian ways shall conform with the requirements of § 21-46A.
[Amended 4-11-2011 by Ord. No. 2169]
g.
Size of Loading Spaces. All required loading spaces shall be at least
14 feet in width, 55 feet in length and have a minimum vertical clearance
of 15 feet. Additional space for maneuvering, depending on the arrangement
of the loading facilities, shall be provided. Reductions in the space
size may be made for certain uses, if adequately demonstrated by the
applicant, as determined by the Municipal Agency.
[Adopted 1-8-1992 by Ord.
No. 1564]
a.
Subdivisions shall be served by paved public streets and all new
streets shall be graded and provided with an all weather base and
pavement with an adequate crown in keeping with Township specifications
and standards.
b.
The arrangement of streets shall be such as to provide for the appropriate
continuous extension of existing, mapped or potential streets.
c.
No subdivision showing reserve strips controlling access to another
area, either developed or undeveloped, shall be approved except where
control and disposal of land comprising such strips has been given
to the governing body after recommendation by the Planing Board.
d.
Subdivisions that adjoin or include streets that do not conform to
widths as shown on the Master Plan, Official Map, or the street width
requirements of this chapter, shall dedicate additional width along
one or both sides of said road. If the subdivision is along one side
only, one-half of the required extra width shall be dedicated unless
there is sufficient area available within the subdivision to permit
the complete additional dedication without creating nonconforming
or substandard lots. This additional dedication may be required by
the Municipal Agency as a condition of approval.
e.
The right-of-way width shall be measured from lot line to lot line.
Right-of-way width and pavement width shall not be less than the following
unless otherwise indicated on the Master Plan or Official Map:
|
Right-of-Way
|
Pavement Width
| ||
|---|---|---|---|
|
1.
|
Arterial streets
|
80 feet
|
60 feet
|
|
2.
|
Major streets
|
66 feet
|
40 feet
|
|
3.
|
Collector streets
|
60 feet
|
40 feet
|
|
4.
|
Minor streets
|
50 feet
|
30 feet*
|
|
Notes: The Municipal Agency may require a paved width of up
to 36 feet for minor streets in areas of the Township where the prevailing
paved width is 36 feet.
|
f.
The pavement width of streets and the quality of surfacing and base
materials shall adhere to the minimum standards set forth by the Township,
County or State when said paving concerns roads under their jurisdiction
and where such standards exist. Roads specifically serving industrial
areas shall adhere to Township standards designed for the development
of industrial uses and shall be sufficient to handle projected traffic
and heavy trucking.
g.
Street intersections shall be as nearly at right angles as is possible
and in no case shall be less than 60°. No more than two streets
shall meet or intersect at any one point and the center lines of both
intersecting streets shall pass through a common point. Measuring
from this common point, two intersections shall be spaced at a minimum
of 150 feet. The block corners at intersections shall be rounded at
the curbline with a curve having a radius of 20 feet. No shrubbery,
signs, trees, monuments or other visual obstructions over 2 1/2
feet in height, measured from the top of the curb directly opposite
the object or planting, shall be permitted within the following sight
triangles measured from the center line, point of intersection:
|
Major Street
|
Minor Street
| ||
|---|---|---|---|
|
1.
|
T-type intersection
|
200 feet
|
30 feet
|
|
2.
|
Full intersection with control
|
200 feet
|
30 feet
|
|
3.
|
Full intersection without control
|
200 feet
|
200 feet
|
|
Street or specimen shade trees are permitted within this triangle
provided they are trimmed to a point at least eight feet above the
maximum elevation of the road surface within the triangle. [Amended
3-15-2000 by Ord. No. 1851, 1-10-2001 by Ord. No. 1881]
|
h.
Where streets have a reverse curve, a tangent of at least 100 feet
in length between curves shall be required.
i.
No street shall have a minimum grade of less than 3/4 of 1% which
shall be defined to mean a vertical rise of 0.75 feet for each 100
feet of horizontal distance. No street shall have a maximum grade
of more than 8%, which shall be defined to mean a vertical rise of
eight feet for each 100 feet of horizontal distance. The maximum grade
may be exceeded in exceptional cases to preserve unique topographical
features as determined by the Municipal Agency.
j.
All changes in grade where the grade differential is 1% or greater
shall be connected by vertical curves of sufficient radius to provide
a smooth transition and proper sight distance, but not so great as
to create drainage problems. Sight distance shall be at least:
k.
The use of cul-de-sac streets shall be discouraged. When they are
deemed necessary by the Municipal Agency, they shall be located so
that they drain toward their entrances where practicable. The total
length of the cul-de-sac shall be determined by good planning and
engineering design and approved by the Municipal Agency. They shall
provide a minimum turnaround radius of 50 feet which shall be tangent
to the right side of the street where practicable.
l.
All driveways and other off-street parking areas shall have driveway aprons in accordance with Chapter 8, Excavation and Construction in Public Streets, of the Revised General Ordinances of the Township of Ocean. Driveways resulting in the elimination of curbing along Township streets shall be prohibited.
m.
Culs-de-sac, limited service or minor streets shall not intersect
with major or secondary arterial roads. Driveway to single-family
dwellings shall not open on arterial roads.
n.
Street Names and Traffic Control Signs.
1.
No street shall have a name which will duplicate or so nearly duplicate
the name of an existing street that confusion results. The continuation
of an existing street shall have the same name as the street of which
it is a continuation. Curbline streets shall change their names only
at street intersections or in accordance with the appropriate provisions
of this chapter. The Municipal Agency shall have the right to approve
or name streets within the proposed subdivision.
2.
Street name signs meeting Township specifications as to size, material
and location shall be installed at the intersection of all streets
and at such places on curvilinear streets as noted below:
3.
Where traffic control signs are required or permitted under the Manual
on Uniform Traffic Control Devices, the proper Township, County or
State office shall be informed of the proposed installation so that
necessary action may be taken to legitimize such installation.
4.
All street name and traffic control signs shall be installed free
of visual obstructions.
o.
Subdivisions abutting major or secondary arterial streets shall provide
a marginal service road or reverse frontage with a buffer strip for
planting, or some other means of separating through and local traffic
as the Municipal Agency may deem appropriate. Minor streets shall
not intersect collector streets at intervals more frequent than 500
feet whenever practical in the opinion of the municipal agency.
[Adopted 1-8-1992 by Ord.
No. 1564]
a.
The length, width or acreage of blocks shall be determined with due
regard to the limitations and opportunities of topography and shall
be such as to be sufficient to meet all the area, yard, and parking
requirements for the proposed uses as expressed in the Zoning Ordinance
as well as providing for convenient access, circulation control and
safety to street traffic.
b.
Side lot lines shall be at right angles to straight streets and radial
to curved streets.
[Adopted 1-8-1992 by Ord.
No. 1564]
Where the property to be developed is next to or includes a
railroad right-of-way, suitable provisions shall be made for such
things as road and pedestrian crossings, screening or buffer strips
in accordance with this chapter, freight access, warning signals and
signs in accordance with the Manual on Uniform Traffic Control Services,
in recognition of the relationship between the railroad and the subdivision.
[Adopted 1-8-1992 by Ord.
No. 1564]
a.
Curbs, gutters and stormwater drainage systems shall be provided along all streets in accordance with Chapter 8, Excavation and Construction in Public Streets, of the Revised General Ordinances of the Township of Ocean.
b.
Curbs, gutters and stormwater drainage systems shall be adequate
to handle the maximum water runoff from tributary lands.
[Adopted 1-8-1992 by Ord.
No. 1564]
a.
Sidewalks shall be provided along both sides of all streets in accordance with Chapter 8 this revision on Excavation and Construction in Public Streets, of the Revised General Ordinances of the Township of Ocean. Specific exemptions from this requirement detailed in Subsection 8-2.3 do not apply in the case of new streets in a new subdivision.
b.
Sidewalks shall be located a minimum of one foot within the street
right-of-way. It is preferred that sidewalk be located to maximize
planting strip between sidewalk and curbs.
c.
All sidewalks shall have a minimum slope of 1/4 inch per foot toward
the curbline. This slope shall be consistent from the rear of the
sidewalk to the top of the proposed or existing curb.
[Adopted 1-8-1992 by Ord.
No. 1564]
No topsoil shall be permanently removed from areas intended
for lawn or open space. Topsoil removed during the course of construction
shall be redistributed within the tract so as to provide a minimum
four-inch cover to all areas to be seeded, sodded, or planted with
trees or shrubs. Surplus topsoil within a development tract which
exceeds the needs of the developer by that particular subdivision
or site shall be removed by the developer by that particular subdivision
or site shall be removed by the developer to a storage location designated
by the Township Engineer within the Township for the use by the Township
as it may see fit. Such surplus topsoil is considered to be a natural
resource of the Township and is not to be sold or transported by the
developer or his agent out of the Township. If requested by the developer,
and approved by the Township Engineer, surplus topsoil may be transferred
to another project or subdivision within the Township which is under
the control of the developer for use in that subdivision. All other
surplus topsoil shall become the property of the Township for use
or disposal as the Township may see fit.
Where additional topsoil must be added to a development in order
to provide the minimum four-inch deep topsoil cover prior to sowing
of seed or sod, or planting of trees or shrubs, such topsoil shall
consist of natural fertile agricultural soil of good texture, free
from subsoil and it shall be taken from an area which has never been
stripped. Such topsoil shall be of uniform quality, free from roots,
sods, rubbish, Japanese Beetle and other dangerous insect larvae and
shall have come from arable areas with good normal drainage.
[Adopted 1-8-1992 by Ord.
No. 1564]
Monuments shall be installed in compliance with the New Jersey
Map Filing Law.
[Adopted 1-8-1992 by Ord.
No. 1564]
a.
A preliminary grading and drainage system shall be a part of the
preliminary site plan or subdivision plat. It shall indicate a proposal
for an adequate system of drainage structures to carry off and store
or discharge the stormwater runoff and natural drainage water which
originates not only within the property boundaries, but also that
which originates beyond the property boundaries and flows across the
boundaries of the subject property.
The Final drainage plan shall show a positive method to provide
for subsurface disposal of sump pump discharges. Sump pumps shall
not discharge into the gutter through curb openings, driveway aprons,
or any other means. Where storm sewers are not available for a direct
connection of the sump pump discharge hose, the developer will provide
an auxiliary subsurface discharge facility for the purpose of conducting
the sump pump discharge water to the storm sewer system.
1.
The grading and drainage system shall be so designed that the peak
flow rate of stormwater runoff and natural drainage leaving the site
after development does not exceed the peak flow rate prior to development.
Calculations showing the peal flow rate before and after development
for two-year, ten-year, twenty-five-year and one-hundred-year storm
events shall be submitted as part of the preliminary application.
b.
The public improvement and utility plans and profiles shall show
the final drainage plan and street profiles. They shall be prepared
and submitted with the final plat after approval of the preliminary
plat and drainage plan and calculations.
c.
No stormwater runoff or natural drainage water shall be so diverted
as to overload existing drainage systems or create flooding or the
need for additional drainage structures on other private properties
or public lands.
d.
Existing or proposed ditches or brooks shall have a right-of-way
offered to the Township for dedication for drainage purposes. Such
right-of-way shall be shown on the drainage plan and on the final
plat and shall be of sufficient width to include a fifteen-foot wide
access strip adjacent to the ditch or brook bank top in addition to
the width of the ditch or brook as measured from bank top to bank
top.
e.
Land subject to periodic or occasional flooding shall not be plotted
for residential occupancy or for any other use which may endanger
life or property or aggravate the flood hazard, either on the site
or off-tract. Nothing in this chapter shall be construed to prevent
a developer from filling the land or constructing bulkheads or retaining
walls, provided such work meets the requirements of the Township,
the Township Engineer, the New Jersey Department of Environmental
Protection, or any other review agency which may have jurisdiction
within the project area. All approvals must be obtained from such
review agencies prior to final approval by the Township.
f.
All stormwater management measures for a development regardless of use, including structural stormwater management strategies, detention basins, and other stormwater management facilities and stormwater collection and conveyance structures, shall be designed in accordance with and comply with the provisions of Subsection 21-55.14 of this chapter XXI, the Land Development Ordinance of the Township of Ocean, and the Residential Site Improvement Standards, N.J.A.C. 5:21-7 et seq. as applicable.
[Added 10-25-2006 by Ord.
No. 2055]
[Adopted 1-8-1992 by Ord.
No. 1564]
a.
In any development easements along rear property lines, or elsewhere,
for utility installations may be required. Such easements shall be
at least 15 feet wide and located in consultation with the utility
companies or Township departments concerned.
b.
All public water, fire hydrants, storm sewers and sanitary sewer
mains shall be installed in accordance with the specifications of
the governmental authority, district, or utility company which has
jurisdiction over a particular improvement.
c.
A letter approving such a proposed installation and a statement of
capability to provide service, including who will carry out the construction,
signed by a responsible official of the governmental authority, district,
or utility company concerned shall be directed to the Chairman of
the Municipal Agency and shall be received prior to the signing of
the final plat.
d.
Utility extensions, including distribution and/or supply lines, required
in connection with development applications and/or construction permits,
shall be constructed underground. In all subdivisions and site plans,
the developer shall, with the approval of the Township Engineer, arrange
with all servicing utility companies for the installation and construction
of the utilities' distribution and supply facilities, both on tract
and off tract, to be underground. Electric distribution and supply
facilities and telephone lines shall be constructed underground in
accordance with the Standard Terms and conditions incorporated as
a part of the Utility's Tariff for Electric and Telephone Service
as the same at the time are on file with the State of New Jersey Board
of Public Utility Commissioners and shall submit to the Municipal
Agency a copy of the written instruction from which utility evidencing
compliance with this provision.
[Added 6-18-1992 by Ord.
No. 1585]
[Adopted 1-8-1992 by Ord.
No. 1564]
As a condition of final approval, the Municipal Agency may require
the payment of the developer's pro-rata share of the following off-site
and off-tract improvements: street improvements, water system, sewerage,
drainage facilities, recreation and education facilities and easements.
Street improvements shall include, but are not limited to intersection
improvements, approach street improvements, traffic control improvements,
and such other improvements as may be required due to anticipated
or projected increased traffic movements or counts resulting from
the proposed subdivision or project.
a.
Essential off-site and off-tract improvements may be required to
be installed or a performance guarantee furnished in lieu thereof,
with the total cost borne by the developer.
1.
Where a development has no direct access to an improved street or
public or private central water supply or central sanitary sewer and
does not qualify for individual sewage disposal systems, the Municipal
Agency may nevertheless grant final approval if the developer shall
acquire and improve such street between the development and an existing
improved street and, in the case of water/sewer system(s), if the
developer shall acquire and improve such water and sanitary sewer
connections between the development and existing facilities.
2.
Where a development creates a demand for water supply and/or sewerage treatment beyond the capacity of the present facilities and causes the need for a new or expanded well, pump or storage tank for water supply and/or a new or expanded sewage treatment plant and ancillary equipment, the Municipal Agency may nevertheless grant final plat approval if the developer shall acquire land for, improve and dedicate such water and sewer facilities, all as approved by the Municipal Agency, governing body and serving utility company. Where such new or expanded facilities will have a capacity beyond the needs of the development, the cost to the developer shall be determined in accordance with Subsection b below.
3.
Where drainage waters are diverted from the development into other
drainage systems or onto other lands or streets and they are not adequate
to accommodate the additional waters, the Municipal Agency may grant
final approval if the developer shall acquire, improve and dedicate
to the Township such enlarged, additional or new drainage facilities.
4.
In lieu of the developer's performing such off-site and off-tract
work, the developer may request and the governing body may enter into
an agreement for such work to be performed by the Township or its
contractors at the cost of the developer.
5.
Where the Municipal Agency determines that off-site and off-tract
improvements are essential to the development and the developer does
not consent to the improvements, the application shall be denied,
without prejudice, to a future application at such time as the conditions
no longer apply.
b.
Advisable Off-Site and Off-Tract Improvement. Where the Municipal
Agency finds that off-site and off-tract improvements would be advisable,
although not essential, and the improvements would promote the objectives
of this chapter and can be most appropriately accomplished in connection
with the development and particularly where the off-site and off-tract
improvements would be required to be made as a local improvement by
the Township, with the costs thereof to be assessed against all properties
specially benefited thereby, including the property of the developer,
the following provisions shall apply:
1.
During the processing of the application the Municipal Agency shall
refer its recommendations for off-site and off-tract improvements
to the governing body.
2.
If the governing body concurs, the Township Engineer shall determine
the nature of the off-site and off-tract improvements, including the
needs created by the applicant's proposed development and the then
existing needs in the area, notwithstanding any work of the applicant.
3.
The Township Engineer shall estimate the costs of such work, including
all costs to be in any local improvement ordinance and those to be
assessed to the developer and including costs for construction, engineering,
any easement or right-of-way acquisition, legal work, advertising,
contingencies, bonding and assessments.
4.
If the governing body will not adopt a local improvement ordinance,
the final development shall be designed accordingly, and the Municipal
Agency shall proceed on that basis.
5.
If a local improvement ordinance is adopted, the governing body shall
proceed in the following manner:
(a)
If sufficient funds are available for the initial appropriation,
the governing body may appropriate such funds and adopt such ordinance.
(b)
If sufficient funds are not available for the initial appropriation,
the governing body may determine the anticipated amount that the lands
of the applicant would be expected to be assessed.
(1)
The amount determined by the governing body shall then be deposited
by the applicant with the Township director of finance prior to final
approval and prior to introduction of such local improvement ordinance.
(2)
Such deposit shall be made concurrent with an agreement between
the applicant and the Township concerning the uses of the deposit,
which shall include the following stipulations: that said funds shall
be used by the Township solely for the expenses of such off-site and
off-tract improvements; that such deposit may be appropriated by the
Township, with other funds of the Township, and may be commingled
with other appropriated funds and expended by the Township in connection
with such purposes; that, if such deposit is not used by the Township
within a specified time agreed upon by the applicant, said funds shall
be distributed in accordance with the terms of said agreement; that,
upon completion of the work by the Township or its contractors, the
properties specially benefited by such improvement shall be assessed
as provided by law, including the property of applicant; that the
applicant's deposit shall be credited against the assessment made
upon applicant's property, whether or not applicant is then the owner
thereof; and that if such deposit was less than the amount ultimately
assessed against such property, then the owner(s) of said property
shall pay the difference between the deposit and such assessment;
or, if the deposit exceeded the amount assessed, the excess shall
be refunded to the applicant, without interest.
(3)
Where said off-site and off-tract improvements are found by
the Municipal Agency to be advisable and important to the sound development
of the site, but the developer is unwilling to make such deposit as
specified above, then there shall be no final approval until funds
become available for the initial appropriation required to adopt the
local improvement ordinance.
6.
The determination of the governing body whether or not to proceed
toward the adoption of a local improvement ordinance shall be made
within 30 days after the referral by the Municipal Agency, unless
such time shall be extended with the consent of the applicant. If
the determination is not made within the designated period, the Municipal
Agency may proceed as if the governing body had determined that it
would not adopt such local improvement ordinance.
c.
All stormwater management measures for off-site and off-tract improvements regardless of use, including structural stormwater management strategies, detention basins and other stormwater management facilities and stormwater collection and conveyance structure, shall be designed in accordance with and comply with the provisions of Subsection 21-55.14 of the Land Development Ordinance of the Township of Ocean and the Residential Site Improvement Standards, N.J.A.C. 5:21-7 et seq.
[Added 10-25-2006 by Ord.
No. 2055]
[Added 2-28-2001 by Ord.
No. 1884 as Court Cluster Development, deleted 12-11-2002 by 12-3-2020 by Ord. No. 2346Ord. No. 1944, added 10-25-2006 by Ord. No. 2055 as Stormwater Control]
a.
Scope and purpose.
[Amended 12-3-2020 by Ord. No. 2346]
1.
Policy statement. Flood control, groundwater recharge, and pollutant
reduction shall be achieved through the use of stormwater management
measures, including green infrastructure best management practices
(GI BMPs) and nonstructural stormwater management strategies. GI BMPs
and low-impact development (LID) should be utilized to meet the goal
of maintaining natural hydrology to reduce stormwater runoff volume,
reduce erosion, encourage infiltration and groundwater recharge, and
reduce pollution. GI BMPs and LID should be developed based upon physical
site conditions and the origin, nature and the anticipated quantity,
or amount, of potential pollutants. Multiple stormwater management
BMPs may be necessary to achieve the established performance standards
for water quality, quantity, and groundwater recharge.
2.
Purpose. The purpose of this section is to establish minimum stormwater management requirements and controls for "major development," as defined below in § 21-55.14b.
3.
4.
Compatibility with other permit and ordinance requirements. Development
approvals issued pursuant to this section are to be considered an
integral part of development approvals and do not relieve the applicant
of the responsibility to secure required permits or approvals for
activities regulated by any other applicable code, rule, act, or ordinance.
In their interpretation and application, the provisions of this section
shall be held to be the minimum requirements for the promotion of
the public health, safety, and general welfare. This section is not
intended to interfere with, abrogate, or annul any other 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.
b.
CAFRA CENTERS, CORES OR NODES
CAFRA PLANNING MAP
COMMUNITY BASIN
COMPACTION
CONTRIBUTORY DRAINAGE AREA
CORE
COUNTY REVIEW AGENCY
DEPARTMENT
DESIGN ENGINEER
DESIGNATED CENTER
DEVELOPMENT
DISTURBANCE
DRAINAGE AREA
EMPOWERMENT NEIGHBORHOODS
ENVIRONMENTALLY CONSTRAINED AREA
ENVIRONMENTALLY CRITICAL AREA
EROSION
GREEN INFRASTRUCTURE
HUC 14 or HYDROLOGIC UNIT CODE 14
IMPERVIOUS SURFACE
INFILTRATION
LEAD PLANNING AGENCY
MAJOR DEVELOPMENT
1.
(a)
(b)
(c)
(d)
2.
MOTOR VEHICLE
MOTOR VEHICLE SURFACE
MUNICIPALITY
NEW JERSEY STORMWATER BEST MANAGEMENT PRACTICES (BMP) MANUAL
or BMP MANUAL
NODE
NUTRIENT
PERSON
POLLUTANT
RECHARGE
REGULATED IMPERVIOUS SURFACE
1.
2.
3.
4.
REGULATED MOTOR VEHICLE SURFACE
1.
2.
3.
SEDIMENT
SITE
SOIL
STATE DEVELOPMENT AND REDEVELOPMENT PLAN METROPOLITAN PLANNING
AREA (PA1)
STATE PLAN POLICY MAP
STORMWATER
STORMWATER MANAGEMENT BASIN
STORMWATER MANAGEMENT MEASURE
STORMWATER MANAGEMENT PLANNING AGENCY
STORMWATER MANAGEMENT PLANNING AREA
STORMWATER RUNOFF
TIDAL FLOOD HAZARD AREA
URBAN COORDINATING COUNCIL EMPOWERMENT NEIGHBORHOOD
URBAN ENTERPRISE ZONES
URBAN REDEVELOPMENT AREA
WATER CONTROL STRUCTURE
WATERS OF THE STATE
WETLANDS or WETLAND
Definitions. For the purpose of this section, the following terms,
phrases, words and their derivations shall have the meanings stated
herein unless their use in the text of this section clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory. The definitions below are the same as or
based on the corresponding definitions in the Stormwater Management
Rules at N.J.A.C. 7:8-1.2.
[Amended 12-3-2020 by Ord. No. 2346]
Those areas with boundaries incorporated by reference or
revised by the Department in accordance with N.J.A.C. 7:7-13.16.
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).
An infiltration system, sand filter designed to infiltrate,
standard constructed wetland, or wet pond, established in accordance
with N.J.A.C. 7:8-4.2(c)14, that is designed and constructed in accordance
with the New Jersey Stormwater Best Management Practices Manual, or
an alternate design, approved in accordance with N.J.A.C. 7:8-5.2(g),
for an infiltration system, sand filter designed to infiltrate, standard
constructed wetland, or wet pond and that complies with the requirements
of this section.
The increase in soil bulk density.
The area from which stormwater runoff drains to a stormwater
management measure, not including the area of the stormwater management
measure itself.
A pedestrian-oriented area of commercial and civic uses serving
the surrounding municipality, generally including housing and access
to public transportation.
An agency designated by the County Board of Commissioners
to review municipal stormwater management plans and implementing ordinance(s).
The county review agency may either be:
The Department of Environmental Protection.
A person professionally qualified and duly licensed in New
Jersey to perform engineering services that may include, but not necessarily
be limited to, development of project requirements, creation and development
of project design and preparation of drawings and specifications.
A state development and redevelopment plan center as designated
by the State Planning Commission, such as urban, regional, town, village,
or hamlet.
The division of a parcel of land into two or more parcels,
the construction, reconstruction, conversion, structural alteration,
relocation or enlargement of any building or structure, any mining
excavation or landfill, and any use or change in the use of any building
or other structure, or land or extension of use of land, for which
permission is required under the Municipal Land Use Law, N.J.S.A.
40:55D-1 et seq. In the case of development of agricultural land,
development means any activity that requires a state permit, any activity
reviewed by the County Agricultural Board (CAB) and the State Agricultural
Development Committee (SADC), and municipal review of any activity
not exempted by the Right to Farm Act, N.J.S.A. 4:1C-1 et seq.
The placement or reconstruction of impervious surface or
motor vehicle surface, or exposure and/or movement of soil or bedrock
or clearing, cutting, or removing of vegetation. Milling and repaving
is not considered disturbance for the purposes of this definition.
A geographic area within which stormwater, sediments, or
dissolved materials drain to a particular receiving water body or
to a particular point along a receiving water body.
Neighborhoods designated by the Urban Coordinating Council
"in consultation and conjunction with" the New Jersey Redevelopment
Authority pursuant to N.J.S.A. 55:19-69.
The following areas where the physical alteration of the
land is in some way restricted, either through regulation, easement,
deed restriction or ownership, such as wetlands, floodplains, threatened
and endangered species sites or designated habitats, and parks and
preserves. Habitats of endangered or threatened species are identified
using the Department's Landscape Project as approved by the Department's
Endangered and Nongame Species Program.
An area or feature which is of significant environmental
value, including, but not limited to, stream corridors, natural heritage
priority sites, habitats of endangered or threatened species, large
areas of contiguous open space or upland forest, steep slopes, and
wellhead protection and groundwater recharge areas. Habitats of endangered
or threatened species are identified using the Department's Landscape
Project as approved by the Department's Endangered and Nongame Species
Program.
The detachment and movement of soil or rock fragments by
water, wind, ice, or gravity.
A stormwater management measure that manages stormwater close
to its source by:
An area within which water drains to a particular receiving
surface water body, also known as a "subwatershed," which is identified
by a fourteen-digit hydrologic unit boundary designation, delineated
within New Jersey by the United States Geological Survey.
A surface that has been covered with a layer of material
so that it is highly resistant to infiltration by water.
The process by which water seeps into the soil from precipitation.
One or more public entities having stormwater management
planning authority designated by the regional stormwater management
planning committee pursuant to N.J.A.C. 7:8-3.2, that serves as the
primary representative of the committee.
An individual development, as well as multiple developments
that individually or collectively result in:
The disturbance of one or more acres of land since February
2, 2004;
The creation of 1/4 acre or more of regulated impervious surface
since February 2, 2004;
The creation of 1/4 acre or more of regulated motor vehicle
surface since March 2, 2021; or
A combination of Subsection 1b and c above that totals an area
of 1/4 acre or more. The same surface shall not be counted twice when
determining if the combination area equals 1/4 acre or more.
Major development includes all developments that are part of
a common plan of development or sale (for example, phased residential
development) that collectively or individually meet any one or more
of Subsection 1a, b, c or d above. Projects undertaken by any government
agency that otherwise meet the definition of "major development" but
which do not require approval under the Municipal Land Use Law, N.J.S.A.
40:55D-1 et seq., are also considered major development.
Land vehicles propelled other than by muscular power, such
as automobiles, motorcycles, autocycles, and low-speed vehicles. For
the purposes of this definition, motor vehicle does not include farm
equipment, snowmobiles, all-terrain vehicles, motorized wheelchairs,
go-carts, gas buggies, golf carts, ski-slope grooming machines, or
vehicles that run only on rails or tracks.
Any pervious or impervious surface that is intended to be
used by motor vehicles and/or aircraft, and is directly exposed to
precipitation, including, but not limited to, driveways, parking areas,
parking garages, roads, racetracks, and runways.
Any city, borough, town, township, or village.
The manual maintained by the Department providing, in part, design specifications, removal rates, calculation methods, and soil testing procedures approved by the Department as being capable of contributing to the achievement of the stormwater management standards specified in this section. The BMP Manual is periodically amended by the Department as necessary to provide design specifications on additional best management practices and new information on already included practices reflecting the best available current information regarding the particular practice and the Department's determination as to the ability of that best management practice to contribute to compliance with the standards contained in this section. Alternative stormwater management measures, removal rates, or calculation methods may be utilized, subject to any limitations specified in this section, provided the design engineer demonstrates to the municipality, in accordance with § 21-55.14d6 of this section and N.J.A.C. 7:8-5.2(g), that the proposed measure and its design will contribute to achievement of the design and performance standards established by this section.
An area designated by the State Planning Commission concentrating
facilities and activities which are not organized in a compact form.
A chemical element or compound, such as nitrogen or phosphorus,
which is essential to and promotes the development of organisms.
Any individual, corporation, company, partnership, firm,
association, political subdivision of this state and any state, interstate
or federal agency.
Any dredged spoil, solid waste, incinerator residue, filter
backwash, sewage, garbage, refuse, oil, grease, sewage sludge, munitions,
chemical wastes, biological materials, medical wastes, radioactive
substance [except those regulated under the Atomic Energy Act of 1954,
as amended (42 U.S.C. § 2011 et seq.)], thermal waste, wrecked
or discarded equipment, rock, sand, cellar dirt, industrial, municipal,
agricultural, and construction waste or runoff, or other residue discharged
directly or indirectly to the land, groundwaters or surface waters
of the state, or to a domestic treatment works. "Pollutant" includes
both hazardous and nonhazardous pollutants.
The amount of water from precipitation that infiltrates into
the ground and is not evapotranspired.
Any of the following, alone or in combination:
A net increase of impervious surface;
The total area of impervious surface collected by a new stormwater
conveyance system (for the purpose of this definition, a "new stormwater
conveyance system" is a stormwater conveyance system that is constructed
where one did not exist immediately prior to its construction or an
existing system for which a new discharge location is created);
The total area of impervious surface proposed to be newly collected
by an existing stormwater conveyance system; and/or
The total area of impervious surface collected by an existing
stormwater conveyance system where the capacity of that conveyance
system is increased.
Any of the following, alone or in combination:
The total area of motor vehicle surface that is currently receiving
water;
A net increase in motor vehicle surface; and/or
Quality treatment either by vegetation or soil, by an existing
stormwater management measure, or by treatment at a wastewater treatment
plant, where the water quality treatment will be modified or removed.
Solid material, mineral or organic, that is in suspension,
is being transported, or has been moved from its site of origin by
air, water or gravity as a product of erosion.
The lot or lots upon which a major development is to occur
or has occurred.
All unconsolidated mineral and organic material of any origin.
An area delineated on the State Plan Policy Map and adopted
by the State Planning Commission that is intended to be the focus
for much of the state's future redevelopment and revitalization efforts.
The geographic application of the State Development and Redevelopment
Plan's goals and statewide policies, and the official map of these
goals and policies.
Water resulting from precipitation (including rain and snow)
that runs off the land's surface, is transmitted to the subsurface,
or is captured by separate storm sewers or other sewage or drainage
facilities, or conveyed by snow removal equipment.
An excavation or embankment and related areas designed to
retain stormwater runoff. A stormwater management basin may either
be normally dry (that is, a detention basin or infiltration system),
retain water in a permanent pool (a retention basin), or be planted
mainly with wetland vegetation (most constructed stormwater wetlands).
Any practice, technology, process, program, or other method
intended to control or reduce stormwater runoff and associated pollutants,
or to induce or control the infiltration or groundwater recharge of
stormwater or to eliminate illicit or illegal nonstormwater discharges
into stormwater conveyances.
A public body authorized by legislation to prepare stormwater
management plans.
The geographic area for which a stormwater management planning
agency is authorized to prepare stormwater management plans, or a
specific portion of that area identified in a stormwater management
plan prepared by that agency.
Water flow on the surface of the ground or in storm sewers,
resulting from precipitation.
A 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.
A neighborhood given priority access to state resources through
the New Jersey Redevelopment Authority.
A zone designated by the New Jersey Enterprise Zone Authority
pursuant to the New Jersey Urban Enterprise Zones Act, N.J.S.A. 52:27H-60
et seq.
Previously developed portions of areas:
A structure within, or adjacent to, a water, which intentionally
or coincidentally alters the hydraulic capacity, the flood elevation
resulting from the two-, ten-, or 100-year storm, flood hazard area
limit, and/or floodway limit of the water. Examples of a water control
structure may include a bridge, culvert, dam, embankment, ford (if
above grade), retaining wall, and weir.
The ocean and its estuaries, all springs, streams, wetlands,
and bodies of surface water or groundwater, whether natural or artificial,
within the boundaries of the State of New Jersey or subject to its
jurisdiction.
An area that is inundated or saturated by surface water or
groundwater at a frequency and duration sufficient to support, and
that under normal circumstances does support, a prevalence of vegetation
typically adapted for life in saturated soil conditions, commonly
known as "hydrophytic vegetation."
c.
Design and performance standards for stormwater management measures.
[Amended 12-3-2020 by Ord. No. 2346]
1.
Stormwater management measures for major development shall be designed
to provide erosion control, groundwater recharge, stormwater runoff
quantity control, and stormwater runoff quality treatment as follows:
(a)
The minimum standards for erosion control are those established
under the Soil and Sediment Control Act, N.J.S.A. 4:24-39 et seq.,
and implementing rules at N.J.A.C. 2:90.
(b)
The minimum standards for groundwater recharge, stormwater quality,
and stormwater runoff quantity shall be met by incorporating green
infrastructure.
2.
The standards in this 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.
d.
Stormwater management requirements for major development.
[Amended 12-3-2020 by Ord. No. 2346]
1.
The development shall incorporate a maintenance plan for the stormwater management measures incorporated into the design of a major development in accordance with § 21-55.14j.
2.
Stormwater management measures shall avoid adverse impacts of concentrated
flow on habitat for threatened and endangered species as documented
in the Department's Landscape Project or Natural Heritage Database
established under N.J.S.A. 13:1B-15.147 through 13:1B-15.150, particularly
Helonias bullata (swamp pink) and/or Clemmys muhlenbergii (bog turtle).
3.
The following linear development projects are exempt from the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity requirements of § 21-55.14d16, 17 and 18:
(a)
The construction of an underground utility line, provided that
the disturbed areas are revegetated upon completion;
(b)
The construction of an aboveground utility line, provided that
the existing conditions are maintained to the maximum extent practicable;
and
(c)
The construction of a public pedestrian access, such as a sidewalk
or trail with a maximum width of 14 feet, provided that the access
is made of permeable material.
4.
A waiver from strict compliance from the green infrastructure, groundwater recharge, stormwater runoff quality, and stormwater runoff quantity requirements of § 21-55.14d15, 16, 17 and 18 may be obtained for the enlargement of an existing public roadway or railroad; or the construction or enlargement of a public pedestrian access, provided that the following conditions are met:
(a)
The applicant demonstrates that there is a public need for the
project that cannot be accomplished by any other means;
(b)
The applicant demonstrates through an alternatives analysis, that through the use of stormwater management measures, the option selected complies with the requirements of § 21-55.14d15, 16, 17 and 18 to the maximum extent practicable;
(c)
The applicant demonstrates that, in order to meet the requirements of § 21-55.14d15, 16, 17 and 18, existing structures currently in use, such as homes and buildings, would need to be condemned; and
(d)
The applicant demonstrates that it does not own or have other rights to areas, including the potential to obtain through condemnation lands not falling under § 21-55.14d4(c) above within the upstream drainage area of the receiving stream, that would provide additional opportunities to mitigate the requirements of § 21-55.14d15, 16, 17 and 18 that were not achievable on-site.
5.
Tables 1 through 3 below summarize the ability of stormwater best management practices identified and described in the New Jersey Stormwater Best Management Practices Manual to satisfy the green infrastructure, groundwater recharge, stormwater runoff quality and stormwater runoff quantity standards specified in § 21-55.14d15, 16, 17 and 18. When designed in accordance with the most current version of the New Jersey Stormwater Best Management Practices Manual, the stormwater management measures found at N.J.A.C. 7:8-5.2(f), Tables 5-1, 5-2 and 5-3, and listed below in Tables 1, 2 and 3 are presumed to be capable of providing stormwater controls for the design and performance standards as outlined in the tables below. Upon amendment of the New Jersey Stormwater Best Management Practices Manual 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 Register a notice of administrative change revising the applicable table. The most current version of the BMP Manual can be found on the Department's website at https://njstormwater.org/bmp_manual2.htm.
6.
Where the BMP tables in the NJ Stormwater Management Rule are different
due to updates or amendments with the tables in this 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
|
Stormwater Runoff Quantity
|
Groundwater Recharge
|
Minimum Separation from Seasonal High-Water Table
(feet)
|
|
Cistern
|
0%
|
Yes
|
No
|
—
|
|
Dry well(a)
|
0%
|
No
|
Yes
|
2
|
|
Grass swale
|
50% or less
|
No
|
No
|
2(e)
1(f)
|
|
Green roof
|
0%
|
Yes
|
No
|
—
|
|
Manufactured treatment device(a) (g)
|
50% or 80%
|
No
|
No
|
Dependent upon the device
|
|
Pervious paving system(a)
|
80%
|
Yes
|
Yes(b)
No(c)
|
2(b)
1(c)
|
|
Small-scale bioretention basin(a)
|
80% or 90%
|
Yes
|
Yes(b)
No(c)
|
2(b)
1(c)
|
|
Small-scale infiltration basin(a)
|
80%
|
Yes
|
Yes
|
2
|
|
Small-scale sand filter
|
80%
|
Yes
|
Yes
|
2
|
|
Vegetative filter strip
|
60% to 80%
|
No
|
No
|
—
|
|
(Notes corresponding to annotations(a) through (g) follow 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
|
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(b)
|
80%
|
Yes
|
Yes
|
2
|
|
Sand filter(b)
|
80%
|
Yes
|
Yes
|
2
|
|
Standard constructed wetland
|
90%
|
Yes
|
No
|
N/A
|
|
Wet pond(d)
|
50% to 90%
|
Yes
|
No
|
N/A
|
|
(Notes corresponding to annotations(b) through (d) follow 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
|
Stormwater Runoff Quantity
|
Groundwater Recharge
|
Minimum Separation from Seasonal High-Water Table
(feet)
|
|
Blue roof
|
0%
|
Yes
|
No
|
N/A
|
|
Extended detention basin
|
40% to 60%
|
Yes
|
No
|
1
|
|
Manufactured treatment device(h)
|
50% or 80%
|
No
|
No
|
Dependent upon the device
|
|
Sand filter(c)
|
80%
|
Yes
|
No
|
1
|
|
Subsurface gravel wetland
|
90%
|
No
|
No
|
1
|
|
Wet pond
|
50% to 90%
|
Yes
|
No
|
N/A
|
|
Notes to Tables 1, 2, and 3:
| |
|
(a)
|
Subject to the applicable contributory drainage area limitation specified at § 21-55.14d15(b);
|
|
(b)
|
Designed to infiltrate into the subsoil;
|
|
(c)
|
Designed with underdrains;
|
|
(d)
|
Designed to maintain at least a ten-foot-wide area of native
vegetation along at least 50% of the shoreline and to include a stormwater
runoff retention component designed to capture stormwater runoff for
beneficial reuse, such as irrigation;
|
|
(e)
|
Designed with a slope of less than 2%;
|
|
(f)
|
Designed with a slope of equal to or greater than 2%;
|
|
(g)
|
Manufactured treatment devices that meet the definition of "green infrastructure" at § 21-55.14b;
|
|
(h)
|
Manufactured treatment devices that do not meet the definition of "green infrastructure" at § 21-55.14b.
|
7.
An alternative stormwater management measure, alternative removal rate, and/or alternative method to calculate the removal rate may be used if the design engineer demonstrates the capability of the proposed alternative stormwater management measure and/or the validity of the alternative rate or method to the municipality. A copy of any approved alternative stormwater management measure, alternative removal rate, and/or alternative method to calculate the removal rate shall be provided to the Department in accordance with § 21-55.14f2. Alternative stormwater management measures may be used to satisfy the requirements at § 21-55.14d15 only if the measures meet the definition of "green infrastructure" at § 21-55.14b. Alternative stormwater management measures that function in a similar manner to a BMP listed at § 21-55.14d15(b) are subject to the contributory drainage area limitation specified at § 21-55.14d15(b) 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 § 21-55.14d15(b) shall have a contributory drainage area less than or equal to 2.5 acres, except for alternative stormwater management measures that function similarly to cisterns, grass swales, green roofs, standard constructed wetlands, vegetative filter strips, and wet ponds, which are not subject to a contributory drainage area limitation. Alternative measures that function similarly to standard constructed wetlands or wet ponds shall not be used for compliance with the stormwater runoff quality standard unless a variance in accordance with N.J.A.C. 7:8-4.6 or a waiver from strict compliance in accordance with § 21-55.14d4 is granted from § 21-55.14d15.
8.
Whenever the stormwater management design includes one or more BMPs
that will infiltrate stormwater into subsoil, the design engineer
shall assess the hydraulic impact on the groundwater table and design
the site, so as to avoid adverse hydraulic impacts. Potential adverse
hydraulic impacts include, but are not limited to, exacerbating a
naturally or seasonally high-water table, so as to cause surficial
ponding, flooding of basements, or interference with the proper operation
of subsurface sewage disposal systems or other subsurface structures
within the zone of influence of the groundwater mound, or interference
with the proper functioning of the stormwater management measure itself.
9.
Design standards for stormwater management measures are as follows:
(a)
Stormwater management measures shall be designed to take into
account the existing site conditions, including, but not limited to,
environmentally critical areas; wetlands; flood-prone areas; slopes;
depth to seasonal high-water table; soil type, permeability, and texture;
drainage area and drainage patterns; and the presence of solution-prone
carbonate rocks (limestone);
(b)
Stormwater management measures shall be designed to minimize maintenance, facilitate maintenance and repairs, and ensure proper functioning. Trash racks shall be installed at the intake to the outlet structure, as appropriate, and shall have parallel bars with one-inch spacing between the bars to the elevation of the water quality design storm. For elevations higher than the water quality design storm, the parallel bars at the outlet structure shall be spaced no greater than one- third the width of the diameter of the orifice or 1/3 the width of the weir, with a minimum spacing between bars of one inch and a maximum spacing between bars of six inches. In addition, the design of trash racks must comply with the requirements of § 21-55.14h3;
(c)
Stormwater management measures shall be designed, constructed,
and installed to be strong, durable, and corrosion resistant. Measures
that are consistent with the relevant portions of the Residential
Site Improvement Standards at N.J.A.C. 5:21-7.3, 5:21-7.4, and 5:21-7.5
shall be deemed to meet this requirement;
(d)
Stormwater management BMPs shall be designed to meet the minimum safety standards for stormwater management BMPs at § 21-55.14h; and
(e)
The size of the orifice at the intake to the outlet from the
stormwater management BMP shall be a minimum of 2 1/2 inches
in diameter.
10.
Manufactured treatment devices may be used to meet the requirements of this subsection 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 § 21-55.14b may be used only under the circumstances described at § 21-55.14d15(d).
11.
Any application for a new agricultural development that meets the definition of "major development" at § 21-55.14b shall be submitted to the Soil Conservation District for review and approval in accordance with the requirements at § 21-55.14d15, 16, 17 and 18 and any applicable Soil Conservation District guidelines for stormwater runoff quantity and erosion control. For purposes of this subsection, "agricultural development" means land uses normally associated with the production of food, fiber, and livestock for sale. Such uses do not include the development of land for the processing or sale of food and the manufacture of agriculturally related products.
12.
If there is more than one drainage area, the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at § 21-55.14d16, 17 and 18 shall be met in each drainage area, unless the runoff from the drainage areas converge on-site and no adverse environmental impact would occur as a result of compliance with any one or more of the individual standards being determined utilizing a weighted average of the results achieved for that individual standard across the affected drainage areas.
13.
Any stormwater management measure authorized under the municipal stormwater management plan or ordinance shall be reflected in a deed notice recorded in the office of the County Clerk. A form of deed notice shall be submitted to the municipality for approval prior to filing. The deed notice shall contain a description of the stormwater management measure(s) used to meet the green infrastructure, groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at § 21-55.14d15, 16, 17 and 18 and shall identify the location of the stormwater management measure(s) in NAD 1983 State Plane New Jersey FIPS 2900 US feet or latitude and longitude in decimal degrees. The deed notice shall also reference the maintenance plan required to be recorded upon the deed pursuant to § 21-55.14j2(e). Prior to the commencement of construction, proof that the above required deed notice has been filed shall be submitted to the municipality. Proof that the required information has been recorded on the deed shall be in the form of either a copy of the complete recorded document or a receipt from the Clerk or other proof of recordation provided by the recording office. However, if the initial proof provided to the municipality is not a copy of the complete recorded document, a copy of the complete recorded document shall be provided to the municipality within 180 calendar days of the authorization granted by the municipality.
14.
A stormwater management measure approved under the municipal stormwater management plan or ordinance may be altered or replaced with the approval of the municipality, if the municipality determines that the proposed alteration or replacement meets the design and performance standards pursuant to § 21-55.14d of this section and provides the same level of stormwater management as the previously approved stormwater management measure that is being altered or replaced. If an alteration or replacement is approved, a revised deed notice shall be submitted to the municipality for approval and subsequently recorded with the office of the County Clerk and shall contain a description and location of the stormwater management measure, as well as reference to the maintenance plan, in accordance with Subsection d13 above. Prior to the commencement of construction, proof that the above required deed notice has been filed shall be submitted to the municipality in accordance with Subsection d13 above.
15.
Green infrastructure standards.
(a)
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.
(b)
To satisfy the groundwater recharge and stormwater runoff quality standards at § 21-55.14d16 and 17, the design engineer shall utilize green infrastructure BMPs identified in Table 1 at § 21-55.14d6 and/or an alternative stormwater management measure approved in accordance with § 21-55.14d7. The following green infrastructure BMPs are subject to the following maximum contributory drainage area limitations:
|
Best Management Practice
|
Maximum Contributory Drainage Area
(acres)
|
|---|---|
|
Dry well
|
1
|
|
Manufactured treatment device
|
2.5
|
|
Pervious pavement systems
|
Area of additional inflow cannot exceed 3 times the area occupied
by the BMP
|
|
Small-scale bioretention systems
|
2.5
|
|
Small-scale infiltration basin
|
2.5
|
|
Small-scale sand filter
|
2.5
|
(c)
To satisfy the stormwater runoff quantity standards at § 21-55.14d18, the design engineer shall utilize BMPs from Table 1 or from Table 2 and/or an alternative stormwater management measure approved in accordance with § 21-55.14d7.
(d)
If a variance in accordance with N.J.A.C. 7:8-4.6 or a waiver from strict compliance in accordance with § 21-55.14d4 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 § 21-55.14d7 may be used to meet the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at § 21-55.14d16, 17 and 18.
(e)
For separate or combined storm sewer improvement projects, such as sewer separation, undertaken by a government agency or public utility (for example, a sewerage company), the requirements of this 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 § 21-55.14d16, 17 and 18, unless the project is granted a waiver from strict compliance in accordance with § 21-55.14d4.
16.
Groundwater recharge standards.
(a)
This subsection contains the minimum design and performance
standards for groundwater recharge as follows.
(b)
The design engineer shall, using the assumptions and factors for stormwater runoff and groundwater recharge calculations at § 21-55.14e, either:
(1)
Demonstrate through hydrologic and hydraulic analysis
that the site and its stormwater management measures maintain 100%
of the average annual preconstruction groundwater recharge volume
for the site; or
(2)
Demonstrate through hydrologic and hydraulic analysis
that the increase of stormwater runoff volume from preconstruction
to post-construction for the two-year storm is infiltrated.
(c)
This groundwater recharge requirement does not apply to projects within the urban redevelopment area, or to projects subject to Subsection d16(d) below.
(d)
The following types of stormwater shall not be recharged:
(1)
Stormwater from areas of high pollutant loading.
High pollutant loading areas are areas in industrial and commercial
developments where solvents and/or petroleum products are loaded/unloaded,
stored, or applied, areas where pesticides are loaded/unloaded or
stored; areas where hazardous materials are expected to be present
in greater than "reportable quantities" as defined by the United States
Environmental Protection Agency (EPA) at 40 CFR 302.4; areas where
recharge would be inconsistent with Department-approved remedial action
work plan or landfill closure plan and areas with high risks for spills
of toxic materials, such as gas stations and vehicle maintenance facilities;
and
(2)
Industrial stormwater exposed to source material.
"Source material" means any material(s) or machinery, located at an
industrial facility, that is directly or indirectly related to process,
manufacturing or other industrial activities, which could be a source
of pollutants in any industrial stormwater discharge to groundwater.
Source materials include, but are not limited to, raw materials; intermediate
products; final products; waste materials; by- products; industrial
machinery and fuels, and lubricants, solvents, and detergents that
are related to process, manufacturing, or other industrial activities
that are exposed to stormwater.
17.
Stormwater runoff quality standards.
(a)
This 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 1/4 acre or more of regulated
motor vehicle surface.
(b)
Stormwater management measures shall be designed to reduce the
post-construction load of total suspended solids (TSS) in stormwater
runoff generated from the water quality design storm as follows:
(1)
80% TSS removal of the anticipated load, expressed
as an annual average shall be achieved for the stormwater runoff from
the net increase of motor vehicle surface.
(2)
If the surface is considered regulated motor vehicle
surface because the water quality treatment for an area of motor vehicle
surface that is currently receiving water quality treatment either
by vegetation or soil, by an existing stormwater management measure,
or by treatment at a wastewater treatment plant is to be modified
or removed, the project shall maintain or increase the existing TSS
removal of the anticipated load expressed as an annual average.
(c)
The requirement to reduce TSS does not apply to any stormwater runoff in a discharge regulated under a numeric effluent limitation for TSS imposed under the New Jersey Pollutant Discharge Elimination System (NJPDES) rules, N.J.A.C. 7:14A, or in a discharge specifically exempt under a NJPDES permit from this requirement. Every major development, including any that discharge into a combined sewer system, shall comply with Subsection d17(b) 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.
(d)
The water quality design storm is 1.25 inches of rainfall in
two hours. Water quality calculations shall take into account the
distribution of rain from the water quality design storm, as reflected
in Table 4, below. The calculation of the volume of runoff may take
into account the implementation of stormwater management measures.
|
Table 4
Water Quality Design Storm Distribution
| |||||
|---|---|---|---|---|---|
|
Time
(minutes)
|
Cumulative Rainfall
(inches)
|
Time
(minutes)
|
Cumulative Rainfall
(inches)
|
Time
(minutes)
|
Cumulative Rainfall
(inches)
|
|
1
|
0.00166
|
41
|
0.1728
|
81
|
1.0906
|
|
2
|
0.00332
|
42
|
0.1796
|
82
|
1.0972
|
|
3
|
0.00498
|
43
|
0.1864
|
83
|
1.1038
|
|
4
|
0.00664
|
44
|
0.1932
|
84
|
1.1104
|
|
5
|
0.00830
|
45
|
0.2000
|
85
|
1.1170
|
|
6
|
0.00996
|
46
|
0.2117
|
86
|
1.1236
|
|
7
|
0.01162
|
47
|
0.2233
|
87
|
1.1302
|
|
8
|
0.01328
|
48
|
0.2350
|
88
|
1.1368
|
|
9
|
0.01494
|
49
|
0.2466
|
89
|
1.1434
|
|
10
|
0.01660
|
50
|
0.2583
|
90
|
1.1500
|
|
11
|
0.01828
|
51
|
0.2783
|
91
|
1.1550
|
|
12
|
0.01996
|
52
|
0.2983
|
92
|
1.1600
|
|
13
|
0.02164
|
53
|
0.3183
|
93
|
1.1650
|
|
14
|
0.02332
|
54
|
0.3383
|
94
|
1.1700
|
|
15
|
0.02500
|
55
|
0.3583
|
95
|
1.1750
|
|
16
|
0.03000
|
56
|
0.4116
|
96
|
1.1800
|
|
17
|
0.03500
|
57
|
0.4650
|
97
|
1.1850
|
|
18
|
0.04000
|
58
|
0.5183
|
98
|
1.1900
|
|
19
|
0.04500
|
59
|
0.5717
|
99
|
1.1950
|
|
20
|
0.05000
|
60
|
0.6250
|
100
|
1.2000
|
|
21
|
0.05500
|
61
|
0.6783
|
101
|
1.2050
|
|
22
|
0.06000
|
62
|
0.7317
|
102
|
1.2100
|
|
23
|
0.06500
|
63
|
0.7850
|
103
|
1.2150
|
|
24
|
0.07000
|
64
|
0.8384
|
104
|
1.2200
|
|
25
|
0.07500
|
65
|
0.8917
|
105
|
1.2250
|
|
26
|
0.08000
|
66
|
0.9117
|
106
|
1.2267
|
|
27
|
0.08500
|
67
|
0.9317
|
107
|
1.2284
|
|
28
|
0.09000
|
68
|
0.9517
|
108
|
1.2300
|
|
29
|
0.09500
|
69
|
0.9717
|
109
|
1.2317
|
|
30
|
0.10000
|
70
|
0.9917
|
110
|
1.2334
|
|
31
|
0.10660
|
71
|
1.0034
|
111
|
1.2351
|
|
32
|
0.11320
|
72
|
1.0150
|
112
|
1.2367
|
|
33
|
0.11980
|
73
|
1.0267
|
113
|
1.2384
|
|
34
|
0.12640
|
74
|
1.0383
|
114
|
1.2400
|
|
35
|
0.13300
|
75
|
1.0500
|
115
|
1.2417
|
|
36
|
0.13960
|
76
|
1.0568
|
116
|
1.2434
|
|
37
|
0.14620
|
77
|
1.0636
|
117
|
1.2450
|
|
38
|
0.15280
|
78
|
1.0704
|
118
|
1.2467
|
|
39
|
0.15940
|
79
|
1.0772
|
119
|
1.2483
|
|
40
|
0.16600
|
80
|
1.0840
|
120
|
1.2500
|
(e)
If more than one BMP in series is necessary to achieve the required
80% TSS reduction for a site, the applicant shall utilize the following
formula to calculate TSS reduction:
|
R = A + B - (A x B)/100
|
|
Where:
| ||
|
R
|
=
|
total TSS percent load removal from application of both BMPs.
|
|
A
|
=
|
the TSS percent removal rate applicable to the first BMP.
|
|
B
|
=
|
the TSS percent removal rate applicable to the second BMP.
|
(f)
Stormwater management measures shall also be designed to reduce, to the maximum extent feasible, the post-construction nutrient load of the anticipated load from the developed site in stormwater runoff generated from the water quality design storm. In achieving reduction of nutrients to the maximum extent feasible, the design of the site shall include green infrastructure BMPs that optimize nutrient removal while still achieving the performance standards in § 21-55.14d16, 17 and 18.
(g)
In accordance with the definition of "FW1" at N.J.A.C. 7:9B-1.4,
stormwater management measures shall be designed to prevent any increase
in stormwater runoff to waters classified as "FW1."
(h)
The Flood Hazard Area Control Act Rules at N.J.A.C. 7:13-4.1(c)1
establish 300-foot riparian zones along Category One waters, as designated
in the Surface Water Quality Standards at N.J.A.C. 7:9B, and certain
upstream tributaries to Category One waters. A person shall not undertake
a major development that is located within or discharges into a 300-foot
riparian zone without prior authorization from the Department under
N.J.A.C. 7:13.
(i)
Pursuant to the Flood Hazard Area Control Act Rules at N.J.A.C.
7:13-11.2(j)3i, runoff from the water quality design storm that is
discharged within a 300-foot riparian zone shall be treated in accordance
with this subsection to reduce the post-construction load of total
suspended solids by 95% of the anticipated load from the developed
site, expressed as an annual average.
(j)
The stormwater runoff quality standards do not apply to the
construction of one individual single-family dwelling, provided that
it is not part of a larger development or subdivision that has received
preliminary or final site plan approval prior to December 3, 2018,
and that the motor vehicle surfaces are made of permeable material(s),
such as gravel, dirt, and/or shells.
18.
Stormwater runoff quantity standards.
(a)
This subsection contains the minimum design and performance
standards to control stormwater runoff quantity impacts of major development.
(b)
In order to control stormwater runoff quantity impacts, the design engineer shall, using the assumptions and factors for stormwater runoff calculations at § 21-55.14e, complete one of the following:
(1)
Demonstrate through hydrologic and hydraulic analysis
that for stormwater leaving the site, post-construction runoff hydrographs
for the two-, ten-, and 100-year storm events do not exceed, at any
point in time, the preconstruction runoff hydrographs for the same
storm events;
(2)
Demonstrate through hydrologic and hydraulic analysis
that there is no increase, as compared to the preconstruction condition,
in the peak runoff rates of stormwater leaving the site for the two-,
ten- and 100-year storm events and that the increased volume or change
in timing of stormwater runoff will not increase flood damage at or
downstream of the site. This analysis shall include the analysis of
impacts of existing land uses and projected land uses assuming full
development under existing zoning and land use ordinances in the drainage
area;
(3)
Design stormwater management measures so that the
post-construction peak runoff rates for the two-, ten- and 100-year
storm events are 50%, 75% and 80%, respectively, of the preconstruction
peak runoff rates. The percentages apply only to the post-construction
stormwater runoff that is attributable to the portion of the site
on which the proposed development or project is to be constructed;
or
(4)
In tidal flood hazard areas, stormwater runoff quantity analysis in accordance with Subsection d18(b)(1), (2) and (3) above is required unless the design engineer demonstrates through hydrologic and hydraulic analysis that the increased volume, change in timing, or increased rate of the stormwater runoff, or any combination of the three will not result in additional flood damage below the point of discharge of the major development. No analysis is required if the stormwater is discharged directly into any ocean, bay, inlet, or the reach of any watercourse between its confluence with an ocean, bay, or inlet and downstream of the first water control structure.
(c)
The stormwater runoff quantity standards shall be applied at
the site's boundary to each abutting lot, roadway, watercourse, or
receiving storm sewer system.
e.
Calculation of stormwater runoff and groundwater recharge.
[Amended 12-3-2020 by Ord. No. 2346]
1.
Stormwater runoff shall be calculated in accordance with the following:
(a)
The design engineer shall calculate runoff using one of the
following methods:
(1)
The USDA Natural Resources Conservation Service (NRCS) methodology, including the NRCS Runoff Equation and Dimensionless Unit Hydrograph, as described in Chapters 7, 9, 10, 15 and 16, Part 630, Hydrology National Engineering Handbook, incorporated herein by reference as amended and supplemented. This methodology is additionally described in Technical Release 55 - Urban Hydrology for Small Watersheds (TR-55), dated June 1986, incorporated herein by reference as amended and supplemented. Information regarding the methodology is available from the Natural Resources Conservation Service website at https://www.nrcs.usda.gov/Internet/FSE_DOCUMENTS/stelprdb1044171.pdf or at United States Department of Agriculture Natural Resources Conservation Service, 220 Davison Avenue, Somerset, New Jersey 08873; or
(2)
The Rational Method for peak flow and the Modified Rational
Method for hydrograph computations. The Rational and Modified Rational
Methods are described in "Appendix A-9 Modified Rational Method" in
the Standards for Soil Erosion and Sediment Control in New Jersey,
January 2014. This document is available from the State Soil Conservation
Committee or any of the soil conservation districts listed at N.J.A.C.
2:90-1.3(a)3. The location, address, and telephone number for each
soil conservation district is available from the State Soil Conservation
Committee, PO Box 330, Trenton, New Jersey 08625. The document is
also available at http://www.nj.gov/agriculture/divisions/anr/pdf/2014NJSoilErosionControlStand
ardsComplete.pdf.
(b)
For the purpose of calculating runoff coefficients and groundwater recharge, there is a presumption that the preconstruction condition of a site or portion thereof is a wooded land use with good hydrologic condition. The term "runoff coefficient" applies to both the NRCS methodology above at § 21-55.14e1(a)(1) and the Rational and Modified Rational Methods at § 21-55.14e1(a)(2). A runoff coefficient or a groundwater recharge land cover for an existing condition may be used on all or a portion of the site if the design engineer verifies that the hydrologic condition has existed on the site or portion of the site for at least five years without interruption prior to the time of application. If more than one land cover has existed on the site during the five years immediately prior to the time of application, the land cover with the lowest runoff potential shall be used for the computations. In addition, there is the presumption that the site is in good hydrologic condition (if the land use type is pasture, lawn, or park), with good cover (if the land use type is woods), or with good hydrologic condition and conservation treatment (if the land use type is cultivation).
(c)
In computing preconstruction stormwater runoff, the design engineer
shall account for all significant land features and structures, such
as ponds, wetlands, depressions, hedgerows, or culverts, that may
reduce preconstruction stormwater runoff rates and volumes.
(d)
In computing stormwater runoff from all design storms, the design
engineer shall consider the relative stormwater runoff rates and/or
volumes of pervious and impervious surfaces separately to accurately
compute the rates and volume of stormwater runoff from the site. To
calculate runoff from unconnected impervious cover, urban impervious
area modifications as described in the NRCS Technical Release 55 -
Urban Hydrology for Small Watersheds or other methods may be employed.
(e)
If the invert of the outlet structure of a stormwater management
measure is below the flood hazard design flood elevation as defined
at N.J.A.C. 7:13, the design engineer shall take into account the
effects of tailwater in the design of structural stormwater management
measures.
2.
Groundwater recharge may be calculated in accordance with the following:
the New Jersey Geological Survey Report GSR-32, A Method for Evaluating
Ground-Water-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 and Water Survey website at https://www.nj.gov/dep/njgs/pricelst/gsreport/gsr32.pdf
or at New Jersey Geological and Water Survey, 29 Arctic Parkway, PO
Box 420 Mail Code 29-01, Trenton, New Jersey 08625-0420.
f.
Sources for technical guidance.
[Amended 12-3-2020 by Ord. No. 2346]
1.
Technical guidance for stormwater management measures can be found
in the documents listed below, which are available to download from
the Department's website at http://www.nj.gov/dep/stormwater/bmp_manual2.htm.
(a)
Guidelines for stormwater management measures are contained
in the New Jersey Stormwater Best Management Practices Manual, as
amended and supplemented. Information is provided on stormwater management
measures such as, but not limited to, those listed in Tables 1, 2,
and 3.
(b)
Additional maintenance guidance is available on the Department's
website at https://www.njstormwater.org/maintenance_guidance.htm.
2.
Submissions required for review by the Department should be mailed
to: the Division of Water Quality, New Jersey Department of Environmental
Protection, Mail Code 401-02B, PO Box 420, Trenton, New Jersey 08625-0420.
g.
Solids and floatable materials control standards.
[Amended 12-3-2020 by Ord. No. 2346]
1.
Site design features identified under § 21-55.14d6 above, or alternative designs in accordance with § 21-55.14d7 above, to prevent discharge of trash and debris from drainage systems shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets. For purposes of this subsection, "solid and floatable materials" means sediment, debris, trash, and other floating, suspended, or settleable solids. For exemptions to this standard see § 21-55.14g1(b) below.
(a)
Design engineers shall use one of the following grates whenever
they use a grate in pavement or another ground surface to collect
stormwater from that surface into a storm drain or surface water body
under that grate:
(1)
The New Jersey Department of Transportation (NJDOT) bicycle-safe
grate, which is described in Chapter 2.4 of the NJDOT Bicycle Compatible
Roadways and Bikeways Planning and Design Guidelines; or
(2)
A different grate, if each individual clear space in that grate
has an area of no more than 7.0 square inches, or is no greater than
0.5 inch across the smallest dimension. Examples of grates subject
to this standard include grates in grate inlets, the grate portion
(non-curb-opening portion) of combination inlets, grates on storm
sewer manholes, ditch grates, trench grates, and grates of spacer
bars in slotted drains. Examples of ground surfaces include surfaces
of roads (including bridges), driveways, parking areas, bikeways,
plazas, sidewalks, lawns, fields, open channels, and stormwater system
floors used to collect stormwater from the surface into a storm drain
or surface water body.
(3)
For curb-opening inlets, including curb-opening inlets in combination
inlets, the clear space in that curb opening, or each individual clear
space if the curb opening has two or more clear spaces, shall have
an area of no more than 7.0 square inches, or be no greater than 2.0
inches across the smallest dimension.
(b)
The standard in Subsection g1(a) above does not apply:
(1)
Where each individual clear space in the curb opening in existing
curb-opening inlet does not have an area of more than 9.0 square inches;
(2)
Where the municipality agrees that the standards would cause
inadequate hydraulic performance that could not practicably be overcome
by using additional or larger storm drain inlets;
(3)
Where flows from the water quality design storm as specified
in N.J.A.C. 7:8 are conveyed through any device (e.g., end of pipe
netting facility, manufactured treatment device, or a catch basin
hood) that is designed, at a minimum, to prevent delivery of all solid
and floatable materials that could not pass through one of the following:
(i)
A rectangular space 4.625 inches long and 1.5 inches
wide (this option does not apply for outfall netting facilities);
or
(ii)
A bar screen having a bar spacing of 0.5 inch.
(iii)
Note that these exemptions do not authorize any
infringement of requirements in the Residential Site Improvement Standards
for bicycle-safe grates in new residential development [N.J.A.C. 5:21-4.18(b)2
and 5:21-7.4(b)1].
(4)
Where flows are conveyed through a trash rack that has parallel
bars with one-inch spacing between the bars, to the elevation of the
water quality design storm as specified in N.J.A.C. 7:8; or
(5)
Where the New Jersey Department of Environmental Protection
determines, pursuant to the New Jersey Register of Historic Places
Rules at N.J.A.C. 7:4-7.2(c), that action to meet this standard is
an undertaking that constitutes an encroachment or will damage or
destroy the New Jersey Register listed historic property.
h.
Safety standards for stormwater management basins.
[Amended 12-3-2020 by Ord. No. 2346]
1.
This section sets forth requirements to protect public safety through
the proper design and operation of stormwater management basins. This
section applies to any new stormwater management basin.
2.
The provisions of this section are not intended to preempt more stringent municipal or county safety requirements for new or existing stormwater management basins. Municipal and county stormwater management plans and ordinances may, pursuant to their authority, require existing stormwater management basins to be retrofitted to meet one or more of the safety standards in § 21-55.14h3(a), (b), and (c) for trash racks, overflow grates, and escape provisions at outlet structures.
3.
Requirements for trash racks, overflow grates and escape provisions.
(a)
A trash rack is a device designed to catch trash and debris
and prevent the clogging of outlet structures. Trash racks shall be
installed at the intake to the outlet from the stormwater management
basins to ensure proper functioning of the basins outlets in accordance
with the following:
(1)
The trash rack shall have parallel bars, with no greater than
six-inch spacing between the bars;
(2)
The trash rack shall be designed so as not to adversely affect
the hydraulic performance of the outlet pipe or structure;
(3)
The average velocity of flow through a clean trash rack is not
to exceed 2.5 feet per second under the full range of stage and discharge.
Velocity is to be computed on the basis of the net area of opening
through the rack; and
(4)
The trash rack shall be constructed of rigid, durable, and corrosion-resistant
material and designed to withstand a perpendicular live loading of
300 pounds per square foot.
(b)
An overflow grate is designed to prevent obstruction of the
overflow structure. If an outlet structure has an overflow grate,
such grate shall meet the following requirements:
(1)
The overflow grate shall be secured to the outlet structure
but removable for emergencies and maintenance.
(2)
The overflow grate spacing shall be no less than two inches
across the smallest dimension.
(3)
The overflow grate shall be constructed and installed to be
rigid, durable, and corrosion resistant and shall be designed to withstand
a perpendicular live loading of 300 pounds per square foot.
(c)
Stormwater management basins shall include escape provisions
as follows:
(1)
If a stormwater management basin 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 basins. With the prior approval of the municipality pursuant to § 21-55.14h3, a freestanding outlet structure may be exempted from this requirement;
(2)
Safety ledges shall be constructed on the slopes of all new stormwater management basins having a permanent pool of water deeper than 2 1/2 feet. Safety ledges shall be comprised of two steps. Each step shall be four feet to six feet in width. One step shall be located approximately 2 1/2 feet below the permanent water surface, and the second step shall be located one foot to 1 1/2 feet above the permanent water surface. See § 21-55.14h5 for an illustration of safety ledges in a stormwater management basin; and
(3)
In new stormwater management basins, the maximum interior slope
for an earthen dam, embankment, or berm shall not be steeper than
three horizontal to one vertical.
4.
Variance or exemption from safety standard. A variance or exemption
from the safety standards for stormwater management basins may be
granted only upon a written finding by the municipality that the variance
or exemption will not constitute a threat to public safety.
5.
Safety ledge illustration.
 |
i.
Requirements for a site development stormwater plan.
[Amended 1-7-2009 by Ord.
No. 2113; 12-3-2020 by Ord. No. 2346]
1.
Submission of site development stormwater plan.
(a)
Whenever an applicant seeks municipal approval of a development subject to this section, the applicant shall submit all of the required components of the Checklist for the Site Development Stormwater Plan at § 21-55.14i3 below as part of the submission of the application for approval.
(b)
The applicant shall demonstrate that the project meets the standards
set forth in this section.
(c)
The applicant shall submit 16 copies of the materials listed in the Checklist for Site Development Stormwater Plans in accordance with § 21-55.14i3 of this section.
2.
Site development stormwater plan approval. The applicant's site development
project shall be reviewed as a part of the review process by the municipal
board or official from which municipal approval is sought. That municipal
board or official shall consult the municipality's review engineer
to determine if all of the checklist requirements have been satisfied
and to determine if the project meets the standards set forth in this
section.
3.
Submission of site development stormwater plan. The following information
shall be required:
(a)
Topographic base map. The reviewing engineer may require upstream
tributary drainage system information as necessary. It is recommended
that the topographic base map of the site be submitted which extends
a minimum of 200 feet beyond the limits of the proposed development,
at a scale of one inch equals 200 feet or greater, showing two-foot
contour intervals. The map as appropriate may indicate the following:
existing surface water drainage, shorelines, steep slopes, soils,
erodible soils, perennial or intermittent streams that drain into
or upstream of the Category One waters, wetlands and floodplains along
with their appropriate buffer strips, marshlands and other wetlands,
pervious or vegetative surfaces, existing man-made structures, roads,
bearing and distances of property lines, and significant natural and
man-made features not otherwise shown.
(b)
Environmental site analysis. A written and graphic description
of the natural and man-made features of the site and its surroundings
should be submitted. This description should include a discussion
of soil conditions, slopes, wetlands, waterways and vegetation on
the site. Particular attention should be given to unique, unusual,
or environmentally sensitive features and to those that provide particular
opportunities or constraints for development.
(c)
Project description and site plans. A map (or maps) at the scale
of the topographical base map indicating the location of existing
and proposed buildings roads, parking areas, utilities, structural
facilities for stormwater management and sediment control, and other
permanent structures. The map(s) shall also clearly show areas where
alterations will occur in the natural terrain and cover, including
lawns and other landscaping, and seasonal high groundwater elevations.
A written description of the site plan and justification for proposed
changes in natural conditions shall also be provided.
(d)
Land use planning and source control plan. This plan shall provide a demonstration of how the goals and standards of § 21-55.14c through e are being met. The focus of this plan shall be to describe how the site is being developed to meet the objective of controlling groundwater recharge, stormwater quality and stormwater quantity problems at the source by land management and source controls whenever possible.
(e)
Stormwater management facilities map. The following information,
illustrated on a map of the same scale as the topographic base map,
shall be included:
(1)
Total area to be disturbed, paved or built upon, proposed surface
contours, land area to be occupied by the stormwater management facilities
and the type of vegetation thereon, and details of the proposed plan
to control and dispose of stormwater.
(2)
Details of all stormwater management facility designs, during
and after construction, including discharge provisions, discharge
capacity for each outlet at different levels of detention and emergency
spillway provisions with maximum discharge capacity of each spillway.
(f)
Calculations.
(1)
Comprehensive hydrologic and hydraulic design calculations for the predevelopment and post-development conditions for the design storms specified in § 21-55.14d of this section.
(2)
When the proposed stormwater management control measures depend
on the hydrologic properties of soils or require certain separation
from the seasonal high-water table, then a soils report shall be submitted.
The soils report shall be based on on-site boring logs or soil pit
profiles. The number and location of required soil borings or soil
pits shall be determined based on what is needed to determine the
suitability and distribution of soils present at the location of the
control measure.
(g)
Maintenance and repair plan. The design and planning of the stormwater management facility shall meet the maintenance requirements of § 21-55.14j.
(h)
Waiver from submission requirements. The municipal official or board reviewing an application under this section may, in consultation with the municipality's review engineer, waive submission of any of the requirements in § 21-55.14i3(a) through (f) of this section when it can be demonstrated that the information requested is impossible to obtain or it would create a hardship on the applicant to obtain and its absence will not materially affect the review process.
j.
Maintenance and repair.
[Amended 3-5-2007 by Ord.
No. 2063; 1-7-2009 by Ord. No. 2113; 12-3-2020 by Ord. No. 2346]
1.
Applicability. Projects subject to review as in § 21-55.14a3 of this section shall comply with the requirements of § 21-55.14j2 and 3.
2.
General maintenance.
(a)
The design engineer shall prepare a maintenance plan for the
stormwater management measures incorporated into the design of a major
development.
(b)
The maintenance plan shall contain specific preventative maintenance tasks and schedules; cost estimates, including estimated cost of sediment, debris, or trash removal; and the name, address, and telephone number of the person or persons responsible for preventative and corrective maintenance (including replacement). The plan shall contain information on BMP location, design, ownership, maintenance tasks and frequencies, and other details as specified in Chapter 8 of the New Jersey Stormwater Best Management Practices Manual, as well as the tasks specific to the type of BMP, as described in the applicable chapter containing design specifics.
(c)
If the maintenance plan identifies a person other than the property
owner (for example, a developer, a public agency or homeowners' association)
as having the responsibility for maintenance, the plan shall include
documentation of such person's or entity's agreement to assume this
responsibility, or of the owner's obligation to dedicate a stormwater
management facility to such person under an applicable ordinance or
regulation.
(d)
Responsibility for maintenance shall not be assigned or transferred
to the owner or tenant of an individual property in a residential
development or project, unless such owner or tenant owns or leases
the entire residential development or project. The individual property
owner may be assigned incidental tasks, such as weeding of a green
infrastructure BMP, provided the individual agrees to assume these
tasks; however, the individual cannot be legally responsible for all
of the maintenance required.
(e)
If the party responsible for maintenance identified under § 21-55.14j2(c) above is not a public agency, the maintenance plan and any future revisions based on § 21-55.14j2(g) below shall be recorded upon the deed of record for each property on which the maintenance described in the maintenance plan must be undertaken.
(f)
Preventative and corrective maintenance shall be performed to
maintain the functional parameters (storage volume, infiltration rates,
inflow/outflow capacity, etc.) of the stormwater management measure,
including, but not limited to, repairs or replacement to the structure;
removal of sediment, debris, or trash; restoration of eroded areas;
snow and ice removal; fence repair or replacement; restoration of
vegetation; and repair or replacement of nonvegetated linings.
(g)
The party responsible for maintenance identified under § 21-55.14j2(c) above shall perform all of the following requirements:
(1)
Maintain a detailed log of all preventative and corrective maintenance
for the structural stormwater management measures incorporated into
the design of the development, including a record of all inspections
and copies of all maintenance-related work orders;
(2)
Evaluate the effectiveness of the maintenance plan at least
once per year and adjust the plan and the deed as needed; and
(3)
Retain and make available, upon request by any public entity with administrative, health, environmental, or safety authority over the site, the maintenance plan and the documentation required by § 21-55.14j2(f) and (g) above.
(h)
The requirements of § 21-55.14j2(c) and (d) do not apply to stormwater management facilities that are dedicated to and accepted by the municipality or another governmental agency, subject to all applicable municipal stormwater general permit conditions, as issued by the Department.
(i)
In the event that the stormwater management facility becomes
a danger to public safety or public health, or if it is in need of
maintenance or repair, the municipality shall so notify the responsible
person in writing. Upon receipt of that notice, the responsible person
shall have 14 days to effect maintenance and repair of the facility
in a manner that is approved by the Municipal Engineer or his designee.
The municipality, in its discretion, may extend the time allowed for
effecting maintenance and repair for good cause. If the responsible
person fails or refuses to perform such maintenance and repair, the
municipality may immediately proceed to do so and shall utilize the
funds from the stormwater management escrow agreement.
3.
Nothing in this subsection shall preclude the municipality in which
the major development is located from requiring the posting of a performance
or maintenance guarantee in accordance with N.J.S.A. 40:55D-53.
k.
Escrow Account for Stormwater Management Maintenance and Repair.
1.
Owner shall fund and maintain, and the Township of Ocean shall hold,
a Balance of Escrow monies equal in amount (Escrow Principal) to the
estimated cost of two annual Township inspections of the on-site stormwater
management system plus the estimated cost of one year's routine maintenance
as set forth in the Maintenance Manual for the Stormwater Management
System appended hereto; these cost estimates and Escrow Principal
being adjusted for all years of the life of this Agreement, beyond
the first, in accordance with 'b' below. The following shall apply
to the payment and/or disposition of Escrow monies:
(a)
Owner shall deposit Escrow money with the Township in the amount
required to raise its current Escrow Balance to equal the required
Escrow Principal for the forthcoming calendar year on, or before,
January 31 of each calendar year of the life of this Agreement. Additionally,
Owner shall deposit ESCROW money with the Township within 30 days
of notification by the TOWNSHIP, that its ESCROW BALANCE requires
supplementation to be brought to the full value of the ESCROW PRINCIPAL
for the present calendar year.
(b)
The amount of the ESCROW BALANCE to be maintained (ESCROW PRINCIPAL)
during any calendar year shall be adjusted annually, in January of
the year, by multiplying the ESCROW PRINCIPAL of the prior calendar
year by a multiplier equal to the greater of either:
1.03 or the ratio: (CPI-W Nov/CPI-W Nov-12)
where CPI-W is the Consumer Price Index for urban wage earners
and clerical workers in the New York-Northern NJ-Long Island (i.e.,
NY-NJ-CT-PA) area published by the Bureau of Labor Statistics of the
U.S. Department of Labor and the subscript "Nov" indicates the index
for the November immediately prior to the adjustment while the subscript
"Nov-12" indicates the index for the December 14 months prior to the
adjustment.
(c)
Escrow monies of OWNER may be used by the TOWNSHIP to pay or
reimburse itself, its agents and/or its assigns, for any loss, cost
or expense incurred in connection with actions authorized and taken
under the terms of this AGREEMENT.
[Added 3-5-2007 by Ord.
No. 2063]
l.
Penalties. Any person(s) who erects, constructs, alters, repairs, converts, maintains, or uses any building, structure or land in violation of this section shall be subject to the penalties as prescribed in § 21-65 of the Comprehensive Land Development Ordinance of the Township of Ocean.
[Amended 3-5-2007 by Ord.
No. 2063; 12-3-2020 by Ord. No. 2346]
m.
Fees for Inspections. Fees for inspection and management of stormwater detention and retention systems shall be as listed in Schedule I, Stormwater Management Fund Calculation, included as an attachment to this chapter.
[Adopted 1-8-1992 by Ord.
No. 1564]
The following is a list of items and details to be supplied
with the various development applications which are submitted for
approval to a Municipal Agency of the Township of Ocean. The following
documents shall be provided for development application review. In
some circumstances, additional information beyond these requirements
may be required of the applicant by the Municipal Agency. Such additional
items shall be provided promptly in order to facilitate prompt action
on the part of the Municipal Agency. The Municipal Agency shall also
have the right to waive certain details if a specific request is made
by the applicant and agreed to by the agency. Surveys, the general
plan, grading and utility plans, landscaping plans, architectural
plans and elevations may be indicated on separate drawings and documents.
The required items and details are primarily for the use of the Municipal
Agency to establish criteria required to make decisions and recommendations.
The following items shall be required.
[Adopted 1-8-1992 by Ord.
No. 1564; 12-12-1992 by Ord. No. 1610]
The requirements herein shall not apply to applications for
minor site plan that are presented to the Minor Site Plan Committee.
a.
Title, key map location of development and the name and address of
the owner of record and the applicant.
b.
Certification from the Tax Collector that all taxes and assessments
are paid to date.
c.
The proposed use or uses of the land and buildings.
d.
Scale and graphic scale shall be indicated on every sheet.
e.
North arrow, in same direction on all sheets.
f.
A list of all variances and waivers being requested by the applicant.
g.
Payment in full of all required application fees and establishment
of any required escrow account.
h.
A list of any required permits or applications required by any other
governmental agency.
i.
An affidavit of ownership of the subject property.
j.
Proper completion of the appropriate application forms required by
the Municipal Agency.
[Adopted 1-8-1992 by Ord.
No. 1564; 12-12-1992 by Ord. No. 1610]
The requirements herein shall not apply to applications for
minor site plan that are presented to the Minor Site Plan Committee.
a.
Site plans shall be drawn by a New Jersey licensed surveyor, civil
engineer, architect, landscape architect or municipal planner. Surveys
can only be done by a New Jersey licensed land surveyor, and improvements
to or adjacent to the site can only be done by a New Jersey licensed
engineer or architect. Each professional shall sign the site plan
and seal it.
b.
Site plans should be presented at a scale no smaller than one inch
equals 50 feet. All site plans shall be prepared using a conventional
"engineer's scale." Architectural plans may be prepared utilizing
an "architect's scale". The size of sheets should not exceed 36 inches
by 24 inches.
c.
Initial submission shall consist of a total of three copies of all
plans and application forms. Once an application is deemed complete,
in compliance with the Municipal Land Use Law, an additional 13 copies
of all plans and application forms shall be submitted prior to 21
days before the public hearing on the application. All plans shall
be folded to a size not to exceed 10 inches by 14 inches.
d.
A survey of the property prepared by a licensed surveyor of New Jersey,
showing boundaries of properties, line of all existing streets and
roads, easements, rights-of-way and areas dedicated to public use
on or directly adjacent to the site. Also indicate on this sheet the
north arrow, scale in feet and graphic scale, name and address and
professional license number and seal of the person who prepared the
survey.
e.
Names of all owners of record of all adjacent properties with lot
and block numbers, and parcel number, within 200 feet of the property.
f.
A schedule of Zone requirements as well as what the application correspondingly
proposes. Said schedule shall include, but not be limited to: total
lot area, buildable lot area, lot width, lot frontage, lot depth,
principal and accessory building setbacks, lot coverage, parking space
size and numbers, and percentage of landscaped area.
g.
Show existing and proposed buildings with dimensions, show the first
floor elevations, and present and finished grade elevations at all
corners and entrances. Existing buildings and structures to be removed
are to be indicated.
h.
Submit topographic map to delineate existing contours at two-foot
intervals, up to 10 feet beyond property lines, as well as proposed
grading and contours, floodplains, ponds, streams and drainage ditches,
etc.
i.
Show all wooded areas which are to be retained, as well as the location
of all trees six inches or greater in diameter which are located within
areas to be disturbed and within 30 feet of any area proposed to be
disturbed. All six inch or greater diameter trees so indicated shall
be identified as to diameter and species.
j.
Indicate the location of all existing and proposed structures, i.e.,
walls, culverts, bridges, roadways, parking areas, etc., with grade
elevations for each structure. Dimensions shall be shown on the plans
for the size and location of each structure.
k.
Indicate existing zones of the development site and of any different
zones within 200 feet of the property.
l.
The distance of the property line (measured along the center line
of existing street abutting the property) to the nearest driveway
and nearest intersection.
m.
The boundaries of the property, building and setback lines, lines
of existing streets, lots, reservations, easements and areas dedicated
to public use. Dimensions shall be indicated on the plans for all
of these items, where appropriate.
n.
Indicate locations of all utility structures and lines, including
telephone, power and light, water, sewer, gas, etc., whether privately
or publicly owned, with manholes, pipe sizes, grades, inverts and
directions of flow. The location of fire prevention facilities including
service lines, hydrants, Siamese connections, automatic sprinkler
systems, fire zones, "no parking" fire zones and pavement and wall
signs shall be shown.
o.
A Stormwater Management Plan as required under Subsection 21-55.14.
[Amended 10-25-2006 by Ord. No. 2055]
p.
A sedimentation and erosion control plan as required by the Freehold
Soil Conservation District.
q.
Show, on a key map, contiguous lots owned by the applicant or owner
of record, or in which the applicant has a direct interest.
r.
Indicate all means of vehicular ingress and egress to and from the
site onto public streets, showing the size and location of driveways,
curb cuts and curbing, sight lines and radii. All items shall be dimensioned.
s.
Show the design of off-street parking areas. All parking spaces,
setbacks of parking areas, and aisle widths shall be dimensioned.
t.
Show and dimension any truck loading and unloading zones, platforms
and docks.
u.
Indicate and dimension trash disposal and recyclable materials storage
areas.
v.
Show provisions for screening of equipment and storage areas, attached
or separate from buildings.
w.
Indicate all existing or proposed exterior lighting (free-standing
and/or on building) for size, nature of construction, lumens, heights,
area and direction of illumination, footcandles produced, as well
as the time controls proposed for outdoor lighting and display.
x.
Note all existing and proposed signs. Architectural drawings of all
signs are required. The location of all signs shall be dimensioned
on the plans.
y.
Indicate locations, dimensions and construction of all pedestrian
walkways and sidewalks on or directly adjacent to the site.
z.
A landscape plan.
aa.
Improvements to adjoining streets and roads, and traffic control
devices necessary in streets or highways. Acceleration and deceleration
lanes, paving, land dedication or acquisition for roads should be
shown.
bb.
Copies of any easements, covenants and deed restrictions intended
to cover any of the development site should be submitted.
cc.
Preliminary architectural drawings, including floor plans, basement
plans, and elevations of any new or altered (including facade alterations)
buildings or structures.
dd.
Appropriate places for signatures and date of approval of the Township
Engineer, Chairman and Secretary of the Municipal Agency.
ee.
A minimum of one soil boring shall be taken on all sites up to one
acre in area with one additional boring for each additional acre or
portion thereof. The borings shall be taken at representative locations
on site to the satisfaction of the Municipal Engineer. If stormwater
recharge or detention facilities are proposed, a boring shall be taken
at the location of the proposed facility, said borings being included
in the total count of required borings. Representative borings shall
be made to a minimum depth of 10 feet. Borings in recharge or detention
areas shall be to a minimum depth of 20 feet below finished surface
grade or five feet below the bottom of the proposed facility, whichever
is deeper. Boring logs shall be submitted as part of the site plan.
ff.
A written description of the proposed operations in the buildings
including the number of employees or members; the number of square
feet of enclosed building space, the proposed number of shifts to
be worked and the maximum number of employees on each shift; expected
truck and tractor-trailer traffic; emission of noise, glare, air and
water pollution; safety hazards; and anticipated expansion plans incorporated
in the building design.
gg.
The completion of the Green Development Checklist which was approved
by the Township of Ocean Governing Body via Resolution No. 21-177
on September 9, 2021. This Checklist is mandatory, however, compliance
with the Checklist items is not a condition of approval. This checklist
will assure that further commercial and civic development is consistent
with the Township of Ocean's desire to create a more sustainable community.
[Added 12-9-2021 by Ord. No. 2373]
[Adopted 1-8-1992 by Ord.
No. 1564]
Final site plan details are primarily a refinement of the preliminary
details by providing final engineering and architectural information
which will be classified as site plan construction details.
a.
All items and details required on the preliminary site plan with
complete accuracy.
b.
Evidence that all taxes and assessments against the site have been
paid.
c.
If any changes from the preliminary site plan have been made, submit
an approved preliminary site plan showing those changes highlighted.
d.
Initial submission shall consist of a total of three copies of all
plans and application forms. Once an application is deemed complete,
in compliance with the Municipal Land Use Law, an additional 13 copies
of all plans and application forms shall be submitted prior to 21
days before the public hearing on the application. All plans shall
be folded to a size not to exceed 10 inches by 14 inches.
[Adopted 1-8-1992 by Ord.
No. 1564]
a.
A marked up copy of the previously approved plan showing all proposed
changes shall be submitted. Upon approval of the amended site plan
by the municipal agency, the applicant shall submit a final revised
site plan properly signed and sealed.
b.
Site plans should be presented at a scale no smaller than one inch
equals 50 feet. All site plans shall be prepared using a conventional
"engineer's scale." Architectural plans may be prepared utilizing
an "architect's scale". The size of sheets should not exceed 36 inches
by 24 inches.
c.
Initial submission shall consist of a total of three copies of all
plans and application forms. Once an application is deemed complete,
in compliance with the Municipal Land Use Law, an additional five
copies of all plans and application forms shall be submitted prior
to 21 days before the public hearing on the application. All plans
shall be folded to a size not to exceed 10 inches by 14 inches.
d.
All taxes and assessments on the property shall be paid.
[Deleted 2-14-2001 by Ord. No. 1883, Items and Details Required for All
Minor Subdivision Applications]
[Adopted 1-8-1992 by Ord.
No. 1564, amended 2-14-2001 by Ord. No. 1883, 10-25-2006 by Ord. No. 2055]
Items and details required for all minor subdivisions and preliminary
major subdivision applications shall include:
a.
Initial submission shall consist of a total of three copies of all
plans and application forms. Once an application is deemed complete,
in compliance with the Municipal Land Use Law, an additional 13 copies
of all plans and application forms shall be submitted prior to 21
days before the public hearing on the application. All plans shall
be folded to a size not to exceed 10 inches by 14 inches.
b.
All plans should be presented at a scale no smaller than one inch
equals 50 feet. All site plans shall be prepared using a conventional
"engineer's scale." Architectural plans may be prepared utilizing
an "architect's scale". The size of sheets should not exceed 36 inches
by 24 inches.
c.
The general location of facilities, site improvements, and lot layouts
prepared, signed and sealed by a licensed professional engineer, surveyor,
planner or architect.
d.
The design and construction details of any public improvements including
street pavements, curbs, sidewalks, sanitary sewage and storm drainage
facilities. This plan shall be prepared by a licensed professional
engineer only.
e.
The location of the proposed site and approximate area of the subdivision
in relation to the entire Township.
f.
A Title block, including:
1.
Name and location of the project.
2.
Name of firm who prepared the plan.
3.
Full name of professional engineer, surveyor, architect or planner.
4.
The title Professional Engineer, Land Surveyor, Architect or Professional
Planner.
5.
License or certificate number, handwritten signature, seal, and date
signed and sealed.
6.
If the project includes the work of any other licensed professional,
not under the immediate supervision of the principal engineering firm,
a subtitle block of that professional firm or individual must appear
on all plans involving that profession.
g.
Name, address, block and lot of all property owners within 200 feet
of the extreme limits of the subdivision.
h.
Acreage of tract to be subdivided to the nearest 10th of an acre.
For sites less than one acre, the square footage of the tract to be
subdivided to the nearest square foot.
i.
Proposed number of lots or dwelling units and type.
j.
Sufficient elevations or contours to determine the general slope
and natural drainage of the land to points extending 50 feet beyond
the subdivision boundary.
k.
Subdivision boundary line or lines (heavy solid line).
l.
The location of all wooded areas which are to be retained, as well
as the location of all trees six inches or greater in diameter which
are located within areas to be disturbed and within 30 feet of any
area proposed to be disturbed. All six inch or greater diameter trees
so indicated shall be identified as to diameter and species.
m.
Street rights-of-way of the subdivision and within 200 feet of its
boundaries, including:
o.
A Stormwater Management Plan as required under Subsection 21-55.14.
[Amended 10-25-2006 by Ord. No. 2055]
p.
The location of all other utility structures including but not limited
to, water lines and sanitary sewers on the subdivision and within
200 feet of its boundaries.
q.
Marshes, ponds, streams, wetlands and land subject to periodic flooding
in the subdivision and within 50 feet of its boundaries, showing the
location and area covered and indicating apparent high water level.
r.
The location of existing exceptional natural features such as, but
not limited to, rock formations, and slopes exceeding 12% to the proper
scales both within and adjacent to the proposed site.
s.
Lot layout, including:
1.
Lot lines and dimensions of each lot to the nearest foot.
2.
Front building setback lines (dashed) and their dimensions from the
street.
3.
Existing zoning and boundaries thereof. If the entire subdivision
and lands within 200 feet of its boundaries are totally contained
within one zone, this information may be shown in the key map.
4.
Identification of lots or parcels of land to be reserved or dedicated
to public use, if any.
5.
Easements and restricted areas with notation as to purpose of restrictions.
t.
Buildings and other structures located on/or within the parcel to
be subdivided and 50 feet of its boundaries. Setbacks of all principal
and accessory buildings and structures shall be dimensioned on the
plat.
u.
Soil boring information which shall contain the following data and
be certified by a professional engineer.
1.
Date, location and soil profile of all soil borings, including ground
water elevation. One boring shall be required for each acre to be
subdivided.
2.
Locations shall include critical conditions and areas where drainage
structures requiring seepage are to be constructed.
3.
Soil borings are to be taken to a minimum of 10 feet below existing
or proposed grade, whichever is deeper. A minimum of one additional
soil boring shall be taken for each stormwater retention or detention
basin proposed within the subdivision, said boring being taken to
a minimum depth of 10 feet below the proposed bottom elevation of
the basin.
[Adopted 1-8-1992 by Ord.
No. 1564]
Items and details required for the submission of final subdivision
applications shall include all requirements for applications for preliminary
approval as well as the following:
a.
A final subdivision map, showing metes and bounds of the subdivision
and all lots and parcels within the subdivision, prepared, signed,
and sealed by a licensed land surveyor. The final plat shall be drawn
in ink on Mylar at a scale not smaller than one inch equals 50 feet
and in compliance with all the requirements of the New Jersey Map
Filing Law and for filing a map with the County Recording Officer
and shall be designed in compliance with the provisions of this chapter.
The final plat shall be accompanied by the same information required
for preliminary approval in addition to the following:
1.
Each block and lot shall be numbered in conformity to existing Tax
Map procedures.
2.
The building address number for each proposed building lot of the
subdivision in accordance with existing Township building address
numbering requirements and regulations based on the width of lots
of the subdivision as required by the Zoning Ordinance of the Township.
3.
Bearings and distances of all lot lines, and radii, are distances
and central angles of all curves. All distances shall be calculated
and shown to the nearest one hundredth of a foot.
4.
Proposed final contours at two-foot intervals extending to 25 feet
beyond the boundary of the subdivision. Existing contours at five-foot
intervals must be shown extending 25 feet beyond the boundary of the
subdivision.
5.
Certification that the applicant is agent or owner of the land, or
that the owner has given consent under an option agreement for the
dedication of streets, alleys, easements and other rights-of-way and
any lands for public use.
6.
At least one corner shall be tied into a U.S.G.S. benchmark. The
reference meridian (north arrow) shall be identified as true or magnetic.
Monuments, lot corners and other survey points shall be located and
described.
7.
When approval of plat is required by an officer or body of the County
or State, approval shall be certified on the plat.
b.
Final engineering plans and utility plans, prepared by a licensed
professional engineer, at the same scale and as required on the preliminary
plat.
c.
Initial submission shall consist of a total of three copies of all
plans and application forms. Once an application is deemed complete,
in compliance with the Municipal Land Use Law, an additional 13 copies
of all plans and application forms shall be submitted prior to 21
days before the public hearing on the application. All plans shall
be folded to a size not to exceed 10 inches by 14 inches.
[Adopted 1-8-1992 by Ord.
No. 1564]
a.
Initial submission shall consist of a total of three copies of all
plans and application forms. Once an application is deemed complete,
in compliance with the Municipal Land Use Law, an additional eight
copies of all plans and application forms shall be submitted prior
to 21 days before the public hearing on the application. All plans
shall be folded to a size not to exceed 10 inches by 14 inches.
b.
Certification from the Tax Collector that all taxes and assessments
are paid to date.
[Added 12-12-1992 by Ord.
No. 1610, amended 11-20-1995 by Ord. No. 1716]
a.
Original and six copies of the application forms, signed and notarized;
b.
Owners consent for the application to be made if the applicant is
not the owner of the subject site;
c.
Application fee and escrow fees, if required, paid;
d.
Certification from the Tax Collector that all taxes are paid to date;
e.
Seven copies of a survey of the property or a previously approved
site plan showing the following:
1.
Boundaries of the property;
2.
Lines of all currently existing buildings, streets, roads, drives,
parking areas, reservations, easements, rights-of-way, and areas dedicated
to public use;
3.
Location of all proposed buildings, structures, and/or improvements
with spot elevations as necessary;
4.
Architectural elevations for any changes to the building facade,
roofline, or extension;
5.
Name, address, professional license number, and seal of the preparer
of the plan or survey if, in the opinion of the Planning Administrator,
a sealed plan is required.
All plans must be collated, stapled, and folded to a dimension
not the exceed 10 inches x 12 inches.
f.
Written description of the proposed operation of the site; and
[Adopted 1-8-1992 by Ord.
No. 1564, amended 10-16-1996 by Ord. No. 1751]
An Itemized Performance Guarantee Estimate shall be prepared
by the Township Engineer setting forth all requirements for improvements
as fixed by the Municipal Agency and their estimated cost in connection
with those site plans, subdivisions, and single lot development requiring
public improvements. The governing body shall pass a resolution either
approving or adjusting this performance guarantee estimate. The Township
shall provide a copy of the performance guarantee estimate and resolution
to the applicant for use in obtaining and posting said guarantee.
[Adopted 1-8-1992 by Ord.
No. 1564, amended 10-16-1996 by Ord. No. 1751]
The developer shall present two copies of the performance guarantee
for approval as to form and substance by the Township Attorney for
which the owner or developer shall pay the Township such an amount
as to cover the costs of preparation of the developer's agreement
and review of the performance guarantee. A copy of the Itemized Performance
Guarantee Estimate shall be appended to each performance guarantee
posted by the obligor.
[Adopted 1-8-1992 by Ord.
No. 1564, amended 10-16-1996 by Ord. No. 1751]
a.
The performance guarantee and subsequent maintenance guarantee shall
be in such form and amounts as authorized by N.J.S.A. 40:55D-53, of
the Municipal Land Use Law. 10% of the amount of the approved performance
guarantee estimate shall be deposited by the developer in cash with
the Township of Ocean. The remaining 90% shall be in the form of a
performance bond, cash or letter of credit, in which the subdivider
shall be principal. If a bond is posted, the bond must be provided
by an acceptable surety company licensed to do business in the State
of New Jersey. Any security as may be permitted by the Municipal Land
Use Law and accepted by the Township of Ocean must be approved by
the Township Attorney.
The amount of performance guarantee, the amount of the maintenance
guarantee, time extensions, and courses of action of the Township
either upon completion of the subdivision or upon failure to complete
the subdivision shall be in accordance with Section 40:55D-53 of the
provisions of the Municipal Land Use Law.
b.
In situations where a development only creates one buildable residential
lot, the performance guarantee to be submitted to the Township need
only be 30% of the full amount of the performance guarantee requirements
set forth in the Municipal Land Use Law and applicable Township ordinances
providing said performance guarantee is in the form of cash for the
full 30%.
[Amended 3-5-2007 by Ord.
No. 2063]
c.
Performance guarantees relative to any and all sanitary sewer construction
shall be posted separately with the Township of Ocean Sewerage Authority.
[Adopted 1-8-1992 by Ord.
No. 1564]
All improvements and utility installation shall be inspected
during the time of their installations under the supervision of the
Township Engineer to insure satisfactory completion. The cost of said
inspection shall be the sole responsibility of the developer and the
fees in connection therewith are set forth under this chapter.
a.
In no case shall any paving work including seal coats be done without
permission from the Township Engineer prior to any such construction
so that a representative of the Township Engineer's Office may be
present at the time the work is to be done.
[Amended 9-18-1996 by Ord. No. 1748]
b.
The Township Engineer's Office shall be notified prior to each of
the following phases of work having been completed so that he or a
qualified representative may inspect the work:
1.
Road subgrade.
2.
Storm drainage facilities.
3.
Curb and gutter forms.
4.
Curb and gutters.
5.
Driveways.
6.
Road paving prior to each course of pavement and seal coat.
7.
Sidewalk forms.
8.
Sidewalks.
9.
Drainage pipes and other drainage structures before back filling.
10.
Shade trees and planting strips.
11.
Street name signs.
12.
Streetlighting.
13.
Monuments.
The Township of Ocean Sewerage Authority shall be notified prior
to the construction of any portion of the sanitary sewer system so
that an authorized representative of the Sewerage Authority Engineer
may inspect the work.
[Amended 9-18-1996 by Ord. No. 1748]
c.
A final inspection of all improvements and utilities will be made
to determine whether the work is satisfactory and in agreement with
the approved final plat drawings and the Township specifications.
The general condition of the site shall also be considered. Upon a
satisfactory final inspection report, action will be taken to release
the performance guarantee covering such improvements and utilities.
d.
Inspection by the Township of Ocean of the installation of improvements
and utilities by the developer shall not operate to subject the Township
of ocean to liability for claims, suits or liability of any kind that
may at any time arise because of defects or negligence, during construction,
or at any time thereafter; it being recognized that the responsibility
to maintain safe conditions at all times during construction and to
provide proper utilities and improvements is upon the developer and
his contractors, if any.
e.
After completing the construction of the public improvements covered
by the performance guarantee, the developer shall prepare a set of
the approved public improvement and utility plans and the profiles
amended to read "as constructed". The developer shall send a certified
letter to the Township Clerk as required under the Municipal Land
Use Law, N.J.S.A. 40:55D-53, requesting a release of the performance
guarantee. The Township Clerk shall forward this request to the Township
Engineer. The Township Engineer shall report to the governing body
on the condition of the work and recommend that the performance guarantee
be released, reduced, extended or declared in default.
[Amended 10-16-1996 by Ord. No. 1751]
[Adopted 1-8-1992 by Ord.
No. 1564, amended 10-16-1996 by Ord. No. 1751]
After completing the construction of the improvements as required
under this chapter, and prior to the acceptance of any streets by
the Township of Ocean for maintenance, the developer owner shall file
with the municipality a maintenance guarantee in the form of a surety
bond, letter of credit, or such other security as may be permitted
by the Municipal Land Use Law and accepted by the Township of Ocean,
that all improvements will remain in a satisfactory condition for
a period of two years. The amount of such guarantee shall be established
by the governing body acting on the advice of the Township Engineer
and the form thereof shall be approved by the Township Attorney, but
shall not exceed 15% of the total performance guarantee estimate,
including amendments thereto.
[Adopted 1-8-1992 by Ord.
No. 1564]
a.
Procedure. The developer shall file with the governing body a comprehensive
general liability insurance policy at the same time as he files his
performance guarantee. The Township Attorney shall approve the policy
for form. The policy shall be of the same term as the performance
guarantee and shall be extended in conformance with any extension
of the performance guarantee.
b.
Coverage. The policy shall insure the Township of Ocean and the developer
and shall cover all operations in the development involving existence
and maintenance of property and buildings and contracting operations
of every nature including all public improvements. Said policy shall
have limits of liability of $500,000 for bodily injury to each person
and $1,000,000 liability on the aggregate, for each accident, and
property liability of $50,000 for each accident and $100,000 aggregate
property damage liability.
