[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
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.
DRAINAGE RIGHT-OF-WAY
FINAL PLAT
LOT
MAJOR SUBDIVISION
MASTER PLAN
MINOR SUBDIVISIONS
(1)
(2)
(3)
(4)
OPEN SPACE/RECREATION
OWNER
PERFORMANCE GUARANTY
PLAT
PRELIMINARY PLAT
SITE PLAN
(1)
(2)
(a)
(b)
(c)
(d)
[1]
[2]
[3]
[4]
[5]
[6]
[7]
[8]
SKETCH PLAT
STREET
(1)
(2)
(3)
(4)
SUBDIVIDER
SUBDIVISION
(1)
(a)
(b)
(c)
(d)
(e)
(2)
SUBDIVISION COMMITTEE
As used in this chapter, the following terms shall
have the meanings indicated:
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]
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.
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.
All subdivisions not classified as minor subdivisions.
The Master Plan of the City as adopted by the Planning Board,
including all amendments and supplements duly adopted.
A subdivision of land for the creation of a number of lots,
not to exceed three, provided that each subdivision does not involve:
A planned development;
Any new street;
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
The extension of any off-tract improvement the
cost of which is to be prorated pursuant to N.J.S.A. 40:55D-42.
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.
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.
The map of a subdivision.
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.
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.
SITE PLAN, MAJORAny site plan not determined to be a minor site plan under Subsection (2).
SITE PLAN, MINORAny development plan for one or more lots which is (are) subject to development which:
Requires site plan approval;
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;
Meets the following conditions:
The construction of drainage facilities is not
required either on- or off-site;
The proposed development does not involve planned
development;
The proposed development will not require the
issuance of a Coastal Area Facilities Review Act[2] permit;
The proposed development does not involve any
new street or the extension of any existing street;
The proposed development does not involve the
extension or construction of any off-tract improvement;
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
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.
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.
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:
MAJOR STREETSShall be as shown on the Master Plan of the City.
COLLECTOR STREETSThose 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.
MINOR STREETThat which is used primarily for access to abutting land.
MARGINAL ACCESS STREETOne which parallels and is contiguous to a major street and is designed to provide access to abutting land.
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.
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:
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.
Divisions of property upon court order, including
but not limited to judgments or foreclosure.
Divisions of property by testamentary or intestate
provisions.
Divisions of existing lots by deed or other
recorded instrument.
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.
The term "subdivision" shall also include the
term "resubdivision."
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.
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:
(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.
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.
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.
(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.
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.
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:
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.
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.
(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.
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.
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:
(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 shall be achieved through the use of stormwater
management measures, including green infrastructure best management
practices (GI BMPs) and nonstructural stormwater management strategies.
GI BMPs and low-impact development (LID) should be utilized to meet
the goal of maintaining natural hydrology to reduce stormwater runoff
volume, reduce erosion, encourage infiltration and groundwater recharge,
and reduce pollution. GI BMPs and LID should be developed based upon
physical site conditions and the origin, nature and the anticipated
quantity, or amount, of potential pollutants. Multiple stormwater
management BMPs may be necessary to achieve the established performance
standards for water quality, quantity, and groundwater recharge.
[Amended 2-10-2021 by Ord. No. 4-21]
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, including
water quantity requirements for projects that meet the definition
of "major development" under this article, but do not ultimately disturb
more than one acre of land as permitted pursuant to N.J.A.C. 5:21-7.1(a)1.
[Amended 2-10-2021 by Ord. No. 4-21]
(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.
Those areas within boundaries incorporated by reference or
revised by the Department in accordance with N.J.A.C. 7:7-13.16.
[Amended 2-10-2021 by Ord. No. 4-21]
The map used by the Department to identify the location of
Coastal Planning Areas, CAFRA centers, CAFRA cores, and CAFRA nodes.
The CAFRA planning map is available on the Department's geographic
information system (GIS).
[Amended 2-10-2021 by Ord. No. 4-21]
An infiltration system, sand filter designed to infiltrate,
standard constructed wetland, or wet pond, established in accordance
with N.J.A.C. 7:8-4.2(c)14, that is designed and constructed in accordance
with the New Jersey Stormwater Best Management Practices Manual, or
an alternate design, approved in accordance with N.J.A.C. 7:8-5.2(g),
for an infiltration system, sand filter designed to infiltrate, standard
constructed wetland, or wet pond and that complies with the requirements
of this article.
[Added 2-10-2021 by Ord.
No. 4-21]
The increase in soil bulk density.
The area from which stormwater runoff drains to a stormwater
management measure, not including the area of the stormwater management
measure itself.
[Added 2-10-2021 by Ord.
No. 4-21]
A pedestrian-oriented area of commercial and civic uses serving
the surrounding municipality, generally including housing and access
to public transportation.
An agency designated by the Board of County Commissioners
to review municipal stormwater management plans and implementing ordinance(s).
The county review agency may either be:
[Amended 2-10-2021 by Ord. No. 4-21]
The New Jersey Department of Environmental Protection.
A State Development and Redevelopment Plan Center as designated
by the State Planning Commission such as urban, regional, town, village,
or hamlet.
A person professionally qualified and duly licensed in New
Jersey to perform engineering services that may include, but not necessarily
be limited to, development of project requirements, creation and development
of project design and preparation of drawings and specifications.
The division of a parcel of land into two or more parcels,
the construction, reconstruction, conversion, structural alteration,
relocation or enlargement of any building or structure, any mining
excavation or landfill, and any use or change in the use of any building
or other structure, or land or extension of use of land, by any person,
for which permission is required under the Municipal Land Use Law,
N.J.S.A. 40:55D-1 et seq. In the case of development of agricultural
lands, "development" means any activity that requires a state permit;
any activity reviewed by the County Agricultural Board (CAB) and the
State Agricultural Development Committee (SADC), and municipal review
of any activity not exempted by the Right to Farm Act, N.J.S.A. 4:1C-1
et seq.
The placement or reconstruction of impervious surface or
motor vehicle surface, or exposure and/or movement of soil or bedrock
or clearing, cutting, or removing of vegetation. Milling and repaving
is not considered disturbance for the purposes of this definition.
[Added 2-10-2021 by Ord.
No. 4-21]
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.
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.
The following areas where the physical alteration of the
land is in some way restricted, either through regulation, easement,
deed restriction or ownership, such as wetlands, floodplains, threatened
and endangered species sites or designated habitats, and parks and
preserves. Habitats of endangered or threatened species are identified
using the Department's Landscape Project as approved by the Department's
Endangered and Nongame Species Program.
[Added 2-10-2021 by Ord.
No. 4-21]
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.
The detachment and movement of soil or rock fragments by
water, wind, ice or gravity.
A stormwater management measure that manages stormwater close
to its source by:
[Added 2-10-2021 by Ord.
No. 4-21]
An area within which water drains to a particular receiving
surface water body, also known as a subwatershed, which is identified
by a fourteen-digit hydrologic unit boundary designation, delineated
within New Jersey by the United States Geological Survey.
[Added 2-10-2021 by Ord.
No. 4-21]
A surface that has been covered with a layer of material
so that it is highly resistant to infiltration by water.
The process by which water seeps into the soil from precipitation.
One or more public entities having stormwater management
planning authority designated by the regional stormwater management
planning committee, pursuant to N.J.A.C. 7:8-3.2, that serves as the
primary representative of the committee.
[Added 2-10-2021 by Ord.
No. 4-21]
[Amended 2-10-2021 by Ord. No. 4-21]
An individual development, as well as multiple developments
that individually or collectively result in:
Major development includes all developments that are part of a common plan of development or sale (for example, phased residential development) that collectively or individually meet any one or more of Subsection A(1), (2), (3) or (4) above. Projects undertaken by any government agency that otherwise meet the definition of "major development" but which do not require approval under the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., are also considered major development.
A land vehicle propelled other than by muscular power, such
as automobiles, motorcycles, autocycles, and low-speed vehicles. For
the purposes of this definition, motor vehicle does not include farm
equipment, snowmobiles, all-terrain vehicles, motorized wheelchairs,
go-carts, gas buggies, golf carts, ski-slope grooming machines, or
vehicles that run only on rails or tracks.
[Added 2-10-2021 by Ord.
No. 4-21]
Any pervious or impervious surface that is intended to be
used by motor vehicles and/or aircraft and is directly exposed to
precipitation, including, but not limited to, driveways, parking areas,
parking garages, roads, racetracks, and runways.
[Added 2-10-2021 by Ord.
No. 4-21]
The City of Long Branch.
The manual maintained by the Department providing, in part, design specifications, removal rates, calculation methods, and soil testing procedures approved by the Department as being capable of contributing to the achievement of the stormwater management standards specified in this article. The BMP Manual is periodically amended by the Department, as necessary, to provide design specifications on additional best management practices and new information on already included practices reflecting the best available current information regarding the particular practice and the Department's determination as to the ability of that best management practice to contribute to compliance with the standards contained in this article. Alternative stormwater management measures, removal rates, or calculation methods may be utilized, subject to any limitations specified in this article, provided the design engineer demonstrates to the municipality, in accordance with § 300-26F of this article and N.J.A.C. 7:8-5.2(g), that the proposed measure and its design will contribute to achievement of the design and performance standards established by this article.
[Added 2-10-2021 by Ord.
No. 4-21]
An area designated by the State Planning Commission concentrating
facilities and activities which are not organized in a compact form.
A chemical element or compound, such as nitrogen or phosphorus,
which is essential to and promotes the development of organisms.
Any individual, corporation, company, partnership, firm,
association, 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.
Any dredged spoil, solid waste, incinerator residue, filter
backwash, sewage, garbage, refuse, oil, grease, sewage sludge, munitions,
chemical wastes, biological materials, medical wastes, radioactive
substance [except those regulated under the Atomic Energy Act of 1954,
as amended (42 U.S.C. 2011 et seq.)], thermal waste, wrecked or discarded
equipment, rock, sand, cellar dirt, industrial, municipal, agricultural,
and construction waste or runoff, or other residue discharged directly
or indirectly to the land, groundwaters or surface waters of the state,
or to a domestic treatment works. "Pollutant" includes both hazardous
and nonhazardous pollutants.
The amount of water from precipitation that infiltrates into
the ground and is not evapotranspired.
Any of the following, alone or in combination:
[Added 2-10-2021 by Ord.
No. 4-21]
A net increase of impervious surface;
The total area of impervious surface collected by a new stormwater
conveyance system (for the purpose of this definition, a "new stormwater
conveyance system" is a stormwater conveyance system that is constructed
where one did not exist immediately prior to its construction or an
existing system for which a new discharge location is created);
The total area of impervious surface proposed to be newly collected
by an existing stormwater conveyance system; and/or
The total area of impervious surface collected by an existing
stormwater conveyance system where the capacity of that conveyance
system is increased.
Any of the following, alone or in combination:
[Added 2-10-2021 by Ord.
No. 4-21]
The total area of motor vehicle surface that is currently receiving
water;
A net increase in motor vehicle surface; and/or
Quality treatment either by vegetation or soil, by an existing
stormwater management measure, or by treatment at a wastewater treatment
plant, where the water quality treatment will be modified or removed.
Solid material, mineral or organic, that is in suspension,
is being transported, or has been moved from its site of origin by
air, water or gravity as a product of erosion.
The lot or lots upon which a major development is to occur
or has occurred.
All unconsolidated mineral and organic material of any origin.
An area delineated on the State Plan Policy Map and adopted
by the State Planning Commission that is intended to be the focus
for much of the state's future redevelopment and revitalization efforts.
The geographic application of the State Development and Redevelopment
Plan's goals and statewide policies, and the official map of these
goals and policies.
Water resulting from precipitation (including rain and snow)
that runs off the land's surface, is transmitted to the subsurface,
or is captured by separate storm sewers or other sewage or drainage
facilities, or conveyed by snow removal equipment.
An excavation or embankment and related areas designed to
retain stormwater runoff. A stormwater management basin may either
be normally dry (that is, a detention basin or infiltration basin),
retain water in a permanent pool (a retention basin), or be planted
mainly with wetland vegetation (most constructed stormwater wetlands).
Any structural or nonstructural strategy, practice, technology,
process, program, or other method intended to control or reduce stormwater
runoff and associated pollutants, or to induce or control the infiltration
or groundwater recharge of stormwater or to eliminate illicit or illegal
nonstormwater discharges into stormwater conveyances.
A public body authorized by legislation to prepare stormwater
management plans.
[Added 2-10-2021 by Ord.
No. 4-21]
The geographic area for which a stormwater management planning
agency is authorized to prepare stormwater management plans, or a
specific portion of that area identified in a stormwater management
plan prepared by that agency.
[Added 2-10-2021 by Ord.
No. 4-21]
Water flow on the surface of the ground or in storm sewers,
resulting from precipitation.
A flood hazard area in which the flood elevation resulting
from the two-, ten-, or 100-year storm, as applicable, is governed
by tidal flooding from the Atlantic Ocean. Flooding in a tidal flood
hazard area may be contributed to, or influenced by, stormwater runoff
from inland areas, but the depth of flooding generated by the tidal
rise and fall of the Atlantic Ocean is greater than flooding from
any fluvial sources. In some situations, depending upon the extent
of the storm surge from a particular storm event, a flood hazard area
may be tidal in the 100-year storm, but fluvial in more frequent storm
events.
[Amended 2-10-2021 by Ord. No. 4-21]
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.
The sum of dissolved and undissolved solids and particulate
matter of a buoyancy and/or specific gravity that prohibits their
settling in runoff.
A neighborhood given priority access to state resources through
the New Jersey Redevelopment Authority.
A zone designated by the New Jersey Enterprise Zone Authority
pursuant to the New Jersey Urban Enterprise Zones Act, N.J.S.A. 52:27H-60
et seq.
Previously developed portions of areas:
A structure within, or adjacent to, a water which intentionally
or coincidentally alters the hydraulic capacity, the flood elevation
resulting from the two-, ten-, or 100-year storm, flood hazard area
limit, and/or floodway limit of the water. Examples of a water control
structure may include a bridge, culvert, dam, embankment, ford (if
above grade), retaining wall, and weir.
[Added 2-10-2021 by Ord.
No. 4-21]
The ocean and its estuaries, all springs, streams, wetlands,
and bodies of surface or groundwater, whether natural or artificial,
within the boundaries of the State of New Jersey or subject to its
jurisdiction.
An area that is inundated or saturated by surface water or
groundwater at a frequency and duration sufficient to support, and
that under normal circumstances does support, a prevalence of vegetation
typically adapted for life in saturated soil conditions, commonly
known as "hydrophytic vegetation."
[Amended 2-10-2021 by Ord. No. 4-21]
A.
Stormwater management measures for major development shall be developed
to meet the erosion control, groundwater recharge, stormwater runoff
quantity, and stormwater runoff quality standards as follows:
(1)
The minimum 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 at N.J.A.C. 2:90.
(2)
The minimum standards for groundwater recharge, stormwater quality,
and stormwater runoff quantity shall be met by incorporating green
infrastructure.
B.
The standards in this 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.
C.
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 P, Q, and R:
[Amended 2-10-2021 by Ord. No. 4-21]
(1)
The construction of an underground utility line, provided that the
disturbed areas are revegetated upon completion;
(2)
The construction of an aboveground utility line, provided that the
existing conditions are maintained to the maximum extent practicable;
and
(3)
The construction of a public pedestrian access, such as a sidewalk
or trail with a maximum width of 14 feet, provided that the access
is made of permeable material.
D.
A waiver from strict compliance from the green infrastructure, groundwater recharge, stormwater runoff quantity, and stormwater runoff quality requirements of Subsections O, P, Q, and R may be obtained for the enlargement of an existing public roadway or railroad; or the construction or enlargement of a public pedestrian access, provided that the following conditions are met:
[Amended 2-10-2021 by Ord. No. 4-21]
(1)
The applicant demonstrates that there is a public need for the project
that cannot be accomplished by any other means;
(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 O, P. Q, and R that were not achievable on site.
E.
Nonstructural stormwater management strategies. Table 1 through 3 below summarize the ability of stormwater best management practices identified and described in the New Jersey Stormwater Best Management Practices Manual to satisfy the green infrastructure, groundwater recharge, stormwater runoff quality and stormwater runoff quantity standards specified in Subsections O, P, Q, and R. When designed in accordance with the most current version of the New Jersey Stormwater Best Management Practices Manual, the stormwater management measures found at N.J.A.C. 7:8-5.2(f), Tables 5-1, 5-2 and 5-3, and listed below in Tables 1, 2 and 3 are presumed to be capable of providing stormwater controls for the design and performance standards as outlined in the tables below. Upon amendments of the New Jersey Stormwater Best Management Practices to reflect additions or deletions of BMPs meeting these standards, or changes in the presumed performance of BMPs designed in accordance with the New Jersey Stormwater BMP Manual, the Department shall publish in the New Jersey registers a notice of administrative change revising the applicable table. The most current version of the BMP Manual can be found on the Department's website at https://njstormwater.org/bmp_manual2.htm.
[Amended 2-10-2021 by Ord. No. 4-21]
F.
Where the BMP tables in the New Jersey Stormwater Management Rule
are different due to updates or amendments with the tables in this
article, the BMP tables in the Stormwater Management Rule at N.J.A.C.
7:8-5.2(f) shall take precedence.
[Amended 2-10-2021 by Ord. No. 4-21]
|
Table 1
Green Infrastructure BMPs for Groundwater Recharge, Stormwater
Runoff Quality, and/or Stormwater Runoff Quantity
| ||||
|---|---|---|---|---|
|
Best Management Practice
|
Stormwater Runoff Quality TSS Removal Rate
|
Stormwater Runoff Quantity
|
Groundwater Recharge
|
Minimum Separation from Seasonal High-Water Table
(feet)
|
|
Cistern
|
0%
|
Yes
|
No
|
—
|
|
Dry well(a)
|
0%
|
No
|
Yes
|
2
|
|
Grass swale
|
50% or less
|
No
|
No
|
2(e)
1(f)
|
|
Green roof
|
0%
|
Yes
|
No
|
—
|
|
Manufactured treatment device(a) (g)
|
50% or 80%
|
No
|
No
|
Dependent upon the device
|
|
Pervious paving system(a)
|
80%
|
Yes
|
Yes(b)
No(c)
|
2(b)
1(c)
|
|
Small-scale bioretention basin(a)
|
80% or 90%
|
Yes
|
Yes(b)
No(c)
|
2(b)
1(c)
|
|
Small-scale infiltration basin(a)
|
80%
|
Yes
|
Yes
|
2
|
|
Small-scale sand filter
|
80%
|
Yes
|
Yes
|
2
|
|
Vegetative filter strip
|
60% to 80%
|
No
|
No
|
—
|
|
Table 2
Green Infrastructure BMPs for Stormwater Runoff Quantity
(or for Groundwater Recharge and/or Stormwater Runoff Quality
with a Waiver or Variance from N.J.A.C. 7:8-5.3)
| ||||
|---|---|---|---|---|
|
Best Management Practice
|
Stormwater Runoff Quality TSS Removal Rate
|
Stormwater Runoff Quantity
|
Groundwater Recharge
|
Minimum Separation from Seasonal High-Water Table
(feet)
|
|
Bioretention system
|
80% or 90%
|
Yes
|
Yes(b)
No(c)
|
2(b)
1(c)
|
|
Infiltration basin
|
80%
|
Yes
|
Yes
|
2
|
|
Sand filter(b)
|
80%
|
Yes
|
Yes
|
2
|
|
Standard constructed wetland
|
90%
|
Yes
|
No
|
N/A
|
|
Wet pond(d)
|
50% to 90%
|
Yes
|
No
|
N/A
|
|
Table 3
BMPs for Groundwater Recharge, Stormwater Runoff Quality, and/or
Stormwater Runoff Quantity
only with a Waiver or Variance from N.J.A.C. 7:8-5.3
| ||||
|---|---|---|---|---|
|
Best Management Practice
|
Stormwater Runoff Quality TSS Removal Rate
|
Stormwater Runoff Quantity
|
Groundwater Recharge
|
Minimum Separation from Seasonal High-Water Table
(feet)
|
|
Blue roof
|
0%
|
Yes
|
No
|
N/A
|
|
Extended detention basin
|
40% to 60%
|
Yes
|
No
|
1
|
|
Manufactured treatment device(h)
|
50% or 80%
|
No
|
No
|
Dependent upon the device
|
|
Sand filter(c)
|
80%
|
Yes
|
No
|
1
|
|
Subsurface gravel wetland
|
90%
|
No
|
No
|
1
|
|
Wet pond
|
50% to 90%
|
Yes
|
No
|
N/A
|
|
Notes to Tables 1, 2, and 3:
| |
|
(a)
|
Subject to the applicable contributory drainage area limitation specified at Subsection O(2).
|
|
(b)
|
Designed to infiltrate into the subsoil.
|
|
(c)
|
Designed with underdrains.
|
|
(d)
|
Designed to maintain at least a ten-foot-wide area of native
vegetation along at least 50% of the shoreline and to include a stormwater
runoff retention component designed to capture stormwater runoff for
beneficial reuse, such as irrigation.
|
|
(e)
|
Designed with a slope of less than 2%.
|
|
(f)
|
Designed with a slope of equal to or greater than 2%.
|
|
(g)
|
Manufactured treatment devices that meet the definition of "green infrastructure" at § 300-24.
|
|
(h)
|
Manufactured treatment devices that do not meet the definition of "green infrasture" at § 300-24.
|
G.
An alternative stormwater management measure, alternative removal rate, and/or alternative method to calculate the removal rate may be used if the design engineer demonstrates the capability of the proposed alternative stormwater management measure and/or the validity of the alternative rate or method to the municipality. A copy of any approved alternative stormwater management measure, alternative removal rate, and/or alternative method to calculate the removal rate shall be provided to the Department in accordance with § 300-28B. Alternative stormwater management measures may be used to satisfy the requirements at Subsection O only if the measures meet the definition of "green infrastructure" at § 300-24. Alternative stormwater management measures that function in a similar manner to a BMP listed at Subsection O(2) are subject to the contributory drainage area limitation specified at Subsection O(2) for that similarly functioning BMP. Alternative stormwater management measures approved in accordance with this subsection that do not function in a similar manner to any BMP listed at Subsection O(2) shall have a contributory drainage area less than or equal to 2.5 acres, except for alternative stormwater management measures that function similarly to cisterns, grass swales, green roofs, standard constructed wetlands, vegetative filter strips, and wet ponds, which are not subject to a contributory drainage area limitation. Alternative measures that function similarly to standard constructed wetlands or wet ponds shall not be used for compliance with the stormwater runoff quality standard unless a variance in accordance with N.J.A.C. 7:8-4.6 or a waiver from strict compliance in accordance with Subsection D is granted from Subsection O.
[Amended 2-10-2021 by Ord. No. 4-21]
H.
Whenever the stormwater management design includes one or more BMPs
that will infiltrate stormwater into subsoil, the design engineer
shall assess the hydraulic impact on the groundwater table and design
the site, so as to avoid adverse hydraulic impacts. Potential adverse
hydraulic impacts include, but are not limited to, exacerbating a
naturally or seasonally high-water table, so as to cause surficial
ponding, flooding of basements, or interference with the proper operation
of subsurface sewage disposal systems or other subsurface structures
within the zone of influence of the groundwater mound, or interference
with the proper functioning of the stormwater management measure itself.
[Added 2-10-2021 by Ord.
No. 4-21]
I.
Design standards for stormwater management measures are as follows:
[Added 2-10-2021 by Ord.
No. 4-21]
(1)
Stormwater management measures shall be designed to take into account
the existing site conditions, including, but not limited to, environmentally
critical areas; wetlands; flood-prone areas; slopes; depth to seasonal
high-water table; soil type, permeability, and texture; drainage area
and drainage patterns; and the presence of solution-prone carbonate
rocks (limestone);
(2)
Stormwater management measures shall be designed to minimize maintenance, facilitate maintenance and repairs, and ensure proper functioning. Trash racks shall be installed at the intake to the outlet structure, as appropriate, and shall have parallel bars with one-inch spacing between the bars to the elevation of the water quality design storm. For elevations higher than the water quality design storm, the parallel bars at the outlet structure shall be spaced no greater than 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 § 300-30C;
(3)
Stormwater management measures shall be designed, constructed, and
installed to be strong, durable, and corrosion resistant. Measures
that are consistent with the relevant portions of the Residential
Site Improvement Standards at N.J.A.C. 5:21-7.3, 5:21-7.4, and 5:21-7.5
shall be deemed to meet this requirement;
(4)
Stormwater management BMPs shall be designed to meet the minimum safety standards for stormwater management BMPs at § 300-30; and
(5)
The size of the orifice at the intake to the outlet from the stormwater
management BMP shall be a minimum of 2 1/2 inches in diameter.
J.
Manufactured treatment devices may be used to meet the requirements of this section, provided the pollutant removal rates are verified by the New Jersey Corporation for Advanced Technology and certified by the Department. Manufactured treatment devices that do not meet the definition of "green infrastructure" at § 300-24 may be used only under the circumstances described at Subsection O(4).
[Added 2-10-2021 by Ord.
No. 4-21]
K.
Any application for a new agricultural development that meets the definition of "major development" at § 300-24 shall be submitted to the soil conservation district for review and approval in accordance with the requirements at Subsections O, P, Q and R and any applicable soil conservation district guidelines for stormwater runoff quantity and erosion control. For purposes of this subsection, "agricultural development" means land uses normally associated with the production of food, fiber, and livestock for sale. Such uses do not include the development of land for the processing or sale of food and the manufacture of agriculturally related products.
[Added 2-10-2021 by Ord.
No. 4-21]
L.
If there is more than one drainage area, the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at Subsections P, Q and R shall be met in each drainage area, unless the runoff from the drainage areas converge on-site and no adverse environmental impact would occur as a result of compliance with any one or more of the individual standards being determined utilizing a weighted average of the results achieved for that individual standard across the affected drainage areas.
[Added 2-10-2021 by Ord.
No. 4-21]
M.
Any stormwater management measure authorized under the municipal stormwater management plan or ordinance shall be reflected in a deed notice recorded in the office of the Monmouth County Clerk. A form of deed notice shall be submitted to the municipality for approval prior to filing. The deed notice shall contain a description of the stormwater management measure(s) used to meet the green infrastructure, groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at Subsections O, P, Q and R and shall identify the location of the stormwater management measure(s) in NAD 1983 State Plane New Jersey FIPS 2900 US feet or latitude and longitude in decimal degrees. The deed notice shall also reference the maintenance plan required to be recorded upon the deed pursuant to § 300-32B(5). Prior to the commencement of construction, proof that the above required deed notice has been filed shall be submitted to the municipality. Proof that the required information has been recorded on the deed shall be in the form of either a copy of the complete recorded document or a receipt from the Clerk or other proof of recordation provided by the recording office. However, if the initial proof provided to the municipality is not a copy of the complete recorded document, a copy of the complete recorded document shall be provided to the municipality within 180 calendar days of the authorization granted by the municipality.
[Added 2-10-2021 by Ord.
No. 4-21]
N.
A stormwater management measure approved under the municipal stormwater management plan or ordinance may be altered or replaced with the approval of the municipality, if the municipality determines that the proposed alteration or replacement meets the design and performance standards pursuant to § 300-26 of this article and provides the same level of stormwater management as the previously approved stormwater management measure that is being altered or replaced. If an alteration or replacement is approved, a revised deed notice shall be submitted to the municipality for approval and subsequently recorded with the office of the Monmouth County Clerk and shall contain a description and location of the stormwater management measure, as well as reference to the maintenance plan, in accordance with Subsection M above. Prior to the commencement of construction, proof that the above required deed notice has been filed shall be submitted to the municipality in accordance with Subsection M above.
[Added 2-10-2021 by Ord.
No. 4-21]
O.
Green infrastructure standards.
[Added 2-10-2021 by Ord.
No. 4-21]
(1)
This subsection specifies the types of green infrastructure BMPs
that may be used to satisfy the groundwater recharge, stormwater runoff
quality, and stormwater runoff quantity standards.
(2)
To satisfy the groundwater recharge and stormwater runoff quality standards at Subsections P and Q, the design engineer shall utilize green infrastructure BMPs identified in Table 1 at Subsection F and/or an alternative stormwater management measure approved in accordance with Subsection G. The following green infrastructure BMPs are subject to the following maximum contributory drainage area limitations:
|
Best Management Practice
|
Maximum Contributory Drainage Area
(acres)
|
|---|---|
|
Dry well
|
1
|
|
Manufactured treatment device
|
2.5
|
|
Pervious pavement systems
|
Area of additional inflow cannot exceed 3 times the area occupied
by the BMP
|
|
Small-scale bioretention systems
|
2.5
|
|
Small-scale infiltration basin
|
2.5
|
|
Small-scale sand filter
|
2.5
|
(4)
If a variance in accordance with N.J.A.C. 7:8-4.6 or a waiver from strict compliance in accordance with Subsection D is granted from the requirements of this subsection, then BMPs from Table 1, 2, or 3 and/or an alternative stormwater management measure approved in accordance with Subsection G may be used to meet the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at Subsections P, Q and R.
(5)
For separate or combined storm sewer improvement projects, such as sewer separation, undertaken by a government agency or public utility (for example, a sewerage company), the requirements of this subsection shall only apply to areas owned in fee simple by the government agency or utility and areas within a right-of-way or easement held or controlled by the government agency or utility; the entity shall not be required to obtain additional property or property rights to fully satisfy the requirements of this subsection. Regardless of the amount of area of a separate or combined storm sewer improvement project subject to the green infrastructure requirements of this subsection, each project shall fully comply with the applicable groundwater recharge, stormwater runoff quality control, and stormwater runoff quantity standards at Subsections P, Q and R, unless the project is granted a waiver from strict compliance in accordance with Subsection D.
P.
Groundwater recharge standards.
[Added 2-10-2021 by Ord.
No. 4-21]
(1)
This subsection contains the minimum design and performance standards
for groundwater recharge as follows.
(2)
The design engineer shall, using the assumptions and factors for stormwater runoff and groundwater recharge calculations at § 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 post-construction
for the two-year storm is infiltrated.
(3)
This groundwater recharge requirement does not apply to projects within the urban redevelopment area, or to projects subject to Subsection P(4) below.
(4)
The following types of stormwater shall not be recharged:
(a)
Stormwater from areas of high pollutant loading. High pollutant
loading areas are areas in industrial and commercial developments
where solvents and/or petroleum products are loaded/unloaded, stored,
or applied, areas where pesticides are loaded/unloaded or stored;
areas where hazardous materials are expected to be present in greater
than "reportable quantities" as defined by the United States Environmental
Protection Agency (EPA) at 40 CFR 302.4; areas where recharge would
be inconsistent with a Department-approved remedial action work plan
or landfill closure plan and areas with high risks for spills of toxic
materials, such as gas stations and vehicle maintenance facilities;
and
(b)
Industrial stormwater exposed to source material. "Source material"
means any material(s) or machinery, located at an industrial facility,
that is directly or indirectly related to process, manufacturing or
other industrial activities, which could be a source of pollutants
in any industrial stormwater discharge to groundwater. Source materials
include, but are not limited to, raw materials; intermediate products;
final products; waste materials; by-products; industrial machinery
and fuels and lubricants, solvents, and detergents that are related
to process, manufacturing, or other industrial activities that are
exposed to stormwater.
Q.
Stormwater runoff quality standards.
[Added 2-10-2021 by Ord.
No. 4-21]
(1)
This subsection contains the minimum design and performance standards
to control stormwater runoff quality impacts of major development.
Stormwater runoff quality standards are applicable when the major
development results in an increase of 1/4 acre or more of regulated
motor vehicle surface.
(2)
Stormwater management measures shall be designed to reduce the post-construction
load of total suspended solids (TSS) in stormwater runoff generated
from the water quality design storm as follows:
(a)
80% TSS removal of the anticipated load, expressed as an annual
average shall be achieved for the stormwater runoff from the net increase
of motor vehicle surface.
(b)
If the surface is considered regulated motor vehicle surface
because the water quality treatment for an area of motor vehicle surface
that is currently receiving water quality treatment either by vegetation
or soil, by an existing stormwater management measure, or by treatment
at a wastewater treatment plant is to be modified or removed, the
project shall maintain or increase the existing TSS removal of the
anticipated load expressed as an annual average.
(3)
The requirement to reduce TSS does not apply to any stormwater runoff in a discharge regulated under a numeric effluent limitation for TSS imposed under the New Jersey Pollutant Discharge Elimination System (NJPDES) rules, N.J.A.C. 7:14A, or in a discharge specifically exempt under a NJPDES permit from this requirement. Every major development, including any that discharge into a combined sewer system, shall comply with Subsection Q(2) above, unless the major development is itself subject to an NJPDES permit with a numeric effluent limitation for TSS or the NJPDES permit to which the major development is subject exempts the development from a numeric effluent limitation for TSS.
(4)
The water quality design storm is 1.25 inches of rainfall in two
hours. Water quality calculations shall take into account the distribution
of rain from the water quality design storm, as reflected in Table
4, below. The calculation of the volume of runoff may take into account
the implementation of stormwater management measures.
|
Table 4
| |||||
|---|---|---|---|---|---|
|
Water Quality Design Storm Distribution
| |||||
|
Time
(minutes)
|
Cumulative Rainfall
(inches)
|
Time
(minutes)
|
Cumulative Rainfall
(inches)
|
Time
(minutes)
|
Cumulative Rainfall
(inches)
|
|
1
|
0.00166
|
41
|
0.1728
|
81
|
1.0906
|
|
2
|
0.00332
|
42
|
0.1796
|
82
|
1.0972
|
|
3
|
0.00498
|
43
|
0.1864
|
83
|
1.1038
|
|
4
|
0.00664
|
44
|
0.1932
|
84
|
1.1104
|
|
5
|
0.00830
|
45
|
0.2000
|
85
|
1.1170
|
|
6
|
0.00996
|
46
|
0.2117
|
86
|
1.1236
|
|
7
|
0.01162
|
47
|
0.2233
|
87
|
1.1302
|
|
8
|
0.01328
|
48
|
0.2350
|
88
|
1.1368
|
|
9
|
0.01494
|
49
|
0.2466
|
89
|
1.1434
|
|
10
|
0.01660
|
50
|
0.2583
|
90
|
1.1500
|
|
11
|
0.01828
|
51
|
0.2783
|
91
|
1.1550
|
|
12
|
0.01996
|
52
|
0.2983
|
92
|
1.1600
|
|
13
|
0.02164
|
53
|
0.3183
|
93
|
1.1650
|
|
14
|
0.02332
|
54
|
0.3383
|
94
|
1.1700
|
|
15
|
0.02500
|
55
|
0.3583
|
95
|
1.1750
|
|
16
|
0.03000
|
56
|
0.4116
|
96
|
1.1800
|
|
17
|
0.03500
|
57
|
0.4650
|
97
|
1.1850
|
|
18
|
0.04000
|
58
|
0.5183
|
98
|
1.1900
|
|
19
|
0.04500
|
59
|
0.5717
|
99
|
1.1950
|
|
20
|
0.05000
|
60
|
0.6250
|
100
|
1.2000
|
|
21
|
0.05500
|
61
|
0.6783
|
101
|
1.2050
|
|
22
|
0.06000
|
62
|
0.7317
|
102
|
1.2100
|
|
23
|
0.06500
|
63
|
0.7850
|
103
|
1.2150
|
|
24
|
0.07000
|
64
|
0.8384
|
104
|
1.2200
|
|
25
|
0.07500
|
65
|
0.8917
|
105
|
1.2250
|
|
26
|
0.08000
|
66
|
0.9117
|
106
|
1.2267
|
|
27
|
0.08500
|
67
|
0.9317
|
107
|
1.2284
|
|
28
|
0.09000
|
68
|
0.9517
|
108
|
1.2300
|
|
29
|
0.09500
|
69
|
0.9717
|
109
|
1.2317
|
|
30
|
0.10000
|
70
|
0.9917
|
110
|
1.2334
|
|
31
|
0.10660
|
71
|
1.0034
|
111
|
1.2351
|
|
32
|
0.11320
|
72
|
1.0150
|
112
|
1.2367
|
|
33
|
0.11980
|
73
|
1.0267
|
113
|
1.2384
|
|
34
|
0.12640
|
74
|
1.0383
|
114
|
1.2400
|
|
35
|
0.13300
|
75
|
1.0500
|
115
|
1.2417
|
|
36
|
0.13960
|
76
|
1.0568
|
116
|
1.2434
|
|
37
|
0.14620
|
77
|
1.0636
|
117
|
1.2450
|
|
38
|
0.15280
|
78
|
1.0704
|
118
|
1.2467
|
|
39
|
0.15940
|
79
|
1.0772
|
119
|
1.2483
|
|
40
|
0.16600
|
80
|
1.0840
|
120
|
1.2500
|
(5)
If more than one BMP in series is necessary to achieve the required
80% TSS reduction for a site, the applicant shall utilize the following
formula to calculate TSS reduction:
|
R = A + B - (A x B)/100
|
|
Where:
| ||
|
R
|
=
|
total TSS percent load removal from application of both BMPs.
|
|
A
|
=
|
the TSS percent removal rate applicable to the first BMP.
|
|
B
|
=
|
the TSS percent removal rate applicable to the second BMP.
|
(6)
Stormwater management measures shall also be designed to reduce, to the maximum extent feasible, the post-construction nutrient load of the anticipated load from the developed site in stormwater runoff generated from the water quality design storm. In achieving reduction of nutrients to the maximum extent feasible, the design of the site shall include green infrastructure BMPs that optimize nutrient removal while still achieving the performance standards in Subsection P, Q and R.
(7)
In accordance with the definition of "FW1" at N.J.A.C. 7:9B-1.4,
stormwater management measures shall be designed to prevent any increase
in stormwater runoff to waters classified as "FW1."
(8)
The Flood Hazard Area Control Act Rules at N.J.A.C. 7:13-4.1(c)(1)
establish 300-foot riparian zones along Category One waters, as designated
in the Surface Water Quality Standards at N.J.A.C. 7:9B, and certain
upstream tributaries to Category One waters. A person shall not undertake
a major development that is located within or discharges into a 300-foot
riparian zone without prior authorization from the Department under
N.J.A.C. 7:13.
(9)
Pursuant to the Flood Hazard Area Control Act Rules at N.J.A.C. 7:13-11.2(j)3i
runoff from the water quality design storm that is discharged within
a 300-foot riparian zone shall be treated in accordance with this
subsection to reduce the post-construction load of total suspended
solids by 95% of the anticipated load from the developed site, expressed
as an annual average.
(10)
These stormwater runoff quality standards do not apply to the
construction of one individual single-family dwelling, provided that
it is not part of a larger development or subdivision that has received
preliminary or final site plan approval prior to December 3, 2018,
and that the motor vehicle surfaces are made of permeable material(s)
such as gravel, dirt, and/or shells.
R.
Stormwater runoff quantity standards.
[Added 2-10-2021 by Ord.
No. 4-21]
(1)
This subsection contains the minimum design and performance standards
to control stormwater runoff quantity impacts of major development.
(2)
In order to control stormwater runoff quantity impacts, the design engineer shall, using the assumptions and factors for stormwater runoff calculations at § 300-27, complete one of the following:
(a)
Demonstrate through hydrologic and hydraulic analysis that for
stormwater leaving the site, post-construction runoff hydrographs
for the two-, ten-, and 100-year storm events do not exceed, at any
point in time, the preconstruction runoff hydrographs for the same
storm events;
(b)
Demonstrate through hydrologic and hydraulic analysis that there
is no increase, as compared to the preconstruction condition, in the
peak runoff rates of stormwater leaving the site for the two-, ten-
and 100-year storm events and that the increased volume or change
in timing of stormwater runoff will not increase flood damage at or
downstream of the site. This analysis shall include the analysis of
impacts of existing land uses and projected land uses assuming full
development under existing zoning and land use ordinances in the drainage
area;
(c)
Design stormwater management measures so that the post-construction
peak runoff rates for the two-, ten- and 100-year storm events are
50%, 75% and 80%, respectively, of the preconstruction peak runoff
rates. The percentages apply only to the post-construction stormwater
runoff that is attributable to the portion of the site on which the
proposed development or project is to be constructed; or
(d)
In tidal flood hazard areas, stormwater runoff quantity analysis in accordance with Subsection R(2)(a), (b) and (c) above is required unless the design engineer demonstrates through hydrologic and hydraulic analysis that the increased volume, change in timing, or increased rate of the stormwater runoff, or any combination of the three, will not result in additional flood damage below the point of discharge of the major development. No analysis is required if the stormwater is discharged directly into any ocean, bay, inlet, or the reach of any watercourse between its confluence with an ocean, bay, or inlet and downstream of the first water control structure.
(3)
The stormwater runoff quantity standards shall be applied at the
site's boundary to each abutting lot, roadway, watercourse, or
receiving storm sewer system.
A.
Stormwater runoff shall be calculated in accordance with the following:
(1)
The design engineer shall calculate runoff using one of the following
methods:
(a)
The USDA Natural Resources Conservation Service (NRCS) methodology, including the NRCS Runoff Equation and Dimensionless Unit Hydrograph, as described in Chapters 7, 9, 10, 15 and 16, Part 630, Hydrology National Engineering Handbook, incorporated herein by reference, as amended and supplemented. This methodology is additionally described in Technical Release 55 - Urban Hydrology for Small Watersheds (TR-55), dated June 1986, incorporated herein by reference, as amended and supplemented. Information regarding the methodology is available from the Natural Resources Conservation Service website at. https://www.nrcs.usda.gov/Internet/FSE_DOCUMENTS/stelprdb1044171.pdf or at United States Department of Agriculture Natural Resources Conservation Service, 220 Davison Avenue, Somerset, New Jersey 08873; or
[Amended 2-10-2021 by Ord. No. 4-21]
(b)
The Rational Method for peak flow and the Modified Rational
Method for hydrograph computations. The Rational and Modified Rational
Methods are described in Appendix A-9 Modified Rational Method in
the Standards for Soil Erosion and Sediment Control in New Jersey,
January 2014. This document is available from the State Soil Conservation
Committee or any of the soil conservation districts listed at N.J.A.C.
2:90-1.3(a)3. The location, address, and telephone number for each
soil conservation district is available from the State Soil Conservation
Committee, PO Box 330, Trenton, New Jersey 08625. The document is
also available at: http://www.nj.gov/agriculture/divisions/anr/pdf/2014NJSoilErosionControlStandardsCom
plete.pdf.
[Amended 2-10-2021 by Ord. No. 4-21]
(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.
[Amended 2-10-2021 by Ord. No. 4-21]
A.
Technical guidance for stormwater management measures can be found
in the documents listed below, which are available to download from
the Department's website at http://www.nj.gov/dep/stormwater/bmp_manual2.htm.
(1)
Guidelines for stormwater management measures are contained in the
New Jersey Stormwater Best Management Practices Manual, as amended
and supplemented. Information is provided on stormwater management
measures such as, but not limited to, those listed in Tables 1, 2,
and 3.
(2)
Additional maintenance guidance is available on the Department's
website at https://www.njstormwater.org/maintenance_guidance.htm.
B.
Submissions required for review by the Department should be mailed
to the Division of Water Quality, New Jersey Department of Environmental
Protection, Mail Code 401-02B, PO Box 420, Trenton, New Jersey 08625-0420.
C.
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.
[Amended 2-10-2021 by Ord. No. 4-21]
A.
Site design features identified under § 300-26F, or alternative designs in accordance with § 300-26G, to prevent discharge of trash and debris from drainage systems shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets. For purposes of this subsection, "solid and floatable materials" means sediment, debris, trash, and other floating, suspended, or settleable solids. For exemptions to this standard see § 300-29A(2) below.
(1)
Design engineers shall use one of the following grates whenever they
use a grate in pavement or another ground surface to collect stormwater
from that surface into a storm drain or surface water body under that
grate:
(a)
The New Jersey Department of Transportation (NJDOT) bicycle-safe
grate, which is described in Chapter 2.4 of the NJDOT Bicycle Compatible
Roadways and Bikeways Planning and Design Guidelines; or
(b)
A different grate, if each individual clear space in that grate
has an area of no more than 7.0 square inches, or is no greater than
0.5 inch across the smallest dimension. Examples of grates subject
to this standard include grates in grate inlets, the grate portion
(non-curb-opening portion) of combination inlets, grates on storm
sewer manholes, ditch grates, trench grates, and grates of spacer
bars in slotted drains. Examples of ground surfaces include surfaces
of roads (including bridges), driveways, parking areas, bikeways,
plazas, sidewalks, lawns, fields, open channels, and stormwater system
floors used to collect stormwater from the surface into a storm drain
or surface water body.
(c)
For curb-opening inlets, including curb-opening inlets in combination
inlets, the clear space in that curb opening, or each individual clear
space if the curb opening has two or more clear spaces, shall have
an area of no more than 7.0 square inches, or be no greater than 2.0
inches across the smallest dimension.
(2)
The standard in Subsection A(1) above does not apply:
(a)
Where each individual clear space in the curb opening in an
existing curb-opening inlet does not have an area of more than 9.0
square inches;
(b)
Where the municipality agrees that the standards would cause
inadequate hydraulic performance that could not practicably be overcome
by using additional or larger storm drain inlets;
(c)
Where flows from the water quality design storm as specified
in N.J.A.C. 7:8 are conveyed through any device (e.g., end of pipe
netting facility, manufactured treatment device, or a catch basin
hood) that is designed, at a minimum, to prevent delivery of all solid
and floatable materials that could not pass through one of the following:
[1]
A rectangular space 4 5/8 (4.625) inches long and 1 1/2
(1.5) inches wide (this option does not apply for outfall netting
facilities); or
[2]
A bar screen having a bar spacing of 0.5 inch. Note that these
exemptions do not authorize any infringement of requirements in the
Residential Site Improvement Standards for bicycle-safe grates in
new residential development (N.J.A.C. 5:21-4.18(b)2 and 5:21-7.4(b)1).
(d)
Where flows are conveyed through a trash rack that has parallel
bars with one-inch spacing between the bars, to the elevation of the
water quality design storm as specified in N.J.A.C. 7:8; or
(e)
Where the New Jersey Department of Environmental Protection
determines, pursuant to the New Jersey Register of Historic Places
Rules at N.J.A.C. 7:4-7.2(c), that action to meet this standard is
an undertaking that constitutes an encroachment or will damage or
destroy the New Jersey Register-listed historic property.
A.
This section sets forth requirements to protect public safety through
the proper design and operation of stormwater management basins. This
section applies to any new stormwater management basin.
B.
The provisions of this section are not intended to preempt more stringent municipal or county safety requirements for new or existing stormwater management BMPs. Municipal and county stormwater management plans and ordinances may, pursuant to their authority, require existing stormwater management BMPs to be retrofitted to meet one or more of the safety standards in § 300-30C(1), (2), and (3) for trash racks, overflow grates, and escape provisions at outlet structures.
[Amended 2-10-2021 by Ord. No. 4-21]
C.
Requirements for trash racks, overflow grates and escape provisions.
[Amended 2-10-2021 by Ord. No. 4-21]
(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 D, 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 E 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.
D.
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.
[Amended 2-10-2021 by Ord. No. 4-21]
E.
Illustration of safety ledges in a new stormwater management basin.
[Added 2-10-2021 by Ord.
No. 4-21]
 |
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.
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.
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. The plan shall contain information on BMP location, design, ownership, maintenance tasks and frequencies, and other details as specified in Chapter 8 of the New Jersey BMP Manual, as well as the tasks specific to the type of BMP, as described in the applicable chapter containing design specifics.
[Amended 2-10-2021 by Ord. No. 4-21]
(3)
If the maintenance plan identifies a person other than the property
owner (for example, a developer, a public agency or homeowners'
association) as having the responsibility for maintenance, the plan
shall include documentation of such person's or entity's
agreement to assume this responsibility, or of the owner's obligation
to dedicate a stormwater management facility to such person under
an applicable ordinance or regulation.
[Amended 2-10-2021 by Ord. No. 4-21]
(4)
Responsibility for maintenance shall not be assigned or transferred
to the owner or tenant of an individual property in a residential
development or project, unless such owner or tenant owns or leases
the entire residential development or project. The individual property
owner may be assigned incidental tasks, such as weeding of a green
infrastructure BMP, provided the individual agrees to assume these
tasks; however, the individual cannot be legally responsible for all
of the maintenance required.
[Amended 2-10-2021 by Ord. No. 4-21]
(5)
If the person responsible for maintenance identified under Subsection B(3) 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.
[Amended 2-10-2021 by Ord. No. 4-21]
(6)
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.
[Amended 2-10-2021 by Ord. No. 4-21]
(7)
The party responsible for maintenance identified under Subsection B(3) above shall perform all of the following requirements:
[Amended 2-10-2021 by Ord. No. 4-21]
(a)
Maintain a detailed log of all preventative and corrective maintenance
for the structural stormwater management measures incorporated into
the design of the development, including a record of all inspections
and copies of all maintenance-related work orders;
(b)
Evaluate the effectiveness of the maintenance plan at least
once per year and adjust the plan and the deed as needed; and
(8)
The person responsible for maintenance identified under Subsection B(3) 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.
[Amended 2-10-2021 by Ord. No. 4-21]
(9)
The person responsible for maintenance identified under Subsection B(3) 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(7) and (8) within 10 days of such a request.
[Amended 2-10-2021 by Ord. No. 4-21]
(10)
The requirements of § 300-32B(3) and (4) do not apply to stormwater management facilities that are dedicated to and accepted by the municipality or another governmental agency, subject to all applicable municipal stormwater general permit conditions, as issued by the Department.
[Amended 2-10-2021 by Ord. No. 4-21]
(11)
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.
[Added 2-10-2021 by Ord.
No. 4-21]
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.
