[Ord. No. 2-9-77 § 127-1]
The long title of this chapter shall be "An Ordinance Establishing
Rules, Regulations and Standards Governing the Subdivision of Land
and Site Plan Review Within the Town of Kearny Pursuant to the Authority
Set Forth in Chapter 291 of the Laws of 1975, and Amendments and Supplements
Thereto, Setting Forth the Procedure To Be Followed by the Approving
Authority in Applying and Administering These Rules, Regulations and
Standards and Providing Penalties for the Violations Thereof."
[Ord. No. 2-9-77 § 127-2]
This chapter shall be known as the "Land Subdivision and Site
Plan Review Ordinance of the Town of Kearny."
[Ord. No. 2-9-77 § 127-3]
Such regulations are deemed necessary to protect the character,
stability and orderly development of all areas of the community; to
secure safety from fire, flood, panic and other natural and manmade
disasters and hazards; to encourage the proper location and design
of streets; to promote a desirable visual and aesthetic environment
through creative development techniques and good civic design and
arrangements; to promote the conservation of open space and valuable
resources; to prevent the degradation of the environment through improper
land use; to provide adequate light, air and open space; and to provide
rules, regulations and procedures which will guide the appropriate
development of lands within the community in order to promote the
public health, safety, morals and general welfare.
[Ord. No. 2-9-77 § 127-4]
Words used in the present tense include the future; the singular
number shall include the plural, and the plural the singular; the
word "structure" shall include the word "building"; the word "person"
includes a corporation as well as an individual; the word "lot" includes
the word "plot"; the word "occupied" includes the words "designed,
constructed, altered, converted, rented, leased or intended to be
used"; the word "shall" is mandatory and not optional, and the word
"may" is permissive.
[Ord. No. 2-9-77 § 127-4]
As used in this chapter:
Shall mean the respective secretaries for any application
before the Planning Board or the Board of Adjustment.
Shall mean:
A developer submitting an application for development.
The legal or beneficial owner or owners of a lot or of any land
proposed to be included in a proposed development, including the holder
of an option or contract for purchase or other persons having an enforceable
proprietary interest in such land.
Shall mean the application form and all accompanying documents
required by ordinance for approval of a subdivision plat, site plan,
conditional use, zoning variance or direction of the issuance of a
permit pursuant to law.
Shall mean the Planning Board of Kearny or the Kearny Board of Adjustment, as the case may be, as provided in Section 36-3.
Shall mean a combination of materials to form a construction
adapted to a permanent, temporary or continuous occupancy and having
a roof.
Shall mean an open space area within or related to a site
designated as a development, and designed and intended for the use
or enjoyment of residents and owners of the development. "Common open
space" may contain such complementary structures and improvements
as are necessary and appropriate for the use or enjoyment of residents
and owners of the development.
Shall mean a use permitted in a particular zoning district
only upon showing that such use in a specified location will comply
with the conditions and standards for the location or operation of
such use as contained in the Zoning Ordinance and upon the issuance
of an authorization therefor by the Planning Board.
Shall mean development other than planned development.
Shall mean the number of calendar days, for the purpose of
this chapter.
Shall mean the division of a parcel of land into two or more
parcels; the construction, reconstruction, conversion, structural
alteration, relocation or enlargement of any building or other structure
or of 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 may be required.
Shall mean the removal of surface water or groundwater from
land by drains, grading or other means, including the control of runoff
to minimize erosion and sedimentation during and after construction
or development, and the means necessary for water supply preservation
or preservation or alleviation of flooding.
Shall mean the lands required for the installation of stormwater
sewers or drainage ditches or required along natural streams or watercourses
for preserving the channel and providing for the flow of water therein,
to safeguard the public against flood.
Shall mean the detachment and movement of soil or rock fragments
by water, wind, ice and gravity.
Shall mean the official action of the approving authority
taken on a preliminary-approved major subdivision or site plan after
all conditions, engineering plans and other requirements have been
completed or fulfilled and the required improvements have been installed
or guaranties properly posted for their completion, or approval conditioned
upon the posting of such guaranties, which, in the case of subdivision,
shall be filed with the proper County recording officer.
Shall mean the sum of the gross horizontal areas of the several
floors of a building measured from the exterior walls in a building.
"Floor area" shall not include areas devoted to mechanical equipment
serving the building, stairways and elevators, areas used exclusively
for off-street parking and loading for motor vehicles, or to any space
where the floor-to-ceiling height is less than seven feet.
Shall mean the Mayor and Town Council of the Town of Kearny.
Shall mean any building, structure, area of property that
is significant in the history, architecture, archeology or culture
of this State, its communities or the nation and has been so designated.
Shall mean any person, whether residing within or without
the Town of Kearny, whose right to use, acquire or enjoy property
is or may be affected by any action taken under this chapter, or whose
right to use, acquire or enjoy property under this chapter or under
any other law of this State or the United States has been denied,
violated or infringed upon by any action or a failure to act under
this chapter.
Shall mean a designated parcel, tract or area of land established
by a plat or otherwise as permitted by law and to be used, developed
or built upon as a unit.
Shall mean security, other than cash, which may be accepted
by Kearny for the maintenance of any improvements required by this
chapter.
Shall mean any subdivision not classified as a minor subdivision.
Shall mean a composite of one or more written or graphic
proposals for the development of Kearny which shall have been duly
adopted by the Kearny Planning Board.
Shall mean any subdivision containing not more than three
lots fronting on an existing street, not involving any new street
or road or the extension of municipal facilities and not adversely
affecting the development of the remainder of the parcel or adjoining
property, which is not adjoined by other unplatted land in the same
ownership and is not in conflict with any provisions or portions of
the Master Plan, Official Map, Zoning Ordinance, Health Code or this
chapter.
Shall mean located outside the lot lines of the lot in question
but within the property (of which the lot is part) which is the subject
of a development application or contiguous portion of a street or
right-of-way.
Shall mean not located on the property which is the subject
of a development application nor on a contiguous portion of a street
or right-of-way.
Shall mean, under the provisions of Chapter 220 of the Laws
of 1975 pertaining to physically handicapped persons, a building or
structure of more than 10,000 square feet of gross floor area wherein
commercial or business activity or service is performed or a profession
is practiced or wherein any combination thereof is performed or practiced
in all or the majority of such building or structure.
Shall mean a map and accompanying ordinance adopted by the
Governing Body of Kearny pursuant to law. Such map shall be deemed
to be conclusive with respect to the location and width of streets
and public drainageways and the location and extent of flood control
basins and public areas, whether or not such streets, ways, basins
or areas are improved or unimproved or are in actual physical existence.
Shall mean located on the lot in question.
Shall mean located on the property which is the subject of
a development application or on a contiguous portion of a street or
right-of-way.
Shall mean any parcel or area of land or water essentially
unimproved and set aside, dedicated, designed or reserved for public
or private use or enjoyment or for the use and enjoyment of owners
and occupants of lands adjoining or neighboring such open space, provided
that such areas may be improved with only those buildings, structures,
streets and off-street parking and other improvements that are designed
to be incidental to the natural openness of the land.
Shall mean any applicant for development, the owners of the
subject property and all owners of property and government agencies
entitled to notice.
Shall mean one that is submitted in a proper and complete
form, including all required application forms, maps and reviews,
prior to the scheduling of a public hearing, where required, or formal
action being taken by the approving authority; all required fees are
submitted and filed within the appropriate time schedules; proof that
no taxes or assessments for local improvements are due or delinquent
on the property for which approval is sought; and all other governmental
approvals are received by the approving authority or can be so conditioned
by the approving authority.
Shall mean any security which may be accepted by the Town
of Kearny, including cash, provided that the Town shall not require
more than 10% of the total performance guaranty in cash.
Shall mean a physical impairment which confines a person
to a wheelchair; causes a person to walk with difficulty or insecurity;
affects the sight or hearing to the extent that a person functioning
in public areas is insecure or exposed to danger; causes faulty coordination;
or reduces mobility, flexibility, coordination and perceptiveness
to the extent that facilities are needed for the safety of that person.
Shall mean a map or maps of a subdivision or site plan pursuant
to the provisions of this chapter.
Shall mean the conferral of certain rights pursuant to this
chapter, prior to final approval, after specific elements of a development
plan have been agreed upon by the approving authority and the applicant.
Shall mean architectural drawings prepared during early and
introductory stages of the design of a project, illustrating in a
schematic form its scope, scale and relationship to its site and immediate
environs.
Shall mean public parks, playgrounds, trails, paths and other
recreational areas; other public open spaces; scenic and historic
sites; and sites for schools and other public buildings and structures.
Shall mean, under the provisions of Chapter 220 of the Laws
of 1975 pertaining to physically handicapped persons, any building,
structure, facility or complex used by the general public, including
but not limited to theaters, concert halls, auditoriums, museums,
schools, libraries, recreation facilities, public transportation terminals
and stations, factories, office buildings, business establishments,
passenger vehicle service stations, shopping centers, hotels or motels
and public eating places, constructed by any State, County or municipal
government agency or instrumentality or any private individual, partnership,
association or corporation, with the following exceptions: one to
four family private residences, warehouse storage areas and all buildings
classified as hazardous occupancies. As used herein, "hazardous occupancy"
means the occupancy or use of a building or structure or any portion
thereof that involves highly combustible, highly flammable or explosive
material or which has inherent characteristics that constitute a special
fire hazard.
Shall mean the land reserved or dedicated for the installation
of stormwater sewers or drainage ditches or required along a natural
stream or watercourse for preserving the channel and providing for
the flow of water to safeguard the public against flood damage, sedimentation
and erosion.
Shall mean an open space area conveyed or otherwise dedicated
to a municipality, municipal agency, board of education, State or
County agency or other public body for recreational or conservational
uses.
Shall mean the further division or relocation of lot lines
of any lot or lots within a subdivision previously made and approved
or recorded according to law or the alteration of any streets within
any subdivision previously made and approved or recorded according
to law, but does not include conveyances so as to combine existing
lots by deed or other instrument.
Shall mean the deposition of soil that has been transported
from its site of origin by water, ice, wind, gravity or other natural
means as a product of erosion.
Shall mean a triangle-shaped easement established at the
intersection of two streets or a driveway and a street in which nothing
shall be erected, placed, planted or allowed to grow in such a manner
as to obstruct vision between a height of two feet and six inches
above the center-line grade of the street or driveway. The triangle
shall be determined along such street lot lines or edge of driveway
25 feet distant from their joint intersection.
Shall mean a development plan of one or more lots on which
is shown the existing and proposed conditions of the lot, including
but not necessarily limited to topography, vegetation, drainage, floodplains,
marshes and waterways; the location of all existing and proposed buildings,
drives, parking spaces, walkways, means of ingress and egress, drainage
facilities, utility services, landscaping, structures and signs, screening
devices and lighting; and any other information that may be reasonably
required in order to make an informed determination pursuant to this
chapter.
Shall mean the sketch map of a subdivision to be used for the purpose of discussion and classification and meeting the requirements of subsection 36-4.1.
Shall mean any street, avenue, boulevard, road, parkway,
viaduct, drive or other way which is an existing State, County or
municipal roadway or which is shown upon a plat heretofore approved
pursuant to law or which is shown on a plat duly filed and recorded
in the office of the County Recording Officer prior to the appointment
of a Planning Board and the grant to such Board of the power to review
plats, and includes the land between the street lines, whether improved
or unimproved, and may comprise pavement, shoulders, gutters, curbs,
sidewalks, parking areas and other areas within the street.
Shall mean a combination of materials to form a construction
for occupancy, use or ornamentation whether installed on, above or
below the surface of a parcel of land.
Shall mean the division of a lot, tract or parcel of land
into two or more lots, tracts, parcels or other division of land,
whether immediate or future, for sale or development. The following
shall not be considered subdivisions within the meaning of this chapter,
if no new streets are created or extension of utilities are required:
division of land found by the approving authority to be for agricultural
purposes where all resulting parcels are five acres or larger in size,
divisions of property by testamentary or intestate provisions, divisions
of property upon court order and conveyances so as to combine existing
lots by deed or other instrument. The term "subdivision" shall also
include the term "resubdivision."
Shall mean a committee of at least three Planning Board members,
appointed by the Chairman of the Board, for the purpose of classifying
subdivisions in accordance with the provisions of this chapter and
performing such other duties relating to land subdivision as may be
conferred on the committee by the Board.
[Ord. No. 2-9-77 § 127-5]
a.
Planning Board as Approving Authority. In accordance with Chapter
291 of the Laws of 1975, the Planning Board shall act as approving
authority for subdivision plats as a condition for filing such plats
with the County Recording Officer, either individually or as a part
of a simultaneous application, and for site plan approval as follows:
1.
For minor subdivisions.
2.
For preliminary and final major subdivisions and site plans.
3.
For subdivisions and site plans which also require conditional use
approval.
4.
For minor and major subdivisions which require site plan approval.
5.
For subdivisions and site plans in which a variance is requested
in accordance with N.J.S.A. 40:55D-60 from lot area, lot dimension,
setback and yard requirements, provided that relief from lot area
requirements shall not be granted for more than one lot.
b.
Board of Adjustment as Approving Authority. In accordance with Chapter
291 of the Laws of 1975, the Board of Adjustment shall act as approving
authority for subdivision plats as a condition for filing such plats
with the County Recording Officer, and for site plan approval as follows:
1.
Where a use variance pursuant to N.J.S.A. 40:55D-70d is requested
in which a subdivision and/or a site plan is part of the application.
c.
Planning Board and Board of Adjustment Acting as Approving Authority.
In the case of a variance request pursuant to N.J.S.A. 40:55D-60 from
lot area, lot dimension, setback and yard requirements where the relief
sought from lot area requirements exceeds one lot, an application
for subdivision or site plan approval shall proceed initially with
the Planning Board and, if approved by the Planning Board, the applicant
shall then proceed to the Board of Adjustment as to the lot area variances
only.
d.
Exception in Application of Regulation. Except for public hearings,
the approving authority, when acting upon applications for minor preliminary
and final subdivision approval, shall have the power to grant such
exceptions from the requirements of this chapter as may be reasonable
and within the general purpose and intent of the provisions of this
chapter, if the literal enforcement of one or more provisions of this
chapter is impracticable or will exact undue hardship because of peculiar
conditions pertaining to the land in question.
e.
Simultaneous Review and Approval. Except as provided in paragraph
c, the approving authority shall have the power to review and approve
one or more land use regulations simultaneously with review for subdivision
and site plan approval without the applicant being required to make
further application to the approving authority or the authority being
required to hold further hearings. The longest time period for action
by the approving authority, whether it is for subdivision, conditional
use, site plan approval or variance, shall apply. Whenever approval
of a conditional use or a use variance is requested by the applicant,
notice of the hearing on the plat shall include references to the
request for such conditional use or use variance.
[Ord. No. 2-9-77 § 127-6; Ord. No. 6-10-87; Ord.
No. 8-14-91; Ord. No. 1996-30 § 1; Ord. No. 2005-(O)-42 § 7; Ord. No. 2005-(O)-42 § 1]
The following fees shall accompany the appropriate application.
The fees shall be paid in cash, certified or bank check, payable to
the Town of Kearny, as follows:
a.
Filing Fees.
1.
Filing fee for preliminary minor subdivision: $1,000.
2.
Filing fee for preliminary major subdivision: $1,500.
3.
Filing fee for final subdivision: $500.
4.
Filing fee for preliminary site plan: $1,500.
5.
Filing fee for final site plan: $500.
6.
Filing fee for simultaneous filing of preliminary and final site
plan review: $2,000.
7.
Filing fee for nonconforming use/structure application: $100.
8.
Filing fee for variances: (a) Bulk variance: $100 single-family,
$150 for two-family, all other uses $200. (b) Use variance: $200 for
a one-, two-family and three-through-five-family; all other uses $500.
9.
Interpretation of zoning regulations or zoning map: $50.
10.
Fees for design waivers: $250 if a design waiver(s) is requested.
11.
Fees for extensions of time or reapproval: $200.
12.
Fees for a special meeting: $1,000 for meeting and $1,000 for additional
escrow.
13.
Any and all applications dealing with subdivisions (major or minor)
shall include an additional fee for CADD formatting of Georeferenced
Tax Mapping. Fee to be $650 for a subdivision of less than three lots,
and $1,000 for three or greater lots.
b.
Fees for Specific Services. The following fees shall be applicable
for the services described herein:
1.
Reproduction of minutes of meetings or other reproduction costs:
according to State statute.
2.
Cost of transcripts to interested parties: at cost to the applicant.
3.
Copy of decision: according to State statute.
4.
Certified list of persons requiring notice: $0.25 per lot or $10,
whichever is greater. $50 for composing and supplying 200-foot radius
map using GIS mapping system. Mailing labels (two sets) provided upon
request at an additional cost of $25.
5.
Publication notice: at cost to municipality.
c.
Escrow Fees. In addition to the required application fees established
herein, the applicant may be required to establish one or more escrow
accounts with the Town of Kearny to cover the reasonable costs of
professional review, consultation and site inspection fees. The escrow
fees may be required for minor/major subdivisions, subdivision review,
site plan approval, conditional use approval or any variance request
before the approving authority.
1.
Upon receipt of a development application, the approving authority
shall determine if review by technical experts and counsel is required.
If review is required, the administrative officer shall send a copy
of the application and one set of all maps and supportive data to
the Town Engineer, the planning consultant and the approving authority
attorney. Within seven days of the receipt of same, the professionals
shall submit an estimate of funds sufficient in amount to undertake
technical reviews and findings of fact relative to the application
at hand.
2.
Upon approval of a development application the approving authority
shall determine if engineering site inspections are required. If required
the engineer will set forth an estimate of funds sufficient in amount
to undertake engineering inspections of the project.
3.
Such estimated fees shall be approved by the approving authority.
The applicant shall deposit, forthwith upon demand, funds to meet
such estimates, which funds shall be required to be placed in an escrow
account by the Town Treasurer to be used in accordance with the applicable
escrow provisions set forth below:
(a)
The Engineer, planning consultant, approving authority attorney
and any other professionals engaged shall submit vouchers for all
necessary fees for examination and review, which shall be paid in
an ordinary manner.
(b)
Any of the aforesaid moneys left in the escrow account upon
completion of the project or phase of the application procedure as
the case may be, shall be returned to the applicant as soon as it
is possible.
(c)
Should additional funds be required after the original funds
are exhausted, such funds as shall, in the judgment of the approving
authority, be necessary, shall be paid by the applicant to the Town
Treasurer and placed in the appropriate account or accounts.
(d)
Upon receipt of sufficient funds for the escrow account, the
administrative officer shall notify the Town Engineer, planning consultant,
approving authority attorney and any other professionals engaged that
all appropriate examinations and reviews shall be undertaken.
(e)
The approving authority shall take no formal action unless all
application fees and escrow funds have been paid to the Town Treasurer.
d.
Escrow Fees.
1.
Unless waived by the approving authority, an applicant for development
shall deposit professional review fees in an escrow account with the
Township of Kearny for review of an application for development and
the preparation of documents related thereto. Such fees are in addition
to the application filing fees in paragraph a. The initial escrow
deposit shall be in accordance with the following schedule:
(a)
Subdivision Applications:
|
Number of Resultant Lots
|
Initial Escrow Deposit
|
|---|---|
|
0 lots to 2 lots
|
$750
|
|
3 or more lots
|
$250 per lot up to a maximum initial deposit of $5,000
|
(b)
Site Plan Applications. The largest amount resulting from the
following calculations shall be required initial escrow deposit:
Site area in square feet x $0.15/square foot up to a maximum
of $5,000.
Total gross floor area of new building addition x $0.50/square
foot up to a maximum of $5,000.
Total gross floor area of new building or building addition
involving a drive-through facility x $1/square foot up to a maximum
of $5,000.
(c)
If in the course of an application the approving authority determines
that an escrow account or deposit contains insufficient funds to perform
required application reviews, the Chief Financial Officer of the Town
of Kearny shall provide the applicant with a notice of insufficient
escrow or deposit balance. Upon such notice, the applicant shall within
a reasonable time period post a deposit to the account in an amount
to be agreed upon by the approving authority and the applicant.
2.
The charging to and processing of escrow fees and any disputes related
thereto shall be handled in accordance with the Municipal Land Use
Law, N.J.S.A. 40:55D-53.1 and 40:55D-53.2.
e.
The applicant shall be responsible for any and all escrows required
of the applicant and all escrows shall be paid in full prior to the
application being deemed complete. Should additional escrow funds
be necessary during the pendency of an appeal to the Zoning or Planning
Boards, the applicant shall be responsible for placing additional
funds with the Town of Kearny prior to the matter being continued
before the Board. Should additional escrow funds remain unpaid after
the hearing of the application, the Chairman of the respective Board
and the Board Secretary shall not sign the final resolution until
such escrows are paid in full as the application shall be deemed incomplete.
[Ord. No. 2-9-77 § 127-7]
a.
When Required. A public hearing shall be required for all applications
except minor subdivision approval and final subdivision approval and
final site plan review.
b.
Availability of Maps and Documents Prior to Hearing. Any maps and
documents for which approval is sought at a hearing shall be on file
and available for public inspection at least 10 days before the date
of the hearing during normal business hours in the office of the administrative
officer. The applicant may produce other documents, records or testimony
at the hearing to substantiate, clarify or supplement the previously
filed maps and documents.
c.
Notice of Public Hearings.
1.
The applicant shall give notice of a public hearing to the owners
of all real property, as shown on the current tax records, located
within 200 feet in all directions of the property in question.
2.
The notice shall state the date, time and place of the hearing; the
nature of the matters to be considered; and identification of the
property proposed for subdivision or development by street address
and block and lot numbers as shown on the current tax duplicate in
the Kearny Tax Assessor's office, a duplicate copy of which shall
be forwarded to the administrative officer. The notice will also indicate
that the maps and documents will be available at a specific time and
location for public inspection pursuant to paragraph b.
3.
Notice shall be given at least 10 days prior to the date of the public
hearing.
4.
Proof of service upon property owners and proof of publication in
affidavit form shall be submitted to the administrative officer no
less than 48 hours prior to the commencement of the public hearing.
d.
Certification of List of Persons Entitled to Notice. Upon the written
request of an applicant, the administrative officer of the respective
boards of the Town of Kearny shall, within seven days, make and certify
a list from the current tax duplicates of names and addresses of owners
to whom the applicant is required to give notice. The applicant shall
be entitled to rely upon the information contained in such list, and
failure to give notice to any owner not on the list shall not invalidate
any hearing or proceeding.
e.
Other Notification. The applicant shall provide that notice for a
hearing on an application for the development of property be given
by personal service or certified mail to:
1.
The Clerk of a municipality involving property within 200 feet of
the municipality.
2.
The County Planning Board where the property is adjacent to an existing
County road or proposed road shown on the Official County Map or on
the County Master Plan, or where the property affects a County drainage
facility or adjoins other County land or is situated within 200 feet
of a municipal boundary.
3.
The Commissioner of Transportation where the property is adjacent
to a State highway.
4.
The Director of State and Regional Planning in the Department of
Community Affairs for an application exceeding 150 acres or 500 dwelling
units. Such notice shall include a copy of any maps or documents required
to be filed with the administrative officer of Kearny.
f.
Effect of Mailing Notice. Any notice made by certified mail shall
be deemed complete upon mailing.
g.
Verbatim Recording Required. The approving authority shall provide
for the verbatim recording of the proceedings by either stenographer
or mechanical or electronic means for public hearings. The authority
shall furnish its transcript, or duplicate recording in lieu thereof,
on request to any interested party at his expense.
h.
Written Findings and Conclusions. Each decision of the approving
authority shall be in writing and shall include findings of fact and
conclusions based thereon.
i.
Copies and Notification of Decision.
1.
A copy of the decision shall be mailed by the approving authority
within 10 days of the date of decision to the applicant or, if represented,
to his attorney, without separate charge, and to all who request a
copy of the decision for a fee as specified herein. A copy of the
decision shall also be filed by the approving authority in the office
of the administrative officer. The administrative officer shall make
a copy of such filed decision available to any interested party for
a fee as specified herein and available for public inspection at his
office during reasonable hours.
2.
A brief notice shall be published in the official newspaper of the
community. Such publication shall be arranged by the approving authority.
The period of time in which an appeal of the decision may be made
shall run from the publication of the decision.
[Ord. No. 2-9-77 § 127-8]
a.
The rules, regulations and standards contained herein shall be considered
the minimum requirements for the protection of the public health,
safety and welfare of the citizens of the Town of Kearny. Any action
taken under the terms of this chapter shall give primary consideration
to the above-mentioned matters and to the welfare of the entire community.
However, if the applicant can clearly demonstrate that, because of
peculiar conditions pertaining to his land, the literal enforcement
of one or more of these regulations is impracticable or will exact
undue hardship, the approving authority may permit such waivers as
may be reasonable and within the general purpose and intent of the
rules, regulations and standards established by this chapter.
b.
The waiver provisions of this section shall be applicable to the
entire chapter herein except where specifically prohibited by law.
[Ord. No. 2-9-77 § 127-9]
Any site plan or subdivision application requiring County Planning
Board or other governmental approval shall be submitted by the applicant
to the Hudson County Planning Board or other governmental agency for
review and approval. The approving authority shall condition any approval
that it may grant upon timely receipt of a favorable report on the
application by the County Planning Board or other governmental agency
or the approval of the County Planning Board or other governmental
agency by its failure to report therein within the required time period.
[Ord. No. 2-9-77 § 127-10]
Whenever a corporation is the applicant before the approving
authority, the corporation must be represented by an attorney.
[Ord. No. 2-9-77 § 127-11]
a.
Any applicant for land subdivision shall submit 10 copies of a sketch plat of the proposed subdivision for the purpose of classification and preliminary discussion and 10 copies of the application form. The sketch plat shall be submitted to the administrative officer at least two weeks prior to the regular meeting of the approving authority. If the applicant wishes to proceed as a major subdivision without applying for a sketch plat classification, he may proceed as provided in Section 36-6.
c.
The sketch plat shall be based on Tax Map information or other similarly
accurate base, at a scale not less than 200 feet to the inch. The
entire tract shall be shown on one sheet. It shall show or include
the following information:
1.
The location of the portion of lots to be subdivided in relation
to the entire tract.
2.
All existing structures and wooded areas on the parcels to be subdivided
and within a 200-foot radius of the extreme limits of the parcels
to be subdivided.
3.
A map indicating all lots, with dimensions of same, within a 200-foot
radius of the extreme limits of the parcels to be subdivided.
4.
The names of owners of property to be subdivided and of all adjoining
properties as they appear on the most recent municipal tax records.
5.
Tax Map sheet, block and lot numbers.
6.
Lot dimensions and bearings of parcels to be subdivided, including
areas after subdivision computed to the nearest tenth of a square
foot.
7.
The location of all structures on the parcels to be subdivided, including
offsets to property lines.
8.
All streets, roads and streams within 500 feet of the subdivision.
[Ord. No. 2-9-77 § 127-12]
Ten copies of an application shall be submitted to the administrative officer, in writing, on forms supplied by the approving authority. Receipt of an application for minor subdivision approval shall be filed no less than 14 days prior to the regular meeting date of the approving authority. Required fees, as provided in subsection 36-3.2, shall be submitted with the application form.
[Ord. No. 2-9-77 § 127-13; Ord. No. 2004-(O)-65]
a.
Map Requirements. The application shall be accompanied by 10 copies
of the proposed subdivision accurately drawn to a scale of not less
than one inch equals 50 feet, certified by a licensed land surveyor
as to existing features and boundaries. The minor subdivision plat
shall be in conformance with the Map Filing Act, P.L. 1960, c. 141
(N.J.S.A. 46:23-9.9 et seq.). All design features shall be prepared
by a licensed professional engineer. The map shall indicate:
1.
The location of the portion of lots to be subdivided in relation
to the entire tract.
2.
All existing structures and wooded areas on the parcels to be subdivided
and within a 200-foot radius of the extreme limits of the parcels
to be subdivided.
3.
A map indicating all lots, with dimensions of same, within a 200-foot
radius of the extreme limits of the parcels to be subdivided.
4.
The names of owners of property to be subdivided and of all adjoining
properties as they appear on the most recent municipal tax records.
5.
Tax Map sheet, block and lot numbers.
6.
Lot dimensions and bearings of parcels to be subdivided, including
areas after subdivision computed to the nearest tenth of a square
foot.
7.
The location of all structures on the parcels to be subdivided, including
offsets to property lines.
8.
All streets, roads and streams within 500 feet of the subdivision.
9.
Easements, streets, buildings, watercourses, railroads, bridges,
culverts, drainpipes, rights-of-way, drainage easements and prior
variances.
10.
History of any previous action or restrictions on the property.
b.
Applicant's Responsibilities.
2.
The approving authority may also require the following:
(a)
Enter into a developer's agreement, prepared by the approving
authority attorney, setting forth the obligations of all parties.
(c)
Convey any easements, rights-of-way or public lands in a form
and under conditions satisfactory to the approving authority and the
Town.
(d)
Provide evidence that environmental elements relating to soil
erosion and sedimentation, preservation of trees, protection of watercourses
and water quality, noise pollution, topographic limitation areas,
wetland areas and other environmental and ecological facts have been
reviewed, where appropriate, so as to minimize adverse effects.
[Ord. 2-9-77 § 127-14]
a.
The approving authority shall grant or deny approval within 45 days
of submission of a complete and perfected application or within such
time as may be consented to, in writing, by the applicant.
b.
Failure of the approving authority to act within the time period
shall constitute minor subdivision approval. A certificate by the
Town Clerk, whose signature shall be sufficient in lieu of the Chairman
and Secretary of the approving authority, as to the failure of the
approving authority shall be issued on request of the applicant and
shall be so accepted by the County Recording Officer for the purposes
of filing subdivision plats.
c.
Whenever review or approval is required by the County Planning Board
or a State agency, under appropriate circumstances, the approving
authority shall not accept an application as perfected unless receipt
of approval is received from the County or State agency. The approving
authority may condition its approval upon a timely receipt of a favorable
report from the County or State agency.
[Ord. No. 2-9-77 § 127-15]
a.
Minor subdivision approval shall be deemed to be final approval of the subdivision subject to subsection 36-4.6.
b.
Approval of a minor subdivision shall expire 190 days from the date
of approval by the approving authority unless within such a period
a plat in conformance with the Map Filing Act, P.L. 1960, c. 141 (N.J.S.A.
46:23-9.9 et seq.), or a deed clearly describing the approved minor
subdivision is filed by the developer with the County Recording Officer,
the Town Engineer and the Tax Assessor. In addition, copies shall
be submitted to the Town Clerk, Construction Official, the County
Board of Taxation and the approving authority Clerk.
c.
Any such plat or deed accepted for such filing shall have been signed
by the Chairman and Secretary of the approving authority.
[Ord. No. 2-9-77 § 127-16]
a.
The zoning requirements and general terms and conditions, whether
conditional or otherwise, shall not be changed or abridged for a period
of two years after the date of minor subdivision approval, provided
that the approved minor subdivision shall have been duly recorded
as provided herein.
b.
If a minor subdivision is granted on a particular tract of land,
another minor subdivision on the same tract of land shall not be given
until at least two years after the first minor subdivision has been
granted.
[Ord. No. 2-9-77 § 127-17]
Before recording a minor subdivision plat or deed in lieu thereof, the approving authority may require the installation and maintenance of on- and off-tract improvements. The improvements may require the furnishing of performance and maintenance guaranties in accordance with subsections 36-13.3 and 36-14.3.
[Ord. No. 2-9-77 § 127-18]
Sixteen copies of an application shall be submitted to the administrative officer in writing on forms supplied by the approving authority. Receipt of an application for preliminary major subdivision approval shall be filed no less than 14 days prior to the regular meeting date of the approving authority. Required fees, as provided in subsection 36-3.2, shall be submitted with the application form.
[Ord. No. 2-9-77 § 127-19]
a.
The application shall be accompanied by 16 copies of the proposed
subdivision accurately drawn to a scale of not less than one inch
equals 50 feet, certified by a licensed land surveyor as to existing
features and boundaries. The subdivision plat shall be in conformance
with the Map Filing Act, P.L. 1960, c. 141 (N.J.S.A. 46:23-9.9 et
seq.). All design features shall be prepared by a licensed professional
engineer.
b.
Preliminary Plat Details. The preliminary plat shall contain the
following:
1.
Date. All revisions shall be noted and dated.
2.
A key map showing the location of the tract with reference to the
surrounding properties, existing streets and streams within 500 feet
of the subdivision.
3.
Title of development; North arrow; scale; block and lot number; the
name and address of the record owner; the name and address of the
applicant; the name and address, license number and seal of the person
preparing the subdivision. If the owner of the premises is a corporation,
the name and address of the president and secretary shall be submitted
on the application.
4.
All distances shall be in feet and decimals of a foot and all bearings
shall be given to the nearest 10 seconds.
5.
The names, as shown on current tax records, of all owners of property
within 200 feet of the subdivision, together with the block and lot
numbers of the property.
6.
The zoning district in which the parcel is located, together with
the zone boundaries within 200 feet of the extreme limits of the property
in question.
7.
Survey data showing boundaries of the property, building or setback
lines and lines of existing and proposed streets, lots, reservations,
easements and areas dedicated to public use, including grants, restrictions
and rights-of-way, to be prepared by a licensed land surveyor.
8.
Reference to any existing or proposed covenants, deed restrictions,
exceptions or variances covering all or any part of the parcel. A
copy of such covenants, deed restrictions, exceptions or variances
shall be submitted with the application.
9.
The distances, measured along the right-of-way lines of existing
streets abutting the property, to the nearest intersections with other
public streets.
10.
Location of existing buildings and all other structures, including
walls, fences, culverts and bridges, with spot elevations of such
buildings and structures. Structures to be removed shall be indicated
by dashed lines; structures to remain shall be indicated by solid
lines.
11.
Location of all existing and proposed storm drainage structures and
utility lines, whether publicly or privately owned, with pipe sizes,
grades and direction of flow, locations and inlets, manholes or other
appurtenances and appropriate invert and other elevations. If any
existing utility lines are underground, the estimated location of
the utility lines shall be shown.
12.
Existing and proposed contours, referred to United States Coast and
Geodetic Survey datum, with a contour interval of one foot slopes
of less than 3%; an interval of two feet for slopes of more than 3%
but less than 15%; and an interval of five feet for slopes of 15%
or more. Existing contours are to be indicated by dashed lines and
proposed contours are to be indicated by solid lines.
13.
Location of existing rock outcrops, high points, watercourses, depressions,
ponds, marshes, wooded areas and other significant existing features,
including previous flood elevations of watercourses, ponds and marsh
areas, as determined by survey.
14.
All proposed streets, with profiles, indicating grading; cross sections
showing the width of roadways and sidewalks; and location and size
of utility lines conforming to Town standards and specifications.
15.
The location of all existing and proposed waterlines, valves and
hydrants and all sewer lines or alternative means of sewerage and
sewage disposal and treatment.
16.
Existing and proposed stormwater drainage system. All plans shall
be accompanied by a separate sketch showing all existing drainage
within five 500 feet of any boundary, and all areas and any other
surface area contributing to the calculations, and showing methods
used in the drainage calculations.
17.
Acreage, to the nearest tenth of an acre, of tract to be subdivided
and the area, in square feet, of all lots.
18.
Such other information or data as may be required by the approving
authority, the County Planning Board or other governmental agencies
for determination that the details of the subdivision are in accordance
with the standards of this chapter and all other applicable laws,
ordinances or resolutions.
[Ord. No. 2-9-77 § 127-20; Ord. No. 2004-(O)-65]
a.
Preliminary Subdivision Plat Review.
1.
The applicant shall submit the preliminary subdivision application
and plat maps and payment of all required fees to the administrative
officer, who shall submit copies of the preliminary plat to the following:
(a)
Approving authority attorney.
(b)
Town Engineer.
(c)
Planning Consultant.
(d)
Construction Official.
(e)
Secretary of Board of Health.
(f)
Superintendent of Public Works.
(g)
Fire Chief.
(h)
Police Chief.
(i)
Water Purveyor.
(j)
County Board of Taxation.
(k)
Board of Education.
(l)
Shade Tree Commission.
(m)
Other municipal officials and agencies as directed by the approving
authority.
2.
The above persons and boards shall make recommendations to the approving
authority in writing within 14 days of the application submission.
The approving authority shall take the recommendations into account,
but shall have the authority to proceed in the absence of such recommendations
if the approving authority finds such recommendations not to be essential
to its determination.
3.
If the preliminary plat is found to be incomplete, the applicant
shall be notified by certified mail thereof within 35 days of the
date of submission, or it shall be deemed to be perfected as to content.
4.
Where adjustments or changes are required in the plat submission,
the applicant shall be required to modify the plat in order to qualify
as a perfected application as to content and for public hearing purposes.
b.
Approving Authority Review. The approving authority shall review
the applications for preliminary subdivision approval and shall ensure
that the following requirements have been met:
1.
The detailed drawings, specifications and estimates meet all applicable
codes and ordinances as well as recommendations, where appropriate,
of municipal officials and agencies.
2.
Proof has been submitted that no taxes or assessments are due or
delinquent on property for which preliminary subdivision approval
is sought.
3.
All applicable fees and escrow funds have been paid or posted as
required herein.
4.
All requirements of other governmental units have been complied with.
c.
Other Governmental Approvals. Any preliminary approval required for County subdivision approval or any other County, State or Federal approval shall be submitted by the applicant for review and approval. The approving authority shall not take final action until approval is granted by the governmental agency or a statement is issued authorizing the municipal approving authority to proceed in its application, except as provided in subsection 36-3.5 herein.
d.
Public Hearings. Upon submission of a perfected application, the approving authority shall schedule a public hearing for the applicant. The applicant shall meet all of the requirements established in subsection 36-3.3c for public hearings.
e.
Time Period in Which to Act. The approving authority shall grant,
condition or deny preliminary subdivision approval within 45 days
of receipt of a perfected and complete application or within such
further time as may be consented to by the applicant for a subdivision
of 10 or fewer lots, or 95 days for a subdivision containing more
than 10 lots. Failure of the approving authority to act within the
prescribed time periods or to obtain an extension from the applicant,
in writing, shall constitute a preliminary approval by the approving
authority.
f.
Applicant's Responsibilities. Prior to approving authority acceptance
of a preliminary subdivision, the applicant shall be required to:
1.
Enter into a developer's agreement, prepared by the approving authority
attorney, setting forth the obligations of all parties.
3.
Convey any easements, rights-of-way or public lands in a form and
under conditions satisfactory to the approving authority and the Town.
4.
Provide evidence that environmental elements relating to soil erosion
and sedimentation, preservation of trees, protection of watercourses
and water quality noise pollution, topographic limitation areas, wetland
areas and other environmental and ecological facts have been reviewed,
where appropriate, so as to minimize adverse effects.
[Ord. No. 2-9-77 § 127-21]
a.
If the approving authority acts favorably on a preliminary plat,
the applicant shall submit four copies of a correct map to the administrative
officer. The Chairman and Secretary shall affix their signatures to
the plat, with a notation that it has received preliminary approval,
and one such plat shall be returned to the applicant for compliance
with final approval requirements.
b.
Except as provided herein, preliminary approval of a major subdivision
shall confer the following rights for a three-year period from the
date of approval to the applicant:
1.
That the general terms and conditions on which preliminary approval
was granted shall not be changed, including but not limited to use
requirements; layout and design standards for streets, curbs and sidewalks;
lot size; yard dimensions and off-tract improvements, except that
nothing herein shall be construed to prevent the Town from modifying,
by ordinance, such general terms and conditions of preliminary approval
as relate to public health and safety.
2.
That the applicant may submit for final approval, on or before the
expiration date of preliminary approval, the whole or a section or
sections of the preliminary subdivision plat, as the case may be.
3.
That the applicant may apply for and the approving authority may
grant extensions on such preliminary approval for additional periods
of at least one year but not to exceed a total extension of two years,
provided that if the design standards have been revised by ordinance,
such revised standards shall govern beyond the three-year period.
c.
In the case of a subdivision of 50 acres or more, the approving authority
may grant the rights referred to in paragraphs b.1, b.2 and b.3 above
for such a period of time longer than three years as shall be determined
by the approving authority to be reasonable, taking into consideration
the number of dwelling units and nonresidential floor area permissible
under preliminary approval, economic conditions and the comprehensiveness
of the development. The applicant may apply for thereafter and the
approving authority may thereafter grant an extension to preliminary
approval for such additional period of time as shall be determined
by the approving authority to be reasonable, taking into consideration
the number of dwelling units and nonresidential floor area permissible
under preliminary approval, the potential number of dwelling units
and nonresidential floor area of the section or sections awaiting
final approval, economic conditions and the comprehensiveness of the
development, provided that if the design standards have been revised,
such revised standards shall govern beyond the three-year period.
d.
Failure to obtain final approval within the prescribed time limits
as herein defined shall void the preliminary plat approval.
[Ord. No. 2-9-77 § 127-22]
Ten copies of an application shall be submitted to the administrative officer in writing on forms supplied by the approving authority. Receipt of an application for final approval shall be filed no less than 14 days prior to the regular meeting of the approving authority. Required fees, as provided in Section 36-3, shall be submitted with the application form.
[Ord. No. 2-9-77 § 127-23]
a.
Ten print copies shall be submitted for final subdivision approval.
Unless the preliminary plat is approved without changes, the final
plat shall have incorporated all changes or modifications required
by the approving authority.
b.
Final Plat Details. The final plat shall be drawn at a scale of not
less than one inch equals 50 feet and in compliance with all the provisions
of the Map Filing Act, P.L. 1960, c. 141 (N.J.S.A. 46:23-9.9 et seq.).
The final plat shall show or be accompanied by the following:
1.
Date, name and location of the subdivision, the name of the owner,
graphic scale and reference meridian.
2.
Tract boundary lines, right-of-way lines of streets, street names,
easements and other rights-of-way, land reserved or dedicated to public
use, all lot lines and other site lines; with accurate dimensions,
bearing or deflection angles and radii, arcs and central angles of
all curves; and the area of each lot.
3.
The names, exact locations and widths of all existing and recorded
streets intersecting or paralleling the plot boundaries within a distance
of 200 feet.
4.
The purpose of any easement or land reserved for or dedicated to
public use shall be designated, and the proposed use of sites, other
than residential, shall be noted.
5.
Lot, block and street numbers as approved by the Town Engineer, including
lot and block numbers of abutting property.
6.
Minimum building setback line on all lots and other sites.
7.
Location and description of all monuments.
8.
Names of the owners of adjoining unsubdivided land.
9.
Certification by the applicant's surveyor and engineer as to accuracy
of details of plat.
10.
Certification that the applicant is the agent or owner of the land
or that the owner has given consent under an option agreement.
11.
When approval of a plat is required by any other officer or body
of a municipality, County or State, such approval shall be certified
on the plat, or evidence shall be submitted that an application has
been made for such approval.
12.
Proposed final grades of all streets shall be shown to a scale of
one inch equals five feet vertical and one inch equals 50 feet horizontal,
on sheets 22 inches by 36 inches, and drawings shall include both
plans and profiles and shall show elevations of all monuments referred
to United States Coast and Geodetic Survey level bench marks, and
such elevations shall be shown in feet and hundredths of a foot.
13.
Plans and profiles of storm and sanitary sewers and water mains.
14.
Certificate from the Tax Collector that all taxes are paid to date.
15.
Written proof that the lands set aside or shown for easement, public
use or streets are free and clear of all liens and encumbrances.
16.
Contours at five-foot intervals for slopes averaging 10% or greater
and at two foot intervals for land of lesser slope.
[Ord. No. 2-9-77 § 127-24]
a.
Final Subdivision Plat Review.
1.
The applicant shall submit the completed application and maps and
the payment of all required fees to the administrative officer, who
shall submit copies of same to:
2.
The above persons and boards shall make recommendations in writing
to the approving authority within 14 days of the application submission.
b.
Determination as to Compliance. The Town Engineer and the approving
authority attorney, where appropriate, shall advise the approving
authority of the following:
1.
The nature of the improvements to be required as a condition of final
approval.
2.
The estimated value of the improvements installed or to be installed.
3.
The nature and amount of performance or maintenance guaranties, if
any, to be required as a condition to final approval.
4.
The provisions of open space reservation or dedication and the standards
for open space organizations.
5.
The amounts to be deposited to reimburse the approving authority
and the Town for costs incurred for legal, engineering, planning and
other professional reviews and work, for recording fees and for any
other costs anticipated by the approving agency, where applicable.
6.
Any other conditions upon which final approval will be granted or
conditioned.
c.
Applicant's Responsibilities. The applicant shall be required to
submit the following for the approving authority approval:
1.
Maintenance guaranties, if any, for work completed prior to final
approval.
2.
Evidence of compliance with any other conditions imposed by the approving
authority or other governmental agency or utility.
3.
Proof that all required fees and escrow funds have been paid as required
herein.
4.
Proof that no taxes or assessments for local improvements are due
or delinquent on property for which final subdivision approval is
sought.
d.
Other Governmental Approvals. Any final approval required for County subdivision approval and any other County, State or Federal approval shall be submitted by the applicant for review and approval. The approving authority shall not take any final action until approval is granted by the governmental agency or a statement is issued authorizing the municipal approving authority to proceed in its application, except as provided in subsection 36-3.5 herein.
e.
Approving Authority Action.
1.
Final approval shall be granted or denied within 45 days after submission
of a complete and perfected application to the administrative officer
or within such further time as may be consented to by the applicant.
Failure of the approving authority to act within the period prescribed
shall constitute final approval, and a certificate of the Town Clerk
as to the failure of the approving authority to act shall be issued
on request of the applicant, and it shall be sufficient in lieu of
the written endorsement or other evidence of approval and shall be
so accepted by the County Recording Officer for purposes of filing
subdivision plats.
2.
Unless the preliminary plat has been approved without changes, the
final plat shall incorporate all changes or modifications required
by the approving authority.
3.
The final plat shall be accompanied by a certificate of the Town
Engineer that he is in receipt of a map which shows all utilities
in exact location and elevation and which identifies the utilities
already installed. The certificate shall also state:
4.
If the approving authority approves the final plat, a notation to
that effect shall be made on each plat and shall be signed by the
Chairman and Secretary of the approving authority.
5.
Copies of the final plat shall be filed by the approving authority
with the following:
f.
Filing of Final Subdivision Approval Plats.
1.
Final subdivision approval shall expire 95 days from the date of
signing of the plat unless within such period the plat shall have
been duly filed by the applicant with the County Recording Officer.
2.
The approving authority may for good and sufficient cause shown extend
the period of recording for an additional period not to exceed 190
days from the date of signing the plat.
3.
No subdivision plat shall be accepted for filing by the County Recording Officer until it has been approved by the approving authority as indicated on the instrument by the signature of the Chairman and Secretary of the approving authority or a certificate has been issued pursuant to the provisions of c. 291, P.L. 1975. The signatures of the Chairman and Secretary of the approving authority shall not be affixed until the developer has posted the guaranties required pursuant to Sections 36-13 and 36-14, where appropriate. If the County Recording Officer records any plat without such approval, such recording shall be deemed null and void and, upon request of the Town of Kearny, the plat shall be expunged from the official records.
4.
In accordance with N.J.S.A. 40:55D-54c, it shall be the duty of the
County Recording Officer to notify the approving authority, in writing,
within seven days of the filing of any plat, identifying such instrument
by its title, date of filing and official number.
[Ord. No. 2-9-77 § 127-25]
a.
The zoning requirements applicable to the preliminary subdivision approval first granted and all other rights conferred upon the applicant pursuant to subsection 36-6.4 of this chapter, whether conditionally or otherwise, shall not be changed for a period of two years after the date of final approval, provided that the rights conferred by this section shall expire if the plat has not been duly recorded within the required time period. If the applicant has followed the standards prescribed for final approval and has duly recorded the plat as required, the approving authority may extend such period of protection for extensions of one year, but not to exceed three extensions. Notwithstanding any other provisions of this chapter, the granting of final approval terminates the time period of preliminary approval pursuant to subsection 36-6.4 herein for the section granted final approval.
b.
In the case of a subdivision or site plan for a planned development
or planned residential development or residential cluster of 50 acres
or conventional subdivision of 150 acres or more, the approving authority
may grant the rights referred to in paragraph a of this subsection
for such time period, no longer than two years, as shall be determined
by the approving agency to be reasonable, taking into consideration
the number of dwelling units and nonresidential floor area permissible
under final approval, economic conditions and the comprehensiveness
of the development. The applicant may apply thereafter, and the approving
authority may thereafter grant, an extension of final approval for
such additional period of time as shall be determined by the approving
authority to be reasonable, taking into consideration the number of
dwelling units and nonresidential floor area permissible under final
approval, the number of dwelling units and nonresidential floor area
remaining to be developed, economic conditions and the comprehensiveness
of the development.
[Ord. No. 2-9-77 § 127-26]
a.
Except as provided herein, no building or excavation permit shall
be issued for a building, structure or use or any enlargement, expansion
or change of use unless a site plan is first submitted and approved
by the approving authority.
b.
No certificate of occupancy shall be given unless all construction
and conditions conform to the site plan as approved, unless conditionally
approved by the approving authority as provided herein.
[Ord. No. 2-9-77 § 127-27; Ord. No. 1999-O-5 §§ 1,
2]
a.
Site plan review shall not be required for single family or two family
detached dwellings or for such accessory uses as a private garage,
toolhouse, garden and private greenhouses, swimming pools and other
similar uses incidental to a single family or two family detached
dwelling or for similar improvements as accessory uses to a principal
use.
b.
Site plan approval shall not be required where:
1.
Minor repairs to the interior of a building do not involve structural
change or enlargement of the building, as determined by the Construction
Official.
2.
Renovations or alterations to the exterior design of a building or
structure do not involve any enlargement of the building or major
structural change, as determined by the Construction Official.
3.
In the M, L-I and SKM Zones, the relocation of an underground petroleum
product storage tank to an aboveground location which does not alter
the arrangement of parking and circulation.
c.
However, the Construction Official, at his discretion, may refer
any application for a building permit to the approving authority for
site plan approval, paragraphs b.1, b.2 and b.3 notwithstanding, where
in the Construction Official's judgment the construction, reconstruction,
alteration or change of use will affect circulation, water supply,
sewage disposal, drainage, landscaping, signs, lighting, off-street
parking or loading or the lack of any or all of these factors, environmental
factors and other considerations as specified in this chapter.
d.
Except as provided in paragraph b.1, b.2 and b.3 herein, all construction,
reconstruction, alteration or enlargement of a building, structure
or use or a change of use or occupancy on or in a nonconforming structure,
use or lot shall require site plan approval.
[Ord. No. 2010-18 §§ 1
— 5]
a.
Notice to Owners of Adjacent Properties.
1.
Except as set forth in paragraph 2 below, all applications for building permits that are exempt from site plan review pursuant to subsection 36-9.2a but which will change the building footprint of the primary structure and/or increase the footprint of an accessory structure, shall be subject to the requirements of paragraphs 3 through 5 below.
2.
The requirements of paragraphs 3 through 5 shall not apply to work
that was approved by the Planning Board or Zoning Board in a public
hearing.
3.
When an application is submitted for work that meets the requirements
of paragraph 1, the Construction Code Official shall send notice to
each property owner that owns land that borders on the property where
the work will be done. That notice shall advise the adjoining owners
that (i) applications can be reviewed at the Building Department and
(ii) they can submit, within 10 days, any evidence that they believe
renders the application for a building permit inaccurate. This includes
but is not limited to surveys or other evidence that demonstrates
that the proposed work will violate setback requirements.
4.
If no objections are received, the Construction Code Official may
issue the building permit, provided that all other Code requirements
are met.
5.
If objections are received, the Construction Code Official shall
advise the Mayor and Council of the objections and the Mayor and Council
may advise the Construction Code Official of the recommended course
of action; provided, however that the Construction Code Official shall
not be required to take any action that is not in conformity with
the Uniform Construction Code. If the Mayor and Council do not act
within 20 days of referral by the Construction Code Official, the
Construction Code Official shall act in the manner deemed appropriate
under the Uniform Construction Code.
[Ord. No. 2-9-77 § 127-28]
a.
An application shall be submitted to the administrative officer in writing, in triplicate, on forms supplied by the approving authority. Receipt of an application for preliminary site plan approval shall be filed no less than 14 days prior to the regular meeting date of the approving authority. Required fees, as provided in Section 36-3, shall be submitted with the application form.
b.
The approving authority shall accept simultaneous applications for
preliminary and final site plan approval where so requested by the
applicant, provided that all of the conditions, requirements and safeguards
established for preliminary and final site plan approval are adhered
to.
[Ord. No. 2-9-77 § 127-29]
a.
Preliminary Site Plan Review.
1.
The applicant shall submit the preliminary site plan application
and plat maps and payment of all required fees to the administrative
officer, who shall submit copies of the preliminary plat to the following:
(a)
Approving authority attorney.
(b)
Town Engineer.
(c)
Planning Consultant.
(d)
Construction Official.
(e)
Secretary of Board of Health.
(f)
Superintendent of Public Works.
(g)
Fire Department.
(h)
Police Department.
(i)
Water Purveyor.
(j)
Shade Tree Commission.
(k)
Beautification and Environmental Committee.
2.
The professionals and boards shall make recommendations to the approving
authority in writing within 14 days of the application submission.
The approving authority shall take the recommendations into account,
but shall have the authority to proceed in the absence of such recommendations
which are not essential to its determination.
3.
If the preliminary site plan is found to be incomplete, the applicant
shall be notified thereof within 35 days of the date of submission,
or it shall be deemed to be perfected as to content.
4.
Where adjustments or changes are required in the site plan submission,
the applicant shall be required to modify the plat in order to qualify
as a perfected application as to content and for public hearing purposes.
b.
Other Governmental Approvals. Any preliminary site plan approval required for County site plan approval or for any other County, State or Federal agency shall be submitted by the applicant for review and approval. The approving authority shall not take any final action until approval is granted by the governmental agency or a statement is issued authorizing the municipal approving authority to proceed in its application, except as provided in subsection 36-3.5.
c.
Public Hearings. Upon submission of a perfected application, the approving authority shall schedule a public hearing for the applicant. The applicant shall meet all of the requirements established in subsection 36-3.3c for public hearings.
d.
Time Period in Which to Act.
1.
The approving authority shall grant, condition or deny preliminary
site plan approval within 45 days of receipt of a perfected and complete
site plan application for a site plan of 10 acres or less or within
95 days of submission of a perfected and complete application for
a site plan of more than 10 acres or within such further time as may
be consented to by the applicant for both classes of site plans.
2.
Failure of the approving authority to act within the prescribed time
periods or to obtain an extension from the applicant, in writing,
shall constitute a preliminary approval by the approving authority.
[Ord. No. 2-9-77 § 127-30]
a.
Preliminary approval of a site plan shall confer upon the applicant
the following rights for a three-year period from the date of the
preliminary approval:
1.
That the general terms and conditions on which preliminary approval
was granted shall not be changed, including but not limited to use
requirements; layout and design standards for streets, curbs and sidewalks;
lot size; yard dimensions and on-tract and off-tract improvements;
and any requirements peculiar to the specific site plan. The municipality
may modify, by ordinance, such general terms and conditions of preliminary
approval as they may relate to public health and safety, provided
that such modifications are in accord with amendments adopted by ordinance
subsequent to approval.
2.
That the applicant may submit for final approval on or before the
expiration date of preliminary approval the whole or a section or
sections of the preliminary site plan.
3.
That the applicant may apply for and the approving authority may
grant extensions on such preliminary approval for an additional period
of one year, but not to exceed a total extension of two years, provided
that if the design standards have been revised by ordinance, such
revised standards may govern.
b.
In the case of a site plan for an area of 50 acres or more, the approving
authority may grant the rights referred to in paragraphs a.1, a.2
and a.3 above for such a time period, longer than three years, as
shall be determined by one approving authority to be reasonable, taking
into consideration the number of dwelling units and nonresidential
floor area permissible under preliminary approval, economic conditions
and the comprehensiveness of the development. The applicant may apply
for thereafter and the approving authority may thereafter grant an
extension to preliminary approval for such additional period of time
as shall be determined by the approving authority to be reasonable,
taking into consideration the number of dwelling units and nonresidential
floor area permissible under preliminary approval, the potential number
of dwelling units and nonresidential floor area of the section or
sections awaiting final approval, economic conditions and the comprehensiveness
of the development, provided that if the design standards have been
revised, such revised standards may govern.
c.
Failure to obtain final approval within the prescribed time limits
as herein defined shall void the preliminary plat approval.
[Ord. No. 2-9-77 § 127-31]
An application shall be submitted to the administrative officer in writing, in triplicate, on forms supplied by the approving authority. Receipt of an application for final approval of a site plan shall be filed no less than 14 days prior to the regular meeting date of the approving authority. Required fees, as provided in Section 36-3, shall be submitted with the application form.
[Ord. No. 2-9-77 § 127-32]
a.
Final Site Plan Review.
1.
The applicant shall submit the final site plan application and plat
maps and payment of all required fees to the administrative officer,
who shall submit copies of the plat to the following:
2.
The professionals and boards shall make recommendations to the approving
authority, in writing, within 14 days of the application submission.
The approving authority shall take the recommendations into account,
but shall have the authority to proceed in the absence of such recommendations
if the approving authority finds such recommendations not to be essential
to its determination.
b.
The approving authority shall approve the application for final site
plan approval with or without conditions, provided that the following
requirements have been met:
1.
The detailed drawings, specifications and estimates meet all applicable
codes and ordinances.
2.
The final plans are substantially the same as the approved preliminary
site plan and conditions governing same.
3.
All improvements have been installed or bonds posted to ensure the
installation of improvements.
4.
The applicant agrees, in writing, to all conditions of final approval.
5.
Proof has been submitted that no taxes or assessment for local improvements
are due or delinquent on property for which final site plan approval
is sought.
6.
All applicable fees have been paid prior to any final action by the
approving authority.
7.
Requirements of other governmental units have been complied with.
c.
Other Governmental Approvals. Any final site plan approval required for County approval or any other County, State or Federal agency approval shall be submitted by the applicant for review and approval. The approving authority shall not take any final action until approval is granted by the governmental agency or a statement is issued authorizing the municipal approving authority to proceed in its application, except as provided in subsection 36-3.5 herein.
d.
Time Period in Which to Act.
1.
The approving authority shall grant, condition or deny final site
plan approval within 45 days of receipt of a perfected and complete
site plan application or within such further time as may be consented
to by the applicant.
2.
Failure of the approving authority to act within the prescribed time
period or to obtain an extension from the applicant, in writing, shall
constitute final approval, and a certificate of the Town Clerk as
to the failure of the approving authority to act shall be issued on
request of the applicant, and it shall be sufficient in lieu of the
written endorsement or other evidence of approval.
e.
Final Site Plan Approval Authorization. Upon approval of the site
development plan and upon compliance with all conditions, the Town
Engineer and the Chairman and the Secretary of the approving authority
shall be authorized to sign the plan, and the Secretary shall affix
the seal of the Board. The tracing shall be and remain a permanent
record of the approving authority, and the applicant shall supply
to the approving authority the number of prints reasonably required
for its records. A print shall be forwarded to each of the professionals
identified in paragraph a above.
[Ord. No. 2-9-77 § 127-33]
a.
Final approval shall terminate the time period of preliminary approval
for the section granted final approval and shall guarantee the applicant
the zoning requirements applicable to the preliminary approval and
all other rights conferred upon the applicant as part of preliminary
approval, which shall not be changed for a period of two years after
the date of final approval.
b.
Final approval shall expire two years from the date of final approval unless the applicant has secured a building permit to commence construction. The approving authority may extend final approval and the protection offered under subsection 36-9.7 for one year. Up to three such extensions may be granted.
c.
In the case of a site plan for a planned development of 50 acres,
or conventional site plan for 150 acres or more, the approving authority
may extend the rights granted under final approval for such period
of time, longer than two years, as shall be determined by the approving
authority to be reasonable, taking into consideration the number of
dwelling units and nonresidential floor area permissible under final
approval, economic conditions and the comprehensiveness of the development.
The applicant may apply for thereafter, and the approving authority
may thereafter grant, an extension of final approval for such additional
time as shall be determined by the approving authority to be reasonable
taking into consideration the number of dwelling units and nonresidential
floor area permissible under final approval, the number of dwelling
units and nonresidential floor area remaining to be developed, economic
conditions and the comprehensiveness of the development.
d.
The approving authority may, as a condition of final approval:
1.
Grant final approval only for designated geographic sections of the
development.
2.
Grant final approval for certain work but require resubmission for
final approval for designated elements, such as but not limited to
landscaping, signs, street furniture, etc., and require approval of
these elements as a prerequisite for a certificate of occupancy of
zoning permit.
3.
Condition the granting of a certificate of occupancy or zoning permit
subject to the applicant or developer or subsequent heirs or assignees
meeting certain requirements within a designated period of time, not
to exceed one year from the date of issuance of the certificate of
occupancy or zoning permit. This may include but is not limited to
the installation of improvements, reevaluation of circulation patterns,
etc.
[Ord. No. 2-9-77 § 127-34; Ord. No. 2003-(O)-40]
a.
Site Plan Amendments. Amended site plan applications shall be filed
with the approving authority and shall be considered at the next regular
meeting date of the approving authority, provided that the amended
application is received no less than 14 days before the meeting date
and that the amendments are minor in nature.
b.
Compliance.
1.
All proposed improvements of development indicated on the approved
site plan shall meet the requirements of all applicable codes, ordinances
and specifications of the community, County, State or Federal governments
and other agencies with jurisdiction over matters pertaining to site
development.
2.
It shall be the joint responsibility of the Town Engineer and the
Construction Official to enforce their respective rules and regulations
to ensure compliance with the site plan approval map and other specified
conditions as may be imposed on the development.
c.
Site Plan Binding. The site plan, as approved by the approving authority,
shall be binding upon the applicant. Any changes from the approved
plan shall require resubmission and reapproval by the approving authority,
except as provided in paragraph a above.
d.
Revocation of Building Permit, Certificate of Occupancy, or Zoning
Permit. In the event of a failure to comply with any condition of
site plan approval, the Construction Code Official, on his own initiative
or upon recommendation from the Engineer, may revoke the building
permit, certificate of occupancy or zoning permit, as the case may
be, and seek to enjoin the violation or take such other steps as permitted
by law.
[Ord. No. 2-9-77 § 127-35]
a.
The applicant shall observe the following requirements and principles
of land subdivision in each subdivision or portion thereof.
b.
The subdivision plat shall conform to the design standards that will
encourage good development patterns within the Town. Where either
an Official Map or Master Plan or both have been adopted, the subdivision
shall conform to the proposals and conditions shown thereon. The streets,
drainage rights-of-way, school sites, public parks and playgrounds
shown on an adopted Master Plan or Official Map shall be considered
an approval of subdivision plats.
[Ord. No. 2-9-77 § 127-36]
The arrangement of streets not shown on the Master Plan or Official
Map shall be such as to provide for the appropriate extension of existing
streets or with a minimum right-of-way of 50 feet.
a.
Minor Streets. Minor streets shall be so designed as to discourage
through traffic unless deemed necessary by the approving authority.
b.
Regional Highways. Subdivisions abutting regional highways may be
required to provide a marginal service road or reverse frontage with
a buffer strip for planting, or some other means of separation of
through and local traffic as the approving authority may determine
to be appropriate.
c.
Pavement Width of Streets. The pavement width of all streets shall
be a minimum of 30 feet for all local streets and may be greater for
collector and arterial streets.
d.
Minimum Right-of-Way Width. The right-of-way width shall be measured
from lot line to lot line and shall not be less than 50 feet in either
case, except when shown at a greater width on the Master Plan or Official
Map of the Town of Kearny or the street constitutes an extension of
an existing street with a greater width than 50 feet.
e.
Substandard Street Right-of-Way and Pavement Width. In connection
with subdivisions that adjoin or include existing streets that do
not conform to widths as shown on the Master Plan or Official Map
or the street width requirements of this chapter, the applicant shall
dedicate additional right-of-way or pavement width along either one
or both sides of the road. If the subdivision is along one side only,
1/2 of the required extra width shall be dedicated.
f.
Street Grades. Grades of arterial and collector streets shall not
exceed 6%. Grades on other streets shall not exceed 10%. No street
shall have a minimum grade of less than 1/2%.
g.
Street Intersections. Street intersections shall be as nearly at
right angles as is possible and in no case shall be less than 60°.
The block corners at intersections shall be rounded at the curbline
with a curve having a radius of not less than 20 feet.
h.
Street Jogs. Street jogs shall have center-line offsets of not less
than 125 feet.
i.
Reverse-Curve Tangents. A tangent at least 100 feet long shall be
introduced between reverse curves on arterial and collector streets.
j.
Street Line Deflection. When connecting street lines deflect from
each other at any one point by more than 10° and not more than
45°, they shall be connected by a curve with a radius of not less
than 100 feet for minor streets and 300 feet for arterial and collector
streets.
k.
Changes in Grade. All changes in grade shall be connected by vertical
curves of sufficient radius to provide a smooth transition and proper
sight distance.
l.
Cul-de-Sac Streets. Dead-end streets (cul-de-sacs) shall not be longer
than 600 feet and shall provide a turnaround at the end with a radius
of not less than 50 feet and tangent whenever possible to the right
side of the street. If a dead-end street is of a temporary nature,
a singular turnaround shall be provided and provisions made for future
extension of the street and reversion of the excess right-of-way to
the adjoining properties.
m.
Street Names. No street shall have a name which will duplicate or
so nearly duplicate as to be confused with the names of existing streets.
The continuation of an existing street shall have the same name. The
Police Department shall approve the names of all streets.
n.
Sidewalks. Where sidewalks are required, there shall be provided
a minimum walkway width of four feet constructed in accordance with
the requirements of the Town Engineer.
[Ord. 2-9-77 § 127-37]
a.
Block length and width or acreage within bounding roads shall be
such as to accommodate the size of lot required in the area by the
Zoning Ordinance and to provide for convenient access, circulation
control and safety of street traffic.
b.
In blocks of 1,000 or more feet in length, pedestrian crosswalks
nay be required in locations deemed necessary by the approving authority.
Such walkways shall be at least 10 feet wide in right-of-way with
a five-foot-wide improved pavement surface. The walkway may also include
other improvements, including streetlighting.
c.
For all uses, including commercial, industrial and planned development
group areas, block size shall be sufficient to accommodate the proposed
uses and to permit reasonable access, circulation and fire-fighting
and emergency services.
[Ord. No. 2-9-77 § 127-38]
a.
Lot dimensions and areas shall not be less than the requirements
of the Zoning Ordinance.
b.
Insofar as is practical, side lot lines shall be at right angles
to straight streets and radial to curved streets.
c.
Each lot must front upon an approved and improved street with a right-of-way
width of at least 50 feet in width, except as provided herein.
d.
Where extra width has been dedicated for widening of existing streets,
lots shall begin at such extra-width line, and all setbacks shall
be measured from such line.
e.
Where there is a question as to the suitability of a lot or lots
for their intended use due to such factors such as rock formations,
drainage conditions, watercourses, historic sites, flood conditions
or similar circumstances, the approving authority may, after adequate
investigation, withhold approval of such lots.
[Ord. No. 2-9-77 § 127-39]
a.
Where a subdivision is traversed by a watercourse, drainageway, channel
or stream, there shall be provided a stormwater easement or drainage
right-of-way conforming substantially with the lines of such watercourses
and such further width or construction, or both, as will be adequate
for the purpose.
b.
Natural features, such as trees, brooks, hilltops and views shall
be preserved whenever possible in designing any subdivision containing
such features.
c.
Any public use as defined herein shall be of suitable size, shape
and location under the provision of reservation contained herein.
d.
In a large-scale development, easements along rear property lines
or elsewhere for utility installation may be required. Such easements
shall be at least 15 feet wide and shall be located in consultation
with the utility companies or municipal departments concerned.
[Ord. No. 2-9-77 § 127-40]
All installations of water mains, culverts and storm and sanitary
sewers shall be connected with an approved system and shall be adequate
to handle all present and probable future development.
[Ord. No. 2-9-77 § 127-41]
a.
For all major subdivision, the applicant shall arrange with the serving
utility for the underground installation of all utility distribution
supply lines and service connections in accordance with the provisions
of the applicable standard terms and conditions incorporated as a
part of its tariffs as the same are then on file with the State of
New Jersey, Board of Public Utility Commissioners, and shall submit
to the approving authority prior to the granting of final approval
a written instrument from each serving utility which shall evidence
full compliance with the provisions of this subsection; provided,
however, that lots in such subdivisions which abut existing streets
where overhead electric or telephone distribution supply lines have
theretofore been installed on any portion of the streets involved
may be supplied with electric and telephone service from such overhead
lines, but the service connections from the utilities' overhead lines
shall be installed underground. The location of access facilities
for servicing the utility in the proposed subdivision shall be developed
in conjunction with and as a part of the complete subdivision plan.
b.
Whenever the utility is not installed in the public right-of-way,
an appropriate utility easement not less than 20 feet in width shall
be provided.
c.
The approving authority may in its discretion waive the installation
of the underground utilities where such installation will result in
peculiar and exceptional practical difficulties to or exceptional
and undue hardship upon the applicant by reason of exceptional topographic
conditions or by reason of their extraordinary and exceptional situation
or condition of the lands in such subdivision.
d.
Whenever underground utilities are installed in accordance with the
provisions hereof, fire alarm systems servicing the development shall
also be installed in an appropriate subsurface distribution system
connecting the necessary alarm stations. The manner of installation
and the number and location of alarm stations shall be in a manner
approved by the Fire Department.
[Ord. No. 2-9-77 § 127-42]
a.
No topsoil shall be removed from the site or used as spoil. Topsoil
moved during the course of construction shall be redistributed so
as to provide at least six inches of cover to all areas of the subdivision
and shall be stabilized by seeding or planting.
b.
All applications for subdivision shall be in accordance with the
Kearny Soil Erosion and Sediment Control Ordinance, or, where same
has not been adopted, the applicant shall meet the requirements of
Chapter 251, Laws of 1975, the New Jersey Soil Erosion and Sediment
Control Act. The applicant shall provide evidence of approval from
the Soil Conservation Service, where applicable, prior to action by
the approving authority or required public hearings.
[Ord. 2-9-77 § 127-43]
a.
All applications for site plan approval shall be prepared, signed
and sealed by a professional engineer or architect. They shall bear
the signature and seal of a licensed land surveyor as to topographic
and boundary survey data.
b.
All site plans shall comply with the requirements hereinafter set
forth and shall contain the following information and data where applicable.
1.
A title block shall be indicated in the lower right-hand corner of
the plan and shall include the name and address of the record owner;
the name and address of the applicant, including the block and lot
number of the site; the title of the development; and the name, address,
license number and seal of the person preparing the plan. If the owner
is a corporation, the name and address of the president and secretary
shall be submitted with the application.
2.
A date block of the site plan adjacent to the title block containing
the date of preparation. All subsequent revisions shall be noted and
dated.
3.
A key map showing the location of the tract with reference to surrounding
properties, existing railroads, streets, streams, rivers, drainage
rights-of-way and water or utility rights-of-way or easements within
500 feet of the boundaries of the subject premises.
4.
A scale of not less than 50 feet to the inch shall be used and a
graphic representation of the scale shall be displayed, and a North
arrow. All distances and dimensions shall be in feet and decimals
of a foot and all bearings shall be given to the nearest 10 seconds.
5.
A map indicating all parcels and lots, together with the names of
all owners of adjacent property within 200 feet of the subject premises
with the respective block and lot numbers of the properties, as shown
on the current municipal tax records.
6.
Zone boundaries shall be shown on the site plan as they affect the
parcel. Adjacent zone districts within 200 feet shall also be indicated.
Such features may be shown on a separate map or as a key on the detail
map itself.
7.
Property lines of the entire property, required building setback
lines and lines of existing and proposed streets, lots, reservations,
easements and areas dedicated to public use, including grants, restrictions
and rights-of-way. The total area of the subject property shall be
indicated in square feet.
8.
Reference to any existing covenants that are in effect or are intended
to cover all or any of the tract. A copy of such covenants, deed restrictions,
easements or exceptions shall be submitted with the application. If
there are no known covenants, deed restrictions, easements or exceptions
affecting the site, a notation to that effect shall be indicated on
the site plan.
9.
Location of existing buildings on the site which shall remain and
all other structures, such as walls, fences, culverts, bridges, roadways,
etc., with spot elevations of such structures. Structures to be removed
shall be indicated by dashed lines; structures to remain shall be
indicated by solid lines.
10.
Right-of-way and pavement widths of all streets upon which the subject
property has access. All distances as measured along the right-of-way
lines of existing streets abutting the property to the nearest intersection
with any other street.
11.
Location plans and elevations of all proposed buildings and other
structures, including required yard and setback areas, building height
in feet and stories and lot coverage calculations.
12.
Location, height, dimensions and details of all signs either freestanding
or affixed to a building. Where signs are not to be provided, a notation
to that effect shall be indicated on the site plan.
13.
Location of all storm drainage structures, including rim and invert
elevations, and sediment control devices and utility lines whether
publicly or privately owned, with pipe sizes, grades and direction
of flow; and, if any existing utility lines are underground, the estimated
location of the already underground utility lines shall be shown.
14.
Existing and proposed contours, referred to United States Coast and
Geodetic Survey datum, with a contour interval of one foot for slopes
of 3% or less; an interval of two feet for slopes of more than 3%
but less than 15%; and an interval of five feet for slopes of 15%
or more. Existing contours are to be shown by dashed lines and proposed
contours are to be clearly indicated by solid lines.
15.
Location of existing rock outcrops, high points, watercourses, depressions,
woodland areas and other significant existing features, including
previous flood elevations of watercourses where available and ponds
and marsh areas as may be determined by survey.
16.
All proposed streets with profiles indicating grading; and cross
sections showing width of roadway, location and width of sidewalk,
where required, and location and size of utility lines according to
community standards and specifications.
17.
The proposed use or uses of land and buildings and proposed location
of buildings, including proposed grades. Floor space of all buildings
and estimated number of employees, housing units or other capacity
measurements, where required, shall also be indicated. If the precise
use of the building is unknown at the time of application, an amended
plan showing the proposed use shall be required prior to a certificate
of occupancy.
18.
All means of vehicular ingress and egress to and from the site onto
public or private streets, showing the size and location of driveways
and curb cuts, including the possible organization of traffic channels,
acceleration and deceleration lanes, additional width and other traffic
controls which may be required. Improvements, such as roads, curbs,
sidewalks and other design detail, shall be indicated, including dimensions
of parking stalls, access aisles, curb radii, direction of traffic
flow and other conditions as may be required in the Zoning Ordinance
or this chapter.
19.
The location and design of any off-street parking areas or loading
areas showing size and location of bays, aisles and barriers.
20.
The location of all proposed waterlines, valves and hydrants and
all sewer lines or alternative means of water supply or sewage disposal
and treatment in conformance with the applicable municipal standards
and appropriate utility companies, where applicable, including rim
and invert elevations.
21.
The proposed location, direction of illumination, power and time
of proposed outdoor lighting in conformance with applicable standards
of the community, including type of standards to be employed, radius
of light and intensity in footcandles.
22.
The proposed screening and landscaping and a planting plan indicating
natural vegetation to remain and areas to be planted and type of vegetation
to be utilized.
23.
The proposed stormwater drainage system as to conform with designs
based on a fifteen-year storm, using a one hour intensity of 2.0 inches.
All site plans shall be accompanied by a plan sketch showing all existing
drainage within 500 feet of any boundary, and all areas such as paved
areas, grassed areas, wooded areas and any other surface area contributing
to the calculations and methods used in the determination.
24.
Such other information or data as may be required by the approving
authority in order to determine that the details of the site plan
are in accordance with the standards of the Zoning Ordinance or standards
contained herein.
25.
Such other information or data as may be required by the approving
authority for determination that the details of the site plan are
in accordance with all applicable municipal, County and State ordinances
and regulations.
[Ord. No. 2-9-77 § 127-44]
The following legends shall be indicated on the site plan.
a.
To be signed before submission:
|
I CONSENT TO THE FILING OF THIS SITE PLAN WITH THE __________
OF THE TOWN OF KEARNY.
| ||
|
Applicant
|
Date
| |
b.
To be completed before submission:
|
SITE PLAN OF
| ||
|
LOT
|
BLOCK
|
ZONE
|
|
DATE
|
SCALE
| |
|
APPLICANT
| ||
|
ADDRESS
| ||
c.
To be signed before submission:
|
I HEREBY CERTIFY THAT I HAVE PREPARED THIS SITE PLAN AND THAT
ALL DIMENSIONS AND INFORMATION ARE CORRECT.
| |
|
Name
| |
|
Title and License Number
| |
d.
To be signed before issuance of building permit:
|
APPROVED BY THE__________ OF THE TOWN OF KEARNY.
| ||
|
| ||
|
Date
|
Chairperson
| |
e.
To be signed before __________ approval is given:
|
I HAVE REVIEWED THIS SITE PLAN AND CERTIFY THAT IT MEETS ALL
CODES AND ORDINANCES UNDER MY JURISDICTION.
| ||
|
Date
|
Engineer
| |
f.
To be signed before issuance of building permit:
|
I HEREBY CERTIFY THAT ALL REQUIRED IMPROVEMENTS HAVE BEEN INSTALLED
OR THAT A PERFORMANCE GUARANTY HAS BEEN POSTED IN ACCORDANCE WITH
§ __________ OF THE SITE PLAN ORDINANCE.
| |
|
Building Inspector
| |
|
Engineer
| |
g.
To be signed prior to issuance of a certificate of occupancy:
|
I HEREBY CERTIFY THAT ALL THE REQUIRED IMPROVEMENTS OF THIS
SITE PLAN HAVE BEEN INSTALLED IN COMPLIANCE WITH ALL APPLICABLE CODES
AND ORDINANCES.
| ||
|
Date
|
Building Inspector
| |
|
Date
|
Engineer
| |
|
OCCUPANCY PERMIT ISSUED
|
Date
| |
[Ord. No. 2-9-77 § 127-45]
In reviewing any application for site plan approval, conditional
use approval or combinations thereof, the approving authority, advisory
boards, professional advisers and the applicant shall be guided by
the general and specific requirements contained herein.
a.
Circulation.
1.
The circulation system shall consider pedestrian and vehicular traffic
movement within and adjacent to the plat with particular emphasis
on the provision and layout of parking areas, off-street loading and
unloading and movement of people, goods and vehicles from access roads,
within the site and between buildings and vehicles.
2.
All parking spaces shall be usable and safely and conveniently arranged.
Access to the site from adjacent roads shall be designed so as to
interfere as little as possible with traffic flow on these roads and
to permit vehicles a rapid and safe ingress and egress to the site.
b.
Building Design and Layout. The design and layout of buildings and
parking areas shall be reviewed so as to provide an aesthetically
pleasing design and efficient arrangement. Particular attention shall
be given to safety and fire protection; impact on surrounding development
and contiguous and adjacent buildings and lands; and environmental
considerations.
c.
Lighting. Adequate lighting shall be provided to ensure safe movement
of persons and vehicles and for security purposes. Directional lights
shall be arranged so as to minimize glare and reflection on adjacent
properties.
d.
Buffering. Buffering, where required, shall be located around the
perimeter of the site to minimize headlights of vehicles, noise, light
from structures and the movement of people and vehicles and to shield
activities from adjacent properties. Buffering may consist of fencing,
evergreens, shrubs, bushes or deciduous trees, or combinations thereof,
to achieve the stated objectives.
e.
Landscaping. Landscaping shall be provided as part of the overall
plan designed and integrated into building arrangements, topography
and parking and buffering requirements. Landscaping shall include
trees, bushes, shrubs, ground cover, perennials, annuals, plants,
sculpture, art, street furniture and the use of building and paving
materials in an imaginative manner.
f.
Signs. Signs shall be designed so as to be aesthetically pleasing
and harmonious with other signs on the site and located so as to achieve
their purpose without constituting hazards to vehicles and pedestrians.
g.
Utilities.
1.
Storm drainage, sanitary waste disposal, water supply and solid waste
disposal shall be reviewed and considered. Particular emphasis shall
be given to the adequacy of existing systems and the need for improvements
to adequately carry runoff and sewage and to maintain an adequate
supply of water at sufficient pressure.
2.
Solid waste disposal shall be reviewed to ensure frequent collection,
aesthetic considerations and protection against vermin and rodents.
All systems shall meet municipal specifications as to installation
and construction.
h.
Environmental Considerations.
1.
Environmental elements relating to soil erosion and sedimentation,
preservation of trees, protection of watercourses and water quality,
noise pollution, topographic limitation areas, wetland areas and other
environmental and ecological factors will be reviewed, where appropriate,
to minimize adverse development effects.
2.
Provisions shall be made for the elimination of all loud and offense
noise to the general public.
[Ord. No. 2-9-77 § 127-46; Ord. No. 4-10-91; Ord.
No. 1999-O-5 §§ 4, 5]
a.
Number of Parking Spaces Required. The number of off-street parking
spaces required shall be as set forth in the following table. If determination
of the number of required parking spaces results in a fractional space,
the fraction shall require one additional parking space.
|
Off-Street Parking Requirements
| |
|---|---|
|
Use
|
Required Parking Spaces
|
|
Banks and savings institutions
|
1 for each 300 square feet of floor area or 8 for each teller
window, whichever is greater
|
|
Bowling lanes
|
5 for each lane
|
|
Churches and other places of worship
|
1 for each 3 seats or 1 for each 72 inches of seating space
when benches rather than seats are used
|
|
Commercial recreation (except for theaters and bowling alleys)
|
1 for each 125 square feet
|
|
Funeral homes and mortuaries
|
10 for each parlor or slumber room
|
|
Industrial and manufacturing uses
|
1 for each 500 square feet of floor area or 2 for each 4 employees
in the maximum working shift, whichever is greater
|
|
Laboratory and research uses
|
1 for every 300 square feet of floor area
|
|
Medical or dental clinics or offices
|
4 for each doctor or dentist, plus 1 for each employee
|
|
Motels, hotels and motor lodges
|
1 for each rental unit and, in addition, compliance with the
requirements for each particular additional use located on the property,
such as restaurants, eating and drinking establishments, retail stores
and meeting rooms
|
|
Nursing homes, hospitals and convalescing homes
|
1 for every 2 beds, plus 1 per staff member and employee in
the maximum work shift
|
|
Offices, business and professional (other than medical and dental)
|
1 for each 250 square feet of floor area, except that if an
office use includes an area of 1,000 square feet or greater having
more than 1 employee per 250 square feet, the required parking shall
be 0.75 spaces for each employee providing the result is greater than
that determined by floor area alone for the entire office space
|
|
Residential dwellings, except one- and two-family dwellings
|
2 for each dwelling unit
|
|
Restaurants, eating and drinking establishments and catering
halls
|
1 for every 2 1/2 seats, plus 1 for each 2 employees
|
|
Restaurants, fast-food
|
1 for each 2 seats, plus 1 for each 2 employees in the maximum
work shift, or a minimum of 40 parking spaces, whichever is greater
|
|
Retail stores, store groups, shops and shopping centers
|
1 for each 150 square feet of floor area where the floor area
shall not exceed 2,000 square feet; and 1 for each 175 square feet
of floor area where the floor area shall exceed 2,000 square feet
|
|
Senior Citizen Housing
|
1 for every 3 dwelling units
|
|
Taxi dispatch offices
|
1 for each on-site employee in the maximum working shift plus
a minimum of 5 spaces for taxis
|
|
Theaters
|
1 for each 3 seats
|
|
Wholesale establishments, warehouses and furniture stores
|
1 for each 600 square feet of floor area
|
|
Mixed land uses
|
Mixed land uses in the same building shall be calculated as
the sum of the individual uses unless the applicant can demonstrate
to the approving authority that the parking characteristics of the
individual uses are such that the total needs of the development are
less than the sum of the parts, and the number of spaces to be provided
will satisfy the lesser need
|
|
Other uses not provided herein
|
To be determined by the approving authority
|
b.
Location of Parking Spaces. The approving authority shall approve
the location of all proposed parking spaces on the site and shall
take into consideration the size and topography of the site; visibility
from the site to the adjoining street, as well as within the parking
area; conditions of safety relating to the movement of people and
vehicles; and the glare, noise, dust and other similar considerations.
c.
Parking Area Design Standards.
1.
Aisle Width. Provision shall be made for the safe and adequate circulation
of pedestrians and vehicles within and adjoining the subject property.
The width of all aisles providing direct access to individual parking
stalls shall be in accordance with the standards established in the
following table. Only one-way traffic shall be permitted in aisles
of less than 24 feet.
|
Parking Angle
(degrees)
|
Minimum Aisle Width
(feet)
|
|---|---|
|
0 (parallel)
|
12
|
|
30
|
12
|
|
45
|
13
|
|
60
|
18
|
|
90 (perpendicular)
|
24
|
d.
Size of Parking Stalls.
1.
Parking stalls for churches, community buildings and social halls,
hospitals and nursing homes, manufacturing and industrial uses, business
and professional offices and wholesale and warehouse establishments
shall have a minimum area of 180 square feet of space, exclusive of
aisles, and shall measure nine feet in width and 20 feet in length.
2.
For all other uses, there shall be a minimum area of 200 square feet
of space, exclusive of aisles, which shall measure 10 feet in width
and 20 feet in length.
e.
Circulation Within Parking Area.
1.
Except for attendant parking, all parking spaces shall be designed
free and clear of any obstruction to individual parking stalls.
2.
Such parking spaces shall be located in such a fashion as to permit
all vehicles to exit in a safe and orderly manner. Under no condition
shall vehicles be permitted to back out of a parking lot driveway
or otherwise block the free movement of traffic within the parking
area or specific points of safety control, such as fire hydrants,
doorways, elevators or other similar locations.
3.
Aisle widths and circulation patterns shall be designed to permit
emergency and service vehicles, such as delivery trucks, solid waste
collection vehicles and the like, to have reasonable access to and
space for their intended functions.
4.
Pedestrian circulation within a parking area shall be, to as great
an extent as possible, separated from vehicle traffic. Safety zones,
crossing points and sidewalk areas, where warranted, shall be provided.
5.
The use of pedestrian carts or other similar accessory vehicles shall
not be permitted to be retained within the driving area of the parking
facility.
f.
Driveway Design Criteria.
1.
Location of Driveways.
(a)
All entrance and exit driveways to a public or private street
shall be so located as to afford maximum safety to the roadway and
to provide for safe and convenient ingress and egress and to minimize
conflict with the flow of traffic.
(b)
In no case shall there be permitted unrestricted access along
the length of a street or streets upon which the parking area abuts.
(c)
Where a site is located at the intersection of two streets,
no driveway entrance or exit shall be located within 50 feet of the
point where the curb return of the street intersection and the curbline
meet.
(d)
No part of any driveway shall be located closer than 20 feet
to any other driveway on an adjoining parcel nor shall more than one
driveway be located closer than 40 feet to another driveway on the
same site as measured from the closest edge of any two driveways along
the same right-of-way line.
(e)
No entrance of exit driveway shall be located on a traffic circle
or on a ramp of an interchange or within 50 feet of the beginning
of any ramp or other portion of an interchange.
2.
Geometric Design. The geometric design of a driveway connection to
a public or private street shall be governed by sound traffic engineering
principals. The following guidelines are utilized in preparing a geometric
design, but some deviation may be necessitated from time to time due
to the many variables encountered in the course of preparing a design.
The applicant should be aware, therefore, that although the driveway
layout may conform to these guidelines, conditions may dictate deviation
from them, and requirements of the municipal engineer shall be final.
(a)
Two-way operation. Driveways used for two-way operation will
intersect a public or private street at an angle as near to 90°
as site conditions will permit and in no case will be less than 60°.
(b)
One-way operation. Driveways used for vehicles in one direction
of travel (right-turn only) shall not form an angle smaller than 45°
with a public street.
(c)
The dimensions of driveways shall be designed to adequately
accommodate the volume and character of vehicles anticipated to be
attracted daily onto the land development for which a site plan is
prepared. The required maximum and minimum dimensions for driveway
connection to a public or private street at 90° are indicated
in the following table. Driveways serving large volumes of daily traffic
or traffic over 25% of which is truck traffic shall be required to
utilize high-to-maximum dimensions. Driveways serving low daily traffic
volumes or traffic less than 25% of which is truck traffic shall be
permitted to use low-to-minimum dimensions.
|
Driveway Width, Depressed Curb and Curb Return Radius
Standards
|
|
One-Way Operation
| ||||
|---|---|---|---|---|
|
Driveway Width
(feet)
|
Depressed Curb
(feet)
|
Curb Return Radius
(feet)
| ||
|
Min.
|
Max.
| |||
|
3-to 10-family residences
|
12-15
|
32-35
|
20
|
30
|
|
Over 10-family residences
|
15-16
|
35-38
|
20
|
30
|
|
Commercial and industrial
|
15-30
|
35-50
|
35
|
45
|
|
Service stations
|
20-30
|
35-50
|
20
|
35
|
|
Two-Way Operation
| ||||
|---|---|---|---|---|
|
Driveway Width
(feet)
|
Depressed Curb
(feet)
|
Curb Return Radius
(feet)
| ||
|
Min.
|
Max.
| |||
|
3-to 10- family residences
|
22-26
|
44-50
|
20
|
30
|
|
Over 10-family residences
|
24-30
|
46-52
|
25
|
35
|
|
Commercial and industrial
|
30-50
|
50-70
|
35
|
45
|
|
Service stations
|
40-50
|
50-60
|
20
|
35
|
|
Driveways connecting to a public or private street at an angle
shall have the same widths as shown in the above table. The width
of depressed curbs and radius of curb returns shall provide for the
sharpest turning radii of vehicles using the driveway, keeping the
vehicles within their prescribed lanes.
|
(d)
Any vertical curve on a driveway shall be flat enough to prevent
the dragging of any vehicle undercarriage.
(e)
Should the sidewalk be so close to the curb at a depressed curb
driveway as to cause the ramp to be too steep and be likely to cause
undercarriage drag, the sidewalk shall be appropriately lowered to
provide a suitable ramp gradient.
g.
Maintenance of Off-Street Parking and Loading Areas. Every parcel
of land used as a public or private off-street parking or loading
area shall be maintained in good condition, free of hazards and deterioration.
All pavement areas, sidewalks, curbs, drainage facilities, lighting,
bumpers, guardrails, markings, signs, landscaping and other improvements
shall be maintained in workable, safe and good condition.
h.
Waiver of Parking Requirements. If any applicant can clearly demonstrate
to the approving authority that, because of the nature of the operation
or use, the parking requirements of this section are unnecessary or
excessive, the approving authority shall have the power to approve
a site plan showing less paved parking area than required by this
section; provided, however, that a landscaped area of sufficient size
to meet the deficiency shall be set aside and reserved for the purpose
of meeting future off-street parking requirements in the event that
a change of use of the premises shall make such additional off-street
parking spaces necessary.
i.
Other Off-Street Parking Requirements.
1.
Limitations as to Use. All off-street parking areas shall be used
solely for the parking of passenger automobiles, and no commercial
repair work or service of any kind shall be constructed on such parking
lot.
2.
Nonavailability. At any time that the required off-street parking
facilities cease to be available as required, the certificate of occupancy
for the building or buildings built in conjunction with such parking
areas shall be canceled and become null and void.
j.
Off-Street Parking Construction.
1.
All off-street parking areas shall be graded and drained so as to
dispose of all surface water in a manner so as not to unreasonably
impair the surroundings.
2.
All off-street parking areas, aisles and driveways shall be surfaced
with asphalt, bituminous or cement binder pavement according to specifications
established for this purpose by the Town Engineer.
3.
All parking areas and access drives shall be edged by a concrete
curb or Belgian block set at least six inches above the paved surface.
[Ord. 2-9-77 § 127-47]
a.
In any district, in connection with every building or building group
or part thereof hereinafter erected which is to be utilized by industrial
and commercial uses or requires the distribution of material or merchandise
by vehicles and for any residential development containing 30 or more
dwelling units and for large-scale public and quasi-public uses, there
shall be provided and maintained, on the same zone lot with such building,
off-street loading spaces in accordance with the requirements of the
following table.
|
Off-Street Loading Requirements
| ||
|---|---|---|
|
Floor Area
(square feet)
| ||
|
Land Use1
|
At Which First Berth is Required
|
At Which Second Berth is Required2
|
|
Industrial:
| ||
|
Manufacturing
|
5,000
|
40,000
|
|
Warehouse
|
5,000
|
40,000
|
|
Laboratory, research
|
5,000
|
40,000
|
|
Commercial:
| ||
|
Wholesale
|
5,000
|
40,000
|
|
Retail
|
5,000
|
20,000
|
|
Service establishments
|
5,000
|
40,000
|
|
Commercial recreation
|
5,000
|
100,000
|
|
Restaurants
|
2,000
|
25,000
|
|
Office buildings
|
5,000
|
100,000
|
|
Hotels
|
10,000
|
100,000
|
|
Funeral homes
|
10,000
|
100,000
|
|
Residential:
| ||
|
Apartment buildings
|
20,000
|
100,000
|
|
Institutional, public:
| ||
|
Schools
|
10,000
|
100,000
|
|
Hospitals, nursing homes
|
10,000
|
100,000
|
|
Auditoriums, arenas
|
10,000
|
100,000
|
|
Notes:
| |
|---|---|
|
1
|
In the case of a multiple-use building, the amount of off-street
loading space required shall be equal to the sum of the parts unless
same can be demonstrated to be in excess, as shall be subject to determination
by the approving authority.
|
|
2
|
An additional berth shall be required for each additional amount
of square feet as indicated as required between the need for one-
and two-berth intervals.
|
b.
Each such loading space shall not be less than 12 feet in width and
35 feet in length, depending upon the functions to be performed. The
overall floor-to-ceiling height or clear height distance shall not
be less than 12 feet, which may be increased where required.
c.
Except for required buffer areas, each such loading space may occupy
any required side or rear yard but shall not be located in the required
front yard. When adjoining a residential use, institutional use or
place of general assembly, a suitably screened or landscaped buffer
shall be provided.
d.
Off-street loading spaces shall not be located within any fire prevention
zone, within 25 feet of any fire hydrant or within 10 feet of any
stairway, doorway, elevator or other general means of entry to and
from a building for the general public, nor shall it block or in any
way interfere with the free flow of pedestrians from any means of
ingress or egress, nor shall it interfere with the free flow of pedestrians
or vehicles. All such loading spaces shall be appropriately indicated
by sign or other visual communication as to the location.
e.
All loading and unloading operations shall be conducted entirely
within the boundaries of the lot concerned, and no vehicle or conveyance
shall in any manner use public streets, sidewalks or rights-of-way
for loading or unloading operations other than for ingress or egress
to the lot.
[Ord. No. 2-9-77 § 127-48]
a.
Lighting. In connection with every site plan, the applicant shall
submit plans for all proposed exterior lighting. These plans shall
include the location, type of light, radius of light and intensity
in footcandles. The following design standards shall be followed:
1.
The style of the light and light standard shall be consistent with
the architectural style of the principal building.
2.
The maximum height of freestanding lights shall not exceed the height
of the principal building or 35 feet, whichever is less.
3.
All lights shall be shielded to restrict the maximum apex angle of
the cone of illumination to 150°.
4.
Where lights along property lines will be visible to adjacent property,
the lights shall be appropriately shielded.
5.
Spotlight-type fixtures attached to buildings shall be avoided, except
where properly screened from adjacent properties.
6.
Freestanding lights shall be so located and protected as to avoid
being damaged by vehicles.
7.
Lighting shall not be permitted which requires flashing or intermittent
illumination. Lighting which requires change in color, intensity or
hue shall likewise be prohibited. The lighting shall in no way interfere
with, detract from or diminish in any way the effectiveness of any
traffic signal or similar safety or warning device.
b.
Signs.
1.
Each site plan application shall include a sign plan showing the
specific design, location, size, construction and illumination.
2.
If the applicant is unable to provide the details for signs, the
approving authority shall condition its approval upon receipt of same
prior to the issuance of a certificate of occupancy and shall be subject
to the Town Sign Ordinance.
[Ord. No. 2-9-77 § 127-49]
a.
Landscaping. A landscaping plan shall be submitted with each site
plan application. The plan shall identify existing and proposed trees,
shrubs, bushes, plant material, ground cover and natural features
such as boulders and rock outcroppings.
b.
Buffer Areas. Buffers, including fences, landscaping, berms and mounds,
shall be used to minimize any adverse impacts or nuisances from the
site to adjacent areas and shall be provided:
1.
Along property lines shielding various uses from one another.
2.
Where interior roads or driveways run parallel with roadways exterior
to the site.
3.
Where parking areas abut other properties.
4.
In the general area of refuse storage areas, loading and unloading
areas and outdoor storage areas.
5.
As wind-break areas.
6.
To shield areas from deleterious noise or other adverse conditions.
[Ord. No. 2-9-77 § 127-50]
a.
Gas, Electric and Telephone Service.
1.
Gas, electric and telephone service shall be provided by the applicant
in concert with the appropriate public utility providing such service.
The service on the site shall be provided as a part of an underground
system.
2.
If such facilities cannot be reasonably provided due to topographic
or geologic condition of the land or due to technological circumstances,
and where the applicant can adequately demonstrate the lack of feasibility
of same to the satisfaction of the approving authority, a waiver of
this requirement may be granted.
3.
Where existing utility lines, such as electric and telephone poles,
exist off-tract and require relocation as a result of the proposed
development, the approving authority shall be assured that the relocation
will not create or maintain any hazardous or dangerous conditions.
b.
Water Supply and Sanitary Sewage Disposal. Adequate provisions for
water supply and sanitary sewage disposal shall be indicated. The
facilities shall include and not be limited to approvals, where appropriate,
of the engineer of the serving utility company, the Department of
Health and the Fire Department. The locations of all proposed fire
hydrants or similar facilities shall be indicated on the plan, and
the areas shall provide for appropriate fire lanes or protective areas
which shall not be impeded by parking or standing vehicles or other
obstructions, particularly in commercial centers.
c.
Stormwater Drainage.
1.
Provisions shall be made for the safe and adequate drainage of surface
runoff waters in and from the premises so that flooding and erosion
of the property and the property of others will be prevented.
2.
Each site plan submitted to the approving authority shall be reviewed
by the Town Engineer to establish requirements to prevent adverse
drainage conditions both on and off the site.
3.
The drainage systems shall be designed in conformance to accepted
engineering standards. To facilitate the review of proposed drainage
facilities for development, design calculations prepared by the applicant's
engineer shall accompany the application.
4.
The design considerations shall include but not be limited to drainage
areas, runoff calculations, storm drains, pipelines, inlet designs
and manholes.
5.
Unless otherwise stipulated by the Municipal Engineer, drainage facilities
shall be designed on the basis of a fifteen-year storm, using a one-hour
intensity of two inches.
[Ord. No. 2-9-77 § 127-51]
a.
Curbing.
1.
General.
(a)
Where curbing is lacking an applicant for site plan approval
shall install curbing along the extent of all property fronting public
and private streets in accordance with municipal standards and specifications.
(b)
The Municipal Engineer may require curbing within parking areas
in order to facilitate drainage and provide separation between pedestrian
and vehicular movement.
2.
Alignment and Grade. Curb grading and alignment is to be determined
as established in the area unless otherwise required by the Municipal
Engineer.
3.
Curbing at Driveway Openings. Where a proposed driveway is to serve
any land development of 50 or more parking spaces, curbing need not
be carried across the driveway opening as a depressed curb, but rather
may be swept back as curb returns. Where the driveway serves a facility
having less than 50 parking spaces, a depressed curb driveway shall
be utilized.
b.
Street Widening.
1.
The right-of-way width, measured from lot line to lot line, shall
not be less than 50 feet, except when shown at a greater width on
the Master Plan or Official Map or when the street constitutes an
extension of an existing street with a greater width than 50 feet.
2.
In connection with site plans that adjoin or include existing streets
that do not conform to widths as shown on the Official Map or Master
Plan or are less than 50 feet in width, the applicant shall dedicate
additional width along either one or both sides of the road. If the
site plan is along one side only, 1/2 of the required difference in
roadway width shall be dedicated.
c.
Sidewalks.
1.
Each land development requiring site plan approval may be required
to provide a sidewalk within the street right-of-way.
2.
Pedestrian walkways or sidewalks may also be required for any development
of 50 or more parking spaces within the parking area to provide convenient
and safe access for pedestrian circulation.
3.
Sidewalks shall be constructed of concrete, brick or other similar
material and shall be at least four feet in width.
4.
Sidewalks between parking areas and principal structures, along aisles
and driveways and wherever pedestrian traffic shall occur shall be
raised six inches or more above the parking area except when crossing
streets or driveways. Sidewalks, when constructed along a building,
shall be located not less than three feet from the building.
[Ord. No. 2-9-77 § 127-52]
a.
Provision shall be made for the proper storage and collection of
refuse. All such storage shall be maintained within the confines of
an enclosed building or structure and shall be reasonably accessible
for vehicular collection on the site or shall be appropriately screened
and landscaped where outdoor storage is necessary.
b.
The Board of Health shall approve the location and method of collection
on the site.
[Ord. No. 2-9-77 § 127-53]
a.
Retaining Walls. Retaining walls shall be designed to be safe and
adequate for the purpose intended. The walls shall not detract from
the aesthetic beauty of the site when constructed and to this end
shall be fenced or landscaped in accordance with the plans to be approved
by the approving authority.
b.
Outdoor Storage. Outdoor storage, where permitted, shall be suitably
located and approved by the approving authority, which shall consider
the relationship of such areas to adjacent properties and roadways;
provided, however, that n all such cases where storage is permitted,
such areas shall be suitably screened.
c.
Design Standards for Physically Handicapped Persons.
1.
Applicability. In accordance with Chapters 220, 221 and 224 of the
Laws of 1975, all plans and specifications for the construction or
remodeling of any public building, as defined herein, shall provide
facilities for the physically handicapped.
2.
Design of Facilities and Buildings.
(a)
All public buildings shall contain at least one principal entrance
accessible to and usable by physically handicapped persons, which
entrance shall be either ramped or at ground level.
(b)
On each floor open to the public, at least one water closet
shall be provided for each sex. In general, toilet facilities shall
be provided to accommodate wheelchair occupants, which facilities
shall include adequate stall door width, grab rails, sufficient space
and appropriate height.
(c)
A drinking fountain of suitable height and extension for wheelchair
occupants shall be provided on every floor open to the public.
(d)
In a multi-story building an elevator sufficient in size to
accommodate a wheelchair shall be provided.
(e)
At least one public telephone at a height accessible to wheelchair
occupants shall be provided.
3.
Parking Lot Design.
(a)
A minimum of 1% of the total number of parking spaces, but not
less than two parking spaces, shall be designed and designated for
physically handicapped persons. The spaces shall be most accessible
and approximate to the building or buildings which the parking spaces
serve.
(b)
Each space or group of spaces shall be identified with a clearly
visible sign displaying the international symbol of access along with
the following wording: "These spaces reserved for physically handicapped
drivers."
(c)
Each space shall be 12 feet wide to allow room for persons in
wheelchairs or on braces or crutches to get in and out of either side
of an automobile onto level, paved surface suitable for wheeling and
walking.
(d)
Where possible, such spaces shall be located so that persons
in wheelchairs or using braces or crutches are not compelled to wheel
or walk behind parked cars.
(e)
Where applicable, curb ramps shall be provided to permit handicapped
people access from parking area to sidewalk.
4.
Sidewalks. A sidewalk hereafter constructed or reconstructed on public
or private property for public use shall be constructed in a manner
that will facilitate use by physically handicapped persons. At points
of intersection between pedestrian and motorized lines of travel,
and at other points where necessary to avoid abrupt changes in grade,
a sidewalk shall slope gradually to street level so as to provide
an uninterrupted line of travel.
[Ord. No. 2-9-77 § 127-54]
a.
Before recording final subdivision plats or approving site plan plats,
the approving authority shall require that the applicant shall have
installed or shall have furnished performance guaranties for the installation
of on-tract improvements in accordance with Town specifications as
follows: streets, street signs, grading, pavement, curbs, gutters,
sidewalks, walkways, streetlighting, shade trees, water mains, fire
hydrants, culverts, storm sewers, sanitary sewers or other means of
sewage disposal, drainage structures, erosion control and sedimentation
control devices, public improvements of open space and surveyors'
monuments as required by the Map Filing Act, P.L. 1960, c. 141 (N.J.S.A.
46:23-9.9 et seq.).
b.
All such required improvements shall be certified by the Town Engineer
unless the applicant shall have filed a performance guaranty sufficient
in amount to cover the cost of all such improvements or uncompleted
portions thereof as estimated by the Town Engineer.
[Ord. No. 2-9-77 § 127-55]
a.
The performance guaranty shall be furnished in favor of the Town in an amount equal to 120% of the cost of installation for improvements it may deem necessary or appropriate as specified in subsection 36-13.1.
b.
The amount of any performance guaranty may be reduced by the Governing
Body, by resolution, when portions of the improvements have been certified
by the Town Engineer to have been completed. The time allowed for
installation of the improvements for which the performance guaranty
has been provided may be extended by the approving authority and the
Governing Body by resolution.
c.
If the required improvements are not completed or corrected in accordance
with the performance guaranty, the obligor and surety, if any, shall
be liable thereon to the Town for the reasonable cost of the improvements
not completed or corrected, and the Town may, either prior to or after
the receipt of the proceeds thereof, complete such improvements.
d.
When all of the required improvements have been completed, the obligor
shall notify the Governing Body, in writing, by certified mail addressed
in care of the Town Clerk, of the completion of the improvements and
shall send a copy thereof to the Town Engineer. Thereupon, the Town
Engineer shall inspect all of the improvements and shall file a detailed
report, in writing, with the Governing Body, indicating either approval,
partial approval or rejection of the improvements with a statement
of reasons for any rejection. If partial approval is indicated, the
cost of the improvements rejected shall be set forth.
e.
The Governing Body shall either approve, partially approve or reject
the improvements on the basis of the report of the Town Engineer with
the advice and consent of the approving authority and shall notify
the obligor, in writing, by certified mail, of the contents of the
report and the action of the approving authority with relation thereto,
not later than 65 days after receipt of the notice from the obligor
of the completion of the improvements. Where partial approval is granted,
the obligor shall be released from all liability pursuant to its performance
guaranty, except for that portion adequately sufficient to secure
provision of the improvements not yet approved. Failure of the Governing
Body to send or provide such notification to the obligor within 65
days shall be deemed to constitute approval of the improvements, and
the obligor and surety, if any, shall be released from all liability,
pursuant to such performance guaranty.
f.
If any portion of the required improvements are rejected, the approving
authority may require the obligor to complete such improvements, and,
upon completion, the same procedure of notification as set forth in
this section shall be followed.
g.
Nothing herein, however, shall be construed to limit the right of
the obligor to contest, by legal proceedings, any determination of
the Governing Body or the Town Engineer.
h.
The performance guaranty shall be approved by the Governing Body
as to form, sufficiency and execution. Such performance guaranty shall
run for a period to be fixed by the approving authority. However,
with the consent of the owner and the surety, if there is one, the
Governing Body may, by resolution, extend the term of such performance
guaranty for an additional period not to exceed one year.
[Ord. No. 2-9-77 § 127-56]
a.
Prior to the acceptance of any improvement herein, a maintenance
guaranty shall be furnished in favor of the Town of Kearny for a period
not exceeding two years after final acceptance of the improvement,
in an amount not to exceed 15% of the cost of the improvement.
b.
Simultaneously with the submission of a maintenance guaranty, the
applicant shall file with the Town as-built drawings accurately showing
the location, profile and size of all storm drains, catch basins,
sanitary sewers, water mains and all utility and service connections
constructed in the subdivision or site plan.
[Ord. No. 2-9-77 § 127-57]
In the event that other governmental agencies or public utilities
automatically will own the utilities to be installed or the improvements
are covered by a performance guaranty to another governmental agency,
no performance or maintenance guaranty, as the case may be, shall
be required by the Town for such utilities or improvements.
[Ord. No. 2-9-77 § 127-58]
[Ord. No. 2-9-77 § 127-59]
a.
Any subdivision or site plan requiring off-tract improvements, as
defined herein, shall comply with the provisions of this section.
b.
An off-tract improvement shall be one or more required improvements
which are necessary for the successful completion of a development
in the interest of furthering the public health, safety and general
welfare, and where the improvements are located off-tract.
c.
An off-tract improvement shall be required where either the existing
facilities serving the area or subarea are already operating at a
deficient level of service, or the inclusion of a new development
will make such present level of service deficient according to engineering
standards utilized in determining such levels of service.
d.
The proportionate contribution of any such off-tract improvement
to the applicant shall be reasonably related to the relative benefit
or use of the total area so served.
e.
Under the conditions of this chapter, off-tract improvements shall
be limited to new or improved water distribution, sanitary sewage
disposal and distribution and stormwater and drainage distribution
facilities and all necessary appurtenances thereto; utility easements
to new or improved street and right-of-way widths, traffic regulation
and control devices, intersection improvements, utility relocation
where not provided elsewhere and other traffic, circulation and safety
factors which are directly related to the property or properties in
question.
f.
Off-tract improvements shall not include the improvement costs for
an entire utility system or street system or major segment thereof,
including sewage treatment plants or water supply or treatment facilities
or other similar undertaking, unless the improvement is significantly
affected by the property or properties in question.
[Ord. No. 2-9-77 § 127-60]
a.
Each subdivision or site plan requiring approving authority action
shall be subject to a determination and findings as follows:
1.
That certain off-tract improvements are or are not necessary to implement
such subdivision or site plan.
2.
That, in instances where off-tract improvements are required, the
terms and conditions which shall be imposed upon the applicant shall
ensure the successful and reasonable implementation of same.
b.
Regulations governing off-tract improvements shall be based upon
circulation and comprehensive utility plans pursuant to the adopted
Master Plan by the Kearny Planning Board or adopted utility or circulation
plans of Kearny or other governmental or utility authority.
c.
In the event that the approving authority determines that one or
more improvements constitute an off-tract improvement, the approving
authority, by resolution, shall notify the Governing Body of same,
specifying the authority's recommendation relative to the estimated
cost of same, the owner or the developer's pro-rata share of the cost
and possible methods or means to implement same, including but not
limited to performance guaranties, cash contributions, development
agreements and other forms of surety.
d.
Where an applicant pays the amount determined as the pro-rata share
under protest, he shall institute legal action within one year of
such payment in order to preserve the right to a judicial determination
as to the fairness and reasonableness of such amount.
e.
The approving authority shall not take any final action on a preliminary
subdivision or site plan until all aspects of such conditions have
been mutually agreed to by both the applicant and the Governing Body,
and a written resolution to that effect by the Governing Body has
been transmitted to the approving authority.
[Ord. No. 2-9-77 § 127-61]
a.
Performance and Maintenance Guaranties. Where a performance of maintenance guaranty or other surety is required in connection with an off-tract improvement, the applicant shall be required to follow the same procedure and requirements as specified in Section 36-13.
b.
Development Agreement. Where a development agreement is required governing off-tract improvements or other conditions as may be required by this chapter or by the approving authority, the agreement shall be in accordance with subsections 36-6.3e and 36-9.7b.4. The agreement may specify the amount of cash contributions, if any, the method of payment and the obligation or obligations to be undertaken by the Town of Kearny.
c.
Cash Contributions.
1.
When Not Required. Cash contributions for off-tract improvements
shall not be required under the following terms or conditions:
(a)
Where other County or State agencies or utility authorities
have jurisdiction over the subject improvement and require a cash
contribution, guaranty or other surety of the applicant in lieu of
such conditions imposed by Kearny; or
(b)
Where a benefit assessment or other similar tax levy is imposed
upon the applicant and other landowners similarly situated within
a designated service area for the off-tract improvements provided;
or
(c)
Where the applicant, where legally permissive, can undertake
the improvements in lieu of the municipality subject to standards
and other conditions as may be imposed by Kearny.
2.
Methods of Payment.
(a)
Where a cash contribution is required, the contribution will
be deposited with the Town Treasurer of the Town of Kearny with transmittal
letters forwarded to the Governing Body, the Town Engineer and the
approving authority.
(b)
Any and all moneys received by the Town Treasurer shall be deposited
in an escrow account for the purpose of undertaking the improvements
specified. Where such improvements are not undertaken or initiated
for a period of 10 years, the funds shall be returned to the owner
of record of the properties, provided that the conditions specified
in paragraph c.1 have not been imposed. Where such condition does
exist, funds held in escrow will be returned as soon as practical
to the owner of record of the properties.
[Ord. No. 2-9-77 § 127-62]
Where a cash contribution or other financial distribution is
determined, the following criteria shall be utilized in determining
the proportionate share of such improvement to the applicant.
a.
Street widening, alignment, corrections, channelization of intersections,
construction of barriers, new or improved traffic signalization, signs,
curbs, sidewalks, trees, utility improvements not covered elsewhere,
the construction of new streets and other similar street or traffic
improvements: The applicant's proportionate cost shall be in the ratio
of the estimated peak-hour traffic generated by the proposed property
or properties to the sum of the present deficiency in peak-hour traffic
capacity of the present facility and the estimated peak-hour traffic
generated by the proposed development. The ratio thus calculated shall
be increased by 10% for contingencies.
b.
Water distribution facilities, including the installation of new
water mains, the extension of existing water mains, the relocation
of such facilities and the installation of other appurtenances associated
therewith: The applicant's proportionate cost shall be in the ratio
of the estimated daily use of water from the property or properties,
in gallons per day, for the existing system or subsystem and the estimated
daily use of water for the proposed development. The ratio thus calculated
shall be increased by 10% for contingencies.
c.
Sanitary sewage distribution facilities, including the installation,
relocation or replacement of collector and interceptor sewers and
the installation, relocation or replacement of other appurtenances
associated therewith: The applicant's proportionate cost shall be
in the ratio of the estimated daily flow, in gallons, to the sum of
the present deficient capacity for the existing system or subsystem
and the estimated daily flow from the proposed project or development.
In the case where the peak flow from the proposed development may
occur during the peak flow period for the existing system, the ratio
shall be the estimated peak flow rate from the proposed development,
in gallons per minute, to the sum of the present peak flow deficiency
in the existing system or subsystem and the estimated peak flow rate
from the proposed development. The greater of the two ratios thus
calculated shall be increased by 10% for contingencies and shall be
the ratio used to determine the cost to the applicant.
d.
Stormwater and drainage improvements, including the installation,
relocation or replacement of transmission lines, culverts and catch
basins, and the installation, relocation or replacement of other appurtenances
associated therewith: The applicant's proportionate cost shall be
in the ratio of the estimated peak surface runoff as proposed to be
delivered into the existing system, measured in cubic feet per second,
to the sum of the existing peak-hour flow, in cubic feet per second,
deficient for the existing system and the estimated flow as proposed
to be delivered. The ratio thus calculated shall be increased by 10%
for contingencies.
[Ord. No. 2-9-77 § 127-63]
a.
Under the provisions of this chapter and State statutes, the Town
of Kearny, other governmental agencies, the Board of Education and
State, County and other public bodies can be designated to maintain
and accept public open space for recreational or conservational use.
These public agencies can accept and maintain such open space, provided
that the dedication is not conditioned upon the same being made available
to public use.
b.
Where a subdivision or site plan indicates an area is to be utilized
for open space, this chapter shall require that the applicant provide
for an organization for the ownership and maintenance of the open
space for the benefit of owners or residents of the development, if
the open space is not dedicated to the municipality or other governmental
agency. Such organization shall not be dissolved and shall not dispose
of any open space, by sale or otherwise, except to an organization
conceived and established to own and maintain the open space for the
benefit of such development, and thereafter such organization shall
not be dissolved or dispose of any of its open space without first
offering to dedicate the same to the Town of Kearny wherein the land
is located.
c.
In the event that such organization shall fail to retain the open
space in reasonable order and condition, the administrative officer
designated by resolution to administer this section may serve written
notice upon the owners of the development setting forth the manner
in which the organization has failed to maintain the open space in
reasonable condition, and the notice shall include a demand that such
deficiencies of maintenance be cured within 35 days thereof and shall
state the date and place of a hearing thereon, which shall be held
within 15 days of the notice. At such hearing, the designated municipal
body or administrative officer may modify the terms of the original
notice as to deficiencies and may give a reasonable extension of time
not to exceed 65 days within which they may be cured. If the deficiencies
set forth in the original notice or in the modification thereof shall
not be cured within 35 days or any permitted extension thereof, the
Town, in order to preserve the open space and maintain the same for
a period of one year, may enter upon and maintain such land. The entry
and maintenance shall not vest in the public any rights to use the
open space except when the same is voluntarily dedicated to the public
by the owners. Before the expiration of the year, the designated Town
Body or officer, as the case may be, shall, upon its initiative or
upon the request of the organization theretofore responsible for the
maintenance of the open space, call a public hearing, upon 15 days'
written notice to such organization and to the owners of the development,
to be held by such Town Body or officer, at which hearing such organization
and the owners of the development shall show cause why such maintenance
by the Town shall not, at the election of the Town, continue for a
succeeding year. If the designated Town Body or officer shall determine
that such organization is ready and able to maintain the open space
in reasonable condition, the Town shall cease to maintain the open
space at the end of the year. If the Town Body or officer shall determine
that such organization is not ready and able to maintain the open
space in reasonable condition, the Town may, in its discretion, continue
to maintain the open space during the next succeeding year, subject
to a similar hearing and determination in each year thereafter. The
decision of the Town Body or officer in any case shall constitute
a final administrative decision subject to judicial review.
d.
If a municipal body or officer is not designated by resolution to
administer this section, the Governing Body shall have the same powers
and be subject to the same restrictions as provided in this section.
e.
The cost of such maintenance by the Town shall be assessed pro rata
against the properties within the development that have a right of
enjoyment of the open space in accordance with assessed value at the
time of imposition of the lien, and shall become a lien and tax on
the properties and be added to and be a part of the taxes to be levied
and assessed thereon and shall be enforced and collected, with interest,
by the same officers and in the same manner as other taxes.
[Ord. No. 2-9-77 § 127-64]
a.
Applicability.
1.
If the Master Plan of Kearny or the Official Map of the Town provides
for the reservation of designated streets, public drainageways, flood
control basins or public areas within the proposed development, before
approving a subdivision or site plan, the approving authority may
further require that such streets, ways, basins or areas be shown
on the plat in locations and sizes suitable to their intended uses.
The approving authority may reserve the location and extent of such
streets, ways, basins or areas shown on the plat for a period of one
year after the approval of the final plat or within such further time
as may be agreed to by the developer.
2.
Unless during such period or extension thereof the government entity
having jurisdiction shall have entered into a contract to purchase
or institute condemnation proceedings according to law for the fee
or a lesser interest in the land comprising such streets, ways, basins
or areas, the applicant shall not be bound by such reservations shown
on the plat and may proceed to use such land for private use in accordance
with applicable development regulations. The provisions of this section
shall not apply to the streets and roadways, flood control basins
or public drainageways necessitated by the subdivision or land development
and required for final approval.
b.
Compensation to Applicant. The applicant shall be entitled to just
compensation for actual loss found to be caused by such temporary
reservation and deprivation of use. In such instances, unless a lesser
amount has previously been mutually agreed upon, just compensation
shall be deemed to be fair market value of an option to purchase the
land reserved for the period of reservation, provided that determination
of such fair market value shall include but not be limited to consideration
of real property taxes apportioned to the land reserved and prorated
for the period of reservation. The applicant shall be compensated
for the reasonable increased cost of legal, engineering or other professional
services incurred in connection with obtaining subdivision or site
plan approval caused by the resolution.
c.
Procedure for payment: to be determined by the Governing Body.
[Ord. No. 2-9-77 § 127-65; Ord. No. 12-13-89]
a.
Any interested party may appeal to the Governing Body the affirmative
decision of the Board of Adjustment approving an application pursuant
to N.J.S.A. 40:55D-70d with a simultaneous application for a major
or minor subdivision or site plan approval. Such appeal shall be made
within 10 days of the date of publication of such final decision as
provided by law. The appeal to the Governing Body shall be made by
serving the Town Clerk, in person or by certified mail, with a notice
of appeal specifying the grounds thereof, the name and address of
the appellant and the name and address of the attorney, if represented.
Such appeal shall be decided by the Governing Body only upon the record
established before the approving authority.
b.
Notice of the Meeting. Notice of the meeting to review the record
below shall be given by the Governing Body by personal service or
certified mail to the appellant, to those entitled to notice of a
decision and to the approving authority at least 10 days prior to
the date of the meeting. The parties may submit oral and written argument
on the record at such meeting, and the Governing Body shall provide
for verbatim recording and transcripts of such meeting.
c.
Decision by Governing Body. In accordance with N.J.S.A. 40:55D-17C
the Governing Body shall conclude a review of the record below not
later than 95 days from the date of publication of notice of the decision
below pursuant to N.J.S.A. 40:55D-10 unless the applicant consents
in writing to an extension of such period. Failure of the Governing
Body to hold a hearing and conclude a review of the record below and
to render a decision within such specified period shall constitute
a decision affirming the action of the Board.
d.
Action of Governing Body. The Governing Body may reserve, remand
or affirm, wholly or in part, or modify the final decision of the
approving authority. The affirmative vote of a majority of the full
authorized membership of the Governing Body shall be necessary to
reverse, remand or modify any final action of either Board.
e.
Appeal Stays all Proceedings. An appeal to the Governing Body shall
stay all proceedings in furtherance of the action in respect to which
the decision appealed from was made unless the approving authority
certifies to the Governing Body, after the notice of appeal shall
have been filed with the approving authority, that by reasons of fact
stated in the certificate a stay would, in its opinion, cause imminent
peril to life or property. In such case, proceedings shall not be
stayed other than by an order of the Superior Court with notice to
the approving authority from whom the appeal is taken and on good
cause shown.
f.
Copy of Decision; Notice. The Governing Body shall mail a copy of
the decision to the appellant or, if represented, to his attorney,
without separate charge, and for a charge of $0.25 per page to any
interested party who requested it, not later than 10 days after the
date of the decision. A brief notice of the decision shall be published
in the official newspaper of Kearny. Such publication shall be arranged
by the appellant. The period of time in which an appeal to a court
of competent jurisdiction may be made shall run from the date of the
first publication by the appellant.
[Ord. No. 2-9-77 § 127-66]
a.
Premature Sale. If, before final subdivision approval has been granted,
any person transfers or sells or agrees to transfer or sell, except
pursuant to an agreement expressly conditioned on final subdivision
approval, as owner or agent, any land which forms a part of a subdivision
for which Town approval is required, such person shall be subject
to a penalty of $500. Each lot disposition shall be deemed a separate
violation.
c.
Effect on Transferee, Purchaser or Grantee. In any such action, the
transferee, purchaser or grantee is entitled to a lien upon the portion
of the land from which the subdivision was made that remains in the
possession of the developer or his assigns or successors to secure
the return of any deposits made or purchase price paid and, also,
to a reasonable search fee, survey expense and title closing expense,
if any. Any such action must be brought within two years after the
date of the recording of the instrument of transfer, sale or conveyance
of the land or within six years, if unrecorded.
d.
Other Penalties. Any person, firm or corporation violating any of
the provisions of this chapter shall, upon conviction, be punished
by a fine not to exceed $500 for each offense. Each day that a violation
occurs or is committed shall constitute a separate offense.
[Ord. No. 2-9-77 § 127-67]
All amendments of this chapter shall be adopted in accordance
with the provisions of New Jersey law.
[Ord. No. 2-9-77 § 127-68]
In the interpretation and the application of the provisions
of this chapter, they shall be held to be the minimum requirements
for the promotion of the health, safety, morals and general welfare.
It is not intended to interfere with or abrogate or annul other rules,
regulations or ordinances, provided that where this chapter imposed
greater restrictions, the provisions of this chapter shall apply.
[Ord. No. 2005-(O)-30 § 1; 3-9-2021 by Ord. No. 2021-8]
a.
Policy Statement. Flood control, groundwater recharge, and pollutant
reduction 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 GMPs 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. It is the purpose of this section to establish minimum stormwater management requirements and controls for major developments as defined in § 36-18.2.
c.
d.
Compatibility with Other Permit and Ordinance Requirements. Development
approvals issued for subdivisions and site plans pursuant to this
section are to be considered an integral part of development approvals
under the subdivision and site plan review process and does not relieve
the applicant of the responsibility to secure required permits or
approvals for activities regulated by any other applicable code, rule,
act, or ordinance. In their interpretation and application, the provisions
of this section shall be held to be the minimum requirements for the
promotion of the public health, safety, and general welfare. This
section is not intended to interfere with, abrogate, or annul any
other ordinances, rule or regulation, statute, or other provision
of law except that, where any provision of this section imposes restrictions
different from those imposed by any other ordinance, rule or regulation,
or other provision of law, the more restrictive provisions or higher
standards shall control.
[Ord. No. 2005-(O)-30 § 2; 3-9-2021 by Ord. No. 2021-8]
For the purpose of this section, the following terms, phrases,
words and their derivations shall have the same meanings stated herein
unless their use in the text of this chapter 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 definitions below are the same
as or based on the corresponding definitions in the Stormwater Management
Rules at N.J.A.C. 7:8-1.2.
Those areas with boundaries incorporated by reference or
revised by the Department in accordance with N.J.A.C. 7:7-13.16.
The map used by the Department to identify the location of
Coastal Planning Areas, CAFRA Centers, CAFRA Cores, and CAFRA Nodes.
The CAFRA Planning Map is available on the Department's geographic
information system (GIS).
An infiltration system, sand filter designed to infiltrate,
standard constructed wetland, or wet pond, established in accordance
with N.J.A.C. 7:8-4.2(c)14, that is designed and constructed in accordance
with the New Jersey Stormwater Best Management Practices Manual, or
an alternate design, approved in accordance with N.J.A.C. 7:8-5.2(g),
for an infiltration system, sand filter designed to infiltrate, standard
constructed wetland, or wet pond and that complies with the requirements
of this chapter.
The increase in soil bulk density.
The area from which stormwater runoff drains to a stormwater
management measure, not including the area of the stormwater management
measure itself.
A pedestrian-oriented area of commercial and civic uses serving
the surrounding municipality, generally including housing and access
to public transportation.
An agency designate by the County Board of Chosen Freeholders
to review municipal stormwater management plans and implementing ordinance(s).
The county review agency may either be:
The New Jersey Department of Environmental Protection.
A person professionally qualified and duly licensed in New
Jersey to perform engineering services that may include, but not necessarily
be limited to, development of project requirements, creation and development
of project design and preparation of drawings and specifications.
A State Development and Redevelopment Plan Center as designated
by the State Planning Commission such as urban, regional, Town, village,
or hamlet.
The division of a parcel of land into two or more parcels,
the construction, reconstruction, conversion, structural alteration,
relocation or enlargement of any building or structure, any mining
excavation or landfill, and any use or change in the use of any building
or other structure, or land or extension of use of land, by any person,
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 agriculture
lands, development means: any activity that requires a state permit;
any activity reviewed by the County Agricultural Board (CAB) and the
State Agricultural Development Committee (SADC), and municipal review
of any activity not exempted by the Right to Farm Act, N.J.S.A. 4:1C-1
et seq.
The placement or reconstruction of impervious surface or
motor vehicle surface, or exposure and/or movement of soil or bedrock
or clearing, cutting, or removing of vegetation. Milling and repaving
is not considered disturbance for the purposes of this definition.
A geographic area within which stormwater, sediments, or
dissolved materials drain to a particular receiving water body or
to a particular point along a receiving water body.
Neighborhoods designated by the Urban Coordinating Council
in consultation and conjunction with the New Jersey Redevelopment
Authority pursuant to N.J.S.A. 55:19-69.
The following areas where the physical alteration of the
land is in some way restricted, either through regulation, easement,
deed restriction or ownership, such as wetlands, floodplains, threatened
and endangered species sites or designated habitats, and parks and
preserves. Habitats of endangered or threatened species are identified
using the Department's Landscape Project as approved by the Department's
Endangered and Nongame Species Program.
An area or feature which is of significant environmental
value, including but not limited to stream corridors; natural heritage
priority sites; habitat of endangered or threatened species; large
areas of contiguous open space or upland forest; steep slopes; and
wellhead protection and groundwater recharge areas. Habitats of endangered
or threatened species are identified using the Department's Landscapes
Project as approved by the Department's Endangered and Nongame
Species Program.
The detachment and movement of soil or rock fragments by
water, wind, ice or gravity.
A stormwater management measure that manages stormwater close
to its source by:
An area within which water drains to a particular receiving
surface water body, also known as a "subwatershed," which is identified
by a fourteen-digit hydrologic unit boundary designation, delineated
within New Jersey by the United States Geological Survey.
A surface that has been covered with a layer of material
so that is highly resistant to infiltration by water.
The process by which water seeps into the soil from precipitation.
One or more public entities having stormwater management
planning authority designated by the regional stormwater management
planning committee pursuant to N.J.A.C. 7:8-3.2, that serves as the
primary representative of the committee.
Any development as well as multiple developments that individually
or collectively result in:
The disturbance of one or more acres of land since February
2, 2004;
The creation of 1/4 acre or more of regulated impervious surface
since February 2, 2004;
The creation of 1/4 acre or more of regulated motor vehicle
surface since March 2, 2021; or
A combination of Subsection a2 and 3 above that totals an area
of 1/4 acre or more. The same surface shall not be counted twice when
determining if the combination area equals 1/4 acre or more.
Major development includes all developments that are part of
a common plan of development or sale (for example, phased residential
development) that collectively or individually meet any one or more
of Subsection a1, 2, 3, or 4 above. Projects undertaken by any government
agency that otherwise meet the definition of "major development" but
which do not require approval under the Municipal Land Use Law, N.J.S.A.
40:55D-1 et seq., are also considered major development.
Land vehicles propelled other than by muscular power, such
as automobiles, motorcycles, autocycles, and low-speed vehicles. For
the purposes of this definition, motor vehicle does not include farm
equipment, snowmobiles, all-terrain vehicles, motorized wheelchairs,
go-carts, gas buggies, golf carts, ski-slope-grooming machines, or
vehicles that run only on rails or tracks.
Any pervious or impervious surface that is intended to be
used by motor vehicles and/or aircraft, and is directly exposed to
precipitation including, but not limited to, driveways, parking areas,
parking garages, roads, racetracks, and runways.
Any city, borough, Town, township or village.
To the manual maintained by the Department providing, in part, design specifications, removal rates, calculation methods, and soil tasting procedures approved by the Department as being capable of contributing to the achievement of the stormwater management standards specified in this chapter. The BMP Manual is periodically amended by the Department as necessary to provide design specifications on additional best management practices and new information on already included practices reflecting the best available current information regarding the particular practice and the Department's determination as to the ability of that best management practice to contribute 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 § 36-18.4f of this section and N.J.A.C. 7:8-5.2(g), that the proposed measure and its design will contribute to achievement of the design and performance standards established by this chapter.
An area designated by the State Planning Commission concentrating
facilities and activities which are not organized in a compact form.
A chemical element or compound, such as nitrogen or phosphorus,
which is essential to and promotes the development of organisms.
Any individual, corporation, company, partnership, firm,
association, the Town of Kearny, or political subdivision of this
state subject to municipal jurisdiction pursuant to the Municipal
Land Use Law, N.J.S.A. 40:55D-1 et seq.
Any dredged spoil, solid waste, incinerator residue, filter
backwash, sewage, garbage, refuse, oil, grease, sewage sludge, munitions,
chemical wastes, biological materials, medical wastes, radioactive
substance [except those regulated under the Atomic Energy Act of 1954,
as amended (42 U.S.C. § 2011 et seq.)], thermal waste, wrecked
or discarded equipment, rock, sand, cellar dirt, industrial, municipal,
agricultural, and construction waste or runoff, or other residue discharged
directly or indirectly to the land, groundwaters or surface waters
of the state, or to a domestic treatment works. "Pollutant" includes
both hazardous and nonhazardous pollutants.
The amount of water from precipitation that infiltrates into
the ground and is not evapotranspired.
Any of the following, alone or in combination:
A net increase of impervious surface;
The total area of impervious surface collected by a new stormwater
conveyance system (for the purpose of this definition, a "new stormwater
conveyance system" is a stormwater conveyance system that is constructed
where one did not exist immediately prior to its construction or an
existing system for which a new discharge location is created);
The total area of impervious surface proposed to be newly collected
by an existing stormwater conveyance system; and/or
The total area of impervious surface collected by an existing
stormwater conveyance system where the capacity of that conveyance
system is increased.
Any of the following, alone or in combination:
The total area of motor vehicle surface that is currently receiving
water;
A net increase in motor vehicle surface; and/or quality treatment
either by vegetation or oil, by an existing stormwater management
measure, or by treatment at a wastewater treatment plant, where the
water quality treatment will be modified or removed.
Solid material, mineral or organic, that is in suspension,
is being transported, or has been moved from its site of origin by
air, water or gravity as a product of erosion.
That lot or lots upon which a major development is to occur
or has occurred.
All unconsolidated mineral and organic material of any origin.
An area delineated on the State Plan Policy Map and adopted
by the State Planning Commission that is intended to be the focus
for much of the state's future redevelopment and revitalization
efforts.
The geographic application of the State Development and Redevelopment
Plan's goals and statewide policies, and the official map of
these goals and policies.
Water resulting from precipitation (including rain and snow)
that runs off the land's surface, is transmitted to the subsurface,
or is captured by separate storm sewers or other sewage or drainage
facilities, or conveyed by snow removal equipment.
An excavation or embankment and related areas designed to
retain stormwater runoff. A stormwater management BMP may either be
normally dry (that is, a detention basin or infiltration basin), retain
water in a permanent pool (a retention basin) or be planted mainly
with wetland vegetation (most constructed stormwater wetlands).
Any structural or nonstructural strategy, practice, technology,
process, program, or other method intended to control or reduce stormwater
or to eliminate illicit or illegal nonstormwater discharges into stormwater
conveyances.
A public body authorized by legislation to prepare stormwater
management plans.
The geographic area for which a stormwater management planning
agency is authorized to prepare stormwater management plans, or specific
portion of that area identified in a stormwater management plan prepared
by that agency.
Waterflow on the surface of the ground or in storm sewers,
resulting from precipitation.
A flood hazard area in which the flood elevation resulting
from the two-, ten-, or 100-year storm, as applicable is governed
by tidal flooding from the Atlantic Ocean. Flooding in a tidal flood
hazard area may be contributed to, or influenced by, stormwater runoff
from inland areas, but the depth of flooding generated by the tidal
rise and fall of the Atlandtic Ocean is greater than flooding from
fluvial sources. In some situations, depending upon the extent of
the storm surge from a particular storm event, a flood hazard area
may be tidal in the 100-year storm, but fluvial in more frequent storm
events.
A neighborhood given priority access to state resources through
the New Jersey Redevelopment Authority.
A zone designated by the New Jersey Enterprise Zone Authority
pursuant to the New Jersey Enterprise Urban Zones Act, N.J.S.A. 52:27H60
et seq.
Previously developed portions of areas:
A structure within, or adjacent to, a water, which intentionally
or coincidentally alters the hydraulic capacity, the flood elevation
resulting from the two-, ten-, or 100-year storm, flood hazard area
limit, and/or floodway limit of the water. Examples of a water control
structure may include a bridge, culvert, dam, embankment, ford (if
above grade), retaining wall, and weir.
The ocean and its estuaries, all springs, streams, wetlands,
and bodies of surface or ground water, whether natural or artificial,
within the boundaries of the State of New Jersey or subject to its
jurisdiction.
An area that is inundated or saturated by surface water or
groundwater at a frequency and duration sufficient to support, and
that under normal circumstances does support, a prevalence of vegetation
typically adapted for life in saturated soil conditions, commonly
known as "hydrolytic vegetation."
[Ord. No. 2005-(O)-30 § 3; 3-9-2021 by Ord. No. 2021-8]
a.
Design and Performance Standards for Stormwater Management Measures.
1.
Stormwater management measures for major development shall be developed
to meet the erosion control, groundwater recharge, stormwater runoff
quantity control, and stormwater runoff quality treatment as follows:
(a)
The minimum standards for erosion control are those established
under the Soil Erosion and Sediment Control Act, N.J.S.A. 4:24-39
et seq., and implementing rules at N.J.A.C. 2:90.
(b)
The minimum standards for groundwater recharge, stormwater quality,
and stormwater runoff quantity shall be met by incorporating green
infrastructure.
2.
The standards in this section apply only to new major development
and are intended to minimize the impact of stormwater runoff on water
quality and water quantity in receiving water bodies and maintain
groundwater recharge. The standards do not apply to new major development
to the extent that alternative design and performance standards are
applicable under a regional stormwater management plan or water quality
management plan adopted in accordance with Department rules.
[Ord. No. 2005-(O)-30 § 4; Ord. No. 2006-(O)-64 § 1; 3-9-2021 by Ord. No. 2021-8]
a.
The development shall incorporate a maintenance plan for the stormwater management measures incorporated into the design of a major development in accordance with § 36-18.10.
b.
Stormwater management measures shall avoid adverse impacts of concentrated
flow on habitat for threatened and endangered species as documented
in the Department Landscape Project or Natural Heritage Database established
under N.J.S.A. 13:1B-15.147 through 13:1B-15.150 particularly Helonias
bullata (swamp pink) and/or Clemmys muhlenbergi (bog turtle).
c.
The following linear development projects are exempt from the groundwater recharge, stormwater runoff quantity, and stormwater runoff quality requirements of § 36-18.4f and g.
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 maximum width of 14 feet, provided that the access is
made of permeable material.
d.
A waiver from strict compliance from the groundwater recharge, stormwater runoff quantity, and stormwater runoff quality requirements of § 36-18.4f and g 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 Subsection d3 above within the upstream drainage area of the receiving stream that would provide additional opportunities to mitigate the requirements of § 36-18.4f and g that were not achievable on-site.
e.
Tables 1 through 3 below summarize the ability of stormwater best management practices identified and described in the New Jersey Stormwater Best Management Practices Manual to satisfy the green infrastructure, groundwater recharge, stormwater runoff quality and stormwater runoff quantity standards specified in § 36-18.4. 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 and 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.
|
Table 1
Green Infrastructure BMPs for Groundwater Recharge, Stormwater
Runoff Quality, and/or Stormwater Quantity
| ||||
|---|---|---|---|---|
|
Best Management Practice
|
Stormwater Runoff Quality TSS Removal Rate
|
Stormwater Runoff Quantity
|
Groundwater Recharge
|
Minimum Separation From Seasonal High Water Table
(feet)
|
|
Cistern
|
0%
|
Yes
|
No
|
N/A
|
|
Dry well
|
0%
|
No
|
Yes
|
2
|
|
Grass swale
|
50% or less
|
No
|
No
|
2; 1
|
|
Green roof
|
0%
|
Yes
|
No
|
N/A
|
|
Manufactured treatment device
|
50% or 80%
|
No
|
No
|
Dependent upon the device
|
|
Pervious paving system
|
80%
|
Yes
|
Yes
No
|
2
1
|
|
Small-scale bioretention basin
|
80% or 90%
|
Yes
|
Yes
No
|
2
1
|
|
Small-scale infiltration basin
|
80%
|
Yes
|
Yes
|
2
|
|
Small-scale sand filter
|
80%
|
Yes
|
Yes
|
2
|
|
Vegetative filter strip
|
60% to 80%
|
No
|
No
|
N/A
|
|
Table 2
Green Infrastructure BMPs for Stormwater Quantity (or for Groundwater
Recharge and/or Stormwater Runoff Quality With a Waiver or Variance
From N.J.A.C. 7:8-5.3)
| ||||
|---|---|---|---|---|
|
Best Management Practice
|
Stormwater Runoff Quality TSS Removal Rate
|
Stormwater Runoff Quantity
|
Groundwater Recharge
|
Minimum Separation From Seasonal High Water Table
(feet)
|
|
Bioretention system
|
80% or 90%
|
Yes
|
Yes
No
|
2
1
|
|
Infiltration basin
|
80%
|
Yes
|
Yes
|
2
|
|
Sand filter
|
80%
|
Yes
|
Yes
|
2
|
|
Standard constructed wetland
|
90%
|
Yes
|
No
|
N/A
|
|
Wet pond
|
50% to 90%
|
Yes
|
No
|
N/A
|
|
Table 3
BMPs for Groundwater Recharge, Stormwater Runoff Quality, and/or
Stormwater Runoff Quantity Only With a Waiver or Variance From N.J.A.C.
7:8-5.3
| ||||
|---|---|---|---|---|
|
Best Management Practice
|
Stormwater Runoff Quality TSS Removal Rate
|
Stormwater Runoff Quantity
|
Groundwater Recharge
|
Minimum Separation froM Seasonal High Water Table
(feet)
|
|
Blue roof
|
0%
|
Yes
|
No
|
N/A
|
|
Extended detention basin
|
40% to 60%
|
Yes
|
No
|
1
|
|
Manufactured treatment device
|
50% or 80%
|
No
|
No
|
Dependent upon the device
|
|
Sand filter
|
80%
|
Yes
|
No
|
1
|
|
Subsurface gravel wetland
|
90%
|
No
|
No
|
1
|
|
Wet pond
|
50% to 90%
|
Yes
|
No
|
N/A
|
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 § 36-18.6b. Alternative stormwater management measures may be used to satisfy the requirements at § 36-18.6o only if the measures meet the definition of green infrastructure at § 36-18.2. Alternative stormwater management measures that function in a similar manner to a BMP listed at § 36-18.2o are subject to the contributory drainage area limitation specified at § 36-18.2o 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 § 36-18.2o 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 § 36-18.4d is granted from § 36-18.4o.
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 watertable, so as to cause surficial
ponding, flooding of basements, or interference with the proper operation
of subsurface sewage disposal systems or other subsurface structures
within the zone of influence of the groundwater mound, or interference
with the proper functioning of the stormwater management measure itself.
i.
Design standards for stormwater management measures are as follows:
1.
Stormwater management measures shall be designed to take into account
the existing site conditions, including, but not limited to, environmentally
critical areas; wetlands; flood-prone areas; slopes; depth to seasonal
high water table; soil type, permeability, and texture; drainage area
and drainage patterns; and the presence of solution-prone carbonate
rocks (limestone);
2.
Stormwater management measures shall be designed to minimize maintenance,
facilitate maintenance and repairs, and ensure proper functioning.
Trash racks shall be installed at the intake to the outlet structure,
as appropriate, and shall have parallel bars with one-inch spacing
between the bars to the elevation of the water quality design storm.
For elevations higher than the water quality design storm, the parallel
bars at the outlet structure shall be spaced no greater than 1/3 the
width of the diameter of the orifice or 1/3 the width of the weir,
with a minimum spacing between bars of one inch and a maximum spacing
between bars of six inches. In addition, the design of trash racks
must comply with the requirements of 36-18.8c;
3.
Stormwater management measures shall be designed, constructed, and
installed to be strong, durable, and corrosion-resistant. Measures
that are consistent with the relevant portions of the Residential
Site Improvement Standards at N.J.A.C. 5:21-7.3, 5:21-7.4, and 5:21-7.5
shall be deemed to meet this requirement;
4.
Stormwater management BMPs shall be designed to meet the minimum safety standards for stormwater management BMPs at § 36-18.8; and
5.
The size of the orifice at the intake to the outlet from the stormwater
management BMP shall be minimum of 2 1/2 inches in diameter.
j.
Manufactured treatment devices may be used to meet the requirements of this section, 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 § 36-18.2 may be used only under the circumstances described at § 36-18.4o4.
k.
Any application for a new agricultural development that meets the definition of major development at § 36-18.2 shall be submitted to the Soil Conservation District for review and approval in accordance with the requirements at § 36-18.4o, 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 § 36-18.4p, q, and r shall be met in each drainage area, unless the drainage areas converge on-site 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 Hudson County Clerk. A form of deed notice shall be submitted to the municipality for approval prior to filing. The deed notice shall contain a description of the stormwater management measure(s) used to meet the green infrastructure, the groundwater recharge, stormwater runoff quality, and stormwater quantity standards at § 36-18.4o, p, q, and r 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 § 36-18.10b5. Prior to the commencement of construction, proof that the above-required deed notice has been filed shall be submitted to the municipality. Proof that the required information has been recorded on the deed shall be in the form of either a copy of the complete recorded document or a receipt from the clerk or other proof 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 of replacement meets the design and performance standards pursuant to § 36-18.4 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 Hudson County Clerk and shall contain a description and location of the stormwater management measure, as well as reference to the maintenance plan, in accordance with Subsection m above. Prior to the commencement of construction, proof that the above-requested deed notice has been filed shall be submitted to the municipality in accordance with Subsection m above.
o.
Green Infrastructure Standards.
1.
This subsection specifies the types of green infrastructure BMPs
that may be used to satisfy the groundwater recharge, stormwater runoff
quality, and stormwater runoff quantity standards.
2.
To satisfy the groundwater recharge and stormwater runoff quality standards at § 36-18.4p and q, the design engineer shall utilize green infrastructure BMPs identified in Table 1 at § 36-18.4f and/or an alternative stormwater management measure approved in accordance with § 36-18.4g. 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
|
3.
To satisfy the stormwater runoff quantity standards at § 36-18.4r, the design engineer shall utilize the BMPs from Table 1 or from Table 2 and/or an alternative stormwater management measure approved in accordance with § 36-18.4g.
4.
If a variance in accordance with N.J.A.C. 7:8-4.6 or a waiver from strict compliance in accordance with § 36-18.4d 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 § 36-18.4g may be used to meet the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at § 36-18.4p, 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, each project shall fully comply with the applicable groundwater recharge, stormwater runoff quality control, and stormwater runoff quantity standards at § 36-18.4p, q and r, unless the project is granted a waiver from strict compliance in accordance with § 36-18.4d.
p.
Erosion Control, Groundwater Recharge and Runoff Quantity Standards.
1.
This subsection contains minimum design and performance standards
to control erosion, encourage and control infiltration and groundwater
recharge, and control stormwater runoff quantity impacts of major
developments.
(a)
The minimum design and performance standards for erosion control
are those established under the Soil Erosion and Sediment Control
Act, N.J.S.A. 4:24-39 et seq. and implementing rules.
(b)
The minimum design and performances
standards for groundwater recharge are as follows:
(1)
The design engineer shall, using the assumptions and factors for stormwater runoff and groundwater recharge calculations at § 36-18.5 either:
(i)
Demonstrate through hydrologic and hydraulic analysis
that the site and its stormwater management measures maintain 100%
of the average annual preconstruction groundwater recharge volume
for the site; or
(ii)
Demonstrate through hydrologic and hydraulic analysis
that the increase of stormwater runoff volume from preconstruction
to post-construction for the two-year storm is infiltrated.
(2)
This groundwater recharge requirement does not apply to projects within the urban redevelopment area, or to projects subject to Subsection p1(b)(3) below.
(3)
The following types of stormwater shall not be recharged:
(i)
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
or toxic materials, such as gas stations and vehicle maintenance facilities;
and
(ii)
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.
(4)
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 superficial ponding, flooding of basements, or interference
with the proper operation of subsurface sewerage disposal systems
and other subsurface structures in the vicinity or downgradient of
the groundwater recharge area.
(c)
In order to control stormwater runoff quantity impacts, the design engineer shall, using the assumptions and factors for stormwater runoff calculations at § 36-18.5, complete one of the following:
(1)
Demonstrate through hydrologic and hydraulic analysis that for
stormwater leaving the site, post-construction runoff hydrographs
for the two-, ten- and 100-year storm events do not exceed, at any
point in time, the preconstruction runoff hydrographs for the same
storm events;
(2)
Demonstrate through hydrologic and hydraulic analysis that there
in no increase, as compared to the preconstruction condition, in the
peak runoff rates of stormwater leaving the site for 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 or
existing land uses and projected land uses assuming full development
under existing zoning and land use ordinance in the drainage area;
(3)
Design stormwater management measures so that the post-construction
peak runoff rates for the two-, ten- and 100-year storm events are
50%, 75% and 80%, respectively, of the preconstruction peak runoff
rates. The percentages apply only to the post-construction stormwater
runoff that is attributable to the portion of the site on which the
proposed development or project is to be constructed. The percentages
shall not be applied to post-construction stormwater runoff into tidal
flood hazard areas if the increased volume of stormwater runoff will
not increase flood damages below the point of discharge; or
2.
Any application for a new agricultural development that meets the definition of major development at § 36-18.2 shall be submitted to the appropriate Soil Conservation District for review and approval in accordance with the requirements of this section and any applicable Soil Conservation District guidelines for stormwater runoff quantity and erosion control. For the purpose of this section, "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 manufacturing of agriculturally related products.
q.
Stormwater Runoff Quality Standards.
1.
Stormwater management measures shall be designed to reduce the post-construction
load of total suspended solids (TSS) in stormwater runoff by 80% of
the anticipated load from the developed site, expressed as an annual
average. Stormwater management measures shall only be required for
water quality control if an additional 1/4 acre of impervious surface
is being proposed on a development site. 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 Pollution Discharge Elimination System (NJPDES) rules, N.J.A.C.
7:14A, or in a discharge specifically exempt under a NJPDES permit
from this requirement. 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 1. The calculation of the volume of runoff may
take into account the implementation of nonstructural and structural
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
|
0.01380
|
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
|
2.
For purposes of TSS reduction calculations, Table 2 below presents the presumed removal rates for certain BMPs designed in accordance with the New Jersey Stormwater Best Management Practices Manual. The BMP Manual may be obtained from the address identified in § 36-18.7, or found on the Department's website at www.njstormwater.org. The BMP Manual and other sources of technical guidance are listed in § 36-18.7. TSS reduction shall be calculated based on the removal rates for the BMPs in Table 2 below. Alternative removal rates and methods of calculating removal rates may be used if the design engineer provides documentation demonstrating the capability of these alternative rates and methods to the review agency. A copy of any approved alternative rate or method of calculating the removal rate shall be provided to the Department at the following address: Division of Watershed Management, New Jersey Department of Environmental Protection, P.O. Box 418, Trenton, New Jersey 08625-0418.
3.
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 - (AXB)/100
|
|
Where:
| ||
|
R
|
=
|
Total TSS percent load removal from application of both BMPs.
|
|
A
|
=
|
The TSS percent removal rate applicable to the first BMP.
|
|
B
|
=
|
The TSS percent removal rate applicable to the second BMP.
|
|
Table 5
| |
|---|---|
|
TSS Removal Rates for BMPs
| |
|
Best Management Practice
|
TSS Percent Removal Rate
|
|
Bioretention systems
|
90%
|
|
Constructed stormwater wasteland
|
90%
|
|
Extended detention basin
|
40% to 60%
|
|
Infiltration structure
|
80%
|
|
Manufactured treatment device
|
See § 36-18.6c
|
|
Sand filter
|
80%
|
|
Vegetative filter strip
|
60% to 80%
|
|
Wet pond
|
50% to 90%
|
4.
If there is more than one on-site drainage area, the 80% TSS removal
rate shall apply to each drainage area, unless the runoff from the
subareas converge on site in which case the removal rate can be demonstrated
through a calculation using a weighted average.
5.
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 this site shall include nonstructural strategies and structural measures that optimize nutrient removal while still achieving the performance standards in § 36-18.4f and g.
6.
Additional information and examples are contained in the New Jersey Stormwater Best Management Practices Manual, which may be obtained from the address identified in § 36-18.7.
7.
In accordance with the definition of FW1 at N.J.A.C. 7:9B-1.4, stormwater
management measure shall be designed to prevent any increase in stormwater
runoff to waters classified as FW1.
8.
Special water resource protection areas shall be established along
all waters designated Category One at N.J.A.C. 7:9B, and perennial
or intermittent streams that drain in to or upstream of the Category
One waters as shown on the USGS Quadrangle Maps or in the County Soil
Surveys, within the associated HUC14 drainage area. These areas shall
be established for the protection of water quality, aesthetic value,
exceptional ecological significance, exceptional recreational significance,
exceptional water supply significance, and exceptional fisheries significance
of those established Category One waters. These areas shall be designated
and protected as follow:
(a)
The applicant shall preserve and maintain a special water resource
protection area in accordance with one of the following:
(1)
A 300-foot special water resource protection area shall be provided
on each side of the waterway, measured perpendicular to the waterway
from the top of the bank outwards or from the center line of the waterway
where the bank is not defined, consisting of existing vegetation or
vegetation allowed to follow natural succession is provided.
(2)
Encroachment within the designated special water resource protection area under Subsection q8(a)(1) above shall only be allowed where previous development or disturbance has occurred (for example, active agricultural use, parking area or maintained lawn area). The encroachment shall only be allowed where applicant demonstrates that the functional value and overall condition of the special water resource protection area will be maintained to the maximum extent practicable. In no case shall the remaining special water resource protection area be reduced to less than 150 feet as measured perpendicular to the top of bank of the waterway or center line of the waterway where the bank is undefined. All encroachments proposed under this subsection shall be subject to review and approval by the Department.
(b)
All stormwater shall be discharged outside of and flow through
the special water resource protection area and shall comply with the
standard for off-site stability in the "Standards for Soil Erosion
and Sediment Control in New Jersey," established under the Soil Erosion
and Sediment Control Act, N.J.S.A. 4:24-39 et seq.
(c)
If stormwater discharged outside of and flowing through the
special water resource protection area cannot comply with the standard
for off-site stability in the "Standards for Soil Erosion and Sediment
Control in New Jersey," established under the Soil Erosion and Sediment
Control Act, N.J.S.A. 4:24-39 et seq., then the stabilization measures
in accordance with the requirements of the above standards may be
placed within the special water resource protection area, provided
that:
(1)
Stabilization measures shall not be placed within 150 feet of
the Category One waterway;
(2)
Stormwater associated with discharges allowed by this section
shall achieve a 95% TSS post-construction removal rate;
(3)
Temperature shall be addressed to ensure no impact on the receiving
waterway;
(4)
The encroachment shall only be allowed where the applicant demonstrates
that the functional value and overall condition of the special water
resource protection area will be maintained to the maximum extent
practicable;
(5)
A conceptual project design meeting shall be held with the appropriate
Department staff and Soil Conservation District staff to identify
necessary stabilization measures; and
(6)
All encroachments proposed under this section shall be subject
to review and approval by the Department.
(d)
A stream corridor protection plan may be developed by a regional stormwater management planning committee as an element of a regional stormwater management plan, or by a municipality through an adopted municipal stormwater management plan. If a stream corridor protection plan for a waterway subject to § 36-18.4q8 has been approved by the Department of Environmental Protection, then the provisions of the plan shall be the applicable special water resource protection area requirements for that waterway. A stream corridor protection plan for a waterway subject to Subsection q8 shall maintain or enhance the current functional value and overall condition of the special water resource protection area as defined in Subsection q8(a)(1) above. In no case shall a stream corridor protection plan allow the reduction of the special water resource protection area to less than 150 feet as measured perpendicular to the waterway subject to this subsection.
[Ord. No. 2005-(O)-30 § 5; 3-9-2021 by Ord. No. 2021-8]
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 the NRCS National Engineering Handbook Section 4 -
Hydrology and Technical Release 55 - Urban Hydrology for Small Watersheds,
dated June 1986, incorporated herein by reference as amended and supplemented.
Information regarding the methodology is available from the Natural
Resources Conservation Service website at https://www.nrcs.usda.gov/Internet/FSE_DOCUMENTS/stelprdb1044171.pdf
or at United States Department of Agriculture Natural Resources Conservation
Service, 220 Davison Avenue, Somerset, New Jersey 08872; or
(b)
The Rational Methods 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 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/2014NJSoilErosionContolStandardsComplete.pdf.
2.
For the purpose of calculating runoff coefficients and groundwater recharge, there is a presumption that the preconstruction condition of a site or portion thereof is a wooded land use with good hydrologic condition. The term "runoff coefficient" applies to both the NRCS methodology at § 36-18.5a1(a) and the Rational and Modified Rational Methods at § 36-18.5a1(b). A runoff coefficient or a groundwater recharge land cover for an existing condition may be used on all or a portion of the site if the design engineer verifies that the hydrologic condition has existed on the site or portion of the site for at least five years without interruption prior to the time of application. If more than one land cover have existed on the site during the five years immediately prior to the time of application, the land cover with the lowest runoff potential shall be used for the computations. In addition, there is the presumption that the site is in good hydrologic condition (if the land use type is pasture, lawn, or park), with good cover (if the land use type is woods), or with good hydrologic condition and conservation treatment (if the land use type is cultivation).
3.
In computing preconstruction stormwater runoff, the design engineer
shall account for all significant land features and structures, such
as ponds, wetlands, depressions, hedgerows, or culverts that may reduce
preconstruction stormwater runoff rates and volumes.
4.
In computing stormwater runoff from all design storms, the design
engineer shall consider the relative stormwater runoff rates and/or
volumes of pervious and impervious surfaces separately to accurately
compute the rates and volume of stormwater runoff from the site. To
calculate runoff from unconnected impervious cover, urban impervious
area modifications as described in the NRCS Technical Release 55 -
Urban Hydrology for Small Watersheds and 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:
1.
The New Jersey Geological Survey Report GSP-32, A Method for Evaluating
Ground-Water Recharge Areas in New Jersey, incorporated herein by
reference as amended and supplemented. Information regarding the methodology
is available from the New Jersey Stormwater Best Management Practices
Manual at http://www.state.nj.us/dep/njgs/; or at New Jersey Geological
Survey, 29 Arctic Parkway, P.O. Box 427, Trenton, New Jersey 08625-0427;
(609) 984-6587.
[Ord. No. 2005-(O)-30 § 6; 3-9-2021 by Ord. No. 2021-8]
a.
Standards for structural stormwater management measures are as follows:
1.
Structural stormwater management measures shall be designed to take
into account the existing site conditions, including, for example,
environmentally critical areas, wetlands; flood-prone areas; slopes
depth the seasonal high water table; soil type, permeability and texture;
drainage area and drainage patterns; and the presence of solution-prone
carbonate rocks (limestone).
2.
Structural stormwater management measures shall be designed to minimize
maintenance, facilitate maintenance and repairs, and ensure proper
functioning. Trash racks shall be installed at the intake to the outlet
structure as appropriate, and shall have parallel bars with one inch
spacing between the bars to the elevation of the water quality design
storm. For elevations higher than the water quality design storm,
the parallel bars at the outlet structure shall be spaced no greater
than 1/3 the width of the diameter of the orifice or 1/3 the width
of the weir, with a minimum spacing between bars of one inch and a
maximum spacing between bars of six inches. In addition, the design
of trash racks must comply with the requirements of § 36-18.8b.
3.
Structural stormwater management measures shall be designed, constructed,
and installed to be strong, durable, and corrosion-resistant. Measures
that are consistent with the relevant portions of the Residential
Site Improvement Standards at N.J.A.C. 5:21-7.3, 5:21-7.4. and 5:21-7.5
shall be deemed to meet this requirement.
4.
At the intake to the outlet from the stormwater management basin,
the orifice size shall be a minimum of 2 1/2 inches in diameter.
b.
Stormwater management measure guidelines are available in the New Jersey Stormwater Best Management Practices Manual. Other stormwater management measures may be utilized provided the design engineer demonstrates that the proposed measure and its design will accomplish the required water quantity, groundwater recharge and water quality design and performance standards established by § 36-18.4 of this section.
[Ord. No. 2005-(O)-30 § 7; 3-9-2021 by Ord. No. 2021-8]
a.
Technical guidance for stormwater management measures can be found in the documents listed at Subsection a1 and 2 below, which are available from Maps and Publications, New Jersey Department of Environmental Protection, 428 East State Street, P.O. Box 420, Trenton, New Jersey, 08625; telephone (609) 777-1038.
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: bioretention systems, constructed stormwater wetlands,
dry wells, extended detention basins, infiltration structures, manufactured
treatment devises, pervious paving, sand filters, vegetative filter
strips, and wet ponds.
2.
The New Jersey Department of Environmental Protection Stormwater
Management Facilities Maintenance Manual, as amended.
b.
Additional technical guidance for stormwater management measures
can be obtained from the following:
1.
The "Standards for Soil Erosion and Sediment Control in New Jersey"
promulgated by the State Soil Conservation Committee and incorporated
into N.J.A.C. 2:90. Copies of these standards may be obtained by contacting
the State Soil Conservation Committee or any of the Soil Conservation
Districts listed in N.J.A.C. 2:90-1.3(a)4. The location, address,
and telephone number of each Soil Conservation District may be obtained
from the State Soil Conservation Committee, P.O. Box 330, Trenton,
New Jersey 08625; (609) 292-5540.
2.
The Rutgers Cooperative Extension Services, 732-932-9306; and
3.
The Soil Conservation Districts listed in N.J.A.C. 2:90-1.3(a)4.
The location, address, and telephone number of each Soil Conservation
District may be obtained from the State Soil Conservation Committee,
P.O. Box 330, Trenton, New Jersey, 08625, (609) 292-5540.
[Ord. No. 2005-(O)-30 § 8; Ord. No. 2006-(O)-64 § 2; 3-9-2021 by Ord. No. 2021-8]
a.
Site design features identified under § 36-18.4f above, or alternative designs in accordance with § 36-18.4g 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 section, "solid and floatable materials" means sediment, debris, trash, and other floating, suspended, or settleable solids. For exemptions to this standard see § 36-18.7a2 below.
1.
Design engineers shall use one of the following grates whenever they
use a grate in pavemet or another ground surface to collect stormwater
from that surface into a storm drain or surface water body under that
grate:
(a)
The New Jersey Department of Transportation (NJDOT) bicycle-safe
grate, which is described in Chapter 2.4 of the NJDOT Bicycle Compatible
Roadways and Bikeways Planning and Design Guidelines; or
(b)
A different grate, if each individual clear space in that grate
has an area of no more than 7.0 square inches, or is no greater than
0.5 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 7.0 square inches, or be no greater than 2.0
inches across the smallest dimension.
2.
The standard in § 36-18.4a1 does not apply:
(a)
Where each individual clear space in the curb opening in existing
curb-opening inlet does not have an area of more than 9.0 square inches;
(b)
Where the municipality agrees that the standards would cause
inadequate hydraulic performance that could not practicably be overcome
by using additional or larger storm drain inlets;
(c)
Where flows from the water quality design storms as specified
in the 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 of the following:
(1)
A rectangular space 4.625 inches long and 1 1/2 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 Side 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 the N.J.A.C. 7:8; or
(e)
Where the New Jersey Department of Environmental Protection
determines, pursuant to the New Jersey Register of Historic Places
Rules at N.J.A.C. 7:4-7.2(c), that action to meet this standard is
an undertaking that constitutes an encroachment or will damage or
destroy the New Jersey Register listed historic property.
[Ord. No. 2005-(O)-30 § 9; 3-9-2021 by Ord. No. 2021-8]
a.
This subsection sets forth requirements to protect public safety
through the proper design and operation of stormwater management basins.
This subsection applies to any new stormwater management basin.
b.
The provisions of this subsection 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 § 36-18.8c1, 2, and 3 for trash
racks, overflow grates, and escape provisions at outlet structures.
c.
Requirements for Trash Racks, Overflows Grates and Escape Provisions.
1.
A trash rack is a device designed to catch trash and debris and prevent
the clogging of outlet structures. Trash racks shall be installed
at the intake to the outlet from the stormwater management basin to
ensure proper functioning of the basin outlets in accordance with
the following:
(a)
The trash rack shall have parallel bars, with no greater than
six inch spacing between the bars.
(b)
The trash rack shall be designed so as not to adversely affect
the hydraulic performance of the outlet pipe or structure.
(c)
The average velocity of flow through a clean trash rack is not
to exceed 2 1/2 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.
(d)
The trash rack 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/foot square.
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/foot square.
3.
For purposes of this Subsection c3, "escape provisions" means the permanent installation ladders, steps, rungs, or other features that provide easily accessible means of egress from stormwater management basins. Stormwater management basins shall include escape provisions as follows:
(a)
If a stormwater management basin has an outlet structure, escape
provisions shall be incorporated in or on the structure. Escape provisions
include the installation of permanent ladders, steps, rungs, or other
features that provide easily accessible means of egress from stormwater
management BMPs. With the prior approval of the reviewing agency identified
in § 36-18.8c a freestanding outlet structure may be exempted
from this requirement.
(b)
Safety ledges shall be constructed on the slopes of all new
stormwater management basins having a permanent pool of water deeper
than 2 1/2 feet. Such safety ledges shall be comprised of two
steps. Each step shall be four feet to six feet in width. One step
shall be located approximately 2 1/2 feet below the permanent
water surface, and the second step shall be located one to 1 1/2
feet above the permanent water surface. See § 36-18.8e for
an illustration of safety ledges in a stormwater management BMP; and
(c)
In new stormwater management basins, the maximum interior slope
for an earthen dam, embankment, or berm shall not be steeper than
3 horizontal to 1 vertical.
d.
Variance or Exemption from Safety Standards.
1.
A variance or exemption from the safety standards for stormwater
management basins may be granted only upon a written funding by the
appropriate reviewing agency (municipality, county or department)
that the variance or exemption will not constitute a threat to public
safety.
e.
Illustration of Safety Ledges in a New Stormwater Management Plan.
 |
[Ord. No. 2005-(O)-30 § 10; 3-9-2021 by Ord. No. 2021-8]
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 § 36-18.9c below as part of the submission of the applicant's application for subdivision or site plan approval.
2.
The applicant shall demonstrate that the project meets the standards
set forth in this section.
b.
Site Development Stormwater Plan Approval. The applicant's site
development project shall be reviewed as a part of the subdivision
or site plan review process by the municipal board or official from
which municipal approval is sought. That municipal board or official
shall consult the engineer retained by the Planning and/or Zoning
Board (as appropriate) to determine if all of the checklist requirements
have been satisfied and to determine if the project meets the standards
set forth in this section.
c.
Checklist Requirements. The following information shall be required:
1.
Topographic Base Map. The reviewing engineer may require upstream
tributary drainage system information as necessary. It is recommended
that the topographic base map of the site be submitted which extends
a minimum of 200 feet beyond the limits of the proposed development,
at a scale of one inch equals 200 feet or greater, showing two-foot
contour intervals. The map as appropriate may indicate the following:
existing surface water drainage, shorelines, steep slopes, soils,
erodible soils, perennial or intermittent streams that drain into
or upstream of the Category One waters, wetlands and flood plains
along with their appropriate buffer strips, marshlands and other wetlands,
pervious or vegetative surfaces, existing man-made structures, roads,
bearing and distances of property lines, and significant natural and
man-made features not otherwise shown.
2.
Environmental Site Analysis. A written and graphic description of
the natural and man-made features of the site and its environs. 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 Plan(s). 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 occur in the natural terrain and cover, including lawns
and other landscaping, and seasonal high ground water elevations.
A written description of the site plan and justification of proposed
changes in natural conditions may also be provided.
4.
Land Use Planning and Source Control Plan. This plan shall provide a demonstration of how the goals and standards of §§ 36-18.3 through 36-18.6 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 § 36-18.4 of this section.
(b)
When the proposed stormwater management control measures (e.g.,
infiltration basins) depends on the hydrologic properties of soils,
then a soils report shall be submitted. The soils report shall be
based on on-site borings logs or soil pits profiles. The number and
location of required soil borings or soil pots 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 § 36-18.11.
8.
Waiver from Submission Requirements. The municipal official or board reviewing an application under this ordinance may, in consultation with the municipal engineer, waive submission of any of the requirements in§ 36-18.9c1 through 6 when it can be demonstrated that the information requested is impossible to obtain or it would create a hardship on the applicant to obtain and its absence will not materially affect the review process.
[Ord. No. 2005-(O)-30 § 11; 3-9-2021 by Ord. No. 2021-8]
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). Maintenance guidelines for stormwater
management measures are available in the New Jersey Stormwater Best
Management Practices Manual. If the maintenance plan identifies a
person other than the developer (for example, a public agency or homeowners'
association) as having the responsibility for maintenance, the plan
shall include documentation of such person's agreement to assume
this responsibility, or of the developer's obligation to dedicate
a stormwater management facility to such person under an applicable
ordinance or regulation.
3.
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.
4.
If the person responsible for maintenance identified under § 36-18.11b2 above is not a public agency, the maintenance plan and any future revisions based on § 36-18.11b7 below shall be recorded upon the deed of record for each property on which the maintenance described in the maintenance plan must be undertaken.
5.
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 repairs
or replacement to the structure; removal of sediment, debris, or trash;
restoration of eroded areas; snow and ice removal; fence repair or
replacement; restoration of vegetation; and repair or replacement
of nonvegetated linings.
6.
The person responsible for maintenance identified under § 36-18.11b2 above shall 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.
7.
The person responsible for maintenance identified under § 36-18.11b2 above shall evaluate the effectiveness of the maintenance plan at least once per year and adjust the plan and the deed as needed.
8.
The person responsible for maintenance identified under § 36-18.11b2 above shall 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 § 36-18.11b6 and 7 above.
9.
The requirements of § 36-18.11b3 and 4 do not apply to stormwater management facilities that are dedicated to and accepted by the municipality or another governmental agency, subject to all applicable municipal stormwater general permit conditions, as issued by the Department.
10.
In the event that the stormwater management facility becomes
a danger to public safety or public health, or if it is 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 section shall preclude the municipality in which
the major development is located from requiring the posting of a performance
or maintenance guarantee in accordance with N.J.S.A. 40:55D-53.
[Ord. No. 2005-(O)-30 § 12; 3-9-2021 by Ord. No. 2021-8]
Any person who erects, constructs, alters, repairs, converts, maintains, or uses any building, structure or land in violation of this section shall be subject to the penalties as set forth in § 36-16.2d of this chapter, unless otherwise provided by law.
[Ord. No. 2005-(O)-30 § 13; 3-9-2021 by Ord. No. 2021-8]
This section shall take effect immediately upon the approval
by the county review agency, or 60 days from the receipt of the section
by the county review agency if the county review agency should fail
to act.
[Added 3-9-2021 by Ord. No. 2021-8]
Each section, subsection, sentence, clause and phrase of this
section is declared to be an independent section, subsection, sentence,
clause and phrase, and the finding or holding of any such portion
of this section to be unconstitutional, void, or ineffective for any
cause, or reason, shall not affect any other portion of this section.
