City of Long Branch, NJ
Monmouth County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Long Branch 3-12-1991 by Ord. No. 3-91. Amendments noted where applicable.]
GENERAL REFERENCES
Fee for certificate as to approval of subdivisions — See Ch. 5, § 5-17A(2).
Land use procedures — See Ch. 69.
Design of buildings — See Ch. 128.
Numbering of buildings — See Ch. 130.
Uniform construction codes — See Ch. 147.
Flood damage prevention — See Ch. 177.
Maps — See Ch. 221.
Redevelopment Plan — See Ch. 269.
Soil removal — See Ch. 290.
Streets and sidewalks — See Ch. 297.
Trees — See Ch. 319.
Zoning — See Ch. 345.
This chapter shall be known and may be cited as the "Land Subdivision Ordinance of the City of Long Branch."
The purpose of this chapter shall be to provide rules, regulations and standards to guide land subdivision in the City of Long Branch in order to promote the public health, safety, convenience and general welfare of the City. It shall be administered to ensure the orderly growth and development, the conservation, protection and proper use of land and adequate provision for circulation, utilities and services.
[Amended 10-27-1998 by Ord. No. 36-98]
The provisions of this chapter shall be administered by the Planning Board in accordance with N.J.S.A. 40:55D-25, 40:55D-37, 40:55D-47 and 40:55D-48, with the supplements thereto.
A. 
Whenever a term is used in this chapter which is defined in the Municipal Land Use Law,[1] such term is intended to have the meaning set forth in the definition of such term found in said statute, unless a contrary intention is clearly expressed from the context of this chapter.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
B. 
As used in this chapter, the following terms shall have the meanings indicated:
DRAINAGE RIGHT-OF-WAY
The lands required for the installation of stormwater sewers or drainage ditches or required along a natural stream or watercourse for preserving the channel and providing for the flow of water therein to safeguard the public against flood damage in accordance with Chapter 1A of Title 58 of the Revised Statutes.
[Amended 10-27-1998 by Ord. No. 36-98]
FINAL PLAT
The final map of all or a portion of the subdivision which is presented to the Planning Board for final approval in accordance with these regulations and which, if approved, shall be filed with the proper county recording officer.
LOT
A parcel or portion of land separated from other parcels or portions by description as on a subdivision or record of survey map or by metes and bounds for purpose of sale, lease or separate use.
MAJOR SUBDIVISION
All subdivisions not classified as minor subdivisions.
MASTER PLAN
The Master Plan of the City as adopted by the Planning Board, including all amendments and supplements duly adopted.
MINOR SUBDIVISIONS
A subdivision of land for the creation of a number of lots, not to exceed three, provided that each subdivision does not involve:
(1) 
A planned development;
(2) 
Any new street;
(3) 
Any property which was formerly part of a tract for which subdivision approval had been granted, provided that such previous subdivision approval was less than three years prior to the present application; or
(4) 
The extension of any off-tract improvement the cost of which is to be prorated pursuant to N.J.S.A. 40:55D-42.
OPEN SPACE/RECREATION
(See Chapter 345, Zoning, §§ 345-11X and 345-18.)
OWNER
Any individual, firm, association, syndicate, copartnership or corporation having sufficient proprietary interest in the land sought to be subdivided to commence and maintain proceedings to subdivide the same under this chapter.
PERFORMANCE GUARANTY
Any security which may be accepted in lieu of a requirement that certain improvements be made before the Planning Board or other approving body approves a plan, including performance bonds, escrow agreements and other similar collateral or surety agreements.
PLAT
The map of a subdivision.
PRELIMINARY PLAT
The preliminary map, indicating the proposed layout of the subdivision, which is submitted to the Secretary of the Planning Board for Planning Board consideration and tentative approval and meeting the requirements of § 300-10.
SITE PLAN
A plan of a lot or subdivision on which is shown topography, location of all buildings, structures, roads, rights-of-way, boundaries, all essential dimensions and bearings and any other information deemed necessary by the Planning Board.
(1) 
Any site plan not determined to be a minor site plan under Subsection (2).
(2) 
Any development plan for one or more lots which is (are) subject to development which:
(a) 
Requires site plan approval;
(b) 
In the opinion of the Board's Site Plan Committee, the submitted project is of such a simplistic nature as to merit consideration as a minor site plan;
(c) 
Meets the requirements set forth in Chapter 345, Zoning, Article IV, Zone District Use Regulations, and contains the information reasonably required in order to make an informed determination as to whether the Board's requirements for approval of a minor site plan have been met; and
(d) 
Meets the following conditions:
[1] 
The construction of drainage facilities is not required either on- or off-site;
[2] 
The proposed development conforms to the performance standards set forth in Chapter 345, Zoning, § 345-48, Environmental standards.
[3] 
The proposed development does not involve planned development;
[4] 
The proposed development will not require the issuance of a Coastal Area Facilities Review Act[2] permit;
[5] 
The proposed development does not involve any new street or the extension of any existing street;
[6] 
The proposed development does not involve the extension or construction of any off-tract improvement;
[7] 
The proposed development, if new construction, requires 10 parking spaces or less; or if a change of use of an existing facility or addition to an existing facility and less than five spaces are required; and
[8] 
The proposed development consists of new construction or an addition, either of which are less than 1,000 square feet. If the proposed development was part of a parcel, tract, lot or portion thereof for which minor site plan approval had been granted within three years prior to the present application, and the total accumulated square footage of the prior minor site plan application or applications equaled 1,000 square feet or more than the present application, it shall be considered a major site plan.
SKETCH PLAT
The sketch map of a subdivision of sufficient accuracy to be used for the purpose of discussion and classification and meeting the requirements of § 300-10.
STREET
Any street, avenue, boulevard, road, lane, parkway, viaduct, alley or other way which is an existing state, county or municipal roadway; or a street or way shown upon a plat heretofore approved pursuant to law or approved by official action; or a street or way on a plat duly filed and recorded in the office of the county recording officer prior to the appointment of a Planning Board and the grant to such Board of the power to review plats. A street shall be deemed to include all the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, sidewalks, parking areas and other areas within the street lines. For the purpose of this chapter, streets shall be classified as follows:
(1) 
Shall be as shown on the Master Plan of the City.
(2) 
Those which connect minor and major streets, provide access to community facilities and are primarily intended for the use of neighborhood traffic. Such streets should be as designated by the Planning Board in reviewing each subdivision application.
(3) 
That which is used primarily for access to abutting land.
(4) 
One which parallels and is contiguous to a major street and is designed to provide access to abutting land.
SUBDIVIDER
Any individual, firm, association, syndicate, copartnership, corporation, trust or any other legal entity commencing proceedings under this chapter to effect a subdivision of land for himself or for another.
(1) 
The division of a lot, tract or parcel of land into two or more lots, tracts, parcels or other divisions of land for sale or development. The following shall not be considered subdivisions within the meaning of this chapter, if no new streets are created:
(a) 
Divisions of land found by the Planning Board or Subdivision Committee thereof appointed by the Chairman to be for agricultural purposes where all resulting parcels are five acres or larger in size.
(b) 
Divisions of property upon court order, including but not limited to judgments or foreclosure.
(c) 
Divisions of property by testamentary or intestate provisions.
(d) 
Divisions of existing lots by deed or other recorded instrument.
(e) 
The conveyance of one or more adjoining lots, tracts or parcels of land, owned by the same person or persons, and all of which are found and certified by the administrative officer to conform to the requirements of the municipal development regulations and are shown and designated as separate lots, tracts or parcels on the Tax Map or atlas of the City.
(2) 
The term "subdivision" shall also include the term "resubdivision."
SUBDIVISION COMMITTEE
A committee of at least three Planning Board members appointed by the Chairman of the Board for the purpose of classifying subdivisions in accordance with the provisions of this chapter and such other duties relating to land subdivision which may be conferred on this Committee by the Board.
[2]
Editor's Note: See N.J.S.A. 13:19-1 et seq.
A. 
Applications for development within the jurisdiction of the Planning Board pursuant to the provisions of c. 291, P.L. 1975,[1] as amended, shall be filed with the Secretary of the Planning Board. The applicant shall file at least 31 days before the date of the monthly meeting of the Board 14 black- or blue-on-white or white-on-blue prints of the plat of the proposed subdivision, together with three completed application forms, for classification and approval by the Subdivision Committee or the Board.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
B. 
At the time of filing the application, but in no event less than 10 days prior to the date set for hearing, the applicant shall also file 14 copies of all plot plans, maps or other papers required by virtue of any provision of this chapter or any rule of the Planning Board. The applicant shall obtain all necessary forms from the Secretary of the Planning Board. The Secretary of the Board shall inform the applicant of the steps to be taken to initiate applications and of the regular meeting dates of the Board.
C. 
No application for development within the jurisdiction of the Planning Board shall be acted upon unless and until it is determined to be completed in every respect, pursuant to N.J.S.A. 40:55D-10.3, including but not limited to necessary supporting data, papers, certificates, plans and fees and all other items set forth on the Long Branch development application checklists dated February 1, 2006, incorporated herein by reference.[2] Any applicant for development shall be given a copy of the aforesaid checklists upon request for a development application. He may seek waiver of any of the aforesaid provisions pursuant to the aforesaid statute.
[Amended 4-11-2006 by Ord. No. 9-06]
[2]
Editor's Note: The application checklist is on file in the City offices.
A. 
Classification of sketch plat. If classified and approved as a minor subdivision by unanimous action of the Subdivision Committee, a notation to that effect will be made on the plat. In the event that the same is not approved by unanimous action of the Subdivision Committee, then it shall be referred to the full Planning Board. In the event that the same is not approved by a majority vote of the Planning Board, then, in that event, the Secretary of the Planning Board shall, within three days of such action, notify the subdivider personally or by certified mail of such disapproval and the reasons therefor.
B. 
Certification of sketch plat. After classification and approval as a minor subdivision by either the Subdivision Committee or the full Planning Board, the Chairman and Secretary of the Planning Board shall certify the classification and approval to the plat, indicating the date upon which the plat was classified and approved as a minor subdivision. Before returning a signed copy to the subdivider, the Secretary of the Planning Board shall forward one copy of such approved plat to the City Clerk. Within one week following the date of classification and approval, the Secretary of the Planning Board shall return one copy of the plat to the subdivider, signed by the Chairman and Secretary of the Planning Board and the City Clerk.
C. 
Distribution of sketch plat. Before returning a signed copy to the subdivider, the Secretary of the Planning Board shall forward one copy of such approved plat to each of the following:
(1) 
City Clerk.
(2) 
City Engineer.
(3) 
Construction Code Official.
(4) 
Tax Assessor.
(5) 
County Planning Board.
D. 
Filing of sketch plat. Either a deed description or a plat map drawn in compliance with N.J.S.A. 46:23-9.9 shall be filed by the subdivider with the county recording officer within 90 days from the date of the return of the approved sketch plat.
[Amended 10-27-1998 by Ord. No. 36-98]
E. 
Time.
(1) 
Minor subdivision approvals shall be granted or denied within 45 days of the date of submission of a complete application to the Planning Board or within such further time as may be consented to by the applicant. Approval of a minor subdivision shall expire 190 days from the date of Planning Board approval unless within such period a plat in conformity with such approval and the provisions of the Map Filing Law,[1] or a deed clearly describing the approved minor subdivision, is filed by the developer with the county recording officer, the City Engineer, the Construction Code Official and the City Tax Assessor. Any such plat or deed must be signed by the Chairman and Secretary of the Planning Board before it will be accepted for filing by the county recording officer.
[1]
Editor's Note: See N.J.S.A. 46:23-9.9 et seq.
(2) 
Failure of the Planning Board to act within the period prescribed shall constitute minor subdivision approval, and a certificate of the administrative officer as to the failure of the Planning Board to act shall be issued on request of the applicant; and it shall be sufficient in lieu of the written endorsement or other evidence of approval, herein required, and shall be so accepted by the county recording officer for purposes of filing subdivision plats.
F. 
Bond and fees. Prior to the final approval of the application, the subdivider, where required, shall post with the City Clerk a performance guaranty as required by § 300-11 and shall post with the Director of Finance a fee for engineering inspections equal to 7% of the estimated cost of the improvements, as determined by the City Engineer. This fee shall be in addition to the amount of the performance guaranty and all application fees. Upon completion of the development and all inspections, and at the request of the developer, the developer shall receive an accounting of the expended funds, and any unspent funds shall be returned to the subdivider with the exception of an amount not to exceed 1% of the cost of the required improvements, which shall be held and used for inspection during any applicable maintenance period of said improvements. Any of these funds remaining at the time of release of the maintenance bond shall be returned to the developer. Should the initial deposit be insufficient to cover inspection costs, the developer shall deposit additional sums upon notice from the Director of Finance. Each additional deposit shall be in amounts not to exceed 50% of the initial deposit. The City Clerk and Finance Director shall provide the developer with a certificate indicating compliance with the requirements for submission to the Planning Board for attachment to the application.
A. 
Classification of sketch plat. Any owner or subdivider of land within the City may, prior to subdividing or resubdividing land, as defined in this chapter, submit to the Secretary of the Planning Board, 14 black- or blue-on-white or white-on-blue prints of the sketch plat of the proposed subdivision for purposes of classification, and if the plat is classified as a major subdivision, a notation to that effect shall be made on the plat, which will be returned to the subdivider for compliance with the procedure in Subsection B below.
B. 
Submission of preliminary plat of major subdivision for preliminary approval.
(1) 
At least 14 black- or blue-on-white prints or white-on-blue prints of the preliminary plat, together with three completed application forms for approval of the preliminary plat, shall be submitted to the Secretary of the Planning Board at least 31 days prior to a regular meeting of the Planning Board. The application shall be accompanied by a letter, in triplicate, on a form prescribed by the Attorney, saving the City and its officers and engineer harmless for any loss due to damages resulting from the grading, drainage or development of the property.
(2) 
At the first meeting following the filing of a complete application, the Planning Board shall set the time and place for a public hearing on the application. The subdivider shall notify all property owners within 200 feet of the extreme limits of the subdivision(s) as in Chapter 69, Land Use Procedures, § 69-31, Notice requirements for hearing, in such manner as required by N.J.S.A. 40:55D-12.
(3) 
Copies of the preliminary plat shall be forwarded by the Secretary of the Planning Board to the following persons, upon receipt of the same. They shall report, in writing, to the Planning Board any comments they have within 21 days of receipt of such plans:
(a) 
Secretary of County Planning Board.
(b) 
City Engineer.
(c) 
Secretary of Board of Health.
(d) 
City Clerk and such other municipal, county or state officials as directed by the Planning Board.
(e) 
Tax Assessor.
(f) 
Construction Code Official.
(g) 
Long Branch Sewerage Authority.
(h) 
Long Branch Traffic Safety Officer.
(i) 
Long Branch Fire Department.
(4) 
Upon submission of a complete application for subdivision of 10 or fewer lots, the Planning Board shall grant or deny preliminary approval within 45 days of the date of such submission or within such further time as may be consented to by the developer. Upon submission of a complete application for a subdivision of more than 10 lots, the Planning Board shall grant or deny preliminary approval within 95 days of the date of such submission or within such further time as may be consented to by the developer. Otherwise, the Planning Board shall be deemed to have granted preliminary approval for the subdivision. In no case shall the Planning Board act before the expiration of the twenty-day period within which the County Planning Board may submit a report on the subdivision. In all cases the recommendations of the County Board shall be given careful consideration in the final decision of the local Planning Board. If the County Planning Board has approval of the local authority pursuant to N.J.S.A. 40:55D-37, its action shall be noted on the plat and returned with the plat, and if disapproved, two copies of the reasons for disapproval shall be returned with the plat. If either the Planning Board or the County Planning Board disapproves a plat, the person submitting the plat shall be notified, including a statement of the reasons for disapproval, within 10 days of the action of the Planning Board. If the approval is required by any other officer or public body, the same procedure as applied to submission and approval by the County Planning Board shall apply.
[Amended 10-27-1998 by Ord. No. 36-98]
(5) 
If the Planning Board acts favorably on a preliminary plat, a notation to that effect, signed by the Chairman and Secretary of the Planning Board, shall be made on the plat, and the plat shall be returned to the subdivider for compliance with final approval requirements.
(6) 
Preliminary approval shall confer on the applicant the following rights for a three-year period from the date of approval:
(a) 
That the general terms and conditions upon which the preliminary approval was granted will not be changed.
(b) 
That the applicant may submit on or before the expiration date the whole or part or parts of the plat for final approval.
(7) 
After the preliminary approval of the applications, the subdivider shall post with the City Clerk a performance guaranty as required by § 300-11 and shall post with the Director of Finance a fee for engineering inspection equal to 5% of the estimated cost of the improvements, as determined by the City Engineer. This fee shall be in addition to the amount of the performance guaranty and all application fees. Upon completion of the development and all inspections, and at the request of the developer, the developer shall receive an accounting of the expended funds, and any unspent funds shall be returned to the developer. Should the initial deposit be insufficient to cover inspection costs, the developer shall deposit additional sums upon notice from the Director of Finance. Each additional deposit shall be in amounts not to exceed 50% of the initial deposit. The City Clerk and Finance Director shall provide the subdivider with a certificate indicating compliance with the requirements for submission to the Planning Board for attachment to the application.
(8) 
Open space/recreation. (See Chapter 345, Zoning, §§ 345-11X and 345-18.)
A. 
The final plat shall be submitted to the Secretary of the Planning Board for final approval within three years from the date of preliminary approval, and the Planning Board shall act upon the final plat within 45 days after the date of submission of a complete application for final approval to the Secretary of the Planning Board, or within such further time as the applying party may agree to.
B. 
The original tracing, on translucent cloth copy, two cloth prints, 14 black- or blue-on-white prints or white-on-blue prints and three copies of the application for final approval shall be submitted to the Secretary of the Planning Board at least 31 days prior to the date of a Board meeting.
C. 
The final plat shall be accompanied by a statement by the City Engineer that he is in receipt of a map showing all required improvements in exact location and elevation, identifying those portions already installed and those to be installed. The City Engineer shall subsequently provide the Planning Board with an estimate of the total cost of said improvements.
D. 
All plats which require County Planning Board approval pursuant to N.J.S.A. 40:55D-37 shall be forwarded to the County Planning Board for its action prior to final approval by the Planning Board.
[Amended 10-27-1998 by Ord. No. 36-98]
E. 
If the Planning Board approves the final plat, such approval shall be noted on each plat, and the Chairman and Secretary of the Planning Board shall affix their signatures thereto.
F. 
Failure of the Planning Board to act within the allotted time or a mutually agreed upon extension shall be deemed to be favorable approval, and the Secretary of the Planning Board shall issue a certificate to that effect.
G. 
Appeals. (See Chapter 69, Land Use Procedures, § 69-36B).
[Amended 10-27-1998 by Ord. No. 36-98]
H. 
Upon final approval, copies of the final plat shall be filed by the Planning Board with the following:
(1) 
City Clerk.
(2) 
City Engineer.
(3) 
Construction Code Official.
(4) 
Tax Assessor.
(5) 
County Planning Board.
(6) 
Official issuing certificates for approved lots.
Final approval of a major subdivision shall expire 95 days from the date of signing of any plat unless within such period the final plat shall have been duly filed by the developer with the county recording officer. The Planning Board may, for good cause shown, extend the period for recording for an additional period not to exceed 190 days from the date of signing of the plat. No plat shall be accepted for filing by the county recording officer unless it has been duly approved by the City Planning Board and signed by the Chairman.
A. 
Sketch plat. A sketch plat shall be clearly and legibly drawn at a scale of not less than 100 feet to the inch and shall show or include the following information:
(1) 
A key map showing the location of the tract being subdivided in relation to the City street system.
(2) 
The present property lines of the entire tract being subdivided.
(3) 
All existing and proposed property lines, both within and immediately adjoining the tract.
(4) 
All buildings or structures and wooded areas within the limits of the area to be subdivided and on adjacent properties within 200 feet of all boundaries of the subject site.
(5) 
Sufficient elevations or contours to enable the Planning Board to determine the natural slope and drainage of the land, but in no case more than a five-foot contour interval.
(6) 
The right-of-way width on all streets adjoining the premises.
(7) 
The name of the owner and all property owners within 200 feet of the tract as disclosed by the most recent municipal tax records.
(8) 
The tax map sheet, block and lot numbers.
B. 
Preliminary plat. The preliminary plat shall be clearly and legibly drawn or reproduced at a scale of not less than one inch equals 100 feet. Preliminary plats shall be designed and drawn by a licensed professional engineer or a licensed professional planner. The plat shall be designed in compliance with the provisions of § 300-14 and shall show or be accompanied by the following information:
(1) 
A key map showing the entire subdivision and its relation to surrounding areas.
(2) 
The tract name, tax map sheet, block and lot number, date, reference meridian, graphic scale and the following names and addresses:
(a) 
Name and address of the record owner or owners.
(b) 
Name and address of the subdivider.
(c) 
Name and address of the person who prepared the map.
(3) 
Acreage of the tract being subdivided to the nearest 1/10 of an acre.
(4) 
Sufficient elevations or contours to determine the general slope and natural drainage of the land, and the high and low points and tentative cross-sections and center line profiles showing existing surface and proposed finished grades for all proposed new streets. All elevations shown shall be related to the United States Coast and Geodetic survey datum.
(5) 
The location of existing and proposed property lines, streets, easements, building lines, watercourses, railroads, bridges, culverts, drainpipes and any natural features, such as wooded areas and rock formations.
(6) 
Detailed plans and profiles of proposed utility layouts (sewers, storm drains, water, gas and electricity), showing feasible connections to existing or any proposed utility systems. When an individual water supply and/or sewage disposal system is proposed, the plan of such system must be approved by the appropriate local, county or state health agency. Any subdivision or part thereof which does not meet with the established requirements of this chapter or other applicable regulations shall not be approved. Any remedy proposed to overcome such a situation shall first be approved by the appropriate local, county or state health agency.
(7) 
A copy of any protective covenants or deed restrictions applying to the land being subdivided shall be submitted with the preliminary plat.
(8) 
All buildings and structures and wooded areas within the limits of the area to be subdivided and on adjacent properties within 200 feet of all boundaries of the subject site.
C. 
Final plat. The final plat shall be drawn in ink on tracing cloth at a scale of not less than one inch equals 100 feet and in compliance with all the provisions of N.J.S.A. 46:23-9.9. The final plat shall show or be accompanied by the following:
[Amended 10-27-1998 by Ord. No. 36-98]
(1) 
Date, name and location of the subdivision, name of owner, graphic scale and reference meridian.
(2) 
Tract boundary lines and right-of-way lines of streets, street names, easements and other right-of-way land to be reserved or dedicated to public use and all lot lines and other site lines, with accurate dimensions, bearings or deflection angles and radii, arcs and central angles of all curves.
(3) 
The purpose of any easement or land reserved or dedicated to public use shall be designated, and the proposed use of sites other than residential shall be noted.
(4) 
Each block and the lots within each block shall be numbered consecutively in a manner stipulated by the City Engineer.
(5) 
Minimum building setback line on all lots and other sites.
(6) 
Location and description of all monuments.
(7) 
Names of owners of adjoining unsubdivided land.
(8) 
Certification by an engineer or surveyor as to the accuracy of the details of the plat.
(9) 
Certification that the applicant is agent or owner of the land or that the owner has given consent under an option agreement.
(10) 
When approval of a plat is required by any officer or body of any other municipality, county or state, such approval shall be certified in writing on the plat.
(11) 
Certification from the Tax Collector that all taxes are paid to-date.
(12) 
Existing and proposed contours at five-foot intervals for slopes averaging 10% or greater and at two-foot intervals for land of lesser slope, with appropriate notation distinguishing between them.
(13) 
Plans and profiles of storm and sanitary sewers and water mains.
(14) 
All buildings or structures and wooded areas within the limits of the area to be subdivided and on adjacent properties within 200 feet of all boundaries of the subject site.
Prior to the granting of final approval, the subdivider shall have furnished performance guaranties for the ultimate installation of the following improvements. All of the listed improvements shall be subject to inspection and approval by the City Engineer, who shall be notified by the developer at least five days prior to the start of construction. No underground installation shall be covered until approved and inspected by the City Engineer.
A. 
Topsoil protection. Topsoil moved during the course of construction shall be redistributed as to provide at least six inches of cover to all areas of the subdivision and shall be stabilized by seeding or planting and shall be governed by the ordinance of the City relative thereto.
B. 
Monuments. Monuments are to be of the size and shape required by N.J.S.A. 46:23-9.9, and shall be placed in accordance with said statute.
[Amended 10-27-1998 by Ord. No. 36-98]
C. 
Sewers. Sanitary sewers designed in accordance with the regulations of the Sewage Authority shall be installed in a manner adequate to handle all present and probable future development.
D. 
Sidewalks. All streets shall be provided with concrete sidewalks at least four feet in width and four inches in thickness, except at driveways, where the sidewalk shall be at least six inches in thickness. Where a subdivision adjoins an existing street on one side only, the sidewalk shall be constructed only on that side. Where existing sidewalks are in disrepair, the applicant shall be required to repair, reconstruct or replace the same as directed by the boards.
E. 
Curbs. Curbs shall be constructed on both sides of all streets, shall be not less than 18 inches deep and six inches in width at the top and eight inches in width at the bottom and shall be constructed of a minimum concrete mixture of one part cement, two parts washed sand and three parts washed gravel, or other suitable aggregate. The concrete shall have a compressive strength of 3,000 pounds per square inch after 28 days. The minimum length of blocks shall be 10 feet, with a preformed bituminous expansion joint filler 1/2 inch thick installed every 40 feet. The finish shall be a float finish with corners rounded. Where existing curbs are in disrepair, the applicant shall be required to repair, reconstruct or replace the same as directed by the boards.
F. 
Streets. All streets shall be improved with a two-and-one-half-inch two-course-type S.M. bituminous concrete pavement in accordance with current New Jersey State Highway Department specifications on a five-and-one-half-inch thick, two-and-one-half-inch size broken stone base. Where subbase conditions of the proposed street are wet, springy or of such a nature in the opinion of the City Engineer that paving would be inadvisable without first treating the subbase, the subbase shall be prepared by the installation of suitable subsurface drainage or other means as may be required to meet the special condition. The method employed to stabilize the base must be approved by the City Engineer.
G. 
(Reserved)[1]
[1]
Editor's Note: Former Subsection G, Drainage, was deleted 9-25-2007 by Ord. No. 36-07 and subsequently deleted 1-22-2008 by Ord. No. 2-08. See now Art. II, Stormwater Management, of this chapter.
H. 
Water mains. All streets shall have water mains not less than six inches in diameter installed therein for the entire length thereof if the subdivision is located within the area served by a water company unless the requirements hereof are expressly waived in whole or in part by the Planning Board.
I. 
Street signs. At each street intersection there shall be erected or constructed a street sign of a size and type prescribed by the City Council.
J. 
Trees. Shade trees shall be planted in every subdivision at intervals of 40 feet and along both sides of all streets. All trees shall be located at a point four feet inward of the property line. The trunk diameter of all trees shall be at least two inches with a height of six feet above the finished ground level.
K. 
Open space/recreation. (See Chapter 345, Zoning, §§ 345-11X and 345-18.)
A. 
No final plat shall be approved by the Planning Board until the subdivider shall have filed with the City Clerk the cost of all such improvements or uncompleted portions thereof as estimated by the City Engineer and assuring the installation of such uncompleted improvements on or before an agreed date. The performance guaranty may be in the form of a performance bond, which shall be issued by a bonding or surety company approved by the City Council; a certified check, returnable to the subdivider after full compliance; or any other type of surety approved by the City Attorney, insofar as a minimum of 10% of the sum of the total performance guaranty shall be in cash or certified check, All such guaranties shall run to and be in favor of the City.
B. 
In addition, the subdivider shall post with the Director of Finance a fee for engineering inspections equal to 7% of the estimated costs of the improvements, as determined by the City Engineer. This fee shall be in addition to the amount of the performance guaranty and all application fees. Upon completion of the development and all inspections, and at the request of the developer, the developer shall receive an accounting of the expended funds, and any unspent funds shall be returned to the developer with the exception of an amount not to exceed 1% of the cost of the required improvements, which shall be held and used for inspection during any applicable maintenance period of said improvements. Any of these funds remaining at the time of release of the maintenance bond shall be returned to the developer. Should the initial deposit be insufficient to cover inspection costs, the developer shall deposit additional sums upon notice from the Director of Finance. Each additional deposit shall be in amounts not to exceed 50% of the initial deposit. The City Clerk and Finance Director shall provide the developer with a certificate indicating compliance with the requirements for submission to the Planning Board for attachment to the application.
C. 
The performance guaranty shall be approved by the City Attorney as to form, sufficiency and execution. The performance guaranty shall run for a period to be fixed by the Planning Board, but in no case for a term more than three years.
D. 
The time allowed for installation of the improvements for which the performance guaranty has been provided may be extended by the governing body by resolution, but such additional period shall not exceed three years. As a condition or as part of any such extension, the amount of any such extension or the amount of any performance guaranty shall be increased or reduced, as the case may be, to an amount not to exceed 120% of the cost of installation as determined as of the time of the passage of the resolution.
E. 
A developer, wishing to reduce the amount of performance guaranty after portions of the required improvements have been installed, shall make application by letter to the Planning Board. The Planning Board shall direct the City Engineer to inspect the applicant's improvements. If the Planning Board decides to recommend a release of all or part of the performance guaranty, it shall advise the City Council and the Mayor of its decision. The City Council may instruct the City Treasurer by resolution to release all or part of the performance guaranty.
F. 
If the required improvements have not been installed in accordance with the performance guaranty, the obligor and surety shall be liable to the City for the reasonable cost of the improvements not installed, and upon receipt of the proceeds thereof, the City shall install such improvements.
G. 
A maintenance bond shall be furnished by the subdivider upon acceptance of the streets and public improvements by the City. The maintenance bond, which shall be issued by a bonding or surety company approved by the Council, shall be in an amount not to exceed 15% of the original estimated cost of construction of the required improvements and shall run to and be in favor of the City for a period not to exceed two years after final acceptance of the improvements. The bond shall be approved by the City Attorney as to form, sufficiency and execution.
H. 
Custody of documents and moneys.
(1) 
The City Clerk shall hold the instrument of performance guaranty. Duplicate copies of that instrument shall be held by the Planning Board, Treasurer and Division of City Planning.
(2) 
The comptroller shall hold all of the cash portions of performance guaranties and deposit them in interest-bearing accounts.
I. 
Upon substantial completion of all required appurtenant utility improvements and the connection of the same to the public system, the obligor may notify the governing body, in writing, by certified mail addressed in care of the Municipal Clerk, of the completion or substantial completion of improvements of which such notice has been given and shall file a detailed report, in writing, with the governing body, indicating their approval, partial approval or rejection of such improvements as approved or rejected shall be set forth.
J. 
The governing body shall either approve, partially approve or reject the improvements on the basis of the report of the Municipal Engineer and shall notify the obligor, in writing, by certified mail, of the contents of such report and the action of the approving authority with relation thereto not later than 65 days after receipt of the notice from the obligor of the completion of improvements. Where partial approval is granted, the obligor shall be released from all liability pursuant to its performance guaranty, except for that portion adequately sufficient to secure provision of the improvements not yet approved, provided that 30% of the amount of the performance guaranty posted may be retained to ensure completion of all improvements. Failure of the governing body to send or provide such notification to the obligor within 65 days shall be deemed to constitute approval of the improvements, and the obligor and surety, if any, shall be released from all liability pursuant to such performance guaranty for such improvements.
K. 
If any portion of the required improvements is rejected, the approving authority may require the obligor to complete such improvements, and, upon completion, the same procedure of notification, as set forth in this section shall be followed.
L. 
Nothing herein, however, shall be construed to limit the right of the obligor to contest by legal proceedings any determination of the governing body or the Municipal Engineer.
M. 
The obligor shall reimburse the municipality for all reasonable fees paid to the Municipal Engineer for the foregoing inspection improvements, provided that the municipality shall require of the developer a deposit for all of the reasonably anticipated fees to be paid to the Municipal Engineer for such inspection.
N. 
In the event that the inspection fees required to be posted pursuant to the provisions set forth herein are not sufficient to cover the reasonable inspection fees paid to the City Engineer for the foregoing inspection of improvements, the developer shall be required to deposit additional funds with the Finance Director to cover the fees paid to the City Engineer for such inspection.
O. 
This section shall comply with the provisions of N.J.S.A. 40:55D-53, as amended, and any portion of this section that is inconsistent with N.J.S.A. 40:55D-23, as amended, be and in the same is hereby revoked.
[Added 4-24-2018 by Ord. No. 4-18]
Before final approval of an application, the approving authority may require the pavement of the developer's pro rata share of the following off-site and off-tract improvements: street improvements, water system, sewerage, drainage facilities and easements therefor.
A. 
Essential off-site and off-tract improvements may be required to be installed or a performance guaranty furnished in lieu thereof, with the total cost borne by the developer.
(1) 
Where a development has no direct access to an improved street or public or private central water supply or central sanitary sewer and does not qualify for individual sewage disposal systems, the approving authority may nevertheless grant final approval if the developer shall acquire and improve such street between the development and an existing improved street and, in the case of water/sewer system(s), if the developer shall acquire and improve such water and sanitary sewer connections between the development and existing facilities.
(2) 
Where a development creates a demand for water supply and/or sewerage treatment beyond the capacity of the present facilities and causes the need for a new or expanded well, pump or storage tank for water supply and/or a new or expanded sewage treatment plant and ancillary equipment, the approving authority may nevertheless grant final plat approval if the developer shall acquire land for, improve and dedicate such water and sewer facilities, all as approved by the approving authority, governing body and serving utility company. Where such new or expanded facilities will have a capacity beyond the needs of the development, the cost to the developer shall be determined in accordance with Subsection B below.
(3) 
Where drainage waters are diverted from the development into other drainage systems or onto other lands or streets and they are not adequate to accommodate the additional waters, the approving authority may grant final approval if the developer shall acquire, improve and dedicate to the City such enlarged, additional or new drainage facilities.
(4) 
In lieu of the developer's performing such off-site and off-tract work, the developer may request and the governing body may enter into an agreement for such work to be performed by the City or its contractors at the cost of the developer.
(5) 
Where the approving authority determines that off-site and off-tract improvements are essential to the development and the developer does not consent to the improvements, the application shall be denied, without prejudice, to a future application at such time as the conditions no longer apply.
B. 
Advisable off-site and off-tract improvements. Where the approving authority finds that off-site and off-tract improvements would be advisable, although not essential, and the improvements would promote the objectives of this section and can be most appropriately accomplished in connection with the development and particularly where the off-site and off-tract improvements could be required to be made as a local improvement by the City, with the cost thereof to be assessed against all properties specifically benefited thereby, including the property of the developer, the following provisions shall apply:
(1) 
During the processing of the application the approving authority shall refer its recommendations for off-site and off-tract improvements to the governing body.
(2) 
If the governing body concurs, the City Engineer or other authority retained by the City shall determine the nature of the off-site and off-tract improvements, including the needs created by the applicant's proposed development and the then existing needs in the area, notwithstanding any work of the applicant.
(3) 
The City Engineer or other authority shall estimate the costs of such work, including costs to be assigned to the developer and those to be assessed to others, including a possible local improvement ordinance, and including costs for construction, engineering, any easements or right-of-way acquisition, legal work, advertising contingencies, bonding and assessments.
(4) 
The Planning Board shall then proceed in the following manner:
(a) 
Based on the information received from the City Engineer, the Planning Board shall determine the anticipated amount that the lands of the applicants would be expected to be assessed.
(b) 
The amount determined by the Planning Board shall then be deposited by the applicant with the City Finance Director prior to final approval.
(c) 
Such a deposit shall be made concurrent with an agreement between the applicant and the City concerning the uses of the deposit, which shall include the following stipulations: that said funds shall be used by the City solely for the expenses of such off-site and off-tract improvements; that such deposit may be appropriated by the City, with other funds of the City, and may be commingled with other appropriated funds and expended by the City in connection with such purposes; that, if such deposit is not used by the City within a specified time agreed upon by the applicant, said funds shall be distributed in accordance with the terms of said agreement; that, upon completion of the work by the City or its contractors, the properties specially benefited by such improvement shall be assessed as provided by law, including the property of the applicant; that the applicant's deposit shall be credited against the assessment made upon the applicant's property, whether or not the applicant is then the owner thereof; and that, if such deposit was less than the amount ultimately assessed against such property, then the owner(s) of said property shall pay the difference between the deposit and such assessment; or, if the deposit exceeded the amount assessed, the excess shall be refunded to the applicant, without interest.
(d) 
Where said off-site and off-tract improvements are found by the approving authority to be advisable and important to the sound development of the site, but the developer is unwilling to make such deposit as specified above, then there shall be no final approval. However, final approval may be granted if the funds are deposited under protest pursuant to N.J.S.A. 40:55D-42.
The subdivider shall observe the following requirements and principles of land subdivision in the design of each subdivision or portion thereof:
A. 
General. The subdivision plat shall conform to design standards that will encourage sound development patterns within the City. The subdivision shall conform to all proposals and conditions shown on the Master Plan of the City. The streets, drainage rights-of-way, school sites, public parks and playgrounds shown on the Master Plan shall be considered in approval of subdivision plats. Where specific proposals are not included in the Master Plan, all streets and drainage rights-of-way shall be on the final plat in accordance with N.J.S.A. 40:55D-38 through 40:55D-41 and 40:55D-44 and will be of such design as will, in the opinion of the Planning Board, lend themselves to the harmonious development of the City and enhance the public welfare in accordance with the following design standards.
[Amended 10-27-1998 by Ord. No. 36-98]
B. 
Streets. The arrangement of streets not shown on the Master Plan shall be as determined by the Planning Board to meet the following criteria:
(1) 
Where appropriate, existing streets abutting the subdivision shall be extended and incorporated into the design of the tract.
(2) 
Minor and marginal access streets shall be designed as to discourage through traffic.
C. 
Required widths.
(1) 
Right-of-way widths (shall be measured from lot line to lot line), graded widths and paving widths shall be not less than the following unless otherwise indicated on the Master Plan:
Type of Street
Right-of-Way
Width
(feet)
Cartway
Width
(feet)
Grading
Width
Major highway
Standards of the State Highway Department
Major
80
56
full
Collector
60
36
full
Minor
To residences
50
30
full
To all other uses
60
36
full
Marginal access
40
24
full
(2) 
The widths of internal streets in a multifamily, business or industrial development designed as a whole in accordance with a comprehensive site plan shall be determined by the Planning Board in each case in light of the circumstances in the particular situation and with a view to assuring the maximum safety and convenience of access for traffic and firefighting equipment, circulation and parking, including provisions for the loading and unloading of goods.
D. 
No subdivision showing reserve strips controlling access to streets shall be approved except where the control and disposal of land comprising such strips has been placed in the Council under conditions approved by the Planning Board.
E. 
Subdivisions that adjoin or include existing streets that do not conform to width as shown on the Master Plan or the street width requirements of this chapter shall dedicate sufficient additional width along either one or both sides of the road to comply with such requirements.
F. 
The longitudinal grade of proposed streets shall not be less than 0.5% and shall not exceed 4% in the case of major and collector streets and 10% in all other cases. All streets shall have a crown of not less than six inches.
G. 
Street intersections shall be as nearly at right angles as is possible and in no case shall be less than 60°. The block corners at intersections shall be rounded at the curbline with a curve having a radius of not less than 20 feet.
H. 
Street jogs with center line offsets of less than 125 feet shall be prohibited.
I. 
When connecting street lines deflect from each other at any point by more than 10° and not more than 45°, they shall be connected by a curve with the radius of the street line of not less than 100 feet for minor streets and 300 feet for arterial and collector streets. Any horizontal curve or change in direction of a minor street from 45° to 180°, other than an intersection, shall have a minimum radius of the street line of 150 feet. Collector and arterial streets in this case shall have a minimum radius of 300 feet.
J. 
All changes in grade shall be connected by vertical curves of sufficient radius to provide a smooth transition and proper sight distance.
K. 
Dead-end streets (culs-de-sac) shall not be longer than 600 feet and shall provide a turnaround at the end with a radius of not less than 50 feet on the property line and a minimum of a thirty-six-foot cartway radius and tangent whenever possible to the right side of the street. If a dead-end street is of a temporary nature, a similar turnaround shall be provided and provisions made of future extension of the street and reversion of the excess right-of-way to the adjoining properties.
L. 
No street shall have a name which will duplicate or so nearly duplicate as to be confused with the names of existing streets. The continuation of an existing street shall have the same name.
A. 
Block length and width or acreage within bounding roads shall be such as to accommodate the size of the lot required in the area by Chapter 345, Zoning and to provide for convenient access, circulation control and safety of street traffic.
B. 
In blocks over 1,000 feet long, pedestrian crosswalks may be required in locations deemed necessary by the Planning Board. Such walkways shall be 10 feet wide and be straight from street to street.
C. 
For commercial group housing or industrial use, block size shall be sufficient to meet all area and yard requirements for such use.
A. 
Lot dimensions and area shall not be less than the requirements of Chapter 345, Zoning.
B. 
Insofar as is practical, side lot lines shall be at right angles to straight streets and radial to curved streets.
C. 
Each lot must front on an approved street which meets the requirements of this chapter.
D. 
Where extra width has been dedicated for widening of existing streets, lots shall begin at such extra width line, and all setbacks shall be measured from such line.
E. 
Where there is a question as to the suitability of a lot or lots for their intended use due to factors such as rock formation, flood conditions or similar circumstances, the Planning Board may, after adequate investigation, withhold approval of such lots.
A. 
Where appropriate, easements along rear property lines or elsewhere for utility installation may be required; such easements shall be of a width deemed appropriate by the City Engineer and located in consultation with the companies and/or municipal departments concerned.
B. 
Where a subdivision is traversed by a watercourse, drainageway channel or stream, there shall be provided a stormwater easement or drainage right-of-way conforming substantially with the lines of such watercourse, and such width or construction, or both, as will be adequate for the purpose as determined by the Planning Board.
C. 
Natural features, such as trees, brooks, hilltops and views, shall be preserved whenever possible in designing any subdivision containing such features.
The applicant, in addition to the requirements of § 300-11G, shall observe the following requirements and principles when designing the drainage facilities for the proposed subdivision:
A. 
General. All areas of the City of Long Branch shall be classified into three drainage categories as shown on the attached map incorporated herein:[2] Coastal Areas, Ocean Boulevard Areas and Upland Areas. The following guidelines shall apply to all of the foregoing categories:
(1) 
Evaluation of downstream system. A physical evaluation of the condition of existing systems shall be provided by the subdivider for a distance of at least 300 feet downstream. The evaluation shall include, as a minimum: size, evaluations, siltation and structural conditions of the downstream area and systems.
(2) 
Compliance with Phase I, Master Drainage Plan of the City of Long Branch. All applicants will be required to comply with the requirements of Phase I of the Master Drainage Plan of the City of Long Branch, dated February 1985, prepared by T & M Associates, City Engineers.[3]
[3]
Editor's Note: The complete copy of Phase I of the Master Drainage Plan can be found on file in the office of the City Clerk.
(3) 
Detention requirements. All basins shall be designed for a twenty-five-year storm capacity and be able to maintain existing flows for the two-, five- and ten-year storms. Basins shall be designed using the Modified Rationale for sites 15 acres or less and TR 55 for those over 15 acres. Existing conditions will be calculated assuming the site is unpaved. Emergency overflows shall be provided. The site grading shall be such that the site floods before the public road system.
(4) 
The one-hundred-year flood elevation must be established on the subdivision map submitted.
(5) 
The applicant shall, to the extent practical, minimize impervious areas and use porous pavement and porous landscaping.
(6) 
Major trunk lines shall be designed for at least a fifty-year storm.
[2]
Editor's Note: The drainage map referred to herein is available at the Zoning Office.
B. 
Special provisions for coastal areas. Drainage systems shall be analyzed for a ten-year storm against a one-year tide. If the applicant plans to connect the proposed drainage system to an existing system, the existing system shall also be evaluated for the same combination of events for the drainage area to it and the proposed system designed accordingly.
(1) 
The one-year tides shall be as follows:
(a) 
Ocean equals 6.0 NGUD 1929.
(b) 
Branchport Creek equals 5.1 NGUD 1929.
(c) 
Manahassett Creek equals 5.1 NGUD 1929.
(2) 
If the site conditions indicate an analysis of the frequencies set forth in Subsection B(1) above impractical, the applicant shall have the burden of demonstrating the effect of this storm and why the required design cannot be accomplished.
(3) 
Residential areas draining to Branchport Creek and Manahassett Creek should be designed to handle a two-year storm combined with a one-year tide and evaluated with a ten-year storm against a one-year tide.
(4) 
Requiring of detention basins by the City Engineer will be determined by the capacity of the downstream system to handle the flows. Outfalls directly to tidal area will not require detention.
C. 
Special provisions for Ocean Boulevard areas.
(1) 
Drainage systems in the Ocean Boulevard areas shall comply with the same requirements as coastal areas except:
(a) 
Detention shall be required for all developments in the Ocean Boulevard area.
(b) 
Backwater elevations will be provided to the applicant for the basin nearest the site (along Ocean Boulevard) for use in backwater analysis. Basins shall be designed in accordance with the requirements set forth in Subsection A(3) herein.
D. 
Special provisions for upland areas. The applicant shall provide the calculations showing the capacity of the downstream system to adequately handle the additional flow. Detention requirements will be required on a project-to-project basis upon the recommendation of the City Engineer, based on the capacity calculations. The site shall be designed to handle a twenty-five-year storm.
[1]
Editor's Note: See also Art. II, Stormwater Management, of this chapter.
Materials designated in Chapter 293, Solid Waste, for mandatory recycling shall be separated from other solid waste by the generator, and a storage area of recyclable material shall be provided as follows:
A. 
For all subdivision applications for single-family units, the applicant shall provide a storage area of at least 12 square feet in each dwelling unit to accommodate a four-week accumulation of mandated recyclables (including but not limited to newspapers, glass bottles, aluminum cans and tin and bimetal cans). The storage area may be located in the laundry room, garage, basement or kitchen.
B. 
For all multifamily subdivision applications, the applicant shall provide a storage area of at least three square feet within each dwelling unit to accommodate a one-week accumulation of mandated recyclables (including but not limited to newspapers, glass bottles, aluminum cans and tin and bimetal cans). The storage area may be located in the laundry room, garage or kitchen. Unless recyclables are collected on a weekly basis from each dwelling unit, one or more common storage areas must be provided at convenient locations within the development.
A. 
Failure to obtain approval. If, before favorable referral and final approval has been obtained, any person transfers or sells or agrees to sell as owner or agent any land which forms a part of a subdivision on which, by ordinance, the Planning Board and the Council are required to act, such person shall be punishable as provided in Chapter 1, General Provisions, Article I.
[Amended 10-27-1998 by Ord. No. 36-98]
B. 
Civil action.
(1) 
In addition to the foregoing, if the streets in the subdivision are not such that a structure on said land in the subdivision would meet requirements for a building permit under Section Three of the Official Map and Building Permit Act (1953), the City may institute and maintain a civil action:
(a) 
For injunctive relief.
(b) 
To set aside and invalidate any conveyance made pursuant to such a contract or sale if the certificate of compliance has not been issued in accordance with Section 24 of Chapter 433 of the Laws of 1953.[1]
[1]
Editor's Note: Said Section 24 was repealed by L. 1975, c. 291. See now N.J.S.A. 40:55D-56.
(2) 
In any such action the transferee, purchaser or grantee shall be entitled to a lien upon the portion of the land from which the subdivision was made that remains in the possession of the subdivider or his assigns or successors, to secure the return of any deposit made or purchase price paid and also a reasonable search fee, survey expense and title closing expense, if any. Any such action must be brought within two years after the date of the recording of the instrument of transfer, sale or conveyance of the land, or within six years if unrecorded.
A. 
The prospective purchaser, prospective mortgagee or any other person interested in any land which forms part of a subdivision or which formed part of a subdivision three years preceding the effective date of N.J.S.A. 40:55D-56 may apply in writing to the Construction Code Official for a certificate certifying whether or not such subdivision has been approved by the Planning Board. Such application shall contain a diagram showing the location and dimension of the land to be covered by the certificate and the name of the owner thereof.
B. 
The Construction Code Official shall make and issue such certificate within 15 days after the receipt of such written application and fees therefor. He shall keep a duplicate copy of each certificate, consecutively numbered, including a statement of the fee charged, in a binder as a permanent record of his office.
C. 
Each certificate shall be designated a "certificate as to approval of subdivision of land" and shall certify:
(1) 
There exists in the City a duly established Planning Board and there is an ordinance controlling subdivision of land pursuant to Chapter 291, P.L. 1975.[1]
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
(2) 
Whether the subdivision, as it related to the land shown in the application, has been approved by the Planning Board and, if so, the date of such approval and any extensions and terms thereof, showing that the subdivision of which the lands are a part is a validly existing subdivision. The Construction Code Official shall be entitled to demand and receive for such certificate issued by him a reasonable fee not in excess of those provided in N.J.S.A. 54:5-14 and 54:5-15. The fees so collected shall be paid by him to the City.
A. 
These rules, regulations and standards shall be considered the minimum requirements for the protection of the public health, safety and welfare of the citizens of the City. Any action taken by the Council and the Planning Board under the terms of this chapter shall give primary consideration to the above-mentioned matters and to the welfare of the entire community.
B. 
In the event that any section, subsection, paragraph or definition in this chapter shall conflict with any provisions of the State BOCA Code, the Uniform Construction Code or any other state or federal statute, rule or regulation, and the municipality is prohibited by said statute, rule or regulation from adopting stricter standards, then, in that case, the Planning Board shall exercise its jurisdiction in reviewing the application or applications before it is based on the applicable state or federal statute, rule or regulation.
[Added 9-25-2007 by Ord. No. 36-07; amended 1-22-2008 by Ord. No. 2-08; 5-12-2009 by Ord. No. 6-09]
A. 
Policy statement.
(1) 
It is hereby determined that the waterways within the City of Long Branch are at times subjected to flooding, that such flooding is a danger to the lives and property of the public; that such flooding is also a danger to the natural resources of the City of Long Branch, the county and the state; that development tends to accentuate flooding by increasing stormwater runoff, due to alteration of the hydrologic response of the watershed in changing from the undeveloped to the developed condition; that such increased flooding produced by the development of real property contributes increased quantities of waterborne pollutants, and tends to increase channel erosion; that such increased flooding, increased erosion, and increased pollution constitutes deterioration of the water resources of the City of Long Branch, the county and the state; and that such increased flooding, increased erosion and increased pollution can be controlled to some extent by the regulation of stormwater runoff from such development.
(2) 
It is therefore determined that it is in the public interest to regulate the development of real property and to establish standards to regulate the additional discharge of stormwater runoff from such developments as provided in this chapter. Flood control, groundwater recharge, and pollutant reduction through nonstructural or low-impact techniques shall be explored before relying on structural best management practices (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.
B. 
Purpose. It is the purpose of this article to establish minimum stormwater management requirements and controls for major development, as defined in § 300-24.
C. 
Applicability.
(1) 
This article shall be applicable to all site plans and subdivisions for the following major developments that require preliminary or final site plan or subdivision review:
(a) 
Nonresidential major developments; and
(b) 
Aspects of residential major developments that are not preempted by the Residential Site Improvement Standards at N.J.A.C. 5:21.
(2) 
This article shall also be applicable to all major developments undertaken by the City of Long Branch.
D. 
Compatibility with other permit and ordinance requirements. Development approvals issued for subdivisions and site plans pursuant to this article 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 article shall be held to be the minimum requirements for the promotion of the public health, safety, and general welfare. This article 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 article 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.
Unless specifically defined below, words or phrases used in this article shall be interpreted so as to give them the meaning they have in common usage and to give this article 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.
CAFRA CENTERS, CORES OR NODES
Those areas within boundaries accepted by the Department pursuant to N.J.A.C. 7:8E-5B.
CAFRA PLANNING MAP
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.
COMPACTION
The increase in soil bulk density.
CORE
A pedestrian-oriented area of commercial and civic uses serving the surrounding municipality, generally including housing and access to public transportation.
COUNTY REVIEW AGENCY
An agency designated by the Monmouth County Board of Chosen Freeholders to review municipal stormwater management plans and implementing ordinance(s). The county review agency may either be:
A. 
A county planning agency; or
B. 
A county water resource association created under N.J.S.A. 58:16A-55.5, if the ordinance or resolution delegates authority to approve, conditionally approve, or disapprove municipal stormwater management plans and implementing ordinances.
DEPARTMENT
The New Jersey Department of Environmental Protection.
DESIGNATED CENTER
A State Development and Redevelopment Plan Center as designated by the State Planning Commission such as urban, regional, town, village, or hamlet.
DESIGN ENGINEER
A person professionally qualified and duly licensed in New Jersey to perform engineering services that may include, but not necessarily be limited to, development of project requirements, creation and development of project design and preparation of drawings and specifications.
DEVELOPMENT
The division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or structure, any mining excavation or landfill, and any use or change in the use of any building or other structure, or land or extension of use of land, 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. 4:1C-1 et seq.
DRAINAGE AREA
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.
EMPOWERMENT NEIGHBORHOOD
A neighborhood designated by the Urban Coordinating Council in consultation and conjunction with the New Jersey Redevelopment Authority pursuant to N.J.S.A. 55:19-69.
ENVIRONMENTALLY CRITICAL AREA
An area or feature which is of significant environmental value, including, but not limited to: stream corridors; natural heritage priority sites; habitats of endangered or threatened species; large areas of contiguous open space or upland forest; steep slopes; and 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.
EROSION
The detachment and movement of soil or rock fragments by water, wind, ice or gravity.
IMPERVIOUS SURFACE
A surface that has been covered with a layer of material so that it is highly resistant to infiltration by water.
INFILTRATION
The process by which water seeps into the soil from precipitation.
MAJOR DEVELOPMENT
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.
MUNICIPALITY
The City of Long Branch.
NODE
An area designated by the State Planning Commission concentrating facilities and activities which are not organized in a compact form.
NUTRIENT
A chemical element or compound, such as nitrogen or phosphorus, which is essential to and promotes the development of organisms.
PERSON
Any individual, corporation, company, partnership, firm, association, the City of Long Branch, 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.
POLLUTANT
Any dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, refuse, oil, grease, sewage sludge, munitions, chemical wastes, biological materials, medical wastes, radioactive substance [except those regulated under the Atomic Energy Act of 1954, as amended (42 U.S.C. 2011 et seq.)], thermal waste, wrecked or discarded equipment, rock, sand, cellar dirt, industrial, municipal, agricultural, and construction waste or runoff, or other residue discharged directly or indirectly to the land, groundwaters or surface waters of the state, or to a domestic treatment works. "Pollutant" includes both hazardous and nonhazardous pollutants.
RECHARGE
The amount of water from precipitation that infiltrates into the ground and is not evapotranspired.
SEDIMENT
Solid material, mineral or organic, that is in suspension, is being transported, or has been moved from its site of origin by air, water or gravity as a product of erosion.
SITE
The lot or lots upon which a major development is to occur or has occurred.
SOIL
All unconsolidated mineral and organic material of any origin.
STATE DEVELOPMENT AND REDEVELOPMENT PLAN METROPOLITAN PLANNING AREA (PA1)
An area delineated on the State Plan Policy Map and adopted by the State Planning Commission that is intended to be the focus for much of the state's future redevelopment and revitalization efforts.
STATE PLAN POLICY MAP
The geographic application of the State Development and Redevelopment Plan's goals and statewide policies, and the official map of these goals and policies.
STORMWATER
Water resulting from precipitation (including rain and snow) that runs off the land's surface, is transmitted to the subsurface, or is captured by separate storm sewers or other sewage or drainage facilities, or conveyed by snow removal equipment.
STORMWATER MANAGEMENT BASIN
An excavation or embankment and related areas designed to retain stormwater runoff. A stormwater management basin may either be normally dry (that is, a detention basin or infiltration basin), retain water in a permanent pool (a retention basin), or be planted mainly with wetland vegetation (most constructed stormwater wetlands).
STORMWATER MANAGEMENT MEASURE
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.
STORMWATER RUNOFF
Water flow on the surface of the ground or in storm sewers, resulting from precipitation.
TIDAL FLOOD HAZARD AREA
A flood hazard area which may be influenced by stormwater runoff from inland areas, but which is primarily caused by the Atlantic Ocean.
TIME OF CONCENTRATION
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.
TOTAL SUSPENDED SOILS
The sum of dissolved and undissolved solids and particulate matter of a buoyancy and/or specific gravity that prohibits their settling in runoff.
URBAN COORDINATING COUNCIL EMPOWERMENT NEIGHBORHOOD
A neighborhood given priority access to state resources through the New Jersey Redevelopment Authority.
URBAN ENTERPRISE ZONE
A zone designated by the New Jersey Enterprise Zone Authority pursuant to the New Jersey Urban Enterprise Zones Act, N.J.S.A. 52:27H-60 et seq.
URBAN REDEVELOPMENT AREA
Previously developed portions of areas:
A. 
Delineated on the State Plan Policy Map (SPPM) as the Metropolitan Planning Area (PA1), Designated Centers, Cores or Nodes;
B. 
Designated as CAFRA Centers, Cores or Nodes;
C. 
Designated as Urban Enterprise Zones; and
D. 
Designated as Urban Coordinating Council Empowerment Neighborhoods.
WATERS OF THE STATE
The ocean and its estuaries, all springs, streams, wetlands, and bodies of surface or groundwater, whether natural or artificial, within the boundaries of the State of New Jersey or subject to its jurisdiction.
WETLANDS or WETLAND
An area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as "hydrophytic vegetation."
A. 
Design and performance standards for stormwater management measures.
(1) 
Stormwater management measures for major development shall be developed to meet the erosion control, groundwater recharge, stormwater runoff quantity, and stormwater runoff quality standards in § 300-26. 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 article 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.
(3) 
For site improvements regulated under the Residential Site Improvement Standards (RSIS) at N.J.A.C. 5:21, the RSIS shall apply in addition to this article except to the extent the RSIS are superseded by this article or alternative standards applicable under a regional stormwater management plan or water quality management plan adopted in accordance with the rules of the New Jersey Department of Environmental Protection.
A. 
The development shall incorporate a maintenance plan for the stormwater management measures incorporated into the design of a major development in accordance with § 300-32.
B. 
Stormwater management measures shall avoid adverse impacts of concentrated flow on habitats 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 13:1B-15.150, particularly Helonias bullata (swamp pink) and/or Clemmys muhlenbergi (bog turtle).
C. 
The following linear development projects are exempt from the groundwater recharge, stormwater runoff quantity, and stormwater runoff quality requirements of Subsections F and G:
(1) 
The construction of an underground utility line, provided that the disturbed areas are revegetated upon completion;
(2) 
The construction of an aboveground utility line, provided that the existing conditions are maintained to the maximum extent practicable; and
(3) 
The construction of a public pedestrian access, such as a sidewalk or trail with a maximum width of 14 feet, provided that the access is made of permeable material.
D. 
A waiver from strict compliance from the groundwater recharge, stormwater runoff quantity, and stormwater runoff quality requirements of Subsections F and G may be obtained for the enlargement of an existing public roadway or railroad; or the construction or enlargement of a public pedestrian access, provided that the following conditions are met:
(1) 
The applicant demonstrates that there is a public need for the project that cannot be accomplished by any other means;
(2) 
The applicant demonstrates, through an alternatives analysis, that through the use of nonstructural and structural stormwater management strategies and measures, the option selected complies with the requirements of Subsections F and G to the maximum extent practicable;
(3) 
The applicant demonstrates that, in order to meet the requirements of Subsections F and G, existing structures currently in use, such as homes and buildings, would need to be condemned; and
(4) 
The applicant demonstrates that it does not own or have other rights to areas, including the potential to obtain through condemnation lands not falling under § 300-26D(3) above within the upstream drainage area of the receiving stream, that would provide additional opportunities to mitigate the requirements of Subsections F and G, that were not achievable on site.
E. 
Nonstructural stormwater management strategies.
(1) 
To the maximum extent practicable, the standards in Subsections F and G, shall be met by incorporating nonstructural stormwater management strategies set forth at Subsection E 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 E(2) below into the design of a particular project, the applicant shall identify the strategy considered and provide a basis for the contention.
(2) 
Nonstructural stormwater management strategies incorporated into site design shall:
(a) 
Protect areas that provide water quality benefits or areas particularly susceptible to erosion and sediment loss;
(b) 
Minimize impervious surfaces and break up or disconnect the flow of runoff over impervious surfaces;
(c) 
Maximize the protection of natural drainage features and vegetation;
(d) 
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;
(e) 
Minimize land disturbance including clearing and grading;
(f) 
Minimize soil compaction;
(g) 
Provide low-maintenance landscaping that encourages retention and planting of native vegetation and minimizes the use of lawns, fertilizers and pesticides;
(h) 
Provide vegetated open-channel conveyance systems discharging into and through stable vegetated areas;
(i) 
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:
[1] 
Site design features that help to prevent accumulation of trash and debris in drainage systems, including features that satisfy Subsection E(3) below;
[2] 
Site design features that help to prevent discharge of trash and debris from drainage systems;
[3] 
Site design features that help to prevent and/or contain spills or other harmful accumulations of pollutants at industrial or commercial developments; and
[4] 
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.
(3) 
Site design features identified under Subsection E(2)(i)[2] above shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets. For purposes of this subsection, "solid and floatable materials" means sediment, debris, trash, and other floating, suspended, or settleable solids. For exemptions to this standard see Subsection E(3)(c) below:
(a) 
Grates.
[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 inch across the smallest dimension.
[2] 
Examples of grates subject to this standard include grates in grate inlets, the grate portion (non-curb-opening portion) of combination inlets, grates on storm sewer manholes, ditch grates, trench grates, and grates of spacer bars in slotted drains. Examples of ground surfaces include surfaces of roads (including bridges), driveways, parking areas, bikeways, plazas, sidewalks, lawns, fields, open channels, and stormwater basin floors.
(b) 
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.
(c) 
This standard shall not apply under the following conditions or situations:
[1] 
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;
[2] 
Where flows from the water quality design storm as specified in Subsection G(1) 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:
[a] 
A rectangular space 4 5/8 inches long and 1 1/2 inches wide (this option does not apply for outfall netting facilities); or
[b] 
A bar screen having a bar spacing of 0.5 inch.
[3] 
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 G(1); or
[4] 
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.
(4) 
Any land area used as a nonstructural stormwater management measure to meet the performance standards in Subsections F and G shall be dedicated to a government agency, subjected to a conservation restriction filed with the Monmouth 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.
(5) 
Guidance for nonstructural stormwater management strategies is available in the New Jersey Stormwater Best Management Practices Manual. The BMP Manual may be obtained from the address identified in § 300-29, Sources for Technical Guidance, or found on the Department's website at www.njstormwater.org.
F. 
Erosion control, groundwater recharge and runoff quantity standards.
(1) 
This subsection contains minimum design and performance standards to control erosion, encourage and control infiltration and groundwater recharge, and control stormwater runoff quantity impacts of major development.
(a) 
The minimum design and performance standards for erosion control are those established under the Soil Erosion and Sediment Control Act, N.J.S.A. 4:24-39 et seq. and implementing rules.
(b) 
The minimum design and performance standards for groundwater recharge are as follows:
[1] 
The design engineer shall, using the assumptions and factors for stormwater runoff and groundwater recharge calculations at § 300-27, either:
[a] 
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
[b] 
Demonstrate through hydrologic and hydraulic analysis that the increase of stormwater runoff volume from preconstruction to postconstruction for the two-year storm is infiltrated.
[2] 
This groundwater recharge requirement does not apply to projects within an urban redevelopment area, or to projects subject to Subsection F(1)(b)[3] below.
[3] 
The following types of stormwater shall not be recharged:
[a] 
Stormwater from areas of high pollutant loading. High pollutant loading areas are areas in industrial and commercial developments where solvents and/or petroleum products are loaded/unloaded, stored, or applied; areas where pesticides are loaded/unloaded or stored; areas where hazardous materials are expected to be present in greater than reportable quantities as defined by the United States Environmental Protection Agency (EPA) at 40 CFR 302.4; areas where recharge would be inconsistent with Department-approved remedial action work plan or landfill closure plan and areas with high risks for spills of toxic materials, such as gas stations and vehicle maintenance facilities; and
[b] 
Industrial stormwater exposed to source material. "Source material" means any material(s) or machinery, located at an industrial facility that is directly or indirectly related to process, manufacturing or other industrial activities, which could be a source of pollutants in any industrial stormwater discharge to groundwater. Source materials include, but are not limited to, raw materials; intermediate products; final products; waste materials; by-products; industrial machinery and fuels, and lubricants, solvents, and detergents that are related to process, manufacturing, or other industrial activities that are exposed to stormwater.
[4] 
The design engineer shall assess the hydraulic impact on the groundwater table and design the site so as to avoid adverse hydraulic impacts. Potential adverse hydraulic impacts include, but are not limited to, exacerbating a naturally or seasonally high water table so as to cause 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.
(c) 
In order to control stormwater runoff quantity impacts, the design engineer shall, using the assumptions and factors for stormwater runoff calculations at § 300-27, complete one of the following:
[1] 
No increase in volume runoff. 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;
[2] 
No increase in runoff rate. 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;
[3] 
Reduction in runoff rate. 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
[4] 
In tidal flood hazard areas, stormwater runoff quantity analysis in accordance with Subsection F(1)(c)[1], [2] and [3] above shall only be applied if the increased volume of stormwater runoff could increase flood damages below the point of discharge.
(2) 
Any application for a new agricultural development that meets the definition of major development at § 300-24 shall be submitted to the Freehold Soil Conservation District for review and approval in accordance with the requirements of this section and any applicable Freehold 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, or 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.
G. 
Stormwater runoff quality standards.
(1) 
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
(2) 
For purposes of TSS reduction calculations, Table 2 below presents the presumed removal rates for certain BMPs designed in accordance with the New Jersey Stormwater Best Management Practices Manual. The BMP Manual may be obtained from the address identified in § 300-29, or found on the Department's website at www.njstormwater.org. The BMP Manual and other sources of technical guidance are listed in § 300-29. TSS reduction shall be calculated based on the removal rates for the BMPs in Table 2 below. Alternative removal rates and methods of calculating removal rates may be used if the design engineer provides documentation demonstrating the capability of these alternative rates and methods to the review agency. A copy of any approved alternative rate or method of calculating the removal rate shall be provided to the Department at the following address: Division of Watershed Management, New Jersey Department of Environmental Protection, P.O. Box 418 Trenton, New Jersey 08625-0418.
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 § 300-28C
Sand filter
80
Vegetative filter strip
60 to 80
Wet pond
50 to 90
(3) 
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
(4) 
If 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.
(5) 
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 Subsections F and G.
(6) 
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.
(7) 
Additional information and examples are contained in the New Jersey Stormwater Best Management Practices Manual, which may be obtained from the address identified in § 300-29.
(8) 
Special water resource protection areas shall be established along all waters designated Category One at N.J.A.C. 7:9B, and perennial or intermittent streams that drain 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 have been 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:
(a) 
The applicant shall preserve and maintain a special water resource protection area in accordance with one of the following:
[1] 
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.
[2] 
Encroachment within the designated special water resource protection area under Subsection G(8)(a)[1] above shall only be allowed where previous development or disturbance has occurred (for example, active agricultural use, parking area or maintained lawn area). The encroachment shall only be allowed where 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. In no case shall the remaining special water resource protection area be reduced to less than 150 feet as measured perpendicular to the top-of-bank of the waterway or center line of the waterway where the bank is undefined. All encroachments proposed under this subsection shall be subject to review and approval by the Department.
(b) 
All stormwater shall be discharged outside of and flow through the special water resource protection area and shall comply with the standard for off-site stability in the Standards for Soil Erosion and Sediment Control in New Jersey, established under the Soil Erosion and Sediment Control Act, N.J.S.A. 4:24-39 et seq.
(c) 
If stormwater discharged outside of and flowing through the special water resource protection area cannot comply with the standard for off-site stability in the Standards for Soil Erosion and Sediment Control in New Jersey, established under the Soil Erosion and Sediment Control Act. N.J.S.A. 4:24-39 et seq., then the stabilization measures in accordance with the requirements of the above standards may be placed within the special water resource protection area, provided that:
[1] 
Stabilization measures shall not be placed within 150 feet of the Category One waterway;
[2] 
Stormwater associated with discharges allowed by this section shall achieve a ninety-five-percent TSS postconstruction removal rate;
[3] 
Temperature shall be addressed to ensure no impact on the receiving waterway;
[4] 
The encroachment shall only be allowed where the applicant demonstrates that the functional value and overall condition of the special water resource protection area will be maintained to the maximum extent practicable;
[5] 
A conceptual project design meeting shall be held with the appropriate Department staff and Soil Conservation District staff to identify necessary stabilization measures; and
[6] 
All encroachments proposed under this section shall be subject to review and approval by the Department.
(d) 
A stream corridor protection plan may be developed by a regional stormwater management planning committee as an element of a regional stormwater management plan, or by a municipality through an adopted municipal stormwater management plan. If a stream corridor protection plan for a waterway subject to § 300-26G(8) 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 G(8) shall maintain or enhance the current functional value and overall condition of the special water resource protection area as defined in § 300-26G(8)(a)[1] above. In no case shall a stream corridor protection plan allow the reduction of the special water resource protection area to less than 150 feet as measured perpendicular to the waterway subject to this subsection.
(e) 
Subsection G(8) above 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.
A. 
Stormwater runoff shall be calculated in accordance with the following:
(1) 
The design engineer shall calculate runoff using one of the following methods:
(a) 
The USDA Natural Resources Conservation Service (NRCS) methodology, including the NRCS Runoff Equation and Dimensionless Unit Hydrograph, as described in the NRCS National Engineering Handbook Section 4 – Hydrology and Technical Release 55 – Urban Hydrology for Small Watersheds; or
(b) 
The Rational Method for peak flow and the Modified Rational Method for hydrograph computations.
(2) 
For the purpose of calculating runoff coefficients and groundwater recharge, there is a presumption that the preconstruction condition of a site or portion thereof is a wooded land use with good hydrologic condition. The term "runoff coefficient" applies to both the NRCS methodology at Subsection A(1)(a) and the Rational and Modified Rational Methods at Subsection A(1)(b). A runoff coefficient or a groundwater recharge land cover for an existing condition may be used on all or a portion of the site if the design engineer verifies that the hydrologic condition has existed on the site or portion of the site for at least five years without interruption prior to the time of application. If more than one land cover has existed on the site during the five years immediately prior to the time of application, the land cover with the lowest runoff potential shall be used for the computations. In addition, there is the presumption that the site is in good hydrologic condition (if the land use type is pasture, lawn, or park), with good cover (if the land use type is woods), or with good hydrologic condition and conservation treatment (if the land use type is cultivation).
(3) 
In computing preconstruction stormwater runoff, the design engineer shall account for all significant land features and structures, such as ponds, wetlands, depressions, hedgerows, or culverts that may reduce preconstruction stormwater runoff rates and volumes.
(4) 
In computing stormwater runoff from all design storms, the design engineer shall consider the relative stormwater runoff rates and/or volumes of pervious and impervious surfaces separately to accurately compute the rates and volume of stormwater runoff from the site. To calculate runoff from unconnected impervious cover, urban impervious area modifications as described in the NRCS Technical Release 55 – Urban Hydrology for Small Watersheds and other methods may be employed.
(5) 
If the invert of the outlet structure of a stormwater management measure is below the flood hazard design flood elevation as defined at N.J.A.C. 7:13, the design engineer shall take into account the effects of tailwater in the design of structural stormwater management measures.
B. 
Groundwater recharge may be calculated in accordance with the following: 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.
A. 
Standards for structural stormwater management measures are as follows:
(1) 
Structural stormwater management measures shall be designed to take into account the existing site conditions, including, for example, environmentally critical areas, wetlands; flood-prone areas; slopes; depth to seasonal high water table; soil type, permeability and texture; drainage area and drainage patterns; and the presence of solution-prone carbonate rocks (limestone).
(2) 
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 § 300-30B.
(3) 
Structural stormwater management measures shall be designed, constructed, and installed to be strong, durable, and corrosion resistant. Measures that are consistent with the relevant portions of the Residential Site Improvement Standards at N.J.A.C. 5:21-7.3, 5:21-7.4, and 5:21-7.5 shall be deemed to meet this requirement.
(4) 
At the intake to the outlet from the stormwater management basin, the orifice size shall be a minimum of 2 1/2 inches in diameter.
(5) 
Stormwater management basins shall be designed to meet the minimum safety standards for stormwater management basins at § 300-30.
B. 
Stormwater management measure guidelines are available in the New Jersey Stormwater Best Management Practices Manual. Other stormwater management measures may be utilized provided the design engineer demonstrates that the proposed measure and its design will accomplish the required water quantity, groundwater recharge and water quality design and performance standards established by § 300-26 of this article.
C. 
Manufactured treatment devices may be used to meet the requirements of § 300-26 of this article, provided the pollutant removal rates are verified by the New Jersey Corporation for advanced Technology and certified by the Department.
A. 
Technical guidance for stormwater management measures can be found in the documents listed at Subsection A(1) and (2) below, which are available from Maps and Publications, New Jersey Department of Environmental Protection, 428 East State Street, P.O. Box 420, Trenton, New Jersey 08625; telephone (609) 777-1038.
(1) 
Guidelines for stormwater management measures are contained in the New Jersey Stormwater Best Management Practices Manual, as amended. 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.
(2) 
The New Jersey Department of Environmental Protection Stormwater Management Facilities Maintenance Manual, as amended.
B. 
Additional technical guidance for stormwater management measures can be obtained from the following:
(1) 
The Standards for Soil Erosion and Sediment Control in New Jersey, promulgated by the State Soil Conservation Committee and incorporated into N.J.A.C. 2:90. Copies of these standards may be obtained by contacting the State Soil Conservation Committee or any of the Soil Conservation Districts listed in N.J.A.C. 2:90-1.3(a)4. The location, address, and telephone number of each Soil Conservation District may be obtained from the State Soil Conservation Committee, P.O. Box 330, Trenton, New Jersey 08625; (609) 292-5540;
(2) 
The Rutgers Cooperative Extension Service, 732-932-9306; and
(3) 
The Soil Conservation Districts listed in N.J.A.C. 2:90-1.3(a)4. The location, address, and telephone number of each Soil Conservation District may be obtained from the State Soil Conservation Committee, P.O. Box 330, Trenton, New Jersey 08625; (609) 292-5540.
A. 
This section sets forth requirements to protect public safety through the proper design and operation of stormwater management basins. This section applies to any new stormwater management basin.
B. 
Requirements for trash racks, overflow grates and escape provisions.
(1) 
A trash rack is a device designed to catch trash and debris and prevent the clogging of outlet structures. Trash racks shall be installed at the intake to the outlet from the stormwater management basin to ensure proper functioning of the basin outlets in accordance with the following:
(a) 
The trash rack shall have parallel bars, with no greater than six-inch spacing between the bars.
(b) 
The trash rack shall be designed so as not to adversely affect the hydraulic performance of the outlet pipe or structure.
(c) 
The average velocity of flow through a clean trash rack is not to exceed 2.5 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.
(d) 
The trash rack shall be constructed and installed to be rigid, durable, and corrosion resistant, and shall be designed to withstand a perpendicular live loading of 300 pounds per square foot.
(2) 
An overflow grate is designed to prevent obstruction of the overflow structure. If an outlet structure has an overflow grate, such grate shall meet the following requirements:
(a) 
The overflow grate shall be secured to the outlet structure but removable for emergencies and maintenance.
(b) 
The overflow grate spacing shall be no less than two inches across the smallest dimension.
(c) 
The overflow grate shall be constructed and installed to be rigid, durable, and corrosion resistant, and shall be designed to withstand a perpendicular live loading of 300 pounds per square foot.
(3) 
For purposes of this subsection, "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:
(a) 
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 C, a freestanding outlet structure may be exempted from this requirement.
(b) 
Safety ledges shall be constructed on the slopes of all new stormwater management basins having a permanent pool of water deeper than 2 1/2 feet. Such safety ledges shall be comprised of two steps. Each step shall be four feet to six feet in width. One step shall be located approximately 2 1/2 feet below the permanent water surface, and the second step shall be located one foot to 1 1/2 feet above the permanent water surface. See Subsection D for an illustration of safety ledges in a stormwater management basin.
(c) 
In new stormwater management basins, the maximum interior slope for an earthen dam, embankment, or berm shall not be steeper than three horizontal to one vertical.
C. 
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.
D. 
Illustration of safety ledges in a new stormwater management basin:
300.tif
A. 
Submission of site development stormwater plan.
(1) 
Whenever an applicant seeks municipal approval of a development subject to this article, the applicant shall submit all of the required components of the checklist for the site development stormwater plan at Subsection C as part of the submission of the applicant's application for subdivision or site plan approval.
(2) 
The applicant shall demonstrate that the project meets the standards set forth in this article.
(3) 
The applicant shall submit 14 copies of the materials listed in the checklist for site development stormwater plans in accordance with § 300-31C of this article.
B. 
Site development stormwater plan approval. The applicant's site development project shall be reviewed as a part of the subdivision or site plan review process by the municipal board or official from whom 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 article.
C. 
Checklist requirements. The following information shall be required:
(1) 
Topographic base map. The reviewing engineer may require upstream tributary drainage system information as necessary. It is recommended that the topographic base map of the site be submitted which extends a minimum of 200 feet beyond the limits of the proposed development, at a scale of one inch equals 200 feet or greater, showing two-foot contour intervals. The map as appropriate may indicate the following: existing surface water drainage, shorelines, steep slopes, soils, erodible soils, perennial or intermittent streams, waterways 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.
(2) 
Environmental site analysis: a written and graphic description of the natural and man-made features of the site and its environs. This description should include a discussion of soil conditions, slopes, wetlands, waterways and vegetation on the site. Particular attention should be given to unique, unusual, or environmentally sensitive features and to those that provide particular opportunities or constraints for development.
(3) 
Project description and site plan(s): a map (or maps) at the scale of the topographical base map indicating the location of areas of impervious surface, including but not limited to 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 shall also be provided.
(4) 
Land use planning and source control plan. This plan shall provide a demonstration of how the goals and standards of §§ 300-25 through 300-28 are being met. The focus of this plan shall be to describe how the site is being developed to meet the objective of controlling groundwater recharge, stormwater quality and stormwater quantity problems at the source by land management and source controls whenever possible.
(5) 
Stormwater management facilities map. The following information, illustrated on a map of the same scale as the topographic base map, shall be included:
(a) 
Total area to be paved or built upon, proposed surface contours, land area to be occupied by the stormwater management facilities and the type of vegetation thereon, and details of the proposed plan to control and dispose of stormwater.
(b) 
Details of all stormwater management facility designs, during and after construction, including discharge provisions, discharge capacity for each outlet at different levels of detention and emergency spillway provisions with maximum discharge capacity of each spillway.
(6) 
Calculations.
(a) 
Comprehensive hydrologic and hydraulic design calculations for the predevelopment and postdevelopment conditions for the design storms specified in § 300-26.
(b) 
When the proposed stormwater management control measure (e.g., infiltration basins) depends on the hydrologic properties of soils, then a soils report shall be submitted. The soils report shall be based on on-site boring logs or soil pit profiles. The number and location of required soil borings or soil pits shall be determined based on what is needed to determine the suitability and distribution of soils present at the location of the control measure.
(7) 
Maintenance and repair plan. The design and planning of the stormwater management facility shall meet the maintenance requirements of § 300-32.
(8) 
Waiver from submission requirements. The municipal official or board reviewing an application under this article may, in consultation with the municipal engineer, waive submission of any of the requirements in § 300-31C(1) through (6) of this article 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.
(9) 
Site plan checklist. Major development applications shall require the applicant to complete and submit a copy of the site conditions checklist, which can be found immediately following this section.[1]
[1]
Editor's Note: Said checklist is located at the end of this chapter.
A. 
Applicability. Projects subject to review as in § 300-23C shall comply with the requirements of Subsections B and C.
B. 
General maintenance.
(1) 
The design engineer shall prepare a maintenance plan for the stormwater management measures incorporated into the design of a major development.
(2) 
The maintenance plan shall contain specific preventative maintenance tasks and schedules; cost estimates, including estimated cost of sediment, debris, or trash removal; and the name, address, and telephone number of the person or persons responsible for preventative and corrective maintenance (including replacement). Maintenance guidelines for stormwater management measures are available in the New Jersey Stormwater Best Management Practices Manual. If the maintenance plan identifies a person other than the developer (for example, a public agency or homeowners' association) as having the responsibility for maintenance, the plan shall include documentation of such person's agreement to assume this responsibility, or of the developer's obligation to dedicate a stormwater management facility to such person under an applicable ordinance or regulation.
(3) 
Responsibility for maintenance shall not be assigned or transferred to the municipality in a residential development or project. Responsibility for facilities located in commercial or development sites shall be the owner of the site. A named individual shall be responsible for the safety and maintenance of said facility. The posting of a two-year maintenance guarantee in accordance with N.J.S.A. 40:55D-53 shall be required for all facilities not dedicated to the municipality or other public agency.
(4) 
If the person responsible for maintenance identified under Subsection B(2) above is not a public agency, the maintenance plan and any future revisions based on Subsection B(7) below shall be recorded upon the deed of record for each property on which the maintenance described in the maintenance plan must be undertaken.
(5) 
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.
(6) 
The person responsible for maintenance identified under Subsection B(2) above shall maintain a detailed log of all preventative and corrective maintenance for the structural stormwater management measures incorporated into the design of the development, including a record of all inspections and copies of all maintenance-related work orders.
(7) 
The person responsible for maintenance identified under Subsection B(2) above shall evaluate the effectiveness of the maintenance plan at least once per year and adjust the plan and the deed as needed, and submit such changes for approval by the City Engineer.
(8) 
The person responsible for maintenance identified under Subsection B(2) 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 B(6) and (7) within 10 days of such a request.
(9) 
The requirements of Subsection B(3) and (4) do not apply to stormwater management facilities that are dedicated to and accepted by the municipality or another governmental agency.
(10) 
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.
C. 
Nothing in this section shall preclude the municipality in which the major development is located from requiring the posting of a performance or maintenance guarantee in accordance with N.J.S.A. 40:55D-53.
A. 
Any person who erects, constructs, alters, repairs, converts, maintains, or uses any building, structure, or land in violation of this article shall be subject to the following penalties.
B. 
Failure to comply with any provisions of this article shall be considered a violation of the Coded Ordinances of Long Branch City and shall be punishable by a fine of $1,000 or 90 days in jail, or both. Each day of such violation's continuance shall be considered as a separate offense and shall be separately punishable. These penalties shall not be the exclusive remedy available, and nothing in this article shall prevent an applicant from obtaining injunctive relief.
This article shall take effect immediately upon the approval by the county review agency, or 60 days from the receipt of the article by the county review agency if the county review agency should fail to act.
If the provisions of any section, subsection, paragraph, subdivision, or clause of this article shall be judged invalid by a court of competent jurisdiction, such order of judgment shall not affect or invalidate the remainder of any section, subsection, paragraph, subdivision, or clause of this article.
All subdivision and site plan review fees associated with this article shall be provided by the applicant as adopted by the City of Long Branch within section § 69-29, Fees of this Code.