[Amended 5-24-2006 by Ord. No. 2006-003; 2-17-2021 by Ord. No. 2021-005]
All terms in this section shall be defined in the NJDEP Stormwater
Rule (N.J.A.C. 7:8, et seq.). The following additional terms are defined
for this chapter only.
Any development that creates an increase of less than 500
square feet of impervious area and disturbs less than 2,500 square
feet of land. Further, an exempt development shall not meet the definition
of "minor development."
Any 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 conditions in 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.”
Any development that results in the creation of an increase
of 500 square feet or more of impervious area or one that disturbs
more than 2,500 square feet of land area. Further, a minor development
shall not meet the definition of "major development."
A.
Exempt
developments. Any project meeting the definition of "exempt development"
shall be exempt from the provisions of this section.
B.
Minor
developments. Minor developments shall be designed to include the
following stormwater management measures:
(1)
Water
quality. Soil erosion and sediment control measures shall be installed
in accordance with the Standards for Soil Erosion and Sediment Control
in New Jersey.
(2)
Rate/volume
control. Seepage pits or other infiltration measures shall be provided
with a capacity of three inches of runoff for each square foot of
new impervious area. Stone used in the infiltration devices shall
be 2 1/2 inches clean stone and design void ratio of 33% shall
be used. The infiltration measures shall be designed with an overflow
to the surface which shall be stabilized and directed to an existing
stormwater conveyance system or in a manner to keep the overflow on
the developed property to the greatest extent feasible. If the new
impervious surface is not roof area, an equivalent area of existing
roof may be directed to the infiltration system. This shall be permitted
where the existing roof is not already directed to infiltration devices.
C.
Major
developments. All major developments shall have their stormwater management
designed in accordance with the Residential Site Improvement Standards
(RSIS, N.J.A.C. 5:21) and the NJDEP Stormwater Rule (N.J.A.C. 7:8).
These standards shall apply to all projects, residential and nonresidential
as well as projects by the Township, Board of Education and other
agencies subject to review by the Township.
A.
Standards for relief. Waivers from strict compliance
with the major development design standards shall only be granted
upon showing that meeting the standards would result in an exceptional
hardship on the applicant or that the benefits to the public good
of the deviation from the standards would outweigh any detriments
of the deviation. A hardship will not be considered to exist if reasonable
reductions in the scope of the project would eliminate the noncompliance.
B.
Mitigation. If the reviewing agency for the project
determines that a waiver is appropriate, the applicant must execute
a mitigation plan. The scope of the mitigation plan shall be commensurate
with the size of the project and the magnitude of the relief required.
The mitigation project may be taken from the list of projects in the
Municipal Stormwater Management Plan. All mitigation projects are
subject to the approval of the Township Engineer.
C.
Reviewing
agency. All applications subject to the review of the Land Use Board
shall be reviewed by the Board concurrently with subdivision or site
plan review. Applications not subject to Land Use Board review shall
be reviewed by the Township Engineer.
D.
Appeals.
The appeal of the determination of the Township Engineer shall be
made in accordance with N.J.S.A. 40:55D-70a.
There shall be no additional fees for stormwater review for
applications to the Land Use Board. Minor development applications
to the Township Engineer shall be accompanied by a review fee in the
amount of $250. Major development applications shall be accompanied
by a review fee in the amount of $1,000. If a project is approved,
an inspection escrow deposit shall be made in an amount to be determined
by the Township Engineer.
B.
General maintenance.
(1)
The
design engineer shall prepare a maintenance plan for the stormwater
management measures incorporated into the design of a major development.
(2)
The
maintenance plan shall contain specific preventative maintenance tasks
and schedules; cost estimates, including estimated cost of sediment,
debris, or trash removal; and the name, address, and telephone number
of the person or persons responsible for preventative and corrective
maintenance (including replacement). Maintenance guidelines for stormwater
management measures are available in the New Jersey Stormwater Best
Management Practices Manual. If the maintenance plan identifies a
person other than the developer (for example, a public agency or homeowners'
association) as having the responsibility for maintenance, the plan
shall include documentation of such person's agreement to assume this
responsibility, or of the developer's obligation to dedicate a stormwater
management facility to such person under an applicable ordinance or
regulation.
(3)
Responsibility
for maintenance shall not be assigned or transferred to the 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.
(4)
If the person responsible for maintenance identified under § 470-77B(2) above is not a public agency, the maintenance plan and any future revisions based on § 470-77B(7) below shall be recorded upon the deed of record for each property on which the maintenance described in the maintenance plan must be undertaken.
(5)
Preventative
and corrective maintenance shall be performed to maintain the function
of the stormwater management measure, including repairs or replacement
to the structure; removal of sediment, debris, or trash; restoration
of eroded areas; snow and ice removal; fence repair or replacement;
restoration of vegetation; and repair or replacement of nonvegetated
linings.
(6)
The person responsible for maintenance identified under § 470-77B(2) above shall maintain a detailed log of all preventative and corrective maintenance for the structural stormwater management measures incorporated into the design of the development, including a record of all inspections and copies of all maintenance-related work orders.
(7)
The person responsible for maintenance identified under § 470-77B(2) above shall evaluate the effectiveness of the maintenance plan at least once per year and adjust the plan and the deed as needed.
(8)
The person responsible for maintenance identified under § 470-77B(2) above shall retain and make available, upon request by any public entity with administrative, health, environmental, or safety authority over the site, the maintenance plan and the documentation required by § 470-77B(6) and (7) above.
(9)
The requirements of § 470-77B(3) and (4) do not apply to stormwater management facilities that are dedicated to and accepted by the municipality or another governmental agency.
(10)
In the event that the stormwater management
facility becomes a danger to public safety or public health, or if
it is in need of maintenance or repair, the municipality shall so
notify the responsible person in writing. Upon receipt of that notice,
the responsible person shall have 14 days to effect maintenance and
repair of the facility in a manner that is approved by the Municipal
Engineer or his designee. The municipality, in its discretion, may
extend the time allowed for effecting maintenance and repair for good
cause. If the responsible person fails or refuses to perform such
maintenance and repair, the municipality or county may immediately
proceed to do so and shall bill the cost thereof to the responsible
person.
C.
Nothing
in this section shall preclude the municipality in which the major
development is located from requiring the posting of a performance
or maintenance guarantee in accordance with N.J.S.A. 40:55D-53.
Any person who erects, constructs, alters, repairs, converts,
maintains, or uses any building, structure or land in violation of
this chapter shall be subject to one or more of the following penalties:
imprisonment for a term not exceeding 90 days; a fine not exceeding
$2,000; and a period of community service not to exceed 90 days.
This chapter shall take effect March 2, 2021.
