[Ord. No. 779 § 16.901]
All streets shall be provided with a storm drainage system including
manholes, catch basins and pipes as may be necessary for proper collection
of storm runoff.
a.
The drainage system shall be adequate to carry off the storm water
and natural drainage water which originates within the watershed affected
by the development. No storm water runoff or natural drainage water
shall be so diverted as to overload existing drainage systems to create
flooding.
b.
No land area shall be developed in such manner that:
c.
Drainage design shall be in accordance with accepted engineering
practices for the sizing of drainage structures. All calculations
shall be submitted to the Borough Engineer for review and approval.
d.
Specifications for drainage structures shall be in accordance with
New Jersey State Highway Standard Specifications, as amended from
time to time.
e.
Drainage inlets shall be located at all intersections, with inlets
on both sides of a street at intervals of not more than 400 feet,
or such shorter distances as required to prevent the flow of surface
water from exceeding the capacity of the drainage inlet and gutter.
Drainage inlets shall be located as close as possible to property
lines to avoid driveways.
Access manholes or inlets shall be placed at pipe junctions,
grade changes and other locations as appropriate.
f.
Lots shall be graded away from on-site buildings. In addition, drainage
shall be provided in a manner which will prevent the collection of
storm water in puddles or other unauthorized concentrations of flow
and water shall not flow across adjacent property lines at greater
than pre-development rates.
g.
Approval of drainage structures shall be obtained from the appropriate
municipal, County, State and Federal agencies and offices. Where required,
each applicant shall make application to the Division of Water Resources
of the State Department of Environmental Protection and Energy, the
Bergen County Engineering Department and the Borough Engineer. Final
approval shall not be effective until letters of approval from the
proper governmental authorities shall be furnished to the Approving
Authority with a copy forwarded to the Board Engineer.
h.
When required by the municipality and as indicated on an approved
development plan, a drainage easement shall be provided to the Borough
where a tract or lot is traversed by a watercourse, surface or underground
drainageway or drainage system, channel or stream. The drainage easement
shall conform substantially with the lines of such watercourse and
provide a ten foot (10) access strip along at least one side of the
watercourse. In any event, the easement shall be consistent with any
minimum widths and locations as shown on any adopted Official Map
or Master Plan.
[Ord. No. 779 § 16.902; Ord. No. 2018-05]
a.
Permit. No fence shall be erected without the issuance of zoning
permit. An application for a zoning permit shall be made by completion
of a form provided by the Borough and shall be accompanied by a survey
or plan depicting the location of the fence and the requisite fee.
b.
Materials and Placement.
1.
All permitted fences shall be situated on a lot in such a manner
that a finished side of the fence shall face adjacent properties.
2.
No fence shall be erected of barbed wire, razor ribbon metal spikes,
electrified materials or otherwise constructed of any material or
in any manner which may be dangerous to persons or animals.
c.
Height and Location.
1.
The following restrictions shall apply to all fences:
(a)
No portion of any fence shall be permitted in a front yard. For clarification purposes only and without limiting the definitions of "corner lot" and "through lot" in Section 26-301 of this Chapter, a corner lot shall be deemed to have two or more front yards, and a rear yard and/or a side yard, and a through lot shall be deemed to have two front yards and two side yards.
(b)
In no event shall any portion of a fence extend beyond a front
lot line.
(c)
No fence which may obstruct sight triangles shall be placed
on any property. (See subsection 26-502.8.g.1)
2.
In the residential zone, subject to the limitation regarding front
yards set forth in Section 26-902.1.c.1 above, the following fences
are permitted:
(a)
A closed fence to a maximum four feet in height along a lot
line.
(b)
A closed fence to a maximum height of six feet if placed at
least 10 feet from a lot line.
(c)
An open fence to a maximum height of six feet along a lot line.
(d)
An open fence in excess of six feet but not greater than 10
feet if placed at least 10 feet from the lot line.
(e)
Plastic mesh netting attached to stakes or posts, commonly known
as deer fencing, provided that it meets the following criteria:
(1)
Its color shall be black.
(2)
It shall have openings with no dimensions less than one-half
inch (0.5 inch).
(3)
No strand of its plastic mesh fabric shall have any dimension
greater than 1/16 inch.
(4)
The total height, whether by itself or used to extend open or
closed fencing by attaching it thereto, shall not exceed nine feet.
(5)
The deer fence shall be constructed, secured and maintained
in a taut fashion so that it does not move extensively in the wind.
(6)
Any stakes or posts used to extend the deer fencing above the
permissible height of open and closed fencing shall not have any horizontal
dimension greater than two inches.
3.
Open fencing for tennis courts shall be permitted in all zone districts,
provided the fencing does not exceed 15 feet in height and further
provided that the fence meets the rear and side yard setback required
of principal buildings in the district.
4.
Public and quasi-public uses may erect security fences in the side
and rear yards of a lot provided that such fencing does not exceed
15 feet in height.
d.
Maintenance and Repair. All fences shall be maintained and kept in
good repair by the property owner at the property owner's expense,
consistent with the design thereof. The property owner shall also
be responsible for maintaining the area between the property line
and fence.
[Ord. No. 779 § 16.903.1; Ord. No. 891 § I]
a.
Off-street parking spaces for the storage or parking of passenger
vehicles of occupants, employees and patrons of principal buildings
and structures hereafter erected or enlarged shall be provided and
kept available in private garages or parking areas in amounts not
less than specified herein.
b.
All minimum requirements for off-street parking and truck loading
spaces shall be met at the time of construction or enlargement of
any principal building or structure.
c.
No required parking area or off-street truck loading space shall
be encroached upon by buildings, storage or any other use.
d.
Nothing in this section shall prevent the repair, reconstruction
or rebuilding and continued use of a nonconforming structure, provided
the structure is not enlarged and the parking requirements are not
increased.
e.
Where more than one use exists on a lot, the required parking for
each use shall be calculated separately and the sum of all of the
required parking shall be provided.
f.
When the required number of parking spaces calculated as provided
herein results in the requirement of a fractional space, it shall
be construed as requiring a full space.
g.
Garage and parking decks in nonresidential zone districts shall meet the principal building setbacks required in said districts. Detached garages in residential zones shall meet the accessory building setbacks required in said districts. Garages shall be further subject to the regulations pertaining to accessory buildings prescribed in subsection 26-502.5b of this chapter.
h.
In all districts, required parking areas for residential uses shall
be on the same lot with the principal building. Required parking areas
for all other uses shall be on the same lot with the building or use
served.
i.
(Reserved)
[Ord. No. 779 § 16.903.2]
a.
Unless otherwise permitted by this chapter, off-street parking shall
be provided on a lot in accordance with the following schedule:
|
Principal Permitted Use
|
Off-Street Parking Requirements
(number of spaces)
|
|---|---|
|
Community residences and community shelters
|
1.0 per resident at maximum capacity
|
|
Single family dwellings
|
2.0 per dwelling unit
|
|
Auditorium, church or other place of worship, parish house,
Sunday school and church school, and other places of public or semi-public
assembly and club use
|
1.0 per each 3.0 seats of maximum capacity, with benches and
pews deemed to have a capacity of 1.0 person for each 22 inches in
length
|
|
Bank
|
4.0 per indoor teller window for uses with drive-up windows;
8.0 per teller window for uses without drive-up windows
|
|
Business, professional, administrative and other non-medical
office and studio
|
1.0 per 250 square feet of floor area
|
|
Principal Permitted Use
|
Off-Street Parking Requirements
(Number of Spaces)
|
|
Child Care Center
|
1.0 per each on duty staff person plus 1.0 visitor space per
each 10 children allowed by license in the center
|
|
Family Day Care Home
|
1.0 per each on duty staff person and 1.0 visitor space
|
|
Home occupation and home professional office
|
Requirement determined in accordance with appropriate use as
identified in this Section, or as determined by Approving Authority
|
|
Medical office
|
1.0 per each 200 square feet of floor area
|
|
Public and private schools
|
As determined by the Approving Authority
|
|
Other public, quasi-public and public utility uses
|
As determined by the Approving Authority
|
|
Restaurant
|
1.0 per each 60 square feet of floor area devoted to patron
use, or 1.0 per each 2.5 seats, inclusive of counter and waiting areas,
whichever is greater
|
|
Retail and personal service stores and shops
|
1.0 per each 200 square feet of floor area
|
[Ord. No. 779 § 16.903.3]
a.
Every nonresidential use which has a floor area of 7,500 square feet
or more devoted to such use shall be provided with off-street truck
loading spaces at the rear of the building in accordance with the
following schedule:
|
Square Feet of Floor Area Devoted to Such Use
|
Required Number of Off-Street Truck Loading Spaces
|
|---|---|
|
7,500 to 25,000
|
1
|
|
25,000 to 40,000
|
2
|
|
40,000 to 100,000
|
3
|
|
Each additional 60,000 or part thereof
|
1 additional
|
[Ord. No. 779 § 16.903.4]
a.
Minimum widths of access aisles shall be related to the angle of
parking stalls and use of one-way or two-way traffic as follows:
|
Parking Angle
|
Aisle Width
|
Traffic Direction
|
|---|---|---|
|
0° (parallel)
|
12 feet
|
One-way
|
|
0° (parallel)
|
18 feet
|
Two-way
|
|
30°
|
12 feet
|
One-way
|
|
45°
|
15 feet
|
One-way
|
|
60°
|
18 feet
|
One-way
|
|
90°
|
24 feet
|
Two-way
|
|
Where the angle of parking differs on the two sides of an aisle
the larger aisle width shall prevail.
|
b.
An off-street parking space shall provide a minimum width of nine
feet and a minimum length of 18 feet, measured perpendicular to the
width along the angle of parking, except that parallel off-street
parking spaces shall measure nine feet wide by 23 feet long.
c.
All parking areas shall be designed to permit each vehicle to enter
and exit all parking spaces without requiring the moving of any other
vehicles. Stacked or tandem parking is prohibited. No parking area
shall be designed to require a vehicle to back directly onto a public
street when leaving a stall.
d.
An off-street truck loading space shall have minimum width of 10
feet, a minimum length of 25 feet and a minimum clear height of 14
feet. The access from the street to the loading space shall also have
a minimum clear height of 14 feet.
e.
Driveways, parking areas and off-street truck loading spaces shall
be suitably paved, drained and lighted and appropriately planted and
fenced for the protection of adjacent properties in accordance with
all applicable provisions of this chapter. Such areas shall be arranged
for the safe, adequate and convenient ingress and egress of vehicles
and pedestrians. All such facilities shall be maintained in good condition
by the owner.
f.
Where a portion of the parking area is located on the ground level
underneath any floor of the building, that portion of the parking
area, excluding access driveways, which is underneath the building
shall be fully enclosed so that it is not visible from any street.
The walls used to enclose that portion of the parking area shall be
of similar material to match the rest of the principal building.
g.
All parking spaces shall be identified by the use of hairpin pavement
markings.
[Ord. No. 779 § 16.903.5]
a.
A 10 foot deep buffer area shall be maintained between any parking
or loading areas which abut a residential zone or abut an existing
residential use and the residential zone or use. The buffer strip
shall separate the above mentioned areas by means of a six foot high
fence of closely spaced wood materials, and/or the planting of a six
foot high living fence of appropriate spaced evergreen plantings to
create an effective screen. Fencing shall be located on the non-residential
perimeter of the 10 foot buffer strip in such a manner that planting
will be provided facing residential properties between the fence and
the property line. Unless otherwise permitted by the Approving Authority,
the buffer area shall be located on the nonresidential property.
b.
No driveway or parking area in any nonresidential district shall
be located closer than five feet to a side or rear property line of
an abutting residential zone or use.
[Ord. No. 779 § 16-903.6]
a.
Required parking areas and truck loading spaces shall have access
to a public street by a driveway on the same lot, which driveway(s)
shall have a minimum width of 24 feet, except that one way driveways
may provide a width of 15 feet.
b.
In any nonresidential district, no driveway shall be designed so
that nonresidential traffic passes a residential district to gain
access to the nonresidential use or passes through a residential district
to reach a collector or arterial street.
c.
Adequate driveway width and turning radii shall be provided on nonresidential
properties to insure adequate and safe passage of emergency vehicles.
[Ord. No. 779 § 16.903.7]
a.
The minimum compacted thickness of roadway material shall be as follows:
|
MINIMUM THICKNESS
| |||
|---|---|---|---|
|
Type of Street
|
Dense Graded Aggregate Base Course (inches)
|
Bituminous Stabilized Base Course Mix I-2
(inches)
|
Bituminous Concrete Surface Course Mix
I-5
(inches)
|
|
Parking Lots
|
4
|
2
|
1-1/2
|
|
Minor Roads
|
4
|
2
|
1-1/2
|
|
Major Roads
|
4
|
2
|
1-1/2
|
|
Arterial Roads
|
4
|
2
|
1-1/2
|
b.
When subgrade conditions are deemed unsuitable, underdrains shall
be installed when and where directed by the Borough Engineer.
c.
All off-street parking areas shall have adequate pavement markings
and/or signage to indicate traffic flow and parking spaces.
d.
All off-street parking and loading areas shall be provided with curbing
so that vehicles cannot be driven onto required perimeter landscaped
areas, buffer zones and street rights-of-way and so that each parking
and loading area has controlled entrances and exits and drainage control.
The requirements for vertical curbing specified in this section may
be waived in favor of flush curbing if deemed appropriate for drainage
purposes by the Borough Engineer.
[Ord. No. 779 § 16.903.8]
a.
Refuse and recycling storage areas shall be required of all nonresidential
uses. The areas shall be suitably dimensioned to accommodate all on-site
storage receptacles, and shall be designed to provide separate areas
for refuse and recyclable materials.
b.
Such refuse and recycling storage areas shall be located atop a concrete
pad and shall be surrounded by a six foot high fence of appropriate
materials.
c.
No refuse and recycling storage areas shall be permitted in a front
yard, nor shall any such storage area be permitted to obstruct access
to parking stalls, driveways or building entrances.
[Ord. No. 779 § 16.904.1]
a.
Landscaping shall be provided as part of all development applications
and shall be integrated into building arrangements, topography, parking,
buffering and other site features. Landscaping may include trees,
bushes, shrubs, ground cover, berms, flowers, sculpture, art and similar
materials, and shall be designed to provide aesthetic, buffering,
climatological, environmental, ornamental, and other similar functions.
All landscaping plans shall be prepared by a landscape architect as
per site plan rule N.J.S.A. 13:40-7.3(i) or other individual deemed
suitably qualified by the Approving Authority.
b.
Street trees shall be provided in all developments at intervals of
not more than 50 feet. The trees shall be planted along both sides
of streets where appropriate and shall be of types, sizes and locations
conducive to healthy growth. All street trees shall be planted two
feet outside of the street right-of-way.
c.
In addition to street trees, other tree plantings may be required
on all sites by the Approving Authority.
d.
Shade trees shall meet all of the following requirements:
1.
All trees shall provide a two to two and one-half (2-1/2) inch caliper
as measured four feet above the ground.
2.
All trees must be grown in certified nurseries, have straight trunks,
and be properly staked.
3.
All trees shall be balled and burlapped, well-branched and with a
good root system. Backfill shall consist of 50% humus for each tree,
and each tree shall be thoroughly watered and properly pruned at the
time of planting.
e.
The Approving Authority may allow a credit for existing trees against
the street tree planting requirement of this chapter.
f.
The planting of shrubbery, bushes, flowers and similar plantings
shall be designed to serve decorative and ornamental functions as
well as screening and buffering. Junipers, yews and similar plants
shall be used largely for screening and buffering, while hollies,
rhododendron, azaleas, barberries and similar plants shall be used
at highly visible locations such as front yards, building entrances,
pedestrian walkways and adjacent to ground signs. The use of flower
beds and planters shall be strongly encouraged.
g.
All parking areas providing at least 10 parking stalls shall provide
the following landscaping features:
1.
5% of the interior portion of the parking areas, excluding all perimeter
landscaping and required buffer areas, shall be landscaped, and no
more than 15 parking stalls shall exist in a continuous row without
a landscaping break.
2.
In addition to the street tree requirements of subsection 26-904.1b, parking lots shall provide one shade tree for each 10 parking stalls.
3.
The ends of all parking rows shall be separated from access aisles
by a landscaped island at least four feet in width.
4.
The use of tree diamonds shall be prohibited unless deemed necessary
by the Approving Authority.
5.
Evergreen and other appropriate plantings shall be required to separate
parking areas from public rights-of-way.
h.
Sidewalks shall be a maximum of four feet in width.
i.
All loading areas and storage areas for refuse and recycling shall
be landscaped in a manner that sufficiently screens the view of the
loading area and vehicles from any public right-of-way and residential
property. Landscaping in this instance may include berms, fencing,
walls or a combination thereof, or any other screening material required
by the Approving Authority or this chapter.
j.
All landscape plans shall provide a two year replacement guarantee
for all new plantings and all existing trees and other vegetation
disturbed by construction to be retained after construction. The plans
shall also note that all tree removal shall be performed in conformity
with the requirements of the Borough Tree Removal Ordinance.
k.
All landscape plans shall be subject to a post-development inspection
by the Board Engineer.
l.
The Approving Authority may reserve the right to impose alternative
landscaping requirements after due consideration of the size and type
of proposed development, the extent of existing vegetation to be removed
during construction, and the nature of surrounding land uses.
[Ord. No. 779 § 16.904.2]
a.
Natural features such as trees, views, natural terrain and water
bodies shall be preserved whenever possible in any development. The
Approving Authority may, at its discretion, reduce the landscaping
requirements of this chapter to reflect existing trees and other vegetation
retained as part of any site development.
b.
Natural fertility of the soil shall be preserved and on-site soil
shall be disturbed as little as possible. Top soil moved during the
course of construction shall be redistributed evenly over the tract
after construction is completed, with the areas then stabilized by
approved seeding, sodding and plantings.
c.
During the design, planning and construction of any development,
a conscious effort shall be made to preserve existing vegetation on
the site. The Approving Authority may, at its discretion, require
special vegetation protection techniques, including snow fencing,
to minimize site disturbance during construction. The Approving Authority
shall reserve the right to require the transplanting of unique or
extraordinary trees that would otherwise be destroyed by site development.
[Ord. No. 779 § 16.905]
a.
Street lighting shall be of a style and number specified by the Approving
Authority and may be required at all roadway intersections, cul-de-sacs
and elsewhere as deemed necessary for safety reasons. The costs of
all equipment and installation of the street lights shall be borne
by the developer.
b.
All parking areas, driveways, walkways, building entrances, loading
areas and similar locations serving nonresidential uses shall be adequately
illuminated for safety and security purposes. The lighting of intersections,
driveways and similar locations shall provide an average illumination
of 0.6 foot-candles, while all parking areas shall provide an average
illumination of 0.4 foot-candles. Illumination levels of other areas
to be lighted shall be determined by the Approving Authority after
due consideration of the subject application.
c.
All outdoor lighting shall be arranged and shielded to minimize undesirable
lighting impacts such as glare, driver distraction, unnecessary illumination
and nightglow. Automatic shut-off or dimming devices shall be required
for all light fixtures after 10:00 p.m., or 1/2 hour after the closing
of any nonresidential use, whichever is later. Lighting serving residential
uses shall be permitted throughout the night.
d.
Where appropriate, wall-mounted light fixtures shall be preferred
over pole-mounted fixtures, provided the required illumination levels
can be met. When pole-mounted fixtures are required within parking
areas, the poles shall be located within landscaped islands; no such
pole shall be permitted to be located directly within a parking lot.
e.
No light fixture shall provide a mounting height in excess of 18
feet, or the height of the principal building, whichever is less.
f.
The fixture style of any lighting shall be subject to the approval
of the Approving Authority.
g.
All lighting plans shall be subject to a post-development lighting
inspection by the Planning Board Engineer.
h.
The Approving Authority may reserve the right to impose alternative
lighting requirements after due consideration of the size and type
of the proposed development; the location and intensity of nearby
street lighting, and the nature of surrounding land uses.
[Ord. No. 779 § 16.906]
a.
Insofar as practical, lots shall be rectangular. Insofar as possible,
side lot lines shall be either at right angles or radial to street
lines.
b.
All lots shall be suitable for their intended use. Where the suitability
of a lot for its intended use is in question due to locational, environmental
or other planning characteristics, the Approving Authority may withhold
approval of said lot or lots.
c.
Each lot must front on an approved street.
d.
Concrete monuments shall be located and installed in accordance with
Borough requirements and the New Jersey Map Filing Act.
e.
No application for development requiring the vacation of a street
or the acquisition of public lands shall be made before an Approving
Authority until the vacation or acquisition has been agreed to by
the Borough.
[Ord. No. 779 § 16.907]
26.907.1 Relation to Natural Features.
All new structures and additions and renovations to existing
structures should relate harmoniously to the natural features of the
site, to existing buildings and to other substantial structures in
the vicinity that have a visual relationship to the aforesaid structure
or structures. In particular areas, building height and orientation
may have to be adjusted in order to maintain such relationships or
to preserve visual access to community focal points, either natural
or man-made.
[Ord. No. 779 § 16.907]
Appearance of the side and rear elevations of structures should
receive architectural treatments comparable to that of any proposed
front facade if parking or public access routes are provided next
to the buildings. .
[Ord. No. 779 § 16.907]
New construction should respect the existing street pattern
to preserve the adjacent streetscape and reinforce it where possible
and appropriate. .
[Ord. No. 779 § 16.907]
A human scale should be achieved at ground level and along street
frontages and entryways through the use of such scale elements as
windows, doors, columns, plazas, awnings and canopies. .
Multi-tenant structures should provide substantially uniform
store fronts, doorways, windows, awnings and other design features
for all ground floor tenants. Upper floors of the structures should
be coordinated with the ground floor through common materials and
colors.
[Ord. No. 779 § 16.907]
Fire escapes shall be prohibited on the principal facade(s)
of a building. .
[Ord. No. 779 § 16.907]
Exterior neon lights and lighting generating glare and unnecessary
nightglow impacts shall be prohibited.
[Ord. No. 779 § 16.908.1]
a.
All developments 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 and shall meet Borough specifications
and standards.
b.
The arrangement of new streets constructed or to be constructed in
subdivisions shall be such as to provide for the logical extension
of any existing or mapped streets.
c.
No development showing reserve strips controlling access to another
area, either developed or undeveloped, shall be approved except where
the control and disposal of land comprising such strips has been given
to the Governing Body after recommendation by the Approving Authority.
d.
Developments that adjoin or include existing streets that do not
conform to the widths shown on the Master Plan or Official Map or
to the street width requirements of this chapter shall include the
dedication of the additional width along one or both sides of the
road. If the subdivision is along one side of the street only, 1/2
of the required extra width shall be dedicated.
e.
The right-of-way and pavement widths shall not be less than the following:
|
Right-of-Way
|
Pavement Width
| |
|---|---|---|
|
Arterial streets
|
80 feet
|
(determined individually)
|
|
Collector streets
|
60 feet
|
36 feet
|
|
Minor streets
|
50 feet
|
30 feet
|
f.
The right-of-way width for internal roads and alleys in nonresidential
developments shall be determined on an individual basis and shall
in all cases be of sufficient width and design to safely accommodate
the maximum traffic, parking and loading needs and provide maximum
access for fire fighting equipment.
g.
Street intersections shall be as nearly at right angles as is possible
and in no case shall be less than sixty (60°) degrees. No more
than two streets shall meet or intersect at any one point and the
centerlines of both intersecting streets shall pass through a common
point. Measuring from this common point, any two intersections shall
be spaced a minimum of 125 feet apart. The block corners at intersections
shall be rounded at the curb line with a curve having a radius of
not less than 20 feet. All intersections shall observe the sight triangle
requirements of this chapter.
h.
Where streets have reverse curves, a tangent of at least 100 feet
in length shall be required between the curves.
i.
Grades of arterial and collector streets shall not exceed 10%. No
street shall have a minimum grade of less than 1%.
j.
All changes in grade where the algebraic difference in grade is 1%
or greater shall be connected by vertical curves of sufficient length
to provide a smooth transition and proper sight distance, but not
so great as to create drainage problems.
k.
When connecting street center lines deflect from each other at any
point by more than ten (10°) degrees and not more than forty-five
(45°) degrees, they shall be connected by a curve with a radius
of not less than 100 feet.
l.
Where cul-de-sac streets are used, they shall be designed so that
proper drainage is provided. Permanent cul-de-sac streets shall be
no longer than 1,000 feet to the point of tangency. They shall provide
a turn-around at the end and the minimum right-of-way at the turn-around
shall be a radius of at least 50 feet and tangent whenever practicable
to the right side of the street.
m.
All driveways or other off-street parking areas shall have driveway
aprons extending from the curbline to the street side of the sidewalk,
where a sidewalk exists or is required. It shall meet the same construction
specifications as concrete sidewalks, with the exception of additional
reinforcing for vehicular traffic across the sidewalk area and driveway
apron. Driveways that intercept the sidewalk area shall be contained
by concrete curbing along the entrance between the curbline and street
right-of-way line. Continuous open driveways at the curbline shall
not be wider than the width of the onsite driveway aisle plus the
tangents of the curb returns at the curbline.
In addition, handicap curb ramps shall be provided for the pedestrian crosswalks across the driveway. Paving of such a driveway shall be in accordance with the paving specifications of subsection 26-903.7.
n.
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.
o.
The length, width or acreage of blocks shall be determined with due
regard to the limitations and opportunities of topography and shall
be sufficient to allow all of the area, yard and parking requirements
for the uses permitted and regulated in this chapter to be met, as
well as providing for convenient access, circulation control and safety
of street traffic.
p.
Where extra width has been dedicated for the widening of existing
streets, lots shall begin at such new line and all setbacks shall
be measured from such new line.
q.
Where the property to be subdivided is next to or includes a railroad
right-of-way, suitable provisions shall be made for considerations
such as road crossings, screening, buffers, freight access, warning
signals and signs in recognition of the relationship between the railroad
and the subdivision.
[Ord. No. 779 § 16.908.2]
a.
Street name signs meeting Borough specifications as to size, material
and location shall be installed at the intersections of all streets
and at appropriate curves on curvilinear and similar streets.
b.
Where traffic control signs are deemed necessary by the Approving
Authority for Borough, County or State roads, the proper Borough,
County or State official shall be so informed in order that the proper
agency may evaluate the necessity of the installation at its own expense.
c.
All street name and traffic control signs shall be installed free
of visual obstruction.
[Ord. No. 779 § 16.908.3]
a.
Curbing and gutters shall be required along all streets adjacent
to or within a development.
b.
The minimum standards regarding the width of gutters, height of curbing,
base material, surface material, slope, depth of gutters crossing
intersections, and the installation of catch basins, shall be according
to the requirements of the Borough, the Borough Engineer and, in the
case of County roads or State highways, the proper County or State
official.
c.
Curbs and gutters shall be adequate to handle the maximum water run-off
from tributary lands.
[Ord. No. 779 § 16.908.4]
[Ord. No. 779 § 16.909]
a.
Sight triangles shall be required at each quadrant of an intersection
of streets, and streets and driveways except in the D Business Zone.
b.
The area within sight triangles shall be either dedicated as part
of the street right-of-way, or maintained as part of the street right-of-way,
or maintained as part of the lot adjoining the street and set aside
on any subdivision or site plan as a sight triangle easement.
c.
Within a sight triangle, no grading, planting or structure shall
be erected or maintained more than 24 inches above the center-line
grade of either intersecting street or driveway or lower than 10 feet
above their center lines, including utility poles but excluding street
name signs and official traffic regulations signs. Where any street
or driveway intersection involves earth banks or vegetation, including
trees, the developer shall trim such vegetation and trees, as well
as establish proper excavation and grading to provide the sight triangle.
d.
The sight triangle is that area bounded by the intersecting street
lines and a straight line which connects sight points located on each
of the two intersecting street lines the following distances away
from the intersecting street lines: arterial streets at 130 feet;
collector streets at 60 feet; and minor streets at 35 feet. Where
the intersecting streets are both arterial, both collectors, or one
arterial and one collector, two overlapping sight triangles shall
be required, formed by connecting the sight points noted above with
a sight point 35 feet on the intersecting street.
e.
Any proposed development requiring site plan approval shall provide
appropriate sight triangle easements at each driveway.
f.
The classification of existing and proposed streets shall be those
shown on the adopted Master Plan or as designated by the Planning
Board at the time of the application for approval for a new street
not included on the Master Plan. A sight triangle easement dedication
shall be expressed on the plat as follows: "Sight triangle easement
subject to grading, planting and construction restrictions as provided
for in the Land Use Ordinance of the Borough of Haworth." Portions
of a lot set aside for the sight triangle may be calculated in determining
the lot area and may be included in establishing the minimum setbacks
required by the zoning provisions of this chapter.
[Ord. No. 779 § 16.910]
All public utilities services shall be connected to an approved
public utilities system. The developer shall arrange with the servicing
utility for the underground installation of the utility's distribution
supply lines and service connections in accordance with the provisions
of the applicable Standard Terms and Conditions incorporated as a
part of its tariff as the same are then on file with the State of
New Jersey Board of Regulatory Commissioners (BRC), provided, however,
that lots which abut existing streets where overhead electric or telephone
distribution supply lines and service connections have heretofore
been installed may be supplied with electric and telephone service
from those overhead lines, but any new service connections from the
utilities' overhead lines shall be installed underground. In the case
of existing overhead utilities, should a road widening or an extension
of service or other such condition occur as a result of the development
and necessitate the replacement or relocation of such utilities, such
replacement or relocation shall be underground. Any installation to
be performed by a servicing utility shall not be exempt from any provisions
of this chapter requiring performance guarantees and inspection and
certification by the Borough Engineer.
[Added 2-23-2021 by Ord.
No. 21-01]
a.
Policy Statement. Flood control, groundwater recharge, and pollutant
reduction shall be achieved through the use of stormwater management
measures, including green infrastructure Best Management Practices
(GI BMPs) and nonstructural stormwater management strategies. GI BMPs
and low-impact development (LID) should be utilized to meet the goal
of maintaining natural hydrology to reduce stormwater runoff volume,
reduce erosion, encourage infiltration and groundwater recharge, and
reduce pollution. GI BMPs and LID should be developed based upon physical
site conditions and the origin, nature and the anticipated quantity,
or amount, of potential pollutants. Multiple stormwater management
BMPs may be necessary to achieve the established performance standards
for water quality, quantity, and groundwater recharge.
b.
Purpose. The purpose of this section is to establish minimum stormwater management requirements and controls for "major development," as defined below in § 26-911.2.
c.
d.
Compatibility with Other Permit and Ordinance Requirements. Development
approvals issued pursuant to this section are to be considered an
integral part of development approvals and do not relieve the applicant
of the responsibility to secure required permits or approvals for
activities regulated by any other applicable code, rule, act, or ordinance.
In their interpretation and application, the provisions of this section
shall be held to be the minimum requirements for the promotion of
the public health, safety, and general welfare. This section is not
intended to interfere with, abrogate, or annul any other ordinances,
rule or regulation, statute, or other provision of law except that,
where any provision of this section imposes restrictions different
from those imposed by any other ordinance, rule or regulation, or
other provision of law, the more restrictive provisions or higher
standards shall control.
[Added 2-23-2021 by Ord.
No. 21-01]
For the purpose of this section, the following terms, phrases,
words and their derivations shall have the meanings stated herein
unless their use in the text of this section clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory. The definitions below are the same as or
based on the corresponding definitions in the Stormwater Management
Rules at N.J.A.C. 7:8-1.2.
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 August 1, 2020; or
A combination of Subsection a2 and 3 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 a1, 2, 3 or 4 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 § 26-911.4f 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 BMP may either be
normally dry (that is, a detention basin or infiltration system),
retain water in a permanent pool (a retention basin), or be planted
mainly with wetland vegetation (most constructed stormwater wetlands).
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,
water 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."
[Added 2-23-2021 by Ord.
No. 21-01]
a.
Stormwater management measures for major development shall be designed
to provide erosion control, groundwater recharge, stormwater runoff
quantity control, and stormwater runoff quality treatment as follows:
1.
The minimum standards for erosion control are those established under
the Soil and Sediment Control Act, N.J.S.A. 4:24-39 et seq., and implementing
rules at N.J.A.C. 2:90.
2.
The minimum standards for groundwater recharge, stormwater quality,
and stormwater runoff quantity shall be met by incorporating green
infrastructure.
b.
The standards in this section apply only to new major development
and are intended to minimize the impact of stormwater runoff on water
quality and water quantity in receiving water bodies and maintain
groundwater recharge. The standards do not apply to new major development
to the extent that alternative design and performance standards are
applicable under a regional stormwater management plan or water quality
management plan adopted in accordance with Department rules.
[Added 2-23-2021 by Ord.
No. 21-01]
a.
The development shall incorporate a maintenance plan for the stormwater management measures incorporated into the design of a major development in accordance with § 26-911.10.
b.
Stormwater management measures shall avoid adverse impacts of concentrated
flow on habitat for threatened and endangered species as documented
in the Department's Landscape Project or Natural Heritage Database
established under N.J.S.A. 13:1B-15.147 through 13:1B-15.150, particularly
Helonias bullata (swamp pink) and/or Clemmys muhlenbergii (bog turtle).
c.
The following linear development projects are exempt from the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity requirements of § 26-911.4p, q and r:
1.
The construction of an underground utility line, provided that the
disturbed areas are revegetated upon completion;
2.
The construction of an aboveground utility line, provided that the
existing conditions are maintained to the maximum extent practicable;
and
3.
The construction of a public pedestrian access, such as a sidewalk
or trail with a maximum width of 14 feet, provided that the access
is made of permeable material.
d.
A waiver from strict compliance from the green infrastructure, groundwater recharge, stormwater runoff quality, and stormwater runoff quantity requirements of § 26-911.4o, p, q and r may be obtained for the enlargement of an existing public roadway or railroad; or the construction or enlargement of a public pedestrian access, provided that the following conditions are met:
1.
The applicant demonstrates that there is a public need for the project
that cannot be accomplished by any other means;
4.
The applicant demonstrates that it does not own or have other rights to areas, including the potential to obtain through condemnation lands not falling under § 26-911.4d3 above within the upstream drainage area of the receiving stream, that would provide additional opportunities to mitigate the requirements of § 26-911.4o, p, q and r that were not achievable onsite.
e.
Tables 1 through 3 below summarize the ability of stormwater best management practices identified and described in the New Jersey Stormwater Best Management Practices Manual to satisfy the green infrastructure, groundwater recharge, stormwater runoff quality and stormwater runoff quantity standards specified in § 26-911.4o, p, q and r. When designed in accordance with the most current version of the New Jersey Stormwater Best Management Practices Manual, the stormwater management measures found at N.J.A.C. 7:8-5.2(f), Tables 5-1, 5-2 and 5-3, and listed below in Tables 1, 2 and 3, are presumed to be capable of providing stormwater controls for the design and performance standards as outlined in the tables below. Upon amendments of the New Jersey stormwater best management practices to reflect additions or deletions of BMPs meeting these standards, or changes in the presumed performance of BMPs designed in accordance with the New Jersey Stormwater BMP Manual, the Department shall publish in the New Jersey Registers a notice of administrative change revising the applicable table. The most current version of the BMP Manual can be found on the Department's website at https://njstormwater.org/bmp_manual2.htm.
f.
Where the BMP tables in the NJ Stormwater Management Rule are different
due to updates or amendments with the tables in this section the BMP
tables in the Stormwater Management Rule at N.J.A.C. 7:8-5.2(f) shall
take precedence.
|
Table 1
| ||||
|---|---|---|---|---|
|
Green Infrastructure BMPs for Groundwater Recharge, Stormwater
Runoff Quality, and/or Stormwater Runoff Quantity
| ||||
|
Best Management Practice
|
Stormwater Runoff Quality TSS Removal Rate
|
Stormwater Runoff Quantity
|
Groundwater Recharge
|
Minimum Separation from Seasonal High-Water Table
(feet)
|
|
Cistern
|
0%
|
Yes
|
No
|
—
|
|
Dry well(a)
|
0%
|
No
|
Yes
|
2
|
|
Grass swale
|
50% or less
|
No
|
No
|
2(e)
1(f)
|
|
Green roof
|
0%
|
Yes
|
No
|
—
|
|
Manufactured treatment device(a)(g)
|
50% or 80%
|
No
|
No
|
Dependent upon the device
|
|
Pervious paving system(a)
|
80%
|
Yes
|
Yes(b)
No(c)
|
2(b)
1(c)
|
|
Small-scale bioretention basin(a)
|
80% or 90%
|
Yes
|
Yes(b)
No(c)
|
2(b)
1(c)
|
|
Small-scale infiltration basin(a)
|
80%
|
Yes
|
Yes
|
2
|
|
Small-scale sand filter
|
80%
|
Yes
|
Yes
|
2
|
|
Vegetative filter strip
|
60% to 80%
|
No
|
No
|
—
|
|
(Notes corresponding to annotations (a) through (g) are found with 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
|
80%
|
Yes
|
Yes
|
2
|
|
Sand filter(b)
|
80%
|
Yes
|
Yes
|
2
|
|
Standard constructed wetland
|
90%
|
Yes
|
No
|
N/A
|
|
Wet pond(d)
|
50% to 90%
|
Yes
|
No
|
N/A
|
|
(Notes corresponding to annotations (b) through (d) are found with 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 § 26-911.4o2;
|
|
(b)
|
Designed to infiltrate into the subsoil;
|
|
(c)
|
Designed with underdrains;
|
|
(d)
|
Designed to maintain at least a ten-foot-wide area of native
vegetation along at least 50% of the shoreline and to include a stormwater
runoff retention component designed to capture stormwater runoff for
beneficial reuse, such as irrigation;
|
|
(e)
|
Designed with a slope of less than 2%;
|
|
(f)
|
Designed with a slope of equal to or greater than 2%;
|
|
(g)
|
Manufactured treatment devices that meet the definition of "green infrastructure" at § 26-911.2;
|
|
(h)
|
Manufactured treatment devices that do not meet the definition of "green infrastructure" at § 26-911.2.
|
g.
An alternative stormwater management measure, alternative removal rate, and/or alternative method to calculate the removal rate may be used if the design engineer demonstrates the capability of the proposed alternative stormwater management measure and/or the validity of the alternative rate or method to the municipality. A copy of any approved alternative stormwater management measure, alternative removal rate, and/or alternative method to calculate the removal rate shall be provided to the Department in accordance with § 26-911.6b. Alternative stormwater management measures may be used to satisfy the requirements at § 26-911.6o only if the measures meet the definition of "green infrastructure" at § 26-911.2. Alternative stormwater management measures that function in a similar manner to a BMP listed at Subsection o2 are subject to the contributory drainage area limitation specified at Subsection o2 for that similarly functioning BMP. Alternative stormwater management measures approved in accordance with this subsection that do not function in a similar manner to any BMP listed at Subsection o2 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 § 26-911.5d is granted from § 26-911.4o.
h.
Whenever the stormwater management design includes one or more BMPs
that will infiltrate stormwater into subsoil, the design engineer
shall assess the hydraulic impact on the groundwater table and design
the site, so as to avoid adverse hydraulic impacts. Potential adverse
hydraulic impacts include, but are not limited to, exacerbating a
naturally or seasonally high-water table, so as to cause surficial
ponding, flooding of basements, or interference with the proper operation
of subsurface sewage disposal systems or other subsurface structures
within the zone of influence of the groundwater mound, or interference
with the proper functioning of the stormwater management measure itself.
i.
Design standards for stormwater management measures are as follows:
1.
Stormwater management measures shall be designed to take into account
the existing site conditions, including, but not limited to, environmentally
critical areas; wetlands; flood-prone areas; slopes; depth to seasonal
high-water table; soil type, permeability, and texture; drainage area
and drainage patterns; and the presence of solution-prone carbonate
rocks (limestone);
2.
Stormwater management measures shall be designed to minimize maintenance, facilitate maintenance and repairs, and ensure proper functioning. Trash racks shall be installed at the intake to the outlet structure, as appropriate, and shall have parallel bars with one-inch spacing between the bars to the elevation of the water quality design storm. For elevations higher than the water quality design storm, the parallel bars at the outlet structure shall be spaced no greater than 1/3 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 § 26-911.8c;
3.
Stormwater management measures shall be designed, constructed, and
installed to be strong, durable, and corrosion resistant. Measures
that are consistent with the relevant portions of the Residential
Site Improvement Standards at N.J.A.C. 5:21-7.3, 5:21-7.4, and 5:21-7.5
shall be deemed to meet this requirement;
4.
Stormwater management BMPs shall be designed to meet the minimum safety standards for stormwater management BMPs at § 26-911.8; and
5.
The size of the orifice at the intake to the outlet from the stormwater
management BMP shall be a minimum of 2 1/2 inches in diameter.
j.
Manufactured treatment devices may be used to meet the requirements of this 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 § 26-911.2 may be used only under the circumstances described at § 26-911.4o4.
k.
Any application for a new agricultural development that meets the definition of "major development" at § 26-911.2 shall be submitted to the Soil Conservation District for review and approval in accordance with the requirements at § 26-911.4o, p, q and r and any applicable Soil Conservation District guidelines for stormwater runoff quantity and erosion control. For purposes of this subsection, "agricultural development" means land uses normally associated with the production of food, fiber, and livestock for sale. Such uses do not include the development of land for the processing or sale of food and the manufacture of agriculturally related products.
l.
If there is more than one drainage area, the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at § 26-911.4p, q and r shall be met in each drainage area, unless the runoff from the drainage areas converge onsite and no adverse environmental impact would occur as a result of compliance with any one or more of the individual standards being determined utilizing a weighted average of the results achieved for that individual standard across the affected drainage areas.
m.
Any stormwater management measure authorized under the municipal stormwater management plan or ordinance shall be reflected in a deed notice recorded in the office of the Bergen 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 § 26-911.4o, p, q and r and shall identify the location of the stormwater management measure(s) in NAD 1983 State Plane New Jersey FIPS 2900 US feet or latitude and longitude in decimal degrees. The deed notice shall also reference the maintenance plan required to be recorded upon the deed pursuant to § 26-911.10b5. Prior to the commencement of construction, proof that the above required deed notice has been filed shall be submitted to the municipality. Proof that the required information has been recorded on the deed shall be in the form of either a copy of the complete recorded document or a receipt from the Clerk or other proof of recordation provided by the recording office. However, if the initial proof provided to the municipality is not a copy of the complete recorded document, a copy of the complete recorded document shall be provided to the municipality within 180 calendar days of the authorization granted by the municipality.
n.
A stormwater management measure approved under the municipal stormwater management plan or ordinance may be altered or replaced with the approval of the municipality, if the municipality determines that the proposed alteration or replacement meets the design and performance standards pursuant to § 26-911.4 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 Bergen 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 M above. Prior to the commencement of construction, proof that the above required deed notice has been filed shall be submitted to the municipality in accordance with Subsection M above.
o.
Green Infrastructure Standards.
1.
This subsection specifies the types of green infrastructure BMPs
that may be used to satisfy the groundwater recharge, stormwater runoff
quality, and stormwater runoff quantity standards.
2.
To satisfy the groundwater recharge and stormwater runoff quality standards at § 26-911.4p and q, the design engineer shall utilize green infrastructure BMPs identified in Table 1 at § 26-911.4f, and/or an alternative stormwater management measure approved in accordance with § 26-911.4g. 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
|
4.
If a variance in accordance with N.J.A.C. 7:8-4.6 or a waiver from strict compliance in accordance with § 26-911.4d is granted from the requirements of this subsection, then BMPs from Table 1, 2, or 3, and/or an alternative stormwater management measure approved in accordance with § 26-911.4g, may be used to meet the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at § 26-911.4p, q and r.
5.
For separate or combined storm sewer improvement projects, such as sewer separation, undertaken by a government agency or public utility (for example, a sewerage company), the requirements of this subsection shall only apply to areas owned in fee simple by the government agency or utility, and areas within a right-of-way or easement held or controlled by the government agency or utility; the entity shall not be required to obtain additional property or property rights to fully satisfy the requirements of this subsection. Regardless of the amount of area of a separate or combined storm sewer improvement project subject to the green infrastructure requirements of this subsection, each project shall fully comply with the applicable groundwater recharge, stormwater runoff quality control, and stormwater runoff quantity standards at § 26-911.4p, q and r, unless the project is granted a waiver from strict compliance in accordance with § 26-911.4d.
p.
Groundwater Recharge Standards.
1.
This subsection contains the minimum design and performance standards
for groundwater recharge as follows.
2.
The design engineer shall, using the assumptions and factors for stormwater runoff and groundwater recharge calculations at § 26-911.5, either:
(a)
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
(b)
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.
3.
This groundwater recharge requirement does not apply to projects within the urban redevelopment area, or to projects subject to Subsection p4 below.
4.
The following types of stormwater shall not be recharged:
(a)
Stormwater from areas of high pollutant loading. High pollutant
loading areas are areas in industrial and commercial developments
where solvents and/or petroleum products are loaded/unloaded, stored,
or applied, areas where pesticides are loaded/unloaded or stored;
areas where hazardous materials are expected to be present in greater
than "reportable quantities" as defined by the United States Environmental
Protection Agency (EPA) at 40 CFR 302.4; areas where recharge would
be inconsistent with a Department-approved remedial action work plan
or landfill closure plan and areas with high risks for spills of toxic
materials, such as gas stations and vehicle maintenance facilities;
and
(b)
Industrial stormwater exposed to source material. "Source material"
means any material(s) or machinery, located at an industrial facility,
that is directly or indirectly related to process, manufacturing or
other industrial activities, which could be a source of pollutants
in any industrial stormwater discharge to groundwater. Source materials
include, but are not limited to, raw materials; intermediate products;
final products; waste materials; by-products; industrial machinery
and fuels, and lubricants, solvents, and detergents that are related
to process, manufacturing, or other industrial activities that are
exposed to stormwater.
q.
Stormwater Runoff Quality Standards.
1.
This subsection contains the minimum design and performance standards
to control stormwater runoff quality impacts of major development.
Stormwater runoff quality standards are applicable when the major
development results in an increase of 1/4 acre or more of regulated
motor vehicle surface.
2.
Stormwater management measures shall be designed to reduce the post-construction
load of total suspended solids (TSS) in stormwater runoff generated
from the water quality design storm as follows:
(a)
Eighty percent TSS removal of the anticipated load, expressed
as an annual average shall be achieved for the stormwater runoff from
the net increase of motor vehicle surface.
(b)
If the surface is considered regulated motor vehicle surface
because the water quality treatment for an area of motor vehicle surface
that is currently receiving water quality treatment either by vegetation
or soil, by an existing stormwater management measure, or by treatment
at a wastewater treatment plant is to be modified or removed, the
project shall maintain or increase the existing TSS removal of the
anticipated load expressed as an annual average.
3.
The requirement to reduce TSS does not apply to any stormwater runoff in a discharge regulated under a numeric effluent limitation for TSS imposed under the New Jersey Pollutant Discharge Elimination System (NJPDES) rules, N.J.A.C. 7:14A, or in a discharge specifically exempt under a NJPDES permit from this requirement. Every major development, including any that discharge into a combined sewer system, shall comply with Subsection q2 above, unless the major development is itself subject to a NJPDES permit with a numeric effluent limitation for TSS or the NJPDES permit to which the major development is subject exempts the development from a numeric effluent limitation for TSS.
4.
The water quality design storm is 1.25 inches of rainfall in two
hours. Water quality calculations shall take into account the distribution
of rain from the water quality design storm, as reflected in Table
4, below. The calculation of the volume of runoff may take into account
the implementation of stormwater management measures.
|
Table 4
| |||||
|---|---|---|---|---|---|
|
Water Quality Design Storm Distribution
| |||||
|
Time
(minutes)
|
Cumulative Rainfall
(inches)
|
Time
(minutes)
|
Cumulative Rainfall
(inches)
|
Time
(minutes)
|
Cumulative Rainfall
(inches)
|
|
1
|
0.00166
|
41
|
0.1728
|
81
|
1.0906
|
|
2
|
0.00332
|
42
|
0.1796
|
82
|
1.0972
|
|
3
|
0.00498
|
43
|
0.1864
|
83
|
1.1038
|
|
4
|
0.00664
|
44
|
0.1932
|
84
|
1.1104
|
|
5
|
0.00830
|
45
|
0.2000
|
85
|
1.1170
|
|
6
|
0.00996
|
46
|
0.2117
|
86
|
1.1236
|
|
7
|
0.01162
|
47
|
0.2233
|
87
|
1.1302
|
|
8
|
0.01328
|
48
|
0.2350
|
88
|
1.1368
|
|
9
|
0.01494
|
49
|
0.2466
|
89
|
1.1434
|
|
10
|
0.01660
|
50
|
0.2583
|
90
|
1.1500
|
|
11
|
0.01828
|
51
|
0.2783
|
91
|
1.1550
|
|
12
|
0.01996
|
52
|
0.2983
|
92
|
1.1600
|
|
13
|
0.02164
|
53
|
0.3183
|
93
|
1.1650
|
|
14
|
0.02332
|
54
|
0.3383
|
94
|
1.1700
|
|
15
|
0.02500
|
55
|
0.3583
|
95
|
1.1750
|
|
16
|
0.03000
|
56
|
0.4116
|
96
|
1.1800
|
|
17
|
0.03500
|
57
|
0.4650
|
97
|
1.1850
|
|
18
|
0.04000
|
58
|
0.5183
|
98
|
1.1900
|
|
19
|
0.04500
|
59
|
0.5717
|
99
|
1.1950
|
|
20
|
0.05000
|
60
|
0.6250
|
100
|
1.2000
|
|
21
|
0.05500
|
61
|
0.6783
|
101
|
1.2050
|
|
22
|
0.06000
|
62
|
0.7317
|
102
|
1.2100
|
|
23
|
0.06500
|
63
|
0.7850
|
103
|
1.2150
|
|
24
|
0.07000
|
64
|
0.8384
|
104
|
1.2200
|
|
25
|
0.07500
|
65
|
0.8917
|
105
|
1.2250
|
|
26
|
0.08000
|
66
|
0.9117
|
106
|
1.2267
|
|
27
|
0.08500
|
67
|
0.9317
|
107
|
1.2284
|
|
28
|
0.09000
|
68
|
0.9517
|
108
|
1.2300
|
|
29
|
0.09500
|
69
|
0.9717
|
109
|
1.2317
|
|
30
|
0.10000
|
70
|
0.9917
|
110
|
1.2334
|
|
31
|
0.10660
|
71
|
1,0034
|
111
|
1.2351
|
|
32
|
0.11320
|
72
|
1,0150
|
112
|
1.2367
|
|
33
|
0.11980
|
73
|
1.0267
|
113
|
1.2384
|
|
34
|
0.12640
|
74
|
1.0383
|
114
|
1.2400
|
|
35
|
0.13300
|
75
|
1.0500
|
115
|
1.2417
|
|
36
|
0.13960
|
76
|
1.0568
|
116
|
1.2434
|
|
37
|
0.14620
|
77
|
1.0636
|
117
|
1.2450
|
|
38
|
0.15280
|
78
|
1.0704
|
118
|
1.2467
|
|
39
|
0.15940
|
79
|
1.0772
|
119
|
1.2483
|
|
40
|
0.16600
|
80
|
1.0840
|
120
|
1.2500
|
5.
If more than one BMP in series is necessary to achieve the required
80% TSS reduction for a site, the applicant shall utilize the following
formula to calculate TSS reduction:
|
R = A + B - (A x B)/100
|
|
Where:
| ||
|
R
|
=
|
total TSS percent load removal from application of both BMPs.
|
|
A
|
=
|
the TSS percent removal rate applicable to the first BMP.
|
|
B
|
=
|
the TSS percent removal rate applicable to the second BMP.
|
6.
Stormwater management measures shall also be designed to reduce, to the maximum extent feasible, the post-construction nutrient load of the anticipated load from the developed site in stormwater runoff generated from the water quality design storm. In achieving reduction of nutrients to the maximum extent feasible, the design of the site shall include green infrastructure BMPs that optimize nutrient removal while still achieving the performance standards in § 26-911.4p, q and r.
7.
In accordance with the definition of "FW1" at N.J.A.C. 7:9B-1.4,
stormwater management measures shall be designed to prevent any increase
in stormwater runoff to waters classified as "FW1."
8.
The Flood Hazard Area Control Act Rules at N.J.A.C. 7:13-4.1(c)1
establish 300-foot riparian zones along Category One waters, as designated
in the Surface Water Quality Standards at N.J.A.C. 7:9B, and certain
upstream tributaries to Category One waters. A person shall not undertake
a major development that is located within or discharges into a 300-foot
riparian zone without prior authorization from the Department under
N.J.A.C. 7:13.
9.
Pursuant to the Flood Hazard Area Control Act Rules at N.J.A.C. 7:13-11.2(j)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.
10.
This stormwater runoff quality standards do not apply to the
construction of one individual single-family dwelling, provided that
it is not part of a larger development or subdivision that has received
preliminary or final site plan approval prior to December 3, 2018,
and that the motor vehicle surfaces are made of permeable material(s)
such as gravel, dirt, and/or shells.
r.
Stormwater Runoff Quantity Standards.
1.
This subsection contains the minimum design and performance standards
to control stormwater runoff quantity impacts of major development.
2.
In order to control stormwater runoff quantity impacts, the design engineer shall, using the assumptions and factors for stormwater runoff calculations at § 26-911.5, complete one of the following:
(a)
Demonstrate through hydrologic and hydraulic analysis that for
stormwater leaving the site, post-construction runoff hydrographs
for the two-, ten-, and 100-year storm events do not exceed, at any
point in time, the preconstruction runoff hydrographs for the same
storm events;
(b)
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;
(c)
Design stormwater management measures so that the post-construction
peak runoff rates for the two-, ten- and 100-year storm events are
50%, 75% and 80% respectively, of the 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
(d)
In tidal flood hazard areas, stormwater runoff quantity analysis in accordance with Subsection 2(a), (b) and (c) above is required unless the design engineer demonstrates through hydrologic and hydraulic analysis that the increased volume, change in timing, or increased rate of the stormwater runoff, or any combination of the three will not result in additional flood damage below the point of discharge of the major development. No analysis is required if the stormwater is discharged directly into any ocean, bay, inlet, or the reach of any watercourse between its confluence with an ocean, bay, or inlet and downstream of the first water control structure.
3.
The stormwater runoff quantity standards shall be applied at the
site's boundary to each abutting lot, roadway, watercourse, or receiving
storm sewer system.
[Added 2-23-2021 by Ord.
No. 21-01]
a.
Stormwater runoff shall be calculated in accordance with the following:
1.
The design engineer shall calculate runoff using one of the following
methods:
(a)
The USDA Natural Resources Conservation Service (NRCS) methodology, including the NRCS Runoff Equation and Dimensionless Unit Hydrograph, as described in Chapters 7, 9, 10, 15 and 16, Part 630, Hydrology National Engineering Handbook, incorporated herein by reference as amended and supplemented. This methodology is additionally described in Technical Release 55 - Urban Hydrology for Small Watersheds (TR-55), dated June 1986, incorporated herein by reference as amended and supplemented. Information regarding the methodology is available from the Natural Resources Conservation Service website at https://www.nrcs.usda.gov/Internet/FSE_DOCUMENTS/stelprdb1044171.pdf or at United States Department of Agriculture Natural Resources Conservation Service, 220 Davison Avenue, Somerset, New Jersey 08873; or
(b)
The Rational Method for peak flow and the Modified Rational
Method for hydrograph computations. The Rational and Modified Rational
Methods are described in Appendix A-9, Modified Rational Method, in
the Standards for Soil Erosion and Sediment Control in New Jersey,
January 2014. This document is available from the State Soil Conservation
Committee or any of the soil conservation districts listed at N.J.A.C.
2:90-1.3(a)3. The location, address, and telephone number for each
soil conservation district is available from the State Soil Conservation
Committee, PO Box 330, Trenton, New Jersey 08625. The document is
also available at http://www.nj.gov/agriculture/divisions/anr/pdf/2014NJSoilErosionControlStandardsComplete.pdf.
2.
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 § 26-911.5a1(a) and the Rational and Modified Rational Methods at § 26-911.5a1(b). A runoff coefficient or a groundwater recharge land cover for an existing condition may be used on all or a portion of the site if the design engineer verifies that the hydrologic condition has existed on the site or portion of the site for at least five years without interruption prior to the time of application. If more than one land cover have existed on the site during the five years immediately prior to the time of application, the land cover with the lowest runoff potential shall be used for the computations. In addition, there is the presumption that the site is in good hydrologic condition (if the land use type is pasture, lawn, or park), with good cover (if the land use type is woods), or with good hydrologic condition and conservation treatment (if the land use type is cultivation).
3.
In computing 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.
4.
In computing stormwater runoff from all design storms, the design
engineer shall consider the relative stormwater runoff rates and/or
volumes of pervious and impervious surfaces separately to accurately
compute the rates and volume of stormwater runoff from the site. To
calculate runoff from unconnected impervious cover, urban impervious
area modifications as described in the NRCS Technical Release 55 -
Urban Hydrology for Small Watersheds or other methods may be employed.
5.
If the invert of the outlet structure of a stormwater management
measure is below the flood hazard design flood elevation as defined
at N.J.A.C. 7:13, the design engineer shall take into account the
effects of tailwater in the design of structural stormwater management
measures.
b.
Groundwater recharge may be calculated in accordance with the following:
The New Jersey Geological Survey Report GSR-32, A Method for Evaluating
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 Survey website at https://www.nj.gov/dep/njgs/pricelst/gsreport/gsr32.pdf
or at New Jersey Geological and Water Survey, 29 Arctic Parkway, PO
Box 420 Mail Code 29-01, Trenton, New Jersey 08625-0420.
[Added 2-23-2021 by Ord.
No. 21-01]
a.
Technical guidance for stormwater management measures can be found
in the documents listed below, which are available to download from
the Department's website at http://www.nj.gov/dep/stormwater/bmp_manual2.htm.
1.
Guidelines for stormwater management measures are contained in the
New Jersey Stormwater Best Management Practices Manual, as amended
and supplemented. Information is provided on stormwater management
measures, such as, but not limited to, those listed in Tables 1, 2,
and 3.
2.
Additional maintenance guidance is available on the Department's
website at https://www.njstormwater.org/maintenance_guidance.htm.
b.
Submissions required for review by the Department should be mailed
to the Division of Water Quality, New Jersey Department of Environmental
Protection, Mail Code 401-02B, PO Box 420, Trenton, New Jersey 08625-0420.
[Added 2-23-2021 by Ord.
No. 21-01]
Site design features identified under § 26-911.4f above, or alternative designs in accordance with § 26-911.4g above, to prevent discharge of trash and debris from drainage systems shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets. For purposes of this subsection, "solid and floatable materials" means sediment, debris, trash, and other floating, suspended, or settleable solids. For exemptions to this standard see § 26-911.7a2 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 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:
(a)
A rectangular space 4.625 inches long and 1.5 inches wide (this
option does not apply for outfall netting facilities); or
(b)
A bar screen having a bar spacing of 0.5 inch.
(c)
Note that these exemptions do not authorize any infringement
of requirements in the Residential Site Improvement Standards for
bicycle safe grates in new residential development [N.J.A.C. 5:21-4.18(b)2
and 5:21-7.4(b)1].
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.
[Added 2-23-2021 by Ord.
No. 21-01]
a.
This section sets forth requirements to protect public safety through
the proper design and operation of stormwater management BMPs. This
section applies to any new stormwater management BMP.
b.
The provisions of this section are not intended to preempt more stringent municipal or county safety requirements for new or existing stormwater management BMPs. Municipal and county stormwater management plans and ordinances may, pursuant to their authority, require existing stormwater management BMPs to be retrofitted to meet one or more of the safety standards in § 26-911.8c1, 2 and 3 for trash racks, overflow grates, and escape provisions at outlet structures.
c.
Requirements for Trash Racks, Overflow Grates and Escape Provisions.
1.
A trash rack is a device designed to catch trash and debris and prevent
the clogging of outlet structures. Trash racks shall be installed
at the intake to the outlet from the stormwater management BMP to
ensure proper functioning of the BMP outlets in accordance with the
following:
(a)
The trash rack shall have parallel bars, with no greater than
six-inch spacing between the bars;
(b)
The trash rack shall be designed so as not to adversely affect
the hydraulic performance of the outlet pipe or structure;
(c)
The average velocity of flow through a clean trash rack is not
to exceed 2.5 feet per second under the full range of stage and discharge.
Velocity is to be computed on the basis of the net area of opening
through the rack; and
(d)
The trash rack shall be constructed of rigid, durable, and corrosion-resistant
material and designed to withstand a perpendicular live loading of
300 pounds per square foot.
2.
An overflow grate is designed to prevent obstruction of the overflow
structure. If an outlet structure has an overflow grate, such grate
shall meet the following requirements:
(a)
The overflow grate shall be secured to the outlet structure
but removable for emergencies and maintenance.
(b)
The overflow grate spacing shall be no less than two inches
across the smallest dimension
(c)
The overflow grate shall be constructed and installed to be
rigid, durable, and corrosion resistant and shall be designed to withstand
a perpendicular live loading of 300 pounds per square foot.
3.
Stormwater management BMPs shall include escape provisions as follows:
(a)
If a stormwater management BMP has an outlet structure, escape provisions shall be incorporated in or on the structure. Escape provisions include the installation of permanent ladders, steps, rungs, or other features that provide easily accessible means of egress from stormwater management BMPs. With the prior approval of the municipality pursuant to § 26-911.8c, a freestanding outlet structure may be exempted from this requirement;
(b)
Safety ledges shall be constructed on the slopes of all new stormwater management BMPs having a permanent pool of water deeper than 2 1/2 feet. Safety ledges shall be comprised of two steps. Each step shall be four 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 to 1 1/2 feet above the permanent water surface. See Subsection e for an illustration of safety ledges in a stormwater management BMP; and
(c)
In new stormwater management BMPs, the maximum interior slope
for an earthen dam, embankment, or berm shall not be steeper than
three horizontal to one vertical.
d.
Variance or Exemption from Safety Standard. A variance or exemption
from the safety standards for stormwater management BMPs may be granted
only upon a written finding by the municipality that the variance
or exemption will not constitute a threat to public safety.
e.
Safety Ledge Illustration.
|
Elevation View - Basin Safety Ledge Configuration
 |
[Added 2-23-2021 by Ord.
No. 21-01]
a.
Submission of Site Development Stormwater Plan.
1.
Whenever an applicant seeks municipal approval of a development subject to this section, the applicant shall submit all of the required components of the Checklist for the Site Development Stormwater Plan at § 26-911.9c below as part of the submission of the application for approval.
2.
The applicant shall demonstrate that the project meets the standards
set forth in this section.
b.
Site Development Stormwater Plan Approval. The applicant's site development
project shall be reviewed as a part of the review process by the municipal
board or official from which municipal approval is sought. That municipal
board or official shall consult the municipality's review engineer
to determine if all of the checklist requirements have been satisfied
and to determine if the project meets the standards set forth in this
section.
c.
Submission of Site Development Stormwater Plan. The following information
shall be required:
1.
Topographic Base Map. The reviewing engineer may require upstream
tributary drainage system information as necessary. It is recommended
that the topographic base map of the site be submitted which extends
a minimum of 200 feet beyond the limits of the proposed development,
at a scale of one inch equals 200 feet or greater, showing two-foot
contour intervals. The map, as appropriate, may indicate the following:
existing surface water drainage, shorelines, steep slopes, soils,
erodible soils, perennial or intermittent streams that drain into
or upstream of the Category One waters, wetlands and 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.
2.
Environmental Site Analysis. A written and graphic description of
the natural and man-made features of the site and its surroundings
should be submitted. This description should include a discussion
of soil conditions, slopes, wetlands, waterways and vegetation on
the site. Particular attention should be given to unique, unusual,
or environmentally sensitive features and to those that provide particular
opportunities or constraints for development.
3.
Project Description and Site Plans. A map (or maps) at the scale
of the topographical base map indicating the location of existing
and proposed buildings roads, parking areas, utilities, structural
facilities for stormwater management and sediment control, and other
permanent structures. The map(s) shall also clearly show areas where
alterations will occur in the natural terrain and cover, including
lawns and other landscaping, and seasonal high groundwater elevations.
A written description of the site plan and justification for proposed
changes in natural conditions shall also be provided.
4.
Land Use Planning and Source Control Plan. This plan shall provide a demonstration of how the goals and standards of §§ 26-911.3 through 26-911.5 are being met. The focus of this plan shall be to describe how the site is being developed to meet the objective of controlling groundwater recharge, stormwater quality and stormwater quantity problems at the source by land management and source controls whenever possible.
5.
Stormwater Management Facilities Map. The following information,
illustrated on a map of the same scale as the topographic base map,
shall be included:
(a)
Total area to be disturbed, paved or built upon, proposed surface
contours, land area to be occupied by the stormwater management facilities
and the type of vegetation thereon, and details of the proposed plan
to control and dispose of stormwater.
(b)
Details of all stormwater management facility designs, during
and after construction, including discharge provisions, discharge
capacity for each outlet at different levels of detention and emergency
spillway provisions with maximum discharge capacity of each spillway.
6.
Calculations.
(a)
Comprehensive hydrologic and hydraulic design calculations for the predevelopment and post-development conditions for the design storms specified in § 26-911.5 of this section.
(b)
When the proposed stormwater management control measures depend
on the hydrologic properties of soils or require certain separation
from the seasonal high-water table, then a soils report shall be submitted.
The soils report shall be based on onsite boring logs or soil pit
profiles. The number and location of required soil borings or soil
pits shall be determined based on what is needed to determine the
suitability and distribution of soils present at the location of the
control measure.
7.
Maintenance and Repair Plan. The design and planning of the stormwater management facility shall meet the maintenance requirements of § 26-911.10.
8.
Waiver from Submission Requirements. The municipal official or board reviewing an application under this section may, in consultation with the municipality's review engineer, waive submission of any of the requirements in § 26-911.9c1 through 6 of this section when it can be demonstrated that the information requested is impossible to obtain or it would create a hardship on the applicant to obtain and its absence will not materially affect the review process.
[Added 2-23-2021 by Ord.
No. 21-01]
a.
Applicability. Projects subject to review as in § 26-911.1c of this section shall comply with the requirements of § 26-911.10b and c.
b.
General Maintenance.
1.
The design engineer shall prepare a maintenance plan for the stormwater
management measures incorporated into the design of a major development.
2.
The maintenance plan shall contain specific preventative maintenance
tasks and schedules; cost estimates, including estimated cost of sediment,
debris, or trash removal; and the name, address, and telephone number
of the person or persons responsible for preventative and corrective
maintenance (including replacement). The plan shall contain information
on BMP location, design, ownership, maintenance tasks and frequencies,
and other details as specified in Chapter 8 of the NJ BMP Manual,
as well as the tasks specific to the type of BMP, as described in
the applicable chapter containing design specifics.
3.
If the maintenance plan identifies a person other than the property
owner (for example, a developer, a public agency or homeowners' association)
as having the responsibility for maintenance, the plan shall include
documentation of such person's or entity's agreement to assume this
responsibility, or of the owner's obligation to dedicate a stormwater
management facility to such person under an applicable ordinance or
regulation.
4.
Responsibility for maintenance shall not be assigned or transferred
to the owner or tenant of an individual property in a residential
development or project, unless such owner or tenant owns or leases
the entire residential development or project. The individual property
owner may be assigned incidental tasks, such as weeding of a green
infrastructure BMP, provided the individual agrees to assume these
tasks; however, the individual cannot be legally responsible for all
of the maintenance required.
5.
If the party responsible for maintenance identified under § 26-911.10b3 above is not a public agency, the maintenance plan and any future revisions based on § 26-911.10b7 below shall be recorded upon the deed of record for each property on which the maintenance described in the maintenance plan must be undertaken.
6.
Preventative and corrective maintenance shall be performed to maintain
the functional parameters (storage volume, infiltration rates, inflow/outflow
capacity, etc.) of the stormwater management measure, including, but
not limited to, repairs or replacement to the structure; removal of
sediment, debris, or trash; restoration of eroded areas; snow and
ice removal; fence repair or replacement; restoration of vegetation;
and repair or replacement of nonvegetated linings.
7.
The party responsible for maintenance identified under § 26-911.10b3 above shall perform all of the following requirements:
(a)
Maintain a detailed log of all preventative and corrective maintenance
for the structural stormwater management measures incorporated into
the design of the development, including a record of all inspections
and copies of all maintenance-related work orders;
(b)
Evaluate the effectiveness of the maintenance plan at least
once per year and adjust the plan and the deed as needed; and
(c)
Retain and make available, upon request by any public entity with administrative, health, environmental, or safety authority over the site, the maintenance plan and the documentation required by § 26-911.10b6 and 7 above.
8.
The requirements of § 26-911.10b.3 and 4 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. The posting of a two-year maintenance guarantee
in accordance with N.J.S.A. 40:55D-53 may be required for all stormwater
management facilities dedicated and accepted by the municipality.
9.
In the event that the stormwater management facility becomes a danger
to public safety or public health, or if it is in need of maintenance
or repair, the municipality shall so notify the responsible person
in writing. Upon receipt of that notice, the responsible person shall
have 14 days to effect maintenance and repair of the facility in a
manner that is approved by the Municipal Engineer or his designee.
The municipality, in its discretion, may extend the time allowed for
effecting maintenance and repair for good cause. If the responsible
person fails or refuses to perform such maintenance and repair, the
municipality or county may immediately proceed to do so and shall
bill the cost thereof to the responsible person. Nonpayment of such
bill may result in a lien on the property.
10.
Maintenance and inspection guidance can be found on the Department's
website at https://www.njstormwater.org/maintenance_guidance.htm.
c.
Nothing in this subsection shall preclude the municipality in which
the major development is located from requiring the posting of a performance
or maintenance guarantee in accordance with N.J.S.A. 40:55D-53.
[Added 2-23-2021 by Ord.
No. 21-01]
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 following penalties:
a.
Any person who violates this section or fails to comply with any
of its requirements (including violations of conditions and safeguards
established in connection with conditions) shall upon conviction thereof
in the Municipal Court be fined not less than $500, nor more than
$1,000 or imprisoned for not more than 90 days, or both, for each
violation, and in addition shall pay all costs and expenses involved
in the case.
b.
Nothing herein contained shall prevent the Borough of Haworth from
taking such other lawful action as is necessary to prevent or remedy
any violation.
[Added 2-23-2021 by Ord.
No. 21-01]
Each section, subsection, sentence, clause and phrase of this
section is declared to be an independent section, subsection, sentence,
clause and phrase, and the finding or holding of any such portion
of this section to be unconstitutional, void, or ineffective for any
cause, or reason, shall not affect any other portion of this section.
[Added 2-23-2021 by Ord.
No. 21-01]
This section shall be in full force and effect from and after
its adoption and any publication as required by law.
