[Ord. No. 97-01 § 44.1]
It is required that a site plan be submitted to the Administrative
Officer, under the procedures portion of this Development Regulations,
as may be amended from time to time, for every application for development,
including a change of use from single-family residential to any other
use, except for subdivisions or the development of a single-family
residential structure. Site plans may be submitted separately as a
preliminary site plan and final site plan or may be submitted as a
combined preliminary and final site plan.
[Ord. No. 97-01 § 41.2]
It is required that an application for subdivision approval
be submitted to the Administrative Officer for any subdivision of
land, as defined in the New Jersey Municipal Land Use Law.
a. Submission of Sketch Plat. The applicant shall submit a sketch plat
to the Administrative Officer for the purpose of classification of
all subdivision applications. Once classification has been determined
by the Administrative Officer, the applicant shall be so advised and
shall follow the appropriate procedures for filing as outlined in
the Procedures ordinance. This submittal may be waived by the Administrative
Officer if the application clearly falls within the definition of
either major subdivision or minor subdivision. The decision shall
be final on any request for a waiver of this provision.
[Ord. No. 97-01 § 42]
The following design standards shall apply to all site plan
and subdivision development applications submitted to the Administrative
Officer. The Planning Board may grant waivers from these requirements
upon the submission of information reasonably necessary for the Planning
Board to make an informed decision.
a. The developer shall regard the following requirements and principles
of land development in the design of each development application
or portion thereof. Prior to the granting of final approval, or as
a condition of final approval, the subdivider shall have installed
or, at the option of the Planning Board shall have furnished performance
guarantees in accordance with the appropriate section of this chapter
and N.J.S.A. 40:55D-53 for the ultimate installation or protection
of the items required by this section.
b. The site plan or subdivision shall conform to design standards that
will encourage good development patterns encouraging a coordinated,
well-planned community with provisions for desirable services and
circulation facilities. Furthermore, the site plan or subdivision
shall conform to the proposals and conditions shown in the Master
Plan of the Borough of Farmingdale.
[Ord. No. 97-01 § 42.2]
In all zones, for all site plans and subdivisions, the following
provisions for trees and shrubs shall be included in addition to those
provided in required buffer areas.
a. Trees.
1. The applicant shall provide a Tree Location and Preservation Plan
which shall locate all existing trees as provided below. Such tree
preservation plan shall include:
(a)
For all areas of the site where soil disturbance or development
is to occur, and within 30 feet of any such area, the location, type,
and caliper of all existing trees with a caliper of six inches or
greater measured at a height of one foot above the base of the tree
at planting;
(b)
For all other areas of the subject site, the general location
of and general description of existing trees, or wooded areas containing
existing trees with a caliper of six inches or greater measured at
a height of one foot above the base of the tree at planting;
(c)
Which of the above trees are to be saved, and measures to be
taken to insure the survival of the trees to be saved during and after
construction, including the limits of regrading within the area of
the base of the tree at planting, protection of root systems during
construction, suggested trimming and maintenance prior to construction;
(d)
No tree with a caliper of six inches or greater measured at
a height of one foot above the base of the tree at planting, shall
be removed from a site unless it is replaced with: a similar tree
four inches in caliper one foot above the base of the tree at planting,
or; two trees with a minimum 2 1/2 inch caliper one foot above
the base of the tree at planting, or; a donation of $350 to the Borough
of Farmingdale Shade Tree fund.
(e)
In the event that any tree, designated on an approved tree preservation
plan to be preserved, dies or is removed within two years of the completion
of construction, it shall be replaced by either: a similar tree four
inches in caliper one foot above the base of the tree at planting;
or two trees with a minimum 2 1/2 inch caliper one foot above
the base of the tree at planting. Prior to replacement, the applicant
shall submit a minor site plan application to the Planning Board for
approval of the location of the new trees. The Planning Board may
permit, in lieu of the replacement of the tree or trees, a donation
of $350 to the Borough of Farmingdale Shade Tree fund for each tree
which has died or been removed.
2. In all residential, commercial and industrial developments, a minimum
of 15 trees shall be provided for each acre of development, excluding
required buffer areas. No fewer than 30% of the trees shall be evergreen
and no fewer than 30% of the trees shall be deciduous. Evergreen trees
shall be a minimum height of six feet at planting. Deciduous trees
shall have a minimum height of 15 feet at planting and a mature height
of at least 30 feet. They shall be a minimum caliper of 2 1/2
inches measured at a height of one foot above the base of the tree
at planting, except that a minimum of two deciduous trees per acre
shall be not less than four inches caliper measured one foot above
the base of the tree.
Existing trees which have been saved or replace as part of a
tree preservation plan under paragraph (d) above may be included as
part of the required trees provided that the trees are not located
in a required buffer area, and provided that, where the number of
trees saved or replaced exceeds 15 per acre, the number of trees so
saved is not reduced.
The number of trees provided shall be pro-rated for fractions
of an acre, except that not less than one four inch caliper deciduous
tree shall be provided on any site. Deciduous trees that do not have
a mature height of 30 feet or greater may be substituted for the deciduous
trees which are required in the above paragraph provided that: two
of the smaller trees shall be required for each one larger tree it
replaces; and no more than five deciduous trees per acre shall be
substituted for in this manner.
No less than 30% of the required trees shall be planted in the
required front yard. There shall be no requirement for the mix of
deciduous and evergreen trees to be planted in a front yard.
3. Street Tree Plantings. For all developments, street trees shall be
required and shall generally be planted a maximum of 40 feet apart
and shall not be located within the required sod area as described
in this chapter. However, the Planning Board may waive the maximum
spacing requirement and also permit the location of street trees within
the required sod area in order to promote creative and aesthetically
pleasing site design. Street trees shall meet the minimum size requirements
of paragraph 2 above, and shall be counted towards meeting the minimum
requirement of 15 trees per acre as required in this chapter.
[Ord. No. 97-01 § 42.6]
Where the property to be developed is next to or includes a
railroad right-of-way, suitable provisions shall be made for such
things as road and pedestrian crossings, screening or buffer strips
in accordance with this chapter, freight access, warning signals and
signs in accordance with the Manual on Uniform Traffic Control Services,
in recognition of the relationship between the railroad and the subdivision.
[Ord. No. 97-01 § 42.9]
A minimum four inch deep topsoil cover shall be provided for
all lawn and landscaped areas of a development site. No topsoil shall
be permanently removed from areas intended for lawn or landscaping.
Topsoil so removed during the course of construction shall be redistributed
within the tract so as to provide a minimum four inch cover to all
areas to be seeded, sodded, or planted with trees or shrubs.
Where additional topsoil must be added to a development in order
to provide the minimum four inch deep topsoil cover prior to sowing
of seed or sod, or planting of trees or shrubs, such topsoil shall
consist of natural fertile agricultural soil of good texture, free
from subsoil and it shall be taken from an area which has never been
stripped. Such topsoil shall be of uniform quality, free from roots,
sods, rubbish, Japanese Beetle and other dangerous insect larvae and
shall have come from arable areas with good normal drainage.
[Ord. No. 97-01 § 42.10]
Monuments shall be installed in compliance with the New Jersey
Map Filing Law.
[Ord. No. 97-01 § 42.13]
As a condition of final approval, the Planning Board may require
the payment of the developer's pro-rata share of the following off-site
and off-tract improvements: street improvements, water system, sewerage,
drainage facilities, recreation and education facilities and easements.
Street improvements shall include, but are not limited to intersection
improvements, approach street improvements, traffic control improvements,
and such other improvements as may be required due to anticipated
or projected increased traffic movements or counts resulting from
the proposed subdivision or project.
a. Essential off-site and off-tract improvements may be required to
be installed or a performance guarantee furnished in lieu thereof,
with the total cost borne by the developer.
1. Where a development has no direct access to an improved street or
public or private central water supply or central sanitary sewer and
does not qualify for individual sewage disposal systems, the Planning
Board may nevertheless grant final approval if the developer shall
acquire and improve such street between the development and an existing
improved street and, in the case of water/sewer system(s), if the
developer shall acquire and improve such water and sanitary sewer
connections between the development and existing facilities.
2. Where a development creates a demand for water supply and/or sewerage
treatment beyond the capacity of the present facilities and causes
the need for a new or expanded well, pump or storage tank for water
supply and/or a new or expanded sewage treatment plant and ancillary
equipment, the Planning Board may nevertheless grant final plat approval
if the developer shall acquire land for, improve and dedicate such
water and sewer facilities, all as approved by the Planning Board,
Governing Body and serving utility company. Where such new or expanded
facilities will have a capacity beyond the needs of the development,
the cost to the developer shall be determined in accordance with paragraph
b below.
3. Where drainage waters are diverted from the development into other
drainage systems or onto other lands or streets and they are not adequate
to accommodate the additional waters, the Planning Board may grant
final approval if the developer shall acquire, improve and dedicate
to the Borough such enlarged, additional or new drainage facilities.
4. In lieu of the developer's performing such off-site and off-tract
work, the developer may request and the Governing Body may enter into
an agreement for such work to be performed by the Borough or its contractors
at the cost of the developer.
5. Where the Planning Board determines that off-site and off-tract improvements
are essential to the development and the developer does not consent
to the improvements, the application shall be denied, without prejudice,
to a future application at such time as the conditions no longer apply.
b. Advisable Off-Site and Off-Tract Improvement. Where the Planning
Board finds that off-site and off-tract improvements would be advisable,
although not essential, and the improvements would promote the objectives
of this chapter and can be most appropriately accomplished in connection
with the development and particularly where the off-site and off-tract
improvements would be required to be made as a local improvement by
the Borough, with the costs thereof to be assessed against all properties
specially benefited thereby, including the property of the developer,
the following provisions shall apply:
1. During the processing of the application the Planning Board shall
refer its recommendations for off-site and off-tract improvements
to the Governing Body.
2. If the Governing Body concurs, the Borough Engineer shall determine
the nature of the off-site and off-tract improvements, including the
needs created by the applicant's proposed development and the then
existing needs in the area, notwithstanding any work of the applicant.
3. The Borough Engineer shall estimate the costs of such work, including
all costs to be in any local improvement ordinance and those to be
assessed to the developer and including costs for construction, engineering,
any easement or right-of-way acquisition, legal work, advertising,
contingencies, bonding and assessments.
4. If the Governing Body will not adopt a local improvement ordinance,
the final development shall be designed accordingly, and the Planning
Board shall proceed on that basis.
5. If a local improvement ordinance is adopted, the Governing Body shall
proceed in the following manner:
(a)
If sufficient funds are available for the initial appropriation,
the governing body may appropriate such funds and adopt such ordinance.
(b)
If sufficient funds are not available for the initial appropriation,
the Governing Body may determine the anticipated amount that the lands
of the applicant would be expected to be assessed.
(1)
The amount determined by the Governing Body shall then be deposited
by the applicant with the Borough Director of Finance prior to final
approval and prior to introduction of such local improvement ordinance.
(2)
Such deposit shall be made concurrent with an agreement between
the applicant and the Borough concerning the uses of the deposit,
which shall include the following stipulations: that said funds shall
be used by the Borough solely for the expenses of such off-site and
off-tract improvements; that such deposit may be appropriated by the
Borough, with other funds of the Borough, and may be commingled with
other appropriated funds and expended by the Borough in connection
with such purposes; that, if such deposit is not used by the Borough
within a specified time agreed upon by the applicant, said funds shall
be distributed in accordance with the terms of said agreement; that,
upon completion of the work by the Borough or its contractors, the
properties specially benefited by such improvement shall be assessed
as provided by law, including the property of applicant; that the
applicant's deposit shall be credited against the assessment made
upon applicant's property, whether or not applicant is then the owner
thereof; and that if such deposit was less than the amount ultimately
assessed against such property, then the owner(s) of said property
shall pay the difference between the deposit and such assessment;
or, if the deposit exceeded the amount assessed, the excess shall
be refunded to the applicant, without interest.
(3)
Where said off-site and off-tract improvements are found by
the Planning Board to be advisable and important to the sound development
of the site, but the developer is unwilling to make such deposit as
specified above, then there shall be no final approval until funds
become available for the initial appropriation required to adopt the
local improvement ordinance.
6. The determination of the Governing Body whether or not to proceed
toward the adoption of a local improvement ordinance shall be made
within 30 days after the referral by the Planning Board, unless such
time shall be extended with the consent of the applicant. If the determination
is not made within the designated period, the Planning Board may proceed
as if the Governing Body had determined that it would not adopt such
local improvement ordinance.
[Ord. No. 06-02 § 25-57.1; Ord. No. 2008-14 § 25-27.1; amended 12-1-2020 by Ord. No. 05-2020]
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. Green
infrastructure 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. Green infrastructure 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 Subsection
25-57.2.
c. Applicability.
1. This section shall be applicable to the following major developments:
(a)
Nonresidential major developments; and
(b)
Aspects of residential major developments that are not pre-empted
by the Residential Site Improvement Standards at N.J.A.C. 5:21.
2. This section shall also be applicable to all major developments undertaken
by the Borough of Farmingdale.
d. Compatibility with Other Permit and Ordinance Requirements.
1. 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.
2. 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.
[Ord. No. 06-02 § 25-57.2; Ord. No. 2008-14 § 25-27.2; amended 12-1-2020 by Ord. No. 05-2020]
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.
CAFRA CENTERS, CORES OR NODES
Those areas with boundaries incorporated by reference or
revised by the Department in accordance with N.J.A.C. 7:7-13.16.
CAFRA PLANNING MAP
The map used by the Department to identify the location of
Coastal Planning Areas, CAFRA centers, CAFRA cores, and CAFRA nodes.
The CAFRA Planning Map is available on the Department's Geographic
Information System (GIS).
COMMUNITY BASIN
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.
CONTRIBUTORY DRAINAGE AREA
The area from which stormwater runoff drains to a stormwater
management measure, not including the area of the stormwater management
measure itself.
CORE
A pedestrian-oriented area of commercial and civic uses serving
the surrounding municipality, generally including housing and access
to public transportation.
COUNTY REVIEW AGENCY
An agency designated by the County Board of Chosen Freeholders
to review municipal stormwater management plans and implementing ordinance(s).
The county review agency may either be:
a.
A county planning agency; or
b.
A county water resource association created under N.J.S.A. 58:16A-55.5,
if the ordinance or resolution delegates authority to approve, conditionally
approve, or disapprove municipal stormwater management plans and implementing
ordinances.
DEPARTMENT
The Department of Environmental Protection.
DESIGN ENGINEER
A person professionally qualified and duly licensed in New
Jersey to perform engineering services that may include, but not necessarily
be limited to, development of project requirements, creation and development
of project design and preparation of drawings and specifications.
DESIGNATED CENTER
A State Development and Redevelopment Plan Center as designated
by the State Planning Commission such as urban, regional, town, village,
or hamlet.
DEVELOPMENT
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.
DISTURBANCE
The placement or reconstruction of impervious surface or
motor vehicle surface, or exposure and/or movement of soil or bedrock
or clearing, cutting, or removing of vegetation. Milling and repaving
is not considered disturbance for the purposes of this definition.
DRAINAGE AREA
A geographic area within which stormwater, sediments, or
dissolved materials drain to a particular receiving waterbody or to
a particular point along a receiving waterbody.
EMPOWERMENT NEIGHBORHOODS
Neighborhoods designated by the Urban Coordinating Council
"in consultation and conjunction with" the New Jersey Redevelopment
Authority pursuant to N.J.S.A. 55:19-69.
ENVIRONMENTALLY CONSTRAINED AREA
The following areas where the physical alteration of the
land is in some way restricted, either through regulation, easement,
deed restriction or ownership, such as: wetlands, floodplains, threatened
and endangered species sites or designated habitats, and parks and
preserves. Habitats of endangered or threatened species are identified
using the Department's Landscape Project as approved by the Department's
Endangered and Nongame Species Program.
ENVIRONMENTALLY CRITICAL AREA
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.
EROSION
The detachment and movement of soil or rock fragments by
water, wind, ice, or gravity.
GREEN INFRASTRUCTURE
A stormwater management measure that manages stormwater close
to its source by:
a.
Treating stormwater runoff through infiltration into subsoil;
b.
Treating stormwater runoff through filtration by vegetation
or soil; or
c.
Storing stormwater runoff for reuse.
HUC 14 or HYDROLOGIC UNIT CODE 14
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.
IMPERVIOUS SURFACE
A surface that has been covered with a layer of material
so that it is highly resistant to infiltration by water.
INFILTRATION
The process by which water seeps into the soil from precipitation.
LEAD PLANNING AGENCY
One or more public entities having stormwater management
planning authority designated by the regional stormwater management
planning committee pursuant to N.J.A.C. 7:8-3.2, that serves as the
primary representative of the committee.
MAJOR DEVELOPMENT
a.
An individual development, as well as multiple developments
that individually or collectively result in:
1.
The disturbance of one or more acres of land since February
2, 2004;
2.
The creation of one-quarter acre or more of regulated impervious
surface since February 2, 2004;
3.
The creation of one-quarter acre or more of regulated motor
vehicle surface since March 2, 2021; or
4.
A combination of Subsection a2 and 3 above that totals an area
of one-quarter acre or more. The same surface shall not be counted
twice when determining if the combination area equals one-quarter
acre or more.
b.
"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."
MOTOR VEHICLE
Land vehicles propelled other than by muscular power, such
as automobiles, motorcycles, autocycles, and low speed vehicles. For
the purposes of this definition, "motor vehicle" does not include
farm equipment, snowmobiles, all-terrain vehicles, motorized wheelchairs,
go-carts, gas buggies, golf carts, ski-slope grooming machines, or
vehicles that run only on rails or tracks.
MOTOR VEHICLE SURFACE
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.
NEW JERSEY STORMWATER BEST MANAGEMENT PRACTICES (BMP) MANUAL
or BMP MANUAL
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 Subsection
25-57.4f 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.
NODE
An area designated by the State Planning Commission concentrating
facilities and activities which are not organized in a compact form.
NUTRIENT
A chemical element or compound, such as nitrogen or phosphorus,
which is essential to and promotes the development of organisms.
PERSON
Any individual, corporation, company, partnership, firm,
association, political subdivision of this state and any state, interstate
or federal agency.
POLLUTANT
Any dredged spoil, solid waste, incinerator residue, filter
backwash, sewage, garbage, refuse, oil, grease, sewage sludge, munitions,
chemical wastes, biological materials, medical wastes, radioactive
substance [except those regulated under the Atomic Energy Act of 1954,
as amended (42 U.S.C. § 2011 et seq.)], thermal waste, wrecked
or discarded equipment, rock, sand, cellar dirt, industrial, municipal,
agricultural, and construction waste or runoff, or other residue discharged
directly or indirectly to the land, ground waters or surface waters
of the state, or to a domestic treatment works. "Pollutant" includes
both hazardous and nonhazardous pollutants.
RECHARGE
The amount of water from precipitation that infiltrates into
the ground and is not evapotranspired.
REGULATED IMPERVIOUS SURFACE
Any of the following, alone or in combination:
a.
A net increase of impervious surface;
b.
The total area of impervious surface collected by a new stormwater
conveyance system (for the purpose of this definition, a "new stormwater
conveyance system" is a stormwater conveyance system that is constructed
where one did not exist immediately prior to its construction or an
existing system for which a new discharge location is created);
c.
The total area of impervious surface proposed to be newly collected
by an existing stormwater conveyance system; and/or
d.
The total area of impervious surface collected by an existing
stormwater conveyance system where the capacity of that conveyance
system is increased.
REGULATED MOTOR VEHICLE SURFACE
Any of the following, alone or in combination:
a.
The total area of motor vehicle surface that is currently receiving
water;
b.
A net increase in motor vehicle surface; and/or quality treatment
either by vegetation or soil, by an existing stormwater management
measure, or by treatment at a wastewater treatment plant, where the
water quality treatment will be modified or removed.
SEDIMENT
Solid material, mineral or organic, that is in suspension,
is being transported, or has been moved from its site of origin by
air, water or gravity as a product of erosion.
SITE
The lot or lots upon which a major development is to occur
or has occurred.
SOIL
All unconsolidated mineral and organic material of any origin.
STATE PLAN POLICY MAP
Is defined as the geographic application of the State Development
and Redevelopment Plan's goals and statewide policies, and the official
map of these goals and policies.
STORMWATER
Water resulting from precipitation (including rain and snow)
that runs off the land's surface, is transmitted to the subsurface,
or is captured by separate storm sewers or other sewage or drainage
facilities, or conveyed by snow removal equipment.
STORMWATER MANAGEMENT BASIN
An excavation or embankment and related areas designed to
retain stormwater runoff. A stormwater management basin may either
be normally dry (that is, a detention basin or infiltration system),
retain water in a permanent pool (a retention basin), or be planted
mainly with wetland vegetation (most constructed stormwater wetlands).
STORMWATER MANAGEMENT MEASURE
Any practice, technology, process, program, or other method
intended to control or reduce stormwater runoff and associated pollutants,
or to induce or control the infiltration or groundwater recharge of
stormwater or to eliminate illicit or illegal nonstormwater discharges
into stormwater conveyances.
STORMWATER MANAGEMENT PLANNING AREA
The geographic area for which a stormwater management planning
agency is authorized to prepare stormwater management plans, or a
specific portion of that area identified in a stormwater management
plan prepared by that agency.
STORMWATER RUNOFF
Water flow on the surface of the ground or in storm sewers,
resulting from precipitation.
TIDAL FLOOD HAZARD AREA
A flood hazard area in which the flood elevation resulting
from the two-, ten-, or 100-year storm, as applicable, is governed
by tidal flooding from the Atlantic Ocean. Flooding in a tidal flood
hazard area may be contributed to, or influenced by, stormwater runoff
from inland areas, but the depth of flooding generated by the tidal
rise and fall of the Atlantic Ocean is greater than flooding from
any fluvial sources. In some situations, depending upon the extent
of the storm surge from a particular storm event, a flood hazard area
may be tidal in the 100-year storm, but fluvial in more frequent storm
events.
URBAN ENTERPRISE ZONES
A zone designated by the New Jersey Enterprise Zone Authority
pursuant to the New Jersey Urban Enterprise Zones Act, N.J.S.A. 52:27H-60
et seq.
URBAN REDEVELOPMENT AREA
Previously developed portions of areas:
a.
Delineated on the State Plan Policy Map (SPPM) as the Metropolitan
Planning Area (PA1), Designated Centers, Cores or Nodes;
b.
Designated as CAFRA Centers, Cores or Nodes;
c.
Designated as Urban Enterprise Zones; and
d.
Designated as Urban Coordinating Council Empowerment Neighborhoods.
WATER CONTROL STRUCTURE
A structure within, or adjacent to, a water, which intentionally
or coincidentally alters the hydraulic capacity, the flood elevation
resulting from the two-, ten-, or 100-year storm, flood hazard area
limit, and/or floodway limit of the water. Examples of a water control
structure may include a bridge, culvert, dam, embankment, ford (if
above grade), retaining wall, and weir.
WATERS OF THE STATE
The ocean and its estuaries, all springs, streams, wetlands,
and bodies of surface or groundwater, whether natural or artificial,
within the boundaries of the State of New Jersey or subject to its
jurisdiction.
WETLANDS or WETLAND
An area that is inundated or saturated by surface water or
ground water at a frequency and duration sufficient to support, and
that under normal circumstances does support, a prevalence of vegetation
typically adapted for life in saturated soil conditions, commonly
known as hydrophytic vegetation.
[Ord. No. 06-02 § 25-57.3; Ord. No. 2008-14, § 25-27.3;
amended 12-1-2020 by Ord. No. 05-2020]
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.
[Ord. No. 06-02 § 25-57.4; Ord. No. 2008-14 § 25-27.4; amended 12-1-2020 by Ord. No. 05-2020]
a. The development shall incorporate a maintenance plan for the stormwater management measures incorporated into the design of a major development in accordance with Subsection
25-57.10.
b. Stormwater management measures shall avoid adverse impacts of concentrated
flow on habitat for threatened and endangered species as documented
in the Department's Landscape Project or Natural Heritage Database
established under N.J.S.A. 13:1B-15.147 through 15.150, particularly
Helonias bullata (swamp pink) and/or Clemmys muhlnebergi (bog turtle).
c. The following linear development projects are exempt from the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity requirements of Subsections
p,
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 Subsections
o,
p,
q and
r may be obtained for the enlargement of an existing public roadway or railroad; or the construction or enlargement of a public pedestrian access, provided that the following conditions are met:
1. The applicant demonstrates that there is a public need for the project
that cannot be accomplished by any other means;
2. The applicant demonstrates through an alternatives analysis, that through the use of stormwater management measures, the option selected complies with the requirements of Subsections
o,
p,
q and
r to the maximum extent practicable;
3. The applicant demonstrates that, in order to meet the requirements of Subsections
o,
p,
q and
r, existing structures currently in use, such as homes and buildings, would need to be condemned; and
4. The applicant demonstrates that it does not own or have other rights to areas, including the potential to obtain through condemnation lands not falling under Subsection
d3 above within the upstream drainage area of the receiving stream, that would provide additional opportunities to mitigate the requirements of Subsections
o,
p,
q and
r that were not achievable on site.
e. Tables 1 through 3 below summarize the ability of stormwater best management practices identified and described in the New Jersey Stormwater Best Management Practices Manual to satisfy the green infrastructure, groundwater recharge, stormwater runoff quality and stormwater runoff quantity standards specified in Subsections
o,
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 amendment of the New Jersey Stormwater Best Management Practices Manual to reflect additions or deletions of BMPs meeting these standards, or changes in the presumed performance of BMPs designed in accordance with the New Jersey Stormwater BMP Manual, the Department shall publish in the New Jersey Register a notice of administrative change revising the applicable table. The most current version of the BMP Manual can be found on the Department's website at: https://njstormwater.org/bmp manual2.htm.
f. Where the BMP tables in the NJ Stormwater Management rule are different
due to updates or amendments with the tables in this section, the
BMP Tables in the Stormwater Management rule at N.J.A.C. 7:8-5.2(f)
shall take precedence.
Table 1
|
---|
Green Infrastructure BMPs for Groundwater Recharge, Stormwater
Runoff Quality, and/or Stormwater Runoff Quantity
|
---|
Best Management Practice
|
Stormwater Runoff Quality TSS Removal Rate
(percent)
|
Stormwater Runoff Quantity
|
Groundwater Recharge
|
Minimum Separation from Seasonal High Water Table
(feet)
|
---|
Cistern
|
0
|
Yes
|
No
|
--
|
Dry well(a)
|
0
|
No
|
Yes
|
2
|
Grass swale
|
50 or less
|
No
|
No
|
2(e)
1(f)
|
Green roof
|
0
|
Yes
|
No
|
--
|
Manufactured treatment device(a)(g)
|
50 or 80
|
No
|
No
|
Dependent upon the device
|
Pervious paving system(a)
|
80
|
Yes
|
Yes(b)
No(c)
|
2(b)
1(c)
|
Small-scale bioretention basin(a)
|
80 or 90
|
Yes
|
Yes(b)
No(c)
|
2(b)
1(c)
|
Small-scale infiltration basin(a)
|
80
|
Yes
|
Yes
|
2
|
Small-scale sand filter
|
80
|
Yes
|
Yes
|
2
|
Vegetative filter strip
|
60-80
|
No
|
No
|
--
|
(Notes corresponding to annotations (a) through (g) follow Table 3)
Table 2
|
---|
Green Infrastructure BMPs for Stormwater Runoff Quantity (or
for Groundwater Recharge and/or Stormwater Runoff Quality with a Waiver
or Variance from N.J.A.C. 7:8-5.3)
|
---|
Best Management Practice
|
Stormwater Runoff Quality TSS Removal Rate
(percent)
|
Stormwater Runoff Quantity
|
Groundwater Recharge
|
Minimum Separation from Seasonal High Water Table
(feet)
|
---|
Bioretention system
|
80 or 90
|
Yes
|
Yes(b)
No(c)
|
2(b)
1(c)
|
Infiltration basin
|
80
|
Yes
|
Yes
|
2
|
Sand filter(b)
|
80
|
Yes
|
Yes
|
2
|
Standard constructed wetland
|
90
|
Yes
|
No
|
N/A
|
Wet pond(d)
|
50-90
|
Yes
|
No
|
N/A
|
(Notes corresponding to annotations (b) through (d) follow Table 3)
Table 3
|
---|
BMPs for Groundwater Recharge, Stormwater Runoff Quality, and/or
Stormwater Runoff Quantity only with a Waiver or Variance from N.J.A.C.
7:8-5.3
|
---|
Best Management Practice
|
Stormwater Runoff Quality TSS Removal Rate
(percent)
|
Stormwater Runoff Quantity
|
Groundwater Recharge
|
Minimum Separation from Seasonal High Water Table
(feet)
|
---|
Blue roof
|
0
|
Yes
|
No
|
N/A
|
Extended detention basin
|
40-60
|
Yes
|
No
|
1
|
Manufactured treatment device(h)
|
50 or 80
|
No
|
No
|
Dependent upon the device
|
Sand filter(c)
|
80
|
Yes
|
No
|
1
|
Subsurface gravel wetland
|
90
|
No
|
No
|
1
|
Wet pond
|
50-90
|
Yes
|
No
|
N/A
|
Notes to Tables 1, 2, and 3:
|
(a)
|
Subject to the applicable contributory drainage area limitation specified at Subsection o2;
|
(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 Subsection 25-57.2;
|
(h)
|
Manufactured treatment devices that do not meet the definition of "green infrastructure" at Subsection 25-57.2.
|
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 Subsection
25-57.6b. Alternative stormwater management measures may be used to satisfy the requirements at Subsection
o only if the measures meet the definition of green infrastructure at Subsection
25-57.2. 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 Subsection
d is granted from Subsection
o.
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 Subsection
25-57.8c;
3. Stormwater management measures shall be designed, constructed, and
installed to be strong, durable, and corrosion-resistant. Measures
that are consistent with the relevant portions of the Residential
Site Improvement Standards at N.J.A.C. 5:21-7.3, 7.4, and 7.5 shall
be deemed to meet this requirement;
4. Stormwater management BMPs shall be designed to meet the minimum safety standards for stormwater management BMPs at Subsection
25-57.8; and
5. The size of the orifice at the intake to the outlet from the stormwater
management BMP shall be a minimum of 2 1/2 inches in diameter.
j. Manufactured treatment devices may be used to meet the requirements of this subchapter, provided the pollutant removal rates are verified by the New Jersey Corporation for Advanced Technology and certified by the Department. Manufactured treatment devices that do not meet the definition of green infrastructure at Subsection
25-57.2 may be used only under the circumstances described at Subsection
o4.
k. Any application for a new agricultural development that meets the definition of major development at Subsection
25-57.2 shall be submitted to the Soil Conservation District for review and approval in accordance with the requirements at Subsections
o,
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 Subsections
p,
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 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 Subsections
o,
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 Subsection
25-57.10b5. 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 Subsection
25-57.4 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 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 Subsections
p and
q, the design engineer shall utilize green infrastructure BMPs identified in Table 1 at Subsection
f and/or an alternative stormwater management measure approved in accordance with Subsection
g. The following green infrastructure BMPs are subject to the following maximum contributory drainage area limitations:
Best Management Practice
|
Maximum Contributory Drainage Area
|
---|
Dry well
|
1 acre
|
Manufactured treatment device
|
2.5 acres
|
Pervious pavement systems
|
Area of additional inflow cannot exceed three times the area
occupied by the BMP
|
Small-scale bioretention systems
|
2.5 acres
|
Small-scale infiltration basin
|
2.5 acres
|
Small-scale sand filter
|
2.5 acres
|
3. To satisfy the stormwater runoff quantity standards at Subsection
r, the design engineer shall utilize BMPs from Table 1 or from Table 2 and/or an alternative stormwater management measure approved in accordance with Subsection
g.
4. If a variance in accordance with N.J.A.C. 7:8-4.6 or a waiver from strict compliance in accordance with Subsection
d 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 Subsection
g may be used to meet the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at Subsections
p,
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 Subsections
p,
q and
r, unless the project is granted a waiver from strict compliance in accordance with Subsection D.
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 Subsection
25-57.5, either:
(a)
Demonstrate through hydrologic and hydraulic analysis that the
site and its stormwater management measures maintain 100% of the average
annual pre-construction groundwater recharge volume for the site;
or
(b)
Demonstrate through hydrologic and hydraulic analysis that the
increase of stormwater runoff volume from 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 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 Subsections
p,
q and
r.
7. In accordance with the definition of FW1 at N.J.A.C. 7:9B-1.4, stormwater
management measures shall be designed to prevent any increase in stormwater
runoff to waters classified as FW1.
8. The Flood Hazard Area Control Act Rules at N.J.A.C. 7:13-4.1(c)1
establish 300-foot riparian zones along Category One waters, as designated
in the Surface Water Quality Standards at N.J.A.C. 7:9B, and certain
upstream tributaries to Category One waters. A person shall not undertake
a major development that is located within or discharges into a 300-foot
riparian zone without prior authorization from the Department under
N.J.A.C. 7:13.
9. Pursuant to the Flood Hazard Area Control Act Rules at N.J.A.C. 7:13-11.2(j)3.i,
runoff from the water quality design storm that is discharged within
a 300-foot riparian zone shall be treated in accordance with this
subsection to reduce the post-construction load of total suspended
solids by 95% of the anticipated load from the developed site, expressed
as an annual average.
10. The stormwater runoff quality standards do not apply to the construction
of one individual single-family dwelling, provided that it is not
part of a larger development or subdivision that has received preliminary
or final site plan approval prior to December 3, 2018, and that the
motor vehicle surfaces are made of permeable material(s) such as gravel,
dirt, and/or shells.
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 Subsection
25-57.5, complete one of the following:
(a)
Demonstrate through hydrologic and hydraulic analysis that for
stormwater leaving the site, post-construction runoff hydrographs
for the two-, ten-, and 100-year storm events do not exceed, at any
point in time, the pre-construction runoff hydrographs for the same
storm events;
(b)
Demonstrate through hydrologic and hydraulic analysis that there
is no increase, as compared to the pre-construction condition, in
the peak runoff rates of stormwater leaving the site for the two-,
ten- and 100-year storm events and that the increased volume or change
in timing of stormwater runoff will not increase flood damage at or
downstream of the site. This analysis shall include the analysis of
impacts of existing land uses and projected land uses assuming full
development under existing zoning and land use ordinances in the drainage
area;
(c)
Design stormwater management measures so that the post-construction
peak runoff rates for the two-, ten- and 100-year storm events are
50%, 75% and 80%, respectively, of the pre-construction peak runoff
rates. The percentages apply only to the post-construction stormwater
runoff that is attributable to the portion of the site on which the
proposed development or project is to be constructed; or
(d)
In tidal flood hazard areas, stormwater runoff quantity analysis in accordance with Subsection
r2(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.
[Ord. No. 06-02 § 25-57.5; Ord. No. 2008-14 § 25-27.5; amended 12-1-2020 by Ord. No. 05-2020]
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 pre-construction condition of a site or portion thereof is a wooded land use with good hydrologic condition. The term "runoff coefficient" applies to both the NRCS methodology above at Subsection
a1(a) and the Rational and Modified Rational Methods at Subsection
a1(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 has existed on the site during the five years immediately prior to the time of application, the land cover with the lowest runoff potential shall be used for the computations. In addition, there is the presumption that the site is in good hydrologic condition (if the land use type is pasture, lawn, or park), with good cover (if the land use type is woods), or with good hydrologic condition and conservation treatment (if the land use type is cultivation).
3. In computing pre-construction stormwater runoff, the design engineer
shall account for all significant land features and structures, such
as ponds, wetlands, depressions, hedgerows, or culverts, that may
reduce pre-construction stormwater runoff rates and volumes.
4. In computing stormwater runoff from all design storms, the design
engineer shall consider the relative stormwater runoff rates and/or
volumes of pervious and impervious surfaces separately to accurately
compute the rates and volume of stormwater runoff from the site. To
calculate runoff from unconnected impervious cover, urban impervious
area modifications as described in the NRCS Technical Release 55-Urban
Hydrology for Small Watersheds or other methods may be employed.
5. If the invert of the outlet structure of a stormwater management
measure is below the flood hazard design flood elevation as defined
at N.J.A.C. 7:13, the design engineer shall take into account the
effects of tailwater in the design of structural stormwater management
measures.
b. Groundwater recharge may be calculated in accordance with the following:
The New Jersey Geological Survey Report GSR-32, A Method for Evaluating
Groundwater-Recharge Areas in New Jersey, incorporated herein by reference
as amended and supplemented. Information regarding the methodology
is available from the New Jersey Stormwater Best Management Practices
Manual; at the New Jersey Geological and Water Survey website at:
https://www.nj.gov/dep/njgs/pricelst/gsreport/gsr32.pdf or at New
Jersey Geological and Water Survey, 29 Arctic Parkway, PO Box 420
Mail Code 29-01, Trenton, New Jersey 08625-0420.
[Ord. No. 06-02 § 25-57.6; Ord. No. 2008-14 § 25-27.6; amended 12-1-2020 by Ord. No. 05-2020]
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.
[Ord. No. 06-02 § 25-57.7; Ord. No. 2008-14 § 25-27.7; amended 12-1-2020 by Ord. No. 05-2020]
a. Site design features identified under Subsection
25-57.4f above, or alternative designs in accordance with Subsection
25-57.4g 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 Subsection
a2 below.
1. Design engineers shall use one of the following grates whenever they
use a grate in pavement or another ground surface to collect stormwater
from that surface into a storm drain or surface water body under that
grate:
(a)
The New Jersey Department of Transportation (NJDOT) bicycle
safe grate, which is described in Chapter 2.4 of the NJDOT Bicycle
Compatible Roadways and Bikeways Planning and Design Guidelines; or
(b)
A different grate, if each individual clear space in that grate
has an area of no more than seven square inches, or is no greater
than 0.5 inch across the smallest dimension.
(1)
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.
(2)
Examples of ground surfaces include surfaces of roads (including
bridges), driveways, parking areas, bikeways, plazas, sidewalks, lawns,
fields, open channels, and stormwater system floors used to collect
stormwater from the surface into a storm drain or surface water body.
(c)
For curb-opening inlets, including curb-opening inlets in combination
inlets, the clear space in that curb opening, or each individual clear
space if the curb opening has two or more clear spaces, shall have
an area of no more than seven square inches, or be no greater than
two inches across the smallest dimension.
2. The standard in Subsection
a1 above does not apply:
(a)
Where each individual clear space in the curb opening in existing
curb-opening inlet does not have an area of more than nine square
inches;
(b)
Where the municipality agrees that the standards would cause
inadequate hydraulic performance that could not practicably be overcome
by using additional or larger storm drain inlets;
(c)
Where flows from the water quality design storm as specified
in N.J.A.C. 7:8 are conveyed through any device (e.g., end of pipe
netting facility, manufactured treatment device, or a catch basin
hood) that is designed, at a minimum, to prevent delivery of all solid
and floatable materials that could not pass through one of the following:
(1)
A rectangular space 4 5/8 (4.625) inches long and 1 1/2
(1.5) inches wide (this option does not apply for outfall netting
facilities); or
(2)
A bar screen having a bar spacing of 0.5 inch.
Note that these exemptions do not authorize any infringement
of requirements in the Residential Site Improvement Standards for
bicycle safe grates in new residential development [N.J.A.C. 5:21-4.18(b)2
and 7.4(b)1].
(d)
Where flows are conveyed through a trash rack that has parallel
bars with one-inch spacing between the bars, to the elevation of the
Water Quality Design Storm as specified in N.J.A.C. 7:8; or
(e)
Where the New Jersey Department of Environmental Protection
determines, pursuant to the New Jersey Register of Historic Places
Rules at N.J.A.C. 7:4-7.2(c), that action to meet this standard is
an undertaking that constitutes an encroachment or will damage or
destroy the New Jersey Register listed historic property.
[Ord. No. 06-02 § 25-57.8; Ord. No. 2008-14 § 25-27.8; amended 12-1-2020 by Ord. No. 05-2020]
a. This section sets forth requirements to protect public safety through
the proper design and operation of stormwater management basins. This
section applies to any new stormwater management basin.
b. The provisions of this section are not intended to preempt more stringent municipal or county safety requirements for new or existing stormwater management basins. Municipal and county stormwater management plans and ordinances may, pursuant to their authority, require existing stormwater management basins to be retrofitted to meet one or more of the safety standards in Subsection
c1,
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 basins
to ensure proper functioning of the basins 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 basins shall include escape provisions as follows:
(a)
If a stormwater management basin has an outlet structure, escape
provisions shall be incorporated in or on the structure. Escape provisions
include the installation of permanent ladders, steps, rungs, or other
features that provide easily accessible means of egress from stormwater
management basins. With the prior approval of the municipality pursuant
to this subsection, a freestanding outlet structure may be exempted
from this requirement;
(b)
Safety ledges shall be constructed on the slopes of all new stormwater management basins having a permanent pool of water deeper than 2 1/2 feet. Safety ledges shall be comprised of two steps. Each step shall be four 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 basin; and
(c)
In new stormwater management basins, the maximum interior slope
for an earthen dam, embankment, or berm shall not be steeper than
three horizontal to one vertical.
d. Variance or Exemption from Safety Standard. A variance or exemption
from the safety standards for stormwater management basins may be
granted only upon a written finding by the municipality that the variance
or exemption will not constitute a threat to public safety.
e. Safety Ledge Illustration.
Elevation View - Basin Safety Ledge Configuration
|
[Ord. No. 06-02 § 25-57.9; Ord. No. 2008-14 § 25-27.9; amended 12-1-2020 by Ord. No. 05-2020]
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 Subsection
c below as part of the submission of the application for approval.
2. The applicant shall demonstrate that the project meets the standards
set forth in this section.
3. The applicant shall submit eight copies of the materials listed in the checklist for site development stormwater plans in accordance with Subsection
c of this subsection.
b. Site Development Stormwater Plan Approval. The applicant's site development
project shall be reviewed as a part of the review process by the municipal
board or official from which municipal approval is sought. That municipal
board or official shall consult the municipality's review engineer
to determine if all of the checklist requirements have been satisfied
and to determine if the project meets the standards set forth in this
section.
c. Submission of Site Development Stormwater Plan. The following information
shall be required:
1. Topographic Base Map. The reviewing engineer may require upstream
tributary drainage system information as necessary. It is recommended
that the topographic base map of the site be submitted which extends
a minimum of 200 feet beyond the limits of the proposed development,
at a scale of one inch equals 200 feet or greater, showing two-foot
contour intervals. The map as appropriate may indicate the following:
existing surface water drainage, shorelines, steep slopes, soils,
erodible soils, perennial or intermittent streams that drain into
or upstream of the Category One waters, wetlands and flood plains
along with their appropriate buffer strips, marshlands and other wetlands,
pervious or vegetative surfaces, existing man-made structures, roads,
bearing and distances of property lines, and significant natural and
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 Subsections
25-57.3 through
25-57.5 are being met. The focus of this plan shall be to describe how the site is being developed to meet the objective of controlling groundwater recharge, stormwater quality and stormwater quantity problems at the source by land management and source controls whenever possible.
5. Stormwater Management Facilities Map. The following information,
illustrated on a map of the same scale as the topographic base map,
shall be included:
(a)
Total area to be disturbed, paved or built upon, proposed surface
contours, land area to be occupied by the stormwater management facilities
and the type of vegetation thereon, and details of the proposed plan
to control and dispose of stormwater.
(b)
Details of all stormwater management facility designs, during
and after construction, including discharge provisions, discharge
capacity for each outlet at different levels of detention and emergency
spillway provisions with maximum discharge capacity of each spillway.
6. Calculations.
(a)
Comprehensive hydrologic and hydraulic design calculations for the pre-development and post-development conditions for the design storms specified in Subsection
25-57.4 of this section.
(b)
When the proposed stormwater management control measures depend
on the hydrologic properties of soils or require certain separation
from the seasonal high water table, then a soils report shall be submitted.
The soils report shall be based on onsite boring logs or soil pit
profiles. The number and location of required soil borings or soil
pits shall be determined based on what is needed to determine the
suitability and distribution of soils present at the location of the
control measure.
7. Maintenance and Repair Plan. The design and planning of the stormwater management facility shall meet the maintenance requirements of Subsection
25-57.10.
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 Subsection
25-57.9c1 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.
[Ord. No. 06-02 § 25-57.9; Ord. No. 2008-14 § 25-27.10;
amended 12-1-2020 by Ord. No. 05-2020]
a. Applicability. Projects subject to review as in Subsection
25-57.1c of this section shall comply with the requirements of Subsections
b and
c below.
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 New Jersey Stormwater Best Management Practices Manual, as well as the tasks specific to the type of BMP, as described in the applicable chapter containing design specifics.
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 Subsection
b3 above is not a public agency, the maintenance plan and any future revisions based on Subsection
b7 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 Subsection
b3 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 Subsection
b6 and
7 above.
8. The requirements of Subsection
b3 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.
9. In the event that the stormwater management facility becomes a danger
to public safety or public health, or if it is in need of maintenance
or repair, the municipality shall so notify the responsible person
in writing. Upon receipt of that notice, the responsible person shall
have 14 days to effect maintenance and repair of the facility in a
manner that is approved by the municipal engineer or his designee.
The municipality, in its discretion, may extend the time allowed for
effecting maintenance and repair for good cause. If the responsible
person fails or refuses to perform such maintenance and repair, the
municipality or county may immediately proceed to do so and shall
bill the cost thereof to the responsible person. Nonpayment of such
bill may result in a lien on the property.
c. Nothing in this subsection shall preclude the municipality in which
the major development is located from requiring the posting of a performance
or maintenance guarantee in accordance with N.J.S.A. 40:55D-53.
[Ord. No. 06-02 § 25-57.9; Ord. No. 2008-14 § 25-27.11;
amended 12-1-2020 by Ord. No. 05-2020]
Any person(s) who erects, constructs, alters, repairs, converts, maintains, or uses any building; structure or land in violation of this section shall be subject to the penalties as specified in the Revised General Ordinances of the Borough of Farmingdale, §
1-5 entitled "General Penalty."
[Ord. No. 06-02 § 25-57.11; Ord. No. 2008-14 § 25-27.12;
amended 12-1-2020 by Ord. No. 05-2020]
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.
[Ord. No. 06-02 § 25-57.12; Ord. No. 2008-14 § 25-57.13;
amended 12-1-2020 by Ord. No. 05-2020]
This section shall be in full force and effect from and after
its adoption and any publication as required by law.
[Ord. No. 97-01 § 43]
The following is a list of items and details to be supplied
with the various development applications which are submitted for
approval to a Planning Board of the Borough of Farmingdale. The following
documents shall be provided for development application review. In
some circumstances, additional information beyond these requirements
may be required of the applicant by the Planning Board. Such additional
items shall be provided promptly in order to facilitate prompt action
on the part of the Planning Board. The Planning Board shall also have
the right to waive certain details if a specific request is made by
the applicant and agreed to by the agency. Surveys, the general plan,
grading and utility plans, landscaping plans, architectural plans
and elevations may be indicated on separate drawings and documents.
The required items and details are primarily for the use of the Planning
Board to establish criteria required to make decisions and recommendations.
The items listed in the following subsections shall be required.
Final site plan details are primarily a refinement of the preliminary
details by providing final engineering and architectural information
which will be classified as site plan construction details.
a. All items and details required on the preliminary site plan with
complete accuracy.
b. Evidence that all taxes and assessments against the site have been
paid.
c. If any changes from the preliminary site plan have been made, submit
an approved preliminary site plan showing those changes highlighted.
d. Initial submission shall consist of a total of three copies of all
plans and application forms. Once an application is deemed complete,
in compliance with the Municipal Land Use Law, an additional 13 copies
of all plans and application forms shall be submitted prior to 21
days before the public hearing on the application. All plans shall
be folded to a size not to exceed 10 inches by 14 inches.
[Ord. No. 97-01 § 43.4]
Items and details required for all minor subdivision applications
shall include:
a. Initial submission shall consist of a total of three copies of all
plans and application forms. Once an application is deemed complete,
in compliance with the Municipal Land Use Law, an additional 13 copies
of all plans and application forms shall be submitted prior to 21
days before the public hearing on the application. All plans shall
be folded to a size not to exceed 10 inches by 14 inches.
b. All plans should be presented at a scale no smaller than one inch
equals 50 feet. All site plans shall be prepared using a conventional
"engineer's scale". Architectural plans may be prepared utilizing
an "architect's scale". The size of sheets should not exceed 36 inches
by 24 inches.
c. The general location of facilities, site improvements, and lot layouts
prepared, signed and sealed by a licensed professional engineer, surveyor,
planner or architect.
d. The design and construction details of any public improvements including
street pavements, curbs, sidewalks, sanitary sewage and storm drainage
facilities. This plan shall be prepared by a licensed professional
engineer only.
e. The location of the proposed site and approximate area of the subdivision
in relation to the entire Borough.
f. A Title block, including:
1. Name and location of the project.
2. Name of firm who prepared the plan.
3. Full name of professional engineer, surveyor, architect or planner.
4. The title Professional Engineer, Land Surveyor, Architect or Professional
Planner.
5. License or certificate number, handwritten signature, seal, and date
signed and sealed.
6. If the project includes the work of any other licensed professional,
not under the immediate supervision of the principal engineering firm,
a subtitle block of that professional firm or individual must appear
on all plans involving that profession.
g. Name, address, block and lot of all property owners within 200 feet
of the extreme limits of the subdivision.
h. Acreage of tract to be subdivided to the nearest tenth of an acre.
For sites less than one acre, the square footage of the tract to be
subdivided to the nearest square foot.
i. Proposed number of lots or dwelling units and type.
j. Sufficient elevations or contours to determine the general slope
and natural drainage of the land to points extending 50 feet beyond
the subdivision boundary.
k. Subdivision boundary line or lines (heavy solid line).
l. The location of all wooded areas which are to be retained, as well
as the location of all trees six inches or greater in diameter which
are located within areas to be disturbed and within 30 feet of any
area proposed to be disturbed. All six inches or greater diameter
trees so indicated shall be identified as to diameter and species.
m. Street rights-of-way of the subdivision and within 200 feet of its
boundaries, including:
2. Location, right-of-way and pavement widths.
3. Centerline elevation at intersections and other critical points.
4. Typical cross-sections and centerline profiles for all proposed new
streets.
n. All other rights-of-way, easements, covenants and deed restrictions
in the subdivision and directly adjacent to its boundaries, including:
1. Identification and description of the right-of-way, easement, covenant,
or deed restriction.
3. Restrictions of use, if any.
o. Drainage structures in the subdivision and within 200 feet of its
boundaries.
2. Location invert, elevations, gradients and sizes of all pipe and
of all other structures where applicable.
p. The location of all other utility structures including but not limited
to, water lines and sanitary sewers on the subdivision and within
200 feet of its boundaries.
q. Marshes, ponds, streams, wetlands and land subject to periodic flooding
in the subdivision and within 50 feet of its boundaries, showing the
location and area covered and indicating apparent high water level.
r. The location of existing exceptional natural features such as, but
not limited to, rock formations, and slopes exceeding 12% to the proper
scales both within and adjacent to the proposed site.
s. Lot layout, including:
1. Lot lines and dimensions of each lot to the nearest foot.
2. Front building setback lines (dashed) and their dimensions from the
street.
3. Existing zoning and boundaries thereof. If the entire subdivision
and lands within 200 feet of its boundaries are totally contained
within one zone, this information may be shown in the key map.
4. Identification of lots or parcels of land to be reserved or dedicated
to public use, if any.
5. Easements and restricted areas with notation as to purpose of restrictions.
t. Buildings and other structures located on/or within the parcel to
be subdivided and 50 feet of its boundaries. Setbacks of all principal
and accessory buildings and structures shall be dimensioned on the
plat.
u. Soil boring information which shall contain the following data and
be certified by a professional engineer.
1. Date, location and soil profile of all soil borings, including ground
water elevation. One boring shall be required for each acre to be
subdivided.
2. Locations shall include critical conditions and areas where drainage
structures requiring seepage are to be constructed.
3. Soil borings are to be taken to a minimum of 10 feet below existing
or proposed grade, whichever is deeper. A minimum of one additional
soil boring shall be taken for each storm water retention or detention
basin proposed within the subdivision, said boring being taken to
a minimum depth of 10 feet below the proposed bottom elevation of
the basin.
[Ord. No. 97-01 § 43.6]
Items and details required for all preliminary subdivision applications
shall include:
a. Initial submission shall consist of a total of three copies of all
plans and application forms. Once an application is deemed complete,
in compliance with the Municipal Land Use Law, an additional 13 copies
of all plans and application forms shall be submitted prior to 21
days before the hearing on the application. All plans shall be folded
to a size not to exceed 10 inches by 14 inches.
b. All plans should be presented at a scale no smaller than one inch
equals 50 feet. All site plans shall be prepared using a conventional
"engineer's scale". Architectural plans may be prepared utilizing
an "architect's scale". The size of sheets should not exceed 36 inches
by 24 inches.
c. The general location of facilities, site improvements, and lot layouts
prepared, signed and sealed by a licensed professional engineer, surveyor,
planner or architect.
d. The design and construction details of any public improvements including
street pavements, curbs, sidewalks, sanitary sewage and storm drainage
facilities. This plan shall be prepared by a licensed professional
engineer only.
e. The location of the proposed site and approximate area of the subdivision
in relation to the entire Borough.
f. A Title block, including:
1. Name and location of the project.
2. Name of firm who prepared the plan.
3. Full name of professional engineer, surveyor, architect or planner.
4. The title Professional Engineer, Land Surveyor, Architect or Professional
Planner.
5. License or certificate number, handwritten signature, seal, and date
signed and sealed.
6. If the project includes the work of any other licensed professional,
not under the immediate supervision of the principal engineering firm,
a subtitle block of that professional firm or individual must appear
on all plans involving that profession.
g. Acreage of tract to be subdivided to the nearest tenth of an acre.
For sites less than one acre, the square footage of the tract to be
subdivided to the nearest square foot.
h. Proposed number of lots or dwelling units and type.
i. Sufficient elevations or contours to determine the general slope
and natural drainage of the land to points extending 50 feet beyond
the subdivision boundary.
j. Subdivision boundary line or lines (heavy solid line).
k. The location of all wooded areas which are to be retained, as well
as the location of all trees six inches or greater in diameter which
are located within areas to be disturbed and within 30 feet of any
area proposed to be disturbed. All six inches or greater diameter
trees so indicated shall be identified as to diameter and species.
l. Street rights-of-way within 200 feet of the subdivision boundaries,
including:
2. Location, right-of-way and pavement widths.
3. Centerline elevation at intersections and other critical points.
4. Typical cross-sections and centerline profiles for all proposed new
streets.
m. All other rights-of-way, easements, covenants and deed restrictions
in the subdivision and directly adjacent to its boundaries, including:
1. Identification and description of the right-of-way, easement, covenant,
or deed restriction.
3. Restrictions of use, if any.
n. Drainage structures in the subdivision and within 200 feet of its
boundaries.
2. Location invert, elevations, gradients and sizes of all pipe and
of all other structures where applicable.
o. The location of all other utility structures including but not limited
to, water lines and sanitary sewers on the subdivision and within
200 feet of its boundaries.
p. Marshes, ponds, streams, wetlands and land subject to periodic flooding
in the subdivision and within 50 feet of its boundaries, showing the
location and area covered and indicating apparent high water level.
q. The location of existing exceptional natural features such as, but
not limited to, rock formations, and slopes exceeding 12% to the proper
scales both within and adjacent to the proposed site.
r. Lot layout, including:
1. Lot lines and dimensions of each lot to the nearest foot.
2. Front building setback lines (dashed) and their dimensions from the
street.
3. Existing Zoning and Boundaries Thereof. If the entire subdivision
and lands within 200 feet of its boundaries are totally contained
within one zone, this information may be shown in the key map.
4. Identification of lots or parcels of land to be reserved or dedicated
to public use, if any.
5. Easements and restricted areas with notation as to purpose of restrictions.
s. Buildings and other structures located on/or within the parcel to
be subdivided and 50 feet of its boundaries. Setbacks of all principal
and accessory buildings and structures shall be dimensioned on the
plat.
[Ord. No. 97-01 § 43.7]
Items and details required for the submission of final subdivision
applications shall include all requirements for applications for preliminary
approval as well as the following:
a. A final subdivision map, showing metes and bounds of the subdivision
and all lots and parcels within the subdivision, prepared, signed,
and sealed by a licensed land surveyor. The final plat shall be drawn
in ink on mylar at a scale not smaller than one inch equals 50 feet
and in compliance with all the requirements of the New Jersey Map
Filing Law and for filing a map with the county recording officer
and shall be designed in compliance with the provisions of this chapter.
The final plat shall be accompanied by the same information required
for preliminary approval in addition to the following:
1. Each block and lot shall be numbered in conformity to existing tax
map procedures.
2. The building address number for each proposed building lot of the
subdivision in accordance with existing Borough building address numbering
requirements and regulations based on the width of lots of the subdivision
as required by the Zoning Ordinance of the Borough.
3. Bearings and distances of all lot lines, and radii, are distances
and central angles of all curves. All distances shall be calculated
and shown to the nearest 1/100 of a foot.
4. Proposed final contours at two foot intervals extending to 25 feet
beyond the boundary of the subdivision. Existing contours at five
foot intervals must be shown extending 25 feet beyond the boundary
of the subdivision.
5. Certification that the applicant is agent or owner of the land, or
that the owner has given consent under an option agreement for the
dedication of streets, alleys, easements and other rights-of-way and
any lands for public use.
6. At least one corner shall be tied into a U.S.G.S. benchmark. The
reference meridian (north arrow) shall be identified as true or magnetic.
Monuments, lot corners and other survey points shall be located and
described.
7. When approval of plat is required by an officer or body of the County
or State, approval shall be certified on the plat.
b. Final engineering plans and utility plans, prepared by a licensed
professional engineer, at the same scale and as required on the preliminary
plat.
c. Initial submission shall consist of a total of three copies of all
plans and application forms. Once an application is deemed complete,
in compliance with the Municipal Land Use Law, an additional 13 copies
of all plans and application forms shall be submitted prior to 21
days before the public hearing on the application. All plans shall
be folded to a size not to exceed 10 inches by 14 inches.