The provisions contained in this article apply generally throughout
the Township to any subdivision or site plan developments for which
on-tract or off-tract improvements are required by a municipal agency,
except in cases in the Pinelands Area, when they may conflict with
or fail to apply to a Pinelands standard or requirement, in which
case the Pinelands standard or requirement shall control.
A.
On-tract improvements. On-tract improvements, as defined in this
chapter, including street rights-of-way, street or shoulder paving,
curb or gutters, street surface drainageways, surface drainage structures
and facilities, potable water supply structures and facilities, sanitary
sewerage and facilities, off-street parking and loading areas and
paving, private driveway paving, open space areas and improvements
and screen or buffer planting, as specified in this article or the
Township Zoning Regulations[1] and according to design criteria contained in Articles V, VIII, XI, and XII of this chapter, shall be required where applicable in connection with all minor and major subdivisions and site developments, including permitted planned developments of any kind.
[1]
Editor's Note: The former Zoning Regulations, which constituted
former Ch. 98, were superseded by this chapter.
B.
Off-tract improvements. In the event that off-street improvements
are required, preliminary subdivision or site plan approval shall
contain a condition that the developer pay his/her pro rata share
of the cost of providing reasonable and necessary street improvements;
water, sewerage and drainage facilities; and necessary easements located
outside the limits of on-tract improvements that will serve the development.
Before approval of a final subdivision plat or site plan, any required
off-tract improvements shall be built and completed by the developer,
or the construction thereof shall have been guaranteed in accordance
with the following provisions:
(1)
Cost determination.
(a)
At the time application for preliminary approval of a development
is made and again upon application for final approval, the applicant
shall provide the governing body with an estimate of the types and
costs of such off-tract improvements and the amount by which various
properties, including the development, could benefit thereby.
(b)
Such estimate, at the time of application for final approval,
shall include detailed supporting data, which shall include but not
necessarily be limited to:
[1]
The total cost of improvement.
[2]
The estimated value of the benefit to the applicant.
[3]
The estimated value of the benefits conferred upon others in
terms of reasonable likelihood of the use.
[4]
The time when such benefits are likely to be conferred.
[5]
The reasonable, useful life of the off-tract improvements.
[6]
The inflation, deflation or other significant changes in the
cost of construction.
(c)
Such estimate at the time of application for preliminary and
final approvals shall be the applicant's best estimates for each of
the six above factors, together with his/her basis therefor. The governing
body shall decide whether the off-tract improvements or any combinations
of them are to be constructed by the municipality as a general improvement;
constructed by the municipality as a local improvement; or constructed
by the developer with a formula providing for partial reimbursement
to the developer by other property owners receiving special benefits
from said improvements.
(2)
As a condition for final approval of any stage of a development, the applicant shall provide the Township with a cash deposit or a performance guaranty as provided in § 115-44 to insure payment to the Township in the following amounts:
(a)
An amount equal to the difference between the estimated cost
of the improvement and the estimated total amount by which all property
to be served thereby, including the development property, will be
specially benefited by the improvement, if the improvement is to be
constructed by the municipality as a general improvement.
(b)
The estimated amount by which the development specially benefits
from the improvement, in addition to the amount required for a general
improvement, if the improvement is to be constructed by the municipality
as a local improvement.
(c)
An amount equal to the estimated cost of the improvement, if
the improvement is to be constructed by the applicant.
(3)
If such off-tract improvements, or any combination of them, are to
be constructed by the applicant, the applicant shall bear the cost
of all such improvements and shall be reimbursed by such specially
benefited property owners, if and when any such off-tract improvements
are used in the development of off-tract parcels. The governing body
may assess or lien the pro rata cost of such off-tract improvements
upon other specially benefited property owners at such time as such
specially benefited owner or owners use the off-tract improvements
in the development of off-tract parcels. Actual cost figures, rather
than estimated cost, shall be used for making such allocations once
the improvements are constructed. The cost figures shall be supplied
by the applicant and certified by a New Jersey certified public accountant,
after audit.
C.
Installation of improvements.
(1)
No final plat of a major subdivision or a site plan shall be approved
by the Planning Board until the satisfactory completion of all required
improvements, as set forth in the municipal agency's resolution granting
preliminary subdivision or site plan approval, and said satisfactory
completion shall have been certified to by the Township Engineer,
unless the developer shall have filed with the Township a performance
guaranty sufficient in an amount and of a suitable form to cover the
cost of all such improvements or the uncompleted portion thereof,
as approved by the Township Engineer, and guaranteeing the installation
of any such uncompleted improvements on or before a date to be specified
by the municipal agency.
(2)
No minor subdivision shall be approved by the municipal agency until
the developer shall have filed with the municipality a performance
guaranty sufficient in amount to cover the cost of all required on-tract
or off-tract improvements and guaranteeing the installation of such
uncompleted improvements on or before a date to be specified by the
Planning Board.
D.
Concrete structures.
(1)
Concrete structures shall conform to the American Society for Testing
and Materials cement designations C-150, Type 1, for standard portland
cement; C-150, Type 3, for high early strength portland cement; and
C-175, Type 1-A, for air-entraining portland cement. Vinsol resin
or Darex A.E.A. shall be used as the air-entraining agent and both
fine and coarse aggregate and shall conform to requirements therefor
of the New Jersey Department of Transportation Standard Specifications,
as amended. Unless otherwise specified, all concrete shall be air-entrained
having 4% to 7% entrained air. Concrete shall be Class A, B, C or
D, as prescribed, proportioned as follows:
|
Class
|
Cement
|
Sand
|
Coarse Aggregate
|
Void Contact
| |
|---|---|---|---|---|---|
|
A
|
1
|
1.50
|
3.0
|
1.35
| |
|
B
|
1
|
1.75
|
3.5
|
1.55
| |
|
C
|
1
|
2.00
|
4.0
|
1.80
| |
|
D
|
1
|
2.25
|
4.5
|
2.00
|
(2)
Required reinforcing steel shall be intermediate grade preformed
bars conforming to American Society for Testing and Materials designation
A-15 and A-305, as amended.
(3)
Required joint filler shall be a cellular compression material conforming
to the requirements therefor of the New Jersey Department of Transportation
Standard Specifications, as amended.
(4)
In the construction of required concrete structures, the Township
Engineer will determine the slump range within which the contractor
must work. Transit mix concrete may be used if obtained from sources
approved by the Township Engineer. On-site mixing and proportioning
equipment will also be subject to the approval of the Township Engineer.
(5)
Forms shall conform to lines, dimensions and grades shown on plans
and may only be omitted when soil conditions and workmanship permit
accurate excavation to specifications. Forms shall be firmly braced,
tight and capable of resisting movement, bulging or mortar leakage.
Forms shall be smooth and clear and shall be completely removed.
(6)
Soil bases for concrete work shall be properly finished to prescribed
lines, grades and dimensions and shall be approved by the Township
Engineer or his representative before concrete is placed. All areas
to receive concrete shall be free of frost, foreign matter and excessive
water, except that soil surfaces and forms shall be uniformly damp
when concrete is placed. All concrete shall be handled and placed
so as to avoid segregation. Concrete that has begun to set or has
been contaminated with foreign materials or that has too much water
shall not be used. Pouring shall be done in a continuous process until
an individual section is complete. All concrete shall be thoroughly
compacted with a vibrator or other suitable equipment. Finished concrete
shall have a wood-float finish unless otherwise specified by the Township
Engineer and shall be kept continuously moist for a period of three
days. Curing shall be accomplished at the direction of the Township
Engineer.
(7)
Expansion joints shall be provided as prescribed and shall extend
the full thickness of the concrete. Concrete shall not be poured when
the temperature is below 40° F. or during periods of precipitation
unless precautions acceptable to the Township Engineer have been taken
to prevent damage to the work. Precautions to avoid freezing of the
concrete shall be in accordance with current recommendations of the
American Concrete Institute.
The width of street right-of-way to be required shall be as shown on the approved preliminary subdivision plat or site plan in accordance with the system of street classification set forth in § 115-31B(1). Street right-of-way improvements shall be constructed according to standards and specifications contained or referenced in this section.
A.
Street paving. All street paving shall be in conformance with improvement
standards as defined below and shown on Diagrams 1, 2 and 3, Township
of Buena Vista — Typical Roadway Sections and Details, and Diagram
4, Township of Buena Vista — Standard Curb and Gutter Details,
which are hereby made a part of this chapter by reference and which
are on file and available for public inspection in the office of the
Township Clerk.
(1)
Gravel base course shall be constructed in accordance with provisions
of Article 3.1 of the Standard Specifications for Road and Bridge
Construction of the New Jersey Department of Transportation, as amended.
Gravel base course materials shall be soil aggregate, Type 2, Class
B of said specifications.
(2)
Bituminous-stabilized base course materials shall conform to requirements
specified in Article 3.2A of the Standard Specifications for Road
and Bridge Construction of the New Jersey Department of Transportation,
as amended, for Bituminous-Stabilized Base Course Stone Mix. Before
construction of the bituminous-stabilized course, the gravel base
shall be in a properly finished condition conforming to the proper
line and grade and free of soft spots or other deficiencies. Within
24 hours prior to the commencement of paving, the gravel base course
shall be tested by running a roller of a weight as great or greater
than that to be used in the paving operation over the entire pavement
area. When, in the opinion of the Township Engineer or his representative,
such testing results in excessive deformation, the developer will
be required to stabilize the gravel base course in a manner satisfactory
to the Township Engineer.
(3)
The method of construction of the bituminous-stabilized base course
shall conform to the same State of New Jersey specifications referred
to above for base course materials. Upon completion, uniformly selected
core samples, intact for full thickness of the base course, shall
be provided at the rate of one sample for every 1,000 square yards
of base course, at the expense of the developer. Where deficiencies
in required thickness are noted, at least two additional cores will
be required to determine the extent of the deficiency.
(4)
The average thickness of the bituminous-stabilized base course, as
determined from the core samples, shall be not less than the thickness
specified in Diagrams 1 through 3, Typical Roadway Sections and Details
(referenced above). When the pavement, as indicated by any core sample,
shows a deficiency of 1/4 inch or more from the required thickness,
the Township Engineer, at his option, may direct the developer to:
(5)
Materials for the street surface course, as required in Diagrams
1 through 3, Typical Roadway Sections and Details (referenced above),
shall be FABC-1, Mix No. 5, as specified in Article 3.10 of the aforementioned
New Jersey Department of Transportation Standard Specifications, which
shall be placed over a properly installed and, where needed, repaired
base course. Prior to construction of the surface course, a tack coat
as specified in Section 3.10 of the aforementioned New Jersey Department
of Transportation Standard Specifications shall be applied.
(6)
Upon completion of the surface course, the developer shall provide
core samples therefrom in accordance with the procedure outlined above
for base course sampling. The average thickness of the FABC-1 surface
course, as determined from the core samples, shall be not less than
the thickness specified in Diagrams 1 through 3, Typical Roadway Sections
and Details (referenced above). When the pavement, as indicated by
any core sample, shall show a deficiency of 1/4 inch or more from
the required thickness, the Township Engineer, at his option, may
direct the developer to:
B.
Curbs and gutters.
(1)
Standard monolithic concrete curb and gutter or standard curb with or without abutting gutter will be required along the pavement edge of streets in conformance with the improvement standards as defined on Diagrams 1 through 3, Typical Roadway Sections and Details, and Diagram 4, Design Standards for Curb and Gutter Details, (referenced above). Concrete shall be Class B, as specified in § 115-33D.
(2)
Expansion joints shall be provided at intervals of 20 feet and when
new construction abuts existing construction. The expansion joints
shall be filled with one-half-inch thick cellular material conforming
to the requirements therefor contained in the Standard Specifications
of the New Jersey Department of Transportation, as amended, to within
1/4 inch of the top of the gutter. All joints shall extend the full
depth of the structure.
(3)
Finished curbs and gutters shall be true to applicable grades, lines,
dimensions and curvatures. Exposed edges shall be neatly rounded to
a one-half-inch radius. Completed work shall be protected from traffic
and the elements and shall be kept moist for at least three days.
Damaged, broken or cracked work shall be renewed by the contractor
at his expense.
(4)
In those cases where a developer requests a waiver from ordinance
requirements for curbs and/or gutters, the municipal agency, in considering
a request for such a waiver, shall apply the following guidelines:
(a)
Curbs and gutters should be required in the case of any multifamily,
commercial or industrial development generating large volumes of vehicular
traffic or lying in close proximity to such development.
(b)
Gutters should be required in any case where, in the opinion
of the Township Engineer, lot gradients, unusual soil structure problems
or other conditions indicate susceptibility to poor surface water
flow or lack or uniformity of shoulder grades.
(c)
Curbs or curbs and gutters should be required along existing
and proposed municipal streets or roads in conjunction with any proposed
development that would otherwise, in the opinion of the Township Engineer,
contribute to an adverse drainage condition, soil erosion or watercourse
siltation.
C.
Sidewalks.
(1)
Except as otherwise provided below, sidewalks shall be required along all streets. Sidewalks shall be constructed in accordance with the provisions of this section and as shown on Diagrams 1 through 3, Typical Roadway Sections and Details, (referenced above). All sidewalks shall be paved with Portland Cement Class C, as specified in § 115-33D. Applicable construction details listed for curb construction shall be observed in the construction of portland cement concrete sidewalks.
(2)
Finished sidewalks shall be true to specified lines, grades, dimensions
and curvatures. Completed work shall be adequately protected from
traffic and the elements.
(3)
In those cases where a developer requests a waiver from the requirements
of sidewalks as set forth in this section, the municipal agency, in
considering such waiver, shall take into account the following guidelines:
(a)
Sidewalks should be required in the case of any development
or portion thereof lying in close proximity to school sites and other
pedestrian movement generators, including but not limited to recreational
facilities, churches, clubs, eating establishments and retail shopping
centers.
(b)
In situations other than those listed in Subsection C(3)(a) above, sidewalks along both sides of a street should be required when permitted gross residential densities are three or more dwelling units per acre and no internal open space walkway system is provided; along one side of a street only in cases where gross residential densities range between one dwelling unit and three dwelling units per acre and no internal open space walkway system is provided; and no sidewalk should be required in cases where permitted gross residential densities are less than one dwelling unit per acre or where adequate internal open space walkway systems are provided. In all cases, the municipal agency should take into account the nature and intensity of neighboring uses as well as the peculiar size, use and character of the development proposed. In addition to the following, the stormwater standards in § 115-53B(5) shall apply to all development in the Pinelands Area.
D.
Electric
vehicle supply/service equipment.
[Added 12-27-2022 by Ord. No. 124-2022]
(1)
Purpose. The purpose of this subsection is to promote and encourage
the use of electric vehicles by requiring the safe and efficient installation
of EVSE and make-ready parking spaces through municipal parking regulations
and other standards. EVSE and make-ready parking spaces will support
the state's transition to an electric transportation sector,
reducing automobile air pollution, greenhouse gas emissions, and stormwater
runoff contaminants. The goals are to:
(a)
Provide adequate and convenient EVSE and make-ready parking
spaces to serve the needs of the traveling public.
(b)
Provide opportunities for residents to have safe and efficient
personal EVSE located at or near their place of residence.
(c)
Provide the opportunity for nonresidential uses to supply EVSE
to their customers and employees.
(d)
Create standard criteria to encourage and promote safe, efficient,
and cost-effective electric vehicle charging opportunities in all
zones and settings for convenience of service to those that use electric
vehicles.
(2)
CERTIFICATE OF OCCUPANCY
CHARGING LEVEL
(a)
(b)
(c)
ELECTRIC VEHICLE SUPPLY/SERVICE EQUIPMENT or (EVSE)
MAKE-READY PARKING SPACE
PRIVATE EVSE
PUBLICLY ACCESSIBLE EVSE
Definitions. As used in this section, the following terms shall have
the meanings indicated:
The certificate provided for in N.J.A.C. 5:23-2, indicating
that the construction authorized by the construction permit has been
completed in accordance with the construction permit, the act and
the regulations. See "State Uniform Construction Code Act," P.L. 1975,
c. 217 (N.J.S.A. 52:27D-119 et seq.) and regulations adopted pursuant
thereto.
The amount of voltage provided to charge an electric vehicle
varies depending on the type of EVSE as follows:
Level 1 operates on a fifteen- to twenty-amp breaker on a 120-volt
AC circuit.
Level 2 operates on a forty- to 100-amp breaker on a 208- or
240-volt AC circuit.
Direct-current fast charger (DCFC) operates on a sixty-amp or
higher breaker on a 480-volt or higher three-phase circuit with special
grounding equipment. DCFC stations can also be referred to as "rapid
charging stations" that are typically characterized by industrial-grade
electrical outlets that allow for faster recharging of electric vehicles.
|
Electric vehicle: Any vehicle that is licensed and registered
for operation on public and private highways, roads, and streets;
and operates either partially or exclusively using an electric motor
powered by an externally charged on-board battery.
|
The equipment, including the cables, cords, conductors, connectors,
couplers, enclosures, attachment plugs, power outlets, power electronics,
transformer, switchgear, switches and controls, network interfaces,
point of sale equipment, and associated apparatus designed and used
for the purpose of transferring energy from the electric supply system
to a plug-in electric vehicle. EVSE may deliver either alternating
current or, consistent with fast charging equipment standards, direct-current
electricity. "EVSE" is synonymous with "electric vehicle charging
station."
The prewiring of electrical infrastructure at a parking space,
or set of parking spaces, to facilitate easy and cost-efficient future
installation of electric vehicle supply equipment or electric vehicle
service equipment, including, but not limited to, Level Two EVSE and
direct-current fast chargers. Make-ready includes expenses related
to service panels, junction boxes, conduit, wiring, and other components
necessary to make a particular location able to accommodate electric
vehicle supply equipment or electric vehicle service equipment on
a "plug and play" basis. "Make-ready" is synonymous with the term
"charger ready," as used in P.L. 2019, c. 362 (N.J.S.A. 48:25-1 et
seq.).
EVSE that has restricted access to specific users (e.g.,
single- and two-family homes, executive parking fleet parking with
no access to the general public).
EVSE that is publicly available (e.g., park and ride, public
parking lots and garages, on-street parking, shopping center parking,
nonreserved parking in multifamily parking lots, etc.).
(3)
Approvals and permits.
(a)
An application for development submitted solely for the installation
of EVSE or make-ready parking spaces shall be considered a permitted
accessory use and permitted accessory structure in all zoning or use
districts and shall not require a variance pursuant to N.J.S.A. 40:55D-70.
(c)
All EVSE and make-ready parking spaces shall be subject to applicable
local and/or Department of Community Affairs permit and inspection
requirements.
(d)
The Administrative Official shall enforce all signage and installation
requirements described in this subsection. Failure to meet the requirements
in this subsection shall be subject to the same enforcement and penalty
provisions as other violations of the Township of Buena Vista's
land use regulations.
(e)
An application for development for the installation of EVSE
or make-ready spaces at an existing gasoline service station, an existing
retail establishment, or any other existing building shall not be
subject to site plan or other land use board review, shall not require
variance relief pursuant to N.J.S.A. 40:55D-1 et seq. or any other
law, rule, or regulation, and shall be approved through the issuance
of a zoning permit by the administrative officer, provided the application
meets the following requirements:
[1]
The proposed installation does not violate bulk requirements
applicable to the property or the conditions of the original final
approval of the site plan or subsequent approvals for the existing
gasoline service station, retail establishment, or other existing
building;
[2]
All other conditions of prior approvals for the gasoline service
station, the existing retail establishment, or any other existing
building continue to be met;
[3]
The proposed installation complies with the construction codes
adopted in or promulgated pursuant to the "State Uniform Construction
Code Act," P.L. 1975, c. 217 (N.J.S.A. 52:27D-119 et seq.), any safety
standards concerning the installation, and any state rule or regulation
concerning electric vehicle charging stations; and
[4]
Within the Pinelands Area, the proposed installation complies
with the minimum environmental standards of the Pinelands Comprehensive
Management Plan (N.J.A.C. 7:50-6.1 et seq.).
(f)
An application pursuant to Subsection D(3)(e) above shall be deemed complete if:
[1]
The application, including the permit fee and all necessary
documentation, is determined to be complete;
[2]
A notice of incompleteness is not provided within 20 days after
the filing of the application; or
[3]
A one-time written correction notice is not issued by the administrative
officer within 20 days after filing of the application detailing all
deficiencies in the application and identifying any additional information
explicitly necessary to complete a review of the permit application.
[4]
In the Pinelands Area, an application pursuant to Subsection D(3)(e) above shall also require the submission of a certificate of filing issued by the New Jersey Pinelands Commission, unless the proposed development meets the criteria of § 115-17D(7) of the Code of Buena Vista Township.
(g)
Upon deeming an application complete pursuant to Subsection D(3)(f) above, the Administrative Official shall issue a zoning permit in accordance with § 115-11 of the Code of Buena Vista Township, and the following:
[1]
In the Pinelands Area, said zoning permit shall not take effect and no development shall be carried out until the provisions of §§ 115-26 and 115-27 have been met, unless the proposed development meets the criteria of § 115-17D(7) of the Code of Buena Vista Township.
(h)
EVSE and make-ready parking spaces installed at a gasoline service
station, an existing retail establishment, or any other existing building
shall be subject to applicable local and/or Department of Community
Affairs inspection requirements.
(i)
A permitting application solely for the installation of electric
vehicle supply equipment permitted as an accessory use shall not be
subject to review based on parking requirements.
(4)
Requirements for new installation of EVSE and make-ready parking
spaces.
(a)
As a condition of preliminary site plan approval, for each application
involving a multiple dwelling with five or more units of dwelling
space, which shall include a multiple dwelling that is held under
a condominium or cooperative form of ownership, a mutual housing corporation,
or a mixed-use development, the developer or owner, as applicable,
shall:
[1]
Prepare as make-ready parking spaces at least 15% of the required
off-street parking spaces, and install EVSE in at least 1/3 of the
15% of make-ready parking spaces;
[2]
Within three years following the date of the issuance of the
certificate of occupancy, install EVSE in an additional 1/3 of the
original 15% of make-ready parking spaces; and
[3]
Within six years following the date of the issuance of the certificate
of occupancy, install EVSE in the final 1/3 of the original 15% of
make-ready parking spaces.
[4]
Throughout the installation of EVSE in the make-ready parking
spaces, at least 5% of the electric vehicle supply equipment shall
be accessible for people with disabilities.
[5]
Nothing in this subsection shall be construed to restrict the
ability to install electric vehicle supply equipment or make-ready
parking spaces at a faster or more expansive rate than as required
above.
(b)
As a condition of preliminary site plan approval, each application involving a parking lot or garage not covered in Subsection D(4)(a) above shall:
[1]
Install at least one make-ready parking space if there will
be 50 or fewer off-street parking spaces.
[2]
Install at least two make-ready parking spaces if there will
be 51 to 75 off-street parking spaces.
[3]
Install at least three make-ready parking spaces if there will
be 76 to 100 off-street parking spaces.
[4]
Install at least four make-ready parking spaces, at least one
of which shall be accessible for people with disabilities, if there
will be 101 to 150 off-street parking spaces.
[5]
Install at least 4% of the total parking spaces as make-ready
parking spaces, at least 5% of which shall be accessible for people
with disabilities, if there will be more than 150 off-street parking
spaces.
[6]
In lieu of installing make-ready parking spaces, a parking lot
or garage may install EVSE to satisfy the requirements of this subsection.
[7]
Nothing in this subsection shall be construed to restrict the
ability to install electric vehicle supply equipment or make-ready
parking spaces at a faster or more expansive rate than as required
above.
[8]
Notwithstanding the provisions of this subsection, a retailer
that provides 25 or fewer off-street parking spaces or the developer
or owner of a single-family home shall not be required to provide
or install any electric vehicle supply equipment or make-ready parking
spaces.
(5)
Minimum parking requirements.
(a)
All parking spaces with EVSE and make-ready equipment shall
be included in the calculation of minimum required parking spaces.
(b)
A parking space prepared with EVSE or make-ready equipment shall
count as at least two parking spaces for the purpose of complying
with a minimum parking space requirement. This shall result in a reduction
of no more than 10% of the total required parking.
(c)
All parking space calculations for EVSE and make-ready equipment
shall be rounded up to the next full parking space.
(6)
Reasonable standards for all new EVSE and make-ready parking spaces.
(a)
Location and layout of EVSE and make-ready parking spaces is
expected to vary based on the design and use of the primary parking
area. It is expected flexibility will be required to provide the most
convenient and functional service to users. Standards and criteria
should be considered guidelines and flexibility should be allowed
when alternatives can better achieve objectives for provision of this
service.
(b)
Installation:
[1]
Installation of EVSE and make-ready parking spaces shall meet
the electrical subcode of the Uniform Construction Code, N.J.A.C.
5:23-3.16.
[2]
Each EVSE or make-ready parking space that is not accessible
for people with disabilities shall be not less than nine feet wide
or 18 feet in length. Exceptions may be made for existing parking
spaces or parking spaces that were part of an application that received
prior site plan approval.
[3]
To the extent practical, the location of accessible parking
spaces for people with disabilities with EVSE and make-ready equipment
shall comply with the general accessibility requirements of the Uniform
Construction Code, N.J.A.C. 5:23, and other applicable accessibility
standards.
[4]
Each EVSE or make-ready parking space that is accessible for
people with disabilities shall comply with the sizing of accessible
parking space requirements in the Uniform Construction Code, N.J.A.C.
5:23, and other applicable accessibility standards.
(c)
EVSE parking:
[1]
Publicly accessible EVSE shall be reserved for parking and charging
electric vehicles only. Electric vehicles shall be connected to the
EVSE.
[2]
Electric vehicles may be parked in any parking space designated
for parking, subject to the restrictions that would apply to any other
vehicle that would park in that space.
[3]
Public parking. Pursuant to N.J.S.A. 40:48-2, publicly accessible EVSE parking spaces shall be monitored by the municipality's Police Department and enforced in the same manner as any other parking. It shall be a violation of this subsection to park or stand a nonelectric vehicle in such a space, or to park an electric vehicle in such a space when it is not connected to the EVSE. Any nonelectric vehicle parked or standing in an EVSE parking space or any electric vehicle parked and not connected to the EVSE shall be subject to fine and/or impoundment of the offending vehicle as described in the general penalty provisions of this Municipal Code. Signage indicating the penalties for violations shall comply with Subsection D(6)(e) below. Any vehicle parked in such a space shall make the appropriate payment for the space and observe the time limit for the underlying parking area, if applicable.
[4]
Private parking. The use of EVSE shall be monitored by the property
owner or designee.
(d)
Safety.
[1]
Each publicly accessible EVSE shall be located at a parking space that is designated for electric vehicles only and identified by green painted pavement and/or curb markings, a green painted charging pictograph symbol, and appropriate signage pursuant to Subsection D(6)(e) below.
[2]
Where EVSE is installed, adequate site lighting and landscaping
shall be provided in accordance with Buena Vista Township's ordinances
and regulations.
[3]
Adequate EVSE protection, such as concrete-filled steel bollards,
shall be used for publicly accessible EVSE. Nonmountable curbing may
be used in lieu of bollards if the EVSE is set back a minimum of 24
inches from the face of the curb. Any stand-alone EVSE bollards should
be three feet to four feet high with concrete footings placed to protect
the EVSE from accidental impact and to prevent damage from equipment
used for snow removal.
[4]
EVSE outlets and connector devices shall be no less than 36 inches and no higher than 48 inches from the ground or pavement surface where mounted, and shall contain a cord management system as described in Subsection D(6)(d)[5] below. Equipment mounted on pedestals, lighting posts, bollards, or other devices shall be designated and located as to not impede pedestrian travel, create trip hazards on sidewalks, or impede snow removal.
[5]
Each EVSE shall incorporate a cord management system or method
to minimize the potential for cable entanglement, user injury, or
connector damage. Cords shall be retractable or have a place to hang
the connector and cord a safe and sufficient distance above the ground
or pavement surface. Any cords connecting the charger to a vehicle
shall be configured so that they do not cross a driveway, sidewalk,
or passenger unloading area.
[6]
Where EVSE is provided within a pedestrian circulation area,
such as a sidewalk or other accessible route to a building entrance,
the EVSE shall be located so as not to interfere with accessibility
requirements of the Uniform Construction Code, N.J.A.C. 5:23, and
other applicable accessibility standards.
[7]
Publicly accessible EVSE shall be maintained in all respects,
including the functioning of the equipment. A twenty-four-hour on-call
contact shall be provided on the equipment for reporting problems
with the equipment or access to it. To allow for maintenance and notification,
the Township of Buena Vista shall require the owners/designee of publicly
accessible EVSE to provide information on the EVSE's geographic
location, date of installation, equipment type and model, and owner
contact information.
(e)
Signs.
[1]
Publicly accessible EVSE shall have posted regulatory signs,
as identified in this subsection, allowing only charging electric
vehicles to park in such spaces. For purposes of this subsection,
"charging" means that an electric vehicle is parked at an EVSE and
is connected to the EVSE. If time limits or vehicle removal provisions
are to be enforced, regulatory signs including parking restrictions
shall be installed immediately adjacent to, and visible from, the
EVSE. For private EVSE, installation of signs and sign text is at
the discretion of the owner.
[2]
All regulatory signs shall comply with visibility, legibility,
size, shape, color, and reflectivity requirements contained within
the Federal Manual on Uniform Traffic Control Devices as published
by the Federal Highway Administration.
[3]
Wayfinding or directional signs, if necessary, shall be permitted at appropriate decision points to effectively guide motorists to the EVSE parking space(s). Wayfinding or directional signage shall be placed in a manner that shall not interfere with any parking space, drive lane, or exit and shall comply with Subsection D(6)(e)[2] above.
[4]
In addition to the signage described above, the following information
shall be available on the EVSE or posted at or adjacent to all publicly
accessible EVSE parking spaces:
[a]
Hours of operation and/or time limits if time limits
or tow-away provisions are to be enforced by the municipality or owner/designee;
[b]
Usage fees and parking fees, if applicable; and
[c]
Contact information (telephone number) for reporting
when the equipment is not operating or other problems.
(f)
Usage fees.
[1]
For publicly accessible municipal EVSE: In addition to any parking
fees, the fee to use parking spaces within the municipality identified
as EVSE spaces shall be the current market rate for each hour that
the electric vehicle is connected to the EVSE (or per kWh).
[2]
This fee may be amended by a resolution adopted by the governing
body.
[3]
Private EVSE: Nothing in this subsection shall be deemed to
preclude a private owner/designee of an EVSE from collecting a fee
for the use of the EVSE, in accordance with applicable state and federal
regulations. Fees shall be available on the EVSE or posted at or adjacent
to the EVSE parking space.
[Amended 8-1-2005 by Ord. No. 13-2005]
A.
Scope and purpose.
(1)
Policy statement. Flood control, groundwater recharge, and pollutant
reduction through nonstructural or low-impact techniques shall be
explored before relying on structural BMPs. Structural BMPs should
be integrated with nonstructural stormwater management strategies
and proper maintenance plans. Nonstructural strategies include both
environmentally sensitive site design and source controls that prevent
pollutants from being placed on the site or from being exposed to
stormwater. Source control plans 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. Note: Municipalities
are encouraged to participate in the development of regional stormwater
management plans and to adopt and implement ordinances for specific
drainage area performance standards that address local stormwater
management and environmental characteristics.
(2)
Purpose. It is the purpose of this section to establish minimum stormwater management requirements and controls for "major development," as defined in Subsection B.
(3)
Applicability.
(4)
Compatibility with other permit and ordinance requirements. Development
approvals issued for subdivisions and site plans pursuant to this
section are to be considered an integral part of development approvals
under the subdivision and site plan review process and do not relieve
the applicant of the responsibility to secure required permits or
approvals for activities regulated by any other applicable code, rule,
act, or ordinance. In their interpretation and application, the provisions
of this section shall be held to be the minimum requirements for the
promotion of the public health, safety, and general welfare. This
section is not intended to interfere with, abrogate, or annul any
other ordinances, rule or regulation, statute, or other provision
of law except that, where any provision of this section imposes restrictions
different from those imposed by any other ordinance, rule or regulation,
or other provision of law, the more restrictive provisions or higher
standards shall control.
B.
CAFRA PLANNING MAP
CAFRA CENTERS, CORES OR NODES
COMPACTION
CORE
COUNTY REVIEW AGENCY
DEPARTMENT
DESIGNATED CENTER
DESIGN ENGINEER
DEVELOPMENT
DRAINAGE AREA
ENVIRONMENTALLY CRITICAL AREAS
EMPOWERMENT NEIGHBORHOOD
EROSION
IMPERVIOUS SURFACE
INFILTRATION
MAJOR DEVELOPMENT
MUNICIPALITY
NODE
NUTRIENT
PERSON
POLLUTANT
RECHARGE
SEDIMENT
SITE
SOIL
STATE DEVELOPMENT AND REDEVELOPMENT PLAN METROPOLITAN PLANNING
AREA (PA1)
STATE PLAN POLICY MAP
STORMWATER
STORMWATER MANAGEMENT BASIN
STORMWATER MANAGEMENT MEASURE
STORMWATER RUNOFF
TIDAL FLOOD HAZARD AREA
URBAN COORDINATING COUNCIL EMPOWERMENT NEIGHBORHOOD
URBAN ENTERPRISE ZONES
URBAN REDEVELOPMENT AREA
WATERS OF THE STATE
WETLANDS OR WETLAND
Definitions. Unless specifically defined below, words or phrases
used in this section shall be interpreted so as to give them the meaning
they have in common usage and to give this section its most reasonable
application. 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.
The geographic depiction of the boundaries for Coastal Planning
Areas, CAFRA Centers, CAFRA Cores and CAFRA Nodes pursuant to N.J.A.C.
7:7E-5B.3.
Those areas within boundaries accepted by the Department
pursuant to N.J.A.C. 7:7E-5B.
The increase in soil bulk density.
A pedestrian-oriented area of commercial and civic uses serving
the surrounding municipality, generally including housing and access
to public transportation.
An agency designated by the County Board of Chosen Freeholders
to review municipal stormwater management plans and implementing ordinance(s).
The county review agency may either be:
The New Jersey Department of Environmental Protection.
A State Development and Redevelopment Plan Center as designated
by the State Planning Commission, such as urban, regional, town, village,
or hamlet.
A person professionally qualified and duly licensed in New
Jersey to perform engineering services that may include, but not necessarily
be limited to, development of project requirements, creation and development
of project design and preparation of drawings and specifications.
The division of a parcel of land into two or more parcels,
the construction, reconstruction, conversion, structural alteration,
relocation or enlargement of any building or structure, any mining
excavation or landfill, and any use or change in the use of any building
or other structure, or land or extension of use of land, by any person,
for which permission is required under the Municipal Land Use Law,
N.J.S.A. 40:55D-1 et seq. In the case of development of agricultural
lands, development means: any activity that requires a state permit;
any activity reviewed by the County Agricultural Board (CAB) and the
State Agricultural Development Committee (SADC), and municipal review
of any activity not exempted by the Right to Farm Act, N.J.S.A.A 4:1C-1
et seq.
A geographic area within which stormwater, sediments, or
dissolved materials drain to a particular receiving water body or
to a particular point along a receiving water body.
An area or feature which is of significant environmental
value, including but not limited to: stream corridors; natural heritage
priority sites; habitat of endangered or threatened species; large
areas of contiguous open space or upland forest; steep slopes; and
wellhead protection and groundwater recharge areas. Habitats of endangered
or threatened species are identified using the Department's Landscape
Project as approved by the Department's Endangered and Nongame Species
Program.
A neighborhood designated by the Urban Coordinating Council
"in consultation and conjunction with" the New Jersey Redevelopment
Authority pursuant to N.J.S.A.A 55:19-69.
The detachment and movement of soil or rock fragments by
water, wind, ice or gravity.
A surface that has been covered with a layer of material
so that it is highly resistant to infiltration by water.
The process by which water seeps into the soil from precipitation.
Any development that provides for ultimately disturbing one
or more acres of land. "Disturbance" for the purpose of this rule
is the placement of impervious surface or exposure and/or movement
of soil or bedrock or clearing, cutting, or removing of vegetation.
Any city, borough, town, Township, or village.
An area designated by the State Planning Commission concentrating
facilities and activities which are not organized in a compact form.
A chemical element or compound, such as nitrogen or phosphorus,
which is essential to and promotes the development of organisms.
Any individual, corporation, company, partnership, firm,
association, Township of Buena Vista, or political subdivision of
this state subject to municipal jurisdiction pursuant to the Municipal
Land Use Law, N.J.S.A. 40:55D-1 et seq.
Any dredged spoil, solid waste, incinerator residue, filter
backwash, sewage, garbage, refuse, oil, grease, sewage sludge, munitions,
chemical wastes, biological materials, medical wastes, radioactive
substance (except those regulated under the Atomic Energy Act of 1954,
as amended (42 U.S.C. 2011 et seq.), thermal waste, wrecked or discarded
equipment, rock, sand, cellar dirt, industrial, municipal, agricultural,
and construction waste or runoff, or other residue discharged directly
or indirectly to the land, groundwaters or surface waters of the state,
or to a domestic treatment works. "Pollutant" includes both hazardous
and nonhazardous pollutants.
The amount of water from precipitation that infiltrates into
the ground and is not evapotranspired.
Solid material, mineral or organic, that is in suspension,
is being transported, or has been moved from its site of origin by
air, water or gravity as a product of erosion.
The lot or lots upon which a major development is to occur
or has occurred.
All unconsolidated mineral and organic material of any origin.
An area delineated on the State Plan Policy Map and adopted
by the State Planning Commission that is intended to be the focus
for much of the state's future redevelopment and revitalization efforts.
The geographic application of the State Development and Redevelopment
Plan's goals and statewide policies and the official map of these
goals and policies.
Water resulting from precipitation (including rain and snow)
that runs off the land's surface, is transmitted to the subsurface,
or is captured by separate storm sewers or other sewage or drainage
facilities or conveyed by snow removal equipment.
An excavation or embankment and related areas designed to
retain stormwater runoff. A stormwater management basin may either
be normally dry (that is, a detention basin or infiltration basin),
retain water in a permanent pool (a retention basin), or be planted
mainly with wetland vegetation (most constructed stormwater wetlands).
Any structural or nonstructural strategy, practice, technology,
process, program, or other method intended to control or reduce stormwater
runoff and associated pollutants or to induce or control the infiltration
or groundwater recharge of stormwater or to eliminate illicit or illegal
nonstormwater discharges into stormwater conveyances.
Water flow on the surface of the ground or in storm sewers,
resulting from precipitation.
A flood hazard area, which may be influenced by stormwater
runoff from inland areas, but which is primarily caused by the Atlantic
Ocean.
A neighborhood given priority access to state resources through
the New Jersey Redevelopment Authority.
A zone designated by the New Jersey Enterprise Zone Authority
pursuant to the New Jersey Urban Enterprise Zones Act, N.J.S.A. 52:27H-60
et seq.
Previously developed portions of areas:
The ocean and its estuaries, all springs, streams, wetlands,
and bodies of surface or ground water, whether natural or artificial,
within the boundaries of the State of New Jersey or subject to its
jurisdiction.
An area that is inundated or saturated by surface water or
groundwater at a frequency and duration sufficient to support, and
that under normal circumstances does support, a prevalence of vegetation
typically adapted for life in saturated soil conditions, commonly
known as hydrophytic vegetation.
C.
General standards. Design and performance standards for stormwater
management measures.
(1)
Stormwater management measures for major development shall be developed to meet the erosion control, groundwater recharge, stormwater runoff quantity, and stormwater runoff quality standards in Subsection D. To the maximum extent practicable, these standards shall be met by incorporating nonstructural stormwater management strategies into the design. If these strategies alone are not sufficient to meet these standards, structural stormwater management measures necessary to meet these standards shall be incorporated into the design.
(2)
The standards in this section apply only to new major development
and are intended to minimize the impact of stormwater runoff on water
quality and water quantity in receiving water bodies and maintain
groundwater recharge. The standards do not apply to new major development
to the extent that alternative design and performance standards are
applicable under a regional stormwater management plan or water quality
management plan adopted in accordance with Department rules. Note:
Alternative standards shall provide at least as much protection from
stormwater-related loss of groundwater recharge, stormwater quantity
and water quality impacts of major development projects as would be
provided under the standards in N.J.A.C. 7:8-5.
D.
Stormwater management requirements for major development.
(1)
The development shall incorporate a maintenance plan for the stormwater management measures incorporated into the design of a major development in accordance with Subsection J.
(2)
Stormwater management measures shall avoid adverse impacts of concentrated
flow on habitat for threatened and endangered species as documented
in the Department's Landscape Project or Natural Heritage Database
established under N.J.S.A. 13:1B-15.147 through 15.150, particularly
Helonias bullata (swamp pink) and/or Clemmys muhlnebergi (bog turtle).
(3)
The following linear development projects are exempt from the groundwater recharge, stormwater runoff quantity, and stormwater runoff quality requirements of Subsection D(6) and (7):
(a)
The construction of an underground utility line, provided that
the disturbed areas are revegetated upon completion;
(b)
The construction of an aboveground utility line, provided that
the existing conditions are maintained to the maximum extent practicable;
and
(c)
The construction of a public pedestrian access, such as a sidewalk
or trail with a maximum width of 14 feet, provided that the access
is made of permeable material.
(4)
A waiver from strict compliance from the groundwater recharge, stormwater runoff quantity, and stormwater runoff quality requirements of Subsection D(6) and (7) may be obtained for the enlargement of an existing public roadway or railroad or the construction or enlargement of a public pedestrian access, provided that the following conditions are met:
(a)
The applicant demonstrates that there is a public need for the
project that cannot be accomplished by any other means;
(d)
The applicant demonstrates that it does not own or have other rights to areas, including the potential to obtain through condemnation lands not falling under Subsection D(3)(c) above within the upstream drainage area of the receiving stream that would provide additional opportunities to mitigate the requirements of Subsection D(6) and (7) that were not achievable on site.
(5)
Nonstructural stormwater management strategies.
(a)
To the maximum extent practicable, the standards in Subsection D(6) and (7) shall be met by incorporating nonstructural stormwater management strategies set forth at this Subsection D(5) into the design. The applicant shall identify the nonstructural measures incorporated into the design of the project. If the applicant contends that it is not feasible for engineering, environmental, or safety reasons to incorporate any nonstructural stormwater management measures identified in Subsection D(5)(b) below into the design of a particular project, the applicant shall identify the strategy considered and provide a basis for the contention.
(b)
Nonstructural stormwater management strategies incorporated
into site design shall:
[1]
Protect areas that provide water quality benefits or areas particularly
susceptible to erosion and sediment loss;
[2]
Minimize impervious surfaces and break up or disconnect the
flow of runoff over impervious surfaces;
[3]
Maximize the protection of natural drainage features and vegetation;
[4]
Minimize the decrease in the time of concentration from preconstruction
to postconstruction. "Time of concentration" is defined as the time
it takes for runoff to travel from the hydraulically most distant
point of the watershed to the point of interest within a watershed;
[5]
Minimize land disturbance including clearing and grading;
[6]
Minimize soil compaction;
[7]
Provide low-maintenance landscaping that encourages retention
and planting of native vegetation and minimizes the use of lawns,
fertilizers and pesticides;
[8]
Provide vegetated open-channel conveyance systems discharging
into and through stable vegetated areas;
[9]
Provide other source controls to prevent or minimize the use
or exposure of pollutants at the site in order to prevent or minimize
the release of those pollutants into stormwater runoff. Such source
controls include, but are not limited to:
[a]
Site design features that help to prevent accumulation of trash and debris in drainage systems, including features that satisfy Subsection D(5)(c) below;
[b]
Site design features that help to prevent discharge
of trash and debris from drainage systems;
[c]
Site design features that help to prevent and/or
contain spills or other harmful accumulations of pollutants at industrial
or commercial developments; and
[d]
When establishing vegetation after land disturbance,
applying fertilizer in accordance with the requirements established
under the Soil Erosion and Sediment Control Act, N.J.S.A. 4:24-39
et seq., and implementing rules.
(c)
Site design features identified under Subsection D(5)(b)[9][b] above shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets. For purposes of this paragraph, "solid and floatable materials" means sediment, debris, trash, and other floating, suspended, or settleable solids. For exemptions to this standard see Subsection D(5)(c)[3] below.
[1]
Design engineers shall use either 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
(April 1996); or
[b]
A different grate, if each individual clear space
in that grate has an area of no more than seven square inches, or
is no greater than 0.5 inches across the smallest dimension. Examples
of grates subject to this standard include grates in grate inlets.
the grate portion (non-curb-opening portion) of combination inlets,
grates on storm sewer manholes, ditch grates, trench grates, and grates
of spacer bars in slotted drains. Examples of ground surfaces include
surfaces of roads (including bridges), driveways, parking areas, bikeways,
plazas, sidewalks, lawns, fields, open channels, and stormwater basin
floors.
[2]
Whenever design engineers use a curb-opening inlet, 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.
[3]
This standard does not apply:
[a]
Where the review agency determines that this standard
would cause inadequate hydraulic performance that could not practicably
be overcome by using additional or larger storm drain inlets that
meet these standards;
[b]
Where flows from the water quality design storm as specified in Subsection D(7)(a) are conveyed through any device (e.g., end of pipe netting facility, manufactured treatment device, or a catch basin hood) that is designed, at a minimum, to prevent delivery of all solid and floatable materials that could not pass through one of the following;
[i]
A rectangular space 4 5/8 inches long and
1 1/2 inches wide (this option does not apply for outfall netting
facilities); or
[ii]
A bar screen having a bar spacing of 0.5 inches.
[iii]
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 Subsection D(7)(a); or
[iv]
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.
(d)
Any land area used as a nonstructural stormwater management measure to meet the performance standards in Subsection D(6) and (7) shall be dedicated to a government agency, subjected to a conservation restriction filed with the appropriate county Clerk's office, or subject to an approved equivalent restriction that ensures that measure or an equivalent stormwater management measure approved by the reviewing agency is maintained in perpetuity.
(6)
Erosion control, groundwater recharge and runoff quantity standards.
(a)
This subsection contains minimum design and performance standards
to control erosion, encourage and control infiltration and groundwater
recharge, and control stormwater runoff quantity impacts of major
development.
[1]
The minimum design and performance standards for erosion control
are those established under the Soil Erosion and Sediment Control
Act, N.J.S.A. 4:24-39 et seq., and implementing rules.
[2]
The minimum design and performance standards for groundwater
recharge are as follows:
[a]
The design engineer shall, using the assumptions and factors for stormwater runoff and groundwater recharge calculations at Subsection E, either:
[i]
Demonstrate through hydrologic and hydraulic analysis
that the site and its stormwater management measures maintain 100%
of the average annual preconstruction groundwater recharge volume
for the site; or
[ii]
Demonstrate through hydrologic and hydraulic analysis
that the increase of stormwater runoff volume from preconstruction
to postconstruction for the two-year storm is infiltrated.
[b]
This groundwater recharge requirement does not
apply to projects within the urban redevelopment area, or to projects
subject to D(6)(a)[1][c] below.
[c]
The following types of stormwater shall not be
recharged:
[i]
Stormwater from areas of high pollutant loading.
High pollutant loading areas are areas in industrial and commercial
developments where solvents and/or petroleum products are loaded/unloaded,
stored, or applied; areas where pesticides are loaded/unloaded or
stored; areas where hazardous materials are expected to be present
in greater than "reportable quantities" as defined by the United States
Environmental Protection Agency (EPA) at 40 CFR 302.4; areas where
recharge would be inconsistent with Department-approved remedial action
work plan or landfill closure plan and areas with high risks for spills
of toxic materials, such as gas stations and vehicle maintenance facilities;
and
[ii]
Industrial stormwater exposed to source material.
"Source material" means any material(s) or machinery, located at an
industrial facility, that is directly or indirectly related to process,
manufacturing or other industrial activities, which could be a source
of pollutants in any industrial stormwater discharge to groundwater.
Source materials include, but are not limited to, raw materials; intermediate
products; final products; waste materials; by-products; industrial
machinery and fuels, and lubricants, solvents, and detergents that
are related to process, manufacturing, or other industrial activities
that are exposed to stormwater.
[d]
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 and other subsurface structures in the vicinity or downgradient
of the groundwater recharge area.
[3]
In order to control stormwater runoff quantity impacts, the design engineer shall, using the assumptions and factors for stormwater runoff calculations at Subsection E, complete one of the following:
[a]
Demonstrate through hydrologic and hydraulic analysis
that for stormwater leaving the site, postconstruction runoff hydrographs
for the two-, ten-, and one-hundred-year storm events do not exceed,
at any point in time, the preconstruction runoff hydrographs for the
same storm events;
[b]
Demonstrate through hydrologic and hydraulic analysis
that there is no increase, as compared to the preconstruction condition,
in the peak runoff rates of stormwater leaving the site for the two-,
ten-, and one-hundred-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
postconstruction peak runoff rates for the two-, ten-, and one-hundred-year
storm events are 50, 75 and 80%, respectively, of the preconstruction
peak runoff rates. The percentages apply only to the postconstruction
stormwater runoff that is attributable to the portion of the site
on which the proposed development or project is to be constructed.
The percentages shall not be applied to postconstruction stormwater
runoff into tidal flood hazard areas if the increased volume of stormwater
runoff will not increase flood damages below the point of discharge;
or
[d]
In tidal flood hazard areas, stormwater runoff
quantity analysis in accordance with [a], [b] and [c] above shall
only be applied if the increased volume of stormwater runoff could
increase flood damages below the point of discharge.
(b)
Any application for a new agricultural development that meets the definition of major development at Subsection B shall be submitted to the appropriate Soil Conservation District for review and approval in accordance with the requirements of this section and any applicable Soil Conservation District guidelines for stormwater runoff quantity and erosion control. For the purposes of this section, "agricultural development" means land uses normally associated with the production of food, fiber and livestock for sale. Such uses do not include the development of land for the processing or sale of food and the manufacturing of agriculturally related products.
(7)
Stormwater runoff quality standards.
(a)
Stormwater management measures shall be designed to reduce the
postconstruction load of total suspended solids (TSS) in stormwater
runoff by 80% of the anticipated load from the developed site, expressed
as an annual average. Stormwater management measures shall only be
required for water quality control if an additional 1/4 acre of impervious
surface is being proposed on a development site. The requirement to
reduce TSS does not apply to any stormwater runoff in a discharge
regulated under a numeric effluent limitation for TSS imposed under
the New Jersey Pollution Discharge Elimination System (NJPDES) rules,
N.J.A.C. 7:14A, or in a discharge specifically exempt under a NJPDES
permit from this requirement. The water quality design storm is 1.25
inches of rainfall in two hours. Water quality calculations shall
take into account the distribution of rain from the water quality
design storm, as reflected in Table 1. The calculation of the volume
of runoff may take into account the implementation of nonstructural
and structural stormwater management measures.
|
Table 1: Water Quality Design Storm Distribution
| ||||
|---|---|---|---|---|
|
Time
(minutes)
|
Cumulative Rainfall
(inches)
|
Time
(minutes)
|
Cumulative Rainfall
(inches)
| |
|
0
|
0.0000
|
65
|
0.8917
| |
|
5
|
0.0083
|
70
|
0.9917
| |
|
10
|
0.0166
|
75
|
1.0500
| |
|
15
|
0.0250
|
80
|
1.0840
| |
|
20
|
0.0500
|
85
|
1.1170
| |
|
25
|
0.0750
|
90
|
1.1500
| |
|
30
|
0.1000
|
95
|
1.1750
| |
|
35
|
0.1330
|
100
|
1.2000
| |
|
40
|
0.1660
|
105
|
1.2250
| |
|
45
|
0.2000
|
110
|
1.2334
| |
|
50
|
0.2583
|
115
|
1.2417
| |
|
55
|
0.3583
|
120
|
1.2500
| |
|
60
|
0.6250
| |||
(b)
For purposes of TSS reduction calculations, Table 2 below presents the presumed removal rates for certain BMPs designed in accordance with the New Jersey Stormwater Best Management Practices Manual. The BMP Manual may be obtained from the address identified in Subsection G, or found on the Department's Web site at www.njstormwater.org. The BMP Manual and other sources of technical guidance are listed in Subsection G. TSS reduction shall be calculated based on the removal rates for the BMPs in Table 2 below. Alternative removal rates and methods of calculating removal rates may be used if the design engineer provides documentation demonstrating the capability of these alternative rates and methods to the review agency. A copy of any approved alternative rate or method of calculating the removal rate shall be provided to the Department at the following address: Division of Watershed Management, New Jersey Department of Environmental Protection, PO Box 418, Trenton, New Jersey, 08625-0418.
(c)
If more than one BMP in series is necessary to achieve the required
eighty-percent TSS reduction for a site, the applicant shall utilize
the following formula to calculate TSS reduction:
|
R = A + B — (AXB)/100
| ||||
|
Where:
| ||||
|
R
|
=
|
total TSS percent load removal from application of both BMPs
| ||
|
A
|
=
|
the TSS percent removal rate applicable to the first BMP
| ||
|
B
|
=
|
the TSS percent removal rate applicable to the second BMP
| ||
|
Table 2: TSS Removal Rates for BMPs
| ||
|---|---|---|
|
Best Management Practice
|
TSS Percent Removal Rate
| |
|
Bioretention systems
|
90%
| |
|
Constructed stormwater wetland
|
90%
| |
|
Extended detention basin
|
40% to 60%
| |
|
Infiltration structure
|
80%
| |
|
Manufactured treatment device
|
See Subsection F(3)
| |
|
Sand filter
|
80%
| |
|
Vegetative filter strip
|
60% to 80%
| |
|
Wet pond
|
50% to 90%
| |
(d)
It there is more than one on-site drainage area, the eighty-percent
TSS removal rate shall apply to each drainage area, unless the runoff
from the subareas converge on site, in which case the removal rate
can be demonstrated through a calculation using a weighted average.
(e)
Stormwater management measures shall also be designed to reduce, to the maximum extent feasible, the postconstruction 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 nonstructural strategies and structural measures that optimize nutrient removal while still achieving the performance standards in Subsection D(6) and (7).
(f)
Additional information and examples are contained in the New Jersey Stormwater Best Management Practices Manual, which may be obtained from the address identified in Subsection G.
(g)
In accordance with the definition of FW1 at N.J.A.C. 7:9B-1.4,
stormwater management measures shall be designed to prevent any increase
in stormwater runoff to waters classified as FW1.
(h)
Special water resource protection areas shall be established
along all waters designated Category One at N.J.A.C. 7:9B, and perennial
or intermittent streams that drain into or upstream of the Category
One waters as shown on the USGS Quadrangle Maps or in the County Soil
Surveys within the associated HUC14 drainage area. These areas shall
be established for the protection of water quality, aesthetic value,
exceptional ecological significance, exceptional recreational significance,
exceptional water supply significance, and exceptional fisheries significance
of those established Category One waters. These areas shall be designated
and protected as follows:
[1]
The applicant shall preserve and maintain a special water resource
protection area in accordance with one of the following:
[a]
A three-hundred-foot special water resource protection
area shall be provided on each side of the waterway, measured perpendicular
to the waterway from the top of the bank outwards or from the center
line of the waterway where the bank is not defined, consisting of
existing vegetation or vegetation allowed to follow natural succession
is provided.
[b]
Encroachment within the designated special water
resource protection area under [a] above shall only be allowed where
previous development or disturbance has occurred (for example, active
agricultural use, parking area or maintained lawn area). The encroachment
shall only be allowed where applicant demonstrates that the functional
value and overall condition of the special water resource protection
area will be maintained to the maximum extent practicable. In no case
shall the remaining special water resource protection area be reduced
to less than 150 feet as measured perpendicular to the top of bank
of the waterway or center line of the waterway where the bank is undefined.
All encroachments proposed under this subparagraph shall be subject
to review and approval by the Department.
[2]
All stormwater shall be discharged outside of and flow through
the special water resource protection area and shall comply with the
standard for off-site stability in the "Standards For Soil Erosion
and Sediment Control in New Jersey," established under the Soil Erosion
and Sediment Control Act, N.J.S.A. 4:24-39 et seq.
[3]
If stormwater discharged outside of and flowing through the
special water resource protection area cannot comply with the standard
for off-site stability in the "Standards For Soil Erosion and Sediment
Control in New Jersey," established under the Soil Erosion and Sediment
Control Act, N.J.S.A. 4:24-39 et seq., then the stabilization measures
in accordance with the requirements of the above standards may be
placed within the special water resource protection area, provided
that:
[a]
Stabilization measures shall not be placed within
150 feet of the Category One waterway;
[b]
Stormwater associated with discharges allowed by
this section shall achieve a 95% TSS postconstruction removal rate;
[c]
Temperature shall be addressed to ensure no impact
on the receiving waterway;
[d]
The encroachment shall only be allowed where the
applicant demonstrates that the functional value and overall condition
of the special water resource protection area will be maintained to
the maximum extent practicable;
[e]
A conceptual project design meeting shall be held
with the appropriate Department staff and Soil Conservation District
staff to identify necessary stabilization measures; and
[f]
All encroachments proposed under this section shall
be subject to review and approval by the Department.
[4]
A stream corridor protection plan may be developed by a regional stormwater management planning committee as an element of a regional stormwater management plan, or by a municipality through an adopted municipal stormwater management plan. If a stream corridor protection plan for a waterway subject to Subsection D(7)(h) has been approved by the Department of Environmental Protection, then the provisions of the plan shall be the applicable special water resource protection area requirements for that waterway. A stream corridor protection plan for a waterway subject to Subsection D(7)(h) shall maintain or enhance the current functional value and overall condition of the special water resource protection area as defined in Subsection D(7)(h)[1][a] above. In no case shall a stream corridor protection plan allow the reduction of the special water resource protection area to less than 150 feet as measured perpendicular to the waterway subject to this subsection.
[5]
Subsection D(7)(h) does not apply to the construction of one individual single-family dwelling that is not part of a larger development on a lot receiving preliminary or final subdivision approval on or before February 2, 2004, provided that the construction begins on or before February 2, 2009.
E.
Calculation of stormwater runoff and groundwater recharge.
(1)
Stormwater runoff shall be calculated in accordance with the following:
(a)
The design engineer shall calculate runoff using one of the
following methods:
[1]
The USDA Natural Resources Conservation Service (NRCS) methodology,
including the NRCS Runoff Equation and Dimensionless Unit Hydrograph,
as described in the NRCS National Engineering Handbook Section 4 —
Hydrology and Technical Release 55 — Urban Hydrology for Small
Watersheds; or
[2]
The rational method for peak flow and the modified rational
method for hydrograph computations.
(b)
For the purpose of calculating runoff coefficients and groundwater
recharge, there is a presumption that the preconstruction condition
of a site or portion thereof is a wooded land use with good hydrologic
condition. The term "runoff coefficient" applies to both the NRCS
methodology at Subsection E(1)[a][1] and the rational and modified
rational methods at Subsection E(1)[a][2]. A runoff coefficient or
a groundwater recharge land cover for an existing condition may be
used on all or a portion of the site if the design engineer verifies
that the hydrologic condition has existed on the site or portion of
the site for at least five years without interruption prior to the
time of application. If more than one land cover has existed on the
site during the five years immediately prior to the time of application,
the land cover with the lowest runoff potential shall be used for
the computations. In addition, there is the presumption that the site
is in good hydrologic condition (if the land use type is pasture,
lawn, or park), with good cover (if the land use type is woods), or
with good hydrologic condition and conservation treatment (if the
land use type is cultivation).
(c)
In computing preconstruction stormwater runoff, the design engineer
shall account for all significant land features and structures, such
as ponds, wetlands, depressions, hedgerows, or culverts, that may
reduce preconstruction stormwater runoff rates and volumes.
(d)
In computing stormwater runoff from all design storms, the design
engineer shall consider the relative stormwater runoff rates and/or
volumes of pervious and impervious surfaces separately to accurately
compute the rates and volume of stormwater runoff from the site. To
calculate runoff from unconnected impervious cover, urban impervious
area modifications as described in the NRCS Technical Release 55 —
Urban Hydrology for Small Watersheds and other methods may be employed.
(e)
If the invert of the outlet structure of a stormwater management
measure is below the flood hazard design flood elevation as defined
at N.J.A.C. 7:13, the design engineer shall take into account the
effects of tailwater in the design of structural stormwater management
measures.
(2)
Groundwater recharge may be calculated in accordance with the following:
The New Jersey Geological Survey Report GSR-32, A Method for Evaluating
Ground-Water Recharge Areas in New Jersey, incorporated herein by
reference as amended and supplemented. Information regarding the methodology
is available from the New Jersey Stormwater Best Management Practices
Manual: at http://www.state.nj.us/dep/njgs/; or at New Jersey Geological
Survey, 29 Arctic Parkway, P.O. Box 427, Trenton, New Jersey 08625-0427;
(609) 984-6587.
F.
Standards for structural stormwater management measures.
(1)
Standards for structural stormwater management measures are as follows:
(a)
Structural stormwater management measures shall be designed
to take into account the existing site conditions, including, for
example, environmentally critical areas, wetlands; floodprone areas;
slopes; depth to seasonal high water table; soil type, permeability
and texture; drainage area and drainage patterns; and the presence
of solutionprone carbonate rocks (limestone).
(b)
Structural stormwater management measures shall be designed to minimize maintenance, facilitate maintenance and repairs, and ensure proper functioning. Trash racks shall be installed at the intake to the outlet structure as appropriate, and shall have parallel bars with one-inch spacing between the bars to the elevation of the water quality design storm. For elevations higher than the water quality design storm, the parallel bars at the outlet structure shall be spaced no greater than 1/3 the width of the diameter of the orifice or 1/3 the width of the weir, with a minimum spacing between bars of one inch and a maximum spacing between bars of six inches. In addition, the design of trash racks must comply with the requirements of Subsection H(4).
(c)
Structural stormwater management measures shall be designed,
constructed, and installed to be strong, durable, and corrosion resistant.
Measures that are consistent with the relevant portions of the Residential
Site Improvement Standards at N.J.A.C. 5:21-7.3, 7.4, and 7.5 shall
be deemed to meet this requirement.
(d)
At the intake to the outlet from the stormwater management basin,
the orifice size shall be a minimum of 2 1/2 inches in diameter.
(e)
Stormwater management basins shall be designed to meet the minimum
safety standards for stormwater management basins at Section 8.
(2)
Stormwater management measure guidelines are available in the New Jersey Stormwater Best Management Practices Manual. Other stormwater management measures may be utilized provided the design engineer demonstrates that the proposed measure and its design will accomplish the required water quantity, groundwater recharge and water quality design and performance standards established by Subsection D of this section.
G.
Sources for technical guidance.
(1)
Technical guidance for stormwater management measures can be found in the documents listed at Subsection G(1)(a) and (b) below, which are available from Maps and Publications, New Jersey Department of Environmental Protection, 428 East State Street, P.O. Box 420, Trenton, New Jersey, 08625; telephone (609) 777-1038.
(a)
Guidelines for stormwater management measures are contained
in the New Jersey Stormwater Best Management Practices Manual, as
amended. Information is provided on stormwater management measures
such as: bioretention systems, constructed stormwater wetlands, dry
wells, extended detention basins, infiltration structures, manufactured
treatment devices, pervious paving, sand filters, vegetative filter
strips, and wet ponds.
(b)
The New Jersey Department of Environmental Protection Stormwater
Management Facilities Maintenance Manual, as amended.
(2)
Additional technical guidance for stormwater management measures
can be obtained from the following:
(a)
The "Standards for Soil Erosion and Sediment Control in New
Jersey" promulgated by the State Soil Conservation Committee and incorporated
into N.J.A.C. 2:90. Copies of these standards may be obtained by contacting
the State Soil Conservation Committee or any of the Soil Conservation
Districts listed in N.J.A.C. 2:90-1.3(a)3. The location, address,
and telephone number of each Soil Conservation District may be obtained
from the State Soil Conservation Committee, P.O. Box 330, Trenton,
New Jersey 08625; (609) 292-5540;
(b)
The Rutgers Cooperative Extension Service, 732-932-9306; and
(c)
The Soil Conservation Districts listed in N.J.A.C. 2:90-1.3(a)3.
The location, address, and telephone number of each Soil Conservation
District may be obtained from the State Soil Conservation Committee,
P.O. Box 330, Trenton, New Jersey, 08625, (609) 292-5540.
H.
Safety standards for stormwater management basins.
(1)
This section sets forth requirements to protect public safety through the proper design and operation of stormwater management basins. This section applies to any new stormwater management basin. Note: 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 Subsection H(2) for trash racks, overflow grates, and escape provisions at outlet structures.
(2)
Requirements for trash racks, overflow grates and escape provision.
(a)
A trash rack is a device designed to catch trash and debris
and prevent the clogging of outlet structures. Trash racks shall be
installed at the intake to the outlet from the stormwater management
basin to ensure proper functioning of the basin outlets in accordance
with the following:
[1]
The trash rack shall have parallel bars, with no greater than
six-inch spacing between the bars.
[2]
The trash rack shall be designed so as not to adversely affect
the hydraulic performance of the outlet pipe or structure.
[3]
The average velocity of flow through a clean trash rack is not
to exceed 2.5 feet per second under the full range of stage and discharge.
Velocity is to be computed on the basis of the net area of opening
through the rack.
[4]
The trash rack shall be constructed and installed to be rigid,
durable, and corrosion resistant, and shall be designed to withstand
a perpendicular live loading of 300 pounds per square foot.
(b)
An overflow grate is designed to prevent obstruction of the
overflow structure. If an outlet structure has an overflow grate,
such grate shall meet the following requirements:
[1]
The overflow grate shall be secured to the outlet structure
but removable for emergencies and maintenance.
[2]
The overflow grate spacing shall be no less than two inches
across the smallest dimension.
[3]
The overflow grate shall be constructed and installed to be
rigid, durable, and corrosion resistant, and shall be designed to
withstand a perpendicular live loading of 300 pounds per square foot.
(c)
For purposes of this paragraph, escape provisions means the
permanent installation of ladders, steps, rungs, or other features
that provide easily accessible means of egress from stormwater management
basins. Stormwater management basins shall include escape provisions
as follows:
[1]
If a stormwater management basin has an outlet structure, escape provisions shall be incorporated in or on the structure. With the prior approval of the reviewing agency identified in Subsection H(3), a freestanding outlet structure may be exempted from this requirement.
[2]
Safety ledges shall be constructed on the slopes of all new stormwater management basins having a permanent pool of water deeper than 2 1/2 feet. Such safety ledges shall be comprised of two steps. Each step shall be four to six feet in width. One step shall be located approximately 2 1/2 feet below the permanent water surface, and the second step shall be located one to 1 1/2 feet above the permanent water surface. See Subsection H(4) for an illustration of safety ledges in a stormwater management basin.
[3]
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.
(3)
Variance or exemption from safety standards. A variance or exemption
from the safety standards for stormwater management basins may be
granted only upon a written finding by the appropriate reviewing agency
(municipality, county or department) that the variance or exemption
will not constitute a threat to public safety.
(4)
Illustration of safety ledges in a new stormwater management basin.
 |
I.
Requirements for a site development stormwater plan.
(1)
Submission of site development stormwater plan.
(a)
Whenever an applicant seeks municipal approval of a development subject to this section, the applicant shall submit all of the required components of the Checklist for the Site Development Stormwater Plan at Subsection I(3) below as part of the submission of the applicant's application for subdivision or site plan approval.
(b)
The applicant shall demonstrate that the project meets the standards
set forth in this section.
(2)
Site development stormwater plan approval. The applicant's site development
project shall be reviewed as a part of the subdivision or site plan
review process by the municipal board or official from which municipal
approval is sought. That municipal board or official shall consult
the engineer retained by the Planning and/or Zoning Board (as appropriate)
to determine if all of the checklist requirements have been satisfied
and to determine if the project meets the standards set forth in this
section.
(3)
Checklist requirements. The following information shall be required:
(a)
Topographic base map. The reviewing engineer may require upstream
tributary drainage system information as necessary. It is recommended
that the topographic base map of the site be submitted which extends
a minimum of 200 feet beyond the limits of the proposed development,
at a scale of one inch equals 200 feet or greater, showing two-foot
contour intervals. The map, as appropriate, may indicate the following:
existing surface water drainage, shorelines, steep slopes, soils,
erodible soils, perennial or intermittent streams that drain into
or upstream of the Category One waters, wetlands and floodplains along
with their appropriate buffer strips, marshlands and other wetlands,
pervious or vegetative surfaces, existing man-made structures, roads,
bearing and distances of property lines, and significant natural and
man-made features not otherwise shown.
(b)
Environmental site analysis. A written and graphic description
of the natural and man-made features of the site and its environs.
This description should include a discussion of soil conditions, slopes,
wetlands, waterways and vegetation on the site. Particular attention
should be given to unique, unusual, or environmentally sensitive features
and to those that provide particular opportunities or constraints
for development.
(c)
Project description and site plan(s). A map (or maps) at the
scale of the topographical base map indicating the location of existing
and proposed buildings, roads, parking areas, utilities, structural
facilities for stormwater management and sediment control, and other
permanent structures. The map(s) shall also clearly show areas where
alterations occur in the natural terrain and cover, including lawns
and other landscaping, and seasonal high groundwater elevations. A
written description of the site plan and justification of proposed
changes in natural conditions may also be provided.
(d)
Land use planning and source control plan. This plan shall provide a demonstration of how the goals and standards of Subsection I(3)(c) through (f) are being met. The focus of this plan shall be to describe how the site is being developed to meet the objective of controlling groundwater recharge, stormwater quality and stormwater quantity problems at the source by land management and source controls whenever possible.
(e)
Stormwater management facilities map. The following information,
illustrated on a map of the same scale as the topographic base map,
shall be included:
[1]
Total area to be paved or built upon, proposed surface contours,
land area to be occupied by the stormwater management facilities and
the type of vegetation thereon, and details of the proposed plan to
control and dispose of stormwater.
[2]
Details of all stormwater management facility designs, during
and after construction, including discharge provisions, discharge
capacity for each outlet at different levels of detention and emergency
spillway provisions with maximum discharge capacity of each spillway.
(f)
Calculations.
[1]
Comprehensive hydrologic and hydraulic design calculations for the predevelopment and postdevelopment conditions for the design storms specified in Subsection D of this section.
[2]
When the proposed stormwater management control measures (e.g.,
infiltration basins) depend on the hydrologic properties of soils,
then a soils report shall be submitted. The soils report shall be
based on on-site boring logs or soil pit profiles. The number and
location of required soil borings or soil pits shall be determined
based on what is needed to determine the suitability and distribution
of soils present at the location of the control measure.
(g)
Maintenance and repair plan. The design and planning of the stormwater management facility shall meet the maintenance requirements of Subsection J.
(h)
Waiver from submission requirements. The municipal official or board reviewing an application under this section may, in consultation with the Municipal Engineer, waive submission of any of the requirements in Subsection I(3)(c) through (f) of this section when it can be demonstrated that the information requested is impossible to obtain or it would create a hardship on the applicant to obtain, and its absence will not materially affect the review process.
J.
Maintenance and repair.
(2)
General maintenance.
(a)
The design engineer shall prepare a maintenance plan for the
stormwater management measures incorporated into the design of a major
development.
(b)
The maintenance plan shall contain specific preventative maintenance
tasks and schedules; cost estimates, including estimated cost of sediment,
debris, or trash removal: and the name, address, and telephone number
of the person or persons responsible for preventative and corrective
maintenance (including replacement). Maintenance guidelines for stormwater
management measures are available in the New Jersey Stormwater Best
Management Practices Manual. If the maintenance plan identifies a
person other than the developer (for example, a public agency or homeowners'
association) as having the responsibility for maintenance, the plan
shall include documentation of such person's agreement to assume this
responsibility, or of the developer's obligation to dedicate a stormwater
management facility to such person under an applicable ordinance or
regulation.
(c)
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.
(d)
If the person responsible for maintenance identified under Subsection J(2)(b) above is not a public agency, the maintenance plan and any future revisions based on Subsection J(2)(g) below shall be recorded upon the deed of record for each property on which the maintenance described in the maintenance plan must be undertaken.
(e)
Preventative and corrective maintenance shall be performed to
maintain the function of the stormwater management measure, including
repairs or replacement to the structure; removal of sediment, debris,
or trash; restoration of eroded areas; snow and ice removal; fence
repair or replacement; restoration of vegetation; and repair or replacement
of nonvegetated linings.
(f)
The person responsible for maintenance identified under Subsection J(2)(b) above shall maintain a detailed log of all preventative and corrective maintenance for the structural stormwater management measures incorporated into the design of the development, including a record of all inspections and copies of all maintenance-related work orders.
(g)
The person responsible for maintenance identified under Subsection J(2)(b) above shall evaluate the effectiveness of the maintenance plan at least once per year and adjust the plan and the deed as needed.
(h)
The person responsible for maintenance identified under Subsection J(2)(b) above shall retain and make available, upon request by any public entity with administrative, health, environmental, or safety authority over the site, the maintenance plan and the documentation required by Subsection J(2)(f) and (g) above.
(i)
The requirements of Subsection J(2)(c) and (d) do not apply to stormwater management facilities that are dedicated to and accepted by the municipality or another governmental agency.
|
(Note: It may be appropriate to delete the requirements in the
maintenance and repair plan that are not applicable if the ordinance
requires the facility to be dedicated to the municipality. If the
municipality does not want to take this responsibility, the ordinance
should require the posting of a two-year maintenance guarantee in
accordance with N.J.S.A. 40:55D-53. Guidelines for developing a maintenance
and inspection program are provided in the New Jersey Stormwater Best
Management Practices Manual and the NJDEP Ocean County Demonstration
Study, Stormwater Management Facilities Maintenance Manual, dated
June 1989 available from the NJDEP, Watershed Management Program.)
|
(j)
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.
(3)
Nothing in this section shall preclude the municipality in which
the major development is located from requiring the posting of a performance
or maintenance guarantee in accordance with N.J.S.A. 40:55D-53.
K.
Violations and penalties. Any person who erects, constructs, alters,
repairs, converts, maintains, or uses any building, structure or land
in violation of this section shall be subject to a fine of $500 or
imprisonment of not more than 90 days, or to such fine and imprisonment.
Each and every day such violation continues shall be deemed a separate
and distinct violation.
L.
Effective date. This section shall take effect immediately upon the
approval by the county review agency, or 60 days from the receipt
of the ordinance by the county review agency if the county review
agency should fail to act.
In the case of major developments located in the PT District
and in the non-Pinelands Area of the Township, the following requirements
regarding sanitary sewerage shall apply:
A.
Sanitary sewer facilities shall be provided and installed in accordance
with specifications as approved by the Township Engineer. Said sanitary
sewer facilities shall be designed and installed for either immediate
or future connection with a public or on-site community sanitary sewer
system approved by the New Jersey Department of Environmental Protection
and any utilities authority having jurisdiction. In areas where a
public sanitary sewer system does not exist or is not expected to
be provided within a reasonable period of time, in the opinion of
the municipal agency, the agency may waive the requirement that sanitary
sewer facilities be installed for interconnection with a public sewer
system.
B.
In those cases where a public sanitary sewer system is not presently
available and the site of the proposed subdivision is unsuitable for
individual on-site septic systems as determined by the New Jersey
Department of Environmental Protection or other responsible county
or municipal agency, an on-tract community sanitary sewer system and
sewage treatment facility approved by the New Jersey Department of
Environmental Protection and any utilities authority having jurisdiction
shall be installed. Said on-tract treatment system shall be provided
in addition to the required installation of collection systems for
those areas expected to be provided with public sanitary sewers within
a reasonable period of time.
C.
If, at the time of application for development, on-site septic systems
are proposed, such systems shall be subject to review and approval
by the County Health Department and, where applicable, the New Jersey
Department of Environmental Protection. Where feasible, such systems
shall be located in the front yard to facilitate possible future connection
with a public or community sewer system. In cases where a utilities
authority having jurisdiction has definite plans for providing trunk
line capacity to the general area of the development involved within
a period of five years, such plan may be duly adopted as a part of
Buena Vista Township Plan, and a suitable sanitary collection system,
together with the necessary off-tract interconnection with the outlying
trunk sewer, may be required.
In the case of major developments, the following requirements
shall apply:
A.
Except as provided below, a complete water supply system shall be
provided and installed at the line, grade and location approved by
the Township Engineer. Water mains shall be PVC or cast-iron pipe
of diameter approved by the Fire Marshal and the Township Engineer,
for permanent installation in the street concerned. Installation of
water mains, connections, hydrants and valves shall be in accordance
with standard practice and current specifications of the American
Water Works Association. In areas where public water supply does not
exist or is not expected to be provided within a reasonable period
of time, in the opinion of the municipal agency, said agency may waive
the requirements that a water supply system be installed to interconnect
with the public system.
B.
In those cases where a public water supply facility or system is
not presently available and the site of the proposed development is
unsuitable in terms of public health for individual on-site water
supply facilities as determined by the New Jersey Department of Environmental
Protection or other appropriate local agency, an on-site community
water supply system approved by the New Jersey Department of Environmental
Protection and any utilities authority having jurisdiction shall be
installed. Said on-site water supply system shall be provided in addition
to the required installation of water supply facilities for those
areas expected to be provided with public water supply facilities
or systems within a reasonable period of time.
C.
Fire hydrants shall be located as required by the Township Engineer.
Hydrants shall be equipped with two hose nozzles and one steamer nozzle;
size and threads to be in accordance with local fire company requirements.
They shall have provision for a six-inch connection to the main. Valve
opening for the hydrant shall be four inches. Valves should be installed
between all fire hydrants and supply mains. Hydrant cap nuts shall
be one-and-one-half-inch pentagon.
Wherever possible, the developer shall endeavor to preserve
existing trees. Such existing trees, when located in reasonable proximity
to the street line, may substitute for required new street tree planting.
In other cases, the developer shall consult with the Buena Vista Township
Shade Tree Commission, if there is one; or if not, the Atlantic County
Agricultural Extension Service and, on advice of such agency, propose
a street tree planting scheme providing acceptable species of shade
or ornamental trees at least 2 1/2 inches in diameter, measured
three feet above the ground, located in a manner that will result
in a minimum of damage to sidewalks or utilities. The species, size,
spacing and locations shall be as specified by the municipal agency
on the advice of the Township Engineer.
Adequate streetlighting shall be provided along all proposed
new streets of a type and at intervals specified by the Township Engineer.
At a minimum, such lighting shall be installed at any street intersection,
at pedestrian crosswalks and at any private drive providing access
to 10 or more parking spaces. Such lighting shall be installed according
to a plan approved by appropriate Lighting District Commissioners
and be subject to inspection by the Township Engineer.
A.
Street signs and other warning, directional or advisory signs or
pavement markings shall be installed as per the direction of the Township
Engineer. Such signs and other markings shall be of a size, color
and design specified in the current edition of the Manual of Uniform
Traffic Control Devices, published by the Federal Highway Administration,
United States Department of Transportation.
B.
Off-street signs shall not be lighted with flashing light, and any
light or reflecting light used in connection with such a sign shall
not be so located or directed that it may be mistaken for a traffic
signal or warning devices, or shine directly into adjoining, residentially
used buildings or private outdoor areas. All off-street signs, including
traffic directional signs, shall be located on the same property with
the use to which they are related.
C.
In the case of any planned development, the municipal agency may
require that detailed deed restrictions designed to adequately regulate
the location, size, materials and construction of signs throughout
the planned development shall be prepared for filing prior to final
approval of the planned development or any stage thereof.
In addition to any required surface drainage, sanitary sewerage or water supply facilities, the following off-street improvements shall be constructed, or an adequate performance guaranty posted assuring their construction, according to design standards contained in Articles V, VIII, XI and XII of this chapter, prior to the granting of final approval of any major subdivision or site development plan. Any such requirements made in connection with minor subdivisions shall be treated as a condition of final approval with an adequate performance guaranty therefor having been posted.
A.
Off-street parking and loading.
(1)
All required off-street parking and loading areas shall be surfaced
with a compacted base course of material, thickness and grade specified
by the Township Engineer. The thickness of the base course shall be
determined on the basis of expected use.
(2)
All off-street loading areas and all off-street parking areas serving
more than one individual use or providing more than 10 individual
parking spaces shall be surfaced with asphaltic or portland cement
concrete of materials and to thicknesses specified by the Township
Engineer.
(3)
In the case of the parking bays only, an approved type of porous
paving of a type of acceptable to the Township Engineer may be substituted
as the surface course in order to avoid unnecessary surface runoff.
B.
Open space and recreation improvements. Any open space or recreation
improvements required in connection with planned development applications
that are proposed for dedication to the municipality shall be constructed
or installed according to construction and equipment standards promulgated
by the municipality. Such standards shall be developed by the Township
Engineer and approved by the municipal agency. All open space and
recreation improvements shall be subject to the posting of adequate
performance guaranties prior to final development approval.
C.
Topsoil protection. Any topsoil moved or to be moved during the course of construction for any development shall be utilized on site and shall be redistributed so as to provide at least three inches of topsoil cover to all areas of the development not covered by building or paving. All such disturbed areas shall be stabilized by seeding, planting or sodding according to an approved Soil Erosion and Sediment Control Plan approved by the Soil Conservation District. In the event that the site does not contain sufficient amounts of topsoil to provide three inches of cover to all areas of the development, the developer shall supply sufficient amounts to meet this requirement. Where found necessary by the municipal agency, required seeding, sodding, water retention structures, riprapping or other activities necessary to carry out the soil erosion and sedimentation control plan shall be made subject to the posting of adequate performance and maintenance guaranties as specified in Article VII of this chapter.
All required improvements shall be subject to inspection and
approval by the Township Engineer, who shall be notified by the developer
at least 48 hours prior to the start of construction. No underground
installation shall be covered until inspected and approved. Fees to
cover the cost of such inspections shall be as specified elsewhere
in this chapter. The requirement of inspection shall be a condition
of preliminary approval, and payment of required fees and escrow deposits
shall be made prior to the start of any construction and prior to
application for final approval. Standard specifications of Buena Vista
Township, as presently or hereafter adopted, or those set forth elsewhere
herein, shall govern the construction and installation of all required
improvements.
