Editor's Note: Prior history includes Ord. No. 40-2006.
[Amended 3-2-2021 by Ord.
No. 4-2021]
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 § 210-32.2.
C.
D.
Compatibility with other permit and ordinance requirements. Development
approvals issued pursuant to this ordinance 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 ordinance
shall be held to be the minimum requirements for the promotion of
the public health, safety, and general welfare.
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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 ordinance
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.
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[Amended 3-2-2021 by Ord.
No. 4-2021]
For the purpose of this section, the following terms, phrases,
words and their derivations shall have the meanings stated herein
unless their use in the text of this section clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory. The definitions below are the same as or
based on the corresponding definitions in the Stormwater Management
Rules at N.J.A.C. 7:8-1.2.
Means those areas with boundaries incorporated by reference
or revised by the Department in accordance with N.J.A.C. 7:7-13.16.
Means the map used by the Department to identify the location
of Coastal Planning Areas, CAFRA centers, CAFRA cores, and CAFRA nodes.
The CAFRA Planning Map is available on the Department's Geographic
Information System (GIS).
Means an infiltration system, sand filter designed to infiltrate,
standard constructed wetland, or wet pond, established in accordance
with N.J.A.C. 7:8-4.2(c)14, that is designed and constructed in accordance
with the New Jersey Stormwater Best Management Practices Manual, or
an alternate design, approved in accordance with N.J.A.C. 7:8-5.2(g),
for an infiltration system, sand filter designed to infiltrate, standard
constructed wetland, or wet pond and that complies with the requirements
of this section.
Means the increase in soil bulk density.
Means the area from which stormwater runoff drains to a stormwater
management measure, not including the area of the stormwater management
measure itself.
Means a pedestrian-oriented area of commercial and civic
uses serving the surrounding municipality, generally including housing
and access to public transportation.
Means an agency designated by the County Board of Commissioners
to review municipal stormwater management plans and implementing ordinance(s).
The county review agency may either be:
A county planning agency; or
A county water resource association created under N.J.S.A 58:16A-55.5,
if the "Environmentally critical area" 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 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 subwatershed, which is identified
by a 14-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.
Is the process by which water seeps into the soil from precipitation.
Means one or more public entities having stormwater management
planning authority designated by the regional stormwater management
planning committee pursuant to N.J.A.C. 7:8-3.2, that serves as the
primary representative of the committee.
Means an individual "development," as well as multiple developments
that individually or collectively result in:
The disturbance of one or more acres of land since February
2, 2004;
The creation of one-quarter acre or more of "regulated impervious
surface" since February 2, 2004;
The creation of one-quarter acre or more of "regulated motor
vehicle surface" since March 2, 2021; or
A combination of B and C above that totals an area of one-quarter
acre or more. The same surface shall not be counted twice when determining
if the combination area equals one-quarter acre or more.
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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."
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Means land vehicles propelled other than by muscular power,
such as automobiles, motorcycles, autocycles, and low speed vehicles.
For the purposes of this definition, motor vehicle does not include
farm equipment, snowmobiles, all-terrain vehicles, motorized wheelchairs,
go-carts, gas buggies, golf carts, ski-slope grooming machines, or
vehicles that run only on rails or tracks.
Means any pervious or impervious surface that is intended
to be used by "motor vehicles" and/or aircraft, and is directly exposed
to precipitation including, but not limited to, driveways, parking
areas, parking garages, roads, racetracks, and runways.
Means any city, borough, town, township, or village.
Means the manual maintained by the Department providing, in part, design specifications, removal rates, calculation methods, and soil testing procedures approved by the Department as being capable of contributing to the achievement of the stormwater management standards specified in this section. The BMP Manual is periodically amended by the Department as necessary to provide design specifications on additional best management practices and new information on already included practices reflecting the best available current information regarding the particular practice and the Department's determination as to the ability of that best management practice to contribute to compliance with the standards contained in this 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 § 210-32.4F. of this ordinance and N.J.A.C. 7:8-5.2(g), that the proposed measure and its design will contribute to achievement of the design and performance standards established by this section.
Means an area designated by the State Planning Commission
concentrating facilities and activities which are not organized in
a compact form.
Means a chemical element or compound, such as nitrogen or
phosphorus, which is essential to and promotes the development of
organisms.
Means any individual, corporation, company, partnership,
firm, association, political subdivision of this State and any state,
interstate or Federal agency.
Means any dredged spoil, solid waste, incinerator residue,
filter backwash, sewage, garbage, refuse, oil, grease, sewage sludge,
munitions, chemical wastes, biological materials, medical wastes,
radioactive substance (except those regulated under the Atomic Energy
Act of 1954, as amended (42 U.S.C. §§ 2011 et seq.)),
thermal waste, wrecked or discarded equipment, rock, sand, cellar
dirt, industrial, municipal, agricultural, and construction waste
or runoff, or other residue discharged directly or indirectly to the
land, ground waters or surface waters of the State, or to a domestic
treatment works. "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 100-year storm, as applicable, is governed
by tidal flooding from the Atlantic Ocean. Flooding in a tidal flood
hazard area may be contributed to, or influenced by, stormwater runoff
from inland areas, but the depth of flooding generated by the tidal
rise and fall of the Atlantic Ocean is greater than flooding from
any fluvial sources. In some situations, depending upon the extent
of the storm surge from a particular storm event, a flood hazard area
may be tidal in the 100-year storm, but fluvial in more frequent storm
events.
Means a neighborhood given priority access to State resources
through the New Jersey Redevelopment Authority.
Means a zone designated by the New Jersey Enterprise Zone
Authority pursuant to the New Jersey Urban Enterprise Zones Act, N.J.S.A.
52:27H-60 et. seq.
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 100-year storm,
flood hazard area limit, and/or floodway limit of the water. Examples
of a water control structure may include a bridge, culvert, dam, embankment,
ford (if above grade), retaining wall, and weir.
Means the ocean and its estuaries, all springs, streams,
wetlands, and bodies of surface or groundwater, whether natural or
artificial, within the boundaries of the State of New Jersey or subject
to its jurisdiction.
Means an area that is inundated or saturated by surface water
or ground water at a frequency and duration sufficient to support,
and that under normal circumstances does support, a prevalence of
vegetation typically adapted for life in saturated soil conditions,
commonly known as hydrophytic vegetation.
[Amended 3-2-2021 by Ord.
No. 4-2021]
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.
[Amended 3-2-2021 by Ord.
No. 4-2021]
A.
The development shall incorporate a maintenance plan for the stormwater management measures incorporated into the design of a major development in accordance with § 210-32.10.
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 § 210-32.4P, Q and R:
(1)
The construction of an underground utility line provided that
the disturbed areas are revegetated upon completion;
(2)
The construction of an aboveground utility line provided that
the existing conditions are maintained to the maximum extent practicable;
and
(3)
The construction of a public pedestrian access, such as a sidewalk
or trail with a maximum width of 14 feet, provided that the access
is made of permeable material.
D.
A waiver from strict compliance from the green infrastructure, groundwater recharge, stormwater runoff quality, and stormwater runoff quantity requirements of § 210-32.4O, 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 IV.D.3 above within the upstream drainage area of the receiving stream, that would provide additional opportunities to mitigate the requirements of § 210-32.4O, 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 § 210-32.4O, 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 ordinance the
BMP Tables in the Stormwater Management rule at N.J.A.C. 7:8-5.2(f)
shall take precedence.
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Table 1
Green Infrastructure BMPs for Groundwater Recharge, Stormwater
Runoff Quality, and/or Stormwater Runoff Quantity
| ||||
|---|---|---|---|---|
|
Best Management Practice
|
Stormwater Runoff Quality TSS Removal Rate
(percent)
|
Stormwater Runoff Quantity
|
Groundwater Recharge
|
Minimum Separation from Seasonal High Water Table
(feet)
|
|
Cistern
|
0
|
Yes
|
No
|
—
|
|
Dry Well(a)
|
0
|
No
|
Yes
|
2
|
|
Grass Swale
|
50 or less
|
No
|
No
|
2(e)
1(f)
|
|
Green Roof
|
0
|
Yes
|
No
|
—
|
|
Manufactured Treatment Device(a) (g)
|
50 or 80
|
No
|
No
|
Dependent upon the device
|
|
Pervious Paving System(a)
|
80
|
Yes
|
Yes(b)
No(c)
|
2(b)
1(c)
|
|
Small-Scale Bioretention Basin(a)
|
80 or 90
|
Yes
|
Yes(b)
No(c)
|
2(b)
1(c)
|
|
Small-Scale Infiltration Basin(a)
|
80
|
Yes
|
Yes
|
2
|
|
Small-Scale Sand Filter
|
80
|
Yes
|
Yes
|
2
|
|
Vegetative Filter Strip
|
60-80
|
No
|
No
|
—
|
|
(Notes corresponding to annotations(a) through (g) are found after Table 3.)
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Table 2
Green Infrastructure BMPs for Stormwater Runoff Quantity (or
for Groundwater Recharge and/or Stormwater Runoff Quality with a Waiver
or Variance from N.J.A.C. 7:8-5.3)
| ||||
|---|---|---|---|---|
|
Best Management Practice Stormwater
|
Runoff Quality TSS Removal Rate
(percent)
|
Stormwater Runoff Quantity
|
Groundwater Recharge
|
Minimum Separation from Seasonal High Water Table
(feet)
|
|
Bioretention System
|
80 or 90
|
Yes
|
Yes(b)
No(c)
|
2(b)
1(c)
|
|
Infiltration Basin
|
80
|
Yes
|
Yes
|
2
|
|
Sand Filter(b)
|
80
|
Yes
|
Yes
|
2
|
|
Standard Constructed Wetland
|
90
|
Yes
|
No
|
N/A
|
|
Wet Pond(d)
|
50-90
|
Yes
|
No
|
N/A
|
|
(Notes corresponding to annotations(b) through(d) are found after 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 § 210-32.4O(2);
|
|
(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 § 210-32.2;
|
|
(h)
|
Manufactured treatment devices that do not meet the definition of green infrastructure at § 210-32.2.
|
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 § 210-32.4B. Alternative stormwater management measures may be used to satisfy the requirements at § 210-32.4O only if the measures meet the definition of green infrastructure at § 210-32.2. Alternative stormwater management measures that function in a similar manner to a BMP listed at § 210-32.4O(2) are subject to the contributory drainage area limitation specified at § 210-32.4O(2) 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 § 210-32.4O(2) 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 § 210-32.4D is granted from § 210-32.4O.
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 § 210-32.8C;
(3)
Stormwater management measures shall be designed, constructed,
and installed to be strong, durable, and corrosion resistant. Measures
that are consistent with the relevant portions of the Residential
Site Improvement Standards at N.J.A.C. 5:21-7.3, 7.4, and 7.5 shall
be deemed to meet this requirement;
(4)
Stormwater management BMPs shall be designed to meet the minimum safety standards for stormwater management BMPs at § 210-32.8; 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 § 210-32.2 may be used only under the circumstances described at § 210-32.4O(4).
K.
Any application for a new agricultural development that meets the definition of major development at § 210-32.2 shall be submitted to the Soil Conservation District for review and approval in accordance with the requirements at § 210-32.4O, 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 § 210-32.4P, 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 Essex County Register. 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 § 210-32.4O, 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 § 210-32.10B(5). 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 § 210-32.4 of this section and provides the same level of stormwater management as the previously approved stormwater management measure that is being altered or replaced. If an alteration or replacement is approved, a revised deed notice shall be submitted to the municipality for approval and subsequently recorded with the Office of the Essex County Register 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 § 210-32.4P and Q, the design engineer shall utilize green infrastructure BMPs identified in Table 1 at § 210-32.4F and/or an alternative stormwater management measure approved in accordance with § 210-32.4G. 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 § 210-32.4D 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 § 210-32.4G may be used to meet the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at § 210-32.4P, 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 § 210-32.4P, Q and R, unless the project is granted a waiver from strict compliance in accordance with § 210-32.4D.
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 § 210-32.5 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 one-quarter 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)
80% TSS removal of the anticipated load, expressed as an annual
average shall be achieved for the stormwater runoff from the net increase
of motor vehicle surface.
(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,
and
|
|
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 § 210-32.4P, Q and R.
(7)
In accordance with the definition of FW1 at N.J.A.C. 7:9B-1.4,
stormwater management measures shall be designed to prevent any increase
in stormwater runoff to waters classified as FW1.
(8)
The Flood Hazard Area Control Act Rules at N.J.A.C. 7:13-4.1(c)1
establish 300-foot riparian zones along Category One waters, as designated
in the Surface Water Quality Standards at N.J.A.C. 7:9B, and certain
upstream tributaries to Category One waters. A person shall not undertake
a major development that is located within or discharges into a 300-foot
riparian zone without prior authorization from the Department under
N.J.A.C. 7:13.
(9)
Pursuant to the Flood Hazard Area Control Act Rules at N.J.A.C.
7:13-11.2(j)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 § 210-32.5 complete one of the following:
(a)
Demonstrate through hydrologic and hydraulic analysis that for
stormwater leaving the site, post-construction runoff hydrographs
for the two-, ten-, and 100-year storm events do not exceed, at any
point in time, the pre-construction runoff hydrographs for the same
storm events;
(b)
Demonstrate through hydrologic and hydraulic analysis that there
is no increase, as compared to the pre-construction condition, in
the peak runoff rates of stormwater leaving the site for the two-,
ten- and 100-year storm events and that the increased volume or change
in timing of stormwater runoff will not increase flood damage at or
downstream of the site. This analysis shall include the analysis of
impacts of existing land uses and projected land uses assuming full
development under existing zoning and land use ordinances in the drainage
area;
(c)
Design stormwater management measures so that the post-construction
peak runoff rates for the two-, ten- and 100-year storm events are
50%, 75% and 80%, respectively, of the pre-construction peak runoff
rates. The percentages apply only to the post-construction stormwater
runoff that is attributable to the portion of the site on which the
proposed development or project is to be constructed; or
(d)
In tidal flood hazard areas, stormwater runoff quantity analysis
in accordance with (2)(a), (b) and (c) above is required unless the
design engineer demonstrates through hydrologic and hydraulic analysis
that the increased volume, change in timing, or increased rate of
the stormwater runoff, or any combination of the three will not result
in additional flood damage below the point of discharge of the major
development. No analysis is required if the stormwater is discharged
directly into any ocean, bay, inlet, or the reach of any watercourse
between its confluence with an ocean, bay, or inlet and downstream
of the first water control structure.
(3)
The stormwater runoff quantity standards shall be applied at
the site's boundary to each abutting lot, roadway, watercourse, or
receiving storm sewer system.
[Amended 3-2-2021 by Ord.
No. 4-2021]
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/stelprdb104417 1.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/2014NJSoilErosionContr
olStandardsComplete.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 § 210-32.5A(1)(a) and the Rational and Modified Rational Methods at § 210-32.5A(1)(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.
[Amended 3-2-2021 by Ord.
No. 4-2021]
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.
[Amended 3-2-2021 by Ord.
No. 4-2021]
A.
Site design features identified under § 210-32.4F above, or alternative designs in accordance with § 210-32.4G 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 § 210-32.7A(2) below.
(1)
Design engineers shall use one of the following grates whenever
they use a grate in pavement or another ground surface to collect
stormwater from that surface into a storm drain or surface water body
under that grate:
(a)
The New Jersey Department of Transportation (NJDOT) bicycle
safe grate, which is described in Chapter 2.4 of the NJDOT Bicycle
Compatible Roadways and Bikeways Planning and Design Guidelines; or
(b)
A different grate, if each individual clear space in that grate
has an area of no more than seven square inches, or is no greater
than 0.5 inches 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 seven square inches, or be no greater than
two inches across the smallest dimension.
(2)
The standard in Paragraph A(1) above does not apply:
(a)
Where each individual clear space in the curb opening in existing
curb-opening inlet does not have an area of more than nine square
inches;
(b)
Where the municipality agrees that the standards would cause
inadequate hydraulic performance that could not practicably be overcome
by using additional or larger storm drain inlets;
(c)
Where flows from the water quality design storm as specified
in N.J.A.C. 7:8 are conveyed through any device (e.g., end of pipe
netting facility, manufactured treatment device, or a catch basin
hood) that is designed, at a minimum, to prevent delivery of all solid
and floatable materials that could not pass through one of the following:
[1]
A rectangular space four and five-eighths (4.625)
inches long and one and one-half (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 inches.
|
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.
[Amended 3-2-2021 by Ord.
No. 4-2021]
A.
This section sets forth requirements to protect public safety through
the proper design and operation of stormwater management BMPs. This
section applies to any new stormwater management BMP.
B.
The provisions of this section are not intended to preempt more stringent municipal or county safety requirements for new or existing stormwater management BMPs. Municipal and county stormwater management plans and ordinances may, pursuant to their authority, require existing stormwater management BMPs to be retrofitted to meet one or more of the safety standards in § 210-32.8C(1), C(2) and C(3) for trash racks, overflow grates, and escape provisions at outlet structures.
C.
Requirements for trash racks, overflow grates and escape provisions.
(1)
A trash rack is a device designed to catch trash and debris
and prevent the clogging of outlet structures. Trash racks shall be
installed at the intake to the outlet from the Stormwater management
BMP to ensure proper functioning of the BMP outlets in accordance
with the following:
(a)
The trash rack shall have parallel bars, with no greater than
six-inch spacing between the bars;
(b)
The trash rack shall be designed so as not to adversely affect
the hydraulic performance of the outlet pipe or structure;
(c)
The average velocity of flow through a clean trash rack is not
to exceed 2.5 feet per second under the full range of stage and discharge.
Velocity is to be computed on the basis of the net area of opening
through the rack; and
(d)
The trash rack shall be constructed of rigid, durable, and corrosion
resistant material and designed to withstand a perpendicular live
loading of 300 pounds per square foot.
(2)
An overflow grate is designed to prevent obstruction of the
overflow structure. If an outlet structure has an overflow grate,
such grate shall meet the following requirements:
(a)
The overflow grate shall be secured to the outlet structure
but removable for emergencies and maintenance.
(b)
The overflow grate spacing shall be no less than two inches
across the smallest dimension
(c)
The overflow grate shall be constructed and installed to be
rigid, durable, and corrosion resistant, and shall be designed to
withstand a perpendicular live loading of 300 pounds per square foot.
(3)
Stormwater management BMPs shall include escape provisions as
follows:
(a)
If a stormwater management BMP has an outlet structure, escape provisions shall be incorporated in or on the structure. Escape provisions include the installation of permanent ladders, steps, rungs, or other features that provide easily accessible means of egress from stormwater management BMPs. With the prior approval of the municipality pursuant to § 210-32.8C, a free-standing outlet structure may be exempted from this requirement;
(b)
Safety ledges shall be constructed on the slopes of all new stormwater management BMPs having a permanent pool of water deeper than 2 1/2 feet. Safety ledges shall be comprised of two steps. Each step shall be four 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 § 210-32.8E for an illustration of safety ledges in a stormwater management BMP; and
(c)
In new stormwater management BMPs, the maximum interior slope
for an earthen dam, embankment, or berm shall not be steeper than
three horizontal to one vertical.
D.
Variance or exemption from safety standard. A variance or exemption
from the safety standards for stormwater management BMPs may be granted
only upon a written finding by the municipality that the variance
or exemption will not constitute a threat to public safety.
E.
Safety ledge illustration.
|
Elevation View — Basin Safety Ledge Configuration
 |
[Amended 3-2-2021 by Ord.
No. 4-2021]
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 § 210-32.9C 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 ordinance.
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
ordinance.
C.
Submission of site development stormwater plan. The following information
shall be required:
(1)
Topographic base map. The reviewing engineer may require upstream
tributary drainage system information as necessary. It is recommended
that the topographic base map of the site be submitted which extends
a minimum of 200 feet beyond the limits of the proposed development,
at a scale of one inch equals 200 feet or greater, showing two-foot
contour intervals. The map as appropriate may indicate the following:
existing surface water drainage, shorelines, steep slopes, soils,
erodible soils, perennial or intermittent streams that drain into
or upstream of the Category One waters, wetlands and flood plains
along with their appropriate buffer strips, marshlands and other wetlands,
pervious or vegetative surfaces, existing man-made structures, roads,
bearing and distances of property lines, and significant natural and
manmade 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 § 210-32.3 through § 210-32.5 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 § 210-32.4 of this section.
(b)
When the proposed stormwater management control measures depend
on the hydrologic properties of soils or require certain separation
from the seasonal high water table, then a soils report shall be submitted.
The soils report shall be based on onsite boring logs or soil pit
profiles. The number and location of required soil borings or soil
pits shall be determined based on what is needed to determine the
suitability and distribution of soils present at the location of the
control measure.
(7)
Maintenance and repair plan. The design and planning of the stormwater management facility shall meet the maintenance requirements of § 210-32.10.
(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 § 210-32.9C(1) through § 210-32.9C(6) of this section when it can be demonstrated that the information requested is impossible to obtain or it would create a hardship on the applicant to obtain and its absence will not materially affect the review process.
[Amended 3-2-2021 by Ord.
No. 4-2021]
A.
Applicability. Projects subject to review as in § 210-32.1C of this ordinance shall comply with the requirements of § 210-32.10B and § 210-32.10C.
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 § 210-32.10B(3) above is not a public agency, the maintenance plan and any future revisions based on § 210-32.10B(7) 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 § 210-32.10B(3) 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 § 210-32.10B(6) and § 210-32.10B(7) above.
(8)
The requirements of § 210-32.10B(3) and § 210-32.410B(4) do not apply to stormwater management facilities that are dedicated to and accepted by the municipality or another governmental agency, subject to all applicable municipal stormwater general permit conditions, as issued by the Department.
(9)
In the event that the stormwater management facility becomes
a danger to public safety or public health, or if it is in need of
maintenance or repair, the municipality shall so notify the responsible
person in writing. Upon receipt of that notice, the responsible person
shall have 14 days to effect maintenance and repair of the facility
in a manner that is approved by the municipal engineer or his designee.
The municipality, in its discretion, may extend the time allowed for
effecting maintenance and repair for good cause. If the responsible
person fails or refuses to perform such maintenance and repair, the
municipality or County may immediately proceed to do so and shall
bill the cost thereof to the responsible person. Nonpayment of such
bill may result in a lien on the property.
C.
Nothing in this subsection shall preclude the municipality in which
the major development is located from requiring the posting of a performance
or maintenance guarantee in accordance with N.J.S.A. 40:55D-53
[Amended 3-2-2021 by Ord.
No. 4-2021]
Any person(s) who erects, constructs, alters, repairs, converts,
maintains, or uses any building, structure or land in violation of
this section shall be subject to the following penalties: A fine not
to exceed $1,000 and/or incarceration in the County jail for up to
90 days for each and every violation.
[Amended 11-4-2020 by Ord. No. 48-2020]
A.
Off-street parking as a principal permitted use. Parking areas may
be permitted or conditionally permitted as a principal use within
the Mixed Use and CBD Zones, in accordance with the following conditions:
(1)
A parking area proposed as a principal use, as provided herein,
shall not be substituted for the required off-street parking needs
of any other proposed principal use.
(2)
No permit for such principal use shall be issued for a residential
district other than the R-4 Zone and then only after a permit authorizing
such use is first obtained from the Building Inspector, as hereinafter
provided.
(3)
Any person desiring to use any premises as a parking area shall
make application in writing to the Planning Board by filing the same
with the Secretary of the Board.
B.
Standards for off-street parking as a principal permitted use. Every
parcel of land hereafter established as a parking area in any Mixed
Use and CBD zones or hereafter enlarged or altered shall be developed
and maintained in accordance with the following requirements:
(1)
Except for driveways to the extent required for ingress and
egress, areas utilized for parking or internal circulation shall be
set back 25 feet from a street property line.
(2)
Parking spaces or circulation aisles not adjacent to a street
property line shall be set back five feet from a street property line.
(3)
The driveway and parking area shall be surfaced with concrete
or asphalt mix and shall be provided with suitable markings by paint
to outline the individual car parking stalls.
(4)
All driveway and parking areas shall be constructed to provide
sufficient drainage to dispose of all surface water to the nearest
adjoining street and away from adjoining properties.
(5)
Entrances and exits to any parking area shall be curbed and
properly marked to show boundaries of entrance and exit areas and
the direction of traffic.
(6)
Any driveway or parking area which is open for use later than
one hour after sunset or earlier than one hour before sunrise shall
be sufficiently lighted while occupied so as to provide a minimum
of two- tenths lumen per square foot throughout the parking area.
All lighting shall be directed downward to the area to be illuminated
and shall be shaded in such a manner that no disturbing glare is visible
to adjacent property owners or to motorists or persons using the public
streets.
(7)
All areas utilized for parking shall have wheel stoppers or
bumpers and curbing to serve as barriers for each stall to prevent
vehicles from moving onto adjacent landscaped areas, and all such
planted areas shall further be protected by appropriate barriers to
prevent erosion of the landscaped areas under normal weather conditions.
Provisions shall be made for head-in parking only.
(8)
Premises in and around driveways and parking areas shall be
planted with grass and shielded by bushes or other appropriate plantings
as follows:
(a)
Except for those portions utilized for driveways, the balance
of any setback area shall be planted.
(b)
Borders between driveways and parking areas and the adjoining
lots shall be planted.
(c)
All parking areas shall be screened from adjacent properties
and the street by landscaping, shrubbery or trees which may be expected
to form a year-round dense screen, of not less than four feet nor
more than six feet in height, to screen the parking areas from adjacent
properties and the street. Required landscaping, shrubbery or tree
screening shall be planted immediately adjacent to the fencing.
(d)
Each entrance to and exit from a parking area shall be at least
20 feet distant from any adjacent property.
(e)
Where a site is occupied in a corner of two intersecting streets,
no driveway entrance or exit may be located within a minimum of 25
feet of the intersecting street property lines.
(f)
Such parking areas shall be used solely for the parking of passenger
automobiles, and no commercial or industrial storage, repair work,
sales or service of any kind shall be conducted on or within such
parking areas.
(g)
No sign, other than entrance, exit and condition of use signs,
shall be maintained, and the aggregate area of all such signs combined
shall not exceed 12 square feet.
[Amended 11-4-2020 by Ord. No. 48-2020]
A.
The maximum curb opening along any public street or right-of-way,
including access to any parking area, shall not exceed 25 feet.
|
Angle of Parking
|
Minimum Width of Aisle
(feet)
|
|---|---|
|
90°
|
22
|
|
60°
|
18
|
|
45°
|
11
|
|
30°
|
10
|
B.
Each off-street parking space shall have an area of not less than
180 square feet, exclusive of access drives and aisles, and shall
be a minimum of nine feet in width. There shall be aisle width between
parking spaces for ingress and egress to and from the parking spaces
as follows:
C.
In addition, 15% of the required spaces maybe designed and clearly
marked for compact cars. Each compact car parking space shall have
a minimum width of eight feet and a length of 16 feet and shall have
access to an aisle with no less than the following widths:
|
Angle of Parking
|
Minimum Width of Aisle
(feet)
|
|---|---|
|
30°
|
11
|
|
45°
|
12
|
|
60°
|
14
|
|
75°
|
16
|
|
90°
|
20
|
D.
Location of off-street parking facilities. Off-street parking facilities
shall be located as hereafter specified. Where a distance is specified,
it shall be the distance measured from the nearest point in the parking
facility to the nearest point of the building that such facility is
required to serve, as follows:
(1)
For all residential buildings and for all nonresidential buildings
in residential zones, required parking shall be provided on the same
plot with the building; provided, however, notwithstanding any other
provisions of this chapter, that any lot owned by an institutional
use at the time of the adoption of the chapter[1] may be used for off-street parking as accessory to said
institutional use, provided that all other provisions of this chapter
are complied with. An adjoining lot to any permitted nonresidential
use in a residential zone that is owned or acquired for the purpose
of providing off-street parking facilities, as necessary to said use,
shall be constructed as part of the plot of the principal structure.
(2)
For all commercial uses and all nonresidential uses located
in a mixed use or multiple-family zone, whether the principal use
is conforming or nonconforming, required parking shall be provided
within 300 feet or such required or additional parking shall be provided
on the same plot with the building or structure or on an adjacent
lot or plot acquired for that purpose, so long as the parking on such
plot extends not more than 100 feet into a residential zone, so long
as all access to such parking area is solely from the commercial or
multifamily zone and no access to said residentially zoned adjoining
lot is afforded from a residentially zoned area.
(3)
For industrial uses, required parking shall be provided within
500 feet.
[Amended 11-4-2020 by Ord. No. 48-2020]
A.
Any person desiring to establish a parking area as an accessory use
in a residential district shall submit plans to the Planning Board
showing the location, size, shape, design, landscape, curb cuts and
other features of the parking lot. The establishment and operation
of a parking area accessory to a commercial or industrial use in such
parts of any residential district that abut either directly or across
the street or alley from a commercial or industrial district is permitted.
All such parking areas and parking areas required for new multiple
family dwellings and all nonresidential buildings in all residential
zones may then be authorized, subject to the following conditions:
(1)
All parking areas shall be landscaped, screened, surfaced and
drained as provided elsewhere in this chapter.
(2)
No part of such parking areas shall extend into the required
front yard more than 1/2 of the yard required for a residential building,
and where the lot or portion of the lot lies between two privately
owned residential properties, the full front yard setback shall be
observed. In either case, the front yard area not occupied by the
access drive shall be landscaped.
(3)
Such parking areas shall be used solely for the parking of passenger
automobiles, and no commercial repair, work or sales or service of
any kind shall be conducted on such parking lot. No sign, other than
entrance, exit and condition of use signs, shall be maintained, and
the aggregate area of all such signs shall not exceed 12 square feet.
(4)
Each entrance to and exit from such parking lot shall be at
least 20 feet distant from any adjacent property located in any residential
zone, and the property located in any residential zone and the location
and design of entrances and exits, surfacing, landscaping, marking
and lighting shall be subject to the approval of the Planning Board
to ensure its adequacy in relation to traffic safety, lighting and
protection of the adjacent residential area.
(5)
Off-street parking in nonresidential districts. Every parcel
of land hereafter established as a public or private parking area
in any Mixed use or CBD Zone or hereafter enlarged or altered shall
be developed and maintained in accordance with the following requirements:
(a)
Off-street parking areas shall be effectively screened on any
side which adjoins or faces premises situated in any residential zoning
district or institutional premises by a screening of solid evergreen
hedge or by a solid uniformly painted fence or wall not less than
four feet.
(b)
Every such off-street parking area shall be surfaced with an
asphalt or concrete surface and shall be graded and drained to dispose
of all surface water to the nearest adjoining street and away from
adjoining properties. Any lighting connection with off-street parking
shall be so arranged as to reflect the light away from all adjoining
residential buildings, zones and streets.
(c)
The off-street parking area shall be subject to the approval
of the Planning Board to ensure its adequacy in relation to traffic
safety, lighting and protection of the adjacent property.
[Amended 11-4-2020 by Ord. No. 48-2020]
A.
The provisions of this chapter may be met by participation in a municipal
or joint community parking program designed to serve a larger area,
provided that plans for such community parking have been approved
by the Planning Board. All new business buildings and additions to
present business buildings in a commercial zone within 300 feet of
a municipal parking area shall be considered as participating in a
community parking program.
B.
Mixed occupancies and uses not specified. In the case of mixed uses,
the total requirements for off-street parking areas shall be the sum
of the requirements for the various uses computed separately. Parking
areas for churches, theaters or other uses in which the primary parking
demand occurs out of normal store operation hours may be jointly used
where adequate arrangements are made to ensure that the space is available
for each function.
[Amended 11-4-2020 by Ord. No. 48-2020]
A.
In all zones, for every building or part thereof hereafter erected
which is to be occupied by manufacturing, storage, warehouse, goods
display, retail store or warehouse, market, hotel, hospital, mortuary,
laundry, dry cleaning or other uses similarly requiring the receipt
or distribution by vehicles of materials or merchandise, there shall
be provided and maintained, on the same premises with such building,
off-street loading spaces in relation to floor area as follows:
(1)
Up to 20,000 square feet: one space.
(2)
20,000 to 50,000 square feet: two spaces.
(3)
50,000 to 100,000 square feet: three spaces.
(4)
One additional space for each additional 100,000 square feet or part
thereof, provided that:
(a)
Each loading space shall be at least 10 feet in width, 25 feet
in length and have a clearance of 14 feet above grade.
(b)
Such space may occupy all or any part of any required yard or
court space.
(c)
No such space shall be located closer than 50 feet to any lot
in any residential district or to any building used as a residence
unless wholly within a completely enclosed building or enclosed on
all sides facing residential zones by a wall or uniformly painted
solid board or masonry fence of uniform appearance which is not less
than six feet in height.
[Amended 11-4-2020 by Ord. No. 48-2020]
[Amended 11-4-2020 by Ord. No. 48-2020]
A.
Avoid excess lighting: Site lighting shall comply with minimum requirements
in order to provide safety in the areas of evening activity, but shall
not be in excess of recommended illumination levels.
B.
Example of sight lighting
Example of sight lighting
Function: Site
lighting shall be designed to cater to pedestrian activity, vehicular
activity and major site features.
C.
Integrate site design and lighting fixtures: Lighting fixtures shall
be selected to complement overall building and site design as well
as surrounding lighting in the immediate vicinity.
[Amended 11-4-2020 by Ord. No. 48-2020]
A.
Natural lighting: All the building shall be designed to maximize
natural light intake appropriate to the use through building openings
and transparency.
B.
Examples of building lighting
Examples of building lighting
Quality of
lighting: Building illumination levels shall be harmoniously proportional
to the minimum average design illumination levels at ground level
(refer § 210.35 A).
C.
Lighting fixtures design: Lighting fixtures should be selected to
suite the overall character of the building.
[Amended 11-4-2020 by Ord. No. 48-2020]
A.
All street trees shall be located on the street line so as not to
interfere with sidewalks and utilities.
B.
Evergreen trees shall not be less than seven feet in height at the
time of planting.
C.
Deciduous trees shall not be less than seven feet in height at the
time of planting.
D.
Shrubs shall not be less than two feet in height at the time of planting.
E.
All plants shall conform to the standards as set forth in American
Standard for Nursery Stock, published by the American Association
of Nurserymen, Inc., 1250 I Street, N.W., Suite 500, Washington, D.C.
F.
All planting shall have a winter hardiness rating of 0° F. to
5° F. 17.8 to 23.3 Centigrade (conforming with the United States
Department of Agriculture map of hardiness zones for Orange).
G.
Trees, when planted, shall be balled and bur-lapped and properly
staked.
[Amended 11-4-2020 by Ord. No. 48-2020]
A.
Examples of street landscape design: a) Natural pattern
(residential streets), b) Formal pattern (commercial/mixed use streets)
Examples of street landscape design: a) Natural pattern
(residential streets), b) Formal pattern (commercial/mixed use streets)
Along the street.
(1)
Street trees, shrubs: There should be uniform pattern of trees
and shrubs along a street that match the pattern of existing trees.
(2)
Plant species: Plant materials shall be similar to the existing
flora and shall preferably be ecological.
(3)
Street landscape: Streets could have lawn and formal symmetric
trees pattern or more natural asymmetric plantings, depending on the
land uses in the area.
(4)
Materials, textures, colors: Materials and colors shall be similar
to the surrounding physical character in the area.
(5)
Landscape fixtures: Light fixtures at the pedestrian scale level
shall be consistent to create continuity.
B.
Entrance and gateway: Site entry is encouraged to have defined landscape
to provide sense of arrival. Entry can be focused by using various
landscape features.
C.
Example of defined landscape that focuses on the entrance.
Example of defined landscape that focuses on the entrance.
Site landscape:
(2)
Example of Pedestrian Circulation design
Example of Pedestrian Circulation design
Circulation:
(3)
Provide pathways, lighting, site furniture, recreational activities
as necessary for site development to create enjoyable outdoor spaces
on site.
(4)
Service areas, loading areas shall be located in the rear or
side yards on the site.
D.
Building landscape:
E.
Parking lots:
(1)
On site parking lots shall be located in the rear and/or side
yards. Parking in the front is not encouraged.
(2)
Example of Landscaping in parking lot
Example of Landscaping in parking lot
Integrate
trees and plantings in surface parking areas to reduce heat island
effect.
(3)
Parking areas are encouraged to be screened from other pedestrian
areas on site.
F.
Buffers:
(1)
Between private and public spaces: Plantings, trees, low wooden
walls can be used a buffer between private and public areas.
(2)
Between
pedestrian and service/utility areas: Landscape buffers like plantings,
and fences shall be used as a buffer between utilities like dumpsters,
recycling area as well as between service areas and other public areas.
(3)
Between different uses: Side and/or rear yard spaces between
different uses on adjacent lots are encouraged to be landscaped with
trees, shrubs, compounds etc.
G.
Green roofs/decks:
(1)
Green roofs, landscaped decks are encouraged to be included
in multifamily residential, commercial as well as mixed use buildings.
(2)
Example of
Green roof on a Commercial Recreational building
Example of
Green roof on a Commercial Recreational building
At lease 40% of the green roof area shall be landscaped and
shall be accessible to the residents and stakeholders in the building.
H.
Open space design:
(1)
Public and Private open spaces: In residential neighborhoods,
there shall be distinct separation between public and private open
spaces through fencing, plantings etc.
(2)
Shared open space: There can be shared open space in mixed use
developments.
(3)
Scale: Open spaces shall be proportional to the building height.
Taller the building(s), larger shall be the open space.
(4)
Examples
of creating open space with an arrangement of two or more buildings
(Figures are in plan view).
Examples
of creating open space with an arrangement of two or more buildings
(Figures are in plan view).
For site development
with two or more buildings, arrange buildings in way to create usable
open spaces in between the buildings to include children's play area,
individual or public gardens etc.
(5)
Each type of building requires certain amount of open space
on the respective lot. This open space is encouraged to be on the
ground and shall be accessible to all the stakeholders/users in the
building(s).
[Amended 11-4-2020 by Ord. No. 48-2020]
Restrictions on outdoor landscape water use apply to all users
in City of Orange Township at all times regardless of source of supply
(e.g. public water supplies, well or ground water, lakes, streams,
or ponds) unless expressly exempt in § 210-37.1L, Exemptions.
Such water use shall conform to the following outdoor landscape water
use restrictions:
A.
Lawn watering with a hose or hose-end sprinkler.
(1)
May only be done two days per week and only water two days a
week to coincide with trash pick-up days;
(2)
Watering shall only be conducted between the hours of 6:00 a.m.
and 9:00 a.m. or between 5:00 p.m. and 8:00 p.m.;
(3)
The watering of any single area shall not exceed 30 minutes
per day;
(4)
Flowers and shrubs may be watered as needed with a hand-held
hose equipped with an automatic shut-off nozzle;
(5)
No hose or hose-end watering shall be permitted when it is raining.
B.
Irrigating lawns and landscapes with automatic irrigation systems equipped with a conventional irrigation controller (this includes all systems that do not have a "SMART" controller as defined in § 210-37.1C.
(1)
May only be done two days per property and may only irrigate
two days a week to coincide with trash pickup days;
(2)
Irrigation shall only be conducted between the hours of 12:00
midnight and 10:00 a.m.
(3)
Operation of any irrigation zone equipped with spray (mist)
heads shall not exceed 15 minutes per zone. Operation of any irrigation
zone equipped with rotary sprinkler heads shall not exceed 50 minutes
per zone.
C.
Irrigation with systems equipped with a SMART controller.
(1)
To qualify for this provision, the SMART controller must have
met the minimum requirements of IA-SWAT protocol testing.
(2)
The property owner must register the SMART controller with the
municipality.
(a)
The municipality will issue a yard placard which the owner must
display signifying that the property is irrigated with a SMART controller.
(3)
The SMART controller must be programmed by an EPA Water Sense
Partner who holds a New Jersey Landscape Irrigation Contractor Certificate
pursuant to NJSA 45:5AA-3.
(a)
The SMART controller must be programmed to irrigate between
the hours of 12:00 midnight and 10:00 a.m.
(b)
Proper sprinkler head data and accurate soil/plant/irrigation
information must be entered;
(c)
The SMART controller programming data shall be posted at the
controller;
(d)
The WaterSense Partner must make a minimum of two site visits
after the initial programming to adjust and fine tune the irrigation
schedule.
D.
Irrigation systems programmed and monitored by an irrigation manager.
(1)
The property owner must designate a qualified person who will
be the irrigation manager and register that person with the municipality
with defining qualifications.
(a)
The municipality will issue a yard placard which the owner must
display signifying that the property is irrigated by an irrigation
manager.
(2)
The irrigation manager must be an EPA WaterSense Partner or
show evidence of successfully completing one of the approved courses
listed below:
(3)
A property specific irrigation program shall be developed by
the irrigation manager based on plant variety, soil type, exposure,
slope, precipitation rate, and irrigation efficiency.
(4)
Weekly adjustments shall be made to the irrigation schedule
based on current evapotranspiration (ET) rates or weather conditions.
(5)
If it is found that an irrigation manager does not follow any
of the terms prescribed in this ordinance, they may be disqualified
from acting as a properties irrigation manager.
E.
All automatic irrigation systems:
(1)
Shall be equipped with an operational automatic rain sensor
device, which disables the system when a predetermined amount of rainfall
has occurred. Each rain sensor device shall be capable of and programmed
to interrupt the automatic irrigation cycle when 1/4 inch of rain
has fallen.
(2)
Any work performed on a system as a result of any inspection
made by the homeowner or a professional must be in compliance with
the Landscape Irrigation Contractor Certification Act of 1991 (NJSA
45:5AA-3).
(3)
Flowers and shrubs irrigated with drip or micro irrigation may
be watered as needed.
F.
All new irrigation systems must comply with the following:
(1)
The system must be installed by an EPA WaterSense Partner who
holds a New Jersey Landscape Irrigation Contractor Certificate pursuant
to NJSA 45:5AA-3.
(2)
New Jersey Irrigation Best Management Design Practices are listed
below. More information on these practices can be found in the Outdoor
Landscape Water Conservation Model Ordinance Best Practices Guide
located on the City of Orange Township web site:
(a)
Designing a system that insures sufficient operating pressure
at the sprinkler head;
(b)
Dividing irrigated areas into hydro-zones of turf and plants
with similar water requirements;
(c)
Creating zoning systems according to exposure;
(d)
Considering the soil type so the sprinkler irrigation precipitation
rate is compatible with the soil infiltration rate or dividing the
zone run-times into multiple short cycles;
(e)
Providing separate control of sloped areas;
(f)
Preventing sprinkler heads from overthrowing onto driveways,
roads, and sidewalks;
(g)
Providing for separate irrigation for parkway strips between
curbs and sidewalks that minimizes overthrow onto walks, pavement,
and other impervious surfaces;
(h)
Using pressure regulating technology as necessary to ensure
sprinkler heads operate within the manufacturer's recommended range.
The pressure regulation may be:
(i)
Irrigating all flowers and shrubs with drip and/or micro-irrigation;
(j)
Including check valves in low sprinkler heads to prevent low-point
drainage;
(k)
Having a pressure regulating device and wye strainer on each
drip/micro control valve.
(3)
System must have a SMART controller capable of estimating or
measuring depletion of available plant soil moisture and operating
the irrigation system only to replenish the water as needed while
minimizing excess water use.
(a)
The SMART controller must be an EPA WaterSense labeled SMART
controller and listed on their website http://www.epa.gov/watersense/product_search.html
and select irrigation controllers from the drop down menu.
(b)
The SMART controller must be programmed by an EPA WaterSense
Partner who holds a New Jersey Landscape Irrigation Contractor Certificate
pursuant to NJSA 45:5AA-3.
[1]
Proper sprinkler head data and accurate soil/plant/irrigation
information must be entered;
[2]
The SMART controller programming data shall be
posted at the controller;
[3]
The WaterSense partner must make a minimum of two
site visits after the initial programming to adjust and fine tune
the irrigation schedule.
G.
Upon the Declaration of Water Emergency by the City of Orange Township
Council, additional restrictions may be imposed and shall supersede
the restrictions in this section.
H.
State of New Jersey requirements shall supersede those identified
in this section when more stringent than those identified in this
ordinance.
I.
Violations.
(1)
Violations include knowingly or recklessly watering or irrigating
or permitting irrigation of lawn or landscape on owned, leased, or
managed property that results in the following:
(a)
Watering during any form of precipitation;
(b)
Water leaking from any irrigation equipment;
(c)
Water puddling on landscape or impervious surfaces;
(d)
Water run-off from irrigated property;
(e)
Irrigating on days not permitted in this section;
(f)
Irrigating at hours not permitted in this section.
(2)
Violators of these guidelines and requirements are subject to
fines and penalties described in paragraph K.
(3)
All water users in City of Orange Township are responsible for
preventing the above violations.
J.
Enforcement of water conservation guidelines. The water use restrictions
and automatic rain sensor requirement imposed pursuant to this section
shall be enforced by the local authorized official. Whenever a local
authorized official shall find a violation of the water use restrictions,
regardless of the source of the water (public supply or private source),
such authorized official shall issue a written warning and explain
the penalties for a second and third offense, as provided in paragraph
K. The local authorized official shall keep such records as may be
reasonable and necessary for the purpose of determining the persons
and businesses who have been warned upon a first offense. The local
authorized official is hereby empowered to write summons for the violation
of the water use restrictions imposed pursuant to this section.
K.
Penalties. After a warning for a first offense in accordance with
paragraph J above, any person or business that thereafter violates
the water use restrictions imposed pursuant to this section shall
be subject to the penalty provisions to be not to exceed $250 per
offense.
L.
Exemptions. Restrictions in § 210-37.1 above do not apply to the following:
(1)
Outdoor water use from rain water harvesting, gray water, or
reclaimed water are exempt from the provisions of the section. Use
of gray or reclaimed water must have an approved NJPDES permit issued
through the NJDEP.
(2)
Outdoor water use for commercial farms producing harvestable
crops, commercial nurseries and golf courses are exempt from the provisions
of the section.
(3)
Outdoor irrigation necessary for one day only where treatment
with an application of chemicals require immediate watering to preserve
an existing landscape or to establish a new landscape.
(4)
Outdoor irrigation necessary for the establishment of newly
sodded lawns or landscaping within the first 21 consecutive days of
planting.
(5)
Visually supervised operation of an irrigation system by a person
in compliance with the New Jersey Landscape Irrigation Contractor
Certification Act of 1991 (N.J.S.A. 45:5AA-1) and at the minimum rate
necessary in order to check system condition and effectiveness.
[Amended 11-4-2020 by Ord. No. 48-2020]
A.
Example of Pedestrian experience: Large storefront windows, trees,
street furniture etc.
Example of Pedestrian experience: Large storefront windows, trees,
street furniture etc.
Inhabited streets:
(1)
Residential: Encourage human interaction and activity by providing
balconies, terraces, yards, decks etc.
(2)
Commercial/Mixed use: Provide large store front windows, canopies
and integrated signages to enhance pedestrian shopping experience.
(3)
Activate pedestrian movement along public streets: add/enhance
street furniture such as benches, lighting, trees, etc.
[Amended 11-4-2020 by Ord. No. 48-2020]
B.
Siting:
(1)
Locate parking, service area and utilities in the rear and/or
side yards of a lot.
(2)
Illustration for location of utilities, service and parking areas
Illustration for location of utilities, service and parking areas
Site development and building siting is encouraged
to be context sensitive and shall consider surrounding character and
needs in the area.
(3)
Buildings shall be located in a way to create efficient pedestrian
and vehicle circulation on site.
(4)
Buildings are encouraged to be oriented in a way to provide
visual access to scenic views to maximum number of units.
C.
Facade composition:
(3)
Human scaled facades: Primary facade shall be at human scale,
that is after five stories a building shall be step backed. The stepped
back frontage will be the secondary frontage/facade.
(4)
Illustration
of how human scale development can be achieved with building step
backs etc.
Illustration
of how human scale development can be achieved with building step
backs etc.
Include utilitarian components:
Utilitarian components like mechanical vents, pipings, service rooms
shall be well screened or integrated on the facades.
D.
Building features:
(1)
Building features shall be consistent with the overall design
style of the building as well as general character of the neighborhood.
(2)
Building features are encouraged to reflect the site conditions.
For example, a building on a corner lot can be designed to stand out
in the area.
(3)
Illustration
of corner lot with design that stands out.
Illustration
of corner lot with design that stands out.
Building features are encouraged to be more functional rather than
decorative, without compromising the aesthetics.
E.
Historic structures: Integrate the historical architectural character
within the new buildings around the existing historic structures.
F.
Refer to Articles X, Historic Preservation Commission, and XI, Historic Preservation Controls, for historic preservation standards.
G.
Building roofs:
(1)
Building roof can be a type of sloping or a flat roof.
(2)
Building roof plays an important part in building massing. Huge
building massing along a narrow street are not encouraged to promote
human scale development.
(3)
Utilities on the shall be integrated in the roof design and
shall be screened from pedestrian areas on the ground.
[Amended 11-4-2020 by Ord. No. 48-2020]
B.
Green building:
(1)
Green roofs, rain gardens, minimized impervious surfaces are
encouraged in building design and site development.
(2)
Example
of solar panels installed on the roof.
Example
of solar panels installed on the roof.
Energy
efficient materials and reusable materials are encouraged.
(3)
Use of solar panels, rain water harvesting is highly encouraged.
C.
Building orientation: Buildings are encouraged to be places in a
way to take advantage of natural light and wind to minimize use of
mechanical ventilation when possible.
[Amended 11-4-2020 by Ord. No. 48-2020]
A.
Illustration
of building orientation and arrangement to maximize use of natural
light and ventilation when possible
Illustration
of building orientation and arrangement to maximize use of natural
light and ventilation when possible
Materials
shall be selected for harmony of the building with adjoining buildings.
B.
Materials shall be selected for suitability to the type of buildings
or structures and the design in which they are used. Buildings or
structures shall have the same materials, or those that are architecturally
harmonious, used for all walls and other exterior components wholly
or partly visible from public ways.
C.
Materials shall be of durable quality.
D.
In any design in which the structural frame is exposed to view, the
structural materials shall be compatible with themselves and harmonious
with their surroundings.
[Added 5-2-2023 by Ord.
No. 12-2023]
A.
This section shall be known as the Solar Energy Regulation.
B.
The purpose of this section is to encourage solar facilities that
reduce reliance on fossil fuels, increase local economic development
and job creation, reduce greenhouse gas emissions, assist the State
in meeting its Renewable Portfolio Standards, and/or promote economic
development diversification.
C.
General regulations.
(1)
All Solar Energy Systems must conform to applicable industry
standards and must comply with the currently-applicable Uniform Construction
Code, and all other applicable building and construction codes and
subcodes.
(2)
Solar Energy Systems, whether roof-mounted or ground-mounted,
must comply with all bulk zoning standards applicable to the property
on which the system will located.
(3)
Ground-mounted systems must comply with accessory structure
regulations established for the zoning classification assigned to
the property on which the system will be located.
(4)
Roof-mounted systems must comply with height regulations established
for the zoning classification assigned to the property on which the
system will be located.
(5)
All exterior electrical and/or plumbing lines must be placed
in a conduit and buried underground.
