[Amended 9-10-2018 by Ord. No. 813-18]
A. Buffer areas. All uses, other than single family detached dwellings
and their accessory uses (except as otherwise provided in this chapter),
and multi-family uses, shall provide twenty-foot wide buffer areas
along all front side and rear property lines.
1. For a proposed single family detached subdivision, a landscape plan
should be submitted showing the proposed foundation of each dwelling,
as well as street trees planted at 40 feet to 60 feet spacing.
2. If a home professional office, home occupation or an accessory use
to a single family detached dwelling requires 10 or more off-street
parking spaces, the Planning Board shall consider the need for a buffer
area and may require that buffer areas of 20 feet in width be provided
along side and rear property lines adjacent to such accessory use
and/or off-street parking.
3. If a proposed single family detached subdivision abuts a collector
or arterial highway or an area zoned for or occupied by uses, other
than residential, the Planning Board shall consider the need for buffer
areas and may require:
a.
That a buffer strip not exceeding 50 feet in width be provided
and maintained in its natural state and/or suitably planted with screening
and landscaping, or
b.
That the adjacent lots front on an interior street and have
a depth of at least 200 feet with suitable screening and landscaping
planted at the rear, or
c.
That other suitable means of separation be provided.
4. For a proposed multi-family use, street trees shall be planted with 40-foot spacing and shall planted pursuant to Section
16A-8.4 of the Borough’s Land Use and Development Ordinance.
5. For a proposed multi-family use, a buffer strip of not less than 15 feet in width or the minimum side or rear setback, whichever is less, shall be planted along side and rear property lines pursuant to Section
16A-8.4 of the Borough’s Land Use and Development Ordinance.
6. Buffer areas shall be maintained and kept free of all debris, rubbish,
weeds and tall grass.
7. No structure, activity, storage of materials or parking of vehicles
shall be permitted within the buffer area, except that, where permitted
by the Planning Board, the buffer area may be broken for vehicular
or pedestrian access and appropriate directional and safety signs
provided.
B. Screening. Within buffer areas required by Section
16A-8.4A above, there shall be provided screening in accordance with the following regulation:
1. Except as otherwise provided herein, the screening area shall be
a minimum of 20 feet in width and shall be planted with a variety
of evergreen trees approved by the Borough Shade Tree Commission (a
list of suggested trees and species may be obtained from the Shade
Tree Commission). Trees shall be planted in two staggered rows eight
feet apart and shall be between six and eight feet in height and shall
conform to the current American Standard for Nursery Stock sponsored
by the American Association of Nurserymen, Inc. Within each row, the
trees shall be planted on six foot centers (see Figure 1 below) double
staggered rows of approved evergreen trees.
Figure 1 Standard Screening
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2. In cases where it is determined to be desirable by the Planning Board, a variety of evergreen trees planted with a minimum height of four feet may be substituted for the six to eight foot trees required under Section
16A-8.4A provided the developer shall install a solid six foot high stockade fence along the outside of the required screening strips in accordance with Section
16A-8.14 prior to commencing the construction of improvements on the site. The stockade fence shall be maintained in good condition by the developer until such time as the evergreen trees have grown to a minimum height of 10 feet at which time, the developer may remove the stockade fence.
3. Where suitable trees exist within a screening area, they should be
retained and supplemented with shade tolerant evergreen trees to provide
the equivalent of the required screening as determined by the Borough
Shade Tree Commission.
4. Where all proposed buildings, parking areas and other improvements
are located 50 feet or more from a property line abutting a residential
zone, the Planning Board may permit a screening area 10 feet in width
planted with a single row of evergreen trees in a location approved
by the Planning Board planted on five foot centers with a minimum
height of six feet to eight feet of a type and species to be substituted
for the screening area required in Figure 1.
(see Figure 2 below)
Figure 2 Modified Screening
Single row of approved evergreen trees.
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5. The required height for a screening area shall be measured in relationship
to the elevation of the land at the nearest required rear, side or
front yard setback line of the abutting residentially zoned properties.
Where the average ground elevation of the location at which the screening
strip is to be planted is less than the average ground elevation at
the nearest required rear, side or front setback line on the abutting
residentially zoned property, the Planning Board may require the height
of trees planted in the required screening strips be increased by
an amount equal to the difference in elevation. Where the average
ground elevation of the location at which the screening strip is to
be planted is greater than the average ground elevation at the nearest
required rear, side or front setback line on the abutting residentially
zoned property, the Planning Board may permit the height of trees
planted in the required screening strips to be decreased by an amount
equal to one-half the difference in elevation, except that in no case,
shall the required height be reduced to less than four feet.
6. All trees in a screening area shall be watered weekly through the
first growing season. The developer shall construct a six inch deep
earth saucer around each tree to hold water and fill with woodchips
or other suitable mulch. Trees shall be nursery grown, balled and
bagged, sheared and shaped, of the required height and planted according
to accepted horticultural standards.
7. At the following locations within required screening areas, evergreen
shrubs with a maximum mature height of 30 inches or less, approved
by the Borough Shade Tree Commission as to type, location and spacing,
shall be provided in lieu of the evergreen trees specified above:
a.
Within sight triangle easements.
b.
Within 25 feet of intersections where sight triangle easements
are not provided.
c.
Within 25 feet of access drives, and driveways.
8. Waiver. The Planning Board, after favorable recommendation by the
Borough Engineer and Shade Tree Commission and after examination and
review, may waive, fully or partially, provisions of this section
in heavily wooded areas, in areas unsuitable for plantings or because
of other exceptional conditions, and/or may require supplementary
plantings.
C. Landscaping.
1. Topsoil Preservation. No topsoil shall be removed from the site or
used as spoil, except excess topsoil remaining after all improvements
have been installed in accordance with an approved site plan or subdivision
map after topsoil has been redistributed in accordance with this paragraph.
All topsoil moved during the course of construction shall be redistributed
on all regraded surfaces so as to provide an even cover and shall
be stabilized by seeding or planting. All retraced areas and all lawn
areas shall be covered by a four inch minimum thickness of topsoil.
If sufficient top-soil is not available on the site, topsoil meeting
the requirements of the Standard Specifications shall be provided
to result in a four inch minimum thickness.
2. Protection of Trees. No material or temporary soil deposits shall
be placed within six feet of any trees or shrubs designated to be
retained on the preliminary and/or final plat. Where grading may be
required, trees not shown for removal shall be walled in and extension
tiled to the outer crown of the tree.
3. Removal of Debris. All tree stumps and other tree parts or other
debris shall be removed from the site and disposed of in accordance
with law. No tree stumps, portions of a tree trunk or limbs shall
be buried anywhere in the development. All dead or dying trees, standing
or fallen, shall be removed from the site. If trees and limbs are
reduced to chips they may, subject to the approval of the Borough
Engineer, be used as mulch in landscaped areas.
4. Slope Plantings. Landscaping of the area of all cuts or fills and
terraces shall be sufficient to prevent erosion, shall be approved
by the Borough Engineer and Shade Tree Commission. All roadway slopes
steeper than one root vertically to three feet horizontally shall
be planted with suitable cover plants combined with grasses and/or
sodding. Grasses or sodding alone shall not be acceptable.
5. Selective Thinning. Throughout the development except in areas specifically
designated to remain in their natural state, in landscaped or buffer
areas, on building lots and in open space areas for public or quasi-public
use, the developer shall selectively thin to remove all dead or dying
vegetation, either standing or fallen, and shall remove, including
grubbing out stumps, all undesirable trees and other growth. The developer
shall, in accordance with overall site development and his proposed
landscaping scheme, provide cleared, graded and drained pathways approximately
four feet wide through all public or quasi-public open space in heavily
wooded areas. Such pathways should be sited to conform to the existing
natural conditions and should remain unobstructed. They are not intended
to provide improved walkways, but only to provide easy access through
open space areas.
6. Additional trees in single family subdivisions. Besides the screening
and shade tree requirements, additional trees shall be planted throughout
the subdivision in accordance with a planting plan approved by the
Planning Board at the time of final approval. The number of trees
planted shall not be less than 10 per acre, calculated on the basis
of the entire subdivision tract. The variety of plantings may vary
from those listed under shade tree requirements and may include flowering
types and/or evergreens, not exceeding 30% of the total plantings.
7. Additional landscaping for non-residential uses. In conjunction with
all uses other than single family homes, all areas of the site not
occupied by buildings, pavement, sidewalks, required screening, required
parking area landscaping, required safety islands, or other required
improvements, shall be landscaped by the planting of grass or other
ground cover acceptable to the Planning Board and a minimum of two
shrubs and one tree for each 250 square feet of open space.
8. Trees shall be planted with a minimum diameter of two inches breast
height.
9. Waiver. The Planning Board, after favorable recommendation by the
Borough Engineer and Shade Tree Commission and after examination and
review, may waive, fully or partially, provisions of this section
in heavily wooded areas, in areas unsuitable for plantings or because
of other exceptional conditions and/or may require supplementary plantings.
10.
Specifications. All planting, clearing, selective thinning,
topsoiling, seeding and other landscaping work shall conform to the
applicable requirements of the Standard Specifications.
11.
Landscaping Plan. The placement of landscaping shall be in accordance
with a landscaping plan submitted with the final plat. Relocated plantings:
Existing plants may be salvaged and/or relocated from clearing areas
within the development and utilized to meet the planting requirements
of Section 16A-8.4C6 and 7, provided that:
a.
Each three items of salvaged and/or relocated plant material
shall be considered equivalent to two items of new plant material;
and
b.
All such salvaged and/or relocated plant material shall be of
a type, size and quality acceptable to the Shade Tree Commission and
the Borough Engineer; and
c.
All such salvaged and/or relocated plant material shall be dug,
transported and replanted at a season of the year using a schedule
and equipment, methods and materials conforming to the requirements
of the Standard Specifications and subject to the approval of the
Shade Tree Commission and the Borough Engineer.
d.
The developer has received the approval of the Shade Tree Commission
and the Borough Engineer of the items to be relocated and the schedule
and methods of relocation prior to any work of salvaging and/or relocation
taking place.
D.
1. In each subdivision of land, the developer shall plant between the
sidewalk and right-of-way line proper shade and/or decorative trees
of a type approved by the Shade Tree Commission at a maximum distance
of 50 feet between trees. The minimum distance between such trees
planted shall be 40 feet. Planting sites shall be indicated on the
final plat. Such plantings shall not be required within sight easements
as required elsewhere herein.
2. All trees planted in accordance with the provisions of this chapter
shall be placed in a proper manner and in a good grade of tops oil
and within the area of the tree well at the point where the tree is
planted. In the event that any individual person or group of individual
persons desire to plant a tree or trees in a tree well or within the
jurisdiction of the Borough Shade Tree Commission, such person or
persons may do so, provided that they conform to the provisions of
this chapter, and further provided that permission of the said Shade
Tree Commission is obtained.
3. All shade trees to be hereafter planted in accordance with this chapter
shall be nursery grown, or of substantially uniform size and shape
and shall have straight trunks. Ornamental trees need not have straight
trunks, but must conform in all other respects with the provisions
for trees and tree plantings outlined in this chapter.
4. All trees planted pursuant to this chapter shall be planted in a
dormant state.
5. Subsequent or replacement plants shall conform to the type of existing
tree in a given area, provided that if any deviation is anticipated,
it must be done only with the permission of the Shade Tree Commission.
In a newly planted area, only one type of tree may be used on a given
street, unless otherwise specified by the Shade Tree Commission.
6. A hole in which a tree is to be planted shall be in each case, 1/3
larger in width and in depth than the existing root ball of the particular
tree to be planted. The hole for a tree to be planted shall contain
proper amounts of topsoil and peat moss, but no chemical fertilizer
shall be added until the tree has been planted for one year.
7. All shade trees shall be planted in accordance with the landscaping
requirements of the Standard Specifications.
In zoning districts where bulk storage is a permitted accessory
use, the following minimum requirements shall apply:
A. No bulk storage of materials or equipment shall be permitted in any
required front yard area or within 100 feet of any public street,
whichever is greater.
B. No bulk storage of materials or equipment shall be permitted in the
front yard, or within any side or rear setback area required per the
zoned district.
C. All bulk storage areas shall be screened, from public view by means
of suitable fencing and/or evergreen plantings as required by the
Planning Board. Where the property is adjacent to a residential zone,
the screening shall meet the minimum requirements of Section 8.4 of
this chapter.
D. No fence used to screen a bulk storage area shall be placed closer to any property line than the distance constituting the required front, side or rear setbacks and all setback areas shall be landscaped in accordance with the requirements of Section
16A-8.4 of this chapter.
E. All service roads, driveways and bulk storage areas shall be paved
with bituminous concrete or other surfacing material, as required
by the Planning Board, which shall be of sufficient strength to handle
the anticipated use.
F. In no instance shall on-site bulk storage of material exceed the
height of 10 feet.
G. No heavy equipment shall be operated or parked closer to the front
property line than the front setback plus 50 feet, except as the same
may be in transit to or from the site.
Common Open Space or Public Open Space areas proposed to be
provided in conjunction with applications for development for subdivisions
or site plans shall be subject to the following requirements:
A. Cluster (Reduced Lot Size) Development Open Space Requirements. Open
space areas within cluster (reduced lot size) subdivisions shall be
subject to all provisions of this section and the following specific
requirements:
1. A minimum of 20% of the tract of land proposed for development shall
not be included in building lots or streets and shall be set aside
for open space. If the subdivision is to be developed in sections,
it shall be designed in a manner that at any stage of development
at least 20% of the land area of the sections approved is set aside
for open space.
2. Each open space area should contain a minimum of two contiguous acres.
3. Open space areas should not be less than 50 feet in width at any
location, except where such open space is to be utilized primarily
for walkway access from a public street to the open space at the rear
of building lots, it may have a minimum width of 20 feet for a length
not to exceed 250 feet.
4. Where possible, all of the following land areas and features shall
be preserved as open space:
a.
Floodway and flood hazard areas.
b.
Areas containing a significant number of specimen trees as determined
by the Environmental Commission.
c.
Existing watercourses, ponds.
d.
Land with a seasonal high water table of less than two feet.
e.
Wetlands as defined by the New Jersey Wetlands Act of 1970 and
delineated on wetlands maps prepared by the New Jersey Department
of Environmental Protection.
f.
Wetlands as defined in Chapter
19 of the Revised General Ordinances of the Borough of Little Silver.
B. Site Preparation. Within open space areas, the Planning Board may
require a developer to make certain site preparation improvements,
which may include, but are not limited to the following:
1. Removal of dead or diseased trees.
2. Thinning of trees or other growth to encourage more desirable, growth.
3. Removal of trees in areas planned for ponds, lakes, active recreational
facilities or pathways.
C. Reservation of Public Areas.
1. If the Master Plan or the official map provides for the reservation
of designated streets, public drainage ways, flood control basins,
or public areas within the proposed development, before approving
a subdivision or site plan, the Planning Board may further require
that such streets, ways, basins or areas be shown on the plat in locations
and sizes suitable to their intended uses. The Planning Board may
reserve the location and extent of such streets, ways, basins or areas
shown on the plat for a period of one year after the approval, of
the final plat or within such further time as may be agreed to by
the developer. Unless during such period or extension thereof the
municipality shall have entered into a contract to purchase or institute
condemnation proceedings according to law for the fee or a lesser
interest in the land comprising such streets, ways, basins or areas,
the developer shall not be bound by such reservations shown on the
plat and way proceed to use such land for private use in accordance
with applicable development regulations. The provisions of this section
shall not apply to streets and roads, flood control basins or public
drainage ways necessitated by the subdivision or land development
and required for final approval.
2. The developer shall be entitled to just compensation for actual loss
found to be caused by such temporary reservation and deprivation of
use. In such instance, unless a lesser amount has previously been
mutually agreed upon, just compensation shall be deemed to be the
fair market value of an option to purchase the land reserved for the
period of reservation; provided that determination of such fair market
value shall include, but not be limited to, consideration of the real
property taxed apportioned to the land reserved and prorated for the
period of reservation. The developer shall be compensated for the
reasonable increased cost of legal, engineering or other professional
services incurred in connection with obtaining subdivision approval
or site plan approval, as the case may be, caused by the reservation.
D. Recreation Areas. Where it is considered appropriate by the Planning
Board, portions of proposed open spaces may be designated for passive
and/or active recreational activities. Passive recreational activities
may include, but are not limited to, pedestrian paths, bicycle paths,
sitting areas and naturally preserved areas. Active recreational activities
may include, but are not limited to, swimming pools, tennis courts,
and ball fields. The location and shape of any land to be designated
for recreational activities shall be approved by the Planning Board
based on, but not limited to, the following standards:
1. The Board shall consider the natural topography and shall attempt
to preserve the same to the greatest extent possible.
2. The Board shall attempt to tailor the location and shape of recreational
areas to harmonize with the shape of the entire development.
3. The Board shall consider the extent to which specific recreational
areas shall be used for passive or active recreational purposes.
4. The Board shall request and consider recommendations from the appropriate
Borough officials.
5. The Board shall consider the extent to which the residents of the
development shall be served by other existing or future recreational
facilities or lands within or in the vicinity of the development.
6. The Board shall consider the sequence of development.
7. The Board shall consider the effect which the location and shape
of recreational areas in the development will have upon the application
of sound planning principles as well as the general welfare, health
and safety of the residents of the development.
E. Open Space Ownership.
1. The type of ownership of land dedicated for open space purposes shall
be selected by the owner, developer, or subdivider subject to the
approval of the Planning Board and may include, but is not necessarily
limited to the following:
a.
The Borough of Little Silver, (subject to acceptance of the
Borough Council).
b.
Other public jurisdictions or agencies (subject to their acceptance).
c.
Quasi-public organizations (subject to their acceptance).
d.
Homeowners' or condominium associations or organizations.
e.
Shared, undivided interest by all property owners in the development.
2. Any lands dedicated for open space purposes shall contain appropriate
covenants and deed restrictions approved by the Planning Board, which
insure that:
a.
The open space area will not be further subdivided in the future.
b.
The use of the open space areas will continue in perpetuity
for the purpose specified.
c.
Appropriate provisions are made for the maintenance of the open
space areas.
F. Maintenance of Common Open Space.
1. The Borough or other governmental agency may, at any time and from
time to time, accept the dedication of land or any interest therein
for public use and maintenance, but the Planning Board shall not require,
as a condition of approval, that land proposed to be set aside for
common open space be dedicated or made available to public use.
2. The developer shall provide for an organization for the ownership
and maintenance of any open space for the benefit of owners or residents
of the development, if said open space is not dedicated to the Borough
or other governmental agency. Such organization shall not be dissolved
and shall not dispose of any open space, by sale or otherwise, except
to an organization conceived and established to own and maintain the
open space for the benefit of such development, and thereafter such
organization shall not be dissolved or dispose of any of its open
space without first offering to dedicate the same to the Borough.
3. In the event that such organization shall fail to maintain the open
space in reasonable order and condition, the Administrative Officer
may serve written notice upon such organization or upon the owners
of the development setting forth the manner in which the organization
has failed to maintain the open space in reasonable condition, and
said notice shall include a demand that such deficiencies of maintenance
be cured within 35 days thereof, and shall state the date and place
of a hearing thereon which shall be held within 15 days of the notice.
At such hearing, the Administrative Officer may modify the terms of
the original notice as to deficiencies and may give a reasonable extension
of time not to exceed 65 days within which they shall be cured.
If the deficiencies set forth in the original notice or in the
modification thereof shall not be cured within said 35 days or any
permitted extension thereof, the Borough, in order to preserve the
open space and maintain the same for a period of one year may enter
upon and maintain such land. Said entry and maintenance shall not
vest in the public any rights to use the open space except when the
same is voluntarily dedicated to the public by the owners. Before
the expiration of said year, the Administrative Officer shall, upon
his initiative or upon the request of the organization theretofore
responsible for the maintenance of the open space, call a public hearing
upon 15 days' written notice to such organization and to the owners
of the development, to be held by the Zoning Officer, at which hearing
such organization and the owners of the development shall show cause
why such maintenance by the Borough shall not, at the election of
the Borough, continue for a succeeding year. If the Administrative
Officer shall determine that such organization is ready and able to
maintain said open space in reasonable condition, the Borough shall
cease to maintain said open space at the end of said year. If the
Zoning Officer shall determine such organization is not ready and
able to maintain said open space in a reasonable condition, the Borough
may, in its discretion continue to maintain said open space during
the next succeeding year, subject to a similar hearing and determination,
in each year thereafter. The decision of the Zoning Officer in any
such case shall constitute a final administrative decision subject
to judicial review.
4. The cost of such maintenance by the Borough shall be assessed pro
rata against the properties within the development that have a right
of enjoyment of the open space in accordance with assessed value at
the time of imposition of the lien, and shall become a lien and tax
on said properties and be added to and be a part of the taxes to be
levied and assessed thereon, and enforced and collected with interest
by the same officers and in the same manner as other taxes.
An environmental impact report shall accompany all applications
for preliminary subdivision and preliminary site plan approval. Such
report shall provide the information needed to evaluate the effects
of the project for which approval is sought upon the environment and
shall include data to be distributed, reviewed and passed upon as
follows:
A. A project description which shall specify what is to be done and
how it is to be done, during construction and operation, as well as
recital of alternative plans deemed-practicable to achieve the objective.
B. An inventory of existing environmental conditions at the project
site and in surrounding region which shall describe air quality, water
quality, water supply, hydrology, geology, soils and properties thereof,
including capabilities and limitations, sewage systems, topography,
slope, vegetation, wildlife, habitat, aquatic organisms, noise characteristics
and levels, demography, land use, aesthetics, history and archeology.
Air and water quality shall be described with reference to standards
promulgated by the Department of Environmental Protection of the State
of New Jersey and soils shall be described with reference to criteria
contained in the Freehold Area Soil Conservation District Standards
and Specifications.
C. An assessment of the probable impact of the project upon all topics
set forth in Paragraph B.
D. A listing and evaluation of adverse environmental impacts which cannot
be avoided, with particular emphasis upon air or water pollution,
increase in noise, damage to plant, tree and wildlife systems, damage
to natural resources, displacement of people and businesses, displacement
of existing farms, increase in sedimentation and siltation, increase
in municipal services and consequences to municipal tax structure.
Off-site impact shall also be set forth and evaluated.
E. A description of steps to be taken to minimize adverse environmental
impacts during construction And operation, both at the project site
and in the surrounding region, such description to be accompanied
by necessary maps, schedules and other explanatory data as may be
needed to clarify and explain the actions to be taken.
F. A statement concerning any irreversible and irretrievable commitment
of resources which would be involved in the proposed action should
it be implemented.
G. A statement of alternatives to the proposed project which might avoid
some or all of the adverse environmental effects, including a no-action
alternative.
H. Three copies of the Environmental Impact Report shall be submitted
to the Planning Board of Little Silver together with a filing of the
application.
I. The Planning Board shall submit the Environmental Impact Report to
the Environmental Commission of the Borough of Little Silver and the
Borough Engineer for review and recommendation. The Environmental
Commission shall review the Report and submit to the Planning Board
its recommendations respecting the same within 60 days after receipt
thereof. Upon completion of all reviews and public hearings, but in
any event not later than 30 days after the date of its next regular
meeting following the filing of the Report, the Planning Board shall
either approve or disapprove the Environmental Impact Report as a
part of its underlying function with respect to site plan review.
In reaching a decision the Planning Board shall take into consideration
the effect of the applicant's proposed project upon all aspects of
the environment as outlined above as well as the sufficiency of applicant's
proposals for dealing with any immediate or projected adverse environmental
effects. If the Planning Board fails to act within the time period
set forth above, unless extended by agreement with the applicant,
the Report shall be deemed to have been disapproved.
J. Upon approval by the Planning Board, the Environmental Impact Report
shall be marked or stamped "Approved" by the Secretary of the Planning
Board and shall be designated as the "Final Environmental Impact Report".
K. Notwithstanding for foregoing, the Planning Board may, at the request
of an applicant, waive the requirement for an Environmental Impact
Report if sufficient evidence is submitted to support a conclusion
that the proposed development will have a slight or negligible environmental
impact. Portions of such requirement may likewise be waived upon a
finding that a complete report need not be prepared in order to evaluate
adequately the environmental impact of a particular project.
L. An Environmental Impact Report as required herein shall also be submitted
as to all public or quasi-public projects unless such are exempt from
the requirement of local law by supervening County, State or Federal
law.
Guard-rails, pipe railing or other appropriate barricades, as
required by the Planning Board shall be designed and placed at drainage
structures, streams, embankment limits, curves and other required
locations. Guard-rails shall be standard steel beam type with galvanized
steel posts in accordance with the Standard Construction Details.
Alternate design of guardrails and barricades may be used and shall
be submitted for approval as part of the final plat submission.
In all zones and in connection with every industrial, commercial,
institutional, professional, recreational, residential or any other
use, there shall be provided off-street parking spaces in accordance
with the following requirements and parking lot standards:
A. Type of Parking Permitted. Each dead storage bay of an off-street
parking space may be perpendicular with the aisle, parallel with the
aisle, or at any angle between 60° and 90°. No angle parking
layout shall be permitted with an angle less than 60°.
B. Stall Size.
1. Automobiles. Each perpendicular or angle off-street parking space
shall occupy a rectangular area of not less than nine feet in width
and 18 feet in depth, for shopping centers shall be not less than
10 feet in width and 20 feet in depth exclusive of access drives and
aisles, except that parking spaces for the physically handicapped
shall be 12 feet wide and 16 feet wide for van accessible parking.
Parallel parking spaces shall occupy a rectangular area 10 feet by
23 feet.
2. Other Vehicles:
a.
Uses that own, rent or service motor vehicles larger than automobiles
which must be parked and/or stored on the site shall indicate in the
statement of operations submitted with the site plan, the size of
such vehicles and the anticipated largest, number of such vehicles
to be stored and/or parked on-the site at any single time and the
site plan shall show a sufficient number of parking and/or storage
stalls at an adequate size for the largest number of such vehicles
to be parked and/or stored on the site at any one time. Aisles providing
for access to such parking and/or storage stalls shall be of adequate
width for the vehicles to be served.
b.
Failure of an applicant to indicate, where applicable, in the
statement of operations that vehicles larger than automobiles are
to be parked and/or stored on the site and provide for such parking
and/or-storage on the site plan shall be a violation of this chapter,
and any building permit or Certificate of Occupancy that has been
issued shall not be valid and may be revoked.
c.
Any change of use to a use which requires parking and/or storage
space for a greater number of vehicles larger than automobiles than
the previous use shall be required to make application for site plan
approval.
3. When off-street parking is provided in connection with a use which
will assign or can control the utilization of parking areas (for example,
employee only parking areas), the Planning Board may approve separate
parking areas for subcompact vehicles having a length of less than
17 feet and a width of eight feet or less. Appropriate signing and
marking shall be required. The number of parking stalls which may
be designed for subcompact vehicles shall be determined by the Planning
Board based upon documentation submitted by the applicant.
C. Aisle Widths.
1. Aisles from which cars directly enter or leave parking spaces shall
not be less than 24 feet wide for perpendicular parking or for parking
at any angle greater 60°, and 20 feet wide for 60° angle parking,
except that all two-way aisles shall be a minimum of 24 feet wide.
2. Only angle parking stalls or parallel parking stalls shall be used
with one-way aisles.
D. Access Drives.
1. Entrance and exit drives shall have a minimum width of 18 feet for
those designed for one-way traffic and 24 feet for those carrying
two-way traffic.
2. Parking areas for 25 or more cars and access drives for all parking
areas on arterial highways shall provide curbed return radii of not
less than 25 feet for all right turn movements and left turn access
from one-way streets and concrete aprons on entrance and exit drives.
3. Parking areas for less than 25 cars shall utilize concrete aprons
without curb returns at entrance and exit drives which are not located
on a minor arterial or principal arterial highway.
E. Paint Striping. All parking areas may provide paint striping to delineate
parking stalls, barrier lines, lane lines, directional arrows, stop
lines, fire lanes and other striping as may be required to insure
safe and convenient traffic circulation. Such striping shall be in
substantial conformance with the Uniform Manual on Traffic Control
Devices.
F. Traffic Signs. All parking areas shall provide traffic control signs
and devices necessary to insure safe and convenient traffic circulation.
Such devices shall be in substantial conformance with the Uniform
Manual on Traffic Control Devices.
G. Curbing. The perimeter of all parking areas and internal islands within all parking areas open to the general public shall have continuous cast in place concrete curbing in accordance with Section
16A-8.10 of this chapter with a six inch face or such alternate curb types as may be approved by the Planning Board at the time of site plan approval. The Planning Board may waive the requirement for curb in parking areas open only to employees, service vehicles or for loading and unloading, provided that drainage, vehicle control and safety can be properly accommodated by alternate means.
H. Paving. All parking areas shall provide pavement in accordance with the requirements of local streets set forth in Section
16A-8.22 of this chapter, except as follows:
1. Parking areas for less than 50 cars which the Planning Board determines are not likely to be utilized by heavy truck traffic or drive-up window service, may be paved with two inches of surface pavement, Mix I-5, over a four inch stabilized bituminous base, Mix 1-2, all in accordance with the specifications contained in Section
16A-8.21.
2. In parking areas for 100 or more cars, access drives and aisles, which the Planning Board determines are likely to be utilized by heavy trucks or unusually high traffic volumes, shall provide paving in accordance with the requirements for streets other than local streets set forth in Section
16A-8.22 of this chapter.
3. Parking areas in residential zones for uses other than single family
dwellings may be located in any rear or side yard, but may not be
located in any required front yard.
4. Where parking is permitted between the front building line and the
street line, whether by this chapter or variance, a safety island
or raised median separating the public street from the parking area
shall be provided in accordance with the following minimum requirements:
a.
The width of the safety island shall be that width between the
proposed curb line to a point eight feet inside the property line.
When this width is less than 18 feet, the parking area shall be reduced
to provide a minimum width for the safety island of 18 feet. All required
tree and shrub plantings shall be placed on the on-site portion of
the safety island.
b.
When perpendicular or angled parking spaces abut the safety
island, the stall depth shall be measured from a point two feet outside
the face of the curb for perpendicular spaces or angled spaces greater
than 60, and three feet outside the face of the curb for 60° angle
spaces. Such parking spaces shall be separated from access drives
by curbed islands with a minimum width, of 10 feet.
c.
Safety islands shall be landscaped, topsoiled and seeded, except
that they may, as an alternative to seeding, be provided with cover
or mulch of maintenance free materials which provide a clear and unmistakable
distinction between the parking area and the safety island.
d.
Notwithstanding the use of maintenance-free materials, there
shall be provided at least, one deciduous tree two inches in diameter
at breast height every 40 feet, or part thereof, on all safety islands.
A greater distance will be allowed for plantings are necessary for
traffic safety. The area between trees shall be planted with a minimum
of three evergreen type shrubs. The portions of any safety island
within 25 feet of any access drive or street intersection shall be
planted with evergreen shrubs less than 30 inches in height. Alternate
or additional plantings may be omitted by the Planning Board in accordance
with an approved site plan.
e.
No commercial signs, light stands or other aboveground obstructions
other than plantings shall be permitted within 10 feet of the street
right-of-way.
5. All required parking spaces and facilities shall be located on the
same lot or parcel as the structure or use it shall serve. In the
case of non-residential uses, parking facilities may be provided on
other lots or parcels within a radius of 300 feet from the boundary
of the lot containing the use to which said parking facilities are
accessory, provided the said lots are in the same ownership as the
lot containing the principal use and subject to deed restrictions
binding the owner and his heirs, successors and assigns to maintain
the required number of spaces available and required facilities throughout
the life of such use.
6. Required parking spaces for the physically handicapped should be
located to provide convenient access to building entrances by way
of depressed curbs and ramps in accordance with State regulations.
a.
Parking spaces for the physically handicapped shall be a minimum
of 12 feet in width and a minimum of 16 feet in width for van accessible
and the number or spaces to be provided be determined by the following
table:
Total Parking Spaces in Parking Area
|
Minimum Number of Spaces to Be Provided for Physically Handicapped
|
---|
up to 25
|
1 (van accessible)
|
26 to 50
|
2 (1 shall be van accessible)
|
51 to 75
|
3 (1 shall be van accessible)
|
76 to 100
|
4 (1 shall be van accessible)
|
over 100
|
4 plus 1 for each 50 over 100 spaces (2 van accessible)
|
b.
Where possible, such spaces shall be located so that persons
in wheelchairs or using braces or crutches are not compelled to wheel
or walk behind parked cars.
c.
Lines designating the handicapped spaces shall be painted in
blue paint, and a sign(s) shall be posted and maintained, said sign(s)
to conform to regulations adopted by the Director of Motor Vehicles
and/or be in conformance with N.J.S.A. 39:4-198.
d.
All signing, pavement marking, depressed curbing and/or ramps
shall be maintained in good and proper condition, including but not
limited to the condition of required markings and signs which should
remain distinctly visible at all times.
e.
Any owner of premises required to provide handicapped parking
stalls who fails to maintain stalls, curbing, signs, or markings in
proper condition shall be subject to a fine of not less than $50 nor
more than $250. Each date that an owner fails to satisfy the obligations
of this article shall constitute a separate violation.
I. Small Parking Areas. Parking lots having 50 or less spaces shall
be designed to provide the following minimum design requirements.
1. A safety island where parking is permitted in the front yard area.
2. A five foot unbroken landscaping strip along side and rear property
lines. The five foot landscaping strips shall have the same minimum
planting requirements as safety islands, except that:
a.
Where screening is required under this chapter, the screening
requirements shall take precedence.
b.
Where the property abuts a lot zoned for non-residential purposes,
but utilized for residential purposes, the Planning Board may also
require screening.
3. Not more than one two -way access drive or two one-way access drives
shall be permitted on any street.
4. Where possible, access drives shall not be located closer than 100
feet from the nearest right-of-way line of an intersecting street,
or closer than 25 feet to any side or rear property line.
5. No parking stall shall be located to require a vehicle to back into
any portion of the right-of-way in order to enter or exit the parking
stall.
6. All parking areas for 10 or more vehicles shall have artificial lighting
that will provide a minimum lighting level of 0.5 horizontal foot
candles throughout the parking area and access drives. Free standing
light poles shall be no higher than the height of the highest principal
building plus five feet. Shielding shall be required where necessary
to prevent glare upon adjacent properties or streets.
J. Large Parking Areas. Parking lots which have a capacity for parking
more than 50 vehicles shall incorporate the following minimum design
standards:
1. All the minimum design standards for small parking areas.
2. All entrance drives shall extend a minimum distance of 100 feet back
from the street curb line or to an access aisle.
3. All exit drives shall extend a minimum distance of 60 feet back from
the street curb or to a major access aisle.
4. No parking stalls shall utilize the required entrance and exit drives
or major circulation drives as access aisles.
5. Wherever feasible, access drives located along one-way streets or
divided highways shall be separate one-way drives. Said drives shall
be located so that vehicles enter the parking area at the beginning
of the property and exit at the far end of the property unless other
considerations, such as a median opening, dictate otherwise.
6. Access drives shall not be located closer than 100 feet from the
nearest right-of-way line of an intersecting street, except that for
uses such as shopping centers, which in the opinion of the Planning
Board will generate large traffic volumes, access drives shall not
be located closer than 200 feet from the nearest right-of-way line
of an intersecting street.
7. No driveway shall be located less than 25 feet from the side property
line or within 50 feet of an existing drive, whichever is greater.
8. Properties having a frontage in excess of 500 feet on any one street
shall be permitted two-way and one-way access drives providing for
not more than two entrance and two exit movements on the street. Properties
having a frontage in excess of 1,000 feet on any one street may be
permitted to have additional access drives subject to the approval
of the Planning Board.
9. Where the Planning Board determines that the total number of off-street
parking spaces required by this chapter may not be immediately required
for a particular use, it may permit a staged development plan, which
requires that only a portion of the parking area, but not less than
65% of the required spaces, be completed initially, subject to the
following regulations:
a.
The site plan shall clearly indicate both that portion of the
parking area to be initially paved and the total parking needed to
provide the number of spaces required by this chapter.
b.
The site plan shall provide for adequate drainage of both the
partial and total parking areas.
c.
The portion of the parking area not to be paved initially shall be landscaped in accordance with Section
16A-8.4C of this chapter.
d.
The applicant shall post separate performance guarantees in addition to the performance guarantees required under Article
VII of this chapter which shall reflect the cost of installing the additional parking facilities necessary to provide the total number of parking spaces required.
e.
In lieu of a permanent Certificate of Occupancy, a temporary
Certificate of Occupancy shall be issued for a period of two years.
Prior to the expiration of the two-year period, the applicant may
either (1) install the additional parking shown on the site plan and
apply to the Construction Official for issuance of a permanent Certificate
of Occupancy; or (2) apply to the Planning Board after the use has
been in operation a minimum of 18 months for a determination as to
whether or not the initial parking area provided is adequate. If the
Planning Board determines that the parking facility is adequate as
originally constructed, the performance guarantees may be released
and a permanent Certificate of Occupancy issued. If, however, the
Planning Board determines that the partial off-street parking area,
is not adequate, the applicant shall be required to install the additional
parking facilities in accordance with the terms of the performance
guarantees prior to issuance of a permanent Certificate of Occupancy.
f.
Any change of use on a site for which the Planning Board may
have approved a partial paving of off-street parking areas, to a use
which requires more parking spaces than are provided on the site,
shall require submission of a new site plan.
K. Parking Area Landscaping. Every parking lot with more than 100 spaces
shall be divided as nearly as possible into smaller lots of 50 spaces
separated by landscaped dividing strips, excepting the area for access
aisles. The plantings required within the parking area shall be considered
exclusive from any other plantings that may be required for screening
or safety island planting. All landscaping for dividing strips shall
be shown as part of the detailed landscaping plan submission, where
required. The following criteria shall apply for internal landscaped
dividing strips:
1. They shall have a minimum width of 10 feet.
2. They shall be seeded and topsoiled. The use of maintenance free material
other than seeding and topsoil may be permitted if the same provides
a safe and attractive alternative.
3. Unless otherwise approved by the Planning Board, they shall be planted with deciduous trees of two inch diameter at breast height with a maximum distance between trees at ground level of 40 feet. All trees shall be planted in a dormant state and in accordance with the appropriate requirements of Section
16A-8.4. The area between trees shall be planted with a minimum of three evergreen type shrubs.
4. The depth of perpendicular or angled parking stalls, which abut a
landscaped dividing strip, shall be measured from a point two feet
outside the face of the curb for perpendicular spaces or angled spaces
greater than 60° and three feet outside the face of the curb for
60° angled spaces.
L. Retaining Walls and Embankment Slopes.
1. In the event that parking is proposed on a lot or site having a slope
greater than 10%, regardless of site, it shall be terraced, utilizing
retaining walls or properly reinforced embankment slopes and providing
for adequate safety, stability and drainage. At no time should an
embankment slope that is not reinforced, or any other earthen material
having a greater elevation than the adjacent parking area, have a
slope exceeding a ratio of 3:1.
2. When retaining walls, terraces, embankment slopes or similar types
of earthen retaining devices are necessitated adjacent to or within
the parking area, they shall be kept in good repair or otherwise maintained
so as to keep the parking area free of debris and dirt.
M. Access to Adjoining Property. No unrestricted vehicular access shall
be permitted between adjacent properties. Vehicular access, if agreed
upon by the owners or possessors of adjacent properties, or if required
by the Planning Board, shall normally be limited to one opening providing
two lanes of traffic and shall be located in such a manner as to offer
continuity of a similar access drive on the adjacent property. The
opening shall occur at a point having the greatest distance from the
street line which would facilitate the joining of properties. Access
shall normally be denied across the remainder of the side lines by
construction of a landscaped dividing strip, five feet in width on
the property being developed. If and when the adjacent property is
developed, there shall be a similar dividing strip at least five feet
wide. All dividing strips shall be landscaped as provided in this
section. The Planning Board may also require that provision be made
for future connection to adjacent undeveloped properties.
N. Minimum Off-street Parking Spaces Required.
1. Automotive Repair Garage or Body Shop: one parking space for each
400 square feet of gross floor area.
2. Automotive Sales and Service: one parking space for each 400 square
feet of gross floor area shall be provided for customer and employee
parking. These areas shall be in addition to areas utilized for display
and storage of vehicles. Site plans shall specify which parking spaces
are designated for customers, employees, display and storage.
3. Automotive Service Station: five parking spaces for each service
bay, exclusive of vehicle service area. In no instance shall there
be less than five off-street parking spaces.
4. Banks, Savings and Loan Associations and Similar Financial Institutions:
one parking space for each 200 square feet of gross floor area.
5. Barber and Beauty Shop: three parking spaces for each chair (if known),
but not less than one parking space per 200 square feet of gross floor
area.
6. Business Offices: one parking space for each 150 square feet of gross
floor area.
7. Church, Temple or Chapel: one parking space for each four seats in
the main congregation seating area. Where no individual seats are
provided, 20 inches of bench shall be considered as one seat. Where
seats or benches are not provided, or are provided only in a portion
of the main congregation seating area, one parking space for each
50 square feet of floor area within the main congregation seating
area.
8. Community Center, Library, Museum, Art Gallery: one parking space
for each 200 square feet of gross floor-area.
9. Community Club, Private Club, Lodge: one parking space for each 100
square feet of gross floor area, plus 1.5 spaces for each boat slip
where applicable.
10.
Meeting Rooms, Assembly or Exhibition Hall: one parking space
for each 50 square feet of gross floor area.
11.
Dwellings: two parking spaces for each single family dwelling.
12.
Dental or Medical Offices: one parking space for each 100 square
feet of gross floor area, except that if located within a building
housing three or more separate, unassociated practioners the requirement
shall be one parking space for each 150 square feet of gross floor
area.
13.
Farmers Market. One parking space for each 1,000 square feet
of land area in the site.
14.
Furniture, Appliance Stores or Similar Types of Uses Requiring
Large Amounts of Storage: one parking space for each 400 square feet
up to 4,000 square feet, plus one parking space for each 800 square
feet of gross floor area above 4,000 square feet.
15.
Government Office: to be determined by the Planning Board, except
that governmental offices within privately owned buildings shall provide,
a minimum of one parking space for each 150 square feet of gross floor
area.
16.
Hardware, Auto Supply Stores: one parking space for each 400
square feet of gross floor area.
17.
Laundromats or Similar Coin-operated Cleaning: one parking space
for each 200 square feet of gross floor area.
18.
Manufacturing or Industrial Establishment, Research or Testing
Laboratory, Bottling Plant or Similar Uses: one parking space for
each 500 square feet of gross floor area.
19.
Professional Office: One parking space for each 200 square feet
of gross floor area.
20.
Public and Private Utilities, Electrical Substation, Gas Regulator,
Water Works. Pumping Station and Similar Facilities: to be determined
by the Planning Board based on the specific need of the use.
21.
Restaurant, Cafe, Diner: one parking space for each 50 square
feet of gross floor area.
22.
Recreation Facilities: those not specifically mentioned herein
shall be determined by the Planning Board.
23.
Residential: for all residential developments, parking shall
be provided as set forth in the Residential Site Improvement Standards
(RSIS), as set forth in Table 4.4.-Parking Requirements for Residential
Land Uses.
24.
Retail Stores, Except Otherwise Specified: one parking space
for each 150 feet of gross floor area.
25.
Studio: art, music, dance, gymnastics and similar for the purpose
of giving instruction rather than shows or exhibitions: one parking
space for each 100 feet of gross floor area.
26.
Schools:
a.
Elementary: one parking space for each eight students based
on design capacity.
b.
High School: one space for each three students based on design
capacity.
27.
Nursery School, Day Camp or Similar Uses: one parking space
for each 500 square feet of gross floor area.
28.
Shopping Centers: six parking spaces for each 1,000 square feet
of gross floor area.
29.
Veterinary Clinics or Hospitals or Animal Care Facilities: one
parking space for each 400 square feet of gross floor area.
30.
Warehouse, Wholesale, Machinery or Large Equipment Sales; one
parking space for each 1,500 square feet of gross floor area, plus
one parking space for each vehicle used in connection with the business.
O. Criteria for Determining Required Parking Spaces. In computing the
number or the above required parking spaces, the following rules shall
govern:
1. Where fractional spaces result, the required, number shall be construed
to be the nearest whole number.
2. The parking space requirements for a use not specifically mentioned
herein shall be the sane as required for a use of similar nature as
determined by the Planning Board based upon that use enumerated herein
which is most similar to the proposed use. If there is no use enumerated
herein having sufficient similarity to the use proposed to enable
the Planning Board to establish rational parking requirements, the
Planning Board may, in its discretion, direct the applicant to furnish
the Planning Board with such data as may be necessary to enable the
Planning Board to establish rational parking requirements.
3. Nothing in the above requirements shall be construed to prevent the
joint use of off-street parking facilities by two or more uses on
the same site, provided the total of such spaces shall not be less
than the sum of the requirements for various individual uses computed
separately by the above requirements.
4. No part of off-street parking required by a structure or use shall
be included as part of an off-street parking requirement of another
use unless substantial proof and assurances are presented and it is
determined by the Planning Board that the use of this parking will
not be simultaneous.
Solid wastes from all uses other than single or two family homes,
if stored outdoors, shall be placed in metal receptacles within a
screened refuse area subject to the following minimum standards:
A. The screened refuse area shall not be located within any front yard
area.
B. The refuse storage area shall be surrounded on three sides by a solid
uniform fence or wall not less than five feet nor more than eight
feet in height. Such fence shall be exempt from the provisions of
any ordinance of the Borough regulating the height of fences and requiring
permits therefor.
C. A five-foot minimum width landscaping area shall be provided along
the fence or wall enclosing the refuse storage area. The landscaping
to be provided shall be shown on the site plan submitted for Planning
Board approval.
D. The opening in the enclosed refuse area should be located to minimize
the view of refuse from adjoining properties or public streets.
E. If located within or adjacent to a parking area or access drive,
the enclosed refuse area shall be separated from such parking area
or access drive by curbing.
F. The enclosed refuse area shall not be located so as to interfere
with traffic circulation or the parking of vehicles.
G. All refuse shall be deposited in containers maintained within the
refuse area. No containers shall be maintained anywhere on-site except
in a refuse area meeting these requirements.
H. If outdoor storage of solid waste is not proposed, the site plan
submission shall detail the methods proposed for accommodating solid
waste within the structure. The Planning Board may require that a
suitable area be set aside, but not improved, for a future solid waste
storage area meeting these requirements, even if indoor accommodations
for solid waste are proposed.
[Amended in entirety 11-9-2020 by Ord. No. 842-20]
[Added 11-9-2020 by Ord.
No. 842-20]
A. Policy Statement. Flood control, groundwater recharge, and pollutant
reduction shall be achieved through the use of stormwater management
measures, including green infrastructure Best Management Practices
(GI BMPs) and nonstructural stormwater management strategies. GI BMPs
and low impact development (LID) should be utilized to meet the goal
of maintaining natural hydrology to reduce stormwater runoff volume,
reduce erosion, encourage infiltration and groundwater recharge, and
reduce pollution. GI BMPs and LID should be developed based upon physical
site conditions and the origin, nature and the anticipated quantity,
or amount, of potential pollutants. Multiple stormwater management
BMPs may be necessary to achieve the established performance standards
for water quality, quantity, and groundwater recharge.
B. Purpose. The purpose of this Section
16A-8.28 is to establish minimum stormwater management requirements and controls for "major development," as defined below in §
16A-8.28.2.
C. Applicability.
1.
This Section
16A-8.28 shall be applicable to the following major developments:
a.
Non-residential major developments; and
b.
Aspects of residential major developments that are not pre-empted
by the Residential Site Improvement Standards at N.J.A.C. 5:21.
2.
This Section
16A-8.28 shall also be applicable to all major developments undertaken by the Borough of Little Silver.
D. Compatibility with Other Permit and Ordinance Requirements. Development approvals issued pursuant to this Section
16A-8.28 are to be considered an integral part of development approvals and do not relieve the applicant of the responsibility to secure required permits or approvals for activities regulated by any other applicable code, rule, act, or ordinance. In their interpretation and application, the provisions of this Section
16A-8.28 shall be held to be the minimum requirements for the promotion of the public health, safety, and general welfare.
This Section
16A-8.28 is not intended to interfere with, abrogate, or annul any other ordinances, rule or regulation, statute, or other provision of law except that, where any provision of this Section
16A-8.28 imposes restrictions different from those imposed by any other ordinance, rule or regulation, or other provision of law, the more restrictive provisions or higher standards shall control.
[Added 11-9-2020 by Ord.
No. 842-20]
For the purpose of this Section
16A-8.28, the following terms, phrases, words and their derivations shall have the meanings stated herein unless their use in the text of this Section
16A-8.28 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.
CAFRA CENTERS, CORES OR NODES
Means those areas with boundaries incorporated by reference
or revised by the Department in accordance with N.J.A.C. 7:7-13.16.
CAFRA PLANNING MAP
Means the map used by the Department to identify the location
of Coastal Planning Areas, CAFRA centers, CAFRA cores, and CAFRA nodes.
The CAFRA Planning Map is available on the Department's Geographic
Information System (GIS).
COMMUNITY BASIN
Means an infiltration system, sand filter designed to infiltrate, standard constructed wetland, or wet pond, established in accordance with N.J.A.C. 7:8-4.2(c)14, that is designed and constructed in accordance with the New Jersey Stormwater Best Management Practices Manual, or an alternate design, approved in accordance with N.J.A.C. 7:8-5.2(g), for an infiltration system, sand filter designed to infiltrate, standard constructed wetland, or wet pond and that complies with the requirements of this Section
16A-8.28.
COMPACTION
Means the increase in soil bulk density.
CONTRIBUTORY DRAINAGE AREA
Means the area from which stormwater runoff drains to a stormwater
management measure, not including the area of the stormwater management
measure itself.
CORE
Means a pedestrian-oriented area of commercial and civic
uses serving the surrounding municipality, generally including housing
and access to public transportation.
COUNTY REVIEW AGENCY
Means an agency designated by the Board of County Commissioners
to review municipal stormwater management plans and implementing ordinance(s).
The county review agency may either be:
A.
A county planning agency; or
B.
A county water resource association created under N.J.S.A 58:16A-55.5,
if the ordinance or resolution delegates authority to approve, conditionally
approve, or disapprove municipal stormwater management plans and implementing
ordinances.
DEPARTMENT
Means the Department of Environmental Protection.
DESIGN ENGINEER
Means a person professionally qualified and duly licensed
in New Jersey to perform engineering services that may include, but
not necessarily be limited to, development of project requirements,
creation and development of project design and preparation of drawings
and specifications.
DESIGNATED CENTER
Means a State Development and Redevelopment Plan Center as
designated by the State Planning Commission such as urban, regional,
town, village, or hamlet.
DEVELOPMENT
Means 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
Means the placement or reconstruction of impervious surface
or motor vehicle surface, or exposure and/or movement of soil or bedrock
or clearing, cutting, or removing of vegetation. Milling and repaving
is not considered disturbance for the purposes of this definition.
DRAINAGE AREA
Means a geographic area within which stormwater, sediments,
or dissolved materials drain to a particular receiving waterbody or
to a particular point along a receiving waterbody.
EMPOWERMENT NEIGHBORHOODS
Means neighborhoods designated by the Urban Coordinating
Council "in consultation and conjunction with" the New Jersey Redevelopment
Authority pursuant to N.J.S.A 55:19-69.
ENVIRONMENTALLY CONSTRAINED AREA
Means the following areas where the physical alteration of
the land is in some way restricted, either through regulation, easement,
deed restriction or ownership such as: wetlands, floodplains, threatened
and endangered species sites or designated habitats, and parks and
preserves. Habitats of endangered or threatened species are identified
using the Department's Landscape Project as approved by the Department's
Endangered and Nongame Species Program.
ENVIRONMENTALLY CRITICAL AREA
Means an area or feature which is of significant environmental
value, including but not limited to: stream corridors, natural heritage
priority sites, habitats of endangered or threatened species, large
areas of contiguous open space or upland forest, steep slopes, and
well head protection and groundwater recharge areas. Habitats of endangered
or threatened species are identified using the Department's Landscape
Project as approved by the Department's Endangered and Nongame Species
Program.
EROSION
Means the detachment and movement of soil or rock fragments
by water, wind, ice, or gravity.
GREEN INFRASTRUCTURE
Means 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
Means an area within which water drains to a particular receiving
surface water body, also known as a subwatershed, which is identified
by a 14-digit hydrologic unit boundary designation, delineated within
New Jersey by the United States Geological Survey.
IMPERVIOUS SURFACE
Means a surface that has been covered with a layer of material
so that it is highly resistant to infiltration by water.
INFILTRATION
Is the process by which water seeps into the soil from precipitation.
LEAD PLANNING AGENCY
Means one or more public entities having stormwater management
planning authority designated by the regional stormwater management
planning committee pursuant to N.J.A.C. 7:8-3.2, that serves as the
primary representative of the committee.
MAJOR DEVELOPMENT
Means an individual "development," as well as multiple developments
that individually or collectively result in:
A.
The disturbance of one or more acres of land since February
2, 2004;
B.
The creation of one-quarter acre or more of "regulated impervious
surface" since February 2, 2004;
C.
The creation of one-quarter acre or more of "regulated motor
vehicle surface" since March 2, 2021; or
D.
A combination of paragraphs B and C above that totals an area
of one-quarter acre or more. The same surface shall not be counted
twice when determining if the combination area equals one-quarter
acre or more.
Major development includes all developments that are part of
a common plan of development or sale (for example, phased residential
development) that collectively or individually meet any one or more
of paragraphs A, B, C or D above. Projects undertaken by any government
agency that otherwise meet the definition of "major development" but
which do not require approval under the Municipal Land Use Law, N.J.S.A.
40:55D-1 et seq., are also considered "major development."
|
MOTOR VEHICLE
Means land vehicles propelled other than by muscular power,
such as automobiles, motorcycles, autocycles, and low speed vehicles.
For the purposes of this definition, motor vehicle does not include
farm equipment, snowmobiles, all-terrain vehicles, motorized wheelchairs,
go-carts, gas buggies, golf carts, ski-slope grooming machines, or
vehicles that run only on rails or tracks.
MOTOR VEHICLE SURFACE
Means any pervious or impervious surface that is intended
to be used by "motor vehicles" and/or aircraft, and is directly exposed
to precipitation including, but not limited to, driveways, parking
areas, parking garages, roads, racetracks, and runways.
MUNICIPALITY
Means any city, borough, town, township, or village.
NEW JERSEY STORMWATER BEST MANAGEMENT PRACTICES (BMP) MANUAL
OR BMP MANUAL
Means the manual maintained by the Department providing, in part, design specifications, removal rates, calculation methods, and soil testing procedures approved by the Department as being capable of contributing to the achievement of the stormwater management standards specified in this Section
16A-8.28. 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 Section
16A-8.28. Alternative stormwater management measures, removal rates, or calculation methods may be utilized, subject to any limitations specified in this Section
16A-8.28, provided the design engineer demonstrates to the municipality, in accordance with Section
16A-8.28.4F of this Section
16A-8.28 and N.J.A.C. 7:8-5.2(g), that the proposed measure and its design will contribute to achievement of the design and performance standards established by this Section
16A-8.28.
NODE
Means an area designated by the State Planning Commission
concentrating facilities and activities which are not organized in
a compact form.
NUTRIENT
Means a chemical element or compound, such as nitrogen or
phosphorus, which is essential to and promotes the development of
organisms.
PERSON
Means any individual, corporation, company, partnership,
firm, association, political subdivision of this State and any state,
interstate or Federal agency.
POLLUTANT
Means any dredged spoil, solid waste, incinerator residue,
filter backwash, sewage, garbage, refuse, oil, grease, sewage sludge,
munitions, chemical wastes, biological materials, medical wastes,
radioactive substance (except those regulated under the Atomic Energy
Act of 1954, as amended (42 U.S.C. §§ 2011 et seq.)),
thermal waste, wrecked or discarded equipment, rock, sand, cellar
dirt, industrial, municipal, agricultural, and construction waste
or runoff, or other residue discharged directly or indirectly to the
land, ground waters or surface waters of the State, or to a domestic
treatment works. "Pollutant" includes both hazardous and nonhazardous
pollutants.
RECHARGE
Means the amount of water from precipitation that infiltrates
into the ground and is not evapotranspired.
REGULATED IMPERVIOUS SURFACE
Means 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
Means any of the following, alone or in combination:
A.
The total area of motor vehicle surface that is currently receiving
water;
B.
A net increase in motor vehicle surface; and/or quality treatment
either by vegetation or soil, by an existing stormwater management
measure, or by treatment at a wastewater treatment plant, where the
water quality treatment will be modified or removed.
SEDIMENT
Means solid material, mineral or organic, that is in suspension,
is being transported, or has been moved from its site of origin by
air, water or gravity as a product of erosion.
SITE
Means the lot or lots upon which a major development is to
occur or has occurred.
SOIL
Means all unconsolidated mineral and organic material of
any origin.
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
Means water resulting from precipitation (including rain
and snow) that runs off the land's surface, is transmitted to the
subsurface, or is captured by separate storm sewers or other sewage
or drainage facilities, or conveyed by snow removal equipment.
STORMWATER MANAGEMENT BASIN
Means 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
Means any practice, technology, process, program, or other
method intended to control or reduce stormwater runoff and associated
pollutants, or to induce or control the infiltration or groundwater
recharge of stormwater or to eliminate illicit or illegal non-stormwater
discharges into stormwater conveyances.
STORMWATER MANAGEMENT PLANNING AREA
Means the geographic area for which a stormwater management
planning agency is authorized to prepare stormwater management plans,
or a specific portion of that area identified in a stormwater management
plan prepared by that agency.
STORMWATER RUNOFF
Means water flow on the surface of the ground or in storm
sewers, resulting from precipitation.
TIDAL FLOOD HAZARD AREA
Means a flood hazard area in which the flood elevation resulting
from the two-, ten-, or 100-year storm, as applicable, is governed
by tidal flooding from the Atlantic Ocean. Flooding in a tidal flood
hazard area may be contributed to, or influenced by, stormwater runoff
from inland areas, but the depth of flooding generated by the tidal
rise and fall of the Atlantic Ocean is greater than flooding from
any fluvial sources. In some situations, depending upon the extent
of the storm surge from a particular storm event, a flood hazard area
may be tidal in the 100-year storm, but fluvial in more frequent storm
events.
URBAN ENTERPRISE ZONES
Means a zone designated by the New Jersey Enterprise Zone
Authority pursuant to the New Jersey Urban Enterprise Zones Act, N.J.S.A.
52:27H-60 et. seq.
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
Means a structure within, or adjacent to, a water, which
intentionally or coincidentally alters the hydraulic capacity, the
flood elevation resulting from the two-, ten-, or 100-year storm,
flood hazard area limit, and/or floodway limit of the water. Examples
of a water control structure may include a bridge, culvert, dam, embankment,
ford (if above grade), retaining wall, and weir.
WATERS OF THE STATE
Means the ocean and its estuaries, all springs, streams,
wetlands, and bodies of surface or groundwater, whether natural or
artificial, within the boundaries of the State of New Jersey or subject
to its jurisdiction.
WETLANDS or WETLAND
Means an area that is inundated or saturated by surface water
or ground water at a frequency and duration sufficient to support,
and that under normal circumstances does support, a prevalence of
vegetation typically adapted for life in saturated soil conditions,
commonly known as hydrophytic vegetation.
[Added 11-9-2020 by Ord.
No. 842-20]
A. Stormwater management measures for major development shall be designed
to provide erosion control, groundwater recharge, stormwater runoff
quantity control, and stormwater runoff quality treatment as follows:
1.
The minimum standards for erosion control are those established
under the Soil and Sediment Control Act, N.J.S.A. 4:24-39 et seq.,
and implementing rules at N.J.A.C. 2:90.
2.
The minimum standards for groundwater recharge, stormwater quality,
and stormwater runoff quantity shall be met by incorporating green
infrastructure.
B. The standards in this Section
16A-8.28 apply only to new major development and are intended to minimize the impact of stormwater runoff on water quality and water quantity in receiving water bodies and maintain groundwater recharge. The standards do not apply to new major development to the extent that alternative design and performance standards are applicable under a regional stormwater management plan or Water Quality Management Plan adopted in accordance with Department rules.
[Added 11-9-2020 by Ord.
No. 842-20]
A. The development shall incorporate a maintenance plan for the stormwater management measures incorporated into the design of a major development in accordance with Section
16A-8.28.10.
B. Stormwater management measures shall avoid adverse impacts of concentrated
flow on habitat for threatened and endangered species as documented
in the Department's Landscape Project or Natural Heritage Database
established under N.J.S.A. 13:1B-15.147 through 15.150, particularly
Helonias bullata (swamp pink) and/or Clemmys muhlenbergii (bog turtle).
C. The following linear development projects are exempt from the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity requirements of Section
16A-8.28.4P, Q and R:
1.
The construction of an underground utility line provided that
the disturbed areas are revegetated upon completion;
2.
The construction of an aboveground utility line provided that
the existing conditions are maintained to the maximum extent practicable;
and
3.
The construction of a public pedestrian access, such as a sidewalk
or trail with a maximum width of 14 feet, provided that the access
is made of permeable material.
D. A waiver from strict compliance from the green infrastructure, groundwater recharge, stormwater runoff quality, and stormwater runoff quantity requirements of Section
16A-8.28.4O, P, Q and R may be obtained for the enlargement of an existing public roadway or railroad; or the construction or enlargement of a public pedestrian access, provided that the following conditions are met:
1.
The applicant demonstrates that there is a public need for the
project that cannot be accomplished by any other means;
2.
The applicant demonstrates through an alternatives analysis, that through the use of stormwater management measures, the option selected complies with the requirements of Section
16A-8.28.4O, P, Q and R to the maximum extent practicable;
3.
The applicant demonstrates that, in order to meet the requirements of Section
16A-8.28.4O, P, Q and R, 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 16A-8.28.4D3 above within the upstream drainage area of the receiving stream, that would provide additional opportunities to mitigate the requirements of Section
16A-8.28.4O, P, Q and R that were not achievable onsite.
E. Tables 1 through 3 below summarize the ability of stormwater best management practices identified and described in the New Jersey Stormwater Best Management Practices Manual to satisfy the green infrastructure, groundwater recharge, stormwater runoff quality and stormwater runoff quantity standards specified in Section
16A-8.28.4O, P, Q and R. When designed in accordance with the most current version of the New Jersey Stormwater Best Management Practices Manual, the stormwater management measures found at N.J.A.C. 7:8-5.2(f) Tables 5-1, 5-2 and 5-3 and listed below in Tables 1, 2 and 3 are presumed to be capable of providing stormwater controls for the design and performance standards as outlined in the tables below. Upon amendment of the New Jersey Stormwater Best Management Practices Manual 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 Register a notice of administrative change revising the applicable table. The most current version of the BMP Manual can be found on the Department's website at: https://njstormwater.org/bmp_manual2.htm.
F. Where the BMP tables in the NJ Stormwater Management Rule are different due to updates or amendments with the tables in this Section
16A-8.28 the BMP Tables in the Stormwater Management rule at N.J.A.C. 7:8-5.2(f) shall take precedence.
Table 1
Green Infrastructure BMPs for Groundwater Recharge, Stormwater
Runoff Quality, and/or Stormwater Runoff Quantity
|
---|
Best Management Practice
|
Stormwater Runoff Quality TSS Removal Rate
(percent)
|
Stormwater Runoff Quantity
|
Groundwater Recharge
|
Minimum Separation from Seasonal High Water Table
(feet)
|
---|
Cistern
|
0
|
Yes
|
No
|
—
|
Dry Well(a)
|
0
|
No
|
Yes
|
2
|
Grass Swale
|
50 or less
|
No
|
No
|
2(e)
1(f)
|
Green Roof
|
0
|
Yes
|
No
|
—
|
Manufactured Treatment Device(a)(g)
|
50 or 80
|
No
|
No
|
Dependent upon the device
|
Pervious Paving System(a)
|
80
|
Yes
|
Yes(b) No(c)
|
2(b)
1(c)
|
Small-Scale Bioretention Basin(a)
|
80 or 90
|
Yes
|
Yes(b) No(c)
|
2(b)
1(c)
|
Small-Scale Infiltration Basin(a)
|
80
|
Yes
|
Yes
|
2
|
Small-Scale Sand Filter
|
80
|
Yes
|
Yes
|
2
|
Vegetative Filter Strip
|
60-80
|
No
|
No
|
—
|
(Notes corresponding to annotations(a) through (g) follow 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) follow Table 3.)
|
Table 3
BMPs for Groundwater Recharge, Stormwater Runoff Quality, and/or
Stormwater Runoff Quantity
only with a Waiver or Variance from N.J.A.C. 7:8-5.3
|
---|
Best Management Practice
|
Stormwater Runoff Quality TSS Removal Rate
(percent)
|
Stormwater Runoff Quantity
|
Groundwater Recharge
|
Minimum Separation from Seasonal High Water Table
(feet)
|
---|
Blue Roof
|
0
|
Yes
|
No
|
N/A
|
Extended Detention Basin
|
40-60
|
Yes
|
No
|
1
|
Manufactured Treatment Device(h)
|
50 or 80
|
No
|
No
|
Dependent upon the device
|
Sand Filter(c)
|
80
|
Yes
|
No
|
1
|
Subsurface Gravel Wetland
|
90
|
No
|
No
|
1
|
Wet Pond
|
50-90
|
Yes
|
No
|
N/A
|
Notes to Tables 1, 2, and 3:
|
---|
(a)
|
Subject to the applicable contributory drainage area limitation
specified at Section 16A-8.28.4O2.
|
(b)
|
Designed to infiltrate into the subsoil.
|
(c)
|
Designed with underdrains.
|
(d)
|
Designed to maintain at least a ten-foot wide area of native
vegetation along at least 50% of the shoreline and to include a stormwater
runoff retention component designed to capture stormwater runoff for
beneficial reuse, such as irrigation.
|
(e)
|
Designed with a slope of less than 2%.
|
(f)
|
Designed with a slope of equal to or greater than 2%.
|
(g)
|
Manufactured treatment devices that meet the definition of green infrastructure at Section 16A-8.28.2.
|
(h)
|
Manufactured treatment devices that do not meet the definition of green infrastructure at Section 16A-8.28.2.
|
G. An alternative stormwater management measure, alternative removal rate, and/or alternative method to calculate the removal rate may be used if the design engineer demonstrates the capability of the proposed alternative stormwater management measure and/or the validity of the alternative rate or method to the municipality. A copy of any approved alternative stormwater management measure, alternative removal rate, and/or alternative method to calculate the removal rate shall be provided to the Department in accordance with Section
16A-8.28.6B. Alternative stormwater management measures may be used to satisfy the requirements at Section
16A-8.28.4O only if the measures meet the definition of green infrastructure at Section
16A-8.28.2. Alternative stormwater management measures that function in a similar manner to a BMP listed at Section 16A-8.28.4O2 are subject to the contributory drainage area limitation specified at Section 16A-8.28.4O2 for that similarly functioning BMP. Alternative stormwater management measures approved in accordance with this subsection that do not function in a similar manner to any BMP listed at Section 16A-8.28.4O2 shall have a contributory drainage area less than or equal to 2.5 acres, except for alternative stormwater management measures that function similarly to cisterns, grass swales, green roofs, standard constructed wetlands, vegetative filter strips, and wet ponds, which are not subject to a contributory drainage area limitation. Alternative measures that function similarly to standard constructed wetlands or wet ponds shall not be used for compliance with the stormwater runoff quality standard unless a variance in accordance with N.J.A.C. 7:8-4.6 or a waiver from strict compliance in accordance with Section
16A-8.28.4D is granted from Section
16A-8.28.4O.
H. Whenever the stormwater management design includes one or more BMPs
that will infiltrate stormwater into subsoil, the design engineer
shall assess the hydraulic impact on the groundwater table and design
the site, so as to avoid adverse hydraulic impacts. Potential adverse
hydraulic impacts include, but are not limited to, exacerbating a
naturally or seasonally high water table, so as to cause surficial
ponding, flooding of basements, or interference with the proper operation
of subsurface sewage disposal systems or other subsurface structures
within the zone of influence of the groundwater mound, or interference
with the proper functioning of the stormwater management measure itself.
I. Design standards for stormwater management measures are as follows:
1.
Stormwater management measures shall be designed to take into
account the existing site conditions, including, but not limited to,
environmentally critical areas; wetlands; flood-prone areas; slopes;
depth to seasonal high water table; soil type, permeability, and texture;
drainage area and drainage patterns; and the presence of solution-prone
carbonate rocks (limestone);
2.
Stormwater management measures shall be designed to minimize maintenance, facilitate maintenance and repairs, and ensure proper functioning. Trash racks shall be installed at the intake to the outlet structure, as appropriate, and shall have parallel bars with one-inch spacing between the bars to the elevation of the water quality design storm. For elevations higher than the water quality design storm, the parallel bars at the outlet structure shall be spaced no greater than one-third the width of the diameter of the orifice or one-third the width of the weir, with a minimum spacing between bars of one inch and a maximum spacing between bars of six inches. In addition, the design of trash racks must comply with the requirements of Section
16A-8.28.8C;
3.
Stormwater management measures shall be designed, constructed,
and installed to be strong, durable, and corrosion resistant. Measures
that are consistent with the relevant portions of the Residential
Site Improvement Standards at N.J.A.C. 5:21-7.3, 7.4, and 7.5 shall
be deemed to meet this requirement;
4.
Stormwater management BMPs shall be designed to meet the minimum safety standards for stormwater management BMPs at Section
16A-8.28.8; and
5.
The size of the orifice at the intake to the outlet from the
stormwater management BMP shall be a minimum of 2 1/2 inches
in diameter.
J. Manufactured treatment devices may be used to meet the requirements of this subchapter, provided the pollutant removal rates are verified by the New Jersey Corporation for Advanced Technology and certified by the Department. Manufactured treatment devices that do not meet the definition of green infrastructure at Section
16A-8.28.2 may be used only under the circumstances described at Section 16A-8.28.4O4.
K. Any application for a new agricultural development that meets the definition of major development at Section
16A-8.28.2 shall be submitted to the Soil Conservation District for review and approval in accordance with the requirements at Sections
16A-8.28.4O, P, Q and R and any applicable Soil Conservation District guidelines for stormwater runoff quantity and erosion control. For purposes of this subsection, "agricultural development" means land uses normally associated with the production of food, fiber, and livestock for sale. Such uses do not include the development of land for the processing or sale of food and the manufacture of agriculturally related products.
L. If there is more than one drainage area, the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at Section
16A-8.28.4P, Q and R shall be met in each drainage area, unless the runoff from the drainage areas converge onsite and no adverse environmental impact would occur as a result of compliance with any one or more of the individual standards being determined utilizing a weighted average of the results achieved for that individual standard across the affected drainage areas.
M. Any stormwater management measure authorized under the municipal stormwater management plan or ordinance shall be reflected in a deed notice recorded in the Office of the County Clerk. A form of deed notice shall be submitted to the municipality for approval prior to filing. The deed notice shall contain a description of the stormwater management measure(s) used to meet the green infrastructure, groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at Section
16A-8.28.4O, P, Q and R and shall identify the location of the stormwater management measure(s) in NAD 1983 State Plane New Jersey FIPS 2900 US Feet or Latitude and Longitude in decimal degrees. The deed notice shall also reference the maintenance plan required to be recorded upon the deed pursuant to Section 16A-8.28.10B5. Prior to the commencement of construction, proof that the above required deed notice has been filed shall be submitted to the municipality. Proof that the required information has been recorded on the deed shall be in the form of either a copy of the complete recorded document or a receipt from the clerk or other proof of recordation provided by the recording office. However, if the initial proof provided to the municipality is not a copy of the complete recorded document, a copy of the complete recorded document shall be provided to the municipality within 180 calendar days of the authorization granted by the municipality.
N. A stormwater management measure approved under the municipal stormwater management plan or ordinance may be altered or replaced with the approval of the municipality, if the municipality determines that the proposed alteration or replacement meets the design and performance standards pursuant to Section
16A-8.28.4 and provides the same level of stormwater management as the previously approved stormwater management measure that is being altered or replaced. If an alteration or replacement is approved, a revised deed notice shall be submitted to the municipality for approval and subsequently recorded with the Office of the County Clerk and shall contain a description and location of the stormwater management measure, as well as reference to the maintenance plan, in accordance with paragraph M above. Prior to the commencement of construction, proof that the above required deed notice has been filed shall be submitted to the municipality in accordance with paragraph M above.
O. Green Infrastructure Standards.
1.
This subsection specifies the types of green infrastructure
BMPs that may be used to satisfy the groundwater recharge, stormwater
runoff quality, and stormwater runoff quantity standards.
2.
To satisfy the groundwater recharge and stormwater runoff quality standards at Section
16A-8.28.4P and Q, the design engineer shall utilize green infrastructure BMPs identified in Table 1 at Section
16A-8.28.4F and/or an alternative stormwater management measure approved in accordance with Section
16A-8.28.4G. The following green infrastructure BMPs are subject to the following maximum contributory drainage area limitations:
Best Management Practice
|
Maximum Contributory Drainage Area
|
---|
Dry Well
|
1 acre
|
Manufactured Treatment Device
|
2.5 acres
|
Pervious Pavement Systems
|
Area of additional inflow cannot exceed 3 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 Section
16A-8.28.4R, the design engineer shall utilize BMPs from Table 1 or from Table 2 and/or an alternative stormwater management measure approved in accordance with Section
16A-8.28.4G.
4.
If a variance in accordance with N.J.A.C. 7:8-4.6 or a waiver from strict compliance in accordance with Section
16A-8.28.4D is granted from the requirements of this subsection, then BMPs from Table 1, 2, or 3, and/or an alternative stormwater management measure approved in accordance with Section
16A-8.28.4G may be used to meet the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at Section
16A-8.28.4P, Q and R.
5.
For separate or combined storm sewer improvement projects, such as sewer separation, undertaken by a government agency or public utility (for example, a sewerage company), the requirements of this subsection shall only apply to areas owned in fee simple by the government agency or utility, and areas within a right-of-way or easement held or controlled by the government agency or utility; the entity shall not be required to obtain additional property or property rights to fully satisfy the requirements of this subsection. Regardless of the amount of area of a separate or combined storm sewer improvement project subject to the green infrastructure requirements of this subsection, each project shall fully comply with the applicable groundwater recharge, stormwater runoff quality control, and stormwater runoff quantity standards at Section
16A-8.28.4P, Q and R, unless the project is granted a waiver from strict compliance in accordance with Section
16A-8.28.4D.
P. Groundwater Recharge Standards.
1.
This subsection contains the minimum design and performance
standards for groundwater recharge as follows.
2.
The design engineer shall, using the assumptions and factors for stormwater runoff and groundwater recharge calculations at Section
16A-8.28.5, either:
a.
Demonstrate through hydrologic and hydraulic analysis that the
site and its stormwater management measures maintain 100% of the average
annual pre-construction groundwater recharge volume for the site;
or
b.
Demonstrate through hydrologic and hydraulic analysis that the
increase of stormwater runoff volume from pre-construction to post-construction
for the two-year storm is infiltrated.
3.
This groundwater recharge requirement does not apply to projects
within the "urban redevelopment area," or to projects subject to paragraph
4 below.
4.
The following types of stormwater shall not be recharged:
a.
Stormwater from areas of high pollutant loading. High pollutant
loading areas are areas in industrial and commercial developments
where solvents and/or petroleum products are loaded/unloaded, stored,
or applied, areas where pesticides are loaded/unloaded or stored;
areas where hazardous materials are expected to be present in greater
than "reportable quantities" as defined by the United States Environmental
Protection Agency (EPA) at 40 CFR 302.4; areas where recharge would
be inconsistent with Department approved remedial action work plan
or landfill closure plan and areas with high risks for spills of toxic
materials, such as gas stations and vehicle maintenance facilities;
and
b.
Industrial stormwater exposed to "source material." "Source
material" means any material(s) or machinery, located at an industrial
facility, that is directly or indirectly related to process, manufacturing
or other industrial activities, which could be a source of pollutants
in any industrial stormwater discharge to groundwater. Source materials
include, but are not limited to, raw materials; intermediate products;
final products; waste materials; by-products; industrial machinery
and fuels, and lubricants, solvents, and detergents that are related
to process, manufacturing, or other industrial activities that are
exposed to stormwater.
Q. Stormwater Runoff Quality Standards.
1.
This subsection contains the minimum design and performance
standards to control stormwater runoff quality impacts of major development.
Stormwater runoff quality standards are applicable when the major
development results in an increase of one-quarter acre or more of
regulated motor vehicle surface.
2.
Stormwater management measures shall be designed to reduce the
post-construction load of total suspended solids (TSS) in stormwater
runoff generated from the water quality design storm as follows:
a.
Eighty percent TSS removal of the anticipated load, expressed
as an annual average shall be achieved for the stormwater runoff from
the net increase of motor vehicle surface.
b.
If the surface is considered regulated motor vehicle surface
because the water quality treatment for an area of motor vehicle surface
that is currently receiving water quality treatment either by vegetation
or soil, by an existing stormwater management measure, or by treatment
at a wastewater treatment plant is to be modified or removed, the
project shall maintain or increase the existing TSS removal of the
anticipated load expressed as an annual average.
3.
The requirement to reduce TSS does not apply to any stormwater
runoff in a discharge regulated under a numeric effluent limitation
for TSS imposed under the New Jersey Pollutant Discharge Elimination
System (NJPDES) rules, N.J.A.C.7:14A, or in a discharge specifically
exempt under a NJPDES permit from this requirement. Every major development,
including any that discharge into a combined sewer system, shall comply
with paragraph 2 above, unless the major development is itself subject
to a NJPDES permit with a numeric effluent limitation for TSS or the
NJPDES permit to which the major development is subject exempts the
development from a numeric effluent limitation for TSS.
4.
The water quality design storm is 1.25 inches of rainfall in
two hours. Water quality calculations shall take into account the
distribution of rain from the water quality design storm, as reflected
in Table 4, below. The calculation of the volume of runoff may take
into account the implementation of stormwater management measures.
Table 4 - Water Quality Design Storm Distribution
|
---|
Time
(Minutes)
|
Cumulative Rainfall
(Inches)
|
Time
(Minutes)
|
Cumulative Rainfall
(Inches)
|
Time
(Minutes)
|
Cumulative Rainfall
(Inches)
|
---|
1
|
0.00166
|
41
|
0.1728
|
81
|
1.0906
|
2
|
0.00332
|
42
|
0.1796
|
82
|
1.0972
|
3
|
0.00498
|
43
|
0.1864
|
83
|
1.1038
|
4
|
0.00664
|
44
|
0.1932
|
84
|
1.1104
|
5
|
0.00830
|
45
|
0.2000
|
85
|
1.1170
|
6
|
0.00996
|
46
|
0.2117
|
86
|
1.1236
|
7
|
0.01162
|
47
|
0.2233
|
87
|
1.1302
|
8
|
0.01328
|
48
|
0.2350
|
88
|
1.1368
|
9
|
0.01494
|
49
|
0.2466
|
89
|
1.1434
|
10
|
0.01660
|
50
|
0.2583
|
90
|
1.1500
|
11
|
0.01828
|
51
|
0.2783
|
91
|
1.1550
|
12
|
0.01996
|
52
|
0.2983
|
92
|
1.1600
|
13
|
0.02164
|
53
|
0.3183
|
93
|
1.1650
|
14
|
0.02332
|
54
|
0.3383
|
94
|
1.1700
|
15
|
0.02500
|
55
|
0.3583
|
95
|
1.1750
|
16
|
0.03000
|
56
|
0.4116
|
96
|
1.1800
|
17
|
0.03500
|
57
|
0.4650
|
97
|
1.1850
|
18
|
0.04000
|
58
|
0.5183
|
98
|
1.1900
|
19
|
0.04500
|
59
|
0.5717
|
99
|
1.1950
|
20
|
0.05000
|
60
|
0.6250
|
100
|
1.2000
|
21
|
0.05500
|
61
|
0.6783
|
101
|
1.2050
|
22
|
0.06000
|
62
|
0.7317
|
102
|
1.2100
|
23
|
0.06500
|
63
|
0.7850
|
103
|
1.2150
|
24
|
0.07000
|
64
|
0.8384
|
104
|
1.2200
|
25
|
0.07500
|
65
|
0.8917
|
105
|
1.2250
|
26
|
0.08000
|
66
|
0.9117
|
106
|
1.2267
|
27
|
0.08500
|
67
|
0.9317
|
107
|
1.2284
|
28
|
0.09000
|
68
|
0.9517
|
108
|
1.2300
|
29
|
0.09500
|
69
|
0.9717
|
109
|
1.2317
|
30
|
0.10000
|
70
|
0.9917
|
110
|
1.2334
|
31
|
0.10660
|
71
|
1.0034
|
111
|
1.2351
|
32
|
0.11320
|
72
|
1.0150
|
112
|
1.2367
|
33
|
0.11980
|
73
|
1.0267
|
113
|
1.2384
|
34
|
0.12640
|
74
|
1.0383
|
114
|
1.2400
|
35
|
0.13300
|
75
|
1.0500
|
115
|
1.2417
|
36
|
0.13960
|
76
|
1.0568
|
116
|
1.2434
|
37
|
0.14620
|
77
|
1.0636
|
117
|
1.2450
|
38
|
0.15280
|
78
|
1.0704
|
118
|
1.2467
|
39
|
0.15940
|
79
|
1.0772
|
119
|
1.2483
|
40
|
0.16600
|
80
|
1.0840
|
120
|
1.2500
|
5.
If more than one BMP in series is necessary to achieve the required
80% TSS reduction for a site, the applicant shall utilize the following
formula to calculate TSS reduction:
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 Section
16A-8.28.4P, Q and R.
7.
In accordance with the definition of FW1 at N.J.A.C. 7:9B-1.4,
stormwater management measures shall be designed to prevent any increase
in stormwater runoff to waters classified as FW1.
8.
The Flood Hazard Area Control Act Rules at N.J.A.C. 7:13-4.1(c)1
establish 300-foot riparian zones along Category One waters, as designated
in the Surface Water Quality Standards at N.J.A.C. 7:9B, and certain
upstream tributaries to Category One waters. A person shall not undertake
a major development that is located within or discharges into a 300-foot
riparian zone without prior authorization from the Department under
N.J.A.C. 7:13.
9.
Pursuant to the Flood Hazard Area Control Act Rules at N.J.A.C.
7:13-11.2(j)3.i, runoff from the water quality design storm that is
discharged within a 300-foot riparian zone shall be treated in accordance
with this subsection to reduce the post-construction load of total
suspended solids by 95% of the anticipated load from the developed
site, expressed as an annual average.
10.
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,
and that the motor vehicle surfaces are made of permeable material(s)
such as gravel, dirt, and/or shells.
R. Stormwater Runoff Quantity Standards.
1.
This subsection contains the minimum design and performance
standards to control stormwater runoff quantity impacts of major development.
2.
In order to control stormwater runoff quantity impacts, the design engineer shall, using the assumptions and factors for stormwater runoff calculations at Section
16A-8.28.5, complete one of the following:
a.
Demonstrate through hydrologic and hydraulic analysis that for
stormwater leaving the site, post-construction runoff hydrographs
for the two-, ten-, and 100-year storm events do not exceed, at any
point in time, the pre-construction runoff hydrographs for the same
storm events;
b.
Demonstrate through hydrologic and hydraulic analysis that there
is no increase, as compared to the pre-construction condition, in
the peak runoff rates of stormwater leaving the site for the two-,
ten- and 100-year storm events and that the increased volume or change
in timing of stormwater runoff will not increase flood damage at or
downstream of the site. This analysis shall include the analysis of
impacts of existing land uses and projected land uses assuming full
development under existing zoning and land use ordinances in the drainage
area;
c.
Design stormwater management measures so that the post-construction
peak runoff rates for the two-, ten- and 100-year storm events are
50%, 75% and 80%, repectively, of the pre-construction peak runoff
rates. The percentages apply only to the post-construction stormwater
runoff that is attributable to the portion of the site on which the
proposed development or project is to be constructed; or
d.
In tidal flood hazard areas, stormwater runoff quantity analysis
in accordance with paragraphs 2a, 2b and 2c above is required unless
the design engineer demonstrates through hydrologic and hydraulic
analysis that the increased volume, change in timing, or increased
rate of the stormwater runoff, or any combination of the three will
not result in additional flood damage below the point of discharge
of the major development. No analysis is required if the stormwater
is discharged directly into any ocean, bay, inlet, or the reach of
any watercourse between its confluence with an ocean, bay, or inlet
and downstream of the first water control structure.
3.
The stormwater runoff quantity standards shall be applied at
the site's boundary to each abutting lot, roadway, watercourse, or
receiving storm sewer system.
[Added 11-9-2020 by Ord.
No. 842-20]
A. Stormwater runoff shall be calculated in accordance with the following:
1.
The design engineer shall calculate runoff using one of the
following methods:
a.
The USDA Natural Resources Conservation Service (NRCS) methodology, including the NRCS Runoff Equation and Dimensionless Unit Hydrograph, as described in Chapters
7,
9,
10,
15 and
16 Part 630, Hydrology National Engineering Handbook, incorporated herein by reference as amended and supplemented. This methodology is additionally described in Technical Release 55 - Urban Hydrology for Small Watersheds (TR-55), dated June 1986, incorporated herein by reference as amended and supplemented. Information regarding the methodology is available from the Natural Resources Conservation Service website at: https://www.nrcs.usda.gov/Internet/FSE_DOCUMENTS/stelprdb1044171.pdf or at United States Department of Agriculture Natural Resources Conservation Service, 220 Davison Avenue, Somerset, New Jersey 08873; or
b.
The Rational Method for peak flow and the Modified Rational
Method for hydrograph computations. The rational and modified rational
methods are described in "Appendix A-9 Modified Rational Method" in
the Standards for Soil Erosion and Sediment Control in New Jersey,
January 2014. This document is available from the State Soil Conservation
Committee or any of the Soil Conservation Districts listed at N.J.A.C.
2:90-1.3(a)3. The location, address, and telephone number for each
Soil Conservation District is available from the State Soil Conservation
Committee, PO Box 330, Trenton, New Jersey 08625. The document is
also available at: http://www.nj.gov/agriculture/divisions/anr/pdf/2014NJSoilErosionControlStandardsComplete.pdf.
2.
For the purpose of calculating runoff coefficients and groundwater
recharge, there is a presumption that the pre-construction condition
of a site or portion thereof is a wooded land use with good hydrologic
condition. The term "runoff coefficient" applies to both the NRCS
methodology above at Section 16A-8.28.5A1a and the Rational and Modified
Rational Methods at Section 16A-8.28.5A1b. A runoff coefficient or
a groundwater recharge land cover for an existing condition may be
used on all or a portion of the site if the design engineer verifies
that the hydrologic condition has existed on the site or portion of
the site for at least five years without interruption prior to the
time of application. If more than one land cover has existed on the
site during the five years immediately prior to the time of application,
the land cover with the lowest runoff potential shall be used for
the computations. In addition, there is the presumption that the site
is in good hydrologic condition (if the land use type is pasture,
lawn, or park), with good cover (if the land use type is woods), or
with good hydrologic condition and conservation treatment (if the
land use type is cultivation).
3.
In computing pre-construction stormwater runoff, the design
engineer shall account for all significant land features and structures,
such as ponds, wetlands, depressions, hedgerows, or culverts, that
may reduce pre-construction stormwater runoff rates and volumes.
4.
In computing stormwater runoff from all design storms, the design
engineer shall consider the relative stormwater runoff rates and/or
volumes of pervious and impervious surfaces separately to accurately
compute the rates and volume of stormwater runoff from the site. To
calculate runoff from unconnected impervious cover, urban impervious
area modifications as described in the NRCS Technical Release 55 -
Urban Hydrology for Small Watersheds or other methods may be employed.
5.
If the invert of the outlet structure of a stormwater management
measure is below the flood hazard design flood elevation as defined
at N.J.A.C. 7:13, the design engineer shall take into account the
effects of tailwater in the design of structural stormwater management
measures.
B. Groundwater recharge may be calculated in accordance with the following:
The New Jersey Geological Survey Report GSR-32, A Method for Evaluating
Groundwater-Recharge Areas in New Jersey, incorporated herein by reference
as amended and supplemented. Information regarding the methodology
is available from the New Jersey Stormwater Best Management Practices
Manual; at the New Jersey Geological and Water Survey website at:
https://www.nj.gov/dep/njgs/pricelst/gsreport/gsr32.pdf or at New
Jersey Geological and Water Survey, 29 Arctic Parkway, PO Box 420
Mail Code 29-01, Trenton, New Jersey 08625-0420.
[Added 11-9-2020 by Ord.
No. 842-20]
A. Technical guidance for stormwater management measures can be found
in the documents listed below, which are available to download from
the Department's website at: http://www.nj.gov/dep/stormwater/bmp_manual2.htm.
1.
Guidelines for stormwater management measures are contained
in the New Jersey Stormwater Best Management Practices Manual, as
amended and supplemented. Information is provided on stormwater management
measures such as, but not limited to, those listed in Tables 1, 2,
and 3.
2.
Additional maintenance guidance is available on the Department's
website at: https://www.njstormwater.org/maintenance_guidance.htm.
B. Submissions required for review by the Department should be mailed
to: The Division of Water Quality, New Jersey Department of Environmental
Protection, Mail Code 401-02B, PO Box 420, Trenton, New Jersey 08625-0420.
[Added 11-9-2020 by Ord.
No. 842-20]
A. Site design features identified under Section
16A-8.28.4F above, or alternative designs in accordance with Section
16A-8.28.4G above, to prevent discharge of trash and debris from drainage systems shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets. For purposes of this paragraph, "solid and floatable materials" means sediment, debris, trash, and other floating, suspended, or settleable solids. For exemptions to this standard see Section 16A-8.28.7A2 below.
1.
Design engineers shall use one of the following grates whenever
they use a grate in pavement or another ground surface to collect
stormwater from that surface into a storm drain or surface water body
under that grate:
a.
The New Jersey Department of Transportation (NJDOT) bicycle
safe grate, which is described in Chapter 2.4 of the NJDOT Bicycle
Compatible Roadways and Bikeways Planning and Design Guidelines; or
b.
A different grate, if each individual clear space in that grate
has an area of no more than 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 paragraph A1 above does not apply:
a.
Where each individual clear space in the curb opening in existing
curb-opening inlet does not have an area of more than nine square
inches;
b.
Where the municipality agrees that the standards would cause
inadequate hydraulic performance that could not practicably be overcome
by using additional or larger storm drain inlets;
c.
Where flows from the water quality design storm as specified
in N.J.A.C. 7:8 are conveyed through any device (e.g., end of pipe
netting facility, manufactured treatment device, or a catch basin
hood) that is designed, at a minimum, to prevent delivery of all solid
and floatable materials that could not pass through one of the following:
(1) A rectangular space 4.625 inches long and 1.5 inches
wide (this option does not apply for outfall netting facilities);
or
(2) A bar screen having a bar spacing of 0.5 inch.
Note that these exemptions do not authorize any infringement
of requirements in the Residential Site Improvement Standards for
bicycle safe grates in new residential development [N.J.A.C. 5:21-4.18(b)2
and 7.4(b)1].
|
d.
Where flows are conveyed through a trash rack that has parallel
bars with one-inch spacing between the bars, to the elevation of the
Water Quality Design Storm as specified in N.J.A.C. 7:8; or
e.
Where the New Jersey Department of Environmental Protection
determines, pursuant to the New Jersey Register of Historic Places
Rules at N.J.A.C. 7:4-7.2(c), that action to meet this standard is
an undertaking that constitutes an encroachment or will damage or
destroy the New Jersey Register listed historic property.
[Added 11-9-2020 by Ord.
No. 842-20]
A. This section sets forth requirements to protect public safety through
the proper design and operation of stormwater management basins. This
section applies to any new stormwater management basin.
B. The provisions of this section are not intended to preempt more stringent
municipal or county safety requirements for new or existing stormwater
management basins. Municipal and county stormwater management plans
and ordinances may, pursuant to their authority, require existing
stormwater management basins to be retrofitted to meet one or more
of the safety standards in Section 16A-2.28.8C1, C2 and C3 for trash
racks, overflow grates, and escape provisions at outlet structures.
C. Requirements for Trash Racks, Overflow Grates and Escape Provisions.
1.
A trash rack is a device designed to catch trash and debris
and prevent the clogging of outlet structures. Trash racks shall be
installed at the intake to the outlet from the stormwater management
basins to ensure proper functioning of the basins outlets in accordance
with the following:
a.
The trash rack shall have parallel bars, with no greater than
six-inch spacing between the bars;
b.
The trash rack shall be designed so as not to adversely affect
the hydraulic performance of the outlet pipe or structure;
c.
The average velocity of flow through a clean trash rack is not
to exceed 2.5 feet per second under the full range of stage and discharge.
Velocity is to be computed on the basis of the net area of opening
through the rack; and
d.
The trash rack shall be constructed of rigid, durable, and corrosion
resistant material and designed to withstand a perpendicular live
loading of 300 pounds per square foot.
2.
An overflow grate is designed to prevent obstruction of the
overflow structure. If an outlet structure has an overflow grate,
such grate shall meet the following requirements:
a.
The overflow grate shall be secured to the outlet structure
but removable for emergencies and maintenance.
b.
The overflow grate spacing shall be no less than two inches
across the smallest dimension.
c.
The overflow grate shall be constructed and installed to be
rigid, durable, and corrosion resistant, and shall be designed to
withstand a perpendicular live loading of 300 pounds per square foot.
3.
Stormwater management basins shall include escape provisions
as follows:
a.
If a stormwater management basin has an outlet structure, escape
provisions shall be incorporated in or on the structure. Escape provisions
include the installation of permanent ladders, steps, rungs, or other
features that provide easily accessible means of egress from stormwater
management basins. With the prior approval of the municipality pursuant
to VIII.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 basins having a permanent pool of water deeper than 2 1/2 feet. Safety ledges shall be comprised of two steps. Each step shall be four to six feet in width. One step shall be located approximately 2 1/2 feet below the permanent water surface, and the second step shall be located one to 1 1/2 feet above the permanent water surface. See Section
16A-8.28.8E for an illustration of safety ledges in a stormwater management basin; and
c.
In new stormwater management basins, the maximum interior slope
for an earthen dam, embankment, or berm shall not be steeper than
three horizontal to one vertical.
D. Variance or Exemption from Safety Standard. A variance or exemption
from the safety standards for stormwater management basins may be
granted only upon a written finding by the municipality that the variance
or exemption will not constitute a threat to public safety.
E. Safety Ledge Illustration.
Elevation View - Basin Safety Ledge Configuration
|
[Added 11-9-2020 by Ord.
No. 842-20]
A. Submission of Site Development Stormwater Plan.
1.
Whenever an applicant seeks municipal approval of a development subject to this Section
16A-8.28, the applicant shall submit all of the required components of the Checklist for the Site Development Stormwater Plan at Section
16A-8.28.9C below as part of the submission of the application for approval.
2.
The applicant shall demonstrate that the project meets the standards set forth in this Section
16A-8.28.
3.
The applicant shall submit eight copies of the materials listed in the checklist for site development stormwater plans in accordance with Section
16A-8.28.9C of this Section
16A-8.28.
B. Site Development Stormwater Plan Approval. The applicant's Site Development project shall be reviewed as a part of the review process by the municipal board or official from which municipal approval is sought. That municipal board or official shall consult the municipality's review engineer to determine if all of the checklist requirements have been satisfied and to determine if the project meets the standards set forth in this Section
16A-8.28.
C. Submission of Site Development Stormwater Plan. The following information
shall be required:
1.
Topographic Base Map. The reviewing engineer may require upstream
tributary drainage system information as necessary. It is recommended
that the topographic base map of the site be submitted which extends
a minimum of 200 feet beyond the limits of the proposed development,
at a scale of one inch equals 200 feet or greater, showing two-foot
contour intervals. The map as appropriate may indicate the following:
existing surface water drainage, shorelines, steep slopes, soils,
erodible soils, perennial or intermittent streams that drain into
or upstream of the Category One waters, wetlands and flood plains
along with their appropriate buffer strips, marshlands and other wetlands,
pervious or vegetative surfaces, existing man-made structures, roads,
bearing and distances of property lines, and significant natural and
manmade features not otherwise shown.
2.
Environmental Site Analysis. A written and graphic description
of the natural and man-made features of the site and its surroundings
should be submitted. This description should include a discussion
of soil conditions, slopes, wetlands, waterways and vegetation on
the site. Particular attention should be given to unique, unusual,
or environmentally sensitive features and to those that provide particular
opportunities or constraints for development.
3.
Project Description and Site Plans. A map (or maps) at the scale
of the topographical base map indicating the location of existing
and proposed buildings roads, parking areas, utilities, structural
facilities for stormwater management and sediment control, and other
permanent structures. The map(s) shall also clearly show areas where
alterations will occur in the natural terrain and cover, including
lawns and other landscaping, and seasonal high groundwater elevations.
A written description of the site plan and justification for proposed
changes in natural conditions shall also be provided.
4.
Land Use Planning and Source Control Plan. This plan shall provide a demonstration of how the goals and standards of Sections
16A-8.28.3 through
16A-8.28.5 are being met. The focus of this plan shall be to describe how the site is being developed to meet the objective of controlling groundwater recharge, stormwater quality and stormwater quantity problems at the source by land management and source controls whenever possible.
5.
Stormwater Management Facilities Map. The following information,
illustrated on a map of the same scale as the topographic base map,
shall be included:
a.
Total area to be disturbed, paved or built upon, proposed surface
contours, land area to be occupied by the stormwater management facilities
and the type of vegetation thereon, and details of the proposed plan
to control and dispose of stormwater.
b.
Details of all stormwater management facility designs, during
and after construction, including discharge provisions, discharge
capacity for each outlet at different levels of detention and emergency
spillway provisions with maximum discharge capacity of each spillway.
6.
Calculations.
a.
Comprehensive hydrologic and hydraulic design calculations for the pre-development and post-development conditions for the design storms specified in Section
16A-8.28.4.
b.
When the proposed stormwater management control measures depend
on the hydrologic properties of soils or require certain separation
from the seasonal high water table, then a soils report shall be submitted.
The soils report shall be based on onsite boring logs or soil pit
profiles. The number and location of required soil borings or soil
pits shall be determined based on what is needed to determine the
suitability and distribution of soils present at the location of the
control measure.
7.
Maintenance and Repair Plan. The design and planning of the stormwater management facility shall meet the maintenance requirements of Section
16A-8.28.10.
8.
Waiver from Submission Requirements. The municipal official or board reviewing an application under this Section
16A-8.28 may, in consultation with the municipality's review engineer, waive submission of any of the requirements in Section 16A-8.28.9C1 through 16A-8.28C6 when it can be demonstrated that the information requested is impossible to obtain or it would create a hardship on the applicant to obtain and its absence will not materially affect the review process.
[Added 11-9-2020 by Ord.
No. 842-20]
A.
Applicability. Projects subject to review as in Section I.C of this Section
16A-8.28 shall comply with the requirements of Section
16A-8.28.10B 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 preventative and corrective maintenance (including replacement). The plan shall contain information on BMP location, design, ownership, maintenance tasks and frequencies, and other details as specified in Chapter
8 of the New Jersey Stormwater Best Management Practices 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 Section
16A-8.28.10B3 above is not a public agency, the maintenance plan and
any future revisions based on Section 16A-8.28.10B7 below shall be
recorded upon the deed of record for each property on which the maintenance
described in the maintenance plan must be undertaken.
6.
Preventative and corrective maintenance shall be performed to
maintain the functional parameters (storage volume, infiltration rates,
inflow/outflow capacity, etc.) of the stormwater management measure,
including, but not limited to, repairs or replacement to the structure;
removal of sediment, debris, or trash; restoration of eroded areas;
snow and ice removal; fence repair or replacement; restoration of
vegetation; and repair or replacement of non-vegetated linings.
7.
The party responsible for maintenance identified under Section
16A-8.28.10B3 above shall perform all of the following requirements:
a.
Maintain a detailed log of all preventative and corrective maintenance
for the structural stormwater management measures incorporated into
the design of the development, including a record of all inspections
and copies of all maintenance-related work orders;
b.
Evaluate the effectiveness of the maintenance plan at least
once per year and adjust the plan and the deed as needed; and
c.
Retain and make available, upon request by any public entity
with administrative, health, environmental, or safety authority over
the site, the maintenance plan and the documentation required by Section
16A-8.28.10B6 and B7 above.
8.
The requirements of Section 16A-8.28.10B3 and B4 do not apply
to stormwater management facilities that are dedicated to and accepted
by the municipality or another governmental agency, subject to all
applicable municipal stormwater general permit conditions, as issued
by the Department.
9.
In the event that the stormwater management facility becomes
a danger to public safety or public health, or if it is in need of
maintenance or repair, the municipality shall so notify the responsible
person in writing. Upon receipt of that notice, the responsible person
shall have 14 days to effect maintenance and repair of the facility
in a manner that is approved by the municipal engineer or his designee.
The municipality, in its discretion, may extend the time allowed for
effecting maintenance and repair for good cause. If the responsible
person fails or refuses to perform such maintenance and repair, the
municipality or County may immediately proceed to do so and shall
bill the cost thereof to the responsible person. Nonpayment of such
bill may result in a lien on the property.
C.
Nothing in this subsection shall preclude the municipality in
which the major development is located from requiring the posting
of a performance or maintenance guarantee in accordance with N.J.S.A.
40:55D-53.
[Added 11-9-2020 by Ord.
No. 842-20]
Any person(s) who erects, constructs, alters, repairs, converts, maintains, or uses any building, structure or land in violation of this Section
16A-8.28 shall be subject to a fine not to exceed $2,000, or up to 90 days in jail, or both. As an alternate penalty, a convicted person may be ordered to perform community service for a period not to exceed 90 days.
Street lights shall be of a type approved by resolution of the
Borough Council and by the electric utility company serving the proposed
development, and located so as to provide a minimum lighting level
of 5/10 horizontal foot candle on all local and collector streets
and one horizontal foot candle on all arterial streets. The developer
shall pay the full cost for initial installation of any street lights.
After final acceptance, operation and maintenance costs shall be the
responsibility of the Borough.
Street signs shall be of a type and size approved by resolution
of the Borough Council and shall be properly installed at each street
intersection. Street signs shall be placed, two per intersection,
on the near right hand corner as viewed from both directions on the
street which is expected to carry the greatest traffic through the
intersection. Mountings shall be in accordance with the standard procedures
of the Borough or with requirements adopted by the Borough Council.
Street signs shall be placed before any certificate of occupancy for
houses on the subject street are issued.
The developer shall, prior to final acceptance, install all
traffic control devices required within any development or, with the
consent of the Borough Council, may pay to the Borough Treasurer a
nonrefundable sum, in cash or certified check, in the amount set by
the Borough Engineer equal to the cost of all necessary traffic control
devices not installed by the developer. Traffic control devices shall
include, but are not limited to, signs, traffic lines, lights, reflectors
and channelizing markers. The number, type, legend, placement and
size of all traffic control devices shall be in accordance with the
Manual on Uniform Traffic Control Devices by the United States Department
of Transportation and the requirements of Municipal, County and State
regulations and shall be according to an approved plan submitted at
the time of final plat approval. Construction details of all proposed
traffic control devices shall be in accordance with standards prepared
by the Borough Engineer and approved by the Borough Council.
All utility lines and necessary appurtenances including, but
not limited to, electric transmission and electric, gas and water
distribution, communications, street lighting and cable television,
shall be installed underground within easements or dedicated public
rights-of-way. The developer shall arrange with the serving utility
for the underground installation of the utilities supply lines and
service connections in accordance with the provisions of the applicable
standard terms and conditions of its tariff as the same are then on
file with the State of New Jersey Board of Public Utility Commissioners
and shall submit to the Planning Board prior to the granting of approval
a written instrument from each serving utility which shall evidence
full compliance with the provisions of this section; provided, however,
that lots which abut existing easements or public rights-of-way where
overhead utility lines have theretofore been installed may be supplied
with service from such overhead lines if no new utility poles are
required. In any event, new building service connections for all multi-family
developments, and for any industrial, commercial or office development
containing a floor area of 10,000 square feet or more, shall be installed
underground. All other new building service connections shall also
be installed underground unless specific waiver is granted by the
Planning Board. Wherever the utility is not installed in the public
right-of-way, an appropriate utility easement not less than 25 feet
in width shall be provided.
The design and construction approval of all public and individual
water supply systems (or extensions of existing systems shall be under
the jurisdiction of the owner of the utility or the Borough Board
of Health (and the State of New Jersey), respectively. Prior to the
approval of any final plat, the full approval of any public water
system must have been obtained from the appropriate agency and filed
with the Planning Board, or the final approval will be conditioned
upon full approval from the appropriate agency.
[Amended 9-10-2018 by Ord. No. 814-18]
A. All multi-family residential development, including the residential
portion of a mixed-use project, which consists of five or more new
residential units, over and above that which is currently permitted,
whether permitted by a zoning amendment, a use variance granted by
the Zoning Board, or adoption of a Redevelopment Plan or amended Redevelopment
Plan in areas in need of redevelopment or rehabilitation, shall require
that an appropriate percentage of the residential units be set aside
for very-low-, low-, and moderate-income households.
B. This requirement shall not apply to residential expansions, additions,
renovations, replacement, or any other type of residential development
that does not result in a net increase in the number of dwellings
of five or more.
C. For inclusionary projects in which the very-low-, low-, and moderate-income
units are to be offered for sale, the set-aside percentage should
be 20%; for projects in which the very-low-, low-, and moderate-income
units are to be offered for rent, the set-aside percentage should
be 15%.
D. The developer shall provide that half of the very-low-, low-, and
moderate-income units constructed be affordable by low-income households
and that the remaining half be affordable by moderate-income households.
At least 13% of all restricted units shall be very low-income units
(affordable to a household earning 30% or less of median income).
The very-low-income units shall be counted as part of the required
number of low-income units within the development.
E. Subdivision and site plan approval shall be denied by the board unless
the developer complies with the requirements to provide very-low-,
low-, and moderate-income housing pursuant to the provisions of this
section. A property shall not be permitted to be subdivided so as
to avoid meeting this requirement. The board may impose any reasonable
conditions to ensure such compliance.
F. This requirement does not create any entitlement for a property owner
or applicant for a zoning amendment, variance, or adoption of a Redevelopment
Plan or amended Redevelopment Plan in areas in need of redevelopment
or rehabilitation, or for approval of any particular proposed project.
G. This requirement does not apply to any sites or specific zones otherwise
identified in the Fair Share Plan, for which density and set-aside
standards shall be governed by the specific standards set forth therein.
H. In the event that the inclusionary set-aside percentage (15% or 20%)
of the total number of residential units does not result in a full
integer, the developer may choose one of two options of addressing
the fractional unit:
1. The developer shall round the set-aside upward to construct a whole
additional affordable unit; or
2. If the set-aside includes a fractional unit equal to 0.49 or less,
the developer may round the set-aside downward and construct the lesser
whole number of affordable units, but must also make a payment in-lieu
of constructing the fractional additional unit ("fractional payment
in-lieu").
a.
The fractional payment in-lieu amount shall be calculated as
the fractional unit multiplied by the base payment in-lieu dollar
amount established by the Borough Council based on a pro-forma of
an existing development in the Borough, to be on file with the Borough
Clerk.
3. For Example: If seven total units are developed at an inclusionary
site, a 20% set-aside would require 1.4 affordable units. Per the
requirements above:
a.
The developer shall round up the 0.4 unit to one whole affordable
unit so as to construct a total of two affordable housing units; or
b.
The developer shall round the set-aside downward so as to construct
only one affordable unit AND shall pay into the Borough's affordable
housing trust fund a fractional in-lieu payment equal to a dollar
amount established by the Borough, multiplied by 0.4 units.