[Ord. #6-1989, § 501]
Prior to the Chairman and Secretary (Vice Chairman, Assistant
Secretary) signing the maps indicating that the approving authority
has granted final approval of an application for development, the
developer shall have satisfactorily installed or shall have furnished
a performance guaranty to insure the installation of the following
improvements:
a.
Street pavement.
b.
Street signs.
c.
Concrete curbs.
d.
Survey monuments.
e.
Sanitary sewers.
f.
Water mains.
g.
Storm drainage facilities.
h.
Concrete sidewalks.
i.
Shade trees.
j.
Paved off-street parking facilities.
k.
Concrete driveway aprons between curb and sidewalk.
l.
Street lighting.
m.
Garbage and refuse collection facilities on site plans.
n.
Facilities for recycling materials.
[Ord. #6-1989, § 502; Ord. #9-2005, § 2; Ord. No. 2017-07 § 3]
An accessory building attached to a principal building is part
of the footprint of the principal building and shall adhere to the
yard requirements for the principal building. An accessory building
detached from the principal building shall have a rear and side yard
set back of five feet. A detached accessory building shall be considered
lot coverage. A detached accessory building shall not extend beyond
the building line of the principal building into the front yard. Only
one garage structure and one accessory building are permitted per
lot.
a.
Garages. The maximum size for a garage shall be 720 square feet with
a height not to exceed 15 feet. A garage must be accessible to motor
vehicles and be able to accommodate the storage of motor vehicle(s).
b.
Accessory Buildings. The maximum size for an accessory building,
other than a garage, shall be 100 square feet with a height not to
exceed 10 feet. An accessory building may be used as a storage shed,
a pool equipment shed or a changing room. An accessory building may
have electricity, but shall not be heated, have cooking facilities
or be connected to a municipal or a septic water and/or sewer system.
[Ord. #6-1989, § 503]
Apartments and townhouses shall have site plan approval and
public or private central water supply and a central sanitary sewer
system approved by appropriate State and local agencies.
[Ord. #6-1989, § 503.1]
Each overall development shall have a compatible architectural
and landscaping theme with variations in design to provide attractiveness
to the development. Each project shall specify how each of the following
considerations has been incorporated into the overall plans: landscaping
techniques; building orientation to the site and to other structures;
topography; and natural features such as wooded areas, drainage courses,
soil conditions, and topographic relief. The plans shall also indicate
how building design features such as varying unit widths, staggering
unit setbacks, providing different exterior materials, changing roofline
and roof designs, altering building heights and changing types of
windows, shutters, doors, porches, colors and vertical or horizontal
orientation of the facades, singly or in combination, have been considered
and selectively used within the project.
[Ord. #6-1989, § 503.2]
The configuration of structures may be any alignment that meets
the yard requirements and does not exceed the following overall or
component building lengths: 200 feet on one plane, 340 feet on any
angle and 500 feet along the center line. Any passageway between two
structures which has a roof attached to both structures shall be included
in calculating these lengths. Townhouse structures shall have no fewer
than three nor more than eight units in one overall structure.
[Ord. #6-1989, § 503.3]
No dwelling unit shall have a living area level lower than the
finished grade along the front of the structure, except that on sidehill
locations the number of stories above the ground on the uphill side
shall not exceed two, with a third story permitted above ground on
the downhill side. The height of the building measured from the foundation
on the downhill side shall not exceed 40 feet.
[Ord. #6-1989, § 503.4]
All required open space shall be improved for the purposes intended
as shown on the plan.
[Ord. #6-1989, § 503.5]
No development shall exceed the density specified in the zoning
provisions.
[Ord. #6-1989, § 503.6]
The location of recreational facilities shall consider the proximity
of structures, type of recreational facility, noise level and evening
illumination which may create nuisances for residents, and pedestrian
and bicycle traffic across major interior roads or driveways. The
periphery of any recreation area shall be no closer to a residential
structure than the minimum yard for that structure.
[Ord. #6-1989, § 504.1]
Block length, width and acreage shall accommodate required lot
sizes and allow for convenient access, circulation control and traffic
safety.
[Ord. #6-1989, § 504.2]
Blocks over 1,000 feet long in residential areas shall provide
pedestrian crosswalks or bikeways in locations deemed necessary by
the approving authority and shall be at least 50 feet wide and run
from street to street. Blocks over 1,500 feet in residential areas
shall be prohibited.
[Ord. #6-1989, § 505; Ord. #11-2007, § 1]
Within any zone, other than a residential zone, in which the
lot(s) submitted for plat approval abuts a residential zone, the following
buffer area and landscaping requirements shall apply:
a.
A strip of land 20% of the average width of the property when a nonresidential
use abuts a residential zone on the side, or 20% of the average depth
of the property when a nonresidential use abuts a residential zone
at the rear, shall be designated as a buffer area and so indicated
on the plat. Buffer areas will be contiguous with residential property
lines and shall be of uniform width. In no case should the width of
the buffer exceed 50 feet. In no case shall the buffer be less than
20 feet wide, the applicant shall be required to erect a six foot
high board on board or solid vinyl fence that faces the residential
properties with six feet to eight feet evergreen plantings within
the buffer area parallel to the lot line of the abutting residential
lot and set back a distance appropriate for the landscaping treatment
in the buffer area.
b.
Requirements for Planting in the Buffer Area.
1.
A solid and contiguous landscaped screen shall be planted and maintained
to conceal the parking and loading areas, eliminate the glare of vehicle
lights throughout the year and camouflage the building from the abutting
residential areas. The landscape screen shall consist of evergreen
trees, selected from the approved Borough Planting List set forth
in Schedule A attached hereto. Such list may be amended and/or changed
from time to time at the discretion of the Planning Board. The current
approved Borough Planting List shall, at all times, be on file in
the Borough Clerk's office. Trees shall be planted in an area six
feet to 20 feet from the residential line in a zigzag pattern and
not more than six feet apart, except where otherwise authorized by
the appropriate authority. Evergreen trees shall not be less than
six feet high when planted and the lowest branches shall be not more
than one foot above the ground. In the event the existing evergreen
trees do not cover the required area from the ground, said landscaping
screen shall be supplemented with evergreen shrubbery.
2.
In addition to the landscaped screen, shade trees, such as sugar
maples, scarlet oaks, pin oaks, willow oaks, Norway maples, sweet
gum, ash, etc., shall be planted by the applicant at a distance of
not more than 40 feet from each other.
3.
The height of the landscaped screen shall be measured in relation
to the elevation of the edge of the parking and loading area. Where
the landscaping screen is lower than the elevation of the parking
or loading area, either the required height of the screen shall be
increased equal to the difference in elevation or the parking or loading
area shall be moved to allow the plantings to be located in an area
with a similar elevation as the parking or loading area.
4.
If the buffer area includes existing growth of evergreen and deciduous
trees and shrubbery but not enough to provide a suitable screen as
required above, existing trees and shrubbery may remain and shall
be supplemental by additional evergreen plantings to provide the required
landscape screen.
c.
The approving authority shall have the power to waive any of the
requirements or details specified above if it determines an adequate
buffer can be provided in less than 20 feet while maintaining the
purposes of this, section. The approving authority, when considering
waiving any of the buffer requirements, shall review the proposed
plat and standards and purposes of N.J.S.A. 40:55D-1 et seq. and,
to these ends, shall consider the locations of buildings, parking
areas, outdoor illumination and other features of the topography of
the area and existing features such as trees, streams; the efficiency,
adequacy and safety of the proposed layout of driveways, streets,
sidewalks and paths; the adequacy and location of existing green areas
and buffer areas; the adequacy and location of screening and parking
areas; structures and uses; and such other matters as may be found
to have a material bearing on the above standards and objectives.
d.
In Business zones, mechanical equipment and utility boxes shall be
screened with plantings so they are not visible.
[Ord. #6-1989, § 506]
Any principal or accessory building located on a corner lot
shall have a minimum setback from both street lines equal to the required
front yard. The remaining two yards shall be considered side yards
for the purpose of this chapter.
[Ord. #6-1989, § 507; Ord. #21-2005, § 1; Ord. No. 2017-07 § 4]
Concrete curbs are required on every street in the Borough along
the full front and side of all lots abutting existing roadways and
shall be installed where curbing does not exist when construction
of a completely new principal building occurs; or when an addition
to, reconstruction of, or renovation of a principal building consists
of 40% or more of the square footage of the existing principal building.
a.
Curb Cut and Driveway Apron Standards. Concrete curb cuts and concrete
aprons shall be one cut per lot and have a minimum width of 10 feet
and a maximum width of 20 feet. The full height curb and the dropped
curb (driveway apron) and apron shall meet the standard specifications
of the Borough.
b.
Curb Standards. Curbs shall be set in accordance with approved lines
and grades and radial curbs shall be formed in an arc segment, on
a smooth curve. Chord segments are prohibited. Standard curb sections
shall be 10 feet in length with preformed expansion joint material
on not more than twenty-foot centers. The exposed curb face on local
roads shall be six inches and on County and State roads shall be the
dimension set by the County or State Engineer. Concrete for curbing
shall be made with air-entraining cement, Class B, having a compressive
strength in 28 days of 4,000 pounds per square inch, or better. Where
designated by the approving authority, ramps for bicycles or wheelchairs
shall be provided in accordance with the Design Standards for Curb
Ramps for the Physically Handicapped, prepared by the New Jersey Department
of Transportation.
c.
Driveway Standards. There shall be a minimum two foot side and rear
yard setback for a driveway in a residential zone and a minimum three
foot side and rear yard setback for driveways in a business or commercial
zone. Driveways in residential zones shall have a maximum width of
20 feet in the front of the house. A zoning permit is required for
new or replacement driveways.
d.
Streets Requiring Sidewalks; Sidewalk Standards. Any new construction
or replacement of an existing principal structure shall require the
installation of sidewalks along the full front and side of all lots
abutting existing roadways where sidewalks do not exist on the designated
side(s) of the streets listed on the Streets Requiring Sidewalks schedule
below. The configuration of required curb and sidewalk shall be as
follows: curb abutting existing roadway, two feet of grass and a four
foot sidewalk. Asphalt and/or stone are not permitted sidewalk materials.
Any deviation from the preceding will require a variance.
|
Streets Requiring Sidewalks
|
|
Allaire Road — both sides
|
|
Brighton Avenue — both sides
|
|
Church Street — both sides
|
|
Ludlow Avenue — north side
|
|
Monmouth Avenue — both sides
|
|
Ocean Road — both sides
|
|
Old Mill Road — west side
|
|
Park Avenue — south side
|
|
Route 71 — both sides
|
|
Shore Road — south side
|
|
Sixth Avenue — west side
|
|
St. Clair Avenue — both sides
|
|
Wall Road — both sides
|
|
Warren Avenue — both sides east of Route 71
|
Editor's Note: See also Section 22-525, Sidewalks for additional construction requirements.
[Ord. #6-1989, § 508]
All developments shall have a stormwater management plan. Any
new system shall be adequate to handle all water which originates
within the development and beyond. No water shall be diverted as to
overload existing systems or create flooding or the need for additional
drainage structures on other lands without provisions being made to
handle these conditions, including off-tract improvements. Piping
all stormwater may not be required, but alternate, equivalent methods
may be approved considering capacity, erosion, safety, maintenance,
aesthetics and the ability of an alternate system to provide drainage.
[Ord. #6-1989, § 508.1]
A twenty-year storm curve shall be used in computing stormwater
runoff from the drainage basin to determine the impact on the drainage
system under consideration. Two copies of all drainage computations
shall be submitted to the Borough Engineer for review and approval.
[Ord. #6-1989, § 508.2]
The pipe size shall be determined by acceptable drainage design
procedures. In no case shall the pipe size in a surface water drainage
system be less than 15 inches in diameter.
[Ord. #6-1989, § 508.3; Ord. #7-2004, § 1]
Drainage inlets shall be located at all intersections, with
inlets on both sides of the street at intervals of not more than 400
feet or such shorter distances as required to prevent the flow of
surface water from exceeding six cubic feet per second at the drainage
inlet. Access manholes shall be placed at maximum intervals of 500
feet throughout the system and at pipe junctions where there are no
drainage inlets. All storm draininlets must be "state of the art"
in the opinion of the Engineer for the Board of Adjustment or Planning
Board, as the case may be, so as to effectively remove and retain
sediments and floating contaminants (oil, suspended solids, garbage
and debris, and other pollutants) which have been washed into the
storm drain.
[Ord. #6-1989, § 508.4]
Storm drainpipes running longitudinally along streets shall
not be located under curbing. They shall be reinforced concrete pipe
conforming to ASTM Designation C-76, reinforced concrete arch culvert
conforming to ASTM Designation Code C-506 or reinforced concrete elliptical
pipe conforming to ASTM Designation Code C-507. Joints shall be made
with O-ring rubber gaskets.
[Ord. #6-1989, § 508.5]
Blocks and lots shall be graded to secure proper drainage away
from all buildings, to prevent the collection of stormwater in pools
and to avoid the concentration of stormwater from each lot to adjacent
lots.
[Ord. #6-1989, § 508.6]
Land designated as a flood hazard area shall not be designed
for residential occupancy nor for any other purpose which may endanger
life or property or aggravate the flood hazard. Such land shall be
considered for open spaces, yards or other similar uses in accordance
with the floodplain regulations and can be designed through the cluster
zoning, transfer of development and other planned developments.
[Ord. #6-1989, § 508.7]
Where any development is traversed by a watercourse, surface or underground drainageway or drainage system, channel or stream, a drainage right-of-way easement shall be provided and dedicated to the Borough, conforming substantially with the lines of such watercourse, with such further width as will be adequate to accommodate expected stormwater runoff in the future based upon reasonable growth potential in the Borough. A minimum of 15 feet beyond the bank top on at least one side shall be provided for access to the drainage right-of-way. In any event, the easement shall meet the minimum widths and locations shown on any adopted Official map or Master Plan as required under Section 22-509, Easements.
[Ord. #6-1989, § 509]
a.
Easements for utility and drainage installations shall be along side
and/or rear property lines where possible. Such easements shall be
of sufficient width to accommodate the facilities, including access
for maintenance, but shall not be less than 15 feet in width.
b.
All easements shall be shown on the plat and shall be clearly labeled
and dimensioned as to permit accurate location of easement limits.
c.
Internal grading of a lot as by swale, berm or other topographical
feature designed to intercept or direct waters shall either be designated
as an easement on the map to be filed or be dedicated by recorded
instrument in such a way as to give notice to future owners of said
property and ensure continued maintenance of the drainage feature.
[Ord. #6-1989, § 510]
The erection of fences, walls, swimming pools and/or other structures
and the removal of trees and ground cover shall be prohibited in a
conservation easement or floodplain. The removal of dead or diseased
trees; limited thinning of trees and growth to encourage the most
desirable growth; and the removal of trees to allow for structures
designed to impound water or in areas to be flooded in the creation
of ponds or lakes, shall be permitted, if approved by the Planning
Board.
[Ord. #6-1989, § 511.1]
Prior to submitting a preliminary plat, the applicant shall
use the Borough's Natural Resource Inventory, its Master Plan or the
Soil Conservation Service maps to present an overview of the natural
limitations of the site and to guide the layout of the proposed development.
These maps will aid in locating soil types, topography, slopes, surface
waters, aquifers, depth to water table, floodplains, vegetation, foundation
limitations, erosion potential and septic suitability. Little or no
test need accompany this data at this stage. It is anticipated that
major areas of concern can be identified and agreed upon by use of
this generalized data at an early stage in order to avoid development
designs that will encroach upon the major environmental problem areas.
Where environmentally sensitive areas identified by this general data
must be encroached upon, the environmental impact statement submitted
at the preliminary plat stage can analyze the problem in more detail
based on on-site evaluations, but limiting the analysis to the smaller
areas of concern.
[Ord. #6-1989, § 511.2]
The preliminary plat shall be accompanied by an environmental
impact statement complying with the following, unless as a result
of data submitted prior to the preliminary plat, the approving authority
shall have waived or modified certain portions of these requirements:
a.
A description of the development specifying what is to be done during
construction and operation, how it is to be done, and practical alternate
plans to achieve the objective(s).
b.
An inventory of the following on-site environmental conditions and
an assessment of the probable impact of the development upon them:
water supply; water quality; floodplain protection; geology; soil
erosion; sewage disposal; topography; slopes in excess of 15%, vegetation
and vegetation protection; noise characteristics and levels; air quality;
land use; site aesthetics, such as views, terrain and mature wooded
areas; and historic sites. Air and water quality shall be described
with reference to standards promulgated by the Department of Environmental
Protection of the State of New Jersey, and soils shall be described
with reference to Soil Conservation Service categories and characteristics.
c.
A list and the status of the licenses, permits and approvals needed
from Federal, State or County agencies, including the conclusions
and comments of these governmental agencies.
d.
An evaluation of any adverse environmental impacts which cannot be
avoided. Particular emphasis shall be placed upon air or water pollution,
traffic increases, increase in noise, increase in sedimentation and
siltation, increase in Borough services or capital needs and consequences
to the Borough tax structure. The evaluation should include how the
developer can assist in minimizing the adverse impacts by altering
design concepts or by making, or participating in, on-or off-tract
improvements.
e.
A description of steps to be taken to avoid or minimize adverse environmental
impacts during construction and operation, including necessary maps,
schedules and other explanatory data to clarify and explain these
steps.
f.
Notwithstanding the foregoing, the approving authority may waive
the requirement for all or part of an environmental impact report
if sufficient evidence is submitted to support a conclusion that the
proposed development will have a slight or negligible environmental
impact, or upon finding that the complete report need not be prepared
in order to evaluate the environmental impact of the development.
[Ord. #18-1990, § 4]
a.
It is intended that critical areas be defined as woodlands or large
tree masses, stream corridors, soils having a depth to seasonally
high water of one foot or less, marshy soils or wetlands, wildlife
corridors, open space or high ecological value, drainage ridge lines,
scenic views, historic sites, and other community assets and landmarks.
b.
The subdivision or site plan shall preserve existing critical areas
on the site. Efforts should be made to minimize reduction in the recharge
capability of the site to the extent reasonably attainable. On these
locations, the use of storm water infiltration basins shall be encouraged.
c.
A conscious effort shall be made to preserve all trees and shrubs
which provide shading, protection from wind, noise or visual screening
or habitat for important wildlife species on the site. Except where
alternative construction practices are unfeasible, filling around
trees shall not be permitted. The removal of all trees having a diameter
at breast height of a foot or more will be compensated for by the
planting of trees or shrubbery likely to provide equivalent or nearly
equivalent benefits at maturity.
[Ord. #6-1989, § 512.1]
No fence, wall, fence-like or wall-like structure shall be erected
without first obtaining a permit from the Zoning Officer.
[Ord. #6-1989, § 512.2]
Every fence or wall shall be maintained in a safe, sound upright
condition and in accordance with the approved plan on file with the
Building Inspector. If the Building Inspector, upon inspection, determines
that any fence or wall or portion of any fence or wall is not being
maintained in a safe, sound, upright condition, he shall notify the
owner of such fence in writing of his findings and state briefly the
reasons for such findings and order such fence or wall or portion
of such fence or wall repaired or removed within 15 days of the date
of the written notice.
[Ord. #6-1989, § 512.3]
Except for required security fences, the following fences and
fencing material are specifically prohibited: barbed wire, sharp pointed
fences, canvas, cloth, electrically charged fences.
[Ord. #6-1989, § 512.4; Ord. No.
2017-07 § 5]
The finished or most decorative side of any fence shall face out from the property. Any naturally grown barrier shall be properly maintained and trimmed and, as to corner lots, the provisions of subsection 22-512.5 shall apply.
[Ord. #6-1989, § 512.5 — § 512.8; Ord. No. 2013-08; Ord.
No. 2017-07 § 5]
a.
Fences may be erected, altered or reconstructed in a residential
zone to a height not to exceed three feet above ground level when
located within 25 feet of the street line toward which the front entrance
of the dwelling on the lot faces.
b.
Fences may be erected, altered or reconstructed to a height not to
exceed six feet above ground level when located more than 25 feet
from the street line in a residential zone or when located in the
yard area of any use in a business zone. Fences located more than
25 feet from the street line may be erected to a height not to exceed
eight feet on properties with residential uses along the side or rear
yards adjacent to properties with a non-residential use.
c.
Fences may be erected, altered or reconstructed to a height not to
exceed six feet when located in the side or rear yards of any dwelling
in a residential zone.
d.
The foregoing restrictions shall not be applied so as to prevent
the erection of an open wire fence not exceeding eight feet above
ground level anywhere within a public park, public playground or school
premises.
e.
A decorative wall shall be to a height not to exceed two feet measured
from the base of the wall.
f.
A structural retaining wall, when necessary, shall be a height not
to exceed four feet measured from the bottom of the wall and require
the submission of a signed and sealed plan from a licensed professional
engineer.
[Ord. #6-1989, § 512.9]
All fences must be erected within property lines, and no fence
shall be erected so as to encroach upon a public right-of-way.
[Ord. #6-1989, § 512.10]
The foregoing restrictions shall not be applied to as to restrict
the erection of a wall for the purpose of retaining earth.
[Ord. #6-1989, § 513.1]
Where a property containing a floodplain is proposed for development
or other improvements no proposed structures or fill shall be located
within the 100-year floodplain. The uses permitted in the 100-year
floodplain shall be limited to general farming, overflow parking and
loading areas or areas of service peak parking and loading demands,
lawns, gardens, detention basins and ponds meeting other state regulations,
and open space/recreation uses not requiring structures, provided
that none of these uses adversely affect the hydraulic capacity of
the 100-year floodplain and that water surface elevation of the 100-year
floodplain is not increased. No septic systems shall be in the 100-year
floodplain. The 100-year floodplain shall be at least that area designated
on the streams identified on the maps prepared by the Federal Emergency
Management Agency and the State, or such broader area on those streams
as might result from on-site evaluation. On streams not identified
by the maps, the 100-year floodplain shall be delineated by a developer's
engineer and approved by the State of New Jersey Division of Water
Resources. The municipalities adjacent to the Borough, will be advised
of any proposed actions which may affect their flooding potential.
[Ord. #6-1989, § 513.2]
The flood hazard design elevation shall be determined on an
individual basis based upon stream encroachment line data from the
Division of Water Resources or, in the absence of that data, the flood
elevation based on a 100-year storm frequency. One or the other shall
be delineated on the plat. The assistance of the United States Department
of Agriculture, Soil Conservation Service, United States Corps of
Engineers and the New Jersey Department of Environmental Protection,
Division of Water Resources, may be sought to aid in delineating the
flood hazard design elevation, except that where State or Federal
agencies have or will publish any reports which clearly delineate
by contours the flood hazard design elevation of a watercourse, the
report shall be the officially delineated flood hazard area as if
said report were published in this chapter.
[Ord. #6-1989, § 513.3 — § 513.4]
a.
Any lot containing a floodway on which it is proposed to regrade
or construct an improvement shall not be permitted unless the proposed
use is permitted by this chapter, plat approval has been granted and
a floodway permit has been issued by the New Jersey Department of
Environmental Protection, Division of Water Resources.
b.
Any lot containing a flood fringe portion of the flood hazard area
and on which it is proposed to regrade or construct an improvement
shall not be permitted unless the proposed use is permitted by this
chapter and until plat approval has been granted.
[Ord. #6-1989, § 513.5]
Permitted uses in a flood fringe area shall be as follows, provided
they are permitted in the district in which the flood fringe portion
is located:
a.
Agriculture. General farming, pasture, grazing, outdoor plant nurseries,
horticulture, viticulture, truck farming, forestry, sod farming and
wild crop harvesting.
b.
Industrial/Commercial. Yards, loading areas and parking areas.
c.
Recreation. Golf courses, improved courts and playing fields, swimming
areas, boat launching ramps, picnic and camping, and open space uses
such as hiking trails.
d.
Residential. Lawns, gardens, parking areas and play areas.
e.
Public. Lawns, parking areas, play and recreation areas.
[Ord. #6-1989, § 513.6]
The applicant shall submit maps, reports and other appropriate
documents permitting the approving authority to evaluate whether the
proposal has an inherent low flood damage potential; does not obstruct
flood flows or increase flood heights and/or velocities; does not
affect adversely the water-carrying capacity of any delineated floodway
or channel; does not increase local runoff and erosion; does not unduly
stress the natural environment of the floodplain or degrade the quality
of surface water or the quality and quantity of groundwaters; does
not require channel modification or relocation; does not require fill
or erection of structures; and does not include the storage of equipment
and materials.
[Ord. #6-1989, § 514; Ord. #3-1990, § 1;
Ord. #11-2007, § 1]
a.
There shall be a minimum of one trash/garbage pickup station, separate
from the parking and loading areas, located either inside or outside
a building in steel-like, totally enclosed containers and screened
so as to be obscured from view from parking areas, streets and adjacent
residential uses or residential zoning districts.
1.
Trash recycling and dumpster enclosures shall be buffered on all
four sides with a six foot high solid fence or ornamental wall and
surrounded on three sides with four foot to six foot high evergreen
shrubs.
2.
Trash and recycling enclosures shall have a minimum of 4,500 psi
pounds per square inch concrete slab six inches thick.
b.
Materials designated in the Borough Recycling Ordinance (Ordinance
No. 6-1989) shall be separated from other solid waste by the generator
and a storage area for recyclable materials shall be provided as follows;
1.
For each subdivision application for 50 or more single family units,
the applicant shall provide a storage area of at least 12 square feet
within each dwelling unit to accommodate a four week accumulation
of mandated recyclables (including but not limited to newspaper, glass
bottles, aluminum cans, tin and bi-metal cans). The storage area may
be located in the laundry room, garage, basement or kitchen.
2.
For each subdivision application for 25 or more multifamily units,
the applicant shall provide a storage area of at least three square
feet within each dwelling unit to accommodate a one week accumulation
of mandated recyclables (including but not limited to newspaper, glass
bottles, aluminum cans, tin and bi-metal cans). The storage area may
be located in the laundry room, garage or kitchen. Unless recyclables
are collected on a weekly basis from each dwelling unit, one or more
common storage areas must be provided at convenient locations within
the development.
3.
For each site plan application for commercial and industrial developments
that utilize 1,000 square feet or more of land, the applicant shall
provide the municipal agency with estimates of the quantity of mandated
recyclable materials (including but not limited to newspaper, glass
bottles, aluminum cans, tin and bi-metal cans, high grade paper and
corrugated cardboard) that will be generated by the development during
each week. A separate storage area must be provided to accommodate
a one to four weeks accumulation of recyclable material. The municipal
agency may require the location of one or more common storage areas
at convenient locations within the development.
[Ord. #6-1989, § 515]
A homeowners' association may be established to own and maintain
common open space and common property designed within a development.
If established, the organization shall incorporate the following provisions:
a.
Membership by all property owners, condominium owners, stockholders
under a cooperative development and other owners of property or interests
in the project shall be mandatory. Required membership and their responsibilities
shall be in writing between the organization and each member in the
form of a covenant, with each agreeing to liability for his pro rata
share of the organization's costs.
b.
The organization shall be responsible for liability insurance (with
the municipality carried as a named insured), taxes, maintenance and
other obligations assumed by the organization and shall hold the municipality
harmless from any liability. The organization shall not be dissolved
and shall not dispose of any common open space or common property
by sale or otherwise except to an organization conceived and established
to own and maintain such open space or property for the benefit of
such development. Thereafter such organization shall not be dissolved
or dispose of any of its open space or property without first offering
to dedicate the same to the municipality wherein the land is located.
c.
The organization shall be allowed to adjust the assessment to meet
changing needs.
d.
The organization shall clearly describe in its bylaws all the rights
and obligations of each tenant and owner, including a copy of the
covenant, model deeds and articles of incorporation of the organization,
and the master deed shall state that every tenant and property owner
shall have the right to use all common properties. These shall be
set forth as a condition of approval and shall be submitted prior
to the granting of final approval.
e.
The articles of incorporation, covenants, bylaws, model deeds and
other legal instruments shall ensure that control of the organization
shall be transferred to the members based on a percentage of the dwelling
units sold and/or occupied and shall clearly indicate that in the
event such organization shall fail to maintain the common open space
or common property 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
has failed to maintain the common open space or common property in
reasonable condition, and said notice shall include a demand that
such deficiencies of maintenance be cured within 35 days thereof and
shall state the date and place of a hearing thereon, which shall be
held within 15 days of the notice. At such hearing, the designated
Borough body or officer, as the case may be, may modify the terms
of the original notice as to deficiencies and give a reasonable extension
of time, not to exceed 65 days, within which they shall be cured.
If the deficiencies set forth in the original notice or in the modification
thereof shall not be cured within said 35 days or any permitted extension
thereof, the Borough, in order to preserve the common open space and
common property and maintain the same for a period of one year, may
enter upon and maintain such land. Said entry and maintenance shall
not vest in the public any rights to use the common open space and
common property except when the same is voluntarily dedicated to the
public by the owners. Before the expiration of said year, the Borough
Council shall, upon its initiative or upon the request of the organization
theretofore responsible for the maintenance of the common open space
and common property, call a public hearing upon 15 days' written notice
to such organization and to the owners of the development, to be held
by the Borough Council at which hearing such organization and the
owners of the development shall show cause why such maintenance by
the Borough shall not, at the election of the Borough Council, continue
for a succeeding year. If the Borough Council shall determine that
such organization is ready and able to maintain said open space and
property in reasonable condition, the Borough shall cease to maintain
said open space and property at the end of said year. If the Borough
Council shall determine that such organization is not ready and able
to maintain said open space and property in a reasonable condition,
the Borough Council may, in its discretion, continue to maintain said
open space and property during the next succeeding year, 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.
f.
The cost of such maintenance by the Borough shall be assessed pro
rata against the properties within the development that have a right
of enjoyment of the common open space and common property in accordance
with assessed value at the time of imposition of the lien, and shall
become a lien and tax on said properties and be added to and be a
part of the taxes to be levied and assessed thereon and shall be enforced
and collected with interest by the same officers and in the same manner
as other taxes.
[Ord. #6-1989, § 516]
All area lighting shall provide translucent fixtures with shields
around the light source. The light intensity provided at ground level
shall average from 0.5 to 1.0 footcandle over the entire area. For
each fixture and lighted sign, the total quantity of light radiated
above a horizontal plan passing through the light source shall not
exceed 7.5% of the total quantity of light emitted from the light
source. All outdoor lighting to be shown on the site plan in sufficient
detail to allow determination of the effects at the property line
and on nearby streets, driveways, residences, and overhead sky glow.
No lighting source shall be visible from windows, street and driveways,
nor shall lighting shine directly into or reflect into windows or
onto streets and driveways to interfere with driver vision. No lighting
shall be of a yellow, red, green or blue beam nor by a rotating, pulsating
or other intermittent frequency. The intensity of light, shielding,
direction and reflection of lighting and similar characteristics shall
be subject to site plan approval by the approving authority. The objective
is to minimize undesirable off-site effects. Wherever possible, signs
such as traffic directional and other on-site signs shall be lettered
with reflecting paint or other reflecting material in order to eliminate
the need to consume electrical energy and at the same time reduce
the potential for glare and light nuisances.
[Ord. #6-1989, § 517.1]
Insofar as is practical, side lot lines shall be either at right
angles or radial to street lines.
[Ord. #6-1989, § 517.2]
Each lot must front upon an approved paved street having a right-of-way
width of at least 50 feet.
[Ord. #6-1989, § 517.3]
Through lots with frontage on two streets are permitted, provided:
a.
The length of the lot between both streets is such that future division
of the lot into two lots is improbable.
b.
Access shall be to the street with the lower traffic function, with
the portion abutting the other street clearly labeled on the plat,
and in any deed, that vehicular access to the street is prohibited.
[Ord. #6-1989, § 517.4]
Extra width for street widenings in accordance with an adopted
Master Plan or Official Map shall either be dedicated or, if not dedicated,
be anticipated by increasing the lot size of the abutting lots in
anticipation of future right-of-way acquisition. (See Section 2-506,
Corner Lots.)
[Ord. #6-1989, § 517.5]
In the event two or more contiguous lots exist under the same
ownership, regardless of whether or not each may have been approved
as portions of a subdivision acquired by separate conveyance or by
other operation of the law, and one or more of the lots should not
conform to the minimum area and/or dimension requirements for the
zone in which it is located, said contiguous lots shall be considered
merged into the greatest number of conforming lots.
[Ord. #6-1989, § 517.6]
Any nonconforming lot not meeting the definition of the previous
subsection may have a building permit issued for a permitted use without
an appeal for a variance, provided the building coverage is not exceeded,
parking requirements are met and the nonconforming lot abuts lots
on either side that are developed and the nonconforming lot is the
largest possible assemblage of contiguous land under the preceding
section. Where the nonconforming lots abuts either a vacant lot or
an oversized developed lot, the issuance of a building permit may
be delayed until the approving authority determines the reasonableness
of requiring the applicant to acquire additional land to reduce or
eliminate the nonconformity. Where the resulting lot is still nonconforming,
the yard and height provisions may be reduced to the same percentage
the area of the undersized lot bears to the zone district requirements,
except that no side yard shall be less than half that required by
this chapter or five feet, whichever is greater, and no building shall
be required to have a height less than 12 feet.
[Ord. #6-1989, § 517.7]
Whenever land has been dedicated or conveyed to the Borough
by the owner of a lot in order to meet the minimum street width requirements
or to implement the Official Map or Master Plan and which lot existed
at the effective date of this chapter, the Building Inspector shall
not withhold a building or occupancy permit when the lot depth or
area was rendered substandard due to such dedication and where the
owner has no adjacent lands to meet the minimum requirements.
[Ord. #6-1989, § 518]
Monuments shall be the size and shape required by N.J.S.A. 46:23-9.12
(the Map Filing Law, as amended) and shall be placed in accordance
with the statute and indicated on the final plat. All lot corners
shall be permanently marked with a metal alloy pin or equivalent.
[Ord. #6-1989, § 519]
Natural features such as trees, brooks, swamps, hilltops and
views shall be preserved whenever possible. On individual lots, care
shall be taken to preserve selected trees to enhance soil stability
and landscape treatment of the area.
[Ord. #6-1989, § 520.1]
Drives providing access to parking lots with six or more spaces
shall be limited to a maximum of two to any street, except when the
frontage of a property along any one street exceeds 500 feet the number
of drives to that street may be based on one drive for each 250 feet
of property frontage. Each drive shall be at least three parking aisles
from any other drive on the same property. Each drive shall handle
no more than two lanes of traffic in each direction, be at least 50
feet from the street line of any intersecting street and be at least
20 feet from any property line. The width of the curb cut shall be
determined by the type traffic and the number of lanes of traffic.
Driveways with widths exceeding 24 feet shall be reviewed, giving
consideration to the width, curbing, direction of traffic flow, radii
and curves and traffic lane divider. Curbing shall be either depressed
at the driveway or rounded at the corners with the same access drive
connected to the street in the same manner as another street.
[Ord. #6-1989, § 520.2]
Individual parking and loading spaces shall be served by on-site
aisles to permit each motor vehicle to proceed to and from each space
without moving another vehicle. Where the angle of parking is different
on both sides of the aisle, the larger aisle width shall prevail.
[Ord. #6-1989, § 520.3]
Parking and loading areas for apartment, townhouse, commercial and industrial uses shall be buffered from adjoining streets and single-family residential zoning districts in a manner meeting the objectives of Section 22-505, Buffers.
[Ord. #6-1989, § 520.4]
Off-street parking areas containing six or more spaces and all
off-street loading areas shall be designed in conjunction with a drainage
plan. In lieu of concrete curbing in residential projects having off-street
parking lots with six or more spaces, the approving authority may
accept equivalent methods of defining the edge of paving, preventing
vehicles from encroaching upon nonpaved areas, controlling drainage,
and guiding traffic circulation. Concrete wheel blocks may be located
within designated parking or loading spaces. Curbing installed at
crosswalks and bikeways shall have barrier-free curb ramps constructed
in accordance with the Design Standards for Curb Ramps for the Physically
Handicapped of the New Jersey Department of Transportation.
[Ord. #6-1989, § 520.5; Ord. #11-2007 § 1]
a.
Off-street parking spaces shall be either nine or 10 feet wide, except
that spaces serving retail uses shall be a minimum of 10 feet wide.
Parking spaces shall be a minimum of 20 feet in length. Barrier-free
parking requirements shall be in accordance with current New Jersey
Uniform Construction Code (NJUCC).
b.
Off-street loading spaces shall have 15 feet of vertical clearance
and shall be 14 feet in width and 60 feet in length.
[Ord. #6-1989, § 520.6]
All parking and loading areas shall have drainage facilities installed in accordance with good engineering practice as approved by the Municipal Engineer and in accordance with the drainage provisions, Section 22-508, Drainage. Where subgrade conditions are wet, springy or of such nature that surfacing would be inadvisable without first treating the subgrade, these areas shall be excavated to a depth of at least six to 12 inches below the proposed subgrade and filled with a suitable subbase material as determined by the Municipal Engineer. Where required by the Engineer, a system of porous concrete pipe subsurface drains shall be constructed beneath the surface of the paving and connected to a suitable drain. After the subbase material has been properly placed and compacted, the parking area surfacing material shall be applied.
[Ord. #6-1989, § 520.7]
Areas of ingress and egress, loading and unloading areas, major
interior driveways, aisles and other areas likely to experience similar
heavy traffic shall be paved with not less than four inches of compacted
base course of plant-mixed bituminous stabilized base course constructed
in layers not more than two inches compacted thickness, or equivalent,
and a minimum of two inch thick compacted wearing surface of bituminous
concrete (FABC), or equivalent. All shall be constructed in accordance
with the Standard Specifications of the New Jersey Department of Transportation.
The approving authority may waive blacktop surfacing in areas of less
constant use, provided that the applicant agrees to pave the area
if, in the judgment of the Construction Code Official, actual experience
shows a more consistent use of these areas than has been anticipated.
These nonblacktop areas shall be graded, covered with four inches
of compacted coarse stone, topped with two inches of compacted gravel
and covered with stone dust to fill remaining voids.
[Ord. #6-1989, § 520.8]
In an effort to reduce paving costs and reduce the amount of paving to assist in stormwater runoff control, the approving authority may approve parking plans for nonresidential use for designated compact car parking areas, provided that such space shall be limited to employee parking and that each area for compact cars shall have at least 30 spaces. The compact car spaces shall be eight by 16 feet with aisles reduced to 90% of the dimensions shown in subsection 22-520.5, Dimensions. The number of parking spaces which may be approved for compact cars shall be a determination of the approving authority based upon documentation by the applicant and any data submitted by others.
[Ord. #6-1989, § 520.9]
Landscaping in parking and loading areas shall be shown on the
natural resources portion of the site plan. Trees shall be staggered
and/or spaced so as not to interfere with driver vision, have branches
no lower than six feet above grade and be placed at the rate of at
least one tree for every 10 parking spaces. All areas between the
parking area and the building shall be landscaped with trees, shrubs
and ground cover. Any plantings which do not live shall be replaced
within one year or one season. A majority of the parking areas for
more than 50 cars shall be obscured from streets by buildings, landscaped
berms, natural ground elevation or plantings, singly or in combination.
[Ord. #6-1989, § 520.10]
Adequate off-street loading and maneuvering space shall be provided for every use. The minimum number of spaces shall be based on the schedule in Section 22-611, Minimum Off-Street Parking and Loading Requirements. Those uses not listed shall provide sufficient spaces as determined under site plan review and the following:
a.
A minimum of one space per use, except that where more than one use
is in a building, such as a shopping center, the cumulative number
of loading spaces shall be based on the number of square feet within
the building or complex. The spaces shall be dispersed throughout
the site to best serve the individual uses and have site plan approval.
b.
Where any use is located on a tract of at least 50 acres and no portion
of a loading area, including maneuvering areas, is closer than 200
feet to any property line and where the length of the driveway connecting
the loading area to the street is at least 300 feet, the number of
off-street loading spaces may be less than the number required, provided
the applicant, as part of the site plan application, shall indicate
how the number of spaces will be adequate to meet the needs of the
specific use.
[Ord. #6-1989, § 520.11]
The number of off-street parking spaces for each use shall be based on the schedule in Section 22-611, Minimum Off-Street Parking and Loading Requirements. Where a particular function contains more than one use, the total parking requirements shall be the sum of the component parts.
[Ord. #6-1989, § 520.12]
a.
Loading spaces shall be located on the same lot as the use being
served, may abut the building being served rather than requiring a
setback from the building and shall be located to directly serve the
building for which the space is being provided. No off-street parking
or loading space shall have direct access from a street.
b.
No loading and parking spaces shall be located in any required buffer
area.
c.
Parking spaces located to serve residential uses shall be within
on 150 feet of the entrance of the building and within 300 feet of
commercial/industrial uses.
d.
No parking shall be permitted in fire lanes, streets, driveways,
aisles, sidewalks or turning areas.
[Ord. #6-1989, § 521.1]
Equipment using electricity shall be shielded so there is no
interference with any radio or television reception beyond the operator's
property.
[Ord. #6-1989, § 521.2]
No use shall direct or reflect a steady or flashing light beyond its lot lines. Exterior lighting and lighting resulting from any manufacturing or assembly operations shall be shielded, buffered and directed as approved on the site plan so that any glare, direct light, flashes or reflection will not interfere with the normal use of nearby properties, dwelling units and streets. Also, see Section 22-516, Lighting.
[Ord. #6-1989, § 521.3]
No use shall emit heat, odor, vibrations, noise or any other
pollutant into the ground, water or air that exceeds the most stringent,
applicable State and Federal regulation. No building permit, zoning
permit or Certificate of Occupancy shall be issued for any use where
a state permit is required until the State has ascertained and approved
the level of emission, quality of emission, type and quality of emission
control, level of monitoring to be conducted by the State and such
other State regulations governing the emission of pollutants into
the ground, water or air.
[Ord. #6-1989, § 521.4]
No materials or wastes shall be deposited upon a lot in such
form or manner that they can be transferred off the lot, directly
or indirectly, by natural forces such as precipitation, surface water,
evaporation or wind. All materials or wastes which might create a
pollutant, be a safety hazard or be a health hazard shall be stored
indoors or be enclosed in appropriate containers to eliminate such
pollutant or hazard. No flammable or explosive substance shall be
stored on a property except under conditions approved by the Fire
Department.
[Ord. #6-1989, § 522]
All public services shall be connected to approved public utilities
systems where they exist.
[Ord. #6-1989, § 522.1]
The developer shall arrange with the servicing utility for the
underground installation of the utility's distribution supply lines
and service connections in accordance with the provisions of the applicable
standard terms and conditions incorporated as part of its tariff as
the same are then on file with the State of New Jersey Board of Public
Utility Commissioners.
[Ord. #6-1989, § 522.2]
The developer shall submit to the approving authority, prior
to the granting of final approval, a written instrument from each
serving utility which shall evidence full compliance or intended full
compliance with the provisions of this section; provided, however,
lots which abut existing streets where overhead electric or telephone
distribution supply lines and service connections have heretofore
been installed may be supplied with electric and telephone service
from those overhead lines, but the service connections from the utilities'
overhead lines shall be installed underground. In the case of existing
overhead utilities, should a road widening or an extension of service
or other such condition occur as a result of the development and necessitate
the replacement, relocation or extension of such utilities, such replacement,
relocation or extension shall be underground.
[Ord. #6-1989, § 522.3]
Where natural foliage is not sufficient to provide year round
screening of any utility apparatus appearing above the surface of
the ground, other than utility poles, the applicant shall provide
sufficient live screening to conceal such apparatus year round.
[Ord. #6-1989, § 522.4]
On any lot where, by reason of soil conditions, rock formations, wooded area or other special condition of land, the developer deems it a hardship to comply with the provisions of this section, the developer may apply to the approving authority for an exception from the terms of this section in accordance with the procedure and provisions of Section 22-402, Exceptions. Where overhead lines are permitted as the exception, the alignments and pole locations shall be carefully routed to avoid locations along horizons and avoid the clearing of swaths through treed areas but selective cutting and a staggered alignment, by planting trees in open areas at key locations to minimize the views of the poles and alignments, by following rear lot lines and other interior locations and similar design and location considerations to lessen the visual impact of overhead lines.
[Ord. #6-1989, § 522.5]
Any installation under this section to be performed by a servicing
utility shall be exempt from the requirement of performance guaranties,
but shall be subject to inspection and certification by the Municipal
Engineer.
[Ord. #6-1989, § 523.1]
If a central sanitary sewer treatment and collection system
is accessible, the developer shall construct sewerage facilities to
transport all sewage to the collection and treatment system. Where
a treatment and collection system is part of an adopted Borough capital
improvements program and said system will be accessible to the proposed
development, the developer shall install dry sewer designed to tie
into the proposed facility upon its completion.
[Ord. #6-1989, § 523.2]
Any sanitary sewage collection system shall be adequate to handle all present and probable future development. Alignments outside streets shall require easements or rights-of-way in accordance with Section 22-509, Easements.
[Ord. #6-1989, § 523.3]
Any treatment plant, collection system and individual on-lot
septic system shall be designed in accordance with the requirements
of the State Department of Environmental Protection and Borough ordinances.
[Ord. #6-1989, § 524]
All trees shall have a minimum diameter of two inches measured at breast height and be of a species approved by the approving authority. Trees shall be planted 40 feet to 60 feet apart and parallel to but no closer than 20 feet to the curbline and shall be balled and burlapped, nursery-grown, free from insects and disease and true to species and variety. Stripping trees from a lot or filling soil around trees on a lot shall not be permitted unless it can be shown that grading requirements necessitate removal of trees. Where trees are removed, an equivalent number of new trees shall be planted, placed in appropriate locations considering soil stabilization, existing trees remaining, and compatibility with adjacent lots. Dead or dying trees shall be replaced by the developer during the next recommended planting season. Parking lots shall be planted as required in Section 22-520, Off-Street Parking and Loading.
[Ord. #6-1989, § 525]
Sidewalks shall be installed in locations determined by the approving authority to be in the interest of public safety and proper pedestrian circulation, considering the probable volume of pedestrian traffic, the adjoining street classification where sidewalks parallel streets, school bus stops, recreation areas, schools and the general type of improvement intended. Where required, sidewalks shall be at least four feet wide and may be constructed of concrete, brick or bituminous material, as determined by the approving authority. If constructed of concrete, sidewalks shall be at least four inches thick, except at points of vehicular crossing, where they shall be at least six inches thick, of Class B concrete having a twenty-eight-day compressive strength of 4,000 pounds per square inch and shall be air-entrained. If constructed of bituminous materials, they shall adhere to the bikeway standards. Where sidewalks cross curbs, curb ramps shall be provided as outlined in Section 22-507, Curbs. Preformed expansion joint material shall be placed on concrete sidewalks at twenty-foot maximum intervals and where sidewalks abut curbing or a structure.
[Ord. #6-1989, § 526]
Sight triangles shall be required at each quadrant of an intersection
of streets and at intersections of streets and driveways accessing
nonresidential parking areas. The area within sight triangles shall
be either dedicated as part of the street right-of-way or maintained
as part of the lot adjoining the street and set aside on any subdivision
or site plan as a sight triangle easement. Within a sight triangle,
no grading, planting or structure shall be erected or maintained more
than 30 inches above the center line grade of either intersecting
street or driveway or lower than eight feet above their center lines,
excluding street name signs and official traffic regulation signs.
Where any street or driveway intersection involves earth banks or
vegetation, including trees, the developer shall trim such vegetation
and trees as well as establish proper excavation and grading to provide
the sight triangle. The sight triangle is that area bounded by the
intersecting street center lines and a straight line which connects
sight points located on each of the two intersecting street center
lines 90 feet from the centerline intersection. A sight triangle easement
dedication shall be expressed on the plat as follows: "Sight triangle
easement subject to grading, planting and construction restrictions
as provided for in the Spring Lake Heights Development Regulations
Ordinance." Portions of a lot set aside for the sight triangle may
be included in establishing the minimum setbacks required by the zoning
provisions.
[Ord. #6-1989, § 527]
All site plans and major subdivisions shall incorporate soil erosion and sediment control programs phased according to the scheduled progress of the development, including anticipated starting and completion dates. The purpose is to control soil erosion and sediment damages and related environmental damage by requiring adequate provisions for surface water retention and drainage and for the protection of exposed soil surfaces in order to promote the public health, safety, convenience and general welfare of the community. See Section 22-513, Floodplain Regulations, and Section 22-528, Stormwater Runoff.
[Ord. #6-1989, § 527.1]
a.
No building permit shall be issued for any application requiring
either site plan or major subdivisions approval until final plat approval
has been given, including an approved soil erosion and sediment control
plan.
b.
No person shall proceed with any soil removal, soil disturbance or
land grading without first having obtained either a permit for that
purpose or a building permit based on an approved plat as outlined
above.
[Ord. #6-1989, § 527.2]
a.
A plan showing the area(s) of soil removal, soil disturbance and
land grading and establishing the means for controlling soil erosion
and sedimentation for each site or portion of a site when developed
in stages.
b.
The soil erosion and sediment control measures shall be certified
by the Soil Conservation District in the development of the plan and
the selection of appropriate erosion and sediment control measures.
c.
The plan shall be prepared by a professional engineer licensed in
the State, except in the instances where the preparation of a plan
does not include or require the practice of engineering as defined
in N.J.S.A. 45:8-28, and shall contain:
1.
Location and description of existing natural and manmade features
on and surrounding the site, including general topography and soil
characteristics and a copy of the County Soil Conservation District
Soil Survey (where available).
2.
Location and description of the work and proposed changes to the
site, including contours and spot elevations, showing existing and
post construction conditions, and, in the case of soil mining, a description
of the equipment to be used for any processing of the soil and the
number of cubic yards of soil to be removed.
3.
Measures for soil erosion and sediment control.
4.
A schedule of the sequence of installation of planned erosion and
sediment control measures as related to the progress of the project,
including anticipated starting and completion dates.
5.
All proposed revisions of data required shall be submitted for approval.
6.
Description of means for maintenance or erosion and sediment control
measures and facilities during and after construction.
[Ord. #6-1989, § 527.3]
a.
Control measures shall apply to all aspects of the proposed land
disturbances and shall be in operation during all stages of the disturbance
activity. The following principles shall apply to the soil erosion
and sediment control plan:
1.
Stripping of vegetation, grading or other soil disturbance shall
be done in a manner which will minimize soil erosion.
2.
Whenever feasible, natural vegetation shall be retained and protected.
3.
The extent of the disturbed area and the duration of its exposure
shall be kept within practical limits.
4.
Either temporary seeding, mulching or other suitable stabilization
measures shall be used to protect exposed critical areas during construction
or other land disturbances.
5.
Drainage provisions shall accommodate increased runoff resulting
from modified soil and surface conditions during and after development
or land disturbance.
6.
Water runoff shall be minimized and retained on site wherever possible
to facilitate groundwater recharge.
7.
Sediment shall be retained on site.
8.
Diversions, sediment basins and similar required structures shall
be installed prior to any on-site grading or land disturbances.
b.
Grading and Filling. All lots where fill material is deposited shall
have clean fill and/or topsoil deposited which shall be graded to
allow complete surface draining of the lot into local storm sewer
systems or natural drainage courses. No regrading of a lot shall be
permitted which would create or aggravate water stagnation or a drainage
problem on site or on adjacent properties or which will violate this
chapter. Grading shall be limited to areas shown on an approved site
plan or subdivision. Any topsoil disturbed during approved excavation
and grading operations shall be redistributed throughout the site.
c.
Soil Removal and Redistribution. Excavation of soil other than as
required for the construction of approved structures and supporting
facilities, such as but not limited to streets, driveways and parking
areas, shall be prohibited. Regrading of property so as to redistribute
topsoil throughout the site from areas excavated shall be done in
the following manner to minimize or eliminate the erosion of soil.
Any application proposing the disturbance of more than 5,000 square
feet of surface area of land as defined in the Soil Erosion and Sediment
Control Act (c.251, P.L. 1975) shall include on its plan the following:
the means to control or prevent erosion; providing for sedimentation
basin(s) for soil that does erode due to water; controlling drainage,
dust and mud on the premises as well as abutting lands; preserving
soil fertility and the ability of the area to support plant and tree
growth by maintenance of adequate topsoil consisting of at least six
inches of the original layer; maintaining necessary lateral support
and grades of abutting lands, structures and other improvements; preventing
pits and declivities which are hazardous or which provide insect breeding
locations; and not altering the physical limitations and characteristics
of the soil in such a way as to prevent the use to which the land
may lawfully be put.
[Ord. #6-1989, § 527.4]
All erosion and sediment control measures installed shall be
maintained for one year after completion of the improvements or until
such measures are permanently stabilized as determined by the Municipal
Engineer, whichever is longer. The Municipal Engineer shall give the
applicant, upon the applicant's request, certification of this determination.
[Ord. #6-1989, § 527.5]
If no subdivision or site plan is required, a separate report by the Municipal Engineer shall be obtained. The Borough Engineer shall make a report on the application within 30 days of its receipt. The report shall comment upon all requirements of this section including but not limited to soil characteristics, slopes quantities of soil involved, water table, drainage, road capacities, performance bonds and the utility of the site following completion of the operation. All applications shall require a public hearing as set forth in Section 22-407, Public Hearing and Notices.
[Ord. #6-1989, § 527.6]
The following activities are specifically exempt from the soil
erosion and sediment control provisions:
a.
Land disturbance association with the construction of a single-family
dwelling unit unless such unit is a part of a proposed subdivision,
site plan, zoning variance or building permit application involving
two or more such single-family dwelling units.
b.
Land disturbance of 5,000 square feet or less of the surface area
of the land for the accommodation of construction for which the Standard
Building Code of the State of New Jersey would require a building
permit.
c.
Agricultural use of lands when operated in accordance with a farm
conservation plan approved by the local Soil Conservation District
or when it is determined by the local Soil Conservation District that
such use will not cause excessive erosion and sedimentation.
d.
Use of land for gardening primarily for home consumption.
e.
Percolation tests or soil borings.
[Ord. #6-1989, § 528.1; Ord. No.
2013-06]
All development shall incorporate on-site stormwater facilities, including rain-gardens, that will encourage the recharging of underground aquifers and/or the reduction of the rate of surface runoff from the project site. All measures used to control the rate of stormwater runoff shall comply with the soil erosion and sediment control provisions in Section 22-527, Soil Erosion and Sediment Control.
[Ord. #6-1989, § 528.2 — 528.3]
a.
Where the rate or volume of stormwater runoff from the proposed development
is sufficient to warrant detention of the peak flow, one or more detention
basins shall be included in the project work. Each detention basin
shall have sufficient capacity to accept surface water from a six
inch rainfall in 24 hours. All water stored in the basin shall be
drained from the basin within 36 hours after the peak runoff from
the storm.
b.
Detention basins proposed to be located on or adjacent to any stream
or watercourse, or within any floodway or floodplain, shall be subject
to the approval of the New Jersey Department of Environmental Protection.
[Ord. #6-1989, § 529]
Streetlighting standards of a type and number approved by the
approving authority and Borough Engineer shall be installed at street
intersections and elsewhere as deemed necessary by the approving authority
for public safety. Locations shall include consideration of driver
visibility and sight distances when exiting driveways and when entering
street intersections. The developer shall provide for the installation
of underground service for streetlighting.
[Ord. #6-1989, § 530.1]
All developments shall be served by paved streets with an all-weather
base and pavement with an adequate crown. The arrangement of streets
not shown on the Master Plan or Official Map shall be such as to provide
for the appropriate extension of existing streets, conform to the
topography as far as practicable and allow for continued extension
into adjoining undeveloped tracts.
[Ord. #6-1989, § 530.2]
When a development adjoins land capable of being developed or
subdivided further, suitable provisions shall be made for optimum
access from the adjoining tract to existing or proposed streets.
[Ord. #6-1989, § 530.3]
Local streets shall be designed to discourage through traffic.
[Ord. #6-1989, § 530.4]
In all residential zones, development bounded by any arterial
or collector street shall control access to the streets by having
all driveways intersect minor streets. Where the size, shape, location
or some other unique circumstances may dictate no other alternative
than to have a driveway enter an arterial or collector street, the
lot shall provide on-site turnaround facilities so it is not necessary
to back any vehicle onto an arterial or collector street, and abutting
lots may be required to use abutting driveways with one curb cut.
All lots requiring reverse frontage shall have an additional 25 feet
of depth to allow for the establishment of the buffers outlined below
unless such buffers are established in a reserve strip controlled
by the Borough or County. That portion of the development abutting
an arterial or collector street right-of-way shall either be planted
with nursery-grown trees to a depth of not more than the twenty-five-foot
buffer strip along the right-of-way line and for the full length of
the development so that in a reasonable period of time a buffer area
will exist between the development and the highway or where topography
permits, have earthen berms created at a sufficient height to establish
a buffer between the development and the highway. Berms shall not
be less than five feet in height; they shall be stabilized by ground
cover to prevent soil erosion and shall be planted with evergreens
and deciduous trees according to a landscaping plan so as to be designed
to have no adverse effect on nearby properties. All trees shall be
balled and burlapped nursery stock having a caliper of not less than
three feet above ground level and be of an approved species grown
under the same climatic conditions as at the location of the development.
They shall be of symmetrical growth, free of insect pests and disease,
suitable for street use and durable under the maintenance contemplated.
[Ord. #6-1989, § 530.5]
Street right-of-way shall be measured from lot line to lot line.
The continuation of an existing street shall be at the same width
as the existing street unless a greater width may be required in accordance
with the following schedule. The following alternate street widths
are offered in the interest of reducing the cost of housing and promoting
the conservation of energy by reducing street mileage, through the
cluster designs, the amount of material needed, long term maintenance
and travel distances. Where arterial or collector streets intersect
another arterial or collector streets, the right-of-way and pavement
width shall be increased by 10 feet on the right side of the street
approaching the intersection for a distance of 300 feet from the intersection
of the centerlines.
|
Type of Street
|
Right-of-Way
(feet)
|
Paving Width
(feet)
|
|---|---|---|
|
Arterial:
| ||
|
2 lane
|
66
|
40
|
|
4 lane
|
86
|
56
|
|
Collector
|
60
|
36
|
|
Minor
|
50
|
30
|
[Ord. #6-1989, § 530.6]
No development showing reserve strips controlling access to
streets or another area, either developed or undeveloped, shall be
approved except where the control and disposal of land comprising
such strips has been given to the governing body.
[Ord. #6-1989, § 530.7]
In the event that a development adjoins or includes existing
Borough streets that do not conform to widths as shown on either the
Master Plan or Official Map or the street width requirements of this
chapter, additional land along both sides of said street sufficient
to conform to the right-of-way requirements shall be anticipated in
the subdivision design by creating oversized lots to accommodate the
widening at some future date. The additional widening may be offered
to the Borough for the location, installation, repair and maintenance
of streets, drainage facilities, utilities and other facilities customarily
located on street rights-of-way and shall be expressed on the plat
as follows: "Street right-of-way easement granted to the Borough of
Spring Lake Heights to enter upon these lands for the purposes provided
for and expressed in the Development Regulations Ordinance of the
Borough of Spring Lake Heights." This statement on an approved plat
shall in no way reduce the subdivider's responsibility to provide,
install, repair or maintain any facilities installed in this area
dedicated by ordinance or as shown on the plat or as provided for
by any maintenance or performance guarantee. If the subdivision is
along one side only, 1/2 the required extra width shall be anticipated.
[Ord. #6-1989, § 530.8]
Longitudinal grades on all local streets shall not exceed 10%
and on arterial and collector streets shall not exceed 4%. The minimum
longitudinal gradient shall be 0.5%. Maximum gradients of any street
within 100 feet of an intersection shall be 4%.
[Ord. #6-1989, § 530.9]
Intersecting street lines shall be as nearly at right angles
as possible and in no case shall they be less than 75° at the
point of intersection. The curblines shall be parallel to the center
line. Approaches to all intersections shall follow a straight line
for at least 100 feet measured from the curbline of the intersecting
street to the beginning of the curb. No more than two street center
lines shall meet or intersect at any one point. Collector and arterial
streets intersecting another street from opposite sides shall either
be directly opposite each other without offset or have at least 250
feet offset distance between center lines. Any development abutting
an existing street which is classified as an arterial or collector
street shall be permitted not more than one new street every 800 feet
on the same side of the street within the boundaries of the tract
being subdivided. In the spacing of streets, consideration will be
given to the location of existing intersections on both sides of the
development. Intersections shall be rounded at the curbline, with
the street having the highest radius requirement as outlined below
determining the minimum standard for all curblines: arterial at 40
feet, collector at 30 feet and local streets at 20 feet.
[Ord. #6-1989, § 530.10]
Sight triangles shall be provided as required in Section 22-526, Sight Triangles.
[Ord. #6-1989, § 530.11]
When connecting street lines deflect in any direction, they
shall be connected by a curve with a radius conforming to standard
engineering practice so that the minimum sight distance within the
curbline shall be 160 feet for a local street and 550 feet for an
arterial street.
[Ord. #6-1989, § 530.12]
All changes in center line gradient where the algebraic difference
(A) exceeds 1% shall be connected by a vertical curve having a length
equal to 30(A) for minor roadways and (50)(A) for collector or arterial
roadways. Intersections shall be designed with the least practical
gradient with the advice of the Municipal Engineer.
[Ord. #6-1989, § 530.13]
Where development is proposed along a proposed public street
having only one access point to an existing public street, the following
standards shall be met:
a.
Dead-end streets (cul-de-sacs) 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 adjoining property, shall provide a turnaround at the end
with a right-of-way radius of not less than 50 feet and a curb line
radius of not less than 40 feet. The center point for the radius shall
be on the center line of the associated street or, if offset, to a
point where the curbline radius also becomes a tangent to one of the
curblines of the associated street.
b.
If a dead-end street is of a temporary nature, provisions shall be
made for removal of the turn-around and reversion of the excess right-of-way
to the adjoining properties as an off-tract responsibility of the
developer creating the street extension when the street is extended.
c.
A dead-end street shall serve no more than 20 single-family lots
or 60 townhouse or apartment units.
[Ord. #6-1989, § 530.14]
No street shall have a name which will duplicate or so nearly
duplicate in spelling or phonetic sound the names of existing streets
so as to be confusing therewith. The continuation of an existing street
shall have the same name. The names of new streets must be approved
by the approving authority.
[Ord. #6-1989, § 530.15]
Streets shall be constructed in accordance with the standard
specifications of the New Jersey Department of Transportation.
a.
Pavement thicknesses shall be not less than the following:
1.
Arterial and collector streets: bituminous stabilized base course,
six inches compacted thickness: FABC, two-surface course, two inches
compacted thickness.
2.
Local streets: bituminous stabilized base course, five inches compacted
thickness; FABC, one surface course, 1 1/2 inches compacted thickness.
b.
Where subgrade conditions are wet, springy or of such nature that
surfacing would be inadvisable without first treating the subgrade,
these areas shall be excavated to a depth of at least six to 12 inches
below the proposed subgrade and filled with a suitable subbase material
as determined by the Borough Engineer. Where required by the Engineer,
a system of porous concrete pipe, subsurface drains shall be constructed
beneath the surface of the paving and connected to a suitable drain.
After the subbase material has been properly placed and compacted,
the surfacing material shall be applied.
[Ord. #6-1989, § 531; Ord. No.
2017-07 § 6]
No swimming pool shall be located within 10 feet of any rear
or side property line; the 10 feet shall be measured from the pool
line nearest to any rear and/or side property line. No swimming pool
shall be within five feet of the principal building or any accessory
building. In no case shall the swimming pool be nearer any street
than the principal building to which the pool is an accessory. A fence,
permanent barrier or obstruction not less than four feet nor more
than six feet in height, shall entirely enclose the area on which
the swimming pool is located and bar all reasonable and normal access
to the pool. Access to the area shall be through self-closing and
latched gate or gates. The barrier may enclose a portion of the yard
surrounding the pool. The barrier shall meet State of New Jersey requirements
and be approved by the Borough Construction Official.
[Ord. #6-1989, § 532.1]
No trailer, auto trailer, trailer coach, travel trailer or camper
shall be used for dwelling purposes or as sleeping quarters for one
or more persons, nor shall any such trailer or camper be used for
storage or space for the permanent conduct of any business, profession,
occupation or trade, except that such facilities may be used for temporary
residency as the temporary replacement of a damaged dwelling unit
and for temporary use as a construction office located on site during
construction or for a sales office subject to Planning Board approval,
provided that a temporary permit has been issued for its use by the
Building Inspector. This subsection shall not be construed so as to
prohibit the parking or storage of such trailers and campers on private
premises, but storage shall be located to conform to the yard requirements
for an accessory building.
[Ord. #6-1989, § 532.2]
a.
Temporary for purposes of residential occupancy shall mean 90 days
with an option to extend for one additional ninety-day period.
b.
Temporary for use as a model home and/or construction office shall
mean occupancy during the time of construction.
c.
Any temporary office shall be removed within 15 days of issuance
of the Certificate of Occupancy for the last unit or within 15 days
of cessation of construction activity.
[Ord. No. 11-2012]
a.
Portable Home Storage Unit is defined as a portable shed or storage
container, storage unit, shed-like container or other portable structure
that can or may be used for the storage of personal property of any
kind and which is located for such purposes outside an enclosed building
other than an accessory structure.
b.
A portable home storage unit may be placed upon any property only
upon the issuance of a permit by the Zoning Officer. The application
fee is $25.
c.
Permits will be granted for a period of 30 days. At the expiration
of the thirty-day period, the permittee may seek only one extension
of the permit for up to an additional 15 days for an additional fee
of $25. Each residential property is limited to a maximum of two registrations
per calendar year, and a minimum of 15 days shall elapse between the
end of one registration period and the beginning of another. However,
should a Portable Home Storage Unit Permit be applied for in conjunction
with a building permit, the permits run concurrent and a Certificate
of Occupancy shall not be issued until the storage unit is removed.
d.
Portable Home Storage Units are prohibited from being placed in streets
or in front yards of a property. Portable Home Storage Units must
be kept in the driveway of the property at the furthest accessible
point from the street. All other locations must be pre-approved by
the Zoning Officer and unobtrusive in nature. Portable Home Storage
Units are prohibited at a commercial use property.
e.
This section shall be enforced by the Zoning Officer.
g.
No more than one Portable Home Storage Unit may be located on a specific
piece of property within the Borough at one time; such structures
shall be individually limited to the duration time period established
herein. Such temporary structure shall be located no closer than 10
feet to the property line unless placed on an existing impervious
driveway. Such structure may not exceed eight feet six inches in height,
10 feet in width or 20 feet in length.
h.
In a severe weather event the applicant or supplier shall immediately
remove, or cause to be removed the Portable Home Storage Unit as requested
by the Office of Emergency Management. In order to protect the health,
safety and welfare of its citizens and the property located within
the Borough in such event, the Office of Emergency Management may,
by providing at least twenty-four-hour notice, issue a warning to
the applicant to remove the Portable Home Storage Unit. If applicant
fails to remove the Portable Home Storage Unit within the twenty-four
hour period after such notice has been issued, the Borough, at its
option, may enter into the residential property and remove the Portable
Home Storage Units. The supplier and the applicant shall be jointly
and severally be liable for all costs incurred by the Borough for
the removal of the Portable Home Storage Units under these circumstances.
This right shall not create a duty by the Borough to enter the property
and remove the Portable Home Storage Unit.
[Ord. #6-1989, § 533]
No open space provided around any principal building for the
purpose of complying with front, side or rear yard provisions shall
be considered as providing the yard provisions of another principal
building. On a lot which extends through a block in a manner resulting
in frontage on two or more streets, including corner lots, the building
setback from each street shall not be less than the required front
yard.
[Ord. #6-1989, § 534.1]
Where water supply is accessible from a servicing utility, the
developer shall arrange for the construction of water mains in such
a manner as to make adequate water service available to each lot,
dwelling unit or use within the development. The entire system shall
be designed in accordance with the requirements and standards of the
Borough, County and/or State agency having approval authority and
shall be subject to their approval. The system shall also be designed
with adequate capacity and sustained pressure for present and probable
future development.
[Ord. #6-1989, § 534.2]
Where public water is not available, potable water supply shall
be provided to each lot or dwelling by wells from groundwater supply.
Such wells shall be designed in accordance with the requirements and
standards of the Borough and/or State agency having jurisdiction.
[Ord. #6-1989, § 534.3]
Where water distribution systems are installed outside streets, easements or rights-of-way shall be required to be in accordance with Section 22-509, Easements.
[Added 6-7-2021 by Ord. No. 2021-05]
Editor's Note: Ord. No. 2021-05, adopted 6-7-2021, amended § 22-535 in entirety. Prior history includes Ord. No. 4-2006, Ord. No. 11A-2006, and Ord. No. 3-2007.
This section shall be known as and may be cited as the "Stormwater
Control Regulations of the Borough of Spring Lake Heights".
[Added 6-7-2021 by Ord.
No. 2021-05]
a.
Policy Statement. Flood control, groundwater recharge, and pollutant
reduction shall be achieved through the use of stormwater management
measures, including green infrastructure Best Management Practices
(GI BMPs) and nonstructural stormwater management strategies. GI BMPs
and low impact development (LID) should be utilized to meet the goal
of maintaining natural hydrology to reduce stormwater runoff volume,
reduce erosion, encourage infiltration and groundwater recharge, and
reduce pollution. GI BMPs and LID should be developed based upon physical
site conditions and the origin, nature and the anticipated quantity,
or amount, of potential pollutants. Multiple stormwater management
BMPs may be necessary to achieve the established performance standards
for water quality, quantity, and groundwater recharge.
b.
Purpose. The purpose of this section is to establish minimum stormwater management requirements and controls for "major development," as defined below in Section 22-535.2.
c.
d.
Compatibility with Other Permit and Ordinance Requirements. Development
approvals issued pursuant to this section are to be considered an
integral part of development approvals and do not relieve the applicant
of the responsibility to secure required permits or approvals for
activities regulated by any other applicable code, rule, act, or ordinance.
In their interpretation and application, the provisions of this section
shall be held to be the minimum requirements for the promotion of
the public health, safety, and general welfare.
This section is not intended to interfere with, abrogate, or
annul any other ordinances, rule or regulation, statute, or other
provision of law except that, where any provision of this section
imposes restrictions different from those imposed by any other ordinance,
rule or regulation, or other provision of law, the more restrictive
provisions or higher standards shall control.
[Added 6-7-2021 by Ord.
No. 2021-05]
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 chapter.
Means the increase in soil bulk density.
Means the area from which stormwater runoff drains to a stormwater
management measure, not including the area of the stormwater management
measure itself.
Means a pedestrian-oriented area of commercial and civic
uses serving the surrounding municipality, generally including housing
and access to public transportation.
Means an agency designated by the County Commissioners to
review municipal stormwater management plans and implementing ordinance(s).
The county review agency may either be:
Means the Department of Environmental Protection.
Means a person professionally qualified and duly licensed
in New Jersey to perform engineering services that may include, but
not necessarily be limited to, development of project requirements,
creation and development of project design and preparation of drawings
and specifications.
Means a State Development and Redevelopment Plan Center as
designated by the State Planning Commission such as urban, regional,
town, village, or hamlet.
Means the division of a parcel of land into two or more parcels,
the construction, reconstruction, conversion, structural alteration,
relocation or enlarge-enlargement of any building or structure, any
mining excavation or landfill, and any use or change in the use of
any building or other structure, or land or extension of use of land,
for which permission is required under the Municipal Land Use Law,
N.J.S.A. 40:55D-1 et seq.
In the case of development of agricultural land, development
means: any activity that requires a State permit, any activity reviewed
by the County Agricultural Board (CAB) and the State Agricultural
Development Committee (SADC), and municipal review of any activity
not exempted by the Right to Farm Act, N.J.S.A. 4:1C-1 et seq.
Means the placement or reconstruction of impervious surface
or motor vehicle surface, or exposure and/or movement of soil or bedrock
or clearing, cutting, or removing of vegetation. Milling and repaving
is not considered disturbance for the purposes of this definition.
Means a geographic area within which stormwater, sediments,
or dissolved materials drain to a particular receiving waterbody or
to a particular point along a receiving waterbody.
Means neighborhoods designated by the Urban Coordinating
Council "in consultation and conjunction with" the New Jersey Redevelopment
Authority pursuant to N.J.S.A. 55:19-69.
Means the following areas where the physical alteration of
the land is in some way restricted, either through regulation, easement,
deed restriction or ownership such as: wetlands, floodplains, threatened
and endangered species sites or designated habitats, and parks and
preserves. Habitats of endangered or threatened species are identified
using the Department's Landscape Project as approved by the Department's
Endangered and Nongame Species Program.
Means an area or feature which is of significant environmental
value, including but not limited to: stream corridors, natural heritage
priority sites, habitats of endangered or threatened species, large
areas of contiguous open space or upland forest, steep slopes, and
well head protection and groundwater recharge areas. Habitats of endangered
or threatened species are identified using the Department's Landscape
Project as approved by the Department's Endangered and Nongame Species
Program.
Means the detachment and movement of soil or rock fragments
by water, wind, ice, or gravity.
Means a stormwater management measure that manages stormwater
close to its source by:
Means an area within which water drains to a particular receiving
surface water body, also known as a sub watershed, 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;
A combination of paragraphs b and c above that totals an area
of 1/4 acre or more. The same surface shall not be counted twice when
determining if the combination area equals 1/4 acre or more.
|
Major development includes all developments that are part of
a common plan of development or sale (for example, phased residential
development) that collectively or individually meet any one or more
of 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 chapter. 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 chapter. Alternative stormwater management measures, removal rates, or calculation methods may be utilized, subject to any limitations specified in this chapter, provided the design engineer demonstrates to the municipality, in accordance with § 22-535.4f 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 chapter.
Means an area designated by the State Planning Commission
concentrating facilities and activities which are not organized in
a compact form.
Means a chemical element or compound, such as nitrogen or
phosphorus, which is essential to and promotes the development of
organisms.
Means any individual, corporation, company, partnership,
firm, association, political subdivision of this State and any state,
interstate or Federal agency.
Means any dredged spoil, solid waste, incinerator residue,
filter backwash, sewage, garbage, refuse, oil, grease, sewage sludge,
munitions, chemical wastes, biological materials, medical wastes,
radioactive substance (except those regulated under the Atomic Energy
Act of 1954, as amended (42 U.S.C. §§ 2011 et seq.)),
thermal waste, wrecked or discarded equipment, rock, sand, cellar
dirt, industrial, municipal, agricultural, and construction waste
or runoff, or other residue discharged directly or indirectly to the
land, ground waters or surface waters of the State, or to a domestic
treatment works. "Pollutant" includes both hazardous and nonhazardous
pollutants.
Means the amount of water from precipitation that infiltrates
into the ground and is not evapotranspired.
Means any of the following, alone or in combination:
A net increase of impervious surface;
The total area of impervious surface collected by a new stormwater
conveyance system (for the purpose of this definition, a "new stormwater
conveyance system" is a stormwater conveyance system that is constructed
where one did not exist immediately prior to its construction or an
existing system for which a new discharge location is created);
The total area of impervious surface proposed to be newly collected
by an existing stormwater conveyance system; and/or
The total area of impervious surface collected by an existing
stormwater conveyance system where the capacity of that conveyance
system is increased.
Means any of the following, alone or in combination:
The total area of motor vehicle surface that is currently receiving
water;
A net increase in motor vehicle surface; and/or quality treatment
either by vegetation or soil, by an existing stormwater management
measure, or by treatment at a wastewater treatment plant, where the
water quality treatment will be modified or removed.
Means solid material, mineral or organic, that is in suspension,
is being transported, or has been moved from its site of origin by
air, water or gravity as a product of erosion.
Means the lot or lots upon which a major development is to
occur or has occurred.
Means all unconsolidated mineral and organic material of
any origin.
Means an area delineated on the State Plan Policy Map and
adopted by the State Planning Commission that is intended to be the
focus for much of the State's future redevelopment and revitalization
efforts.
Is defined as the geographic application of the State Development
and Redevelopment Plan's goals and statewide policies, and the Official
Map of these goals and policies.
Means water resulting from precipitation (including rain
and snow) that runs off the land's surface, is transmitted to the
subsurface, or is captured by separate storm sewers or other sewage
or drainage facilities or conveyed by snow removal equipment.
Means an excavation or embankment and related areas designed
to retain stormwater runoff. A stormwater management BMP may either
be normally dry (that is, a detention basin or infiltration system),
retain water in a permanent pool (a retention basin), or be planted
mainly with wetland vegetation (most constructed stormwater wetlands).
Means any practice, technology, process, program, or other
method intended to control or reduce stormwater runoff and associated
pollutants, or to induce or control the infiltration or groundwater
recharge of stormwater or to eliminate illicit or illegal non-stormwater
discharges into stormwater conveyances.
Means a public body authorized by legislation to prepare
stormwater management plans.
Means the geographic area for which a stormwater management
planning agency is authorized to prepare stormwater management plans,
or a specific portion of that area identified in a stormwater management
plan prepared by that agency.
Means water flow on the surface of the ground or in storm
sewers, resulting from precipitation.
Means a flood hazard area in which the flood elevation resulting
from the two-, ten-, or one-hundred-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 one-hundred-year storm, but fluvial in more frequent
storm events.
Means a neighborhood given priority access to State resources
through the New Jersey Redevelopment Authority.
Means a zone designated by the New Jersey Enterprise Zone
Authority pursuant to the New Jersey Urban Enterprise Zones Act, N.J.S.A.
52:27H-60 et. seq.
Is defined as previously developed portions of areas:
Means a structure within, or adjacent to, a water, which
intentionally or coincidentally alters the hydraulic capacity, the
flood elevation resulting from the two-, ten-, or one-hundred-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 6-7-2021 by Ord.
No. 2021-05]
a.
Stormwater management measures for major development shall be designed
to provide erosion control, groundwater recharge, stormwater runoff
quantity control, and stormwater runoff quality treatment as follows:
1.
The minimum standards for erosion control are those established under
the Soil and Sediment Control Act, N.J.S.A. 4:24-39 et seq., and implementing
rules at N.J.A.C. 2:90.
2.
The minimum standards for groundwater recharge, stormwater quality,
and stormwater runoff quantity shall be met by incorporating green
infrastructure.
b.
The standards in this section apply only to new major development
and are intended to minimize the impact of stormwater runoff on water
quality and water quantity in receiving water bodies and maintain
groundwater recharge. The standards do not apply to new major development
to the extent that alternative design and performance standards are
applicable under a regional stormwater management plan or Water Quality
Management Plan adopted in accordance with Department rules.
[Added 6-7-2021 by Ord.
No. 2021-05]
a.
The development shall incorporate a maintenance plan for the stormwater management measures incorporated into the design of a major development in accordance with § 22-535.10.
b.
Stormwater management measures shall avoid adverse impacts of concentrated
flow on habitat for threatened and endangered species as documented
in the Department's Landscape Project or Natural Heritage Database
established under N.J.S.A. 13:1B-15.147 through 15.150, particularly
Helonias bullata (swamp pink) and/or Clemmys muhlnebergi (bog turtle).
c.
The following linear development projects are exempt from the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity requirements of § 22-535.4p, q and r:
1.
The construction of an underground utility line provided that the
disturbed areas are revegetated upon completion; and
2.
The construction of an aboveground utility line provided that the
existing conditions are maintained to the maximum extent practicable;
and
3.
The construction of a public pedestrian access, such as a sidewalk
or trail with a maximum width of 14 feet, provided that the access
is made of permeable material.
d.
A waiver from strict compliance from the green infrastructure, groundwater recharge, stormwater runoff quality, and stormwater runoff quantity requirements of § 22-535.4o, p, q and r may be obtained for the enlargement of an existing public roadway or railroad; or the construction or enlargement of a public pedestrian access, provided that the following conditions are met:
1.
The applicant demonstrates that there is a public need for the project
that cannot be accomplished by any other means;
4.
The applicant demonstrates that it does not own or have other rights to areas, including the potential to obtain through condemnation lands not falling under 22-535.4d3 above within the upstream drainage area of the receiving stream, that would provide additional opportunities to mitigate the requirements of § 22-535.4o, p, q and r that were not achievable onsite.
e.
Tables 1 through 3 below summarize the ability of stormwater best
management practices identified and described in the New Jersey Stormwater
Best Management.
Practices Manual to satisfy the green infrastructure, groundwater recharge, stormwater runoff quality and stormwater runoff quantity standards specified in § 22-535.4o, p, q and r. When designed in accordance with the most current version of the New Jersey Stormwater Best Management Practices Manual, the stormwater management measures found at N.J.A.C. 7:8-5.2(f) Tables 5-1, 5-2 and 5-3 and listed below in Tables 1, 2 and 3 are presumed to be capable of providing stormwater controls for the design and performance standards as outlined in the tables below. Upon amendments of the New Jersey Stormwater Best Management Practices to reflect additions or deletions of BMPs meeting these standards, or changes in the presumed performance of BMPs designed in accordance with the New Jersey Stormwater BMP Manual, the Department shall publish in the New Jersey Registers a notice of administrative change revising the applicable table. The most current version of the BMP Manual can be found on the Department's website at: https://njstormwater.org/bmp_manual2.htm.
f.
Where the BMP tables in the NJ Stormwater Management Rule are different
due to updates or amendments with the tables in this section the BMP
Tables in the Stormwater Management rule at N.J.A.C. 7:8-5.2(f) shall
take precedence.
|
Table 1
Green Infrastructure BMPs for Groundwater Recharge, Stormwater
Runoff Quality, and/or Stormwater Runoff Quantity
| ||||
|---|---|---|---|---|
|
Best Management Practice
|
Stormwater Runoff Quality TSS Removal Rate
(percent)
|
Stormwater Runoff Quantity
|
Groundwater Recharge
|
Minimum Separation from Seasonal High Water Table
(feet)
|
|
Cistern
|
0
|
Yes
|
No
|
—
|
|
Dry well(a)
|
0
|
No
|
Yes
|
2
|
|
Grass swale
|
50 or less
|
No
|
No
|
2(e)
1(f)
|
|
Green roof
|
0
|
Yes
|
No
|
—
|
|
Manufactured treatment device(a) (g)
|
50 or 80
|
No
|
No
|
Dependent upon the device
|
|
Pervious paving system(a)
|
80
|
Yes
|
Yes(b)
No(c)
|
2(b)
1(c)
|
|
Small-scale bioretention basin(a)
|
80 or 90
|
Yes
|
Yes(b)
No(c)
|
2(b)
1(c)
|
|
Small-Scale infiltration basin(a)
|
80
|
Yes
|
Yes
|
2
|
|
Small-scale sand filter
|
80
|
Yes
|
Yes
|
2
|
|
Vegetative filter strip
|
60-80
|
No
|
No
|
—
|
|
(Notes to corresponding to annotations (a) through (g) are found at Table 3)
|
|
Table 2
Green Infrastructure BMPs for Stormwater Runoff Quantity
(or for Groundwater Recharge and/or Stormwater Runoff Quality
with a Waiver or Variance from N.J.A.C. 7:8-5.3)
| ||||
|---|---|---|---|---|
|
Best Management Practice
|
Stormwater Runoff Quality TSS Removal Rate
(percent)
|
Stormwater Runoff Quantity
|
Groundwater Recharge
|
Minimum Separation from Seasonal High Water Table
(feet)
|
|
Bioretention system
|
80 or 90
|
Yes
|
Yes(b)
No(c)
|
2(b)
1(c)
|
|
Infiltration basin
|
80
|
Yes
|
Yes
|
2
|
|
Sand filter(b)
|
80
|
Yes
|
Yes
|
2
|
|
Standard constructed wetland
|
90
|
Yes
|
No
|
N/A
|
|
Wet pond(d)
|
50-90
|
Yes
|
No
|
N/A
|
|
(Notes to corresponding to annotations (b) through (d) are found at Table 3)
|
|
Table 3
BMPs for Groundwater Recharge, Stormwater Runoff Quality, and/or
Stormwater Runoff Quantity
only with a Waiver or Variance from N.J.A.C. 7:8-5.3
| ||||
|---|---|---|---|---|
|
Best Management Practice
|
Stormwater Runoff Quality TSS Removal Rate
(percent)
|
Stormwater Runoff Quantity
|
Groundwater Recharge
|
Minimum Separation from Seasonal High Water Table
(feet)
|
|
Blue roof
|
0
|
Yes
|
No
|
N/A
|
|
Extended detention basin
|
40-60
|
Yes
|
No
|
1
|
|
Manufactured treatment device(h)
|
50 or 80
|
No
|
No
|
Dependent upon the device
|
|
Sand filter(c)
|
80
|
Yes
|
No
|
1
|
|
Subsurface gravel wetland
|
90
|
No
|
No
|
1
|
|
Wet pond
|
50-90
|
Yes
|
No
|
N/A
|
|
Notes to Tables 1, 2, and 3:
| |
|
(a)
|
Subject to the applicable contributory drainage area limitation specified at § 22-535.4o2;
|
|
(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 § 22-535.2;
|
|
(h)
|
Manufactured treatment devices that do not meet the definition of green infrastructure at § 22-535.2.
|
g.
An alternative stormwater management measure, alternative removal rate, and/or alternative method to calculate the removal rate may be used if the design engineer demonstrates the capability of the proposed alternative stormwater management measure and/or the validity of the alternative rate or method to the municipality. A copy of any approved alternative stormwater management measure, alternative removal rate, and/or alternative method to calculate the removal rate shall be provided to the Department in accordance with § 22-535.6b. Alternative stormwater management measures may be used to satisfy the requirements at § 22-535.4o only if the measures meet the definition of green infrastructure at § 22-535.2. Alternative stormwater management measures that function in a similar manner to a BMP listed at § 22-535.4o2 are subject to the contributory drainage area limitation specified at § 22-535.4o2 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 § 22-535.4o2 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 § 22-535.4d is granted from § 22-535.4o.
h.
Whenever the stormwater management design includes one or more BMPs
that will infiltrate stormwater into subsoil, the design engineer
shall assess the hydraulic impact on the groundwater table and design
the site, so as to avoid adverse hydraulic impacts. Potential adverse
hydraulic impacts include, but are not limited to, exacerbating a
naturally or seasonally high water table, so as to cause surficial
ponding, flooding of basements, or interference with the proper operation
of subsurface sewage disposal systems or other subsurface structures
within the zone of influence of the groundwater mound, or interference
with the proper functioning of the stormwater management measure itself.
i.
Design standards for stormwater management measures are as follows:
1.
Stormwater management measures shall be designed to take into account
the existing site conditions, including, but not limited to, environmentally
critical areas; wetlands; flood-prone areas; slopes; depth to seasonal
high-water table; soil type, permeability, and texture; drainage area
and drainage patterns; and the presence of solution-prone carbonate
rocks (limestone);
2.
Stormwater management measures shall be designed to minimize maintenance, facilitate maintenance and repairs, and ensure proper functioning. Trash racks shall be installed at the intake to the outlet structure, as appropriate, and shall have parallel bars with one inch spacing between the bars to the elevation of the water quality design storm. For elevations higher than the water quality design storm, the parallel bars at the outlet structure shall be spaced no greater than one-third the width of the diameter of the orifice or one-third the width of the weir, with a minimum spacing between bars of one inch and a maximum spacing between bars of six inches. In addition, the design of trash racks must comply with the requirements of § 22-535.8c;
3.
Stormwater management measures shall be designed, constructed, and
installed to be strong, durable, and corrosion resistant. Measures
that are consistent with the relevant portions of the Residential
Site Improvement Standards at N.J.A.C. 5:21-7.3, 7.4, and 7.5 shall
be deemed to meet this requirement; and
4.
Stormwater management BMPs shall be designed to meet the minimum safety standards for stormwater management BMPs at § 22-535.8; and
5.
The size of the orifice at the intake to the outlet from the stormwater
management BMP shall be a minimum of 2 1/2 inches in diameter.
j.
Manufactured treatment devices may be used to meet the requirements of this subchapter, provided the pollutant removal rates are verified by the New Jersey Corporation for Advanced Technology and certified by the Department. Manufactured treatment devices that do not meet the definition of green infrastructure at § 22-535.2 may be used only under the circumstances described at § 22-535.4o4.
k.
Any application for a new agricultural development that meets the definition of major development at § 22-535.2 shall be submitted to the Soil Conservation District for review and approval in accordance with the requirements at § 22-535.4o, p, q and r and any applicable Soil Conservation District guidelines for stormwater runoff quantity and erosion control. For purposes of this subsection, "agricultural development" means land uses normally associated with the production of food, fiber, and livestock for sale. Such uses do not include the development of land for the processing or sale of food and the manufacture of agriculturally related products.
l.
If there is more than one drainage area, the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at § 22-535.4p, q and r shall be met in each drainage area, unless the runoff from the drainage areas converge onsite and no adverse environmental impact would occur as a result of compliance with any one or more of the individual standards being determined utilizing a weighted average of the results achieved for that individual standard across the affected drainage areas.
m.
Any stormwater management measure authorized under the municipal stormwater management plan or ordinance shall be reflected in a deed notice recorded in the Office of the County Clerk. A form of deed notice shall be submitted to the municipality for approval prior to filing. The deed notice shall contain a description of the stormwater management measure(s) used to meet the green infrastructure, groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at § 22-535.4o, 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 § 22-535.10b5. Prior to the commencement of construction, proof that the above required deed notice has been filed shall be submitted to the municipality. Proof that the required information has been recorded on the deed shall be in the form of either a copy of the complete recorded document or a receipt from the Clerk or other proof of recordation provided by the recording office. However, if the initial proof provided to the municipality is not a copy of the complete recorded document, a copy of the complete recorded document shall be provided to the municipality within 180 calendar days of the authorization granted by the municipality.
n.
A stormwater management measure approved under the municipal stormwater management plan or ordinance may be altered or replaced with the approval of the municipality, if the municipality determines that the proposed alteration or replacement meets the design and performance standards pursuant to § 22-535.4 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 County Clerk and shall contain a description and location of the stormwater management measure, as well as reference to the maintenance plan, in accordance with paragraph m above. Prior to the commencement of construction, proof that the above required deed notice has been filed shall be submitted to the municipality in accordance with paragraph m above.
o.
Green Infrastructure Standards.
1.
This subsection specifies the types of green infrastructure BMPs
that may be used to satisfy the groundwater recharge, stormwater runoff
quality, and stormwater runoff quantity standards.
2.
To satisfy the groundwater recharge and stormwater runoff quality standards at § 22-535.4p and q, the design engineer shall utilize green infrastructure BMPs identified in Table 1 at § 22-535.4f and/or an alternative stormwater management measure approved in accordance with § 22-535.4g. 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.
If a variance in accordance with N.J.A.C. 7:8-4.6 or a waiver from strict compliance in accordance with § 22-535.4d 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 § 22-535.4g may be used to meet the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at § 22-535.4p, q and r.
5.
For separate or combined storm sewer improvement projects, such as sewer separation, undertaken by a government agency or public utility (for example, a sewerage company), the requirements of this subsection shall only apply to areas owned in fee simple by the government agency or utility, and areas within a right-of-way or easement held or controlled by the government agency or utility; the entity shall not be required to obtain additional property or property rights to fully satisfy the requirements of this subsection. Regardless of the amount of area of a separate or combined storm sewer improvement project subject to the green infrastructure requirements of this subsection, each project shall fully comply with the applicable groundwater recharge, stormwater runoff quality control, and stormwater runoff quantity standards at § 22-535.4 p, q and r, unless the project is granted a waiver from strict compliance in accordance with § 22-535.4d.
p.
Groundwater Recharge Standards.
1.
This subsection contains the minimum design and performance standards
for groundwater recharge as follows.
2.
The design engineer shall, using the assumptions and factors for stormwater runoff and groundwater recharge calculations at § 22-535.5, either:
(a)
Demonstrate through hydrologic and hydraulic analysis that the
site and its stormwater management measures maintain 100% of the average
annual pre-construction groundwater recharge volume for the site;
or
(b)
Demonstrate through hydrologic and hydraulic analysis that the
increase of stormwater runoff volume from pre-construction to post-construction
for the two-year storm is infiltrated.
3.
This groundwater recharge requirement does not apply to projects
within the "urban redevelopment area," or to projects subject to paragraph
4 below.
4.
The following types of stormwater shall not be recharged:
(a)
Stormwater from areas of high pollutant loading. High pollutant
loading areas are areas in industrial and commercial developments
where solvents and/or petroleum products are loaded/unloaded, stored,
or applied, areas where pesticides are loaded/unloaded or stored;
areas where hazardous materials are expected to be present in greater
than "reportable quantities" as defined by the United States Environmental
Protection Agency (EPA) at 40 CFR 302.4; areas where recharge would
be inconsistent with Department approved remedial action work plan
or landfill closure plan and areas with high risks for spills of toxic
materials, such as gas stations and vehicle maintenance facilities;
and
(b)
Industrial stormwater exposed to "source material." "Source
material" means any material(s) or machinery, located at an industrial
facility, that is directly or indirectly related to process, manufacturing
or other industrial activities, which could be a source of pollutants
in any industrial stormwater discharge to groundwater. Source materials
include, but are not limited to, raw materials; intermediate products;
final products; waste materials; by-products; industrial machinery
and fuels, and lubricants, solvents, and detergents that are related
to process, manufacturing, or other industrial activities that are
exposed to stormwater.
q.
Stormwater Runoff Quality Standards.
1.
This subsection contains the minimum design and performance standards
to control stormwater runoff quality impacts of major development.
Stormwater runoff quality standards are applicable when the major
development results in an increase of 1/4 acre or more of regulated
motor vehicle surface.
2.
Stormwater management measures shall be designed to reduce the post-construction
load of total suspended solids (TSS) in stormwater runoff generated
from the water quality design storm as follows:
(a)
Eighty percent TSS removal of the anticipated load, expressed
as an annual average shall be achieved for the stormwater runoff from
the net increase of motor vehicle surface.
(b)
If the surface is considered regulated motor vehicle surface
because the water quality treatment for an area of motor vehicle surface
that is currently receiving water quality treatment either by vegetation
or soil, by an existing stormwater management measure, or by treatment
at a wastewater treatment plant is to be modified or removed, the
project shall maintain or increase the existing TSS removal of the
anticipated load expressed as an annual average.
3.
The requirement to reduce TSS does not apply to any stormwater runoff
in a discharge regulated under a numeric effluent limitation for TSS
imposed under the New Jersey Pollutant Discharge Elimination System
(NJPDES) rules, N.J.A.C. 7:14A, or in a discharge specifically exempt
under a NJPDES permit from this requirement. Every major development,
including any that discharge into a combined sewer system, shall comply
with paragraph 2 above, unless the major development is itself subject
to a NJPDES permit with a numeric effluent limitation for TSS or the
NJPDES permit to which the major development is subject exempts the
development from a numeric effluent limitation for TSS.
4.
The water quality design storm is 1.25 inches of rainfall in two
hours. Water quality calculations shall take into account the distribution
of rain from the water quality design storm, as reflected in Table
4, below. The calculation of the volume of runoff may take into account
the implementation of stormwater management measures.
|
Table 4 - Water Quality Design Storm Distribution
| |||||
|---|---|---|---|---|---|
|
Time
(Minutes)
|
Cumulative Rainfall
Inches)
|
Time
(Minutes)
|
Cumulative Rainfall
(Inches)
|
Time
(Minutes)
|
Cumulative Rainfall
(Inches)
|
|
1
|
0.00166
|
41
|
0.1728
|
81
|
1.0906
|
|
2
|
0.00332
|
42
|
0.1796
|
82
|
1.0972
|
|
3
|
0.00498
|
43
|
0.1864
|
83
|
1.1038
|
|
4
|
0.00664
|
44
|
0.1932
|
84
|
1.1104
|
|
5
|
0.00830
|
45
|
0.2000
|
85
|
1.1170
|
|
6
|
0.00996
|
46
|
0.2117
|
86
|
1.1236
|
|
7
|
0.01162
|
47
|
0.2233
|
87
|
1.1302
|
|
8
|
0.01328
|
48
|
0.2350
|
88
|
1.1368
|
|
9
|
0.01494
|
49
|
0.2466
|
89
|
1.1434
|
|
10
|
0.01660
|
50
|
0.2583
|
90
|
1.1500
|
|
11
|
0.01828
|
51
|
0.2783
|
91
|
1.1550
|
|
12
|
0.01996
|
52
|
0.2983
|
92
|
1.1600
|
|
13
|
0.02164
|
53
|
0.3183
|
93
|
1.1650
|
|
14
|
0.02332
|
54
|
0.3383
|
94
|
1.1700
|
|
15
|
0.02500
|
55
|
0.3583
|
95
|
1.1750
|
|
16
|
0.03000
|
56
|
0.4116
|
96
|
1.1800
|
|
17
|
0.03500
|
57
|
0.4650
|
97
|
1.1850
|
|
18
|
0.04000
|
58
|
0.5183
|
98
|
1.1900
|
|
19
|
0.04500
|
59
|
0.5717
|
99
|
1.1950
|
|
20
|
0.05000
|
60
|
0.6250
|
100
|
1.2000
|
|
21
|
0.05500
|
61
|
0.6783
|
101
|
1.2050
|
|
22
|
0.06000
|
62
|
0.7317
|
102
|
1.2100
|
|
23
|
0.06500
|
63
|
0.7850
|
103
|
1.2150
|
|
24
|
0.07000
|
64
|
0.8384
|
104
|
1.2200
|
|
25
|
0.07500
|
65
|
0.8917
|
105
|
1.2250
|
|
26
|
0.08000
|
66
|
0.9117
|
106
|
1.2267
|
|
27
|
0.08500
|
67
|
0.9317
|
107
|
1.2284
|
|
28
|
0.09000
|
68
|
0.9517
|
108
|
1.2300
|
|
29
|
0.09500
|
69
|
0.9717
|
109
|
1.2317
|
|
30
|
0.10000
|
70
|
0.9917
|
110
|
1.2334
|
|
31
|
0.10660
|
71
|
1.0034
|
111
|
1.2351
|
|
32
|
0.11320
|
72
|
1.0150
|
112
|
1.2367
|
|
33
|
0.11980
|
73
|
1.0267
|
113
|
1.2384
|
|
34
|
0.12640
|
74
|
1.0383
|
114
|
1.2400
|
|
35
|
0.13300
|
75
|
1.0500
|
115
|
1.2417
|
|
36
|
0.13960
|
76
|
1.0568
|
116
|
1.2434
|
|
37
|
0.14620
|
77
|
1.0636
|
117
|
1.2450
|
|
38
|
0.15280
|
78
|
1.0704
|
118
|
1.2467
|
|
39
|
0.15940
|
79
|
1.0772
|
119
|
1.2483
|
|
40
|
0.16600
|
80
|
1.0840
|
120
|
1.2500
|
5.
If more than one BMP in series is necessary to achieve the required
80% TSS reduction for a site, the applicant shall utilize the following
formula to calculate TSS reduction:
|
R = A + B - (A x B)/100
|
|
Where:
| ||
|
R
|
=
|
total TSS percent load removal from application of both BMPs.
|
|
A
|
=
|
the TSS percent removal rate applicable to the first BMP.
|
|
B
|
=
|
the TSS percent removal rate applicable to the second BMP.
|
6.
Stormwater management measures shall also be designed to reduce, to the maximum extent feasible, the post-construction nutrient load of the anticipated load from the developed site in stormwater runoff generated from the water quality design storm. In achieving reduction of nutrients to the maximum extent feasible, the design of the site shall include green infrastructure BMPs that optimize nutrient removal while still achieving the performance standards in § 22-535.4 p, q and r.
7.
In accordance with the definition of FW1 at N.J.A.C. 7:9B-1.4, stormwater
management measures shall be designed to prevent any increase in stormwater
runoff to waters classified as FW1.
8.
The Flood Hazard Area Control Act Rules at N.J.A.C. 7:13-4.1(c)1
establish 300-foot riparian zones along Category One waters, as designated
in the Surface Water Quality Standards at N.J.A.C. 7:9B, and certain
upstream tributaries to Category One waters. A person shall not undertake
a major development that is located within or discharges into a 300-foot
riparian zone without prior authorization from the Department under
N.J.A.C. 7:13.
9.
Pursuant to the Flood Hazard Area Control Act Rules at N.J.A.C. 7:13-11.2(j)3.i,
runoff from the water quality design storm that is discharged within
a 300-foot riparian zone shall be treated in accordance with this
subsection to reduce the post-construction load of total suspended
solids by 95% of the anticipated load from the developed site, expressed
as an annual average.
10.
This stormwater runoff quality standards do not apply to the
construction of one individual single-family dwelling, provided that
it is not part of a larger development or subdivision that has received
preliminary or final site plan approval prior to December 3, 2018,
and that the motor vehicle surfaces are made of permeable material(s)
such as gravel, dirt, and/or shells.
r.
Stormwater Runoff Quantity Standards.
1.
This subsection contains the minimum design and performance standards
to control stormwater runoff quantity impacts of major development.
2.
In order to control stormwater runoff quantity impacts, the design engineer shall, using the assumptions and factors for stormwater runoff calculations at § 22-535.5, complete one of the following:
(a)
Demonstrate through hydrologic and hydraulic analysis that for
stormwater leaving the site, post-construction runoff hydrographs
for the two-, ten- and one-hundred-year storm events do not exceed,
at any point in time, the pre-construction runoff hydrographs for
the same storm events;
(b)
Demonstrate through hydrologic and hydraulic analysis that there
is no increase, as compared to the pre-construction condition, in
the peak runoff rates of stormwater leaving the site for the two-,
ten- and one-hundred-year storm events and that the increased volume
or change in timing of stormwater runoff will not increase flood damage
at or downstream of the site. This analysis shall include the analysis
of impacts of existing land uses and projected land uses assuming
full development under existing zoning and land use ordinances in
the drainage area;
(c)
Design stormwater management measures so that the post-construction
peak runoff rates for the two-, ten- and one-hundred-year storm events
are 50%, 75% and 80%, respectively, of the pre-construction peak runoff
rates. The percentages apply only to the post-construction stormwater
runoff that is attributable to the portion of the site on which the
proposed development or project is to be constructed; or
(d)
In tidal flood hazard areas, stormwater runoff quantity analysis
in accordance with paragraphs 2(a), 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.
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 6-7-2021 by Ord.
No. 2021-05]
a.
Stormwater runoff shall be calculated in accordance with the following:
1.
The design engineer shall calculate runoff using one of the following
methods:
(a)
The USDA Natural Resources Conservation Service (NRCS) methodology, including the NRCS Runoff Equation and Dimensionless Unit Hydrograph, as described in Chapters 7, 9, 10, 15 and 16 Part 630, Hydrology National Engineering Handbook, incorporated herein by reference as amended and supplemented. This methodology is additionally described in Technical Release 55 - Urban Hydrology for Small Watersheds (TR-55), dated June 1986, incorporated herein by reference as amended and supplemented. Information regarding the methodology is available from the Natural Resources Conservation Service website at: https://www.nrcs.usda.gov/Internet/FSE_DOCUMENTS/stelprdb10441 71.pdf or at United States Department of Agriculture Natural Resources Conservation Service, 220 Davison Avenue, Somerset, New Jersey 08873; or
(b)
The Rational Method for peak flow and the Modified Rational
Method for hydrograph computations. The rational and modified rational
methods are described in "Appendix A-9 Modified Rational Method" in
the Standards for Soil Erosion and Sediment Control in New Jersey,
January 2014. This document is available from the State Soil Conservation
Committee or any of the Soil Conservation Districts listed at N.J.A.C.
2:90-1.3(a)3. The location, address, and telephone number for each
Soil Conservation District is available from the State Soil Conservation
Committee, PO Box 330, Trenton, New Jersey 08625. The document is
also available at: http://www.nj.gov/agriculture/divisions/anr/pdf/2014NJSoilErosionCont
rolStandardsComplete.pdf.
2.
For the purpose of calculating runoff coefficients and groundwater recharge, there is a presumption that the pre-construction condition of a site or portion thereof is a wooded land use with good hydrologic condition. The term "runoff coefficient" applies to both the NRCS methodology above at § 22-535.5a1(a) and the Rational and Modified Rational Methods at § 22-535a1(b). A runoff coefficient or a groundwater recharge land cover for an existing condition may be used on all or a portion of the site if the design engineer verifies that the hydrologic condition has existed on the site or portion of the site for at least five years without interruption prior to the time of application. If more than one land cover have existed on the site during the five years immediately prior to the time of application, the land cover with the lowest runoff potential shall be used for the computations. In addition, there is the presumption that the site is in good hydrologic condition (if the land use type is pasture, lawn, or park), with good cover (if the land use type is woods), or with good hydrologic condition and conservation treatment (if the land use type is cultivation).
3.
In computing pre-construction stormwater runoff, the design engineer
shall account for all significant land features and structures, such
as ponds, wetlands, depressions, hedgerows, or culverts, that may
reduce pre-construction stormwater runoff rates and volumes.
4.
In computing stormwater runoff from all design storms, the design
engineer shall consider the relative stormwater runoff rates and/or
volumes of pervious and impervious surfaces separately to accurately
compute the rates and volume of stormwater runoff from the site. To
calculate runoff from unconnected impervious cover, urban impervious
area modifications as described in the NRCS Technical Release 55 -
Urban Hydrology for Small Watersheds or other methods may be employed.
5.
If the invert of the outlet structure of a stormwater management
measure is below the flood hazard design flood elevation as defined
at N.J.A.C. 7:13, the design engineer shall take into account the
effects of tailwater in the design of structural stormwater management
measures.
b.
Groundwater recharge may be calculated in accordance with the following:
The New Jersey Geological Survey Report GSR-32, A Method for Evaluating
Groundwater-Recharge Areas in New Jersey, incorporated herein by reference
as amended and supplemented. Information regarding the methodology
is available from the New Jersey Stormwater Best Management Practices
Manual; at the New Jersey Geological Survey website at: https://www.nj.gov/dep/njgs/pricelst/gsreport/gsr32.pdf
or at New Jersey Geological and Water Survey, 29 Arctic Parkway, PO
Box 420 Mail Code 29-01, Trenton, New Jersey 08625-0420.
[Added 6-7-2021 by Ord.
No. 2021-05]
a.
Technical guidance for stormwater management measures can be found
in the documents listed below, which are available to download from
the Department's website at: http://www.nj.gov/dep/stormwater/bmp_manual2.htm.
1.
Guidelines for stormwater management measures are contained in the
New Jersey Stormwater Best Management Practices Manual, as amended
and supplemented. Information is provided on stormwater management
measures such as, but not limited to, those listed in Tables 1, 2,
and 3.
2.
Additional maintenance guidance is available on the Department's
website at: https://www.njstormwater.org/maintenance_guidance.htm.
b.
Submissions required for review by the Department should be mailed
to: The Division of Water Quality, New Jersey Department of Environmental
Protection, Mail Code 401-02B, PO Box 420, Trenton, New Jersey 08625-0420.
[Added 6-7-2021 by Ord.
No. 2021-05]
a.
Site design features identified under § 22-535.4f above, or alternative designs in accordance with § 22-535.4g 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 § 22-535.7a2 below.
1.
Design engineers shall use one of the following grates whenever they
use a grate in pavement or another ground surface to collect stormwater
from that surface into a storm drain or surface water body under that
grate:
(a)
The New Jersey Department of Transportation (NJDOT) bicycle
safe grate, which is described in Chapter 2.4 of the NJDOT Bicycle
Compatible Roadways and Bikeways Planning and Design Guidelines; or
(b)
A different grate, if each individual clear space in that grate
has an area of no more than 7.0 square inches, or is no greater than
0.5 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)
For curb-opening inlets, including curb-opening inlets in combination
inlets, the clear space in that curb opening, or each individual clear
space if the curb opening has two or more clear spaces, shall have
an area of no more than 7.0 square inches, or be no greater than 2.0
inches across the smallest dimension.
2.
The standard in paragraph a1 above does not apply:
(a)
Where each individual clear space in the curb opening in existing
curb-opening inlet does not have an area of more than 9.0 square inches;
(b)
Where the municipality agrees that the standards would cause
inadequate hydraulic performance that could not practicably be overcome
by using additional or larger storm drain inlets;
(c)
Where flows from the water quality design storm as specified
in N.J.A.C. 7:8 are conveyed through any device (e.g., end of pipe
netting facility, manufactured treatment device, or a catch basin
hood) that is designed, at a minimum, to prevent delivery of all solid
and floatable materials that could not pass through one of the following:
(1)
A rectangular space 4.625 inches long and 1.5 inches wide (this
option does not apply for outfall netting facilities); or
(2)
A bar screen having a bar spacing of 0.5 inch.
Note that these exemptions do not authorize any infringement
of requirements in the Residential Site Improvement Standards for
bicycle safe grates in new residential development [N.J.A.C. 5:21-4.18(b)2
and 7.4(b)1].
(d)
Where flows are conveyed through a trash rack that has parallel
bars with one-inch spacing between the bars, to the elevation of the
Water Quality Design Storm as specified in N.J.A.C. 7:8; or
(e)
Where the New Jersey Department of Environmental Protection
determines, pursuant to the New Jersey Register of Historic Places
Rules at N.J.A.C. 7:4-7.2(c), that action to meet this standard is
an undertaking that constitutes an encroachment or will damage or
destroy the New Jersey Register listed historic property.
[Added 6-7-2021 by Ord.
No. 2021-05]
a.
This section sets forth requirements to protect public safety through
the proper design and operation of stormwater management BMPs. This
section applies to any new stormwater management basins.
b.
The provisions of this section are not intended to preempt more stringent municipal or county safety requirements for new or existing stormwater management basins. Municipal and county stormwater management plans and ordinances may, pursuant to their authority, require existing stormwater management basins to be retrofitted to meet one or more of the safety standards in § 22-535.8c1, c2, and c3 for trash racks, overflow grates, and escape provisions at outlet structures.
c.
Requirements for Trash Racks, Overflow Grates and Escape Provisions.
1.
A trash rack is a device designed to catch trash and debris and prevent
the clogging of outlet structures. Trash racks shall be installed
at the intake to the outlet from the Stormwater management basin to
ensure proper functioning of the BMP basin outlets in accordance with
the following:
(a)
The trash rack shall have parallel bars, with no greater than
six-inch spacing between the bars;
(b)
The trash rack shall be designed so as not to adversely affect
the hydraulic performance of the outlet pipe or structure;
(c)
The average velocity of flow through a clean trash rack is not
to exceed 2.5 feet per second under the full range of stage and discharge.
Velocity is to be computed on the basis of the net area of opening
through the rack; and
(d)
The trash rack shall be constructed of rigid, durable, and corrosion
resistant material and designed to withstand a perpendicular live
loading of 300 pounds per square foot.
2.
An overflow grate is designed to prevent obstruction of the overflow
structure. If an outlet structure has an overflow grate, such grate
shall meet the following requirements:
(a)
The overflow grate shall be secured to the outlet structure
but removable for emergencies and maintenance.
(b)
The overflow grate spacing shall be no less than two inches
across the smallest dimension.
(c)
The overflow grate shall be constructed and installed to be
rigid, durable, and corrosion resistant, and shall be designed to
withstand a perpendicular live loading of 300 pounds per square foot.
3.
Stormwater management basins shall include escape provisions as follows:
(a)
If a stormwater management basin has an outlet structure, escape provisions shall be incorporated in or on the structure. Escape provisions include the installation of permanent ladders, steps, rungs, or other features that provide easily accessible means of egress from stormwater management basins. With the prior approval of the municipality pursuant to § 22-535.8c, a free-standing outlet structure may be exempted from this requirement; and
(b)
Safety ledges shall be constructed on the slopes of all new stormwater management basins having a permanent pool of water deeper than 2 1/2 feet. Safety ledges shall be comprised of two steps. Each step shall be four to six feet in width. One step shall be located approximately 2 1/2 feet below the permanent water surface, and the second step shall be located one to 1 1/2 feet above the permanent water surface. See § 22-535.8e for an illustration of safety ledges in a stormwater management basin; and
(c)
In new stormwater management basins, the maximum interior slope
for an earthen dam, embankment, or berm shall not be steeper than
three horizontal to one vertical.
d.
Variance or Exemption from Safety Standard. A variance or exemption
from the safety standards for stormwater management basins may be
granted only upon a written finding by the municipality that the variance
or exemption will not constitute a threat to public safety.
e.
Safety Ledge Illustration.
|
Elevation View - Basin Safety Ledge Configuration
 |
[Added 6-7-2021 by Ord.
No. 2021-05]
a.
Submission of Site Development Stormwater Plan.
1.
Whenever an applicant seeks municipal approval of a development subject to this section, the applicant shall submit all of the required components of the Checklist for the Site Development Stormwater Plan at § 22-535.9c below as part of the submission of the application for approval.
2.
The applicant shall demonstrate that the project meets the standards
set forth in this section.
3.
The applicant shall submit five copies of the materials listed in
the checklist for site development stormwater plans in accordance
with Section C of this section.
b.
Site Development Stormwater Plan Approval. The applicant's Site Development
project shall be reviewed as a part of the review process by the municipal
board or official from which municipal approval is sought. That municipal
board or official shall consult the municipality's review engineer
to determine if all of the checklist requirements have been satisfied
and to determine if the project meets the standards set forth in this
section.
c.
Submission of Site Development Stormwater Plan. The following information
shall be required:
1.
Topographic Base Map. The reviewing engineer may require upstream
tributary drainage system information as necessary. It is recommended
that the topographic base map of the site be submitted which extends
a minimum of 200 feet beyond the limits of the proposed development,
at a scale of one inch equals 200 feet or greater, showing two-foot
contour intervals. The map as appropriate may indicate the following:
existing surface water drainage, shorelines, steep slopes, soils,
erodible soils, perennial or intermittent streams that drain into
or upstream of the Category One waters, wetlands and floodplains along
with their appropriate buffer strips, marshlands and other wetlands,
pervious or vegetative surfaces, existing man-made structures, roads,
bearing and distances of property lines, and significant natural and
man-made features not otherwise shown.
2.
Environmental Site Analysis. A written and graphic description of
the natural and man-made features of the site and its surroundings
should be submitted. This description should include a discussion
of soil conditions, slopes, wetlands, waterways and vegetation on
the site. Particular attention should be given to unique, unusual,
or environmentally sensitive features and to those that provide particular
opportunities or constraints for development.
3.
Project Description and Site Plans. A map (or maps) at the scale
of the topographical base map indicating the location of existing
and proposed buildings roads, parking areas, utilities, structural
facilities for stormwater management and sediment control, and other
permanent structures. The map(s) shall also clearly show areas where
alterations will occur in the natural terrain and cover, including
lawns and other landscaping, and seasonal high groundwater elevations.
A written description of the site plan and justification for proposed
changes in natural conditions shall also be provided.
4.
Land Use Planning and Source Control Plan. This plan shall provide a demonstration of how the goals and standards of § 22-535.3 through § 22-535.5 are being met. The focus of this plan shall be to describe how the site is being developed to meet the objective of controlling groundwater recharge, stormwater quality and stormwater quantity problems at the source by land management and source controls whenever possible.
5.
Stormwater Management Facilities Map. The following information,
illustrated on a map of the same scale as the topographic base map,
shall be included:
(a)
Total area to be disturbed, paved or built upon, proposed surface
contours, land area to be occupied by the stormwater management facilities
and the type of vegetation thereon, and details of the proposed plan
to control and dispose of stormwater.
(b)
Details of all stormwater management facility designs, during
and after construction, including discharge provisions, discharge
capacity for each outlet at different levels of detention and emergency
spillway provisions with maximum discharge capacity of each spillway.
6.
Calculations.
(a)
Comprehensive hydrologic and hydraulic design calculations for the predevelopment and post-development conditions for the design storms specified in § 22-535.4.
(b)
When the proposed stormwater management control measures depend
on the hydrologic properties of soils or require certain separation
from the seasonal high water table, then a soils report shall be submitted.
The soils report shall be based on onsite boring logs or soil pit
profiles. The number and location of required soil borings or soil
pits shall be determined based on what is needed to determine the
suitability and distribution of soils present at the location of the
control measure.
7.
Maintenance and Repair Plan. The design and planning of the stormwater management facility shall meet the maintenance requirements of § 22-535.10.
8.
Waiver from Submission Requirements. The municipal official or board reviewing an application under this section may, in consultation with the municipality's review engineer, waive submission of any of the requirements in § 22-535.9c1 through § 22-535.9c6 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 6-7-2021 by Ord.
No. 2021-05]
b.
General Maintenance.
1.
The design engineer shall prepare a maintenance plan for the stormwater
management measures incorporated into the design of a major development.
2.
The maintenance plan shall contain specific preventative maintenance tasks and schedules; cost estimates, including estimated cost of sediment, debris, or trash removal; and the name, address, and telephone number of the person or persons responsible for preventative and corrective maintenance (including replacement). The plan shall contain information on BMP location, design, ownership, maintenance tasks and frequencies, and other details as specified in Chapter 8 of the NJ BMP Manual, as well as the tasks specific to the type of BMP, as described in the applicable chapter containing design specifics.
3.
If the maintenance plan identifies a person other than the property
owner (for example, a developer, a public agency or homeowners' association)
as having the responsibility for maintenance, the plan shall include
documentation of such person's or entity's agreement to assume this
responsibility, or of the owner's obligation to dedicate a stormwater
management facility to such person under an applicable ordinance or
regulation.
4.
Responsibility for maintenance shall not be assigned or transferred
to the owner or tenant of an individual property in a residential
development or project, unless such owner or tenant owns or leases
the entire residential development or project. The individual property
owner may be assigned incidental tasks, such as weeding of a green
infrastructure BMP, provided the individual agrees to assume these
tasks; however, the individual cannot be legally responsible for all
of the maintenance required.
5.
If the party responsible for maintenance identified under § 22-535.10b3 above is not a public agency, the maintenance plan and any future revisions based on § 22-535.10b7 below shall be recorded upon the deed of record for each property on which the maintenance described in the maintenance plan must be undertaken.
6.
Preventative and corrective maintenance shall be performed to maintain
the functional parameters (storage volume, infiltration rates, inflow/outflow
capacity, etc.), of the stormwater management measure, including,
but not limited to, repairs or replacement to the structure; removal
of sediment, debris, or trash; restoration of eroded areas; snow and
ice removal; fence repair or replacement; restoration of vegetation;
and repair or replacement of non-vegetated linings.
7.
The party responsible for maintenance identified under § 22-535.10b3 above shall perform all of the following requirements:
(a)
Maintain a detailed log of all preventative and corrective maintenance
for the structural stormwater management measures incorporated into
the design of the development, including a record of all inspections
and copies of all maintenance-related work orders;
(b)
Evaluate the effectiveness of the maintenance plan at least
once per year and adjust the plan and the deed as needed; and
(c)
Retain and make available, upon request by any public entity with administrative, health, environmental, or safety authority over the site, the maintenance plan and the documentation required by § 22-535.10b6 and b7 above.
8.
The requirements of § 22-535.10b3 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.
In the event that the stormwater management facility becomes a danger
to public safety or public health, or if it is in need of maintenance
or repair, the municipality shall so notify the responsible person
in writing. Upon receipt of that notice, the responsible person shall
have 14 days to effect maintenance and repair of the facility in a
manner that is approved by the municipal engineer or his designee.
The municipality, in its discretion, may extend the time allowed for
effecting maintenance and repair for good cause. If the responsible
person fails or refuses to perform such maintenance and repair, the
municipality or County may immediately proceed to do so and shall
bill the cost thereof to the responsible person. Nonpayment of such
bill may result in a lien on the property.
c.
Nothing in this subsection shall preclude the municipality in which
the major development is located from requiring the posting of a performance
or maintenance guarantee in accordance with N.J.S.A. 40:55D-53.
[Added 6-7-2021 by Ord.
No. 2021-05]
a.
Any violation of any provision of this section shall be punishable
by a fine not to exceed $2,000 for each offense and/or imprisonment
for a term not exceeding 90 days. The following individuals shall
be subject to punishment:
1.
The homeowners' associations and private lot owners responsible for
the preventative maintenance of residential stormwater management
facilities shall be subject to fines, but not imprisonment, for its
violations of this section.
2.
The owner, general agent, contractor, or occupant of a building,
premises, or part thereof where such a violation has been committed
or does exist; and
3.
The owner or party responsible for the maintenance of nonresidential
stormwater management facilities.
4.
Any agent, contractor, architect, engineer, builder, corporation,
or other person who commits, takes part or assists in the violation.
b.
Continuing Violations. Each day that a violation continues shall
constitute a separate offense.
c.
Reservation of Rights. The imposition of penalties herein shall not
preclude the Borough or any other person from instituting an action
to prevent an unlawful construction, reconstruction, alteration, repair,
conversion, or use or to restrain, correct or abate a violation, or
to prevent the illegal occupancy of a building, land or premises.
d.
Equitable Relief. In addition to the foregoing, the Borough of Spring
Lake Heights may institute and maintain actions for equitable relief.
[Ord. No. 2013-07]
The "Leadership in Energy & Environmental Design Rating
System," Version 3 (LEED 2009), April 2009 Edition, which includes
rating systems for LEED for New Construction and Major Renovation
promulgated by the US Green Building Council ("USGBC") is hereby adopted
by reference and incorporated into this chapter.
[Ord. No. 2013-07]
a.
The Borough supports the use of green building practices and adopts
the use of USGBC's Leadership in Energy Design ("LEED") Rating System
for the design and construction of new buildings and major renovations
and additions to Borough-owned buildings.
b.
The Borough shall incorporate life-cycle and total cost accounting
in the design, construction, and maintenance of all Borough-owned
and financed buildings.
c.
Borough funded capital improvement projects shall meet a minimum
LEED "Silver" rating.
[Ord. No. 2013-07]
a.
To encourage
development projects to incorporate sustainable building and design
measures, the Borough of Spring Lake Heights has established a Sustainability
Checklist as part of the submission checklist for minor site plan,
subdivision/major site plan, subdivision applications. Applicants
are required to fill out the Sustainability Checklist form as a completeness
item.
b.
The Sustainability Checklist form incorporates proposed green energy
and water conservation measures including:
1.
The name of any LEED Accredited Professionals working on the project.
2.
A list of appliances, fixtures and construction techniques which
meet U.S. EPA's ENERGY STAR® and WaterSense
standards.
3.
A list of green and recycled building materials used in construction,
renovation, and maintenance.
4.
A Waste Management Plan for recycling and/or reusing 60% of all construction
and demolition waste generated in projects larger than $25,000 outlining
where waste will be sent for recycling, reuse, reprocessing, or disposal,
together with a letter from each of the recipient facilities.
5.
Use of any water efficient landscaping.
6.
Use of any on-site renewable energy systems such as: Solar, Wind,
Geothermal.
7.
Details of roofing materials designed to reduce the urban heat island
effect such as:
9.
A list of native and well adapted species used in landscaping to
eliminate the need for fertilization and pesticides.
c.
For each of the sustainable building/design items listed on the Sustainability
Checklist form applicants must indicate the extent to which they are
incorporating such a measure in the project; or, alternatively indicate
the reason(s) why the measure is not being incorporated in the project.
[1]
The Sustainability Checklist, referred to herein, may be found
as an attachment to this Chapter.
[Ord. No. 2013-07]
Three copies of the Leadership in Energy & Environmental
Design Rating System (LEED 2009) for New Construction and Major Renovation,
April 2009 Edition, promulgated by the US Green Building Council shall
be maintained on file in the Office of the Borough Clerk.
