a.Â
Applications for development within the Borough shall conform to
the design standards provided in this Article. Where applicable, conformance
with the Master Plan regarding location of streets, rights-of-way,
parks and playgrounds and other such uses shall be required.
b.Â
Where a particular project requires construction not covered in these
standards, the proposed design will be evaluated on the basis of normally
accepted engineering and/or architectural design practices. In the
case of nonconstruction related items, the proposed design will be
evaluated on the basis of normally accepted engineering, architectural
and/or planning practices.
c.Â
The Board, when acting upon development applications shall have the
power to grant such exceptions from the requirements of this Article
as may be reasonable and within its general purpose and intent, if
the literal enforcement of one or more provisions is impracticable
or will exact undue hardship because of peculiar conditions pertaining
to the land in question.
All buildings shall be designed with a parking area and access
to a public street. When a site contains more than one (1) building
or use, a common architectural theme shall be reflected through the
choice of building materials, architectural style, sign controls and
color coordination. Special consideration should be given to pedestrian
access.
Each individual lot shall have access to a public street. Loading
areas and access to loading areas shall be provided and shall be separate
from parking areas and aisles. A landscaped buffer with plantings
and/or mounding shall be provided between commercial and residential
uses. Such buffer shall be a minimum of twenty (20) feet in depth.
No use shall create glare, heat, odor, noise or physical vibrations
perceptible at a property line. Where a site contains more than one
building, a compatible architectural theme shall be reflected through
the choice of building materials and the use of landscaped open space.
All residential developments must comply with the most recent
edition of the New Jersey Residential Site Improvement Standards and
all its amendments.
[New]
a.Â
Lot dimensions and area shall not be less than the requirements of
the zoning regulations.
b.Â
Insofar as practical, side lot lines shall be at right angles to
straight street lines and radial to curved street lines.
No lot shall be created on which construction will be rendered
impracticable because of existing physical conditions. Where that
situation occurs the affected land shall be incorporated into the
adjoining lots or contiguous open space.
Block length and width or acreage within bounding roads shall
be such as to accommodate the size of lot required by this chapter
and to provide for convenient access, circulation, control and safety
of street traffic.
[New]
All residential developments must comply with the most recent
edition of the New Jersey Residential Site Improvement Standards (RSIS)
and all its amendments.
Pedestrian circulation shall be provided and shall be separate
from motor vehicle circulation wherever possible.
The dwelling unit mix for a particular tract shall be such that
no more than seventy-five (75%) percent of the total number of dwelling
units shall have the same number of bedrooms. The dwelling unit mix
for each phase of a development or for a project on a tract need not
reflect the dwelling unit mix prescribed for the entire tract. In
such cases, the Board shall include, as a condition of final approval
on a particular phase or project, the provision that future projects
or phases shall bring the dwelling unit mix into conformance with
the above standard.
To the greatest extent possible, the site plan shall divide
intended uses into individual small groups using such features as
quadrangles, courts, clustering and landscaping. The monotonous repetition
of elements shall be avoided.
[New]
No certificate of occupancy shall be issued for any use until
documentation is provided to the Construction Code Enforcement Official
that the intended use(s) will comply with the performance standards
enumerated below and as per State Uniform Construction Code Act N.J.S.A.
52:27D-119 et seq.
a.Â
Storage and Disposal of Waste. No materials or wastes shall be deposited
upon a lot in such form or manner that they may be transferred off
the lot by natural causes or forces, nor shall any substances be deposited
which can cause an underground aquifer to fail to meet applicable
State water quality standards. All materials or waste which might
cause fumes or dust or which constitute a fire hazard or which may
be edible or otherwise attractive to rodents or insects shall be stored
indoors and enclosed in appropriate containers adequate to eliminate
such hazards. All hazardous materials used on the site shall be disposed
of in a safe manner in accordance with applicable State and Federal
regulations.
b.Â
Ventilation. No use shall obstruct the natural ventilation of adjacent
uses. Further, no air conditioners or exhaust fans shall be permitted
to discharge exhausted air unless setback from all property lines
ten (10) feet or more or unless equipped with baffles to deflect the
discharged air away from adjacent uses.
All residential developments must comply with the most recent
edition of the New Jersey Residential Site Improvement Standards (RSIS)
and all its amendments. Where the RSIS do not address a specific design
standard, then the relevant standard addressed in this section shall
apply.
[New]
Each development shall have access to a street. Such access
shall be designed and constructed for, and shall be evaluated by the
Board as to adequacy for entering and exiting vehicles and for emergency
vehicles.
a.Â
All lots shall have frontage on a public street except that lots
for residential uses other than detached single family residential
uses may have access from a private street, as approved by the Board.
b.Â
All public streets shall be located in a right-of-way dedicated to
the Borough and having the following minimum widths, measured from
lot line to lot line unless another width is specifically recommended
in an adopted element of the Master Plan or on an adopted Official
Map for the Borough:
Arterial streets
|
60 feet
|
All other streets
|
50 feet
|
Developments that adjoin or include existing public streets
which do not conform to the above required right-of-way widths shall
dedicate the required additional width along one (1) or both sides
of said street. If development is proposed along one (1) side of the
street only, then one-half (1/2) of the required extra width shall
be dedicated.
|
a.Â
Residential developments for other than detached single family residential
uses may include private streets.
b.Â
No site plan controlling access to streets shall be approved except
when the control and disposal of said land controlling access has
been placed with the Borough or unless a protective deed restriction
has been approved by the Board.
c.Â
The applicant shall demonstrate, prior to final approval, a means
to maintain the streets. The Board shall require a maintenance agreement.
This agreement shall include the Borough's right to enter the premises
to make repairs and/or conduct other necessary maintenance. The cost
for such repairs and/or maintenance by the Borough shall be paid by
the property owner(s) and shall include all legal, administrative,
clerical, planning and engineering costs associated with the work.
Streets shall be designed to converge traffic flows at convenient
access points. Street design shall discourage through traffic within
residential areas. To facilitate traffic flows at major intersections,
turning lanes may be required. Acceleration and deceleration lanes
shall be installed at exits and entrances to commercial and industrial
areas unless the Board is satisfied that such lanes are not required.
a.Â
The arrangement of streets shall be such as to provide for the extension
of existing streets.
b.Â
Private access to nonresidential uses shall not be through a residentially
zoned lot or lots.
c.Â
The approval by the Board of any map or plat delineating streets
shall in no way be construed as an acceptance of any street indicated
thereon.
Clear sight triangles shall be provided at all street intersections. Within such triangles, no vision obstructing object shall be permitted within the height of thirty (30) inches and eight (8) feet above the elevation of the intersecting street. The size of the sight triangle shall be as established in subsection 30-507.1.
All culs-de-sac of a permanent nature (where provision for the
future extension of the street to the boundary of the adjoining property
is impractical or impossible) or of a temporary nature (where provision
is made for the future extension of the street to the boundary line
of an adjoining property) shall be no more than six hundred (600)
feet in length and provide access to no more than forty (40) dwelling
units and shall provide a turnaround at the end with a radius of fifty
(50) feet at the curbline. For public streets, an additional ten (10)
foot wide utility and planting strip shall be provided around the
entire cul-de-sac for a total right-of-way radius of sixty (60) feet.
The center point for the radius shall be off-set to a point where
the radius becomes tangent to the right curbline of the associated
street.
a.Â
Subgrade. Topsoil shall be stripped from the proposed roadbed for
the entire width of pavement, shoulders, gutters, curbs, sidewalks
or other required improvements. All unsuitable material shall be removed.
The subgrade shall be compacted to a density of not less than ninety-five
(95%) percent under optimum moisture conditions. All embankments shall
conform to current New Jersey State Highway Specifications, as amended.
b.Â
Pavement Materials. The quality of surfacing and base materials used
shall adhere to the minimum standards set forth by the County or State
when said street is within their jurisdiction. For streets under the
jurisdiction of the Borough the following standards shall apply:
1.Â
As a minimum, any new street shall be constructed according to the
specifications and procedures set forth in the New Jersey State Highway
Department Standard Specifications (1983) as amended.
2.Â
The base course shall be five (5) inches stabilized base placed on
four (4) inches of subbase Type 5A, which has been inspected and approved
by the Borough Engineer.
3.Â
The surface course for all classes of Borough streets shall consist
of one and one-half (1Â 1/2) inches of bituminous concrete, Type
FABC-1, Mix No. 5.
4.Â
An alternate pavement section may be approved by the Board if the
applicant can demonstrate to the Board's satisfaction that the proposed
pavement section is adequate to serve the anticipated volume and type
of traffic. However, for any pavement section approved, the surface
course must be bituminous concrete Type FABC-1, Mix No. 5.
Pavement width shall be as follows:
Arterial streets
|
40 feet with 20 feet on either side of centerline
|
All other streets
|
30 feet with 15 feet on either side of centerline
|
The Board may approve a reduction in the pavement width as follows:
a.Â
Local Public and Private Streets. If the street is a cul-de-sac providing access to not more than twenty (20) dwelling units or if the street provides no parallel parking to meet the parking requirements of subsection 30-520.1, the minimum pavement width may be reduced to twenty-four (24) feet.
b.Â
Collector Streets. If the street will not have on-street parking,
or residential uses with frontage on the collector, the pavement width
may be reduced to twenty-six (26) feet, with a four (4) foot wide
graded shoulder on each side.
Curbing for Borough streets shall be granite block with a six
(6) inch curb face on all streets, except on arterial streets, which
shall have an eight (8) inch curb face. However, on streets under
the jurisdiction of the County or State, curbing shall be in accordance
with the requirements of the appropriate authority.
An alternate form of curbing may be approved by the Board if
the applicant can demonstrate to the Board's satisfaction that a substantial
cost savings will result and that no loss in the useful life of the
curbing and no increase in maintenance costs will occur. On private
streets, the Board may waive the requirements for curbing if the applicant
can demonstrate that no adverse impact will occur to the pavement,
that drainage will not be impaired, and that the drainage system and
facilities can easily be maintained.
On Borough streets other than minor streets and on private streets,
the Board may waive the requirements for curbing if the street is
specifically designed for construction without curbing, if drainage
will not be impaired, if there will be no adverse impact to the pavement,
if the drainage system can easily be maintained, and if it can be
shown that any increased cost in maintenance will be offset by the
overall improvement in road design.
a.Â
If Belgian block, stones shall not be less than ten (10) inches in
height and shall be constructed to show a vertical face above the
roadway pavement of six (6) inches,
b.Â
If concrete, the curbing shall meet the following specifications:
1.Â
The concrete to be used for curbs shall be Class B Concrete as specified
in the New Jersey State Highway Specifications for Curbs and Gutters.
2.Â
Expansion joints shall be provided at maximum intervals of ten (10)
feet and shall be sealed as specified by the Borough Engineer.
3.Â
The curb at driveway openings shall be depressed to the extent that
one and one-half (1Â 1/2) inches extends above the finished pavement.
4.Â
Concrete curbs for local roads shall be eight (8) inches wide at
the base and not less than seven (7) inches wide at the top. Their
height shall not be less than twenty inches (20") and shall be constructed
to show a vertical face above the pavement of six (6) inches. The
rear top corner of the curb shall have a radius of one-fourth (1/4)
inch, and the front top corner shall have a radius of one and one-half
(1Â 1/2) inches.
c.Â
Depressed curb ramps for the handicapped shall be installed at all
curb radii where sidewalks intersect the curb in accordance with the
laws of the State of New Jersey.
a.Â
Sidewalks shall be installed along Borough streets in all developments
in order to ensure safe pedestrian movement within the development
and into adjacent areas. Additionally, sidewalks shall be installed
in all areas wherever pedestrian traffic is anticipated to occur such
as between parking areas and buildings or between buildings. Sidewalks
shall be four (4) feet wide and constructed of four (4) inch thick
Class B concrete, as specified in the New Jersey State Highway Specifications,
as amended, and in accordance with the Borough Standard Details.
b.Â
The Board may waive or modify the requirements for sidewalks if it
is demonstrated by the applicant that adequate provision for pedestrian
circulation has been provided through such methods as pedestrian paths,
except that sidewalks may still be required along principal routes
to schools.
c.Â
Driveway aprons shall be constructed between the curb (or edge of
pavement) and the sidewalk, or in the absence of sidewalk, for a distance
of four (4) feet back from the curb, (or edge of pavement). The standard
for materials shall be six (6) inches of Class B concrete as specified
in the New Jersey State Highway Specifications, as amended.
The maximum grade for a new street shall depend on road classifications.
Maximum grades shall be as follows:
Maximum
|
10%
|
Desirable
|
4%
|
Minimum
|
0.5% to 0.75%
|
The geometry of roads shall meet the following minimum design
criteria:
Rate of Vertical Curvature
(K Values) Rounded for Design
| ||||
---|---|---|---|---|
Posted Speed Limit
|
Vertical Curves Minimum Stopping Sight Distance
|
Crest Vertical Curves
|
Sag Vertical Curves
|
Horizontal Curves Minimum Radius
|
25 mph or less
|
150 feet
|
20
|
20
|
200 feet
|
35 mph
|
250 feet
|
40-50
|
50
|
350 feet
|
45 mph
|
350 feet
|
80-100
|
70-90
|
500 feet
|
a.Â
Positive drainage shall be provided to drain surface water runoff
from the roadway pavement.
b.Â
A five (5) foot shoulder with a five (5%) percent cross slope shall
abut the edge of pavement.
c.Â
All swales shall be designed to carry a twenty-five (25) year frequency
storm for the drainage area served.
d.Â
Drainage swales shall have a maximum side slope of 3:1.
e.Â
All swales shall have a minimum grade of one-half (0.5%) percent
to prevent silting and a maximum slope that will prevent erosion.
Paved inverts and/or energy dissipators may be required.
f.Â
The invert of all swales shall be a minimum of three (3) inches below
the pavement section.
g.Â
All swales shall be hydroseeded or similarly treated to ensure a
stable erosion control surface immediately after construction.
h.Â
The street right-of-way shall be widened to include all drainage
swales where Borough maintenance of such swales will be required to
ensure that the drainage system will function in a manner that protects
the pavement from stormwater infiltration.
A new street name shall not conflict with or be mistaken for
an existing street name in the municipality or postal zip code unless
the street is a logical extension of an existing street. The street
numbering system shall be as approved by the Borough Engineer.
Street name signs shall be placed at all street intersections
within or abutting the development. Such signs shall be of a type
approved by the Borough and shall be placed in accordance with the
Borough's Standards or at the direction of the Borough Engineer.
[New]
All residential developments must comply with the most recent
edition of the New Jersey Residential Site Improvement Standards (RSIS)
and all its amendments. Where the RSIS do not address a specific design
standard then the relevant standard established in this section shall
apply.
The required dimensions of a clear sight triangle shall depend
on the posted speed of the uncontrolled or major roadway. The sight
triangle shall be laid out so that a driver ten (10) feet from the
right-of-way line of the uncontrolled or major street can see approaching
traffic at the following distances and an easement controlling construction
shall be established for all portions of the clear sight triangle
not in a public right-of-way. The sight triangle shall be clear of
any obstructions from thirty (30) inches above grade to a point eight
(8) feet above grade, except utility poles shall be permitted provided
they do not present a safety hazard.
Posted Speed Limit
|
Minimum Required Clear-Sight Distance
|
---|---|
25 mph
|
250 feet
|
35 mph
|
350 feet
|
45 mph
|
450 feet
|
Intersections shall be approached on all sides by a straight
and level area, a minimum of forty (40) feet in length the maximum
grade of which shall be as follows:
Classification
|
Maximum Up Grade
|
Maximum Down Grade
|
---|---|---|
45 mph or greater
|
2%
|
2%
|
25 mph to 44 mph
|
5%
|
3%
|
Intersections shall be separated from adjacent roadway intersections
by the minimum distances set forth below. The minimum distance shall
be measured centerline to centerline along the intersecting street,
and shall be dependent upon the type of intersection and the posted
speed limit of the roadway between the two (2) intersections. Two
(2) "T" intersections with approaches from opposite directions shall
be considered full intersections.
Posted Speed Limit
|
Full Intersection
|
"T" Intersection
|
---|---|---|
25 mph
|
300
|
200
|
35 mph
|
350
|
250
|
45 mph
|
450
|
300
|
[New]
All residential developments must comply with the most recent
edition of the New Jersey Residential Site Improvement Standards (RSIS)
and all its amendments. Where the RSIS do not address a specific design
standard then the relevant standard established in this section shall
apply.
a.Â
All driveways shall be a minimum of ten (10) feet in width and shall
be constructed of at least four (4) inches of compacted subbase material
and two (2) inches of three-eight (3/8) inch roadway stone or comparable
material. Where driveways adjoin paved parking lots, these driveways
shall be paved to the same standards as the parking lot. Aprons shall
be provided in accordance with the provisions of this chapter.
b.Â
Driveway grades shall not exceed ten (10%) percent at any point along
the entire length of the driveway. In addition, the driveway grade
shall not exceed eight (8%) percent for a distance of eight (8) feet
from the curb line and a transition curve shall be provided between
said eight (8%) percent grade and any increase in grade.
c.Â
The side slopes of driveways shall be topsoiled, seeded, fertilized
and mulched or otherwise stabilized to prevent erosion. If banks exceed
a 2:1 slope, and the slope face is not stable rock, retaining walls
shall be constructed in a manner approved by the Borough Engineer.
d.Â
No driveway shall be located within five (5) feet of a side lot line
unless it is a common driveway for attached duplex or multifamily
dwelling. No driveway pavement area shall be wider than one-half (1/2)
the width of a lot.
With the exception of single-family detached dwellings, all
off-street parking areas shall meet the following requirements:
a.Â
All off-street parking shall be paved with a minimum of one and one-half
(1.5) inches of bituminous concrete (FABC) placed on top of a minimum
of three and one-half (3.5) inches of stabilized base and a minimum
of four (4) inches of compacted subbase, Type 5A, or an equivalent
as approved by the Borough Engineer.
b.Â
All parking and loading areas shall be curbed with granite block
or concrete curbing constructed to Borough Standard specifications
unless the applicant can demonstrate that elimination of the curbing
will not decrease the useful life of the pavement, have a negative
effect on drainage, or increase maintenance costs.
c.Â
All parking and loading areas shall have a convenient means of ingress
and egress.
1.Â
The applicant shall demonstrate to the Board that ingress and egress
will not adversely affect the flow of traffic on Borough streets.
2.Â
Traffic circulation shall be designed to minimize the use of aisles
serving parking areas.
3.Â
For nonresidential uses, parking areas with more than twenty-five
(25) spaces shall have separate entrances and exits.
4.Â
Where a combined entrance and exit is provided, the access road shall
be a minimum of twenty-four (24) feet in width.
5.Â
Where separate entrances and exits are provided, the minimum roadway
width shall be fifteen (15) feet.
d.Â
If a parking lot has an area of less than eight thousand (8,000)
square feet, an area equal to five (5%) percent of the lot shall be
maintained as open space. If a parking lot has an area of greater
than eight thousand (8,000) square feet, an area equal to ten (10%)
percent of the lot shall be maintained as open space. Said open space
shall be within the perimeter of the lot and shall be appropriately
planted or designed for the retention of existing trees. All plantings
shall be protected by curbing, bumpers or bollards. Within any parking
area there shall be at least one two and one-half (2Â 1/2) (D.B.H)
caliper or larger shade tree for each ten (10) spaces.
e.Â
All portions of the property not used for off-street parking, loading
or access shall be attractively landscaped with lawns, trees and shrubs
as approved by the Board. Parking areas visible from a street shall,
through the use of landscaping, be intermittently screened.
f.Â
Striping and directional and traffic safety signs shall be provided
throughout the parking, loading and circulation areas in accordance
with the Manual of Uniform Traffic Control Devices.
g.Â
All lighting shall be so arranged and shielded to reflect light downward
and away from adjoining streets and properties.
Each site plan shall provide for the removal of all solid wastes
and shall further provide for temporary on-site storage of all solid
waste materials.
Adequate access shall be provided to all solid waste storage
facilities. Such access shall accommodate the type of vehicle normally
used for the collection of wastes.
Requirements set forth in the Borough of Roseland Municipal
Ordinance Number 28-1986, its amendments, and the New Jersey Statewide
Mandatory Source Separation and Recycling Act and all subsequent revisions
shall be complied with. Specifically, all Subdivision and Site Plan
Applications submitted to the Borough must provide for the recycling
of designated materials. The following items should be addressed:
a.Â
Identify materials to be collected.
b.Â
Identify proposed recyclable material storage locations.
c.Â
Identify locations where recyclable materials are to be picked up.
d.Â
Identify frequency of collections.
e.Â
Identify quantity of recyclable materials expected to be generated.
f.Â
Where outdoor storage is proposed, the storage area shall be suitably
screened from view.
[Ord. No. 5-2000 §§ I
and II; amended 3-17-2020 by Ord. No. 01-2020]
a.Â
Purpose: The general purpose of this section is to protect and promote
the public health, safety and welfare, the quality of life, and the
ability to view the night sky by establishing regulations and a process
of review for exterior lighting. This section establishes standards
for exterior lighting in order to accomplish the following:
1.Â
To provide safe roadways for motorists, cyclists and pedestrians;
2.Â
To ensure that sufficient lighting can be provided where needed to
promote safety and security;
3.Â
To protect against adverse offsite impacts of lighting, such as direct
glare, light trespass, obtrusive light, sky glow, and excessive lighting;
4.Â
To protect and reclaim the ability to view the night sky, and help
preserve the quality of life and the tourist experience;
5.Â
To promote efficient and cost-effective lighting that will conserve
energy and resources to the greatest extent possible;
6.Â
To allow for flexibility in the style of lighting fixtures;
7.Â
To provide exterior lighting guidelines; and
8.Â
To provide assistance to property owners and occupants in bringing
nonconforming lighting into conformance with this section.
b.Â
Applicability: All exterior lighting installed after the effective
date hereof in any and all zoning districts in the Borough shall be
in conformance with the requirements established by this section and
any other applicable ordinances. This includes, but is not limited
to, new lighting, replacement lighting, or any other lighting whether
attached to structures, poles, the earth, or any other location, including
lighting installed by any third party. All existing lighting installed
prior to the effective date hereof in any and all zoning districts
in the Borough of Roseland shall be addressed as follows:
1.Â
All existing lighting located on a subject property that is part
of an application for development or building permit is required to
be brought into conformance with this section. Conformity shall occur
prior to issuance of a certificate of occupancy, final inspection
or final plat recordation, when applicable. For other permits, the
applicant shall have a maximum of 30 days from date of permit issuance
to bring the lighting into conformance.
2.Â
All existing exterior commercial lighting that is not in conformance
with this section shall be brought into conformance with this section
by June 30, 2018.
3.Â
All existing lighting that does not meet the requirement of section
17.124.060 of this title,[1] which states that "any parking, yard or building illumination
in (any) zoning (district) shall be so directed as to protect adjacent
properties from glare and direct lighting", is required to be brought
into conformance with section 17.132 of this title.[2]
5.Â
In the event of a discrepancy in applicable ordinances, the most
restrictive shall apply.
c.Â
Exemptions: The following are not regulated by this section:
1.Â
Lighting within public right-of-way or easement for the principal
purpose of illuminating streets or roads. No exemption shall apply
to any lighting within the public right of way or easement when the
purpose of the luminaire is to illuminate areas outside the public
right-of-way or any easement, unless regulated with a streetlighting
ordinance.
2.Â
Lighting for public monuments and statuary.
3.Â
Lighting solely for signs (lighting for signs is regulated by the
Sign Ordinance).
4.Â
Repairs to existing luminaires not exceeding 25% of total installed
luminaires.
5.Â
Temporary lighting for theatrical, television, performance areas
and construction sites.
6.Â
Underwater lighting in swimming pools and other water features.
7.Â
Temporary lighting and seasonal lighting provided that individual
lamps are less than 10 watts and 70 lumens.
8.Â
Lighting that is only used under emergency conditions.
9.Â
In lighting zones LZ-2, LZ-3 and LZ-4, low voltage landscape lighting
controlled by an automatic device that is set to turn the lights off
at one hour after the site is closed to the public or at a time established
by the authority.
d.Â
The Planning Board, the Zoning Board, the Building Official and/or the Zoning Official shall have the authority to require new lighting and/or modification of existing lighting, pursuant to Subsection 30-510.1b1 of this section to meet the requirements of this section.
e.Â
Lighting Plans Required: All applications for development and/or
building permits shall include lighting plans showing location, type,
height, color temperature, lumen output and amount of all proposed
and existing fixtures. The applicant shall provide sufficient information
to verify that lighting conforms to the provisions of this section.
The Planning Board, Zoning Board, the Building Official and/or the
Zoning Official shall have the authority to request additional information
in order to achieve the purposes of this section.
f.Â
ABSOLUTE PHOTOMETRY
ARCHITECTURAL LIGHTING
ASTRONOMIC TIME SWITCH
BACKLIGHT
BUG
CANOPY
COMMON OUTDOOR AREAS
CURFEW
EMERGENCY CONDITIONS
FOOTCANDLE
FORWARD LIGHT
FULLY SHIELDED LUMINAIRE
GLARE
HARDSCAPE
HARDSCAPE AREA
HARDSCAPE PERIMETER
IDA
IESNA
IMPERVIOUS MATERIAL
INDUSTRY STANDARDS LIGHTING SOFTWARE
LAMP
LANDSCAPE LIGHTING
LANDSCAPE LIGHTING, LOW VOLTAGE
LED
LIGHT POLLUTION
LIGHT TRESPASS
LIGHTING
LIGHTING EQUIPMENT
LIGHTING ZONE
LUMEN
LUMINAIRE
LUMINAIRE LUMENS
LUX
MOUNTING HEIGHT
NEW LIGHTING
OBJECT
OBJECT HEIGHT
ORNAMENTAL LIGHTING
ORNAMENTAL STREET
1.Â
2.Â
3.Â
4.Â
5.Â
OUTDOOR LIGHTING
PARTLY SHIELDED LUMINAIRE
PEDESTRIAN HARDSCAPE
PHOTOELECTRIC SWITCH
PROPERTY LINE
RELATIVE PHOTOMETRY
REPAIR(S)
REPLACEMENT LIGHTING
SALES AREA
SHIELDED DIRECTIONAL LUMINAIRE
SIGN
SKY GLOW
TEMPORARY LIGHTING
TEMPORARY SEASONAL LIGHTING
THIRD PARTY
TIME SWITCH
TRANSLUCENT
UNSHIELDED LUMINAIRE
UPLIGHT
VERTICAL ILLUMINANCE
Definitions: As used in this section, the following terms shall have
the meanings indicated:
Photometric measurements (usually of a solid-state luminaire)
that directly measures the footprint of the luminaire.
Lighting designed to reveal architectural beauty, shape and/or
form and for which lighting for any other purpose is incidental.
An automatic lighting control device that switches outdoor
lighting relative to time of solar day with time of year correction.
For an exterior luminaire, lumens emitted in the quarter
sphere below horizontal and in the opposite direction of the intended
orientation of the luminaire. For luminaires with symmetric distribution,
"backlight" will be the same as front light.
The luminaire classification system that classifies backlight
(B), uplight (U) and glare (G) to evaluate luminaire optical performance
related to light trespass, sky glow, and high angle brightness control.
The BUG ratings are based on a zonal lumen calculation for secondary
solid angles, based on data from photometric testing procedures approved
by the IESNA.
A covered, unconditioned structure with at least one side
open for pedestrian and/or vehicular access. (An unconditioned structure
is one that may be open to the elements and has no heat or air conditioning.)
One or more of the following: a parking lot; a parking; a
common entrance or public space structure or covered vehicular entrance
shared by all occupants of the domiciles.
A time defined by the governing body when outdoor lighting
is reduced or extinguished.
Generally, lighting that is only energized during an emergency;
lighting fed from a backup lighting power source; or the path for
illuminating of egress solely during a fire or other emergency situation;
or, lighting for security purposes used solely during an alarm.
The unit of measure expressing the quantity of light received
on a surface. One footcandle is the illuminance produced by a candle
on a surface one foot square from a distance of one foot.
For an exterior luminaire, lumens emitted in the quarter
sphere below horizontal and in the direction of the intended orientation
of the luminaire.
A luminaire constructed and installed in such a manner that
all light emitted by the luminaire, either directly from the lamp
or a diffusing element, or indirectly by reflection or refraction
from any part of the luminaire, is projected below the horizontal
plane through the luminaire's lowest light-emitting part.
Lighting entering the eye directly from luminaires or indirectly
from reflective surfaces that causes visual discomfort or reduced
visibility.
Permanent hardscape improvements to the site including parking
lots, drives, entrances, curbs, ramps, stairs, steps, medians, walkways
and non-vegetated landscaping that is 10 feet or less in width. Materials
may include concrete, asphalt, stone, gravel, etc.
The area measured in square feet of all hardscape. It is
used to calculate the total site lumen limit in both the prescriptive
method and performance methods. Refer to "hardscape" definition.
The perimeter measured in linear feet is used to calculate
the total site lumen limit in the performance method. Refer to "hardscape"
definition.
The International Dark-Sky Association.
The Illuminating Engineering Society of North America.
A material that is sealed to severely restrict water entry
and movement.
Lighting software that calculates point- by-point illuminance
that includes reflected light using either ray-tracing or radiosity
methods.
A generic term for a source of optical radiation (i.e., light),
often called a "bulb" or tube." Examples include incandescent, fluorescent,
high-intensity discharge (HID) lamps, and low-pressure sodium (LPS)
lamps, as well as light-emitting diode (LED) modules and arrays.
Lighting of trees, shrubs, or other plant material as well
as ponds and other landscape features.
Landscape lighting powered at less than 15 volts and limited
to luminaires having a rated initial luminaire lumen output of 525
lumens or less.
Light emitting diode.
Any adverse effect of artificial light including, but not
limited to, glare, light trespass, skyglow, energy waste, compromised
safety and security, and impacts on the nocturnal environment.
Light that falls beyond the property it is intended to illuminate.
Electric, man-made or artificial lighting. See "lighting
equipment."
Equipment specifically intended to provide gas or electric
illumination, including, but not limited to, lamp(s), luminaire(s),
ballast(s), poles, posts, lens(es), and related structures, electrical
wiring, and other necessary or auxiliary components.
An overlay zoning system establishing legal limits for lighting
for particular parcels, areas, or districts in a community.
The unit of measure used to quantify the amount of light
produced by a lamp or emitted from a luminaire (as distinct from "watt,"
a measure of power consumption).
The complete lighting unit (fixture), consisting of a lamp,
or lamps and ballast(s) (when applicable), together with the parts
designed to distribute the light (reflector, lens, diffuser), to position
and protect the lamps, and to connect the lamps to the power supply.
For luminaires with relative photometry, it is calculated
as the sum of the initial lamp lumens for all lamps within an individual
luminaire, multiplied by the luminaire efficiency. If the efficiency
is not known for a residential luminaire, assume 70%. For luminaires
with absolute photometry, it is the total luminaire lumens. The lumen
rating of a luminaire assumes the lamp or luminaire is new and has
not depreciated in light output.
The SI unit of illuminance. One lux is one lumen per square
meter. 1 Lux is a unit of incident illuminance approximately equal
to 1/10 footcandle.
The height of the photometric center of a luminaire above
grade level. The horizontal spacing of poles is often measured in
units of "mounting height." Example: "The luminaires can be spaced
up to four mounting heights apart."
Lighting for areas not previously illuminated; newly installed
lighting of any type except for replacement lighting or lighting repairs.
A permanent structure located on a site. "Objects" may include
statues or artwork, garages or canopies, outbuildings, etc.
Shall mean the highest point of an entity, but shall not
include antennas or similar structures.
Lighting that does not impact the function and safety of
an area but is purely decorative, or used to illuminate architecture
and/or landscaping, and installed for aesthetic effect.
Lighting shall mean a luminaire intended for illuminating
streets that serves a decorative function in addition to providing
optics that effectively deliver street lighting. It has a historical
period appearance or decorative appearance, and has the following
design characteristics:
Designed to mount on a pole using an arm, pendant, or vertical
tenon;
Opaque or translucent top and/or sides;
An optical aperture that is either open or enclosed with a flat,
sag or drop lens;
Mounted in a fixed position; and
With its photometric output measured using Type C photometry
per IESNA LM-75-01.
Lighting equipment installed within the property line and
outside the building envelopes, whether attached to poles, building
structures, the earth, or any other location; and any associated lighting
control equipment.
A luminaire with opaque top and translucent or perforated
sides, designed to emit most light downward.
Stone, brick, concrete, asphalt or other similar finished
surfaces intended primarily for walking, such as sidewalks and pathways.
A control device employing a photocell or photodiode to detect
daylight and automatically switch lights off when sufficient daylight
is available.
The edges of the legally-defined extent of privately owned
property.
Photometric measurements made of the lamp plus luminaire,
and adjusted to allow for light loss due to reflection or absorption
within the luminaire. Reference standard: IES LM-63.
The reconstruction or renewal of any part of an existing
luminaire for the purpose of its ongoing operation, other than relamping
or replacement of components including capacitor, ballast or photocell.
Note that retrofitting a luminaire with new lamp and/or ballast technology
is not considered a repair and for the purposes of this section the
luminaire shall be treated as if new. "Repair" does not include normal
relamping or replacement of components including capacitor, ballast
or photocell.
Lighting installed specifically to replace existing lighting
that is sufficiently broken to be beyond repair.
An uncovered area used for sales of retail goods and materials,
including but not limited to automobiles, boats, tractors and other
farm equipment, building supplies, and gardening and nursery products.
A luminaire that includes an adjustable mounting device allowing
aiming in any direction and contains a shield, louver, or baffle to
reduce direct view of the lamp.
Advertising, directional or other outdoor promotional display
of art, words and/or pictures.
The brightening of the nighttime sky that results from scattering
and reflection of artificial light by moisture and dust particles
in the atmosphere. Skyglow is caused by light directed or reflected
upwards or sideways and reduces one's ability to view the night sky.
Lighting installed and operated for periods not to exceed
60 days, completely removed and not operated again for at least 30
days.
Lighting installed and operated in connection with holidays
or traditions.
A party contracted to provide lighting, such as a utility
company.
An automatic lighting control device that switches lights
according to time of day.
Allowing light to pass through, diffusing it so that objects
beyond cannot be seen clearly (not transparent or clear).
A luminaire capable of emitting light in any direction including
downwards.
Shall mean, for an exterior luminaire, flux radiated in the
hemisphere at or above the horizontal plane.
Illuminance measured or calculated in a plane perpendicular
to the site boundary or property line.
a.Â
Color Temperature: All exterior lighting shall utilize light sources
not to exceed 3,000 kelvin.
b.Â
Light Trespass and Overlighting: All existing and/or new exterior
lighting shall not cause light trespass and shall protect adjacent
properties from glare and excessive lighting. All vehicle lighting
originating from a commercial property shall be shielded from other
adjacent properties. Incidental light trespass (lighting emanating
from turning motor vehicles or motion sensor lighting) is permitted.
c.Â
All lighting emitting from any zoning lot shall not cause the light
level along any property line, as measured at a height of 60 inches
above grade in a plane at any angle of inclination, to exceed the
limitations listed in Figure 1: Light Trespass Matrix.
Figure 1: Light Trespass and Overlighting Matrix
|
Zone of Light Source
|
Impacted Zone
|
Maximum Footcandle Limits
|
---|---|---|
Noncommercial Zones
(C, C/R, R-1, R-2, R-3, R-4, R-5, R-6, AH-1/R-7, AH-2/R-8, AH-3/R-9)
|
Noncommercial Zones
(C, C/R, R-1, R-2, R-3, R-4, R-5, R-6, AH-1/R-7, AH-2/R-8, AH-3/R-9)
|
0.1 footcandle
|
Noncommercial Zones
(C, C/R, R-1, R-2, R-3, R-4, R-5, R-6, AH-1/R-7, AH-2/R-8, AH-3/R-9)
|
Commercial Zones
(B-1, B-2, OB-1, OB-2, OB-3)
|
0.5 footcandle
|
Commercial Zones
(B-1, B-2, OB-1, OB-2, OB-3)
|
Noncommercial Zones
(C, C/R, R-1, R-2, R-3, R-4, R-5, R-6, AH-1/R-7, AH-2/R-8, AH-3/R-9)
|
0.1 footcandle
|
Commercial Zones
(B-1, B-2, OB-1, OB-2, OB-3)
|
Commercial Zones
(B-1, B-2, OB-1, OB-2, OB-3)
|
0.5 footcandle
|
d.Â
Nonessential Exterior Commercial and Residential Lighting: All nonessential
exterior commercial and residential lighting shall be turned off after
business hours and/or when not in use. Lights on a timer shall be
used. Sensor-activated lights shall be used to replace existing lighting
that is desired for security purposes.
e.Â
Area Lights:
1.Â
All area lights, including streetlights and parking area lighting,
shall be level mounted and 85° full cutoff-type fixtures.
2.Â
Residential streetlights shall be limited to 1,125 lumens, unless
otherwise recommended by the Public Works Department.
3.Â
Nonresidential streetlights shall be limited to 1,500 lumens, unless
otherwise recommended by the Public Works Department.
4.Â
Lights on major intersections on state highways shall be limited
to 3,000 lumens, unless otherwise recommended by the Public Works
Department.
5.Â
Parking area lights are encouraged to be greater in number, lower
in height and lower in light level, as opposed to fewer in number,
higher in height and higher in light level.
6.Â
Parking lot lighting shall not exceed IESNA recommended illuminance
(footcandle) level and are encouraged to utilize the lowest range
available.
7.Â
All freestanding area lights within a residential zone, except streetlights,
shall be mounted at a height no greater than the value "3 + (D/3),"
where "D" is the distance in feet to the nearest property boundary.
8.Â
Luminaire Mounting Height: Freestanding luminaires shall be no higher
than 25 feet above the stand/pole base; except that luminaires used
for recreational playing fields shall be exempt from the height restriction,
provided all other provisions of this section are met and the light
is used only while the field is in use; and except that streetlights
used on major roads may exceed this standard if necessary as determined
by the Borough Council, as advised by a lighting engineer. Building-mounted
luminaires shall be attached only to walls, and the top of the fixture
shall not exceed the height of the parapet or roof, whichever is greater.
f.Â
Uplighting: Uplighting is prohibited in all zoning districts, except
where otherwise permitted in this section.
g.Â
Public Outdoor Lighting: Public outdoor lighting, including holiday
lighting, shall be permitted to ensure the safety and enjoyment of
the intended public use. All public lighting shall comply with the
standards established herein and shall be turned off after hours of
operation or when not in use. When practically possible, motion sensors
may be used. Public outdoor lighting is exempt from lighting curfews
and exempt from section 17.132.030B[1] of this section.
[1]
Editor's Note: So in original.
h.Â
Lighting Fixtures:
1.Â
All exterior lighting shall comply with the acceptable lighting fixtures
located in Figure 2. All exterior lighting fixtures shall be full
cutoff fixtures with the light source fully shielded, except as exempted
in this section.
2.Â
Figure 2 is incorporated into this section as a guideline for the
public and the Borough for use in meeting the intent of this section.
Figure 2 serves only as an example. The Borough does not endorse or
discriminate against any manufacturer or company that may be shown,
portrayed or mentioned by the examples.
i.Â
Lighting Fixture Exceptions and Additional Requirements: See Figure
3a.
Figure 3a: Light Fixture Exceptions and Additional Requirements
|
Type of Lighting (Full Cutoff)
|
Light Fixture
|
Light Trespass Standards
|
Additional Requirements
|
---|---|---|---|
Canopy lighting
|
Required
|
Not exempt
|
- All canopy lighting shall be recessed.
|
- sufficiently so as to ensure that no light source is visible
from or causes glare on public rights of way or adjacent property.
| |||
Holiday lights
|
Not required
|
Exempt
|
- Shall only be displayed from November 20 to March 20.
|
- Exempt from color temperature requirements set forth in this
section.
| |||
- All new holiday lighting shall be LED lighting, or bulb that
has been demonstrated to be the most energy efficient technology available.
| |||
- Flashing holiday lighting is permitted.
| |||
- All private holiday lighting shall be turned off at the close
of business hours in the Community Core zoning district, and after
10:30 p.m. in all other zoning districts. Outdoor public lighting
shall not be subject to holiday lighting curfew.
| |||
Flagpole lighting
|
Not required
|
Exempt
|
- Upward flagpole lighting is permitted for governmental flags
only.
|
- The maximum lumen output shall be 1,300 lumens.
| |||
- Flags are encouraged to be taken down at sunset to avoid the
need for lighting.
| |||
Floodlights
|
Not required
|
Not exempt
|
- Floodlights with external shielding shall be angled provided
that no light escapes above a twenty-five-degree angle measured from
the vertical line from the center of the light extended to the ground.
|
- Floodlights shall not cause glare or light to shine directly
on adjacent property or public rights of way.
| |||
- Shall be encouraged to be motion sensor activated.
| |||
Neon lights
|
Not required
|
Not exempt
|
- Neon lights are only permitted pursuant to the Sign Ordinance.
|
Sensor-activated lighting
|
Required
|
Exempt
|
- Shall be located so as to prevent lighting into adjacent properties
or into a public right of way.
|
- Lighting shall activate only when motion on the property is
detected and shall deactivate within no more than five minutes.
| |||
- Lighting shall not be triggered by any activity off the property
or in the public right of way.
| |||
- The maximum lumen output shall be 600 lumens.
| |||
Temporary lighting
|
Required
|
Exempt
|
- Lumens output shall be approved by the Department of Public
Works.
|
Temporary emergency lighting
|
Not required
|
Exempt
|
- Utilized by public safety services. Exempt from provisions
of this section.
|
Motor vehicle fueling stations and motor vehicle service stations
|
Required
|
Not exempt
|
- The average footcandle lighting level at the pump for new
and existing service stations is required to be no greater than 30
footcandle average, as set by the IESNA for urban service stations.
|
Towers for radio communication and navigation
|
Not required
|
Not exempt
|
- All radio, communication and navigation towers that require
lights shall have dual lighting capabilities.
|
- For daytime, the white strobe light may be used; and for nighttime,
only red lights shall be used.
| |||
- Lighting that is required by legal jurisdictions are exempt
from this provision.
|
a.Â
Any light source that does not meet the requirements of this section
is prohibited.
b.Â
Searchlights, beacons, laser source, and other high-intensity light
fixtures are prohibited.
c.Â
Except as otherwise allowed by this title, any lighting that is flashing,
blinking, rotating, chasing, or rapidly changing in color or intensity
is prohibited.
e.Â
Window border lighting shall be prohibited.
a.Â
The Lighting Zones shall determine the limitations for lighting as
specified in this section. The Lighting Zones shall be shown in Figure
3b:
Figure 3b: Lighting Zones
Lighting Zone
|
Applicable Zoning Districts
|
Description
|
---|---|---|
LZ-0: No ambient lighting
|
C Conservation Zone
|
Areas where the natural environment will be seriously and adversely
affected by lighting. Impacts include disturbing the biological cycles
of flora and fauna and/or detracting from human enjoyment and appreciation
of the natural environment. Human activity is subordinate in importance
to nature. The vision of human residents and users is adapted to the
darkness, and they expect to see little or no lighting. When not needed,
lighting should be extinguished.
|
LZ-1: Low ambient lighting
|
Single-Family Residential Zones
(R-1, R-2, R-3, R-4)
|
Areas where lighting might adversely affect flora and fauna
or disturb the character of the area. The vision of human residents
and users is adapted to low light levels. Lighting may be used for
safety and convenience but it is not necessarily uniform or continuous.
After curfew, most lighting should be extinguished or reduced as activity
levels decline.
|
LZ-2: Moderate ambient lighting
|
Multi-Family Residential & Office Zones
(R-5, R-6, AH-1/R-7, AH-2/R-8, AH-3/R-9, OB-1, OB-2, OB-3)
|
Areas of human activity where the vision of human residents
and users is adapted to moderate light levels. Lighting may typically
be used for safety and convenience but it is not necessarily uniform
or continuous. After curfew, lighting may be extinguished or reduced
as activity levels decline.
|
LZ-3: Moderately high ambient lighting
|
Commercial Zones
(B-1, B-2)
|
Areas of human activity where the vision of human residents
and users is adapted to moderately high light levels. Lighting is
generally desired for safety, security and/or convenience and it is
often uniform and/or continuous. After curfew, lighting may be extinguished
or reduced in most areas as activity levels decline.
|
LZ-4: High ambient lighting
|
N/A
|
Areas of human activity where the vision of human residents
and users is adapted to high light levels. Lighting is generally considered
necessary for safety, security and/or convenience and it is mostly
uniform and/or continuous. After curfew, lighting may be extinguished
or reduced in some areas as activity levels decline.
|
b.Â
The following outdoor lighting restrictions in Figure 4 shall apply
to sites and structures based on their assigned lighting zone:
Figure 4: Lighting Zone-Based Restrictions
|
Lighting Zones
|
Color Temperature CCT Allowed Range
|
Light Reduction
R = Required/V = Voluntary
|
Maximum Light Output Percentage
|
---|---|---|---|
LZ-0
|
1,900K - 3,000K
|
R-1 hour after close of business
|
25%
|
LZ-1
|
1,900K - 3,000K
|
R-1Â 1/2 hours after close of business
|
25%
|
LZ-2
|
1,900K - 3,500K1
|
R-2 hours after close of business
|
50%
|
LZ-3
|
1,900K - 4,800K2
|
V-2 hours after close of business
|
50%
|
Notes:
| |
1.
|
While LZ-2 and LZ-3 have higher allowable color temperature
ranges, it is still strongly recommended to use warmer color temperatures
(3,000 K or lower) whenever practicable. Cooler color temperatures
(greater than 3,000 K) shall be reserved for instances where there
are special requirements or regulations that necessitate higher values.
|
2.
|
Due to the large range of allowable color temperatures in LZ-3,
care should be taken to prevent harsh transitions between cool and
warm color temperatures in neighboring areas. As a general rule of
thumb, the difference in CCT values should not be greater than 1,000
K when transitioning between areas of differing color temperatures.
|
a.Â
Automatic Switching Requirements: Controls shall be provided that
automatically extinguish all outdoor lighting when sufficient daylight
is available using a control device or system such as a photoelectric
switch, astronomic time switch or equivalent functions from a programmable
lighting controller, building automation system or lighting energy
management system, all with battery or similar backup power or device.
b.Â
Automatic Lighting Reduction Requirements: The Borough shall establish
curfew time(s), after which total outdoor lighting lumens shall be
reduced by at least 30% or extinguished.
1.Â
Exceptions: Lighting reductions are not required for any of the following:
(a)Â
With the exception of landscape lighting, lighting for residential
properties including multiple residential properties not having common
areas.
(b)Â
When the outdoor lighting consists of only one luminaire.
(c)Â
Code-required lighting for steps, stairs, walkways, and building
entrances.
(d)Â
When, in the opinion of the Authority, lighting levels must
be maintained.
(e)Â
Motion-activated lighting.
(f)Â
Lighting governed by special use permit in which times of operation
are specifically identified.
(g)Â
Businesses that operate on a twenty-four-hour basis.
For all nonresidential properties, and for multiple residential
properties of seven domiciles or more and having common outdoor areas,
all outdoor lighting shall comply either with Subsection a or b of
this section.
a.Â
Prescriptive method. An outdoor lighting installation complies with this section if it meets the requirements of Subsections a1 and 2, below.
1.Â
Total site lumen limit: The total installed initial luminaire lumens
of all outdoor lighting shall not exceed the total site lumen limit.
The total site lumen limit shall be determined using either the parking
space method (Figure 5) or the hardscape area method (Figure 6). Only
one method shall be used per permit application, and for sites with
existing lighting, existing lighting shall be included in the calculation
of total installed lumens. The total installed initial luminaire lumens
are calculated as the sum of the initial luminaire lumens for all
luminaires.
Figure 5 - Allowed Total Initial Luminaire Lumens per
Site for Nonresidential Outdoor Lighting, Per Parking Space Method
|
May only be applied to properties up to 10 parking spaces (including
handicapped accessible spaces).
|
LZ-0
|
LZ-1
|
LZ-2
|
LZ-3
|
LZ-4
|
---|---|---|---|---|
350 lumens/space
|
490 lumens/space
|
630 lumens/space
|
840 lumens/space
|
1,050 lumens/space
|
Figure 6 - Allowed Total Initial Lumens per Site for Nonresidential
Outdoor Lighting, Hardscape Area Method
|
May be used for any project. When lighting intersections of
site drives and public streets or road, a total of 600 square feet
for each intersection may be added to the actual site hardscape area
to provide for intersection lighting.
|
LZ-0
|
LZ-1
|
LZ-2
|
LZ-3
|
LZ-4
|
---|---|---|---|---|
Base Allowance
| ||||
0.5 lumens per square foot of hardscape
|
1.25 lumens per square foot of hardscape
|
2.5 lumens per square foot of hardscape
|
5.0 lumens per square foot of hardscape
|
7.5 lumens per square foot of hardscape
|
Lumen Allowances, in Addition to Base Allowance
| |||||
---|---|---|---|---|---|
LZ-0
|
LZ-1
|
LZ-2
|
LZ-3
|
LZ-4
| |
Additional allowances for sales and service facilities. No more
than two additional allowances per site, "Use it or Lose it".
| |||||
Outdoor sales lots. This allowance is lumens per square foot
of uncovered sales lots used exclusively for the display of vehicles
or other merchandise for sale, and may not include driveways, parking
or other non-sales areas. To use this allowance, luminaires must be
within 2 mounting heights of sales lot area.
|
0
|
4 lumens per square foot
|
8 lumens per square foot
|
16 lumens per square foot
|
16 lumens per square foot
|
Outdoor sales frontage. This allowance is for lineal feet of
sales frontage immediately adjacent to the principal viewing location(s)
and unobstructed for its viewing length. A corner sales lot may include
two adjacent sides provided that a different principal viewing location
exists for each side. In order to use this allowance, luminaires must
be located between the principal viewing location and the frontage
outdoor sales area
|
0
|
0
|
1,000 per linear foot
|
1,500 per linear foot
|
2,000 per linear foot
|
Drive-up windows. In order to use this allowance, luminaires
must be within 20 feet horizontal distance of the center of the window.
|
0
|
2,000 lumens per drive-up window
|
4,000 lumens per drive-up window
|
8,000 lumens per drive-up window
|
8,000 lumens per drive-up window
|
Vehicles service station. This allowance is lumens per installed
fuel pump.
|
0
|
4,000 lumens per pump (based on 5 fc horiz)
|
8,000 lumens per pump (based on 5 fc horiz)
|
16,000 lumens per pump (based on 5 fc horiz)
|
24,000 lumens per pump (based on 5 fc horiz)
|
b.Â
Performance method.
1.Â
Total site lumen limit: The total installed initial luminaire lumens
of all lighting systems on the site shall not exceed the allowed total
initial site lumens. The allowed total initial site lumens shall be
determined using Figures 8 and 9. For sites with existing lighting,
existing lighting shall be included in the calculation of total installed
lumens. The total installed initial luminaire lumens of all is calculated
as the sum of the initial luminaire lumens for all luminaires.
2.Â
All luminaires shall be rated and installed using either Option A
or Option B. Only one option may be used per permit application.
(a)Â
Option A: All luminaires shall be rated and installed according
to Figure 7.
(b)Â
Option B: The entire outdoor lighting design shall be analyzed
using industry standard lighting software including interreflections
in the following manner:
(1)Â
Input data shall describe the lighting system including luminaire
locations, mounting heights, aiming directions, and employing photometric
data tested in accordance with IES guidelines. Buildings or other
physical objects on the site within three object heights of the property
line must be included in the calculations.
(2)Â
Analysis shall utilize an enclosure
comprised of calculation planes with zero reflectance values around
the perimeter of the site. The top of the enclosure shall be no less
than 33 feet (10 meters) above the tallest luminaire. Calculations
shall include total lumens upon the inside surfaces of the box top
and vertical sides and maximum vertical illuminance (footcandles and/or
lux) on the sides of the enclosure. The design complies if:
[a]Â
The total lumens on the inside surfaces of the
virtual enclosure are less than 15% of the total site lumen limit;
and
[b]Â
The maximum vertical illuminance on any vertical
surface is less than the allowed maximum illuminance per Figure 10.
Figure 7a - Maximum Allowable Backlight, Uplight and Glare
(BUG) Ratings
|
May be used for any project. A luminaire may be used if it is
rated for the lighting zone of the site or lower in number for all
ratings B, U and G. Luminaires equipped with adjustable mounting devices
permitting alteration of luminaire aiming in the field shall not be
permitted.
|
LZ-0
|
LZ-1
|
LZ-2
|
LZ-3
|
LZ-4
| |
---|---|---|---|---|---|
Allowed Backlight Rating
| |||||
Greater than 2 mounting heights from property line
|
B1
|
B3
|
B4
|
B5
|
B5
|
1 to less than 2 mounting heights from property line and ideally
oriented**
|
B1
|
B2
|
B3
|
B4
|
B4
|
0.5 to 1 mounting heights from property line and ideally oriented**
|
B0
|
B1
|
B2
|
B3
|
B3
|
Less than 0.5 mounting height to property line and properly
oriented**
|
B0
|
B0
|
B0
|
B1
|
B2
|
*
|
For property lines that abut public walkways, bikeways, plazas,
and parking lots, the property line may be considered to be five feet
beyond the actual property line for purpose of determining compliance
with this section. For property lines that abut public roadways and
public transit corridors, the property line may be considered to be
the centerline of the public roadway or public transit corridor for
the purpose of determining compliance with this section. NOTE: This
adjustment is relative to Figure 7a and 7c only and shall not be used
to increase the lighting area of the site.
|
**
|
To be considered "ideally oriented," the luminaire must be mounted
with the backlight portion of the light output oriented perpendicular
and towards the property line of concern.
|
Figure 7b Maximum Allowable Uplight (BUG) Ratings - Continued
|
LZ-0
|
LZ-1
|
LZ-2
|
LZ-3
|
LZ-4
| |
---|---|---|---|---|---|
Allowed uplight rating
|
U0
|
U1
|
U2
|
U3
|
U4
|
Allowed % light emission above 90° for street or area lighting
|
0%
|
0%
|
0%
|
0%
|
0%
|
Figure 7c Maximum Allowable Glare (BUG) Ratings - Continued
|
LZ-0
|
LZ-1
|
LZ-2
|
LZ-3
|
LZ-4
| |
---|---|---|---|---|---|
Allowed Glare Rating
|
G0
|
G1
|
G2
|
G3
|
G4
|
Any luminaire not ideally oriented*** with 1 to less than 2
mounting heights to any property line of concern
|
G0
|
G0
|
G1
|
G1
|
G2
|
Any luminaire not ideally oriented*** with 0.5 to 1 mounting
height to any property line of concern
|
G0
|
G0
|
G0
|
G1
|
G1
|
Any luminaire not ideally oriented*** with less than 0.5 mounting
height to any property line of concern
|
G0
|
G0
|
G0
|
G0
|
G1
|
***
|
Any luminaire that cannot be mounted with its backlight perpendicular
to any property line within two times the mounting heights of the
luminaire location shall meet the reduced allowed glare rating in
Figure 7c.
|
Figure 8 Performance Method Allowed Total Initial Site
Lumens
|
May be used on any project.
|
LZ-0
|
LZ-1
|
LZ-2
|
LZ-3
|
LZ-4
| |
---|---|---|---|---|---|
Allowed lumens per square foot
|
0.5
|
1.25
|
2.5
|
5.0
|
7.5
|
Allowed base lumens per site
|
0
|
3,500
|
7,000
|
14,000
|
21,000
|
Figure 9 Performance Method Additional Initial Luminaire
Lumen Allowances. All of the following are "use it or lose it" allowances.
|
All area and distance measurements in plan view unless otherwise
noted.
|
LZ-0
|
LZ-1
|
LZ-2
|
LZ-3
|
LZ-4
| |
---|---|---|---|---|---|
Additional lumens allowances for all buildings except service
stations and outdoor sales facilities. A maximum of three allowances
are permitted. These allowances are "use it or lose it."
| |||||
Building entrances or exits. This allowance is per door. In
order to use this allowance, luminaires must be within 20 feet of
the door.
|
400
|
1,000
|
2,000
|
4,000
|
6,000
|
Building facades. This allowance is lumens per unit area of
building facade that are illuminated. To use this allowance, luminaires
must be aimed at the facade and capable of illuminating it without
obstruction.
|
0
|
0
|
8 lumens per square foot
|
16 lumens per square foot
|
24 lumens per square foot
|
Sales or non-sales canopies. This allowance is lumens per unit
area for the total area within the drip line of the canopy. In order
to qualify for this allowance, luminaires must be located under the
canopy.
|
0
|
3 lumens per square foot
|
6 lumens per square foot
|
12 lumens per square foot
|
18 lumens per square foot
|
Sales or non-sales canopies. This allowance is lumens per unit
area for the total area within the drip line of the canopy. In order
to qualify for this allowance, luminaires must be located under the
canopy.
|
0
|
6 lumens per square foot
|
12 lumens per square foot
|
24 lumens per square foot
|
36 lumens per square foot
|
Outdoor dining. This allowance is lumens per unit area for the
total illuminated hardscape of outdoor dining. In order to use this
allowance, luminaires must be within 2 mounting heights of the hardscape
area of outdoor dining
|
0
|
1 lumen per square foot
|
5 lumens per square foot
|
10 lumens per square foot
|
15 lumens per square foot
|
Drive-up windows. This allowance is lumens per window. In order
to use this allowance, luminaires must be within 20 feet of the center
of the window.
|
0
|
2,000 lumens per drive-up window
|
4,000 lumens per drive-up window
|
8,000 lumens per drive-up window
|
8,000 lumens per drive-up window
|
Additional lumens allowances for service stations only. Service
stations may not use any other additional allowances.
| |||||
Vehicle service station hardscape. This allowance is lumens
per unit area for the total illuminated hardscape area less area of
buildings, area under canopies, area off property, or areas obstructed
by signs or structures. In order to use this allowance, luminaires
must be illuminating the hardscape area and must not be within a building,
below a canopy, beyond property lines, or obstructed by a sign or
other structure.
|
0
|
4 lumens per square foot
|
8 lumens per square foot
|
16 lumens per square foot
|
24 lumens per square foot
|
Vehicle service station canopies. This allowance is lumens per
unit area for the total area within the drip line of the canopy. In
order to use this allowance, luminaires must be located under the
canopy.
|
0
|
8 lumens per square foot
|
16 lumens per square foot
|
32 lumens per square foot
|
32 lumens per square foot
|
Additional lumens allowances for outdoor sales facilities only.
Outdoor sales facilities may not use any other additional allowances.
NOTICE: lighting permitted by these allowances shall employ controls
extinguishing this lighting after a curfew time to be determined by
the Authority.
| |||||
Outdoor sales lots. This allowance is lumens per square foot
of uncovered sales lots used exclusively for the display of vehicles
or other merchandise for sale, and may not include driveways, parking
or other non-sales areas and shall not exceed 25% of the total hardscape
area. To use this allowance, luminaires must be within 2 mounting
heights of the sales lot area.
|
0
|
4 lumens per square foot
|
8 lumens per square foot
|
12 lumens per square foot
|
18 lumens per square foot
|
Outdoor sales frontage. This allowance is for lineal feet of
sales frontage immediately adjacent to the principal viewing location(s)
and unobstructed for its viewing length. A corner sales lot may include
two adjacent sides provided that a different principal viewing location
exists for each side. In order to use this allowance, luminaires must
be located between the principal viewing location and the frontage
outdoor sales area.
|
0.0
|
0
|
1,000 lumens per linear foot
|
1,500 lumens per linear foot
|
2,000 lumens per linear foot
|
Figure 10 Maximum Vertical Illuminance at any point in
the plane of the property line
|
LZ-0
|
LZ-1
|
LZ-2
|
LZ-3
|
LZ-4
| |
---|---|---|---|---|---|
0.05 footcandle or 0.5 Lux
|
0.1 footcandle or 1.0 Lux
|
0.3 footcandle or 3.0 Lux
|
0.8 footcandle or 8.0 Lux
|
1.5 footcandles or 15.0 Lux
|
a.Â
General Requirements: For residential properties, including multiple
residential properties not having common areas, all outdoor luminaires
shall be fully shielded and shall not exceed the allowed lumen output
in Figure 11, Row 2.
1.Â
Exceptions.
(a)Â
One partly shielded or unshielded luminaire at the main entry,
not exceeding the allowed lumen output in Figure 11, Row 1.
(b)Â
Any other partly shielded or unshielded luminaires not exceeding
the allowed lumen output in Figure 11, Row 3.
(c)Â
Low-voltage landscape lighting aimed away from adjacent properties
and not exceeding the allowed lumen output in Figure 11, Row 4.
(d)Â
Shielded directional flood lighting aimed so that direct glare
is not visible from adjacent properties and not exceeding the allowed
lumen output in Figure 11, Row 5.
(e)Â
Open flame gas lamps.
(f)Â
Lighting installed with a vacancy sensor, where the sensor extinguishes
the lights no more than 15 minutes after the area is vacated.
2.Â
Requirements for residential landscape lighting.
(a)Â
Shall comply with Figure 11.
(b)Â
Shall not be aimed onto adjacent properties.
Figure 11 - Residential Lighting Limits
|
LZ-0
|
LZ-1
|
LZ-2
|
LZ-3
|
LZ-4
| |
---|---|---|---|---|---|
Row 1 Maximum allowed luminaire lumens* for unshielded luminaries
at one entry only
|
Not allowed
|
420 lumens
|
630 lumens
|
630 lumens
|
630 lumens
|
Row 2 Maximum allowed luminaire lumens* for each fully shielded
luminaire
|
630 lumens
|
1,260 lumens
|
1,260 lumens
|
1,260 lumens
|
1,260 lumens
|
Row 3 Maximum allowed luminaire lumens* for each unshielded
luminaire excluding main entry
|
Not allowed
|
315 lumens
|
315 lumens
|
315 lumens
|
315 lumens
|
Row 4 Maximum allowed luminaire lumens* for each landscape lighting
|
Not allowed
|
Not allowed
|
1,050 lumens
|
2,100 lumens
|
2,100 lumens
|
Row 5 Maximum allowed luminaire lumens* for each shielded directional
flood lighting
|
Not allowed
|
Not allowed
|
1,260 lumens
|
2,100 lumens
|
2,100 lumens
|
Row 6 Maximum allowed luminaire lumens* for each low-voltage
landscape lighting
|
Not allowed
|
Not allowed
|
525 lumens
|
525 lumens
|
525 lumens
|
*
|
Luminaire lumens equals initial lamp lumens for a lamp, multiplied
by the number of lamps in the luminaire.
|
[New]
All residential developments must comply with the most recent
addition of the New Jersey Residential Site Improvement Standards
(RSIS) and all its amendments. Where the RSIS do not address a specific
design standard then the relevant standard established in this section
shall apply.
Storm sewers, open channels, bridges and culverts shall be designed
for minimum flow capacities as follows:
Design Capacity
| |
---|---|
Drainage system*
|
25 years
|
Drainage structures**
|
100 years
|
Open channels
|
As determined by the Borough Engineer
|
*Editor's Note: The term drainage system refers to the composite
of all drainage infrastructure improvements.
|
**Editor's Note: The term drainage structures refers to particular
drainage infrastructure improvements such as bridges, culverts, detention
and retention facilities.
|
a.Â
As required, approval for drainage systems of facilities shall be
obtained from the appropriate municipal, County, State and Federal
agencies and offices or such approval shall be a condition of preliminary
approval. When required, each applicant shall make application to
the State Division of Water Policy and Supply of the Department of
Environmental Protection, to the County Engineering Department and
to the Borough Engineer. Letters of approval from the appropriate
governmental authorities shall be furnished to the Board Secretary,
with copies to the Borough Engineer.
b.Â
Where a lot or a tract is traversed by a watercourse, surface or
underground drainage system, channel or stream carrying water from
an adjacent tract of land, there shall be provided and dedicated a
drainage right-of-way easement to the Borough conforming substantially
with the lines of such watercourse, and such further width or construction
or both as will be adequate to accommodate expected stormwater runoff
in the future, based upon reasonable growth potential in the Borough
and in any event, meeting the minimum widths and locations shown on
an adopted Official Map or element of the Master Plan for the Borough,
or where not so shown having a minimum width of twenty (20) feet.
c.Â
The system shall be adequate to carry off or store the stormwater
and natural drainage which originates not only within the lot or tract
boundaries, but also that which originates beyond the lot or tract
boundaries and traverses the site. No stormwater runoff or natural
drainage shall be diverted so as to overload existing drainage systems
or create flooding or the need for additional drainage structures
on other private properties or public lands without adequate provision
for off-tract improvements to accommodate the condition(s). Final
disposition of stormwater shall be to an existing natural watercourse.
d.Â
Street and off-site drainage facilities must be provided with sufficient
catch basins, storm sewers, culverts, swales, and/or other drainage
appurtenances for the proper drainage of the area in light of existing
conditions and the proposed construction of buildings and paved areas.
e.Â
Lots shall be graded to secure proper drainage away from buildings
and into drainage facilities. Additionally, drainage shall be provided
in a manner which will prevent the collection of stormwater in pools
or other unauthorized concentrations of flow. To the extent possible,
grading shall not divert water to flow across property lines.
a.Â
All sump pumps, roof leaders and foundation drains shall be connected
to the stormwater system, if available. No connections shall be permitted
into any sanitary sewer.
[Amended 7-16-2019 by Ord. No. 13-2019]
b.Â
To prevent water from entering basements or cellars in areas where
a high water table exists or is anticipated, as determined from secondary
sources, the Board shall require the applicant to provide adequate
subsurface drainage facilities before any basements or cellars are
approved for construction.
Storm sewers and culverts shall be constructed of reinforced
concrete pipe, corrugated metal pipe, or aluminum culvert pipe as
hereinafter specified.
a.Â
Reinforced concrete pipe shall conform to the requirements of "Standard
Specifications for Reinforced Concrete Pipes, A.S.T.M. designation
C-76" of the year of last revision.
b.Â
Corrugated metal pipe shall conform to the requirements of current
A.A.S.H.O. specifications, designation M-36, for corrugated metal
culvert pipe, and, in addition shall be provided with an exterior
bituminous lining applied by a centrifugal method, extending not less
than one-eighth (1/8) inch beyond the rest of the corrugations forming
the entire inner circumference of the pipe. After application of the
lining, the internal diameter of twelve (12) to twenty-four (24) inch
pipe shall not vary more than one and one-half (1.5%) percent from
the nominal diameter. The internal diameter of larger pipe after application
of the lining shall not vary more than one (1%) percent or three-eights
(3/8) inch whichever is greater, from the nominal diameter. Material
for lining shall conform to the requirements of Article 8.1.3 of the
New Jersey State Highway Department Standard Specifications for Road
and Bridge Construction for 1961 as amended.
c.Â
Where adequate to accommodate stormwater runoff, six (6) inch PVC
may be used to connect yard drains, leaders, etc. However, adequate
cleanouts shall be provided to allow for maintenance of the system.
Editor's Note: Ord. No. 19-2021 amended § 30-512 in entirety. Prior history includes Ord. No. 10-2006 and ORd. No. 26-2006.
[Added 7-27-2021 by Ord.
No. 19-2021]
a.Â
Policy Statement. Flood control, groundwater recharge, and pollutant
reduction shall be achieved through the use of stormwater management
measures, including green infrastructure Best Management Practices
(GI BMPs) and nonstructural stormwater management strategies. GI BMPs
and low impact development (LID) should be utilized to meet the goal
of maintaining natural hydrology to reduce stormwater runoff volume,
reduce erosion, encourage infiltration and groundwater recharge, and
reduce pollution. GI BMPs and LID should be developed based upon physical
site conditions and the origin, nature and the anticipated quantity,
or amount, of potential pollutants. Multiple stormwater management
BMPs may be necessary to achieve the established performance standards
for water quality, quantity, and groundwater recharge.
b.Â
Purpose. The purpose of this section is to establish minimum stormwater management requirements and controls for "major development," as defined below in § 30-512.2.
c.Â
d.Â
Compatibility with Other Permit and Ordinance Requirements. Development
approvals issued pursuant to this section are to be considered an
integral part of development approvals and do not relieve the applicant
of the responsibility to secure required permits or approvals for
activities regulated by any other applicable code, rule, act, or ordinance.
In their interpretation and application, the provisions of this section
shall be held to be the minimum requirements for the promotion of
the public health, safety, and general welfare.
This section is not intended to interfere with, abrogate, or
annul any other ordinances, rule or regulation, statute, or other
provision of law except that, where any provision of this section
imposes restrictions different from those imposed by any other ordinance,
rule or regulation, or other provision of law, the more restrictive
provisions or higher standards shall control.
[Added 7-27-2021 by Ord.
No. 19-2021]
For the purpose of this section, the following terms, phrases,
words and their derivations shall have the meanings stated herein
unless their use in the text of this section clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory. The definitions below are the same as or
based on the corresponding definitions in the Stormwater Management
Rules at N.J.A.C. 7:8-1.2.
Means those areas with boundaries incorporated by reference
or revised by the Department in accordance with N.J.A.C. 7:7-13.16.
Means the map used by the Department to identify the location
of Coastal Planning Areas, CAFRA centers, CAFRA cores, and CAFRA nodes.
The CAFRA Planning Map is available on the Department's Geographic
Information System (GIS).
Means an infiltration system, sand filter designed to infiltrate,
standard constructed wetland, or wet pond, established in accordance
with N.J.A.C. 7:8-4.2(c)14, that is designed and constructed in accordance
with the New Jersey Stormwater Best Management Practices Manual, or
an alternate design, approved in accordance with N.J.A.C. 7:8-5.2(g),
for an infiltration system, sand filter designed to infiltrate, standard
constructed wetland, or wet pond and that complies with the requirements
of this section.
Means the increase in soil bulk density.
Means the area from which stormwater runoff drains to a stormwater
management measure, not including the area of the stormwater management
measure itself.
Means a pedestrian-oriented area of commercial and civic
uses serving the surrounding municipality, generally including housing
and access to public transportation.
Means an agency designated by the Board of County Commissioners
of Essex County to review municipal stormwater management plans and
implementing ordinance(s). The county review agency may either be:
Means the Department of Environmental Protection.
Means a person professionally qualified and duly licensed
in New Jersey to perform engineering services that may include, but
not necessarily be limited to, development of project requirements,
creation and development of project design and preparation of drawings
and specifications.
Means a State Development and Redevelopment Plan Center as
designated by the State Planning Commission such as urban, regional,
town, village, or hamlet.
Means the division of a parcel of land into two or more parcels,
the construction, reconstruction, conversion, structural alteration,
relocation or enlargement of any building or structure, any mining
excavation or landfill, and any use or change in the use of any building
or other structure, or land or extension of use of land, for which
permission is required under the Municipal Land Use Law, N.J.S.A.
40:55D-1 et seq.
In the case of development of agricultural land,
development means: any activity that requires a State permit, any
activity reviewed by the County Agricultural Board (CAB) and the State
Agricultural Development Committee (SADC), and municipal review of
any activity not exempted by the Right to Farm Act, N.J.S.A. 4:1C-1
et seq.
|
Means the placement or reconstruction of impervious surface
or motor vehicle surface, or exposure and/or movement of soil or bedrock
or clearing, cutting, or removing of vegetation. Milling and repaving
is not considered disturbance for the purposes of this definition.
Means a geographic area within which stormwater, sediments,
or dissolved materials drain to a particular receiving waterbody or
to a particular point along a receiving waterbody.
Means neighborhoods designated by the Urban Coordinating
Council "in consultation and conjunction with" the New Jersey Redevelopment
Authority pursuant to N.J.S.A. 55:19-69.
Means the following areas where the physical alteration of
the land is in some way restricted, either through regulation, easement,
deed restriction or ownership such as: wetlands, floodplains, threatened
and endangered species sites or designated habitats, and parks and
preserves. Habitats of endangered or threatened species are identified
using the Department's Landscape Project as approved by the Department's
Endangered and Nongame Species Program.
Means an area or feature which is of significant environmental
value, including but not limited to: stream corridors, natural heritage
priority sites, habitats of endangered or threatened species, large
areas of contiguous open space or upland forest, steep slopes, and
well head protection and groundwater recharge areas. Habitats of endangered
or threatened species are identified using the Department's Landscape
Project as approved by the Department's Endangered and Nongame
Species Program.
Means the detachment and movement of soil or rock fragments
by water, wind, ice, or gravity.
Means a stormwater management measure that manages stormwater
close to its source by:
Means an area within which water drains to a particular receiving
surface water body, also known as a subwatershed, which is identified
by a fourteen-digit hydrologic unit boundary designation, delineated
within New Jersey by the United States Geological Survey.
Means a surface that has been covered with a layer of material
so that it is highly resistant to infiltration by water.
The process by which water seeps into the soil from precipitation.
Means one or more public entities having stormwater management
planning authority designated by the regional stormwater management
planning committee pursuant to N.J.A.C. 7:8-3.2, that serves as the
primary representative of the committee.
Means an individual "development," as well as multiple developments
that individually or collectively result in:
The disturbance of one or more acres of land since February
2, 2004;
The creation of one-quarter acre or more of "regulated impervious
surface" since February 2, 2004;
The creation of one-quarter acre or more of "regulated motor
vehicle surface" since March 2, 2021; or
A combination of paragraphs b and c above that totals an area
of one-quarter acre or more. The same surface shall not be counted
twice when determining if the combination area equals one-quarter
acre or more.
Major development includes all developments that are part of
a common plan of development or sale (for example, phased residential
development) that collectively or individually meet any one or more
of paragraphs a, b, c or d above. Projects undertaken by any government
agency that otherwise meet the definition of "major development" but
which do not require approval under the Municipal Land Use Law, N.J.S.A.
40:55D-1 et seq., are also considered "major development."
|
Means land vehicles propelled other than by muscular power,
such as automobiles, motorcycles, autocycles, and low speed vehicles.
For the purposes of this definition, motor vehicle does not include
farm equipment, snowmobiles, all-terrain vehicles, motorized wheelchairs,
go-carts, gas buggies, golf carts, ski-slope grooming machines, or
vehicles that run only on rails or tracks.
Means any pervious or impervious surface that is intended
to be used by "motor vehicles" and/or aircraft, and is directly exposed
to precipitation including, but not limited to, driveways, parking
areas, parking garages, roads, racetracks, and runways.
Means any city, borough, town, township, or village.
Means the manual maintained by the Department providing, in part, design specifications, removal rates, calculation methods, and soil testing procedures approved by the Department as being capable of contributing to the achievement of the stormwater management standards specified in this section. The BMP Manual is periodically amended by the Department as necessary to provide design specifications on additional best management practices and new information on already included practices reflecting the best available current information regarding the particular practice and the Department's determination as to the ability of that best management practice to contribute to compliance with the standards contained in this section. Alternative stormwater management measures, removal rates, or calculation methods may be utilized, subject to any limitations specified in this section, provided the design engineer demonstrates to the municipality, in accordance with § 30-512.4f and N.J.A.C. 7:8-5.2(g), that the proposed measure and its design will contribute to achievement of the design and performance standards established by this section.
Means an area designated by the State Planning Commission
concentrating facilities and activities which are not organized in
a compact form.
Means a chemical element or compound, such as nitrogen or
phosphorus, which is essential to and promotes the development of
organisms.
Means any individual, corporation, company, partnership,
firm, association, political subdivision of this State and any state,
interstate or Federal agency.
Means any dredged spoil, solid waste, incinerator residue,
filter backwash, sewage, garbage, refuse, oil, grease, sewage sludge,
munitions, chemical wastes, biological materials, medical wastes,
radioactive substance (except those regulated under the Atomic Energy
Act of 1954, as amended (42 U.S.C. §§ 2011 et seq.)),
thermal waste, wrecked or discarded equipment, rock, sand, cellar
dirt, industrial, municipal, agricultural, and construction waste
or runoff, or other residue discharged directly or indirectly to the
land, ground waters or surface waters of the State, or to a domestic
treatment works. Includes both hazardous and nonhazardous pollutants.
Means the amount of water from precipitation that infiltrates
into the ground and is not evapotranspired.
Means any of the following, alone or in combination:
A net increase of impervious surface;
The total area of impervious surface collected by a new stormwater
conveyance system (for the purpose of this definition, a "new stormwater
conveyance system" is a stormwater conveyance system that is constructed
where one did not exist immediately prior to its construction or an
existing system for which a new discharge location is created);
The total area of impervious surface proposed to be newly collected
by an existing stormwater conveyance system; and/or
The total area of impervious surface collected by an existing
stormwater conveyance system where the capacity of that conveyance
system is increased.
Means any of the following, alone or in combination:
The total area of motor vehicle surface that is currently receiving
water;
A net increase in motor vehicle surface; and/or quality treatment
either by vegetation or soil, by an existing stormwater management
measure, or by treatment at a wastewater treatment plant, where the
water quality treatment will be modified or removed.
Means solid material, mineral or organic, that is in suspension,
is being transported, or has been moved from its site of origin by
air, water or gravity as a product of erosion.
Means the lot or lots upon which a major development is to
occur or has occurred.
Means all unconsolidated mineral and organic material of
any origin.
Means an area delineated on the State Plan Policy Map and
adopted by the State Planning Commission that is intended to be the
focus for much of the State's future redevelopment and revitalization
efforts.
The geographic application of the State Development and Redevelopment
Plan's goals and statewide policies, and the official map of
these goals and policies.
Means water resulting from precipitation (including rain
and snow) that runs off the land's surface, is transmitted to
the subsurface, or is captured by separate storm sewers or other sewage
or drainage facilities, or conveyed by snow removal equipment.
Means an excavation or embankment and related areas designed
to retain stormwater runoff. A stormwater management BMP may either
be normally dry (that is, a detention basin or infiltration system),
retain water in a permanent pool (a retention basin), or be planted
mainly with wetland vegetation (most constructed stormwater wetlands).
Means any practice, technology, process, program, or other
method intended to control or reduce stormwater runoff and associated
pollutants, or to induce or control the infiltration or groundwater
recharge of stormwater or to eliminate illicit or illegal non-stormwater
discharges into stormwater conveyances.
Means a public body authorized by legislation to prepare
stormwater management plans.
Means the geographic area for which a stormwater management
planning agency is authorized to prepare stormwater management plans,
or a specific portion of that area identified in a stormwater management
plan prepared by that agency.
Means water flow on the surface of the ground or in storm
sewers, resulting from precipitation.
Means a flood hazard area in which the flood elevation resulting
from the two-, ten-, or 100-year storm, as applicable, is governed
by tidal flooding from the Atlantic Ocean. Flooding in a tidal flood
hazard area may be contributed to, or influenced by, stormwater runoff
from inland areas, but the depth of flooding generated by the tidal
rise and fall of the Atlantic Ocean is greater than flooding from
any fluvial sources. In some situations, depending upon the extent
of the storm surge from a particular storm event, a flood hazard area
may be tidal in the 100-year storm, but fluvial in more frequent storm
events.
Means a neighborhood given priority access to State resources
through the New Jersey Redevelopment Authority.
Means a zone designated by the New Jersey Enterprise Zone
Authority pursuant to the New Jersey Urban Enterprise Zones Act, N.J.S.A.
52:27H-60 et. seq.
Previously developed portions of areas:
Means a structure within, or adjacent to, a water, which
intentionally or coincidentally alters the hydraulic capacity, the
flood elevation resulting from the two-, ten-, or 100-year storm,
flood hazard area limit, and/or floodway limit of the water. Examples
of a water control structure may include a bridge, culvert, dam, embankment,
ford (if above grade), retaining wall, and weir.
Means the ocean and its estuaries, all springs, streams,
wetlands, and bodies of surface or groundwater, whether natural or
artificial, within the boundaries of the State of New Jersey or subject
to its jurisdiction.
Means an area that is inundated or saturated by surface water
or ground water at a frequency and duration sufficient to support,
and that under normal circumstances does support, a prevalence of
vegetation typically, adapted for life in saturated soil conditions,
commonly known as hydrophytic vegetation.
[Added 7-27-2021 by Ord.
No. 19-2021]
a.Â
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.Â
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.Â
The minimum standards for groundwater recharge, stormwater quality,
and stormwater runoff quantity shall be met by incorporating green
infrastructure.
b.Â
The standards in this section apply only to new major development
and are intended to minimize the impact of stormwater runoff on water
quality and water quantity in receiving water bodies and maintain
groundwater recharge. The standards do not apply to new major development
to the extent that alternative design and performance standards are
applicable under a regional stormwater management plan or Water Quality
Management Plan adopted in accordance with Department rules.
[Added 7-27-2021 by Ord.
No. 19-2021]
a.Â
The development shall incorporate a maintenance plan for the stormwater management measures incorporated into the design of a major development in accordance with § 30-512.10.
b.Â
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 muhlenbergii (bog turtle).
c.Â
The following linear development projects are exempt from the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity requirements of § 30-512.4p, q and r:
1.Â
The construction of an underground utility line provided that the
disturbed areas are revegetated upon completion;
2.Â
The construction of an aboveground utility line provided that the
existing conditions are maintained to the maximum extent practicable;
and
3.Â
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.Â
A waiver from strict compliance from the green infrastructure, groundwater recharge, stormwater runoff quality, and stormwater runoff quantity requirements of § 30-512.4o, p, q and r may be obtained for the enlargement of an existing public roadway or railroad; or the construction or enlargement of a public pedestrian access, provided that the following conditions are met:
1.Â
The applicant demonstrates that there is a public need for the project
that cannot be accomplished by any other means;
3.Â
The applicant demonstrates that, in order to meet the requirements of § 30-512.4,o, p, q and r, existing structures currently in use, such as homes and buildings, would need to be condemned; and
4.Â
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 § 30-512.4d3 above within the upstream drainage area of the receiving stream, that would provide additional opportunities to mitigate the requirements of § 30-512.4o, p, q and r that were not achievable onsite.
e.Â
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 § 30-512.4o, p, q and r. When designed in accordance with the most current version of the New Jersey Stormwater Best Management Practices Manual, the stormwater management measures found at N.J.A.C. 7:8-5.2 (f) Tables 5-1, 5-2 and 5-3 and listed below in Tables 1, 2 and 3 are presumed to be capable of providing stormwater controls for the design and performance standards as outlined in the tables below. Upon amendments of the New Jersey Stormwater Best Management Practices to reflect additions or deletions of BMPs meeting these standards, or changes in the presumed performance of BMPs designed in accordance with the New Jersey Stormwater BMP Manual, the Department shall publish in the New Jersey Registers a notice of administrative change revising the applicable table. The most current version of the BMP Manual can be found on the Department's website at: https://njstormwater.org/bmp_manual2.htm.
f.Â
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 to 80
|
No
|
No
|
—
|
(Notes corresponding to annotations (a) through (g) are found under Table 3.)
|
Table 2
Green Infrastructure BMPs for Stormwater Runoff Quantity
(or for Groundwater Recharge and/or Stormwater Runoff Quality
with a Waiver or Variance from N.J.A.C. 7:8-5.3)
| ||||
---|---|---|---|---|
Best Management Practice
|
Stormwater Runoff Quality TSS Removal Rate
(percent)
|
Stormwater Runoff Quantity
|
Groundwater Recharge
|
Minimum Separation from Seasonal High Water Table
(feet)
|
Bioretention system
|
80 or 90
|
Yes
|
Yes(b)
No(c)
|
2(b)
1(c)
|
Infiltration basin
|
80
|
Yes
|
Yes
|
2
|
Sand filter(b)
|
80
|
Yes
|
Yes
|
2
|
Standard constructed wetland
|
90
|
Yes
|
No
|
N/A
|
Wet pond(d)
|
50 to 90
|
Yes
|
No
|
N/A
|
(Notes corresponding to annotations (b) through (d) are found under Table 3.)
|
Table 3
BMPs for Groundwater Recharge, Stormwater Runoff
Quality, and/or Stormwater Runoff Quantity
only with a Waiver or Variance from N.J.A.C. 7:8-5.3
| ||||
---|---|---|---|---|
Best Management Practice
|
Stormwater Runoff Quality TSS Removal Rate
(percent)
|
Stormwater Runoff Quantity
|
Groundwater Recharge
|
Minimum Separation from Seasonal High Water Table
(feet)
|
Blue roof
|
0
|
Yes
|
No
|
N/A
|
Extended detention basin
|
40 to 60
|
Yes
|
No
|
1
|
Manufactured treatment device(h)
|
50 or 80
|
No
|
No
|
Dependent upon the device
|
Sand filter(c)
|
80
|
Yes
|
No
|
1
|
Subsurface gravel wetland
|
90
|
No
|
No
|
1
|
Wet pond
|
50 to 90
|
Yes
|
No
|
N/A
|
Notes to Tables 1, 2, and 3:
| |
---|---|
(a)
|
Subject to the applicable contributory drainage area limitation specified at § 30-512.4o2;
|
(b)
|
Designed to infiltrate into the subsoil;
|
(c)
|
Designed with underdrains;
|
(d)
|
Designed to maintain at least a ten-foot-wide area of native
vegetation along at least 50% of the shoreline and to include a stormwater
runoff retention component designed to capture stormwater runoff for
beneficial reuse, such as irrigation;
|
(e)
|
Designed with a slope of less than 2%;
|
(f)
|
Designed with a slope of equal to or greater than 2%;
|
(g)
|
Manufactured treatment devices that meet the definition of green infrastructure at § 30-512.2;
|
(h)
|
Manufactured treatment devices that do not meet the definition of green infrastructure at § 30-512.2.
|
g.Â
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 § 30-512.6b. Alternative stormwater management measures may be used to satisfy the requirements at § 30-512.4o only if the measures meet the definition of green infrastructure at § 30-512.2. Alternative stormwater management measures that function in a similar manner to a BMP listed at § 30-512.4o2 are subject to the contributory drainage area limitation specified at § 30-512.4o2 for that similarly functioning BMP. Alternative stormwater management measures approved in accordance with this subsection that do not function in a similar manner to any BMP listed at § 30-512.4o2 shall have a contributory drainage area less than or equal to 2.5 acres, except for alternative stormwater management measures that function similarly to cisterns, grass swales, green roofs, standard constructed wetlands, vegetative filter strips, and wet ponds, which are not subject to a contributory drainage area limitation. Alternative measures that function similarly to standard constructed wetlands or wet ponds shall not be used for compliance with the stormwater runoff quality standard unless a variance in accordance with N.J.A.C. 7:8-4.6 or a waiver from strict compliance in accordance with § 30-512.4d is granted from § 30-512.4o.
h.Â
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.Â
Design standards for stormwater management measures are as follows:
1.Â
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.Â
Stormwater management measures shall be designed to minimize maintenance, facilitate maintenance and repairs, and ensure proper functioning. Trash racks shall be installed at the intake to the outlet structure, as appropriate, and shall have parallel bars with one-inch spacing between the bars to the elevation of the water quality design storm. For elevations higher than the water quality design storm, the parallel bars at the outlet structure shall be spaced no greater than one-third the width of the diameter of the orifice or one-third the width of the weir, with a minimum spacing between bars of one inch and a maximum spacing between bars of six inches. In addition, the design of trash racks must comply with the requirements of § 30-512.8c;
3.Â
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.Â
Stormwater management BMPs shall be designed to meet the minimum safety standards for stormwater management BMPs at § 30-512.8; and
5.Â
The size of the orifice at the intake to the outlet from the stormwater
management BMP shall be a minimum of 2Â 1/2 inches in diameter.
j.Â
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 § 30-512.2 may be used only under the circumstances described at § 30-512.4o4.
k.Â
Any application for a new agricultural development that meets the definition of major development at § 30-512.2 shall be submitted to the Soil Conservation District for review and approval in accordance with the requirements at § 30-512.4o, p, q and r and any applicable Soil Conservation District guidelines for stormwater runoff quantity and erosion control. For purposes of this subsection, "agricultural development" means land uses normally associated with the production of food, fiber, and livestock for sale. Such uses do not include the development of land for the processing or sale of food and the manufacture of agriculturally related products.
l.Â
If there is more than one drainage area, the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at § 30-512.4p, q and r shall be met in each drainage area, unless the runoff from the drainage areas converge onsite and no adverse environmental impact would occur as a result of compliance with any one or more of the individual standards being determined utilizing a weighted average of the results achieved for that individual standard across the affected drainage areas.
m.Â
Any stormwater management measure authorized under the municipal stormwater management plan or ordinance shall be reflected in a deed notice recorded in the Essex County Clerk's Office located at: 465 Dr Martin Luther King Jr Boulevard, Newark, New Jersey 07102. 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 § 30-512.4o, p, q and r and shall identify the location of the stormwater management measure(s) in NAD 1983 State Plane New Jersey FIPS 2900 US feet or latitude and longitude in decimal degrees. The deed notice shall also reference the maintenance plan required to be recorded upon the deed pursuant to § 30-512.10b5. 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.Â
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 § 30-512.4 and provides the same level of stormwater management as the previously approved stormwater management measure that is being altered or replaced. If an alteration or replacement is approved, a revised deed notice shall be submitted to the municipality for approval and subsequently recorded with the Office of the Clerk of the County of Essex and shall contain a description and location of the stormwater management measure, as well as reference to the maintenance plan, in accordance with paragraph m above. Prior to the commencement of construction, proof that the above required deed notice has been filed shall be submitted to the municipality in accordance with paragraph m above.
o.Â
Green Infrastructure Standards.
1.Â
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.Â
To satisfy the groundwater recharge and stormwater runoff quality standards at § 30-512.4p and q, the design engineer shall utilize green infrastructure BMPs identified in Table 1 at § 30-512.4,f and/or an alternative stormwater management measure approved in accordance with § 30-512.4g. The following green infrastructure BMPs are subject to the following maximum contributory drainage area limitations:
Best Management Practice
|
Maximum Contributory Drainage Area
|
---|---|
Dry well
|
1 acre
|
Manufactured treatment device
|
2.5 acres
|
Pervious pavement systems
|
Area of additional inflow cannot exceed three times the area
occupied by the BMP
|
Small-scale bioretention systems
|
2.5 acres
|
Small-scale infiltration basin
|
2.5 acres
|
Small-scale sand filter
|
2.5 acres
|
4.Â
If a variance in accordance with N.J.A.C. 7:8-4.6 or a waiver from strict compliance in accordance with § 30-512.4d is granted from the requirements of this subsection, then BMPs from Table 1, 2, or 3, and/or an alternative stormwater management measure approved in accordance with § 30-512.4g may be used to meet the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at § 30-512.4p, q and r.
5.Â
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 § 30-512.4p, q and r, unless the project is granted a waiver from strict compliance in accordance with § 30-512.4d.
p.Â
Groundwater Recharge Standards.
1.Â
This subsection contains the minimum design and performance standards
for groundwater recharge as follows.
2.Â
The design engineer shall, using the assumptions and factors for stormwater runoff and groundwater recharge calculations at § 30-512.5, either:
(a)Â
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)Â
Demonstrate through hydrologic and hydraulic analysis that the
increase of stormwater runoff volume from pre-construction to post-construction
for the two-year storm is infiltrated.
3.Â
This groundwater recharge requirement does not apply to projects
within the "urban redevelopment area," or to projects subject to paragraph
4 below.
4.Â
The following types of stormwater shall not be recharged:
(a)Â
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)Â
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.Â
Stormwater Runoff Quality Standards.
1.Â
This subsection contains the minimum design and performance standards
to control stormwater runoff quality impacts of major development.
Stormwater runoff quality standards are applicable when the major
development results in an increase of one-quarter acre or more of
regulated motor vehicle surface.
2.Â
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)Â
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)Â
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.Â
The requirement to reduce TSS does not apply to any stormwater runoff
in a discharge regulated under a numeric effluent limitation for TSS
imposed under the New Jersey Pollutant Discharge Elimination System
(NJPDES) rules, N.J.A.C. 7:14A, or in a discharge specifically exempt
under a NJPDES permit from this requirement. Every major development,
including any that discharge into a combined sewer system, shall comply
with Paragraph 2 above, unless the major development is itself subject
to a NJPDES permit with a numeric effluent limitation for TSS or the
NJPDES permit to which the major development is subject exempts the
development from a numeric effluent limitation for TSS.
4.Â
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.Â
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.Â
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 § 30-512.4p, q and r.
7.Â
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.Â
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.Â
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.Â
This stormwater runoff quality standards do not apply to the
construction of one individual single-family dwelling, provided that
it is not part of a larger development or subdivision that has received
preliminary or final site plan approval prior to December 3, 2018,
and that the motor vehicle surfaces are made of permeable material(s)
such as gravel, dirt, and/or shells.
r.Â
Stormwater Runoff Quantity Standards.
1.Â
This subsection contains the minimum design and performance standards
to control stormwater runoff quantity impacts of major development.
2.Â
In order to control stormwater runoff quantity impacts, the design engineer shall, using the assumptions and factors for stormwater runoff calculations at § 30-512.5, complete one of the following:
(a)Â
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)Â
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)Â
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)Â
In tidal flood hazard areas, stormwater runoff quantity analysis
in accordance with paragraphs 2(a), 2(b) and 2(c) above is required
unless the design engineer demonstrates through hydrologic and hydraulic
analysis that the increased volume, change in timing, or increased
rate of the stormwater runoff, or any combination of the three will
not result in additional flood damage below the point of discharge
of the major development. No analysis is required if the stormwater
is discharged directly into any ocean, bay, inlet, or the reach of
any watercourse between its confluence with an ocean, bay, or inlet
and downstream of the first water control structure.
3.Â
The stormwater runoff quantity standards shall be applied at the
site's boundary to each abutting lot, roadway, watercourse, or
receiving storm sewer system.
[Added 7-27-2021 by Ord.
No. 19-2021]
a.Â
Stormwater runoff shall be calculated in accordance with the following:
1.Â
The design engineer shall calculate runoff using one of the following
methods:
(a)Â
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)Â
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/2014NJSoilErosion_ControlStandardsComplete.pdf.
2.Â
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 § 30-512.5a1(a) and the Rational and Modified Rational Methods at § 30-512.5a1(b). A runoff coefficient or a groundwater recharge land cover for an existing condition may be used on all or a portion of the site if the design engineer verifies that the hydrologic condition has existed on the site or portion of the site for at least five years without interruption prior to the time of application. If more than one land cover have existed on the site during the five years immediately prior to the time of application, the land cover with the lowest runoff potential shall be used for the computations. In addition, there is the presumption that the site is in good hydrologic condition (if the land use type is pasture, lawn, or park), with good cover (if the land use type is woods), or with good hydrologic condition and conservation treatment (if the land use type is cultivation).
3.Â
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 preconstruction stormwater runoff rates and volumes.
4.Â
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.Â
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.Â
Groundwater recharge may be calculated in accordance with the following:
The New Jersey Geological Survey Report GSR-32, A Method for Evaluating
Groundwater-Recharge Areas in New Jersey, incorporated herein by reference
as amended and supplemented. Information regarding the methodology
is available from the New Jersey Stormwater Best Management Practices
Manual; at the New Jersey Geological Survey website at: https://www.nj.gov/dep/njgs/pricelst/gsreport/gsr32.pdf
or at New Jersey Geological and Water Survey, 29 Arctic Parkway, PO
Box 420 Mail Code 29-01, Trenton, New Jersey 08625-0420.
[Added 7-27-2021 by Ord.
No. 19-2021]
a.Â
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.Â
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.Â
Additional maintenance guidance is available on the Department's
website at: https://www.njstormwater.org/maintenance_guidance.htm.
b.Â
Submissions required for review by the Department should be mailed
to: The Division of Water Quality, New Jersey Department of Environmental
Protection, Mail Code 401-02B, PO Box 420, Trenton, New Jersey 08625-0420.
[Added 7-27-2021 by Ord.
No. 19-2021]
a.Â
Site design features identified under § 30-512.4f above, or alternative designs in accordance with § 30-512.4g above, to prevent discharge of trash and debris from drainage systems shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets. For purposes of this paragraph, "solid and floatable materials" means sediment, debris, trash, and other floating, suspended, or settleable solids. For exemptions to this standard see § 30-512.7a2 below.
1.Â
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)Â
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)Â
A different grate, if each individual clear space in that grate
has an area of no more than seven square inches, or is no greater
than 0.5 inch across the smallest dimension.
Examples of grates subject to this standard include grates in
grate inlets, the grate portion (non-curb-opening portion) of combination
inlets, grates on storm sewer manholes, ditch grates, trench grates,
and grates of spacer bars in slotted drains. Examples of ground surfaces
include surfaces of roads (including bridges), driveways, parking
areas, bikeways, plazas, sidewalks, lawns, fields, open channels,
and stormwater system floors used to collect stormwater from the surface
into a storm drain or surface water body.
(c)Â
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.Â
The standard in paragraph a1 above does not apply:
(a)Â
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)Â
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)Â
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)Â
A rectangular space 4.625 inches long and 1.5 inches wide (this
option does not apply for outfall netting facilities); or
(2)Â
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)Â
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)Â
Where the New Jersey Department of Environmental Protection
determines, pursuant to the New Jersey Register of Historic Places
Rules at N.J.A.C. 7:4-7.2(c), that action to meet this standard is
an undertaking that constitutes an encroachment or will damage or
destroy the New Jersey Register listed historic property.
[Added 7-27-2021 by Ord.
No. 19-2021]
a.Â
This section sets forth requirements to protect public safety through
the proper design and operation of stormwater management BMPs. This
section applies to any new stormwater management BMP.
b.Â
The provisions of this section are not intended to preempt more stringent municipal or county safety requirements for new or existing stormwater management BMPs. Municipal and county stormwater management plans and ordinances may, pursuant to their authority, require existing stormwater management BMPs to be retrofitted to meet one or more of the safety standards in § 30-512.8c1, § 30-512.8c2, and § 30-512.8c3 for trash racks, overflow grates, and escape provisions at outlet structures.
c.Â
Requirements for Trash Racks, Overflow Grates and Escape Provisions.
1.Â
A trash rack is a device designed to catch trash and debris and prevent
the clogging of outlet structures. Trash racks shall be installed
at the intake to the outlet from the Stormwater management BMP to
ensure proper functioning of the BMP outlets in accordance with the
following:
(a)Â
The trash rack shall have parallel bars, with no greater than
six-inch spacing between the bars;
(b)Â
The trash rack shall be designed so as not to adversely affect
the hydraulic performance of the outlet pipe or structure;
(c)Â
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)Â
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.Â
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)Â
The overflow grate shall be secured to the outlet structure
but removable for emergencies and maintenance.
(b)Â
The overflow grate spacing shall be no less than two inches
across the smallest dimension.
(c)Â
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.Â
Stormwater management BMPs shall include escape provisions as follows:
(a)Â
If a stormwater management BMP has an outlet structure, escape provisions shall be incorporated in or on the structure. Escape provisions include the installation of permanent ladders, steps, rungs, or other features that provide easily accessible means of egress from stormwater management BMPs. With the prior approval of the municipality pursuant to § 30-512.8c, a free-standing outlet structure may be exempted from this requirement;
(b)Â
Safety ledges shall be constructed on the slopes of all new stormwater management BMPs having a permanent pool of water deeper than 2 1/2 feet. Safety ledges shall be comprised of two steps. Each step shall be four to six feet in width. One step shall be located approximately 2 1/2 feet below the permanent water surface, and the second step shall be located one to 1 1/2 feet above the permanent water surface. See § 30-512.8e for an illustration of safety ledges in a stormwater management BMP; and
(c)Â
In new stormwater management BMPs, the maximum interior slope
for an earthen dam, embankment, or berm shall not be steeper than
three horizontal to one vertical.
d.Â
Variance or Exemption from Safety Standard. A variance or exemption
from the safety standards for stormwater management BMPs may be granted
only upon a written finding by the municipality that the variance
or exemption will not constitute a threat to public safety.
[Added 7-27-2021 by Ord.
No. 19-2021]
a.Â
Submission of Site Development Stormwater Plan.
1.Â
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 § 30-512.9c below as part of the submission of the application for approval.
2.Â
The applicant shall demonstrate that the project meets the standards
set forth in this section.
b.Â
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.Â
Submission of Site Development Stormwater Plan. The following information
shall be required:
1.Â
Topographic Base Map. The reviewing engineer may require upstream
tributary drainage system information as necessary. It is recommended
that the topographic base map of the site be submitted which extends
a minimum of 200 feet beyond the limits of the proposed development,
at a scale of one inch equals 200 feet or greater, showing two-foot
contour intervals. The map as appropriate may indicate the following:
existing surface water drainage, shorelines, steep slopes, soils,
erodible soils, perennial or intermittent streams that drain into
or upstream of the Category One waters, wetlands and flood plains
along with their appropriate buffer strips, marshlands and other wetlands,
pervious or vegetative surfaces, existing man-made structures, roads,
bearing and distances of property lines, and significant natural and
manmade features not otherwise shown.
2.Â
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.Â
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.Â
Land Use Planning and Source Control Plan. This plan shall provide a demonstration of how the goals and standards of § 30-512.3 through § 30-512.5 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.Â
Stormwater Management Facilities Map. The following information,
illustrated on a map of the same scale as the topographic base map,
shall be included:
(a)Â
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)Â
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.Â
Calculations.
(a)Â
Comprehensive hydrologic and hydraulic design calculations for the pre-development and post-development conditions for the design storms specified in § 30-512.4.
(b)Â
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.Â
Maintenance and Repair Plan. The design and planning of the stormwater management facility shall meet the maintenance requirements of § 30-512.10.
8.Â
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 § 30-512.9c1 through § 30-512.9c6 when it can be demonstrated that the information requested is impossible to obtain or it would create a hardship on the applicant to obtain and its absence will not materially affect the review process.
[Added 7-27-2021 by Ord.
No. 19-2021]
a.Â
Applicability. Projects subject to review as in § 30-512.1c of this section shall comply with the requirements of § 30-512.10b and § 30-512.10c.
b.Â
General Maintenance.
1.Â
The design engineer shall prepare a maintenance plan for the stormwater
management measures incorporated into the design of a major development.
2.Â
The maintenance plan shall contain specific preventative maintenance tasks and schedules; cost estimates, including estimated cost of sediment, debris, or trash removal; and the name, address, and telephone number of the person or persons responsible for preventative and corrective maintenance (including replacement). The plan shall contain information on BMP location, design, ownership, maintenance tasks and frequencies, and other details as specified in Chapter 8 of the NJ BMP Manual, as well as the tasks specific to the type of BMP, as described in the applicable chapter containing design specifics.
3.Â
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.Â
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.Â
If the party responsible for maintenance identified under § 30-512.10b3 above is not a public agency, the maintenance plan and any future revisions based on § 30-512.10b7 below shall be recorded upon the deed of record for each property on which the maintenance described in the maintenance plan must be undertaken.
6.Â
Preventative and corrective maintenance shall be performed to maintain
the functional parameters (storage volume, infiltration rates, inflow/outflow
capacity, etc.). of the stormwater management measure, including,
but not limited to, repairs or replacement to the structure; removal
of sediment, debris, or trash; restoration of eroded areas; snow and
ice removal; fence repair or replacement; restoration of vegetation;
and repair or replacement of non-vegetated linings.
7.Â
The party responsible for maintenance identified under § 30-512.10b3 above shall perform all of the following requirements:
(a)Â
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)Â
Evaluate the effectiveness of the maintenance plan at least
once per year and adjust the plan and the deed as needed; and
(c)Â
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 § 30-512.10b6 and b7 above.
8.Â
The requirements of § 30-512.10b3 and b4 do not apply to stormwater management facilities that are dedicated to and accepted by the municipality or another governmental agency, subject to all applicable municipal stormwater general permit conditions, as issued by the Department.
9.Â
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.Â
Nothing in this subsection shall preclude the municipality in which
the major development is located from requiring the posting of a performance
or maintenance guarantee in accordance with N.J.S.A. 40:55D-53.
[Added 7-27-2021 by Ord.
No. 19-2021]
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 a civil fine and penalty not exceeding
$2,000 or such other penalties consistent with N.J.S.A. § 40:49-5.
Each and every day that the building, structure or land remains in
violation of the provisions of this section after the deadline for
compliance set forth in the notice of violation issued by the enforcing
officer(s) shall be considered a continuing violation punishable as
a separate and distinct offense. The Municipal Court or Superior Court
shall have jurisdiction to hear and decide any action(s) brought to
enforce the provisions of this section, and any final order imposing
fines and penalties for a violation of this section shall be enforceable
in the Municipal Court or Superior Court and collectible as a lien
against the property of the violator in accordance with the Penalty
Enforcement Law of 1999, N.J.S.A. 2A:58-10 to -12.
[Added 7-27-2021 by Ord.
No. 19-2021]
This section shall be enforced by the Borough Property Maintenance
Officer, Zoning Officer, or the Borough Engineer or their designee.
[Added 7-27-2021 by Ord.
No. 19-2021]
Each section, subsection, sentence, clause and phrase of this
section is declared to be an independent section, subsection, sentence,
clause and phrase, and the finding or holding of any such portion
of this section to be unconstitutional, void, or ineffective for any
cause, or reason, shall not affect any other portion of this section.
[Added 7-27-2021 by Ord.
No. 19-2021]
This section shall be in full force and effect from and after
its adoption and any publication as required by law.
All sewage disposal shall utilize public sewers, designed in
accordance with the requirements of the applicable sewage authority.
Where public water is accessible, water mains shall be constructed
in such a manner as to make adequate water service available to each
lot or building within the development. The entire system shall be
designed in accordance with the requirements and standards of the
agency having approval authority and shall be subject to its approval
provided, however, that the system shall not include treatment or
storage facilities to service off-tract development. The system shall
be designed with adequate capacity and sustained pressure in a looped
system with no dead-end lines.
Where no public water is accessible, water shall be furnished
on an individual lot basis, or, if controlled by a homeowners association
or similar organization, one (1) well may service multiple lots. If
wells are installed on each lot and the lot also contains its own
sewage disposal facilities, the wells shall be of the drilled type
with a minimum of fifty (50) feet of casing. Well installation, sealing
and testing shall be in accordance with the New Jersey Standards for
Construction of Water Supply Systems in Realty Improvements (Chapter
199 of the Public Laws of 1954), as amended, and shall be certified
by the well driller. Before being placed in consumer use, it shall
be disinfected by the use of sodium hypochlorite or other acceptable
solution and a sample collected by a County or State Health Department
representative for bacteriological examination as well as a certificate
from the Health Officer that the owner has complied with the applicable
local and State health regulations shall be submitted to the Borough
before the issuance of building permits in connection with each individual
lot.
a.Â
In areas served by public water, fire hydrants shall be located as
approved by the Chief of the Fire Department.
Where there is a public water system, no portion of a structure
shall be more than three hundred (300) feet from a fire hydrant.
b.Â
Where no public water exists or will be provided, and where streams
or ponds exist or are proposed on lands to be developed, facilities
shall be provided to draft water for firefighting purposes. This shall
include access to a public street suitable for use by firefighting
equipment and construction of or improvements to ponds, dams or similar
on-site or off-site development, where feasible. Such facilities shall
be constructed to the satisfaction of the Borough Engineer, Fire Inspector
and Fire Insurance Rating Organization Standards.
a.Â
All utility services shall be below ground, except that terminal
boxes may be located above ground. If located within a street, the
utilities shall be outside of the cartway except for required crossings.
Lots which abut existing streets where overhead electric or telephone
distribution supply lines and service connections have heretofore
been installed may be supplied with electric and telephone service
from these overhead lines, but any new service connections from the
utilities' overhead lines shall be installed underground. In the case
of existing overhead utilities, however, should a road widening or
an extension of service or other such condition occur as a result
of the development and necessitate the replacement or relocation of
such utilities, such replacement or relocation shall be underground,
if in accordance with current PUC regulations.
b.Â
The developer shall arrange with the servicing utility for the underground
installation of the utilities' distribution supply lines and service
connections in accordance with the provisions of the applicable Standard
Terms and Conditions incorporated as part of the servicing utility's
tariff and on file with the State of New Jersey Board of Public Utility
Commissioners. The developer shall submit prior to the granting of
final approval, a written instrument from each servicing utility which
shall evidence full compliance or intended full compliance with the
provisions of this section.
The developer shall provide the Borough with at least four (4)
copies of a final "as built" plan showing the installed location(s)
of all utilities.
The entire development shall be landscaped in accordance with
an approved landscaping plan. Landscaping shall include items having
an effect on project safety, habitability and appearance such as:
a.Â
Grading and water features.
b.Â
Plantings and grassed areas.
c.Â
Surfacing and finishes.
d.Â
Walls and fences.
e.Â
Area lighting.
f.Â
Signs and street and site furniture.
g.Â
Preservation of natural features.
The project shall be landscaped so as to best adapt the site
to the intended use, to control the project's environmental impact
and to enhance the appearance of the project, both on-site and from
the surrounding area.
Plantings shall be in accordance with the following standards:
[Amended 12-15-2020 by Ord. No. 25-2020]
Each development plan shall provide for shade trees having a
maximum spacing of fifty (50) feet along each side of all streets,
public or private, existing or new. In determining the need for new
shade trees, the location of existing shade trees shall be considered,
and if existing shade trees will remain, new shade trees will not
be required in such areas. Additionally, shade trees shall be provided
within parking areas containing eight thousand (8,000) or more square
feet and shall be planted at a minimum ratio of one (1) shade tree
for every ten (10) parking spaces. Shade trees shall be a minimum
caliper of two and one-half (2Â 1/2) inches (D.B.H.). The Board
may consult with the Borough Arborist concerning the adequacy and
appropriateness of the proposed shade trees.
Screening shall be accomplished through the use of landscape
plantings, and shall include as a minimum fifteen (15) conifers and
five (5) deciduous trees per one hundred (100) linear feet. Plantings
shall be a minimum of six (6) feet in height and have a minimum diameter
of two and one-half (2Â 1/2) inches (D.B.H.).
Landscaping of required buffers and screens shall take into
account the opportunities presented by existing site features. Screening,
where required, shall be achieved by fencing, earth forms and plantings
applied singly or in combination, as necessary. Landscaping used for
buffering purposes shall be compatible in scale and character with
the surrounding prevailing landscape and project features and shall
be designed as part of the overall landscaping plan.
The landscaping plan shall be compatible with the soil erosion
and sedimentation control plan.
Soil removal shall be in accordance with provisions of Chapter
XX, of the Revised General Ordinances of the Borough of Roseland.
a.Â
All development plans shall include a grading plan which provides
for a minimum amount of soil to be removed from or brought to the
site.
b.Â
No topsoil shall be removed from any lot or lots unless certified
as excess (more than four (4) inches) in writing by the Borough Engineer.
All topsoil so removed shall be placed elsewhere within the Borough.
a.Â
All graded or stripped areas shall be stabilized by four (4) inches
of topsoil and seeding or other landscaping. Exposed rock may be left
in its natural state if it can be demonstrated that the rock face
will remain stable.
b.Â
All areas shown on the plan shall be graded to ensure that surface
water flow is away from buildings and pedestrian walkways in accordance
with the approved drainage plan.
c.Â
Surfaces shall be designed to reduce maintenance requirements and
allow the cutting of grass and cleaning of drainage swales and ditches
without special equipment.
d.Â
Wherever a change in final grade results in slopes in excess of 2:1
(other than a stable rock face) or wherever it is determined that
slopes will not be stable or that erosion will occur, retaining walls
shall be used which shall be of a permanent, maintenance free design.
Prior to the issuance of a construction permit, detailed grading
plans shall be provided for review by the Borough Engineer. No certificate
of occupancy shall be issued until the Borough Engineer is satisfied
that final grading has been completed in accordance with the detailed
grading plans.
a.Â
No tree with a diameter in excess of six (6) inches (D.B.H.) shall
be removed if located a distance greater than twenty-five (25) feet
from any construction unless approved by the Board.
b.Â
All areas of tree removal shall be indicated on the development plan.
c.Â
All provisions of any other applicable ordinance of the Borough of
Roseland regulating the removal of trees shall be complied with.
a.Â
When a development plan incorporates open space, the applicant may,
if both the applicant and the Borough agree, deed the open space to
the Borough. If the development plan incorporates multiple ownership
such as a cooperative or a condominium, any open space not deeded
to the Borough shall be owned and maintained by an Association.
b.Â
As part of the application for any site plan incorporating open space,
a maintenance agreement shall be submitted to the Board for review
and approval.
a.Â
The use of land for active recreation shall be limited to those areas
where topographic features will allow such use without extensive grading
and removal of natural vegetation. While the specific usage shall
be determined by the applicant, the recreational facilities provided
should be suitable for use by the anticipated occupants of the development
and should augment and not duplicate existing Borough recreational
facilities in the vicinity of the tract if such facilities adequately
serve the proposed development.
b.Â
Passive open space should be left in its natural state, augmented
for erosion control and aesthetic value by landscaping. Particular
effort should be made to reduce future maintenance requirements. Improvements
should be limited to pedestrian circulation, picnic areas, and similar
uses.
c.Â
Plans, specifications and manufacturers' catalogue cuts of any proposed
recreational improvements or equipment shall be included for the Board's
review prior to final approval of the site plan.
[Ord. No. 07-2017 § 4]
a.Â
The development plan shall show the total number of off-street parking
spaces required for the use or combination of uses indicated in the
application. The schedule below represents standards acceptable to
the Borough. Since a specific use or combination of uses may generate
a parking demand different from those enumerated below, documentation
and testimony may be presented to the Board as to the anticipated
parking demand. Based upon such documentation and testimony, the Board
may:
1.Â
Allow construction of a lesser number of spaces, provided that adequate
provision is made for construction of the required spaces in the future.
2.Â
In the case of nonresidential uses, require that provision be made
for the construction of spaces in excess of those required hereinbelow,
to ensure that the parking demand will be accommodated by off-street
spaces.
3.Â
Allow the joint or shared use of parking for multiple uses with different
peak parking demands.
b.Â
Residential Uses.
Residential Uses
|
Required Spaces
| |
---|---|---|
1.
|
Detached residential
|
2 spaces per dwelling unit
|
2.
|
Attached residential:
| |
Studio, one bedroom
|
1.8 spaces per unit
| |
Two-bedroom
|
2.2 spaces per unit
| |
Three bedroom
|
2.5 spaces per unit
| |
Affordable, senior citizen
|
2.0 spaces per unit, maximum (Total to be rounded to next higher
number.)
|
c.Â
Nonresidential Uses.
Nonresidential Uses
|
Required Spaces
| |
---|---|---|
1.
|
Retail sales, service
|
1 space for every 200 square feet of gross floor area or a part
thereof
|
2.
|
Office
| |
Under 49,999 sq. ft. GFA
|
5 per 1,000 sq. ft. GFA
| |
50,000 — 99,000 sq. ft. GFA
|
4 per 1,000 sq. ft. GFA
| |
100,000+ sq. ft. GFA
|
4.5 per 1,000 sq. ft. GFA or a part thereof
| |
3.
|
Industrial Manufacturing
|
1 per 500 sq. ft. GFA or a part thereof
|
4.
|
Warehouse — Storage
|
1 per 500 sq. ft. GFA or a part thereof
|
5.
|
Schools and appurtenant structures with grades up to 10th
|
1 per 400 sq. ft. GFA or a part thereof
|
6.
|
Schools and appurtenant structures with grades 10 through 12
|
1 per 200 sq. ft. GFA or a part thereof
|
7.
|
Churches and other places of worship
|
1 space for every 3 seats in sanctuary plus 1 space for every
250 sq. ft. of remaining floor area or a part thereof
|
8.
|
Municipal and Board of Education uses
|
1 space for every 200 sq. ft. of floor area or a part thereof
|
9.
|
Traditional full service restaurants
|
1 space for each 3 patron seats
|
10.
|
Convenience stores
|
1 space per 100 sq. ft. GFA or a part thereof
|
11.
|
Parks
|
1 space for each employee plus user spaces as deemed necessary
|
12.
|
Business luncheon clubs
|
1 space for every 5 patron seats
|
13.
|
Public garages or gasoline service stations
|
1 space per employee plus 4 per bay
|
14.
|
Nursing homes and sanitariums
|
1 space for every 2 beds
|
d.Â
General Requirements.
1.Â
For each dwelling unit in a nonresidential district, two (2) off-street
parking spaces shall be provided.
2.Â
Permitted nonresidential uses in all residential districts shall
be provided with one (1) off-street parking space for every two hundred
(200) square feet of floor area, or any fraction thereof, of any building
area so used.
3.Â
Any building containing more than one (1) use shall meet the combined
parking space requirements for all uses in the building, except as
provided in paragraph a. above.
4.Â
No change in use within a building shall be allowed unless it can
be shown sufficient parking is available for the new use on the site.
5.Â
For each use, handicapped parking shall be required as a portion
of the required parking in accordance with the Barrier-Free Design
Regulations, as amended, promulgated by the State of New Jersey.
[Ord. No. 23-1997 § IV]
[Ord. No. 5-2008]
a.Â
Residential Zones.
1.Â
Off-street parking is permitted in any side or rear yard provided
said spaces shall not be closer than five (5) feet from the property
line.
2.Â
For the purpose of administering this provision, any driveway that
connects the abutting street with a garage servicing a detached or
single-family attached dwelling can be used to meet the required off-street
parking provision.
b.Â
Nonresidential Zones.
1.Â
All required off-street parking shall be located on the same lot
as the use requiring the parking except as allowed below and as specifically
approved by the Board.
2.Â
In the B-1 Zone only, the applicant may request the Borough, and
the Borough may agree, to construct the required parking, whether
on or off-site, provided that the applicant pay the full cost of the
construction, and further provided that all parking spaces will be
located within five hundred (500) feet of the building to be served.
3.Â
Any owner or group of owners of two (2) or more nonresidential buildings
or uses located in the same block in a B-1 Zone may jointly sponsor
the construction of off-street parking facilities, whether on or off-site,
provided that: all other applicable requirements of this subsection
are met; and further provided that the parking facilities, the buildings
and the uses are located in the same block; and further provided that
the parking facilities are located on the same side of the street
and are not separated by any street; and further provided that no
participating use is further than three hundred (300) feet from the
edge of the parking area serving it.
4.Â
Off-street parking is permitted in any front, side and rear yard
pursuant to a plan approved by the Board.
The provisions of Section 30-520 above shall not apply to the continuation of any lawfully nonconforming building or use in existence as of May 29, 1979, so long as its current use is not substantially changed. If the building or use shall be substantially changed to the extent that this chapter requires more parking, then the applicant shall provide that additional parking equal to the differential between that required by the proposed use or building in existence when this chapter was enacted. No additional parking requirements shall prevent or preclude the repair, reconstruction or rebuilding of existing nonconforming off-street parking facilities.
If any applicant can clearly demonstrate to the Planning Board
that because of the nature of his operation or use the parking requirements
of this subsection are unnecessary or excessive, the Planning Board
shall have the power to approve a site plan showing less paved parking
area than is required by this subsection; provided, however, that
a landscaped area of sufficient size to meet the deficiency shall
be set aside and reserved for the purposes of meeting future off-street
parking requirements in the event that a change of use of the premises
shall make such additional off-street parking space necessary. Anything
in this subsection to the contrary notwithstanding no certificate
of occupancy shall be valid except for the particular use for which
it was issued, and any change on any premises previously improved
under this paragraph shall only be permitted after a new site plan
shall have been submitted to and reviewed and approved by the Board.
All parts of any yards not used for off-street parking area shall
be adequately landscaped, subject to approval by the Board and maintained
in good condition.
a.Â
Number of Spaces. In all zone districts, for every building, or part
thereof, hereafter erected, which is to be occupied for manufacturing,
storage, display of goods, retail sales, wholesale or warehouse, market,
hospital for humans, laundry, dry cleaning establishment, or other
use requiring the receipt or distribution by vehicles of materials
or merchandise, there shall be provided and maintained on the same
premises with such use, at least, one off-street loading space.
b.Â
Location. Loading areas shall be located in side or rear yards only
and shall be designed so that no portion of a vehicle shall extend
over a public right-of-way during loading or unloading activities.
c.Â
No part of an off-street loading space shall be nearer than 25 feet
to any property line.
The following agreements shall be provided by the applicant
for review and comment or approval by the Board. These agreements
shall be part of the final site plan submission, but may be submitted
for discussion prior to the final submission.
The applicant shall prepare a Developer's Agreement in a form
acceptable to the Borough. This agreement shall set forth the bonding
and inspection fee requirements, the period required for the completion
of public improvements, and any conditions set forth in the resolutions
of preliminary and final approval.
For property to be transferred to the Borough and for all easements
shown on the site plan and requested by the Board, the applicant shall
prepare all necessary deeds of transfer of title and/or easements
in a form acceptable to the Borough. These deed(s) shall be accompanied
by a map drawn to the scale of the Borough's tax maps showing proposed
lot lines, easements and lot numbers.
If any site plan is approved which involves lands in common
ownership, or common elements, the applicant shall establish an organization(s)
to own and maintain such common lands and elements. Those documents
establishing said organization(s) shall include the following provisions:
a.Â
Membership in any created organization by all property owners with
the right of enjoyment of all common lands and/or common elements
shall be mandatory. Such required membership in any created organization
and the responsibilities upon the members shall be in writing between
the organization and the individual in the form of a covenant with
each member agreeing to his liability for his pro rata share of the
organization's costs and providing that the Borough shall be a third
party beneficiary to such covenant entitled to enforce its provisions.
The terms and conditions of said covenant shall be reviewed by both
the Borough Attorney and the Planning Board Attorney prior to final
approval.
b.Â
Executed deeds transferring title of common land and/or common elements
to the organization shall be tendered to the Borough simultaneously
with the granting or as a condition of final approval stating that
the prescribed use(s) of the lands in common ownership shall be absolute
and not subject to reversion for possible future development for the
Board's review. Final approval of the site plan shall expire ninety-five
(95) days from the date of decision unless within such period the
plat and all related deeds and easements shall have been duly filed
by the developer with the County Recording Officer.
c.Â
The organization shall be responsible for liability insurance, municipal
taxes, maintenance of land and any facilities that may be erected
on any land deeded to the organization and shall hold the Borough
harmless from any liability relating to other common lands or common
elements.
d.Â
Any assessment levied by the organization may become a lien on the
private properties in the development. The duly created organization
shall be allowed to adjust the assessment to meet changing needs and
any deeded lands may be sold, donated or in any other way conveyed
to the Borough for public purposes only, but only if agreed to by
the Borough.
e.Â
The organization initially created by the developer shall clearly
describe in its bylaws the rights and obligations of any owner and
tenant in the development, along with the covenant and model deeds
and the articles of incorporation of the association, prior to or
as a condition of final approval by the Borough.
f.Â
Part of the development proposals submitted to and approved by the Borough shall be the provisions to insure that control of the organization will be transferred to the individual owners in the development based on a percentage of the dwelling units sold and/or occupied, together with assurances in the bylaws that the organization shall have the maintenance responsibilities for all lands to which they hold title in accordance with subsection 30-521.4 below.
a.Â
Any site plan which incorporates open space and/or private roads
entirely owned by the individual, partnership or corporation (other
than a homeowner's, cooperative or condominium association) shall
enter into a Maintenance Agreement with the Borough subject to the
conditions set forth below.
b.Â
Any site plan which incorporates open space, land in common ownership
or common elements shall establish an organization to maintain such
common lands and elements in accordance with law. Such organization
shall not be dissolved, nor shall it sell or otherwise dispose of
said common lands or elements except to another organization which
is conceived and established to own and maintain said common lands
and elements. Said organization shall enter into a Maintenance Agreement
with the Borough subject to the conditions set forth below.
c.Â
In the event that the owner or organization shall fail to maintain
the open space or common elements in reasonable order and condition,
the Borough Council may serve written notice upon such organization
or upon the owners of the development setting forth the manner in
which the organization or owners have failed to maintain the open
space in reasonable condition, and demanding that any deficiencies
be remedied within thirty-five (35) days. This notice shall also state
the date and the place of a hearing thereon which shall be held within
fifteen (15) days of the date of the notice. At such hearing, the
Borough Council may modify the terms of the original notice as to
deficiencies and may give an extension of time within which they shall
be corrected. If the deficiencies set forth in the original notice
or in the modification thereof shall not be corrected within thirty-five
(35) days of the date of the notice or within the period of any extension
granted, the municipality, in order to preserve the open space or
common elements and maintain the same for a period of one (1) year,
may enter upon and maintain such land. Said entry and maintenance
shall not vest in the public any rights to use the open space or common
elements except when the same is voluntarily dedicated to the public
by the organization or owners. Before the expiration of said year,
the Borough Council shall, upon the request of the organization therefore
responsible for the maintenance of the open space or common elements,
call a public hearing upon fifteen (15) days notice to such organization
or owners of the development, to be held by the Borough Council at
which hearing such organization or owners of the development shall
show cause why such maintenance by the municipality shall not, at
the discretion of the municipality, continue for a succeeding year.
If the Borough Council shall determine that such organization is ready
and able to maintain such open space or common elements in reasonable
condition, the municipality shall cease to maintain said open space
or common elements at the end of said year. If the Borough Council
shall determine such organization is not ready and able to maintain
said open space or common elements in a reasonable condition, the
municipality may, in its discretion, continue to maintain said open
space or common elements during the next succeeding year and, subject
to a similar hearing and determination, in each year thereafter. The
decision of the Borough Council in any such case shall constitute
a final administrative decision subject to judicial review.
The cost of such maintenance by the municipality shall be assessed
ratable against the properties within the development that have a
right of enjoyment of the open space or common elements, and shall
become a tax lien on said properties. The municipality, at the time
of entering upon said open space or common elements for the purpose
of maintenance, shall file a notice of such lien in the office of
the County Clerk upon the properties affected by such lien within
the development and the same shall be discharged by the municipality
upon payment as with other liens.