Wherever the depth of lots is established by existing street
patterns in any residential zone, the depth requirements of the zone
may be waived as long as all setback lines are maintained and lot
area meets or exceeds the zone requirement.
Every principal building shall be built upon a lot with frontage upon a public street as outlined in 40:55D-35 improved to meet the Township requirements or for which such improvement has been guaranteed by the posting of a performance guaranty pursuant to Article XIII unless relief has been granted under the provisions of N.J.S.A. 40:55D-36.
[Amended 7-2-12 by Ord. No. O-7-2012-014]
A.
No yard or other open space provided around any building for the
purpose of complying with the provisions of this chapter shall be
considered as providing a yard or open space for any other buildings,
and no yard or other open space on one lot shall be considered as
providing a yard or open space for a building on any other lot.
B.
All yards facing on a public street shall be considered front yards
and shall conform to the minimum front yard requirements for the zone
in which it is located, except as otherwise provided in this article.
C.
Every part of a required yard shall be open and unobstructed from
its lowest level to the sky, except for the ordinary projections allowed
by the State Uniform Construction Code, including but not limited
to sills, belt courses, chimneys, flues, buttresses, ornamental features
and eaves; provided, however, that none of the aforesaid projections
shall project into the minimum required yards more than 24 inches,
unless otherwise permitted by this chapter. Unroofed entrance porches
or terraces, which do not rise above the height of the floor level
on the ground floor, may extend into any yard, provided that the total
area of all such porches, which extend into such yards, does not exceed
1,000 square feet.
D.
A minimum rear yard area of 3,000 square feet, contiguous to the
proposed building footprint and unencumbered by freshwater wetlands
and associated buffers, floodplains, state open waters, waterways
or other environmental constraints shall be required for all building
lots within the RR-FLP, R-3A, R-60, R-30, and R-20 zones. The ratio
width to depth for each rear yard area shall not exceed 2.5 to 1.
This minimum rear yard area shall not be accomplished via wetlands
buffer averaging.
A.
On all corner lots, the depth of all yards abutting on streets shall
not be less than the minimum front yard depth required on all adjoining
interior lots fronting on such street in the zone schedule. No corner
lot setback shall, in any case, be less than 20 feet, unless otherwise
permitted in this article.
B.
Lot lines of corner lots that are coexistent with side lines of abutting
lots shall be considered side lines.
C.
Lot lines of corner lots that are coexistent with rear lines of adjoining
lots shall be considered rear lines.
D.
Lot lines of corner lots that are coexistent with lot lines of adjoining
corner lots shall be considered side lines.
E.
Each street frontage of a corner lot shall conform to the minimum
required frontage for a corner lot in the applicable zone district
as specified in the Schedule of Yard, Area and Building Requirements.[1]
[1]
Editor's Note: The Schedule of Area, Yard and Building Requirements referred to herein is included as an attachment to this chapter.
A.
Sight triangles shall be provided at the intersection of two or more
streets, and no hedge, fence, screening strip or wall higher than
30 inches above curb level, nor any obstruction to vision, other than
a post not exceeding one foot in diameter, shall be permitted on any
lot within the triangular area formed by two intersecting street lines
bounding said lot, or the projection of such lines, and by a line
connecting a point, on each line located 50 feet from the intersection
of the street lines for Township streets and as required by the Middlesex
County for the County roads and the New Jersey Department of Transportation
for State roads.
B.
Sight triangle areas shall be maintained, trimmed or cleared in order
to maintain sight distance as required herein.
Unless otherwise specified in this chapter, accessory buildings
shall conform to the following regulations as to their locations on
the lot:
A.
An accessory building attached to a principal building shall comply
in all respects with the yard requirements of this chapter for the
principal building. Detached accessory buildings shall be located
in other than a front yard and, if located in a side or rear yard
area, shall be set back at least eight feet from all lot lines if
not otherwise provided in the zone district regulations, except that
storage sheds containing less than 100 square feet of floor area may
be located not less than three feet from any side or rear lot line.
B.
Accessory buildings may occupy not more than 25% of the rear or side
yard area in any residential zone, provided that such buildings shall
not exceed the lesser of 16 feet in height or the height of principal
building.
C.
No detached accessory structure, in any residential zone, shall be
less than five feet from the principal building.
D.
Accessory buildings must be located on the same lot as the principal
use to which they are accessory.
Any lot utilized for single-family or two-family dwelling purposes
shall not contain more than one principal building.
The provisions of this chapter shall not apply to customary underground essential services, as defined in § 108-2.3, except that all facilities, such as pumping stations, repeater stations and electric substations, which require a building above-ground or any other above-ground appurtenance of any type more than 40 feet high, shall require approval as a conditional use subject to the provisions of this chapter.
Where two or more lots, created by the filing of a map pursuant
to the Map Filing Law prior to establishment of the Planning Board,
have any contiguous lines and are in single ownership and one or more
of the lots is nonconforming in any aspect, the lots involved shall
be considered to be an undivided parcel for the purposes of this chapter,
and no portion of said parcel shall be conveyed or divided except
through the filing of an approved subdivision in accordance with the
provisions of this chapter.
A.
No structure shall extend higher than the limit provided in each
zone created hereunder for building height.
B.
The height limitations created hereunder shall not apply to spires,
belfries, cupolas or domes not used for human occupancy, or to parapets,
walls or cornices extending not more than four feet above the building
height limit.
C.
The height limitations created hereunder shall apply to chimneys,
spires, water towers, elevator penthouses, tanks, ventilators, skylights,
stair towers, and other similar projections, apprentices usually carried
above the antennas attached to a building, except that the same may
exceed said height limitations by not more than 15 feet, except that
skylights, heating and air-conditioning equipment and ventilators
may exceed the height limitation by no more than 10 feet. Such features
shall not exceed, in total coverage, 10% of the total roof area.
D.
Freestanding, noncommercial radio and television antennas and flagpoles
may exceed the height limits created hereunder by not more than 15
feet.
Wherever feasible, all of the following shall be preserved in
their natural state:
A.
Floodway areas as defined by the United States Department of Housing
and Urban Development, Federal Insurance Program Flood Insurance Rate
Map; United States Army Corps of Engineers; the New Jersey Department
of Environmental Protection or by the Monroe Environmental Commission.
B.
Areas containing a significant number of specimen trees determined
by the Environmental Commission or the municipal agency.
C.
Existing watercourses, ponds, marshes and swamps.
D.
Wetlands as defined by the New Jersey Wetlands Act of 1970 and delineated
on wetlands maps prepared by the New Jersey Department of Environmental
Protection.
E.
Wetlands as defined by the New Jersey Department of Environmental
Protection Coastal Management Development Policies and contained in
the New Jersey Administrative Code and wetlands and wetland (hydric)
soils as regulated by the United States Army Corps of Engineers and/or
N.J.D.E.P.
F.
Steep slopes in excess of 10%.
G.
Flora and fauna on the New Jersey and/or Federal Endangered Species
List and trees included on the Unique Trees Map of the Monroe Township
Environmental Commission Natural Resources Inventory.
Where applicable, the municipal agency shall require as a condition
of subdivision or site plan approval that the owner convey to the
Township, drainage easements, conservation easements, sight triangle
easements, sidewalk easements and/or shade tree and utility easements.
A.
Temporary sales and outdoor display of goods may be permitted where
the goods displayed are the merchandise of a business included within
a structure located on the site. Such temporary sales and display
shall be in accordance with a permit issued by the Zoning Officer.
No business shall hold more than four such sales per year, nor shall
any one sale exceed three days in duration. Goods for sale, displayed
or stored outdoors, shall not be located closer than 25 feet to any
street right-of-way of 15 feet to any side or rear line. Any applicant
for a permit for a temporary sales license shall be required to provide
a diagram of the proposed temporary sales and/or outdoor display of
goods and proof of liability insurance for the proposed temporary
sales and/or outdoor display of goods area.
B.
Temporary flea markets and sales operated by nonprofit groups, such
as churches, may be permitted where the goods displayed are on a site
which is already developed as a principal use of the nonprofit group.
Such sales shall be in accordance with a permit issued by the Zoning
Officer. No nonprofit group shall hold more than four such sales per
year, nor shall any one sale exceed three days in duration.
C.
Coin-operated vending machines shall not be located further than
two feet from a related business structure.
A.
For approved dwellings with a professional office or home occupation
no building with a professional office shall be constructed or altered
so as to be inharmonious to the character of residential structures.
B.
The types of construction not considered to be residential in character
include store-front-type of construction, garage doors (larger than
needed for passenger vehicles or light commercial vehicles) and unfinished
concrete blocks or cinder block wall surfaces.
The outdoor storage of an unoccupied recreational vehicle, motor
home, travel trailer, camper or small boat shall be permitted on single-family
properties, provided that:
A.
A travel trailer, camper or small boat shall not exceed 28 feet in
length and eight feet in width.
B.
Only one such travel trailer or camper or one small boat shall be
permitted to be stored outdoors at any single-family residence. The
storage of the boat or travel trailer or camper shall be permitted
in the side-yard only and not encroaching on the sideyard setback
and not exceeding the front building line.
C.
Any such vehicles stored in accordance with this section shall not
be occupied and shall not be provided with utility connections.
D.
Permanent or temporary overnight occupancy or use of a trailer, travel
trailer, motor homes, boat or recreational vehicle is not permitted
in any zone, except that, in emergency situations, such occupancy
or use may be permitted by the Zoning Board of Adjustment for a period
not to exceed 60 days. For good cause shown, the Zoning Board of Adjustment
may renew the period of occupancy not more than once for a period
not to exceed 60 days.
A.
No commercial motor vehicle having a rated maximum gross vehicle
weight (GVW) in excess of 8,000 pounds or having more than two axles
shall be parked or stored overnight on any occupied property which
is primarily used for residential purposes or on any vacant property
in a residentially zoned area, except for vehicles engaged in construction,
parked or stored on an active construction site. Two axle tractors
shall also be prohibited from storage on residentially zoned or used
property.
B.
Not more than one motor vehicle with commercial motor vehicle registration,
having a rated maximum gross vehicle weight (GVW) of 8,000 pounds
or less, shall be parked or stored overnight on any occupied property
which is primarily used for residential purposes or on any vacant
property in a residentially zoned area, except for vehicles engaged
in construction, parked or stored on an active construction site.
This provision shall not apply to passenger automobiles with commercial
motor vehicle registration.
C.
The aforementioned regulations for commercial vehicle storage shall
not apply to vehicles located on and necessary to the operation of
a farm.
No building, structure or use shall be permitted within areas
defined as wetlands by the New Jersey Freshwater Wet-lands Act of
1987 or latest revision, except in accordance with a permit issued
under the Act.
A.
A developer applying for site plan or subdivision approval shall
apply to and may be required to submit a Soil Erosion and Sediment
Control Plan to the Free-hold Soil Conservation District for conformance
with the New Jersey State Standards for Soil Erosion and Sediment
Control.
B.
The applicant shall provide a copy of the district certification
of approval or letter of exemption.
[1]
Editor's Note: Former § 108-5.20, Floodplain management
(See Flood Ordinance), was repealed 6-27-2022 by Ord. No. O-6-2022-013.
A.
As a condition of approval and the continuance of any use, occupancy
of any structure and operation of any process or equipment, the applicant
shall supply evidence, satisfactory to the municipal agency, or to
its designated representative, that the proposed use, structure, process
or equipment will conform fully to all of the applicable performance
standards.
(1)
As evidence of compliance, the municipal agency may require
certification of tests by appropriate government agencies or by recognized
testing laboratories, any costs thereof to be borne by the applicant.
(2)
The municipal agency may require that specific types of equipment,
machinery or devices shall be installed, or that specific operating
procedures or methods shall be followed if the government agencies
or testing laboratories examining the proposed operation shall determine
that the use of such specific types of machinery, equipment, devices,
procedures or methods are required in order to assure compliance with
the applicable performance standards.
(3)
Permits and certificates required by other government agencies
shall be submitted to the municipal agency as proof of compliance
with applicable codes.
(4)
If appropriate permits, tests and certifications are not or
cannot be provided by the applicant, then the municipal agency or
Administrative Officer (Zoning Officer) may require that instruments
and/or other devices or professional reports or laboratory analysis
be used to determine compliance with the following performance standards
for an existing or proposed use, and the cost thereof shall be borne
by the owner or applicant.
(5)
Conditional permit.
(a)
In the event that a determination cannot be made at the time
of application that a proposed use, process or piece of equipment
will meet the standards established in this section, the municipal
agency may issue or may recommend issuance of a conditional permit.
The conditional permit would be based on submission of evidence that
the proposed use, process or equipment will meet the standards established
herein after completion or installation and operation.
(b)
Within 30 days after a conditional permit is granted, a certificate
of occupancy shall be applied for and satisfactory evidence shall
be submitted that all standards established by this section have been
met.
B.
Hazardous, toxic or corrosive substances.
(1)
No building or land shall be used and no structure shall be
erected, constructed, reconstructed, altered or repaired for purposes
of processing, manufacturing, producing or storing hazardous, toxic
or corrosive substances. "Hazardous, toxic and corrosive substance"
shall be defined as those named in regulations promulgated by the
United States Environmental Protection Agency, New Jersey Department
of Environmental Protection and other Federal and State regulatory
agencies. This provision shall not apply to the incidental use and
limited storage of such substances in connection with uses permitted
by this chapter.
C.
Applicability and enforcement of performance standards.
(1)
Applicability.
(a)
Prior to construction and operation, any application for a development
or building permit for a use which shall be subject to performance
standards shall be accompanied by submissions, attachments, certifications
as required by this section and a sworn statement filed by the owner
of the subject property or the operator of the proposed use that said
use will be operated in accordance with the performance standards
set forth herein.
(b)
For existing structures. Any existing structure or use which
is, after the effective date of this chapter, allowed to deteriorate
or is modified so as to reduce its compliance with these standards
will be deemed to be in noncompliance and to constitute a violation.
(c)
No building or land shall be used and no structure shall be
erected, constructed, reconstructed, altered or repaired for purposes
of processing, manufacturing, producing or storing hazardous, toxic
or corrosive substances. As it is, toxic and corrosive substances
shall be defined as those names and regulations promulgated by the
United States Environmental Protection Agency, New Jersey Department
of Environmental Protection and/or Federal and State Regulatory Agencies.
This provision shall not apply to incidental use and limited storage
of such substances in connection with uses permitted by this section.
(2)
Continued compliance. Continued compliance with performance
standards is required and shall be enforced by the Construction Official
or Administrative Officer (Zoning Officer).
(3)
Termination of violation. All violation shall be terminated
within 30 days of notice or shall be deemed a separate violation for
each day following and subject to fines as set forth herein.
(4)
Violation inspection. Whenever, in the opinion of the Construction
Official or Administrative Officer, there is a reasonable probability
that any use or occupancy violates the regulations of this article,
they are hereby empowered to employ a qualified technician or technicians
to perform investigations, measurements and analyses to determine
whether or not the regulations of this section are being violated.
In the event that a violation is found to exist, the violator shall
be liable for the reasonable fees of the technicians employed to perform
such investigations, measurements and analyses.
D.
Performance standards established.
(1)
Noise.
(a)
The definitions contained in the Noise Control Regulations of
the New Jersey Department of Environmental Protection (N.J.A.C. 7:29-1.1
et seq.) are hereby incorporated by reference without being set forth
in full with regard to this section.
(b)
No person shall cause, suffer, allow or permit nor shall any
application for development be approved which produces sound in excess
of the standards listed below when measured at any location outside
of the lot on which the use or source of sound is located.
[1]
A continuous airborne sound which has a sound level
in excess of 50 decibels.
[2]
A continuous airborne sound which has an octave
band sound pressure level in decibels which exceeds the values listed
below in one or more octave bands:
|
Octave Band
Center
Frequency
(Hz)
|
Octave Band
Sound
Pressure Level
(dB)
|
|---|---|
|
31.5
|
86
|
|
63
|
71
|
|
125
|
61
|
|
250
|
53
|
|
500
|
48
|
|
1, 000
|
45
|
|
2,000
|
42
|
|
4,000
|
40
|
|
8,000
|
38
|
[3]
An impulsive sound in the air which has an impulsive
sound level in excess of 80 decibels.
(c)
The provisions of this section shall not apply to:
[1]
Agriculture.
[2]
Bells, chimes or carillons while being used in
conjunction with religious services.
[3]
Commercial motor vehicle operations as per permitted
by this section.
[4]
Emergency energy release devices.
[5]
Emergency work to provide electricity, water or
other public utilities when public health or safety are involved.
[6]
National Warning System (NAWAS) signals or devices
used to warn the community of attack or imminent public danger, such
as flooding or explosion. These systems are controlled by the New
Jersey Civil Defense and Disaster Control Agency.
[7]
Noise of aircraft flight operations.
[8]
Public celebrations.
[9]
Public roadways.
[10]
Stationary emergency signaling devices.
[11]
Surface carriers engaged in commerce by railroad.
[12]
Rail operations.
[13]
The unamplified human voice.
[14]
Use of explosive devices. These are regulated
by the New Jersey Department of Labor and Industry under the 1960
Explosives Act (N.J.S.A. 21:1A-128 et seq.).
(2)
Air pollution. No substance shall be emitted into the atmosphere
in quantities which are injurious to human, plant or animal life or
to property, or which will interfere unreasonably with the comfortable
enjoyment of life and property anywhere in the municipality. All provisions
of the New Jersey Air Pollution Control Code, as amended and as augmented,
and all the following provisions stated, whichever shall be more stringent,
shall be complied with.
(a)
Smoke. In any zone, no smoke, the shade or appearance of which
is darker than No. 1 of the Ringelmann Smoke Chart, shall be emitted
into the open air from any incinerator or fuel-burning equipment;
provided, however, that smoke emitted during the cleaning of a fire
box or the building of a new fire, the shade or appearance of which
is no darker than No. 2 of the Ringelmann Smoke Chart, may be permitted
for a period or periods aggregating no more than three minutes in
any 30 consecutive minutes.
(b)
Solid particles.
[1]
In any residential zone, no discharge of solid particles through a stack, duct or vent shall be permitted that is greater than 50% of the allowable emission in pounds per hour established by Chapters 7 and 8 of the New Jersey Air Pollution Control Code.
[2]
In any other zone, except industrial zones, the
allowable discharge shall be 75% of the allowable emission permitted
by the New Jersey Air Pollution Control Code.
[3]
In the industrial zone, the allowable discharge
shall be the allowable emission permitted by the New Jersey Air Pollution
Control Code.
[4]
No open burning shall be permitted in any zone.
[5]
All incinerators shall be approved by the State
Department of Environmental Protection.
[6]
Any road, parking area, driveway, truck loading
or unloading station or any other exterior area having a substantial
movement of vehicles or equipment shall be paved or otherwise stabilized
during construction sufficient to prevent the generation of dust from
the movement of such vehicles or equipment.
(c)
Odors. In any zone, no odorous material may be emitted into
the atmosphere in quantities sufficient to be detected without instruments.
Any process, which may involve the creation or emission of any odors,
shall be provided with a secondary safe-guard system, so that control
will be maintained. Table 1 (Odor Thresholds in Air) in Part 1 (Odor
Thresholds for 53 Commercial Chemicals) of Research on Chemical Odors,
copyrighted by the Manufacturing Chemists Association, Inc., Washington,
D.C., shall be used as a guide in determining quantities of offensive
odors.
(3)
Liquid waste. No liquid waste shall be stored outside or discharged
into any watercourse, storm drain or sewage collection and disposal
system nor into any ground sump, any well or percolation area, except
in accordance with plans approved by the Township Public Works Department,
Health Department and Township Engineer and where required by the
New Jersey Department of Environmental Protection. No liquid wastes
may be stored outdoors.
(4)
Solid waste. All uses in the Township shall:
(a)
Assume full responsibility for adequate and regular collection
and removal of all refuse, except if the Township assumes the responsibility.
(b)
Comply with all applicable provisions of the Air Pollution Control
Code.
(c)
Comply with all provisions of the State Sanitary Code, Chapter 8, Refuse Disposal, Public Health Council, of the State Department of Environmental Protection.
(d)
Permit no accumulation on the property of any solid waste, junk
or other objectionable materials.
(e)
Not engage in any sanitary landfill operation on the property,
except as may be permitted by other Township codes and ordinances.
(5)
Radiation. All uses of materials, equipment or facilities, which
are or may be sources of radiation, shall comply with all controls,
standards and requirements of the United States Atomic Energy Act
of 1965, as amended and any codes, rules or regulations promulgated
under such Act, as well as the New Jersey Radiation Protection Law,
N.J.S.A. 26:2D-1 et seq., as amended, whichever is more stringent.
(6)
Fire and explosion hazards. All activities shall be carried
on only in buildings classified as fire-proof by the Building Code
of the Township, and as determined by the Fire Department. The operation
shall be conducted in such a manner and with such precautions against
fire and explosion hazards as to produce no explosion hazard as determined
by the New Jersey Inspection Bureau of Fire Prevention to a use on
an adjacent property and must conform to the rules and regulations
of the most recent adopted edition of the Fire Prevention Code of
the National Board of Fire Underwriters and the Monroe Township Fire
Department.
(7)
Vibration. There shall be no vibration which shall be discernible
to the human sense of feeling beyond the boundaries of the lot on
which the source is located. At no point on or beyond the boundary
of any lot shall the maximum ground transmitted steady state or impact
vibration caused by any use or activity (except those not directly
under the control of the property user) exceed a particle velocity
of 0.1 inch per second for impact vibrations. Particle velocity is
to be determined by the formula 6.28FA, where F is the frequency of
the vibration in cycles per second and A is the maximum single amplitude
displacement of the vibration in inches. For the purpose of measuring
vibrations, a three component measuring system shall be used. For
the purpose of this chapter, steady state vibrations are vibrations
which are continuous, or vibrations in discrete impulses more frequent
than 100 per minute. Discrete impulses which do not exceed 100 per
minute shall be considered impact vibrations.
(8)
Electromagnetic interference. There shall be no electromagnetic
interference that:
(9)
Heat. Every use and activity shall be so operated that it does
not raise the ambient temperature more than two degrees Celsius at
or beyond the boundary of any lot line.
(10)
Fire-resistant construction. All new construction and additions
shall be fire resistant construction in accordance with the requirements
of the State Uniform Construction Code.
(11)
Glare. There shall be no direct or sky-reflected glare exceeding
one and one-half (1-1/2) foot-candles measured at the boundaries of
the lot on which the source is located. This regulation shall not
apply to lights which are used solely for the illumination of entrances
or exits or driveways leading to a parking lot. Any operation or activity
producing intense glare shall be conducted so that direct and indirect
illumination from the source of light shall not cause illumination
in excess of 0.1 footcandle in residential districts.
(12)
Lighting and illumination. Artificial lighting or illumination
provided on any property or by any use shall adhere to the following
standards:
(a)
The illumination provided by artificial lighting on the property
shall not exceed 0.5 footcandle beyond any property line.
(b)
Spotlights or other types of artificial lighting that provides
a concentrated beam of light shall be so directed that the beam of
light does not extend beyond any property lines.
(c)
Spotlights or other types of artificial lighting used to illuminate
signs or building faces shall not emit beams of light that extend
beyond the vertical plane of the sign or building face that they illuminate
and shall not be located in such a manner as to cause the beams of
light to be reflected upon any adjoining property, public street or
vehicular circulation area.
E.
Performance standards in conflict with existing ordinances. The Township
Engineer shall determine whether or not the standards contained herein
are consistent with the standards that may be established by other
municipal ordinances. If they conflict the Land Use Ordinance shall
defer to the established Township ordinance as follows:
(1)
The objectives of the following performance standards are to
ensure that all industries will provide methods to protect the community
from hazards and nuisances which can be prevented by processes of
control and nuisance elimination.
(2)
No land or building may be used or occupied in any manner so
as to create dangerous, injurious, noxious or otherwise objectionable
fire, explosive, radioactive or other hazardous condition; noise or
vibration; smoke, dust, odor or other form of air pollution; glare
or heat; conditions conducive to the breeding of rodents or insects;
or other dangerous or objectionable elements in an amount or manner
as to adversely affect the surrounding area.
[Amended 3-2-92 by Ord. No. 0-3-92-008]
A.
Keeping of animals on residential lots.
(1)
No person shall keep any animal on any residential lot within
the Township of Monroe except in accordance with the provisions of
this section.
B.
Exceptions.
(1)
Household pets. Subject to the licensing requirements of Chapter 33 of the Monroe Code, this section shall not apply to small household animals or pets, including but not limited to dogs, cats, rabbits, guinea pigs, gerbils, hamsters, ferrets, mini-pigs, parrots, parakeets, canaries, or other birds or animals usually kept as household pets.
(2)
4-H Project animals.
(a)
Subject to the requirements of Subsection B(2)(b) and B(2)(c) herein, and Subsection E "Health Requirements" below, this section shall not prohibit the keeping of 4-H project animals by a 4-H Club member, which are registered with the Office of the Township Clerk, and conform to the current recommended management practices established in "Recommended Guidelines for Home Animal Agriculture in Residential Areas" as published and revised by the New Jersey Cooperative Extension Service, NJ Agricultural Experiment Station, Cook College, Rutgers University, New Brunswick, New Jersey, as to number, care and management, as verified by the Monroe Township Zoning Officer. Said "Recommended Guidelines" are hereby incorporated herein by reference and attached hereto as Schedule A.
(b)
For all lots less than one acre, the number of permitted animals
shall be pro-rated in accordance with Table 1. "Animal Units for Specific
Livestock Categories or Type" contained in Schedule A.[1]
[1]
Editor's Note: Schedule A, referred to herein, is included as an attachment to this chapter.
(c)
For all lots less than one acre, the minimum distance from a
property line for locating a building, stable, or other structure
for the keeping of domesticated animals shall be not less than 20%
of the lot width, but in no event less than 20 feet, and all such
structures shall be located in the rear yard of said property.
C.
Domesticated animals.
(1)
As used in this article "domesticated animal" shall include
but not be limited to horses, goats, sheep, swine, cattle, poultry,
fowl, and furbearing animals but excluding household pets.
(2)
No domesticated animal shall be allowed in any dwelling house
or any part thereof within the Township of Monroe.
(3)
No building, stable, or other structure for the keeping of domesticated
animals, other than horses, shall be located within 50 feet of any
building used by a neighbor either as a dwelling or for business purposes.
(4)
No building, stable, or other structure for the keeping of domesticated
animals, other than horses, shall be located within 50 feet of any
property line, and shall be located in the rear yard of said property.
(5)
Stables for horses, shall be regulated by Article VI-Zoning
Districts and Regulations.
D.
Limitations.
(1)
Except as indicated otherwise in this section, no person shall
keep any domesticated animal on any residential lot within the Township
of Monroe except on lots of one acre or more. The number, care, and
management of domesticated animals shall conform to current recommended
management practices established in "Recommended Guidelines for Home
Animal Agriculture and Residential Areas" as published and revised
by the NJ Cooperative Extension Service, NJ Agricultural Experiment
Station, Cook College, Rutgers University, New Brunswick, New Jersey,
which are hereby incorporated herein by reference and attached hereto
as Schedule A.[2]
[2]
Editor's Note: Schedule A, referred to herein, is included as an attachment to this chapter.
E.
Health requirements. In addition to any requirements of Chapter 33 and the "Recommended Guidelines for Home Animal Agriculture and Residential Areas," the premises on which animals on residential lots are maintained and kept shall meet and conform to the following health standards:
(1)
The location of any building, stable, or other structure for
the keeping of animals shall be located so as to preclude odors and
sounds from interfering with the comfortable enjoyment of life and
property on neighboring premises.
(2)
Buildings, food storage bins, appliances, equipment, and other
such facilities on premises are to be constructed and maintained in
such a fashion as to permit proper cleansing.
(3)
There shall be adequate water supply on the premises to insure
proper sanitation.
(4)
Water or other liquids to which mosquitoes may have access is
to be properly treated to prevent their breeding.
(5)
Disposition of animal waste, garbage, refuse or vegetable matter
shall be such so as to prevent insects breeding, rodent infestation,
pollution of the air or any body of water, or the creation of any
other unhealthy or unsanitary condition.
(6)
The Health Officer of the Township of Monroe shall be authorized
to inspect any premises where animals are kept for the purpose of
enforcing the provisions herein.
F.
Interpretation. In the application and interpretation of this section,
all provisions hereof shall be held to be the minimum standards or
requirements adopted for the promotion of the public health, safety,
and general welfare of the Township. Whenever the requirements of
this section are or appear at variance with the requirements of any
other lawfully adopted rules, regulations or ordinances, the specific
provisions of this section shall govern.
All proposed applications for development in which any historic
building or on lands which contain a historic building, place or structure,
established by the Cultural and Heritage Commission, shall be referred
to the Cultural and Heritage Commission for certificate of appropriateness
consideration prior to action on the application by the municipal
agency. Proposed developments within any historic building or which
contain a designated historic building, place or structure in the
Township shall be designed to accomplish the following goals and objectives:
A.
The existing character and appearance of the historic building shall
be preserved.
B.
Wherever feasible, existing structures should be restored in lieu
of new construction.
C.
All proposed developments should be compatible and consistent with
existing development and the concept of the historic building in relation
to the following:
D.
Visual compatibility factors. Visual compatibility factors will be
applied to historic building structures.
No owner or occupant, with the exception of farms, shall store
materials of any kind outdoors in any district except in connection
with the construction of a structure to be erected on the premises,
unless specifically permitted elsewhere in this chapter.
No application for preliminary site plan, residential subdivision approval or overall development plan approval for a planned development shall be approved unless it has been determined by the Planning Board or Zoning Board of Adjustment that the applicant has applied to the Monroe Township Environmental Commission and completed the Environmental Quality Review as per Chapter 38 of the Code of Monroe Township.
[Added 4-5-99 by Ord. No. 0-4-99-015]
Any property adjacent to a regional gas transmission line easement
as delineated on the Monroe Township Tax Map and titled Texas Eastern
Transportation Corp. Pipe Line, shall provide a minimum building setback
of 50 feet from the easement.
[Added 11-8-06 by Ord. No. O-11-2006-038; amended 5-7-07 by Ord. No. O-5-2007-021; 3-1-2021 by Ord. No. O-2-2021-003]
A.
Scope and purpose.
(1)
Policy statement. Flood control, groundwater recharge, and pollutant
reduction shall be achieved through the use of stormwater management
measures, including green infrastructure best management practices
(GI BMPs) and nonstructural stormwater management strategies. GI BMPs
and low-impact development (LID) should be utilized to meet the goal
of maintaining natural hydrology to reduce stormwater runoff volume,
reduce erosion, encourage infiltration and groundwater recharge, and
reduce pollution. GI BMPs and LID should be developed based upon physical
site conditions and the origin, nature and the anticipated quantity,
or amount, of potential pollutants. Multiple stormwater management
BMPs may be necessary to achieve the established performance standards
for water quality, quantity, and groundwater recharge.
(2)
Purpose. The purpose of this section is to establish minimum stormwater management requirements and controls for "major development," as defined below in Subsection B.
(3)
(4)
Compatibility with other permit and ordinance requirements.
(a)
Development approvals issued pursuant to this section are to
be considered an integral part of development approvals and do not
relieve the applicant of the responsibility to secure required permits
or approvals for activities regulated by any other applicable code,
rule, act, or ordinance. In their interpretation and application,
the provisions of this section shall be held to be the minimum requirements
for the promotion of the public health, safety, and general welfare.
(b)
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.
B.
CAFRA CENTERS, CORES OR NODES
CAFRA PLANNING MAP
COMMUNITY BASIN
COMPACTION
CONTRIBUTORY DRAINAGE AREA
CORE
COUNTY REVIEW AGENCY
DEPARTMENT
DESIGNATED CENTER
DESIGN ENGINEER
DEVELOPMENT
(1)
DISTURBANCE
DRAINAGE AREA
ENVIRONMENTALLY CRITICAL AREA
EMPOWERMENT NEIGHBORHOODS
ENVIRONMENTALLY CONSTRAINED AREA
EROSION
GREEN INFRASTRUCTURE
HUC 14 or HYDROLOGIC UNIT CODE 14
IMPERVIOUS SURFACE
INFILTRATION
LEAD PLANNING AGENCY
MAJOR DEVELOPMENT
(1)
(2)
MOTOR VEHICLE
MOTOR VEHICLE SURFACE
MUNICIPALITY
NEW JERSEY STORMWATER BEST MANAGEMENT PRACTICES (BMP) MANUAL
or BMP MANUAL
NODE
NUTRIENT
PERSON
POLLUTANT
RECHARGE
REGULATED IMPERVIOUS SURFACE
(1)
(2)
(3)
(4)
REGULATED MOTOR VEHICLE SURFACE
(1)
(2)
SEDIMENT
SITE
SOIL
STATE DEVELOPMENT AND REDEVELOPMENT PLAN METROPOLITAN PLANNING
AREA (PA1)
STATE PLAN POLICY MAP
STORMWATER
STORMWATER MANAGEMENT BMP
STORMWATER MANAGEMENT MEASURE
STORMWATER RUNOFF
STORMWATER MANAGEMENT PLANNING AGENCY
STORMWATER MANAGEMENT PLANNING AREA
TIDAL FLOOD HAZARD AREA
URBAN COORDINATING COUNCIL EMPOWERMENT NEIGHBORHOOD
URBAN ENTERPRISE ZONES
URBAN REDEVELOPMENT AREA
WATER CONTROL STRUCTURE
WATERS OF THE STATE
WETLANDS or WETLAND
Definitions. For the purpose of this section, the following terms,
phrases, words and their derivations shall have the meanings stated
herein unless their use in the text of this section clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory. The definitions below are the same as or
based on the corresponding definitions in the Stormwater Management
Rules at N.J.A.C. 7:8-1.2.
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 designated by the Middlesex County Board of County
Commissioners to review municipal stormwater management plans and
implementing ordinance(s). The county review agency may either be:
The Department of Environmental Protection.
A State Development and Redevelopment Plan Center as designated
by the State Planning Commission such as urban, regional, town, village,
or hamlet.
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.
The division of a parcel of land into two or more parcels,
the construction, reconstruction, conversion, structural alteration,
relocation or enlargement of any building or structure, any mining
excavation or landfill, and any use or change in the use of any building
or other structure, or land or extension of use of land, for which
permission is required under the Municipal Land Use Law, N.J.S.A.
40:55D-1 et seq.
In the case of development of agricultural land, "development"
means: any activity that requires a state permit, any activity reviewed
by the County Agricultural Board (CAB) and the State Agricultural
Development Committee (SADC), and municipal review of any activity
not exempted by the Right to Farm Act, N.J.S.A 4:1C-1 et seq.
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 waterbody or to
a particular point along a receiving waterbody.
An area or feature which is of significant environmental
value, including, but not limited to, stream corridors, natural heritage
priority sites, habitats of endangered or threatened species, large
areas of contiguous open space or upland forest, steep slopes, and
well head protection and groundwater recharge areas. Habitats of endangered
or threatened species are identified using the Department's Landscape
Project as approved by the Department's Endangered and Nongame Species
Program.
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
or endangered species sites and 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.
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 it 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.
An individual development, as well as multiple developments
that individually or collectively result in:
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 (1)(a), (b), (c) or (d) above. Projects undertaken by any government agency that otherwise meet the definition of "major development" but which do not require approval under the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., are also considered "major development."
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.
The manual maintained by the Department providing, in part, design specifications, removal rates, calculation methods, and soil testing procedures approved by the Department as being capable of contributing to the achievement of the stormwater management standards specified in this chapter. The BMP Manual is periodically amended by the Department as necessary to provide design specifications on additional best management practices and new information on already included practices reflecting the best available current information regarding the particular practice and the Department's determination as to the ability of that best management practice to contribute to compliance with the standards contained in this chapter. Alternative stormwater management measures, removal rates, or calculation methods may be utilized, subject to any limitations specified in this chapter, provided the design engineer demonstrates to the municipality, in accordance with Subsection D(6) 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, political subdivision of this state and any state, interstate
or federal agency.
Any dredged spoil, solid waste, incinerator residue, filter
backwash, sewage, garbage, refuse, oil, grease, sewage sludge, munitions,
chemical wastes, biological materials, medical wastes, radioactive
substance [except those regulated under the Atomic Energy Act of 1954,
as amended (42 U.S.C. §§ 2011 et seq.)], thermal waste,
wrecked or discarded equipment, rock, sand, cellar dirt, industrial,
municipal, agricultural, and construction waste or runoff, or other
residue discharged directly or indirectly to the land, ground waters
or surface waters of the state, or to a domestic treatment works.
"Pollutant" includes both hazardous and nonhazardous pollutants.
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 soil, by an existing stormwater management
measure, or by treatment at a wastewater treatment plant, where the
water quality treatment will be modified or removed.
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.
The 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 system),
retain water in a permanent pool (a retention basin), or be planted
mainly with wetland vegetation (most constructed stormwater wetlands).
Any practice, technology, process, program, or other method
intended to control or reduce stormwater runoff and associated pollutants,
or to induce or control the infiltration or groundwater recharge of
stormwater or to eliminate illicit or illegal nonstormwater discharges
into stormwater conveyances.
Water flow on the surface of the ground or in storm sewers,
resulting from precipitation.
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 a
specific portion of that area identified in a stormwater management
plan prepared by that agency.
A flood hazard area in which the flood elevation resulting
from the two-, ten-, or 100-year storm, as applicable, is governed
by tidal flooding from the Atlantic Ocean. Flooding in a tidal flood
hazard area may be contributed to, or influenced by, stormwater runoff
from inland areas, but the depth of flooding generated by the tidal
rise and fall of the Atlantic Ocean is greater than flooding from
any fluvial sources. In some situations, depending upon the extent
of the storm surge from a particular storm event, a flood hazard area
may be tidal in the 100-year storm, but fluvial in more frequent storm
events.
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 Urban Enterprise Zones Act, N.J.S.A. 52:27H-60
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 groundwater, 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 hydrophytic vegetation.
C.
Design and performance standards for stormwater management measures.
(1)
Stormwater management measures for major development shall be
designed to provide erosion control, groundwater recharge, stormwater
runoff quantity control, and stormwater runoff quality treatment as
follows:
(a)
The minimum standards for erosion control are those established
under the Soil and Sediment Control Act, N.J.S.A. 4:24-39 et seq.,
and implementing rules at N.J.A.C. 2:90.
(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.
(a)
Alternative standards shall provide at least as much protection
from stormwater-related loss of groundwater recharge, stormwater quantity
and water quality impacts of major development projects as would be
provided under the standards in N.J.A.C. 7:8-5.
D.
Stormwater management requirements for major development.
(1)
The development shall incorporate a maintenance plan for the
stormwater management measures incorporated into the design of a major
development in accordance with the provisions contained in the stormwater
management regulations and herein.
(2)
Stormwater management measures shall avoid adverse impacts of
concentrated flow on habitat for threatened and endangered species
as documented in the Department's Landscape Project or Natural Heritage
Database established under N.J.S.A. 13:1B-15.147 through 15.150, particularly
Helonias bullata (swamp pink) and/or Clemmys muhlenbergii (bog turtle).
(3)
The following linear development projects are exempt from the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity requirements of Subsection D(16), (17) and (18):
(a)
The construction of an underground utility line provided that
the disturbed areas are revegetated upon completion;
(b)
The construction of an aboveground utility line provided that
the existing conditions are maintained to the maximum extent practicable;
and
(c)
The construction of a public pedestrian access, such as a sidewalk
or trail with a maximum width of 14 feet, provided that the access
is made of permeable material.
(4)
A waiver from strict compliance from the green infrastructure, groundwater recharge, stormwater runoff quality, and stormwater runoff quantity requirements of Subsection D(15), (16), (17) and (18) 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:
(a)
The applicant demonstrates that there is a public need for the
project that cannot be accomplished by any other means;
(d)
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 D(4)(c) above within the upstream drainage area of the receiving stream, that would provide additional opportunities to mitigate the requirements of Subsection D(15), (16), (17) and (18) that were not achievable onsite.
(5)
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 Subsection D(15), (16), (17) and (18). 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.
(6)
Where the BMP tables in the NJ Stormwater Management Rule are
different due to updates or amendments with the tables in this section,
the BMP Tables in the Stormwater Management rule at N.J.A.C. 7:8-5.2(f)
shall take precedence.
|
Table 1
Green Infrastructure BMPs for Groundwater Recharge, Stormwater
Runoff Quality, and/or Stormwater Runoff Quantity
| ||||
|---|---|---|---|---|
|
Best Management Practice
|
Stormwater Runoff Quality TSS Removal Rate
|
Stormwater Runoff Quantity
|
Groundwater Recharge
|
Minimum Separation from Seasonal High Water Table
(feet)
|
|
Cistern
|
0%
|
Yes
|
No
|
--
|
|
Dry well(a)
|
0%
|
No
|
Yes
|
2
|
|
Grass swale
|
50% or less
|
No
|
No
|
2(e)
1(f)
|
|
Green roof
|
0%
|
Yes
|
No
|
--
|
|
Manufactured treatment device(a) (g)
|
50% or 80%
|
No
|
No
|
Dependent upon the device
|
|
Pervious paving system(a)
|
80%
|
Yes
|
Yes(b)
No(c)
|
2(b)
1(c)
|
|
Small-scale bioretention basin(a)
|
80% or 90%
|
Yes
|
Yes(b)
No(c)
|
2(b)
1(c)
|
|
Small-scale infiltration basin(a)
|
80%
|
Yes
|
Yes
|
2
|
|
Small-scale sand filter
|
80%
|
Yes
|
Yes
|
2
|
|
Vegetative filter strip
|
60% to 80%
|
No
|
No
|
--
|
|
Table 2
Green Infrastructure BMPs for Stormwater Runoff Quantity
(or for Groundwater Recharge and/or Stormwater Runoff Quality
with a Waiver or Variance from N.J.A.C. 7:8-5.3)
| ||||
|---|---|---|---|---|
|
Best Management Practice
|
Stormwater Runoff Quality TSS Removal Rate
|
Stormwater Runoff Quantity
|
Groundwater Recharge
|
Minimum Separation from Seasonal High Water Table
(feet)
|
|
Bioretention system
|
80% or 90%
|
Yes
|
Yes(b)
No(c)
|
2(b)
1(c)
|
|
Infiltration basin
|
80%
|
Yes
|
Yes
|
2
|
|
Sand filter(b)
|
80%
|
Yes
|
Yes
|
2
|
|
Standard constructed wetland
|
90%
|
Yes
|
No
|
N/A
|
|
Wet pond(d)
|
50% to 90%
|
Yes
|
No
|
N/A
|
|
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(h)
|
50% or 80%
|
No
|
No
|
Dependent upon the device
|
|
Sand filter(c)
|
80%
|
Yes
|
No
|
1
|
|
Subsurface gravel wetland
|
90%
|
No
|
No
|
1
|
|
Wet pond
|
50% to 90%
|
Yes
|
No
|
N/A
|
|
Notes to Tables 1, 2, and 3:
| |
|
(a)
|
Subject to the applicable contributory drainage area limitation specified at Subsection D(15)(b);
|
|
(b)
|
Designed to infiltrate into the subsoil;
|
|
(c)
|
Designed with underdrains;
|
|
(d)
|
Designed to maintain at least a ten-foot-wide area of native
vegetation along at least 50% of the shoreline and to include a stormwater
runoff retention component designed to capture stormwater runoff for
beneficial reuse, such as irrigation;
|
|
(e)
|
Designed with a slope of less than 2%;
|
|
(f)
|
Designed with a slope of equal to or greater than 2%;
|
|
(g)
|
Manufactured treatment devices that meet the definition of green infrastructure at Subsection B;
|
|
(h)
|
Manufactured treatment devices that do not meet the definition of green infrastructure at Subsection B.
|
(7)
An alternative stormwater management measure, alternative removal rate, and/or alternative method to calculate the removal rate may be used if the design engineer demonstrates the capability of the proposed alternative stormwater management measure and/or the validity of the alternative rate or method to the municipality. A copy of any approved alternative stormwater management measure, alternative removal rate, and/or alternative method to calculate the removal rate shall be provided to the Department in accordance with Subsection F(2). Alternative stormwater management measures may be used to satisfy the requirements at Subsection D(15) only if the measures meet the definition of green infrastructure at Subsection B. Alternative stormwater management measures that function in a similar manner to a BMP listed at Subsection D(15)(b) are subject to the contributory drainage area limitation specified at Subsection D(15)(b) for that similarly functioning BMP. Alternative stormwater management measures approved in accordance with this subsection that do not function in a similar manner to any BMP listed at Subsection D(15)(b) shall have a contributory drainage area less than or equal to 2.5 acres, except for alternative stormwater management measures that function similarly to cisterns, grass swales, green roofs, standard constructed wetlands, vegetative filter strips, and wet ponds, which are not subject to a contributory drainage area limitation. Alternative measures that function similarly to standard constructed wetlands or wet ponds shall not be used for compliance with the stormwater runoff quality standard unless a variance in accordance with N.J.A.C. 7:8-4.6 or a waiver from strict compliance in accordance with Subsection D(4) is granted from Subsection D(15).
(8)
Whenever the stormwater management design includes one or more
BMPs that will infiltrate stormwater into subsoil, the design engineer
shall assess the hydraulic impact on the groundwater table and design
the site so as to avoid adverse hydraulic impacts. Potential adverse
hydraulic impacts include, but are not limited to, exacerbating a
naturally or seasonally high water table, so as to cause surficial
ponding, flooding of basements, or interference with the proper operation
of subsurface sewage disposal systems or other subsurface structures
within the zone of influence of the groundwater mound, or interference
with the proper functioning of the stormwater management measure itself.
(9)
Design standards for stormwater management measures are as follows:
(a)
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);
(b)
Stormwater management measures shall be designed to minimize maintenance, facilitate maintenance and repairs, and ensure proper functioning. Trash racks shall be installed at the intake to the outlet structure, as appropriate, and shall have parallel bars with one-inch spacing between the bars to the elevation of the water quality design storm. For elevations higher than the water quality design storm, the parallel bars at the outlet structure shall be spaced no greater than one-third the width of the diameter of the orifice or one-third the width of the weir, with a minimum spacing between bars of one inch and a maximum spacing between bars of six inches. In addition, the design of trash racks must comply with the requirements of Subsection H(3);
(c)
Stormwater management measures shall be designed, constructed,
and installed to be strong, durable, and corrosion-resistant. Measures
that are consistent with the relevant portions of the Residential
Site Improvement Standards at N.J.A.C. 5:21-7.3, 7.4, and 7.5 shall
be deemed to meet this requirement;
(d)
Stormwater management BMPs shall be designed to meet the minimum safety standards for stormwater management BMPs at Subsection H; and
(e)
The size of the orifice at the intake to the outlet from the
stormwater management BMP shall be a minimum of 2 1/2 inches
in diameter.
(10)
Manufactured treatment devices may be used to meet the requirements of this subchapter, provided the pollutant removal rates are verified by the New Jersey Corporation for Advanced Technology and certified by the Department. Manufactured treatment devices that do not meet the definition of "green infrastructure" at Subsection B may be used only under the circumstances described at Subsection D(15)(d).
(11)
Any application for a new agricultural development that meets the definition of "major development" at Subsection B shall be submitted to the Soil Conservation District for review and approval in accordance with the requirements at Subsection D(15), (16), (17) and (18) 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.
(12)
If there is more than one drainage area, the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at Section Subsection D(16), (17) and (18) and R shall be met in each drainage area, unless the runoff from the drainage areas converge onsite and no adverse environmental impact would occur as a result of compliance with any one or more of the individual standards being determined utilizing a weighted average of the results achieved for that individual standard across the affected drainage areas.
(13)
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 Middlesex County Clerk, as appropriate. A form of deed notice shall be submitted to the municipality for approval prior to filing. The deed notice shall contain a description of the stormwater management measure(s) used to meet the green infrastructure, groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at Subsection D(15), (16), (17) and (18) and shall identify the location of the stormwater management measure(s) in NAD 1983 State Plane New Jersey FIPS 2900 US Feet or Latitude and Longitude in decimal degrees. The deed notice shall also reference the maintenance plan required to be recorded upon the deed pursuant to Subsection J(2)(e). Prior to the commencement of construction, proof that the above required deed notice has been filed shall be submitted to the municipality. Proof that the required information has been recorded on the deed shall be in the form of either a copy of the complete recorded document or a receipt from the clerk or other proof of recordation provided by the recording office. However, if the initial proof provided to the municipality is not a copy of the complete recorded document, a copy of the complete recorded document shall be provided to the municipality within 180 calendar days of the authorization granted by the municipality.
(14)
A stormwater management measure approved under the municipal stormwater management plan or ordinance may be altered or replaced with the approval of the municipality, if the municipality determines that the proposed alteration or replacement meets the design and performance standards pursuant to Subsection D of this section and provides the same level of stormwater management as the previously approved stormwater management measure that is being altered or replaced. If an alteration or replacement is approved, a revised deed notice shall be submitted to the municipality for approval and subsequently recorded with the Office of the County Clerk, as applicable, and shall contain a description and location of the stormwater management measure, as well as reference to the maintenance plan, in accordance with Subsection D(13) above. Prior to the commencement of construction, proof that the above required deed notice has been filed shall be submitted to the municipality in accordance with Subsection D(13) above.
(15)
Green infrastructure standards.
(a)
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.
(b)
To satisfy the groundwater recharge and stormwater runoff quality standards at Subsection D(16) and (17), the design engineer shall utilize green infrastructure BMPs identified in Table 1 at Subsection D(6) and/or an alternative stormwater management measure approved in accordance with Subsection D(7). 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
|
(d)
If a variance in accordance with N.J.A.C. 7:8-4.6 or a waiver from strict compliance in accordance with Subsection D(4) is granted from the requirements of this subsection, then BMPs from Table 1, 2, or 3, and/or an alternative stormwater management measure approved in accordance with Subsection D(7) may be used to meet the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at Subsection D(16), (17) and (18).
(e)
For separate or combined storm sewer improvement projects, such as sewer separation, undertaken by a government agency or public utility (for example, a sewerage company), the requirements of this subsection shall only apply to areas owned in fee simple by the government agency or utility, and areas within a right-of-way or easement held or controlled by the government agency or utility; the entity shall not be required to obtain additional property or property rights to fully satisfy the requirements of this subsection. Regardless of the amount of area of a separate or combined storm sewer improvement project subject to the green infrastructure requirements of this subsection, each project shall fully comply with the applicable groundwater recharge, stormwater runoff quality control, and stormwater runoff quantity standards at Subsection D(16), (17) and (18), unless the project is granted a waiver from strict compliance in accordance with Subsection D(4).
(16)
Groundwater recharge standards.
(a)
This subsection contains the minimum design and performance
standards for groundwater recharge.
(b)
The design engineer shall, using the assumptions and factors for stormwater runoff and groundwater recharge calculations at Subsection E, either:
[1]
Demonstrate through hydrologic and hydraulic analysis
that the site and its stormwater management measures maintain 100%
of the average annual pre-construction groundwater recharge volume
for the site; or
[2]
Demonstrate through hydrologic and hydraulic analysis
that the increase of stormwater runoff volume from pre-construction
to post-construction for the two-year storm is infiltrated.
(c)
This groundwater recharge requirement does not apply to projects within the "urban redevelopment area," or to projects subject to Subsection (16)(d) below.
(d)
The following types of stormwater shall not be recharged:
[1]
Stormwater from areas of high pollutant loading.
High pollutant loading areas are areas in industrial and commercial
developments where solvents and/or petroleum products are loaded/unloaded,
stored, or applied, areas where pesticides are loaded/unloaded or
stored; areas where hazardous materials are expected to be present
in greater than "reportable quantities" as defined by the United States
Environmental Protection Agency (EPA) at 40 CFR 302.4; areas where
recharge would be inconsistent with Department-approved remedial action
work plan or landfill closure plan and areas with high risks for spills
of toxic materials, such as gas stations and vehicle maintenance facilities;
and
[2]
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.
(17)
Stormwater runoff quality standards.
(a)
This subsection contains the minimum design and performance
standards to control stormwater runoff quality impacts of major development.
Stormwater runoff quality standards are applicable when the major
development results in an increase of one-quarter acre or more of
regulated motor vehicle surface.
(b)
Stormwater management measures shall be designed to reduce the
post-construction load of total suspended solids (TSS) in stormwater
runoff generated from the water quality design storm as follows:
[1]
Eighty percent TSS removal of the anticipated load,
expressed as an annual average, shall be achieved for the stormwater
runoff from the net increase of motor vehicle surface.
[2]
If the surface is considered regulated motor vehicle
surface because the water quality treatment for an area of motor vehicle
surface that is currently receiving water quality treatment either
by vegetation or soil, by an existing stormwater management measure,
or by treatment at a wastewater treatment plant is to be modified
or removed, the project shall maintain or increase the existing TSS
removal of the anticipated load expressed as an annual average.
(c)
The requirement to reduce TSS does not apply to any stormwater runoff in a discharge regulated under a numeric effluent limitation for TSS imposed under the New Jersey Pollutant Discharge Elimination System (NJPDES) rules, N.J.A.C. 7:14A, or in a discharge specifically exempt under a NJPDES permit from this requirement. Every major development, including any that discharge into a combined sewer system, shall comply with Subsection D(17)(b) above, unless the major development is itself subject to a NJPDES permit with a numeric effluent limitation for TSS or the NJPDES permit to which the major development is subject exempts the development from a numeric effluent limitation for TSS.
(d)
The water quality design storm is 1.25 inches of rainfall in
two hours. Water quality calculations shall take into account the
distribution of rain from the water quality design storm, as reflected
in Table 4, below. The calculation of the volume of runoff may take
into account the implementation of stormwater management measures.
|
Table 4
Water Quality Design Storm Distribution
| |||||
|---|---|---|---|---|---|
|
Time
(minutes)
|
Cumulative Rainfall
(inches)
|
Time
(minutes)
|
Cumulative Rainfall
(inches)
|
Time
(minutes)
|
Cumulative Rainfall
(inches)
|
|
1
|
0.00166
|
41
|
0.1728
|
81
|
1.0906
|
|
2
|
0.00332
|
42
|
0.1796
|
82
|
1.0972
|
|
3
|
0.00498
|
43
|
0.1864
|
83
|
1.1038
|
|
4
|
0.00664
|
44
|
0.1932
|
84
|
1.1104
|
|
5
|
0.00830
|
45
|
0.2000
|
85
|
1.1170
|
|
6
|
0.00996
|
46
|
0.2117
|
86
|
1.1236
|
|
7
|
0.01162
|
47
|
0.2233
|
87
|
1.1302
|
|
8
|
0.01328
|
48
|
0.2350
|
88
|
1.1368
|
|
9
|
0.01494
|
49
|
0.2466
|
89
|
1.1434
|
|
10
|
0.01660
|
50
|
0.2583
|
90
|
1.1500
|
|
11
|
0.01828
|
51
|
0.2783
|
91
|
1.1550
|
|
12
|
0.01996
|
52
|
0.2983
|
92
|
1.1600
|
|
13
|
0.02164
|
53
|
0.3183
|
93
|
1.1650
|
|
14
|
0.02332
|
54
|
0.3383
|
94
|
1.1700
|
|
15
|
0.02500
|
55
|
0.3583
|
95
|
1.1750
|
|
16
|
0.03000
|
56
|
0.4116
|
96
|
1.1800
|
|
17
|
0.03500
|
57
|
0.4650
|
97
|
1.1850
|
|
18
|
0.04000
|
58
|
0.5183
|
98
|
1.1900
|
|
19
|
0.04500
|
59
|
0.5717
|
99
|
1.1950
|
|
20
|
0.05000
|
60
|
0.6250
|
100
|
1.2000
|
|
21
|
0.05500
|
61
|
0.6783
|
101
|
1.2050
|
|
22
|
0.06000
|
62
|
0.7317
|
102
|
1.2100
|
|
23
|
0.06500
|
63
|
0.7850
|
103
|
1.2150
|
|
24
|
0.07000
|
64
|
0.8384
|
104
|
1.2200
|
|
25
|
0.07500
|
65
|
0.8917
|
105
|
1.2250
|
|
26
|
0.08000
|
66
|
0.9117
|
106
|
1.2267
|
|
27
|
0.08500
|
67
|
0.9317
|
107
|
1.2284
|
|
28
|
0.09000
|
68
|
0.9517
|
108
|
1.2300
|
|
29
|
0.09500
|
69
|
0.9717
|
109
|
1.2317
|
|
30
|
0.10000
|
70
|
0.9917
|
110
|
1.2334
|
|
31
|
0.10660
|
71
|
1.0034
|
111
|
1.2351
|
|
32
|
0.11320
|
72
|
1.0150
|
112
|
1.2367
|
|
33
|
0.11980
|
73
|
1.0267
|
113
|
1.2384
|
|
34
|
0.12640
|
74
|
1.0383
|
114
|
1.2400
|
|
35
|
0.13300
|
75
|
1.0500
|
115
|
1.2417
|
|
36
|
0.13960
|
76
|
1.0568
|
116
|
1.2434
|
|
37
|
0.14620
|
77
|
1.0636
|
117
|
1.2450
|
|
38
|
0.15280
|
78
|
1.0704
|
118
|
1.2467
|
|
39
|
0.15940
|
79
|
1.0772
|
119
|
1.2483
|
|
40
|
0.16600
|
80
|
1.0840
|
120
|
1.2500
|
(e)
If more than one BMP in series is necessary to achieve the required
eighty-percent TSS reduction for a site, the applicant shall utilize
the following formula to calculate TSS reduction:
|
R = A + B - (A x B)/100
|
|
Where
|
|
R = total TSS Percent Load Removal from application
of both BMPs
|
|
A = the TSS Percent Removal Rate applicable to the
first BMP
|
|
B = the TSS Percent Removal Rate applicable to the
second BMP
|
(f)
Stormwater management measures shall also be designed to reduce,
to the maximum extent feasible, the post-construction nutrient load
of the anticipated load from the developed site in stormwater runoff
generated from the water quality design storm. In achieving reduction
of nutrients to the maximum extent feasible, the design of the site
shall include green infrastructure BMPs that optimize nutrient removal
while still achieving the performance standards in Section IV.P, Q
and R.
(g)
In accordance with the definition of "FW1" at N.J.A.C. 7:9B-1.4,
stormwater management measures shall be designed to prevent any increase
in stormwater runoff to waters classified as FW1.
(h)
The Flood Hazard Area Control Act Rules at N.J.A.C. 7:13-4.1(c)1
establish 300-foot riparian zones along Category One waters, as designated
in the Surface Water Quality Standards at N.J.A.C. 7:9B, and certain
upstream tributaries to Category One waters. A person shall not undertake
a major development that is located within or discharges into a 300-foot
riparian zone without prior authorization from the Department under
N.J.A.C. 7:13.
(i)
Pursuant to the Flood Hazard Area Control Act Rules at N.J.A.C.
7:13-11.2(j)3.i, runoff from the water quality design storm that is
discharged within a 300-foot riparian zone shall be treated in accordance
with this subsection to reduce the post-construction load of total
suspended solids by 95% of the anticipated load from the developed
site, expressed as an annual average.
(j)
This stormwater runoff quality standards do not apply to the
construction of one individual single-family dwelling, provided that
it is not part of a larger development or subdivision that has received
preliminary or final site plan approval prior to December 3, 2018,
and that the motor vehicle surfaces are made of permeable material(s)
such as gravel, dirt, and/or shells.
(18)
Stormwater runoff quantity standards.
(a)
This subsection contains the minimum design and performance
standards to control stormwater runoff quantity impacts of major development.
(b)
In order to control stormwater runoff quantity impacts, the design engineer shall, using the assumptions and factors for stormwater runoff calculations at Subsection E, 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 pre-construction runoff hydrographs for the same
storm events;
[2]
Demonstrate through hydrologic and hydraulic analysis
that there is no increase, as compared to the pre-construction condition,
in the peak runoff rates of stormwater leaving the site for the two-,
ten- and 100-year storm events and that the increased volume or change
in timing of stormwater runoff will not increase flood damage at or
downstream of the site. This analysis shall include the analysis of
impacts of existing land uses and projected land uses assuming full
development under existing zoning and land use ordinances in the drainage
area;
[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 pre-construction
peak runoff rates. The percentages apply only to the post-construction
stormwater runoff that is attributable to the portion of the site
on which the proposed development or project is to be constructed;
or
[4]
In tidal flood hazard areas, stormwater runoff
quantity analysis in accordance with Subsection 18(6)(a), (b) and
(c) above is required unless the design engineer demonstrates through
hydrologic and hydraulic analysis that the increased volume, change
in timing, or increased rate of the stormwater runoff, or any combination
of the three will not result in additional flood damage below the
point of discharge of the major development. No analysis is required
if the stormwater is discharged directly into any ocean, bay, inlet,
or the reach of any watercourse between its confluence with an ocean,
bay, or inlet and downstream of the first water control structure.
(c)
The stormwater runoff quantity standards shall be applied at
the site's boundary to each abutting lot, roadway, watercourse, or
receiving storm sewer system.
E.
Calculation of stormwater runoff and groundwater recharge:
(1)
Stormwater runoff shall be calculated in accordance with the
following:
(a)
The design engineer shall calculate runoff using one of the
following methods:
[1]
The USDA Natural Resources Conservation Service (NRCS) methodology, including the NRCS Runoff Equation and Dimensionless Unit Hydrograph, as described in Chapters 7, 9, 10, 15 and 16 Part 630, Hydrology National Engineering Handbook, incorporated herein by reference as amended and supplemented. This methodology is additionally described in Technical Release 55, Urban Hydrology for Small Watersheds (TR-55), dated June 1986, incorporated herein by reference as amended and supplemented. Information regarding the methodology is available from the Natural Resources Conservation Service website at https://www.nrcs.usda.gov/Internet/FSE_DOCUMENTS/stelprdb1044171.pdf or at United States Department of Agriculture Natural Resources Conservation Service, 220 Davison Avenue, Somerset, New Jersey 08873; or
[2]
The Rational Method for peak flow and the Modified
Rational Method for hydrograph computations. The rational and modified
rational methods are described in "Appendix A-9 Modified Rational
Method" in the Standards for Soil Erosion and Sediment Control in
New Jersey, January 2014. This document is available from the State
Soil Conservation Committee or any of the Soil Conservation Districts
listed at N.J.A.C. 2:90-1.3(a)3. The location, address, and telephone
number for each Soil Conservation District is available from the State
Soil Conservation Committee, PO Box 330, Trenton, New Jersey 08625.
The document is also available at: http://www.nj.gov/agriculture/divisions/anr/pdf/2014NJSoilErosionControlStandardsComplete.pdf.
(b)
For the purpose of calculating runoff coefficients and groundwater recharge, there is a presumption that the pre-construction condition of a site or portion thereof is a wooded land use with good hydrologic condition. The term "runoff coefficient" applies to both the NRCS methodology above at Subsection E(1)(a)[1] and the Rational and Modified Rational Methods at Subsection E(1)(a)[2]. A runoff coefficient or a groundwater recharge land cover for an existing condition may be used on all or a portion of the site if the design engineer verifies that the hydrologic condition has existed on the site or portion of the site for at least five years without interruption prior to the time of application. If more than one land cover has existed on the site during the five years immediately prior to the time of application, the land cover with the lowest runoff potential shall be used for the computations. In addition, there is the presumption that the site is in good hydrologic condition (if the land use type is pasture, lawn, or park), with good cover (if the land use type is woods), or with good hydrologic condition and conservation treatment (if the land use type is cultivation).
(c)
In computing pre-construction stormwater runoff, the design
engineer shall account for all significant land features and structures,
such as ponds, wetlands, depressions, hedgerows, or culverts, that
may reduce pre-construction stormwater runoff rates and volumes.
(d)
In computing stormwater runoff from all design storms, the design
engineer shall consider the relative stormwater runoff rates and/or
volumes of pervious and impervious surfaces separately to accurately
compute the rates and volume of stormwater runoff from the site. To
calculate runoff from unconnected impervious cover, urban impervious
area modifications as described in the NRCS Technical Release 55,
Urban Hydrology for Small Watersheds or other methods may be employed.
(e)
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.
(2)
Groundwater recharge may be calculated in accordance with the
following: The New Jersey Geological Survey Report GSR-32, A Method
for Evaluating Groundwater-Recharge Areas in New Jersey, incorporated
herein by reference as amended and supplemented. Information regarding
the methodology is available from the New Jersey Stormwater Best Management
Practices Manual; at the New Jersey Geological Survey website at https://www.nj.gov/dep/njgs/pricelst/gsreport/gsr32.pdf,
or at New Jersey Geological and Water Survey, 29 Arctic Parkway, PO
Box 420 Mail Code 29-01, Trenton, New Jersey 08625-0420.
F.
Sources for technical guidance.
(1)
Technical guidance for stormwater management measures can be
found in the documents listed below, which are available to download
from the Department's website at http://www.nj.gov/dep/stormwater/bmp_manual2.htm.
(a)
Guidelines for stormwater management measures are contained
in the New Jersey Stormwater Best Management Practices Manual, as
amended and supplemented. Information is provided on stormwater management
measures such as, but not limited to, those listed in Tables 1, 2,
and 3.
(b)
Additional maintenance guidance is available on the Department's
website at https://www.njstormwater.org/maintenance_guidance.htm.
(2)
Submissions required for review by the Department should be
mailed to The Division of Water Quality, New Jersey Department of
Environmental Protection, Mail Code 401-02B, PO Box 420, Trenton,
New Jersey 08625-0420.
G.
Solids and floatable materials control standards.
(1)
Site design features identified under Subsection D(6) above, or alternative designs in accordance with Subsection D(7) above, to prevent discharge of trash and debris from drainage systems shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets. For purposes of this subsection, "solid and floatable materials" means sediment, debris, trash, and other floating, suspended, or settleable solids. For exemptions to this standard see Subsection G(1)(b) below.
(a)
Grates.
[1]
Design engineers shall use one of the following
grates whenever they use a grate in pavement or another ground surface
to collect stormwater from that surface into a storm drain or surface
water body under that grate:
[a]
The New Jersey Department of Transportation (NJDOT)
bicycle safe grate, which is described in Chapter 2.4 of the NJDOT
Bicycle Compatible Roadways and Bikeways Planning and Design Guidelines;
or
[b]
A different grate, if each individual clear space
in that grate has an area of no more than 7.0 square inches, or is
no greater than 0.5 inch across the smallest dimension.
[2]
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.
[3]
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.
(b)
The standard in Subsection G(1)(a) above does not apply:
[1]
Where each individual clear space in the curb opening
in existing curb-opening inlet does not have an area of more than
nine square inches;
[2]
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;
[3]
Where flows from the water quality design storm
as specified in N.J.A.C. 7:8 are conveyed through any device (e.g.,
end of pipe netting facility, manufactured treatment device, or a
catch basin hood) that is designed, at a minimum, to prevent delivery
of all solid and floatable materials that could not pass through one
of the following:
[4]
Note that these exemptions do not authorize any
infringement of requirements in the Residential Site Improvement Standards
for bicycle safe grates in new residential development [N.J.A.C. 5:21-4.18(b)2
and 7.4(b)1)].
[5]
Where flows are conveyed through a trash rack that
has parallel bars with one-inch spacing between the bars, to the elevation
of the water quality design storm as specified in N.J.A.C. 7:8; or
[6]
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.
H.
Safety standards for stormwater management basins.
(1)
This section sets forth requirements to protect public safety
through the proper design and operation of stormwater management BMPs.
This section applies to any new stormwater management BMP.
(2)
The provisions of this section are not intended to preempt more stringent municipal or county safety requirements for new or existing stormwater management BMPs. Municipal and county stormwater management plans and ordinances may, pursuant to their authority, require existing stormwater management BMPs to be retrofitted to meet one or more of the safety standards in Subsection H(3)(a), (b) and (c) for trash racks, overflow grates, and escape provisions at outlet structures.
(3)
Requirements for trash racks, overflow grates and escape provisions.
(a)
A trash rack is a device designed to catch trash and debris
and prevent the clogging of outlet structures. Trash racks shall be
installed at the intake to the outlet from the stormwater management
BMP to ensure proper functioning of the BMP outlets in accordance
with the following:
[1]
The trash rack shall have parallel bars, with no
greater than six-inch spacing between the bars;
[2]
The trash rack shall be designed so as not to adversely
affect the hydraulic performance of the outlet pipe or structure;
[3]
The average velocity of flow through a clean trash
rack is not to exceed 2.5 feet per second under the full range of
stage and discharge. Velocity is to be computed on the basis of the
net area of opening through the rack; and
[4]
The trash rack shall be constructed of rigid, durable,
and corrosion-resistant material and designed to withstand a perpendicular
live loading of 300 pounds per square foot.
(b)
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:
[1]
The overflow grate shall be secured to the outlet
structure but removable for emergencies and maintenance.
[2]
The overflow grate spacing shall be no less than
two inches across the smallest dimension
[3]
The overflow grate shall be constructed and installed
to be rigid, durable, and corrosion-resistant, and shall be designed
to withstand a perpendicular live loading of 300 pounds per square
foot.
(c)
Stormwater management BMPs shall include escape provisions as
follows:
[1]
If a stormwater management BMP has an outlet structure, escape provisions shall be incorporated in or on the structure. Escape provisions include the installation of permanent ladders, steps, rungs, or other features that provide easily accessible means of egress from stormwater management BMPs. With the prior approval of the municipality pursuant to Subsection H(3), a freestanding outlet structure may be exempted from this requirement;
[2]
Safety ledges shall be constructed on the slopes of all new stormwater management BMPs having a permanent pool of water deeper than 2 1/2 feet. Safety ledges shall be comprised of two steps. Each step shall be four to six feet in width. One step shall be located approximately 2 1/2 feet below the permanent water surface, and the second step shall be located one to 1 1/2 feet above the permanent water surface. See Subsection H(5) for an illustration of safety ledges in a stormwater management BMP; and
[3]
In new stormwater management BMPs, the maximum
interior slope for an earthen dam, embankment, or berm shall not be
steeper than three horizontal to one vertical.
(4)
Variance or exemption from safety standard. A variance or exemption
from the safety standards for stormwater management BMPs may be granted
only upon a written finding by the municipality that the variance
or exemption will not constitute a threat to public safety.
(5)
Safety Ledge Illustration
|
Elevation View - Basin Safety Ledge Configuration
 |
I.
Requirements for a site development stormwater plan.:
(1)
Submission of site development stormwater plan.
(a)
Whenever an applicant seeks municipal approval of a development subject to this section, the applicant shall submit all of the required components of the Checklist for the Site Development Stormwater Plan at Subsection I(3) below as part of the submission of the application for approval.
(b)
The applicant shall demonstrate that the project meets the standards
set forth in this section.
(2)
Site development stormwater plan approval. The applicant's site
development project shall be reviewed as a part of the review process
by the municipal board or official from which municipal approval is
sought. That municipal board or official shall consult the municipality's
review engineer to determine if all of the checklist requirements
have been satisfied and to determine if the project meets the standards
set forth in this section.
(3)
Submission of site development stormwater plan. The following
information shall be required:
(a)
Topographic base map. The reviewing engineer may require upstream
tributary drainage system information as necessary. It is recommended
that the topographic base map of the site be submitted which extends
a minimum of 200 feet beyond the limits of the proposed development,
at a scale of one inch equals 200 feet or greater, showing two-foot
contour intervals. The map, as appropriate, may indicate the following:
existing surface water drainage, shorelines, steep slopes, soils,
erodible soils, perennial or intermittent streams that drain into
or upstream of the Category One waters, wetlands and floodplains along
with their appropriate buffer strips, marshlands and other wetlands,
pervious or vegetative surfaces, existing man-made structures, roads,
bearing and distances of property lines, and significant natural and
manmade features not otherwise shown.
(b)
Environmental site analysis. A written and graphic description
of the natural and man-made features of the site and its surroundings
should be submitted. This description should include a discussion
of soil conditions, slopes, wetlands, waterways and vegetation on
the site. Particular attention should be given to unique, unusual,
or environmentally sensitive features and to those that provide particular
opportunities or constraints for development.
(c)
Project description and site plans. A map (or maps) at the scale
of the topographical base map indicating the location of existing
and proposed buildings roads, parking areas, utilities, structural
facilities for stormwater management and sediment control, and other
permanent structures. The map(s) shall also clearly show areas where
alterations will occur in the natural terrain and cover, including
lawns and other landscaping, and seasonal high groundwater elevations.
A written description of the site plan and justification for proposed
changes in natural conditions shall also be provided.
(d)
Land use planning and source control plan. This plan shall provide a demonstration of how the goals and standards of Subsections C through E 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.
(e)
Stormwater management facilities map. The following information,
illustrated on a map of the same scale as the topographic base map,
shall be included:
[1]
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.
[2]
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.
(f)
Calculations.
[1]
Comprehensive hydrologic and hydraulic design calculations for the pre-development and post-development conditions for the design storms specified in Subsection D of this section.
[2]
When the proposed stormwater management control
measures depend on the hydrologic properties of soils or require certain
separation from the seasonal high water table, then a soils report
shall be submitted. The soils report shall be based on onsite boring
logs or soil pit profiles. The number and location of required soil
borings or soil pits shall be determined based on what is needed to
determine the suitability and distribution of soils present at the
location of the control measure.
(g)
Maintenance and repair plan. The design and planning of the stormwater management facility shall meet the maintenance requirements of Subsection J.
(h)
Waiver from submission requirements. The municipal official or board reviewing an application under this section may, in consultation with the municipality's review engineer, waive submission of any of the requirements in Subsection I(3)(a) through (f) of this section when it can be demonstrated that the information requested is impossible to obtain or it would create a hardship on the applicant to obtain and its absence will not materially affect the review process.
J.
Maintenance and repair.
(2)
General maintenance.
(a)
The design engineer shall prepare a maintenance plan for the
stormwater management measures incorporated into the design of a major
development.
(b)
The maintenance plan shall contain specific preventative maintenance tasks and schedules; cost estimates, including estimated cost of sediment, debris, or trash removal; and the name, address, and telephone number of the person or persons responsible for preventative and corrective maintenance (including replacement). The plan shall contain information on BMP location, design, ownership, maintenance tasks and frequencies, and other details as specified in Chapter 8 of the NJ BMP Manual, as well as the tasks specific to the type of BMP, as described in the applicable chapter containing design specifics.
(c)
If the maintenance plan identifies a person other than the property
owner (for example, a developer, a public agency or homeowners' association)
as having the responsibility for maintenance, the plan shall include
documentation of such person's or entity's agreement to assume this
responsibility, or of the owner's obligation to dedicate a stormwater
management facility to such person under an applicable ordinance or
regulation.
(d)
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.
(e)
If the party responsible for maintenance identified under Subsection J(2)(c) above is not a public agency, the maintenance plan and any future revisions based on Subsection J(2)(g) below shall be recorded upon the deed of record for each property on which the maintenance described in the maintenance plan must be undertaken.
(f)
Preventative and corrective maintenance shall be performed to
maintain the functional parameters (storage volume, infiltration rates,
inflow/outflow capacity, etc.) of the stormwater management measure,
including, but not limited to, repairs or replacement to the structure;
removal of sediment, debris, or trash; restoration of eroded areas;
snow and ice removal; fence repair or replacement; restoration of
vegetation; and repair or replacement of nonvegetated linings.
(g)
The party responsible for maintenance identified under Subsection J(2)(c) above shall perform all of the following requirements:
[1]
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;
[2]
Evaluate the effectiveness of the maintenance plan
at least once per year and adjust the plan and the deed as needed;
[4]
Post a two-year maintenance guarantee in accordance
with N.J.S.A. 40:55D-53.
(i)
In the event that the stormwater management facility becomes
a danger to public safety or public health, or if it is in need of
maintenance or repair, the municipality shall so notify the responsible
person in writing. Upon receipt of that notice, the responsible person
shall have 14 days to effect maintenance and repair of the facility
in a manner that is approved by the municipal engineer or his designee.
The municipality, in its discretion, may extend the time allowed for
effecting maintenance and repair for good cause. If the responsible
person fails or refuses to perform such maintenance and repair, the
municipality or County may immediately proceed to do so and shall
bill the cost thereof to the responsible person. Nonpayment of such
bill may result in a lien on the property.
(j)
Maintenance and inspection guidance can be found on the Departments'
website at https://www.njstormwater.org/maintenance_guidance.htm.
(3)
Nothing in this subsection shall preclude the municipality in
which the major development is located from requiring the posting
of a performance or maintenance guarantee in accordance with N.J.S.A.
40:55D-53.
K.
Violations and penalties. Any person(s) who erects, constructs, alters,
repairs, converts, maintains, or uses any building, structure or land
in violation of this section may be subject to penalties as permitted
by the Code of the Township of Monroe.
L.
Severability. 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.
M.
When effective. This section shall be in full force and effect from
and after its adoption and any publication as required by law.
