Municipality of Princeton, NJ Division 6 Criteria and Standards

§ T10B-226 Enumeration.

[Ord. No. 2018-11 § 4; amended 1-24-2022 by Ord. No. 2022-01]

The following criteria and standards shall be used by the Planning Board in reviewing applications for site plan approval. In addition, for site plans in a historic preservation zoning district or historic preservation buffer zoning district the standards and criteria set forth in Article XIII, Historic Preservation, shall apply. They are intended to provide a framework within which the designer of the site development is free to exercise creativity, invention, and innovation. The Planning Board shall not specify or favor any particular architectural style or design or assist in the design of any of the buildings submitted for approval. Participation by the Board shall be restricted to a reasonable, professional review and, except as otherwise provided in the following subsections, full responsibility for design shall be retained by the applicant.

(a) Ecological considerations. The development shall, insofar as practicable:

(1) Result in minimal impairment of the regenerative capacity of aquifers and other ground water supplies;

(2) Result in minimal degradation of unique or irreplaceable land types and minimal adverse impact upon the critical areas specified in paragraph (h) of section T10B-233;

(3) Conform with existing geologic and topographic features, to the end that the most appropriate use of land is encouraged; and

(4) Cause minimal interference with the natural functioning of plant and animal life processes.

(b) Landscape. The historic and natural character of the landscape shall be preserved, insofar as practicable and environmentally desirable, by minimizing tree and soil removal. If development of the site necessitates the removal of established trees, special attention shall be given to the planting of replacement trees or to other landscape treatment. (Refer to section T10B-227A for tree preservation, protection and mitigation standards.) Any grade changes shall be in keeping with the general appearance of neighboring developed areas. In historic preservation zoning districts, in historic preservation buffer zoning districts and on historic sites landscaping shall be in keeping with the historic character of the district or site. Flexibility should be provided when reviewing landscaping to include the period of significance and historical characteristics of the district or site.

(c) Relation of proposed structures to environment. Proposed structures shall be related harmoniously to themselves, the terrain, existing buildings and roads, and historically significant features, if any, in the vicinity that have a visual relationship to the proposed structures. The achievement of such harmonious relationship may include the enclosure of space in conjunction with other existing buildings or other proposed buildings and the creation of focal points with respect to avenues of approach, terrain features or other buildings. Proposed structures shall be so sited as to minimize any adverse impact upon the surrounding area, and particularly upon any nearby residences and historic features, by reason of:

(1) Building location, height, bulk and shadows;

(2) Location, intensity, direction and times of use of outdoor or indoor lighting (refer to section T10B-317.1);

(3) Likelihood of nuisances;

(4) Other similar considerations.

Appropriate natural or artificial screening may be required to minimize any such adverse impact.

(d) Scenic, historical, archaeological and landmark sites. Scenic, historical, archaeological and landmark sites and features that are located on or adjacent to the proposed development shall be preserved and protected insofar as practical. Additionally, any existing tree or vegetation that threatens to damage a historic structure in a historic preservation zoning district, a historic preservation buffer zoning district or a historic site on the national or state historic registers shall be considered for removal.

(e) Surface water drainage. As provided pursuant to section T10B-227.

(f) Driveway connections to public streets. All entrance and exit driveways to public streets shall be located with due consideration for traffic flow and so as to afford maximum safety to traffic on the public streets. All such entrances and exits shall be so located and designated as to:

(1) Conform with municipal sight triangle requirements at corners;

(2) Achieve maximum practicable distance from street intersections and from existing and proposed access connections from adjacent properties;

(3) Minimize left-hand turns and other turning movements; and

(4) Discourage the routing of vehicular traffic to and through local residential streets.

(g) Traffic effects. The site development proposal generally shall minimize adverse traffic effects on the road networks serving the area in question, either those existing or as included in the master plan.

(h) Pedestrian and bicycle safety. Insofar as practicable, pedestrian and bicycle circulation shall be separated from motor vehicle circulation. Safe and convenient pedestrian circulation, including appropriate sidewalks, shall be provided on the site and its approaches. The pedestrian circulation plan shall be designed to minimize adverse effects of vehicular traffic upon sidewalks and bicycle paths.

(i) On-site parking and circulation. The location, width and layout of interior drives shall be appropriate for the proposed interior circulation. The location and layout of accessory off-street parking and loading spaces shall provide for efficient circulation and the safety of pedestrians and vehicles. The effect on historic features, if any, shall be considered so as to minimize such effect. Insofar as practicable, separate rows or aisles in parking areas shall be divided by trees, shrubbery, and other landscaping devices. The location of parking areas shall not detract from the design of proposed buildings and structures or from the appearance of the existing neighboring buildings, structures, and landscape. Provision shall be made for access by police, fire, and emergency vehicles.

(j) Utility services. Electric, telephone and other wire served utility lines and service connections shall be underground insofar as feasible and subject to state public utilities regulations. Any utility installations remaining aboveground shall be located so as to have a harmonious relation to neighboring properties and to the site.

(k) Disposal of wastes and recyclables. There shall be adequate provision for the disposal of all solid, liquid and gaseous wastes and for the avoidance or odors and other air pollutants that may be generated at the site. All applicable federal, state and local pollution control standards shall be observed. All commercial, institutional and residential buildings over three units in number shall submit a recycling plan which demonstrates that adequate provisions have been made for recyclable material.

(l) Noise. All applicable federal, state and local regulations dealing with the control of outside noise which is expected to be generated at the site shall be complied with.

(m) Advertising features. The size, location, height, design, color, texture, lighting and materials of permanent signs and outdoor advertising structures or features shall not detract from the design of proposed buildings and structures or of the surrounding properties.

(n) Special features. Outside storage areas, service and machinery installations, service areas, truck loading areas, utility buildings and structures and similar accessory areas and structures shall be subject to such setbacks, screen plantings or other screening methods as shall reasonably be required to prevent any adverse effect upon the environment or nearby property.

(o) Waterway corridors. Site plans shall be designed so as to preserve from disturbance waterway corridors as defined in section T10B-203. For purposes of this section, disturbance shall include but not be limited to:

(1) Cutting and clearing of trees and brush;

(2) Altering of watercourses;

(3) Regrading of the natural contours (filling or removal of fill);

(4) Any construction including any on-site sewage disposal system.

All new lots in major subdivisions and all building locations in major site plans shall be designed to provide sufficient areas outside of waterway corridors and within required setbacks to accommodate a structure for which it is being created as well as any normal accessory uses appurtenant thereto which would require disturbance. The following may be permitted within waterway corridors:

a. Unpaved hiking paths and bridle paths;

b. Installation, repairs, or replacement during periods of low flow of sanitary sewer lines and sewage pumping stations or other utility lines within or across a waterway corridor;

c. Culverts, bridges, road or driveway crossings, and stormwater runoff detention facilities, in cases where location of these outside of the waterway corridor is demonstrated not to be feasible;

d. Fences, provided that they are designed and located so as to allow free passage of floodwaters and debris;

e. Ponds and lakes, if flow of feeder streams can be demonstrated to be sufficient to sustain volume.

Should it be determined that any of the provisions of this paragraph (o) are preempted by the Freshwater Wetlands Protection Act and the regulations promulgated thereunder, then as to any of the provisions of this subparagraph which are preempted, the state law shall apply. This subparagraph shall be administered and construed to the extent practicable so as to avoid preemption by the Freshwater Wetlands Protection Act.

(p) Special technological impacts. Where the proposed site development involves emissions, noise, wastes, materials, equipment, or other hazards which require specialized expertise to evaluate, the administrative officer shall refer the applicant's submissions to the municipal-retained environmental consultant (or to several consultants where more than one field of expertise is involved), requesting an independent review of the environmental impact of the project to be set forth in a report to the Board having review jurisdiction. The cost of these studies shall be charged to the applicant's escrow account established pursuant to section T10B-32.

§ T10B-226.1 Additional design standards for the R-O and MRRO districts.

[Ord. No. 2018-11 § 4]

In addition to the criteria and standards found in section T10B-226, the following criteria and standards shall be used by all municipal agencies in reviewing applications for site plan or subdivision approval in the R-O and MRRO districts. These criteria and standards are intended to provide a framework within which the designer of the site development is free to exercise creativity, invention and innovation.

(a) Building design and location.

(1) New developments should be compatible with surrounding buildings.

(2) New buildings should be integrated in a nondisruptive fashion into the complex balance of bulk, height and scale.

(3) Design elements such as colors, textures and materials should be carefully reviewed and shall be incorporated into construction to help soften and mitigate the appearance of new or existing buildings.

(4) Careful consideration should be given to a visual impact new buildings will have on the surrounding community.

(5) New buildings should be designed to avoid a monolithic appearance.

(b) Reuse and recycling.

(1) To the extent practical, new construction shall comply with the U.S. Green Building Council's Leadership in Energy and Environmental Design (LEED) rating system.

(c) Streetscape.

(1) New building facades along public streets should relate well in composition and scale to development in the area.

(2) Both existing and new building facades should be designed with variable openings that are pedestrian friendly and break up the building face.

(3) Careful consideration shall be given to the mass and bulk of any buildings to insure they are harmonious with their surroundings.

(4) Retail uses should front on Witherspoon Street or public plaza area.

(5) Reuse of existing structures shall include a streetscape plan to provide for a pedestrian friendly area.

(6) Nonresidential uses in the MRRO zone should not extend for more than 180 feet along any exterior facade.

(7) Any development application must include a streetscape plan indicating how the site can become more pedestrian friendly area.

(d) Open space.

(1) Open space should be adequately connected to the public walkway system:

(2) Paving types and patterns should relate to the intended character of the street or open space area.

(3) Street furniture (benches, trash baskets, lamp standards) should be provided to enhance the character of the open space areas.

(4) Open spaces in the MRRO zone should be designed to encourage the interaction of people living within the new development and the neighborhood. The development shall have an enhanced system of public spaces and pathways that provide linkages between and through the development as well as the surrounding neighborhood.

(e) Circulation.

(1) Sidewalks should be provided along any street or drive.

(2) Consideration should be given in the design of any site plan to encourage transit or jitney services.

(3) In the MRRO zone.

a. A new street is envisioned. Access points should be open and accessible by the public. At least two points of vehicular ingress and egress should be provided.

b. Any development should demonstrate how the public and residents will circulate in and through the site.

c. A private gated community is not allowed for the site.

d. Safe and efficient traffic circulation should be provided. Traffic safety studies (indicating peak hour, weekend traffic generation rates and an analysis of the surrounding intersections) sold be provided as part of site plan review for any development of the site.

e. Permitted uses should be supported by a parking garage except for a very limited amount of internal surface parking. If additional parking spaces are required, they should be provided as part of site plan review for any development of the site.

§ T10B-227 Stormwater management: scope and purpose.

[Added 12-7-2020 by Ord. No. 2020-38; 11-21-2023 by Ord. No. 2023-33]

Editor's Note: Ord. No. 2020-38 repealed prior § T10B-227 through § T10B-227.19. Prior history includes Ord. No. 2018-11.

(a) Policy Statement. Flood control, groundwater recharge, and pollutant reduction shall be achieved through the use of stormwater management measures, including low impact development techniques (LID) and green infrastructure Best Management Practices (GI BMPs). LID and GI BMPs 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. LID and GI BMPs should be developed based upon physical site conditions and the origin, nature and the anticipated quantity, or amount, of potential pollutants. Multiple stormwater management BMPs may be necessary to achieve the established performance standards for water quality, quantity, and groundwater recharge.

(b) Purpose. The purpose of sections T10B-227 through T10B-227.13 of this chapter, also referred to herein as the "Stormwater Management Ordinance" or "ordinance," is to establish minimum stormwater management requirements and controls for "major development" and "minor development," as defined below in section T10B-227.1.

(c) Applicability.

(1) This Stormwater Management Ordinance shall be applicable to the following applications:

a. Non-residential minor developments; and

b. Non-residential major developments; and

c. Residential major developments, excepting aspects that are preempted by the Residential Site Improvement Standards at N.J.A.C. 5:21.

d. Residential minor developments, excepting aspects that are preempted by the Residential Site Improvement standards at N.J.A.C. 5:21.

(2) This Stormwater Management Ordinance shall also be applicable to all major developments undertaken by the Municipality of Princeton.

(3) An application required by ordinance pursuant to (c)1 above that has been submitted prior to March 3, 2021, shall be subject to the stormwater management requirements in effect on March 2, 2021.

(4) An application required by ordinance for approval pursuant to (c)1 above that has been submitted on or after March 3, 2021, but prior to November 21, 2023, shall be subject to the stormwater management requirements in effect on November 20, 2023.

(5) Notwithstanding any rule to the contrary, a major development for any public roadway or railroad project conducted by a public transportation entity that has determined a preferred alternative or reached an equivalent milestone before July 17, 2023, shall be subject to the stormwater management requirements in effect prior to July 17, 2023.

(d) Compatibility with other permit and ordinance requirements.

(1) Development approvals issued pursuant to this Stormwater Management Ordinance are to be considered an integral part of development approvals and do not relieve the applicant of the responsibility to secure required permits or approvals for activities regulated by any other applicable code, rule, act, or ordinance. In their interpretation and application, the provisions of this Stormwater Management Ordinance shall be held to be the minimum requirements for the promotion of the public health, safety, and general welfare.

(2) This Stormwater Management Ordinance 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 said requirements 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.

§ T10B-227.1 Stormwater Management: Definitions.

[Added 12-7-2020 by Ord. No. 2020-38; amended 11-21-2023 by Ord. No. 2023-33]

For the purpose of this Stormwater Management Ordinance, the following terms, phrases, words and their derivations shall have the meanings stated herein unless their use in the text of this Stormwater Management Ordinance 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.

To the extent of any inconsistency between the general definitions contained in section T10B-2 of this chapter, the definitions below shall control in the context of stormwater management.

BEST MANAGEMENT PRACTICES (BMPS)

Is used interchangeably with "Stormwater management measures".

COMMUNITY BASIN

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.

COMPACTION

The increase in soil bulk density that reduces a soil's infiltration rate.

CONTRIBUTORY DRAINAGE AREA

The area from which stormwater runoff drains to a stormwater management measure, not including the area of the stormwater management measure itself.

CORE

A pedestrian-oriented area of commercial and civic uses serving the surrounding municipality, generally including housing and access to public transportation.

CORE FOREST

Any forest, as defined below, that has some portion at least 330 feet from all edges of the total forest area.

COUNTY REVIEW AGENCY

The Mercer County Planning Board as designated by the Mercer County Board of County Commissioners to review municipal stormwater management plans and implementing ordinance(s).

DEPARTMENT

The Department of Environmental Protection.

DESIGN ENGINEER

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.

DESIGNATED CENTER

A State Development and Redevelopment Plan Center as designated by the State Planning Commission such as urban, regional, town, village, or hamlet.

DEVELOPMENT

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.

DISTURBANCE

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.

DRAINAGE AREA

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.

EMPOWERMENT NEIGHBORHOODS

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.

ENVIRONMENTALLY CONSTRAINED AREA

The following areas where the physical alteration of the land is in some way restricted, either through regulation, easement, deed restriction or ownership such as: wetlands, floodplains, threatened and endangered species sites or designated habitats, and parks and preserves. Habitats of endangered or threatened species are identified using the Department's Landscape Project as approved by the Department's Endangered and Nongame Species Program.

ENVIRONMENTALLY CRITICAL AREA

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.

EROSION

The detachment and movement of soil or rock fragments by water, wind, ice, or gravity.

FOREST

A wooded area having an ecosystem typically consisting of a thick growth of trees and plants that has occurred through natural succession or reforestation, that exhibits or normally exhibits a contiguous or nearly contiguous tree canopy of greater than either 200 feet in width in any direction and one acre in area. The term "forest" shall include, but not be limited to, "core forest" as defined above.

GREEN INFRASTRUCTURE

A stormwater management measure that manages stormwater close to its source by:

(a) Treating stormwater runoff through infiltration into subsoil;

(b) Treating stormwater runoff through filtration by vegetation or soil; or

(c) Storing stormwater runoff for reuse.

HUC 14 or HYDROLOGIC UNIT CODE 14

An area within which water drains to a particular receiving surface water body, also known as a subwatershed, which is identified by a 14-digit hydrologic unit boundary designation, delineated within New Jersey by the United States Geological Survey.

IMPERVIOUS SURFACE

A surface that has been covered with a layer of material or compacted so that it is highly resistant to infiltration by water. Impervious surfaces include but are not limited to roofs, and asphalt, concrete, and stone roads, parking lots, drives, sidewalks, porous asphalt or concrete, pools, and patios.

INFILTRATION

Is the process by which water seeps into the soil from precipitation.

LEAD PLANNING AGENCY

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.

LOW IMPACT DEVELOPMENT TECHNIQUES (LID)

Utilizing strategies and measures that manage stormwater runoff quantity and quality in the absence of structural stormwater measures, such as minimizing site disturbance, preserving natural vegetation and other important site features such as forests and especially core forests, reducing and disconnecting impervious cover, minimizing proposed ground slopes, utilizing native vegetation, minimizing turf grass lawns, revegetating areas, increasing time of concentration, and maintaining and enhancing natural drainage features and characteristics.

MAJOR DEVELOPMENT

Any development that, individually or collectively since February 2, 2004, results in either the disturbance of one-half or more acres of land or an increase in impervious surface of 5,000 square feet. "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 the above criteria.

Projects undertaken by any government agency 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." For such projects, major development shall be defined as any construction activity that permanently disturbs one or more acres of land since February 2, 2004 or the creation of one-quarter acre or more of "regulated impervious surface" or "regulated motor vehicle surface" since February 2, 2004.

MINOR DEVELOPMENT

Any development which results in an increase in impervious surface of 400 or more square feet but does not meet the definition of a "major development." "Minor development" shall not include "small project" as defined in section T10B-241 of this chapter. The amount of disturbance or impervious surface shall be measured on a cumulative basis since February 2, 2004.

MOTOR VEHICLE

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-karts, gas buggies, golf carts, ski-slope grooming machines, or vehicles that run only on rails or tracks.

MOTOR VEHICLE SURFACE

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.

MUNICIPALITY

The Municipality of Princeton.

NEW JERSEY STORMWATER BEST MANAGEMENT PRACTICES (BMP) MANUAL or BMP MANUAL

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 T10B-227.3(h) of this Stormwater Management Ordinance and N.J.A.C. 7:8-5.2(g), that the proposed measure and its design will contribute to achievement of the design and performance standards established by this chapter.

NODE

An area designated by the State Planning Commission concentrating facilities and activities which are not organized in a compact form.

NUTRIENT

A chemical element or compound, such as nitrogen or phosphorus, which is essential to and promotes the development of organisms, but in excess, can be harmful to organisms and contribute to harmful algal blooms and eutrophication of lakes and ponds.

PERSON

Any individual, corporation, company, partnership, firm, association, political subdivision of this State and any state, interstate or Federal agency.

POLLUTANT

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.

PUBLIC ROADWAY OR RAILROAD

A pathway for use by motor vehicles or trains that is intended for public use and is constructed by, or on behalf of, a public transportation entity. A public roadway or railroad does not include a roadway or railroad constructed as part of a private development, regardless of whether the roadway or railroad is ultimately to be dedicated to and/or maintained by a governmental entity.

PUBLIC TRANSPORTATION ENTITY

A Federal, State, county, or municipal government, an independent State authority, or a statutorily authorized public-private partnership program pursuant to P.L. 2018, c.90 (N.J.S.A. 40A:11-52 et seq.), that performs a public roadway or railroad project that includes new construction, expansion, reconstruction, or improvement of a public roadway or railroad.

RECHARGE

The amount of water from precipitation that infiltrates into the ground and is not evaporated or transpired.

REGULATED IMPERVIOUS SURFACE

Any of the following, alone or in combination:

(a) A net increase of impervious surface;

(b) 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);

(c) The total area of impervious surface proposed to be newly collected by an existing stormwater conveyance system; and/or

(d) The total area of impervious surface collected by an existing stormwater conveyance system where the capacity of that conveyance system is increased.

REGULATED MOTOR VEHICLE SURFACE

Any of the following, alone or in combination:

(a) A net increase in motor vehicle surface; and/or

(b) The total 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, where the water quality treatment will be modified or removed.

SEDIMENT

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.

SITE

The lot or lots upon which a major development is to occur or has occurred.

SOIL

All unconsolidated mineral and organic material of any origin.

STATE DEVELOPMENT AND REDEVELOPMENT PLAN METROPOLITAN PLANNING AREA (PA1)

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.

STATE PLAN POLICY MAP

Is defined as the geographic application of the State Development and Redevelopment Plan's goals and statewide policies, and the official map of these goals and policies.

STORMWATER

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.

STORMWATER MANAGEMENT BASIN

An excavation or embankment and related areas designed to retain stormwater runoff. A stormwater management basin 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).

STORMWATER MANAGEMENT MEASURE

Any practice, technology, process, program, facility, or other method intended to control or reduce stormwater runoff and associated pollutants, or to induce or control the infiltration of groundwater recharge of stormwater or to eliminate illicit or illegal non-stormwater discharges into stormwater conveyances.

STORMWATER MANAGEMENT PLANNING AGENCY

A public body authorized by legislation to prepare stormwater management plans.

STORMWATER MANAGEMENT PLANNING AREA

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.

STORMWATER RUNOFF

Water flow on the surface of the ground or in storm sewers, resulting from precipitation.

TECHNICAL IMPRACTICABILITY

That an applicant demonstrates that it cannot fully meet one or more of the design and performance standards on-site for engineering, environmental, or safety reasons. The demonstration of technical impracticability shall be for each drainage area on-site.

URBAN COORDINATING COUNCIL EMPOWERMENT NEIGHBORHOOD

A neighborhood given priority access to State resources through the New Jersey Redevelopment Authority.

URBAN ENTERPRISE ZONES

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.

URBAN REDEVELOPMENT AREA

Is defined as previously developed portions of areas:

(a) Delineated on the State Plan Policy Map (SPPM) as the Metropolitan Planning Area (PA1), Designated Centers, Cores or Nodes;

(b) Designated as CAFRA Centers, Cores or Nodes;

(c) Designated as Urban Enterprise Zones; and

(d) Designated as Urban Coordinating Council Empowerment Neighborhoods.

WATER CONTROL STRUCTURE

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.

WATERS OF THE STATE

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.

WETLANDS or WETLAND

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.

§ T10B-227.2 Stormwater management: design and performance standards for stormwater management measures.

[Added 12-7-2020 by Ord. No. 2020-38]

(a) The development design shall limit the creation of stormwater runoff through implementation of Low Impact Development Techniques without reduction of the allowable development given the applicable zoning and other provisions of State law or regulations, or of municipal ordinance.

(b) Stormwater management measures for major development shall be designed to provide erosion control, groundwater recharge, stormwater runoff quantity control, and stormwater runoff quality treatment as follows:

(1) The minimum standards for erosion control are those established under the Soil and Sediment Control Act, N.J.S.A. 4:24-39 et seq., and implementing rules at N.J.A.C. 2:90.

(2) The minimum standards for groundwater recharge, stormwater quality, and stormwater runoff quantity shall be met by incorporating green infrastructure.

(c) The standards in this Stormwater Management Ordinance 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.

(d) Except as may be specifically provided in this Stormwater Management Ordinance, the stormwater management requirements and standards applicable to minor development (non-residential and residential), as defined in this Stormwater Management Ordinance, shall be the same requirements and standards for "small projects" as set forth in Sections T10B-331.1 through T10B-331.7 of article XI.

§ T10B-227.3 Stormwater management: requirements for major development.

[Added 12-7-2020 by Ord. No. 2020-38; amended 11-21-2023 by Ord. No. 2023-33]

(a) The development design shall use low impact development techniques to achieve the minimum of stormwater runoff that must be managed through green infrastructure and other stormwater management measures. Retention of natural landscape features, especially core forests, shall be emphasized in the design.

(b) The development shall incorporate a maintenance plan for the stormwater management measures incorporated into the design of a major development in accordance with section T10B-227.9 below.

(c) Stormwater management measures shall avoid adverse impacts of concentrated flow on habitat for threatened and endangered species as documented in the Department's Landscape Project or Natural Heritage Database established under N.J.S.A. 13:1B-15.147 through 15.150, particularly Helonias bullata (swamp pink) and/or Clemmys muhlnebergi (bog turtle).

(d) The following linear development projects are exempt from the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity requirements of subsection T10B-227.3(r), (s) and (t):

(1) The construction of an underground utility line provided that the disturbed areas are revegetated upon completion;

(2) The construction of an aboveground utility line provided that the existing conditions are maintained to the maximum extent practicable; and

(3) The construction of a public pedestrian access, such as a sidewalk or trail with a maximum width of 14 feet, provided that the access is made of permeable material.

(e) A waiver from strict compliance from the green infrastructure, groundwater recharge, stormwater runoff quality, and stormwater runoff quantity requirements of subsection T10B-227.3(q), (r), (s) and (t) may be obtained from the board of jurisdiction for the enlargement of an existing public roadway or railroad; or the construction or enlargement of a public pedestrian access, provided that the following conditions are met:

(1) The applicant demonstrates that there is a public need for the project that cannot be accomplished by any other means;

(2) The applicant demonstrates through an alternatives analysis, that through the use of stormwater management measures, the option selected complies with the requirements of subsection T10B-227.3(q), (r), (s) and (t) to the maximum extent practicable;

(3) The applicant demonstrates that, in order to meet the requirements of subsection T10B-227.3(q), (r), (s) and (t), existing structures currently in use, such as homes and buildings, would need to be condemned; and

(4) The applicant demonstrates that it does not own or have other rights to areas, including the potential to obtain through condemnation lands not falling under subsection T10B-227.3(e)(3) above within the upstream drainage area of the receiving stream, that would provide additional opportunities to mitigate the requirements of subsection T10B-227.3(q), (r), (s) and (t) that were not achievable onsite.

(f) (Reserved)

(g) 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 T10B-227.3(q), (r), (s) and (t). 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://dep.nj.gov/stor mwater/bmp-manual/.

(h) Where the BMP tables in the NJ Stormwater Management Rule are more stringent than the tables in the Stormwater Management Requirements due to update or amendments to the Stormwater Management Rule, the BMP Tables in the Stormwater Management rule at N.J.A.C. 7:8-5.2(f) shall take precedence.

Table 1 Green Infrastructure BMPs for Groundwater Recharge, Stormwater Runoff Quality, and/or Stormwater Runoff Quantity
Best Management Practice	Stormwater Runoff Quality TSS Removal Rate (percent)	Stormwater Runoff Quantity	Groundwater Recharge	Minimum Separation from Seasonal High Water Table (feet)
Cistern	0	Yes	No	—
Dry Well(a)	0	No	Yes	2
Grass Swale	50 or less	No	No	2(e) 1(f)
Green Roof	0	Yes	No	—
Manufactured Treatment Device(a) (g)	As Certified	No	No	Dependent upon the device
Pervious Paving System(a)	80	Yes	Yes(b) No(c)	2(b) 1(c)
Small-Scale Bioretention Basin(a)	80 or 90	Yes	Yes(b) No(c)	2(b) 1(c)
Small-Scale Infiltration Basin(a)	80	Yes	Yes	2
Small-Scale Sand Filter	80	Yes	Yes	2
Vegetative Filter Strip	60-80	No	No	—

(Notes corresponding to annotations ^(a) through ^(g) are found below Table 3.)

Table 2 Green Infrastructure BMPs for Stormwater Runoff Quantity (or for Groundwater Recharge and/or Stormwater Runoff Quality with a Waiver or Variance from N.J.A.C. 7:8-5.3)
Best Management Practice	Stormwater Runoff Quality TSS Removal Rate (percent)	Stormwater Runoff Quantity	Groundwater Recharge	Minimum Separation from Seasonal High Water Table (feet)
Bioretention System	80 or 90	Yes	Yes(b) No(c)	2(b) 1(c)
Infiltration Basin	80	Yes	Yes	2
Sand Filter(b)	80	Yes	Yes	2
Standard Constructed Wetland	90	Yes	No	N/A
Wet Pond(d)	50-90	Yes	No	N/A

(Notes corresponding to annotations ^(b) through ^(d) are found below Table 3.)

Table 3 BMPs for Groundwater Recharge, Stormwater Runoff Quality, and/or Stormwater Runoff Quantity only with a Waiver or Variance from N.J.A.C. 7:8-5.3
Best Management Practice	Stormwater Runoff Quality TSS Removal Rate (percent)	Stormwater Runoff Quantity	Groundwater Recharge	Minimum Separation from Seasonal High Water Table (feet)
Blue Roof	0	Yes	No	N/A
Extended Detention Basin	40-60	Yes	No	1
Manufactured Treatment Device(h)	As certified	No	No	Dependent upon the device
Sand Filter(c)	80	Yes	No	1
Subsurface Gravel Wetland	90	No	No	1
Wet Pond	50-90	Yes	No	N/A

Notes to Tables 1, 2, and 3:
(a)	Subject to the applicable contributory drainage area limitation specified at subsection T10B-227.3(q)(2);
(b)	Designed to infiltrate into the subsoil;
(c)	Designed with underdrains;
(d)	Designed to maintain at least a 10-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 T10B-227.1;
(h)	Manufactured treatment devices that do not meet the definition of green infrastructure at subsection T10B-227.1.

(i) 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 T10B-227.5(b). Alternative stormwater management measures may be used to satisfy the requirements at subsection T10B-227.3(q) only if the measures meet the definition of green infrastructure at subsection T10B-227.1. Alternative stormwater management measures that function in a similar manner to a BMP listed at subsection T10B-227.3(q)(2) are subject to the contributory drainage area limitation specified at subsection T10B-227.3(q)(2) for that similarly functioning BMP. Alternative stormwater management measures approved in accordance with this subsection that do not function in a similar manner to any BMP listed at subsection T10B-227.3(q)(2) shall have a contributory drainage area less than or equal to 2.5 acres, except for alternative stormwater management measures that function similarly to cisterns, grass swales, green roofs, standard constructed wetlands, vegetative filter strips, and wet ponds, which are not subject to a contributory drainage area limitation. Alternative measures that function similarly to standard constructed wetlands or wet ponds shall not be used for compliance with the stormwater runoff quality standard unless a variance in accordance with N.J.A.C. 7:8-4.6 or a waiver from strict compliance in accordance with subsection T10B-227.3(e) is granted from subsection T10B-227.3(q).

(j) 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.

(k) Design standards for stormwater management measures are as follows:

(1) The design standards of this section shall apply to the management of stormwater that will be created after application of low impact development techniques required by subsections T10B-227.2(a) and T10B-227.3(a);

(2) Stormwater management measures shall be designed to take into account the existing site and surrounding area conditions, including, but not limited to, environmentally critical areas; areas of forests and core forests; 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);

(3) Stormwater management measures shall be designed and demonstrated not to have the potential to degrade groundwater, surface waters, or wetlands either on site or adjacent to the property.

(4) 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 1/3 the width of the weir, with a minimum spacing between bars of one inch and a maximum spacing between bars of six inches. In addition, the design of trash racks must comply with the requirements of subsection T10B-227.7(c);

(5) 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;

(6) Stormwater management BMPs shall be designed to meet the minimum safety standards for stormwater management BMPs at subsection T10B-227.7; and

(7) 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.

(l) Manufactured treatment devices may be used to meet the requirements of this section, provided the pollutant removal rates are verified by the New Jersey Corporation for Advanced Technology and certified by the Department. Manufactured treatment devices that do not meet the definition of green infrastructure at Section II may be used only under the circumstances described at subsection T10B-227.3(q)(4).

(m) Any application for a new agricultural development that meets the definition of major development at section T10B-227.1 shall be submitted to the Soil Conservation District for review and approval in accordance with the requirements at subsections T10B-227.3(q), (r), (s) and (t) 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.

(n) If there is more than one drainage area, the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at subsections T10B-227.3(r), (s) and (t) 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.

(o) Any stormwater management measure authorized under the municipal stormwater management plan or ordinance shall be reflected in a deed notice recorded in the Mercer County Office of the County Clerk. A form of deed notice shall be submitted to the municipality for approval prior to filing. The deed notice shall contain a description of the stormwater management measure(s) used to meet the green infrastructure, groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at subsections T10B-227.3(q), (r), (s) and (t) 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 T10B-227.9(b)(5). Proof that the above required deed notice has been filed shall be submitted to the municipality prior to issuance of certificate of occupancy or final inspection. 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.

(p) 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 T10B-227.3 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 Mercer County Office of the County Clerk and shall contain a description and location of the stormwater management measure, as well as reference to the maintenance plan, in accordance with subsection T10B-227.3(o) above. Proof that the above required deed notice has been filed shall be submitted to the municipality prior to issuance of certificate of occupancy or final inspection in accordance with subsection T10B-227.3(o) above.

(q) Green Infrastructure Standards.

(1) This subsection specifies the types of green infrastructure BMPs that may be used to satisfy the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards.

(2) To satisfy the groundwater recharge and stormwater runoff quality standards at subsection T10B-227.3(r) and (s), the design engineer shall utilize green infrastructure BMPs identified in Table 1 at subsection T10B-227.3(h) and/or an alternative stormwater management measure approved in accordance with subsection T10B-227.3(i). The following green infrastructure BMPs are subject to the following maximum contributory drainage area limitations:

Best Management Practice	Maximum Contributory Drainage Area
Dry Well	1 acre
Manufactured Treatment Device	2.5 acres
Pervious Pavement Systems	Area of additional inflow cannot exceed three times the area occupied by the BMP
Small-scale Bioretention Systems	2.5 acres
Small-scale Infiltration Basin	2.5 acres
Small-scale Sand Filter	2.5 acres

(3) To satisfy the stormwater runoff quantity standards at subsection T10B-227.3(t), the design engineer shall utilize BMPs from Table 1 or from Table 2 and/or an alternative stormwater management measure approved in accordance with subsection T10B-227.3(i).

(4) If a variance in accordance with N.J.A.C. 7:8-4.6 or a waiver from strict compliance in accordance with subsection T10B-227.3(e)) 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 T10B-227.3(i) may be used to meet the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at subsection T10B-227.3(r), (s) and (t).

(5) For separate or combined storm sewer improvement projects, such as sewer separation, undertaken by a government agency or public utility (for example, a sewerage company), the requirements of this subsection shall only apply to areas owned in fee simple by the government agency or utility, and areas within a right-of-way or easement held or controlled by the government agency or utility; the entity shall not be required to obtain additional property or property rights to fully satisfy the requirements of this subsection. Regardless of the amount of area of a separate or combined storm sewer improvement project subject to the green infrastructure requirements of this subsection, each project shall fully comply with the applicable groundwater recharge, stormwater runoff quality control, and stormwater runoff quantity standards at subsection T10B-227.3(r), (s) and (t), unless the project is granted a waiver from strict compliance in accordance with subsection T10B-227.3(e).

(r) Groundwater Recharge Standards.

(1) This subsection contains the minimum design and performance standards for groundwater recharge as follows.

(2) The design engineer shall, using the assumptions and factors for stormwater runoff and groundwater recharge calculations at subsection T10B-227.4, either:

a. Demonstrate through hydrologic and hydraulic analysis that the site and its stormwater management measures maintain 100% of the average annual pre-construction groundwater recharge volume for the site; or

b. Demonstrate through hydrologic and hydraulic analysis that the increase of stormwater runoff volume from pre-construction to post-construction for the projected two-year storm, as defined and determined pursuant to Section T10B-227.4 (d) of this section, is infiltrated.

(3) This groundwater recharge requirement does not apply to projects within the "urban redevelopment area," or to projects subject to subsection T10B-227.4(r)(4) below.

(4) The following types of stormwater shall not be recharged:

a. Stormwater from areas of high pollutant loading. High pollutant loading areas are areas in industrial and commercial developments where solvents and/or petroleum products are loaded/unloaded, stored, or applied, areas where pesticides are loaded/unloaded or stored; areas where hazardous materials are expected to be present in greater than "reportable quantities" as defined by the United States Environmental Protection Agency (EPA) at 40 CFR 302.4; areas where recharge would be inconsistent with Department approved remedial action work plan approved pursuant to the Administrative Requirements for the Remediation of Contaminated Sites rules, N.J.A.C. 7:26C, or Department landfill closure plan and areas; and areas with high risks for spills of toxic materials, such as gas stations and vehicle maintenance facilities; and

b. Industrial stormwater exposed to "source material." "Source material" means any material(s) or machinery, located at an industrial facility, that is directly or indirectly related to process, manufacturing or other industrial activities, which could be a source of pollutants in any industrial stormwater discharge to groundwater. Source materials include, but are not limited to, raw materials; intermediate products; final products; waste materials; by-products; industrial machinery and fuels, and lubricants, solvents, and detergents that are related to process, manufacturing, or other industrial activities that are exposed to stormwater.

(s) Stormwater Runoff Quality Standards.

(1) This subsection contains the minimum design and performance standards to control stormwater runoff quality impacts of major development. Stormwater runoff quality standards are applicable when the major development results in an increase of 5,000 square feet or more of regulated motor vehicle surface.

(2) Stormwater management measures shall be designed to reduce the post-construction load of total suspended solids (TSS) in stormwater runoff generated from the water quality design storm as follows:

a. 80% TSS removal of the anticipated load, expressed as an annual average shall be achieved for the stormwater runoff from the net increase of motor vehicle surface.

b. If the surface is considered regulated motor vehicle surface because the water quality treatment for an area of motor vehicle surface that is currently receiving water quality treatment either by vegetation or soil, by an existing stormwater management measure, or by treatment at a wastewater treatment plant is to be modified or removed, the project shall maintain or increase the existing TSS removal of the anticipated load expressed as an annual average.

c. If the runoff from a project site will drain, directly or indirectly, into a water with a Total Maximum Daily Load (TMDL), then the TSS reduction shall be increased to be consistent with the reductions set forth in the TMDL.

d. If the runoff from a project site will drain, directly or indirectly, into an impaired water that is listed under New Jersey's Integrated Water Quality Assessment Report, then TSS shall be removed to the maximum extent practicable.

(3) The requirement to reduce TSS does not apply to any stormwater runoff in a discharge regulated under a numeric effluent limitation for TSS imposed under the New Jersey Pollutant Discharge Elimination System (NJPDES) rules, N.J.A.C. 7:14A, or in a discharge specifically exempt under a NJPDES permit from this requirement. Every major development, including any that discharge into a combined sewer system, shall comply with subsection T10B-227.4(s)(2) above, unless the major development is itself subject to a NJPDES permit with a numeric effluent limitation for TSS or the NJPDES permit to which the major development is subject exempts the development from a numeric effluent limitation for TSS.

(4) The water quality design storm is 1.25 inches of rainfall in two hours. Water quality calculations shall take into account the distribution of rain from the water quality design storm, as reflected in Table 4, below. The calculation of the volume of runoff may take into account the implementation of stormwater management measures.

Table 4 - Water Quality Design Storm Distribution
Time (Minutes)	Cumulative Rainfall (Inches)	Time (Minutes)	Cumulative Rainfall (Inches)	Time (Minutes)	Cumulative Rainfall (Inches)
1	0.00166	41	0.1728	81	1.0906
2	0.00332	42	0.1796	82	1.0972
3	0.00498	43	0.1864	83	1.1038
4	0.00664	44	0.1932	84	1.1104
5	0.00830	45	0.2000	85	1.1170
6	0.00996	46	0.2117	86	1.1236
7	0.01162	47	0.2233	87	1.1302
8	0.01328	48	0.2350	88	1.1368
9	0.01494	49	0.2466	89	1.1434
10	0.01660	50	0.2583	90	1.1500
11	0.01828	51	0.2783	91	1.1550
12	0.01996	52	0.2983	92	1.1600
13	0.02164	53	0.3183	93	1.1650
14	0.02332	54	0.3383	94	1.1700
15	0.02500	55	0.3583	95	1.1750
16	0.03000	56	0.4116	96	1.1800
17	0.03500	57	0.4650	97	1.1850
18	0.04000	58	0.5183	98	1.1900
19	0.04500	59	0.5717	99	1.1950
20	0.05000	60	0.6250	100	1.2000
21	0.05500	61	0.6783	101	1.2050
22	0.06000	62	0.7317	102	1.2100
23	0.06500	63	0.7850	103	1.2150
24	0.07000	64	0.8384	104	1.2200
25	0.07500	65	0.8917	105	1.2250
26	0.08000	66	0.9117	106	1.2267
27	0.08500	67	0.9317	107	1.2284
28	0.09000	68	0.9517	108	1.2300
29	0.09500	69	0.9717	109	1.2317
30	0.10000	70	0.9917	110	1.2334
31	0.10660	71	1.0034	111	1.2351
32	0.11320	72	1.0150	112	1.2367
33	0.11980	73	1.0267	113	1.2384
34	0.12640	74	1.0383	114	1.2400
35	0.13300	75	1.0500	115	1.2417
36	0.13960	76	1.0568	116	1.2434
37	0.14620	77	1.0636	117	1.2450
38	0.15280	78	1.0704	118	1.2467
39	0.15940	79	1.0772	119	1.2483
40	0.16600	80	1.0840	120	1.2500

(5) If more than one BMP in series is necessary to achieve the required 80% TSS reduction for a site, the applicant shall utilize the following formula to calculate TSS reduction:

R = A + B - (A x B)/100

Where:
R	=	total TSS Percent Load Removal from application of both BMPs.
A	=	the TSS Percent Removal Rate applicable to the first BMP.
B	=	the TSS Percent Removal Rate applicable to the second BMP.

(6) Stormwater management measures shall also be designed to reduce, to the maximum extent feasible, the post-construction nutrient load of the anticipated load from the developed site in stormwater runoff generated from the water quality design storm. In achieving reduction of nutrients to the maximum extent feasible, the design of the site shall include green infrastructure BMPs that optimize nutrient removal while still achieving the performance standards in N.J.A.C. 7:8-5.4 and 5.6 and subsection T10B-227.3(r), (s) and (t).

(7) In accordance with the definition of FW1 at N.J.A.C. 7:9B-1.4, stormwater management measures shall be designed to prevent any increase in stormwater runoff to waters classified as FW1.

(8) The Flood Hazard Area Control Act Rules at N.J.A.C. 7:13-4.1(c)1 establish 300-foot riparian zones along Category One waters, as designated in the Surface Water Quality Standards at N.J.A.C. 7:9B, and certain upstream tributaries to Category One waters. A person shall not undertake a major development that is located within or discharges into a 300-foot riparian zone without prior authorization from the Department under N.J.A.C. 7:13.

(9) Pursuant to the Flood Hazard Area Control Act Rules at N.J.A.C. 7:13-11.2(j)3.i, runoff from the water quality design storm that is discharged within a 300-foot riparian zone shall be treated in accordance with this subsection to reduce the post-construction load of total suspended solids by 95% of the anticipated load from the developed site, expressed as an annual average.

(10) The 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.

(t) Stormwater Runoff Quantity Standards.

(1) This subsection contains the minimum design and performance standards to control stormwater runoff quantity impacts of major development.

(2) The site shall be designed to manage through on-site retention of the water quality design storm. The management shall be through the utilization of one or more green infrastructure techniques.

(3) In order to control stormwater runoff quantity impacts, the design engineer shall, using the assumptions and factors for stormwater runoff calculations at section T10B-227.4, complete one of the following:

a. Demonstrate through hydrologic and hydraulic analysis that for stormwater leaving the site, post-construction runoff hydrographs for the current and projected 2-, 10-, and 100-year storm events, as defined and determined in Section T10B-227.4(c) and (d), respectively, of this section, do not exceed, at any point in time, the preconstruction runoff hydrographs for the same storm events at all points of runoff from the site;

b. Demonstrate through hydrologic and hydraulic analysis that there is no increase, as compared to the pre-construction condition, in the peak runoff rates of stormwater leaving the site for the current and projected 2-, 10- and 100-year storm events, as defined and determined in Section T10B-227.4(c) and (d), respectively, of this section, and that the increased volume or change in timing of stormwater runoff will not increase flood damage at or downstream of the site. This analysis shall include the analysis of impacts of existing land uses and projected land uses assuming full development under existing zoning and land use ordinances in the drainage area;

c. Design stormwater management measures so that the post-construction peak runoff rates for the current and projected 2-, 10- and 100-year storm events, as defined and determined in Section T10B-227.4(c) and (d), respectively, of this section, 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.

(4) The stormwater runoff quantity standards shall be applied at the site's boundary to each abutting lot, roadway, watercourse, or receiving storm sewer system.

§ T10B-227.4 Stormwater management: calculation of stormwater runoff and groundwater recharge.

[Added 12-7-2020 by Ord. No. 2020-38; amended 11-21-2023 by Ord. No. 2023-33]

(a) Stormwater runoff shall be calculated in accordance with the following:

(1) The design engineer shall calculate runoff using the following method: 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://directives.sc.egov.usda.gov/viewerF S.aspx?hid=21422 or at United States Department of Agriculture Natural Resources Conservation Service New Jersey State Office.

(2) For the purpose of calculating curve numbers 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 curve number" applies to the NRCS methodology above at subsection T10B-227.4(a)(1)(a). A curve number or a groundwater recharge land cover for existing areas of impervious surface may be used on all or a portion of the site if the design engineer verifies that the hydrologic condition has existed on the impervious portion of the site for at least five years without interruption prior to the time of application; there is a presumption that the pre-construction condition of the remaining portion of the site is a wooded land use with good hydrologic condition. 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).

(3) In computing pre-construction stormwater runoff, the design engineer shall account for all significant land features and structures, such as ponds, wetlands, depressions, hedgerows, or culverts, that may reduce pre-construction stormwater runoff rates and volumes.

(4) In computing stormwater runoff from all design storms, the design engineer shall consider the relative stormwater runoff rates and/or volumes of pervious and impervious surfaces separately to accurately compute the rates and volume of stormwater runoff from the site. To calculate runoff from unconnected impervious cover, use the Department's Two-Step Technique as described in the BMP Manual.

(5) If the invert of the outlet structure of a stormwater management measure is below the flood hazard design flood elevation as defined at N.J.A.C. 7:13, the design engineer shall take into account the effects of tailwater in the design of structural stormwater management measures.

(b) Groundwater recharge may be calculated in accordance with the following: The New Jersey Geological Survey Report GSR-32, A Method for Evaluating Groundwater-Recharge Areas in New Jersey, incorporated herein by reference as amended and supplemented. Information regarding the methodology is available from the New Jersey Stormwater Best Management Practices Manual; at the New Jersey Geological Survey website at: https://www.nj.gov/dep/njgs/pricelst/gsreport/gsr32.pdf or at New Jersey Geological and Water Survey, 29 Arctic Parkway, P.O. Box 420 Mail Code 29-01, Trenton, New Jersey 08625-0420.

(c) The precipitation depths of the current two-, 10-, and 100-year storm events shall be determined by multiplying the values determined in accordance with items (1) and (2) below:

(1) The applicant shall utilize the National Oceanographic and Atmospheric Administration (NOAA), National Weather Service's Atlas 14 Point Precipitation Frequency Estimates: NJ, in accordance with the location(s) of the drainage area(s) of the site. This data is available at: https://hdsc.nws.noaa.gov/hdsc/pfds/pfds_map_cont.html?bk mrk=nj; and

(2) The applicant shall utilize Table 5: Current Precipitation Adjustment Factors below, which sets forth the applicable multiplier for the drainage area(s) of the site, in accordance with the county or counties where the drainage area(s) of the site is located. Where the major development lies in more than one county, the precipitation values shall be adjusted according to the percentage of the drainage area in each county. Alternately, separate rainfall totals can be developed for each county using the values in the table below.

Table 5: Current Precipitation Adjustment Factors
	Current Precipitation Adjustment Factors
	2-year Design Storm	10-year Design Storm	100-year Design Storm
Mercer	1.01	1.02	1.04
Middlesex	1.00	1.01	1.03
Somerset	1.00	1.03	1.09

(d) Table 6: Future Precipitation Change Factors provided below sets forth the change factors to be used in determining the projected two-, 10-, and 100-year storm events for use in this chapter, which are organized alphabetically by county. The precipitation depth of the projected two-, 10-, and 100-year storm events of a site shall be determined by multiplying the precipitation depth of the two-, 10-, and 100-year storm events determined from the National Weather Service's Atlas 14 Point Precipitation Frequency Estimates pursuant to paragraph (c)1 above, by the change factor in the table below, in accordance with the county or counties where the drainage area(s) of the site is located. Where the major development and/or its drainage area lies in more than one county, the precipitation values shall be adjusted according to the percentage of the drainage area in each county. Alternately, separate rainfall totals can be developed for each county using the values in the table below.

Table 6: Future Precipitation Change Factors
	Future Precipitation Change Factors
County	2-year Design Storm	10-year Design Storm	10-year Design Storm
Mercer	1.16	1.17	1.36
Middlesex	1.19	1.21	1.33
Somerset	1.19	1.24	1.48

§ T10B-227.5 Stormwater management: sources for technical guidance.

[Added 12-7-2020 by Ord. No. 2020-38; amended 11-21-2023 by Ord. No. 2023-33]

(a) Technical guidance for stormwater management measures can be found in the documents listed below, which are available to download from the Department's website at: https://dep. nj.gov/stormwater/bmp-manual/.

(1) Guidelines for stormwater management measures are contained in the New Jersey Stormwater Best Management Practices Manual, as amended and supplemented. Information is provided on stormwater management measures such as, but not limited to, those listed in Tables 1, 2, and 3.

(2) Additional maintenance guidance is available on the Department's website at: htt ps://dep.nj.gov/stormwater/maintenance-guidance/.

(b) Submissions required for review by the Department should be mailed to: The Division of Watershed Protection and Restoration, New Jersey Department of Environmental Protection, Mail Code 501-02A, PO Box 420, Trenton, New Jersey 08625-0420.

§ T10B-227.6 Stormwater management: solids and floatable materials control standards.

[Added 12-7-2020 by Ord. No. 2020-38]

(a) Site design features identified under subsection T10B-227.3(h) above, or alternative designs in accordance with subsection T10B-227.3(i) above, to prevent discharge of trash and debris from drainage systems shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets. For purposes of this paragraph, "solid and floatable materials" means sediment, debris, trash, and other floating, suspended, or settleable solids. For exemptions to this standard see subsection T10B-227.6(a)(2) below.

(1) Design engineers shall use one of the following grates whenever they use a grate in pavement or another ground surface to collect stormwater from that surface into a storm drain or surface water body under that grate:

a. The New Jersey Department of Transportation (NJDOT) bicycle safe grate, which is described in Chapter 2.4 of the NJDOT Bicycle Compatible Roadways and Bikeways Planning and Design Guidelines; or

b. A different grate, if each individual clear space in that grate has an area of no more than seven square inches, or is no greater than 0.5 inch across the smallest dimension.

Examples of grates subject to this standard include grates in grate inlets, the grate portion (non-curb-opening portion) of combination inlets, grates on storm sewer manholes, ditch grates, trench grates, and grates of spacer bars in slotted drains. Examples of ground surfaces include surfaces of roads (including bridges), driveways, parking areas, bikeways, plazas, sidewalks, lawns, fields, open channels, and stormwater system floors used to collect stormwater from the surface into a storm drain or surface water body.

c. For curb-opening inlets, including curb-opening inlets in combination inlets, the clear space in that curb opening, or each individual clear space if the curb opening has two or more clear spaces, shall have an area of no more than seven square inches, or be no greater than two inches across the smallest dimension.

(2) The standard in subsection 227.6(a)(1) above does not apply:

a. Where each individual clear space in the curb opening in existing curb-opening inlet does not have an area of more than nine square inches;

b. Where the municipality agrees that the standards would cause inadequate hydraulic performance that could not practicably be overcome by using additional or larger storm drain inlets;

c. 

Where flows from the water quality design storm as specified in N.J.A.C. 7:8 are conveyed through any device (e.g., end of pipe netting facility, manufactured treatment device, or a catch basin hood) that is designed, at a minimum, to prevent delivery of all solid and floatable materials that could not pass through one of the following:

i. A rectangular space 4.625 inches long and 1.5 inches wide (this option does not apply for outfall netting facilities); or

ii. A bar screen having a bar spacing of 0.5 inches.

Note that these exemptions do not authorize any infringement of requirements in the Residential Site Improvement Standards for bicycle safe grates in new residential development (N.J.A.C. 5:21-4.18(b)2 and 7.4(b)1).

d. Where flows are conveyed through a trash rack that has parallel bars with one-inch spacing between the bars, to the elevation of the Water Quality Design Storm as specified in N.J.A.C. 7:8; or

e. Where the New Jersey Department of Environmental Protection determines, pursuant to the New Jersey Register of Historic Places Rules at N.J.A.C. 7:4-7.2(c), that action to meet this standard is an undertaking that constitutes an encroachment or will damage or destroy the New Jersey Register listed historic property.

§ T10B-227.7 Stormwater management: safety standards for stormwater management basins.

[Added 12-7-2020 by Ord. No. 2020-38]

(a) This section sets forth requirements to protect public safety through the proper design and operation of stormwater management BMPs. This section applies to any new stormwater management BMP.

(b) The provisions of this section are not intended to preempt more stringent municipal or county safety requirements for new or and existing stormwater management BMPs. Municipal and county stormwater management ordinances may, pursuant to their authority, require existing stormwater management BMPs to be retrofitted to meet one or more of the safety standards in subsections 227.7(c)(1), (c)(2) and (c)(3) for trash racks, overflow grates, and escape provisions at outlet structures.

(c) Requirements for Trash Racks, Overflow Grates and Escape Provisions.

(1) A trash rack is a device designed to catch trash and debris and prevent the clogging of outlet structures. Trash racks shall be installed at the intake to the outlet from the Stormwater management BMP to ensure proper functioning of the BMP outlets in accordance with the following:

a. The trash rack shall have parallel bars, with no greater than six-inch spacing between the bars;

b. The trash rack shall be designed so as not to adversely affect the hydraulic performance of the outlet pipe or structure;

c. The average velocity of flow through a clean trash rack is not to exceed 2.5 feet per second under the full range of stage and discharge. Velocity is to be computed on the basis of the net area of opening through the rack; and

d. The trash rack shall be constructed of rigid, durable, and corrosion resistant material and designed to withstand a perpendicular live loading of 300 pounds per square foot.

(2) An overflow grate is designed to prevent obstruction of the overflow structure. If an outlet structure has an overflow grate, such grate shall meet the following requirements:

a. The overflow grate shall be secured to the outlet structure but removable for emergencies and maintenance.

b. The overflow grate spacing shall be no less than two inches across the smallest dimension.

c. The overflow grate shall be constructed and installed to be rigid, durable, and corrosion resistant, and shall be designed to withstand a perpendicular live loading of 300 pounds per square foot.

(3) Stormwater management BMPs shall include escape provisions as follows:

a. If a stormwater management BMP has an outlet structure, escape provisions shall be incorporated in or on the structure. Escape provisions include the installation of permanent ladders, steps, rungs, or other features that provide easily accessible means of egress from stormwater management BMPs. With the prior approval of the municipality pursuant to subsection T10B-227.7(c), a free-standing outlet structure may be exempted from this requirement;

b. Safety ledges shall be constructed on the slopes of all new stormwater management BMPs having a permanent pool of water deeper than two and one-half feet. Safety ledges shall be comprised of two steps. Each step shall be four feet to six feet in width. One step shall be located approximately two and one-half 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 T10B-227.7(e)for an illustration of safety ledges in a stormwater management BMP; and

c. In new stormwater management BMPs, the maximum interior slope for an earthen dam, embankment, or berm shall not be steeper than three horizontal to one vertical.

(d) Variance or Exemption from Safety Standard. A variance or exemption from the safety standards for stormwater management BMPs may be granted only upon a written finding by the municipality that the variance or exemption will not constitute a threat to public safety.

(e) Safety Ledge Illustration.

Elevation View - Basin Safety Ledge Configuration

§ T10B-227.8 Stormwater management: requirements for a site development stormwater plan.

(a) Submission of Site Development Stormwater Plan.

(1) Whenever an applicant seeks municipal approval of a development subject to this Stormwater Management Ordinance, the applicant shall submit all of the required components of the Checklist for the Site Development Stormwater Plan at subsection T10B-227.8(c) below as part of the submission of the application for approval.

(2) The applicant shall demonstrate that the project meets the standards set forth in this Stormwater Management Ordinance.

(b) Site Development Stormwater Plan Approval. The applicant's Site Development project shall be reviewed as a part of the review process by the municipal board or official from which municipal approval is sought. That municipal board or official shall consult the municipality's review engineer to determine if all of the checklist requirements have been satisfied and to determine if the project meets the standards set forth in this Stormwater Management Ordinance.

(c) Submission of Site Development Stormwater Plan. The following information shall be required:

(1) Topographic Base Map of the Tributary Area. The design engineer shall provide upstream tributary drainage system information. A topographic base map of the site shall be submitted which extends to the limit of the upstream HUC14 subwatershed(s) and a minimum of 200 feet beyond the limits of the proposed development, at a scale of 1"=200' or greater, showing 2-foot contour intervals. The map shall indicate the following, based upon available public information for off-site conditions: existing surface water drainage, shorelines, steep slopes, soils, erodible soils, springs, seeps, perennial or intermittent streams, wetlands and flood plains along with their appropriate buffer strips, marshlands and other wetlands, pervious or vegetative surfaces, forests, existing man-made structures, roads, bearing and distances of property lines, and significant natural and manmade features not otherwise shown.

(2) Environmental Site Analysis of the Site. A written and graphic description of the natural and man-made features of the site and its surroundings shall be submitted, including a map at a scale of 1"=200' or greater, showing 2-foot contour intervals. This description shall include a discussion of soil conditions, slopes, forests and core forests, 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. The map shall indicate the following: existing surface water drainage, shorelines, steep slopes, soils, erodible soils, springs, seeps, intermittent or perennial streams, wetlands and flood plains along with their appropriate buffer strips, marshlands and other wetlands, forests and core forests, pervious or vegetative surfaces, existing man-made structures, roads, bearing and distances of property lines, and significant natural and manmade features not otherwise shown.

(3) Project Description and Site Plans. A map (or maps) at the scale of the topographical base map indicating the location of existing and proposed buildings, roads, parking areas, utilities, structural facilities for stormwater management and sediment control, and other permanent structures. The map(s) shall also clearly show areas where alterations will occur in the natural terrain and cover, including lawns and other landscaping, and seasonal high groundwater elevations. A written description of the site plan and justification for proposed changes in natural conditions described and mapped in subsections T10B-227.8(c)(1) and (2) above shall also be provided.

(4) Land Use Planning and Source Control Plan. This plan shall provide a demonstration of how the goals and standards of sections T10B-227.2 through T10B-227.4 are being met. The focus of this plan shall be to describe how the site is being developed to meet the objective of controlling groundwater recharge, stormwater quality and stormwater quantity problems at the source by land management and source controls whenever possible.

(5) Department Checklists. The design engineer shall complete and submit the following checklists for major developments:

a. Low Impact Development Checklist, as published on the Engineering Department's website, and as may be amended from time to time.

b. Tier A MS4 NJPDES Permit Attachment D - Major Development Stormwater Summary, as published by the Department in its Related Tier A Documents, Publications and Forms available at https://www.nj.gov/dep/dwq/tier_a_forms.htm.

(6) Stormwater Management Facilities Map. The following information, illustrated on a map of the same scale as the topographic base map, shall be included:

a. Total area to be disturbed, paved or built upon, proposed surface contours, land area to be occupied by the stormwater management facilities and the type of vegetation thereon, and details of the proposed plan to control and dispose of stormwater.

b. Details of all stormwater management facility designs, during and after construction, including discharge provisions, discharge capacity for each outlet at different levels of detention and emergency spillway provisions with maximum discharge capacity of each spillway.

c. Locations of soil borings and soil pits.

(7) Calculations.

a. Comprehensive hydrologic and hydraulic design calculations for the pre-development and post-development conditions for the design storms specified in subsection T10B-227.3.

b. When the proposed stormwater management control measures depend on the hydrologic properties of soils or require certain separation from the seasonal high water table, then a soils report shall be submitted. The soils report shall be based on on-site 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.

(8) Maintenance and Repair Plan. The design and planning of the stormwater management facility shall meet the maintenance requirements of subsection T10B-227.9.

(9) Waiver from Submission Requirements. The municipal official or board reviewing an application under this Stormwater Management Ordinance may, in consultation with the municipality's review engineer, waive submission of any of the requirements in subsection T10B-227.8(c)(1) through (c)(6) of this Stormwater Management Ordinance 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.

§ T10B-227.9 Stormwater management: maintenance and repair.

[Added 12-7-2020 by Ord. No. 2020-38]

(a) Applicability. Projects subject to review as in subsection T10B-227(c) shall comply with the requirements of subsection T10B-227.9(b) and (c).

(b) General Maintenance.

(1) The design engineer shall prepare a maintenance plan for the stormwater management measures incorporated into the design of a major development.

(2) The maintenance plan shall contain specific preventative maintenance tasks and schedules; cost estimates, including estimated cost of sediment, debris, or trash removal; and the name, address, and telephone number of the person or persons responsible for preventive and corrective maintenance (including replacement). The plan shall contain information on BMP location, design, ownership, maintenance tasks and frequencies, and other details as specified in Chapter 8 of the NJ BMP Manual, as well as the tasks specific to the type of BMP, as described in the applicable chapter containing design specifics.

(3) If the maintenance plan identifies a person other than the property owner (for example, a developer, a public agency or homeowners' association) as having the responsibility for maintenance, the plan shall include documentation of such person's or entity's agreement to assume this responsibility, or of the owner's obligation to dedicate a stormwater management facility to such person under an applicable ordinance or regulation.

(4) Responsibility for maintenance shall not be assigned or transferred to the owner or tenant of an individual property in a residential development or project, unless such owner or tenant owns or leases the entire residential development or project. The individual property owner may be assigned incidental tasks, such as weeding of a green infrastructure BMP, provided the individual agrees to assume these tasks; however, the individual cannot be legally responsible for all of the maintenance required.

(5) If the party responsible for maintenance identified under subsection T10B-227.9(b)(3) above is not a public agency, the maintenance plan and any future revisions based on subsection T10B-227.9(b)(7) below shall be recorded upon the deed of record for each property on which the maintenance described in the maintenance plan must be undertaken.

(6) Preventive and corrective maintenance shall be performed to maintain the functional parameters (storage volume, infiltration rates, inflow/outflow capacity, etc.) of the stormwater management measure, including, but not limited to, repairs or replacement to the structure; removal of sediment, debris, or trash; restoration of eroded areas; snow and ice removal; fence repair or replacement; restoration of vegetation; and repair or replacement of non-vegetated linings.

(7) The party responsible for maintenance identified under subsection T10B-227.9(b)(3) above shall perform all of the following requirements:

a. Maintain a detailed log of all preventative and corrective maintenance for the structural stormwater management measures incorporated into the design of the development, including a record of all inspections and copies of all maintenance-related work orders;

b. Evaluate the effectiveness of the maintenance plan at least once per year and adjust the plan and the deed as needed;

c. Retain and make available, upon request by any public entity with administrative, health, environmental, or safety authority over the site, the maintenance plan and the documentation required by subsection T10B-227.9(b)(6) and (b)(7) above; and

d. Obtain an annual stormwater maintenance permit from the municipality in accordance with subsection T10B-227.10 below.

(8) The requirements of subsection T10B-227.9(b)(3) and (b)(4) do not apply to stormwater management facilities that are dedicated to and accepted by the municipality or another governmental agency, subject to all applicable municipal stormwater general permit conditions, as issued by the Department.

(9) In the event that the stormwater management facility becomes a danger to public safety or public health, or if it is in need of maintenance or repair, the municipality shall so notify the responsible person in writing. Upon receipt of that notice, the responsible person shall have 14 days to effect maintenance and repair of the facility in a manner that is approved by the municipal engineer or his designee. The municipality, in its discretion, may extend the time allowed for effecting maintenance and repair for good cause. If the responsible person fails or refuses to perform such maintenance and repair, the municipality or County may immediately proceed to do so and shall bill the cost thereof to the responsible person. Nonpayment of such bill may result in a lien on the property.

(c) Nothing in this subsection shall preclude the municipality in which the major development is located from requiring the posting of a performance or maintenance guarantee in accordance with N.J.S.A. 40:55D-53.

§ T10B-227.10 Stormwater management: inspection and permitting.

[Added 12-7-2020 by Ord. No. 2020-38]

(a) All stormwater management facilities are to be maintained by the responsible party or homeowner association in accordance with the approved maintenance plan.

(b) All stormwater management facilities for major developments are required to obtain a Stormwater Maintenance Permit from the Princeton Engineering Department.

(1) The Annual fee for the Stormwater Maintenance Permit shall be $50.

(2) The Stormwater Maintenance Permit shall be renewed each year no later than January 1st.

(3) A detailed inspection and maintenance report shall be submitted annually no later than January 1st to the Princeton Engineering Department.

(4) The inspection and maintenance report shall include and not be limited to:

a. Stormwater inlets and manholes.

b. Detention basin outflow structures.

c. Trash racks and overflow grates.

d. Vegetation.

e. Embankment erosion control.

f. Sediment removal and pond maintenance.

g. Mechanical Treatment Devices utilizing filters shall have a record of filter replacement as per the manufacturer's specifications.

h. Green infrastructure measures.

§ T10B-227.11 Stormwater management: penalties.

[Added 12-7-2020 by Ord. No. 2020-38]

Any person(s) who erects, constructs, alters, repairs, converts, maintains, or uses any building, structure or land in violation of this Stormwater Management Ordinance, or otherwise violates this Stormwater Management Ordinance, shall be subject to the penalties set forth in section T10B-107 of this chapter.

§ T10B-227.12 Severability.

Each section, subsection, sentence, clause and phrase of this Stormwater Management Ordinance is declared to be an independent section, subsection, sentence, clause and phrase, and the finding or holding of any such portion of this Stormwater Management Ordinance to be unconstitutional, void, or ineffective for any cause, or reason, shall not affect any other portion of this Stormwater Management Ordinance.

§ T10B-227.13 Effective Date.

This Stormwater Management Ordinance shall be in full force and effect from and after its adoption and any publication as required by law.

§ T10B-227A Tree preservation, protection, and mitigation.

[Ord. No. 2018-11 § 4; amended 12-22-2025 by Ord. No. 2025-19]

(a) Purpose and intent.

(1) It is the purpose of this section to protect the general health, safety, welfare, and well-being of the residents of Princeton as well as the integrity of the natural environment and processes upon which the residents of Princeton depend through the protection of trees and the preservation, as much as practically possible, of Princeton's tree canopy. Trees are important cultural, ecological, scenic and economic resources, and the removal, cutting, and destruction of trees within Princeton result in increased drainage control costs, increased soil erosion, increased buildup of atmospheric carbon and dust, decreased fertility of the soil, and a decrease in the overall tree canopy.

(2) Therefore, it is in the public interest that Princeton exercise its police powers and enact the following section to control tree cutting, removal and destruction in connection with development in an effort to meet the objective of preserving, protecting, enhancing, and maintaining trees and the overall tree canopy.

(3) Before removing or destroying any tree requiring a permit under the appropriate provisions of Chapter T22 of this Code, in addition to complying with the requirements of this section, a person seeking development approval shall also apply for and obtain such permit(s) as required under said Chapter T22.

(b) Tree preservation. A development plan shall be designed to minimize tree disturbance. Where healthy and desirable trees slated for removal by a development plan can be saved by reasonable adjustments to the plan, the applicant working with the Municipal Engineer and arborist shall seek to make such adjustments. The following standards shall be used to identify healthy and desirable trees:

(1) Size of the tree, including both height and caliper.

(2) Species of the tree. This factor shall take into account the type of tree and whether it is an invasive species; a rare and/or unusual type of tree; a native plant; and/or a specimen, significant or endangered tree as defined in § T22-2 of the Code. Preference should be given to preserving native trees; unusual trees; specimen, significant, and endangered trees; rare or historic species within an historic preservation zoning district, an historic preservation buffer zoning district or an historic site on the national or state historic registers; and trees that have a remaining life of over 50 years.

(3) Condition of the tree. This factor shall take into account:

a. The tree's roots, including anchorage, collar/flare soundness, mechanical injury, girdling/kinked roots, compaction/waterlogged roots, toxic gasses/chemical systems, and presence of insects or diseases.

b. The tree's trunk, including sound bark and wood, cavities, mechanical or fire injury, cracks, swollen or sunken areas, presence of insects or disease, fungal growths and lightning strikes.

c. The tree's scaffold branches, including strong attachment, vertical branch distribution free of included bark and decay and cavities. Scaffold branches shall be well proportioned with proper taper, good wound closure and absence of deadwood, insects or diseases.

d. The tree's small branches and twigs, including vigor of current shoots, good distribution throughout canopy, normal appearance of buds, absence of insects or diseases, and absence of weak or dead twigs.

e. The tree's foliage and/or buds, including size of foliage and/or buds, coloration of foliage, wilted or dead leaves, dry buds, presence of insects or diseases.

f. The tree's age. Preference should be given to preserving trees that have a remaining life of over 50 years.

(4) Locational importance of the tree. This factor shall take into account the tree's unique functional and aesthetic contributions to the property; the effect of the removal of the tree from the landscape; the effect of the removal of the tree on the canopy of the subject property and abutting properties; and the impact of the tree's removal on the property's drainage, soil erosion, loss of tree species and loss of wildlife habitat. If the tree is of a native species that has been determined by the state or federal government to be an endangered species, then effort shall be taken to the extent practicable to conserve the habitat that sustains the tree.

(c) Protection of trees during construction. All trees remaining on site during construction shall be protected. Developers shall comply with provisions of § T22-20 of this Code. In addition:

(1) Drip lines of trees being preserved on site shall be clearly protected by wood snow fencing. At no time during construction shall the placement of the fencing be altered without the written permission of the Municipal Engineer or Engineer's designee.

(2) The grade of the land located along the drip line shall not be raised or lowered more than six inches unless protected by welling or retaining methods and in no event shall the welling or retaining methods be less than eight feet from the trunk of the tree.

(3) All debris created during tree removal and replacement shall be removed from the site for disposal before any certificate of occupancy shall be issued.

(4) Where clearing and construction on the site results in removal or damage of any tree denoted in the tree survey as remaining on the site, such removed or damaged tree shall be replaced as set forth in this section.

(5) The construction limit of disturbance shall be delineated with orange plastic fencing or an equivalent approved by the Municipal Engineer or Engineer's designee.

(6) Any and all appropriate measures to maintain the vitality of the preserved trees on the property shall be denoted on the tree survey.

(d) Mitigation.

(1) Replanting.

a. Planting will occur on-site in accordance with the tree replacement schedule below. The replanted trees shall be in accordance with industry standards of 2 1/2 to three inch caliper. The trees shall be of indigenous species and shall be site-specific.

b. On-site planting is preferred. If on-site planting is not feasible then off-site planting on public lands may occur with the written authorization of, and subject to a plan approved by, the Municipal Engineer or Engineer's designee.

c. All planting shall be completed prior to the release of the performance bond.

d. All planted trees, both planted on-site and off-site, will be subject to a two-year maintenance guarantee period during which the applicant will be responsible for all care and maintenance. During the two-year maintenance period, the Municipal Engineer or Engineer's designee shall identify all trees that are weak, diseased, dying or dead, and these trees shall be replaced by the applicant at no cost to the municipality.

(2) Monetary contribution.

a. A monetary contribution shall be made by the applicant to the Princeton Shade Tree Trust Reserve for each tree removed that the applicant is not able to replant in accordance with the tree replacement schedule in § T22-13(d)(1) of this Code.

b. Payment must be submitted prior to the release of the applicant's performance bond.

§ T10B-228 Application to accessory uses.

[Ord. No. 2018-11 § 4]

The criteria and standards to review prescribed by this division shall also apply to all accessory buildings, structures, freestanding signs and other site features, however related to major buildings or structures of a site development.