[Adopted 9-5-2006; amended in its entirety 9-8-2008 by Ord. No. O-08-021]
A.Â
Policy statement.
(1)Â
The United States Environmental Protection Agency (EPA) mandated that all states enact regulations to address the negative impacts of stormwater runoff on the nation's streams and water resources. The State of New Jersey adopted new regulations at the direction of the EPA. Under these state regulations, all municipalities in the state must implement these stormwater regulations through local ordinance(s) by April 2006. This article is intended to implement these regulations.
(2)Â
The purpose of this article is to control stormwater from new "major development" and not to regulate preexisting development. "Major development," under the terms of this article, means any development that provides for ultimately disturbing one or more acres of soil on a development site and/or any development that provides an additional 1/4 acre of impervious surface on a development site.
(3)Â
Flood control, groundwater recharge, and pollutant reduction through nonstructural or low-impact techniques shall be employed before relying on structural best management practices (BMPs) for stormwater, prepared by the New Jersey Department of Environmental Protection. Structural BMPs should be integrated with nonstructural stormwater management strategies and proper maintenance plans. Nonstructural strategies include both environmentally sensitive site design and source controls that prevent pollutants from being placed on the site or from being exposed to stormwater. Source control plans should be developed based upon physical site conditions and the origin, nature, and the anticipated quantity or amount of potential pollutants. Multiple stormwater management BMPs may be necessary to achieve the established performance standards for water quality, quantity, and groundwater recharge.
B.Â
Purpose. The purpose of this article is to establish minimum stormwater management requirements and controls for major development and to reduce the amount of nonpoint source pollution entering surface and ground waters. This article guides new development in a matter that is proactive and minimizes harmful impacts to natural resources. Specifically, this article shall:
(1)Â
Reduce flood damages to protect public health, life and property;
(2)Â
Minimize increased stormwater runoff rates and volumes;
(3)Â
Minimize the deterioration of existing structures that would result from increased rates of stormwater runoff;
(4)Â
Induce water recharge into the ground wherever suitable infiltration, soil permeability, and favorable geological conditions exist;
(5)Â
Prevent an increase in nonpoint source pollution;
(6)Â
Maintain the integrity and stability of stream channels and buffers for their ecological functions, as well as for drainage, the conveyance of floodwater, and other purposes;
(7)Â
Control and minimize soil erosion and the transport of sediment;
(8)Â
Minimize public safety hazards at any stormwater detention facility constructed pursuant to subdivision or site plan approval;
(9)Â
Maintain adequate base flow and natural flow regimes in all streams and other surface water bodies to protect the aquatic ecosystem;
(10)Â
Protect all surface water resources from degradation;
(11)Â
Protect groundwater resources from degradation and diminution; and
(12)Â
Ensure that any additional 1/4 acre of impervious surface complies with this article.
C.Â
Applicability.
(1)Â
This article shall be applicable to site plans and subdivisions, considered individually and/or cumulatively, as of the date of adoption of this article, for the following major developments:
(a)Â
Nonresidential major developments.
(b)Â
Aspects of residential major developments that are not preempted by the Residential Site Improvement Standards (RSIS) at N.J.A.C. 5:21.
(c)Â
Residential development that meets the definition of "major development," as defined in this article, i.e., any "development" that provides for ultimately disturbing one or more acres of soil and/or any development that provides an additional 1/4 acre of impervious surface on a development site.
(d)Â
Any agricultural or horticultural development that meets the definition of "major development" under N.J.A.C. 7:8.
(2)Â
This article shall also be applicable to all major developments undertaken by Hillside Township.
D.Â
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 the minimum requirements for the promotion of the public health, safety and general welfare. This article shall be construed to assure consistency with the requirements of New Jersey laws and acts amendatory thereof or supplementary thereto, applicable implementing regulations, and any existing or future municipal NJPDES permits and any amendments or revisions thereto or reissuance thereof. This article is not intended to interfere with, abrogate, or annul any other ordinance, rule or regulation, statute, or other provisions of law except that, where any provision of this article, 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 and other state sources.
Construction and/or land uses normally associated with the production of food, fiber and livestock for sale. Such uses do not include the development of land for processing or sale of food and the manufacturing of agriculturally related products.
"New Jersey Stormwater Best Management Practices Manual," adopted by the New Jersey Department of Environmental Protection ("Department") originally in February 2004, as updated and revised. Consult www.njstormwater.org for this manual and other pertinent information.
Those waters designated in the tables in N.J.A.C. 7:9B-1.15(c) through (h), for purposes of implementing the antidegradation policies set forth in N.J.A.C. 7:9B-1.5(d), for protection from measurable changes in water quality characteristics because of their clarity, color, scenic setting, other characteristics of aesthetic value, exceptional ecological significance, exceptional recreational significance, exceptional water supply significance, or exceptional fisheries resource(s).
The increase in soil bulk density.
A pedestrian-oriented area of commercial and civic uses serving the surrounding municipality, generally including housing and access to public transportation.
An agency designated by the County Board of Chosen Freeholders to review municipal stormwater management plans and implementing ordinance(s). The county review agency may either be:
The New Jersey Department of Environmental Protection.
A State Development and Redevelopment Plan Center as designated by the State Planning Commission, such as urban, regional, town, village, or hamlet.
A person professionally qualified and duly licensed in New Jersey to perform engineering services that may include, but not necessarily be limited to, development of project requirements, creation and development of project design and preparation of drawings and specifications.
The division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or structure, any mining excavation or landfill, and any use or change in the use of any building or other structure, or land or extension of use of land, by any person, for which permission is required under 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 Development Board (CADB) 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.
Any activity including the clearing, excavating, storing, grading, filling, or transportation of soil or any other activity that causes soil to be exposed to the danger of erosion.
A geographic area within which stormwater, sediments, or dissolved materials drain to a particular receiving water body or to a particular point along a receiving water body.
An area or feature which is of significant environmental value, including but not limited to stream corridors; natural heritage priority sites; habitat of endangered or threatened species; large areas of contiguous open space or upland forest; steep slopes; and wellhead protection and groundwater recharge areas. Habitats of endangered or threatened species are identified using the Department's Landscape Project as approved by the Department's Endangered and Nongame Species Program.
The detachment and movement of soil or rock fragments by water, wind, ice or gravity.
A body of water below the surface of the land in a zone of saturation where the spaces between the soil or geological materials are fully saturated with water.
A watershed as defined by the United States Geological Survey with a fourteen-digit identifier; a subwatershed.
A surface that has been covered with a layer of material so that it is highly resistant of infiltration by water.
The process by which water seeps into the soil from precipitation.
Any "development" that provides for ultimately disturbing the soil on one or more acres of land and/or any development that provides an additional 1/4 acre of impervious surface on a development site. This definition applies consistently to the term "major development" as used throughout this article. (Note: "Major development," for purposes of this article, is not identical to the definition in the Municipal Land Use Law or local zoning ordinances.)
Compliance with the specific objective to the greatest extent possible taking into account equitable considerations and competing factors, including but not limited to environmental benefits, pollutant removal effectiveness, regulatory compliance, ability to implement given site-specific environmental conditions, cost and technical or engineering feasibility.
Any city, borough, town, township, or village.
An area designated by the State Planning Commission concentrating facilities and activities that are not organized in a compact form.
Techniques that control or reduce stormwater runoff in the absence of stormwater structures (e.g., basins and piped conveyances), such as minimizing slopes, utilizing native vegetation, minimizing turf grass lawns, increasing time of concentration and maintaining and enhancing natural drainage features and characteristics.
A chemical substance and/or compound, such as nitrate or phosphate, organic materials, etc., which is essential to and promotes the development of organisms.
Any individual(s), corporation, company, partnership, firm, association, Township of Hillside, 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 substances [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, residential, 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 (including evaporated or transpired).
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.
Sediment, debris, trash, and other floating or suspended solids.
Water bodies receiving special protections due to their drinking water status or role as high-quality habitat for threatened and endangered species or species of commercial or recreational importance. This includes waterways so designated through the New Jersey Stormwater Management Rules (N.J.A.C. 7:8) because of exceptional ecological significance, exceptional water supply significance, exceptional recreational significance, exceptional shellfish resource, or exceptional fisheries resource. Waters so designated are protected by a three-hundred-foot buffer extending on either side of the waterway measured perpendicular from top-of-bank or center of channel for waterways lacking a define top-of-bank; see the definition of "Category One Waters or C-1 Waters."
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.
The person(s) designated by the governing body to review all development applications for compliance with federal, state, and local stormwater control and stormwater management requirements. Unless a different officer is appointed by the Township Council, the Township Public Work Director shall serve as the Stormwater Coordinator.
An excavation or embankment and related areas designated 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, to induce or control the infiltration or groundwater recharge of stormwater or to eliminate illicit or illegal nonstormwater discharges into stormwater conveyances.
Stormwater flow on the surface or in the storm sewers, resulting from precipitation.
A stormwater management measure that involves control of concentrated stormwater runoff or infiltration such as stormwater basins, piped conveyance systems and manufactured stormwater devices, and can include various types of basins, filters, surfaces, and devices located on individual lots in a residential development or throughout a commercial, industrial, or institutional development site in areas not typically suited for larger, centralized structural facilities.
Those species whose prospects for survival in New Jersey are in immediate danger because of loss or change in habitat, overexploitation, predation, competition, disease, disturbance or contamination. Assistance is needed to prevent future extinction in New Jersey and those which may become endangered if conditions surrounding them begin to or continue to deteriorate. This definition includes protection of habitats of these species.
A flood hazard area which may be influenced by stormwater runoff from inland areas but which is primarily caused by the Atlantic Ocean.
Total suspended solids (TSS) are those solids in water that can be separated from water by man-made or natural filtration or by centrifuging. TSS can include a wide variety of material, such as soil, decaying plant and animal matter, as well as organic and nonorganic matter.
Plant life and plant cover in soil, but not lawns. A suggested list of native and noninvasive species appropriate for use for purposes of this article is attached as Appendix A.[1] This is not exclusive. In addition, the terms "vegetation" and/or "vegetative buffer" are meant to be consistent with other NJDEP definitions, i.e., contained in the Freshwater Wetlands Regulations, etc., derived from the New Jersey Stormwater Best Management Practices Manual, Chapter 7, Tables 7-9 and 7-10.
The ocean and its estuaries, all springs, streams, wetlands, and bodies of surface water 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."
[1]
Editor's Note: Appendix A is on file in the Township offices.
A.Â
Design and performance standards for stormwater management measures.
(1)Â
Stormwater management measures for major development shall be developed to meet the erosion control, groundwater recharge, stormwater runoff quantity, and stormwater runoff quality standards in § 188-71. To the maximum extent practicable, these standards shall be met by incorporating nonstructural stormwater management strategies into the design. If these strategies alone are not sufficient to meet these standards, structural stormwater management measures necessary to meet these standards shall be incorporated into the design.
(2)Â
Apply only to new major development and are intended to minimize the impact of stormwater runoff on quality and quantity of water in receiving water bodies and to maintain groundwater recharge.
(3)Â
Do not apply to a 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.
A.Â
The development shall incorporate a maintenance plan for the stormwater management measures incorporated into the design of a major development in accordance with § 188-77.
B.Â
Stormwater management measures shall avoid adverse impacts of concentrated flow on habitat for threatened and endangered species as documented in the Department's Landscape Project or Natural Heritage Database established under N.J.S.A. 13:1B-15.147 through 15.150, particularly Helonias bullata (swamp pink) and/or Clemmys muhlenbergii (bog turtle).
C.Â
The following linear development projects are exempt from the groundwater recharge, stormwater runoff quantity, and stormwater runoff quality requirements of Subsection F and G:
(1)Â
The construction of an underground utility line, provided that the disturbed areas are revegetated upon completion;
(2)Â
The construction of an aboveground utility line, provided that the existing conditions are maintained to the maximum extent practicable; and
(3)Â
The construction of a public pedestrian access, such as a sidewalk or trail with a maximum width of eight feet, provided that the access is made of permeable material.
D.Â
A waiver by the Planning Board, upon concurrence by the Stormwater Coordinator, from strict compliance from the groundwater recharge, stormwater runoff quantity, and stormwater runoff quality requirements of Subsections F and G may be obtained for the enlargement of an existing public roadway or railroad, or the construction or enlargement of a public pedestrian access, provided that the following conditions are met:
(1)Â
The applicant demonstrates that there is a public need for the project that cannot be accomplished by any other means; and
(4)Â
The applicant demonstrates that it does not own or have other rights to areas, including the potential to obtain through purchase or condemnation lands not falling under Subsection D(3) above within the upstream drainage area of the receiving stream, that would provide additional opportunities to mitigate the requirements of Subsections F and G that were not achievable on site.
E.Â
Nonstructural stormwater management strategies.
(1)Â
To the maximum extent practicable, the standards in Subsections F and G shall be met by incorporating nonstructural stormwater management strategies set forth at Subsection E into the design. The applicant shall identify the nonstructural measures incorporated into the design of the project. If the applicant contends that is it not feasible for engineering, environmental, or safety reasons to incorporate any nonstructural stormwater management measures identified in Subsection E(2) below into the design of a particular project, the applicant shall identify the strategy considered and provide a basis for the contention, subject to approval by the Stormwater Coordinator.
(2)Â
Nonstructural stormwater management strategies incorporated into site design shall:
(a)Â
Protect areas that provide water quality benefits or areas particularly susceptible to erosion and sediment loss.
(b)Â
Minimize impervious surfaces and break up or disconnect the flow of runoff over impervious surfaces.
(c)Â
Maximize the protection of natural drainage features and vegetation.
(d)Â
Minimize the decrease in the "time of concentration" from pre-construction to post-construction. "Time of concentration" is defined as the time it takes for runoff to travel from the hydraulically most distant point of the watershed to the point of interest within a watershed.
(e)Â
Minimize land disturbance, including clearing and grading.
(f)Â
Minimize soil compaction.
(g)Â
Provide low-maintenance landscaping that encourages retention and planting of native vegetation and minimizes the use of lawns, fertilizers, and pesticides.
(h)Â
Provide vegetated open-channel conveyance systems discharging into and through stable vegetated areas.
(i)Â
Provide other source controls to prevent or minimize the use or exposure of pollutants at the site, in order to prevent or minimize the release of those pollutants into stormwater runoff. Such source controls can include, but are not limited to:
[1]Â
Site design features that help to prevent accumulation of trash and debris in drainage systems, including features that satisfy Subsection E(3) below;
[2]Â
Site design features that help to prevent discharge of trash and debris from drainage systems;
[3]Â
Site design features that help to prevent and/or contain spills or other harmful accumulations of pollutants at industrial or commercial developments; and
[4]Â
When establishing vegetation after land disturbance, prior to applying fertilizer in accordance with the requirements established under Soil Erosion and Sediment Control Act, N.J.S.A. 4:24-39 et seq., soil tests must be conducted onsite to determine the type and quantity of fertilizer required.
(3)Â
Site design features identified under Subsection E(2)(i)[2] above shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets. For exemptions to this standard, see Subsection E(3)(c) below.
(a)Â
Grates.
[1]Â
Design engineers shall use either of the following grates to collect stormwater from a surface water body under that grate:
[a]Â
The New Jersey Department of Transportation (NJDOT) bicycle safe grate, which is described in Chapter 2.4 of the NJDOT Bicycle Compatible Roadways and Bikeways Planning and Design Guidelines (April 1996); or
[b]Â
A different grate, if each individual clear space in that grate has an area of no more than seven square inches or is no greater that 0.5 inch across the smallest dimension.
[2]Â
Examples of grates subject to this standard include grates in grate inlets, the grate portion (non-curb-opening portion) of combination inlets, grates on storm sewer manholes, ditch grates, trench grates, and grates of spacer bars in slotted drains. Examples of ground surfaces include surfaces of roads (including bridges), driveways, parking areas, bikeways, plazas, sidewalks, lawns, fields, open channels, and stormwater basin floors.
(b)Â
Whenever design engineers use a curb-opening inlet, the clear space in that curb opening (or each individual clear space, if the curb opening has two or more clear spaces) shall have an area of no more than seven square inches or be no greater than two inches across the smallest dimension.
(c)Â
This standard does not apply:
[1]Â
Where the Planning Board, with the recommendation of the Stormwater Coordinator, determines that this standard would cause inadequate hydraulic performance that could not feasibly be corrected by using additional or larger storm drain inlets that meet these standards;
[2]Â
Where flows from the water quality design storm as specified in Subsection G(1) are conveyed through any device (e.g., end of pipe netting facility, manufactured treatment device, or 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:
[3]Â
Where flows are conveyed through a trash rack that has parallel bars with one-inch spacing between the bars, to the elevation of the water quality design storm as specified in Subsection G(1);
[4]Â
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 National and/or New Jersey Register listed historic property or district, within the meaning of the "historic places rules."
(4)Â
Any land area used as a nonstructural stormwater management measure to meet the performance standards in Subsections F and G shall be dedicated to a government agency, subjected to a conservation restriction filed with the appropriate County Clerk's office, or subject to an approved equivalent restriction that ensures that measure, or an equivalent stormwater management measure approved by the Stormwater Coordinator, is maintained in perpetuity. The approved form to be used as "conservation restriction" shall be determined by the Township Attorney and shall be reviewed and approved by the Township Attorney as to form and by the Township Engineer as to description, on a case-by-case basis. To the greatest extent feasible, nonstructural stormwater management strategies shall be used and shall comply with those listed in the New Jersey Stormwater Best Management Practices Manual. The BMP Manual may be obtained from the address identified in § 188-74 or found on the Department's website at www.njstormwater.org.
F.Â
Erosion control, groundwater recharge and runoff quantity standards.
(1)Â
This subsection contains minimum design and performance standards to control erosion, encourage and control infiltration and groundwater recharge, and control stormwater runoff quantity impacts of major development.
(a)Â
The minimum design and performance standards for erosion control are those established under the Soil Erosion and Sediment Control Act, N.J.S.A. 4:24-39 et seq. and implementing rules.
(b)Â
The minimum design and performance standards for groundwater recharge are as follows:
[1]Â
The design engineer and Stormwater Coordinator shall, using the assumptions and factors for stormwater runoff and groundwater recharge calculations at § 188-72, either:
[a]Â
Demonstrate through hydrologic and hydraulic analysis that the site and its stormwater management measures maintain 100% of the average annual pre-construction groundwater recharge volume for the site; or
[b]Â
Demonstrate through hydrologic and hydraulic analysis that the increase of stormwater runoff volume from pre-construction to post-construction for the two-year storm is infiltrated.
[2]Â
The following types of stormwater shall not be recharged:
[a]Â
Stormwater from areas of high pollutant loading. High pollutant loading areas are areas in industrial and commercial developments where solvents and/or petroleum products are loaded/unloaded, stored, or applied; areas where pesticides are loaded/unloaded or stored; areas where hazardous materials are expected to be present in greater than "reportable quantities" as defined by the United States Environmental Protection Agency (EPA) at 40 CFR 302.4; areas where recharge would be inconsistent with Department-approved remedial action work plan or landfill closure plan; and areas with high risks for spills of toxic materials, such as gas stations and vehicular maintenance facilities; and
[b]Â
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 the 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.
[3]Â
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 surface ponding, flooding of basements, or interference with the proper operation of subsurface sewage disposal systems and other subsurface structures in the vicinity or downgradient of the groundwater recharge area.
(c)Â
In order to control stormwater runoff quantity impacts, the design engineer shall, using the assumptions and factors for stormwater runoff calculations at § 188-72, complete one of the following:
[1]Â
Demonstrate through hydrologic and hydraulic analysis that for stormwater leaving the site, post-construction runoff hydrographs for the two-, ten-, and one-hundred-year storm events do not exceed, at any point in time, the pre-construction runoff hydrographs for the same storm events; or
[2]Â
Demonstrate through hydrologic and hydraulic analysis that there is no increase, as compared to the pre-development condition, in the peak runoff rates of stormwater leaving the site for the two-, ten-, and one-hundred-year storm events and that the increased volume or change in timing of stormwater runoff will not increase flood damage at or downstream of the site. This analysis shall include the analysis of impacts of existing land uses and projected land uses assuming full development under existing zoning and land use ordinances in the drainage area; or
[3]Â
Design stormwater management measures so that the post-construction peak runoff rates for the two-, ten-, and one-hundred-year storm events are 50%, 75% and eighty-percent respectively, of the pre-development 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. The percentages shall not be applied to post-construction stormwater runoff into tidal flood hazard areas if the increased volume of stormwater runoff will not increase flood damages below the point of discharge.
(2)Â
Any application for a new agricultural development that meets the definition of major development at § 188-69 shall be submitted to the appropriate Soil Conservation District for review and approval in accordance with the requirements of this section and any applicable Soil Conservation District guidelines for stormwater runoff quantity and erosion control. For the purposes of this section, "agricultural development" means land uses normally associated with the production of food, fiber and livestock for sale. Such uses do not include the development of land for the processing or sale of food and the manufacturing of agriculturally related products.
G.Â
Stormwater runoff quality standards.
(1)Â
Stormwater management measures shall be designed to reduce the post-construction load of total suspended solids (TSS) in stormwater runoff by 80% of the anticipated load from the developed site, expressed as an annual average. Stormwater management measures shall only be required for water quality control if an additional 1/4 acre of imperious surface is being proposed on a development site. The requirement to reduce TSS does not apply to any stormwater runoff in a discharge regulated under a numeric effluent limitation for TSS imposed under the New Jersey Pollution Discharge Elimination System (NJPDES) rules, N.J.A.C. 7:14A, or in a discharge specifically exempt under an NJPDES permit from this requirement. The water quality design storm is 1.25 inches of rainfall in two hours. Water quality calculations shall take into account the distribution of rain from the water quality design storm, as reflected in Table 1. The calculation of the volume of runoff may take into account the implementation of nonstructural stormwater management measures.
| Table 1: Water Quality Design Storm Distribution | ||||
|---|---|---|---|---|
| Time (minutes) | Cumulative Rainfall (inches) | Time (minutes) | Cumulative Rainfall (inches) | |
| 0 | 0.0000 | 65 | 0.8917 | |
| 5 | 0.0083 | 70 | 0.9917 | |
| 10 | 0.0166 | 75 | 1.0500 | |
| 15 | 0.0250 | 80 | 1.0840 | |
| 20 | 0.0500 | 85 | 1.1170 | |
| 25 | 0.0750 | 90 | 1.1500 | |
| 30 | 0.1000 | 95 | 1.1750 | |
| 35 | 0.1330 | 100 | 1.2000 | |
| 40 | 0.1660 | 105 | 1.2250 | |
| 45 | 0.2000 | 110 | 1.2334 | |
| 50 | 0.2583 | 115 | 1.2417 | |
| 55 | 0.3583 | 120 | 1.2500 | |
| 60 | 0.6250 | |||
(2)Â
For purposes of TSS reduction calculations, Table 2 below presents the presumed removal rates for certain BMPs designed in accordance with the New Jersey Stormwater Best Management Practices Manual. The BMP Manual may be obtained from the address identified in Section G, or found on the Department's website at www.njstormwater.org. The BMP Manual and other sources of technical guidance are listed in § 188-74. TSS reduction shall be calculated based on the removal rates for the BMP in Table 2 below. Alternative removal rates and methods of calculating removal rates may be used if the design engineer provides documentation demonstrating the capability of these alternative rates and methods to the review agency. A copy of any approved alternative rate or method of calculating the removal rate shall be provided to the Department at the following address: Division of Watershed Management, New Jersey Department of Environmental Protection, P.O. Box 418, Trenton, New Jersey 08625-0418.
(3)Â
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 - (AxB)/100 | |||
| R | = | Total TSS percent load removal from application of both BMPs. | |
| A | = | The TSS percent removal rate applicable to the first BMP. | |
| B | = | The TSS percent removal rate applicable to the second BMP. | |
| Table 2: TSS Removal Rates for BMP | ||
|---|---|---|
| Best Management Practice | TSS Percent Removal Rate | |
| Bioretention systems | 90% | |
| Constructed stormwater wetland | 90% | |
| Extended detention basin | 40% to 60% | |
| Infiltration structure | 80% | |
| Manufactured treatment device | See § 188-73C | |
| Sand filter | 80% | |
| Vegetative filter strip | 60% to 80% | |
| Wet pond | 50% to 90% | |
(4)Â
If there is no more than one on-site drainage area, the eighty-percent TSS removal rate shall apply to each drainage area, unless the runoff from the subareas converge on site, in which case the removal rate can be demonstrated through a calculation using a weighted average.
(5)Â
Stormwater management measures shall also be designed to reduce, to the maximum extent practicable, 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 practicable, the design of the site shall include nonstructural strategies and structural measures that optimize nutrient removal while still achieving the performance standards in Subsections F and G.
(6)Â
Developers shall comply with the New Jersey Stormwater Best Management Practices manual, which may be obtained from the address identified in § 188-74 or www.njstormwater.org. For development projects where differing standards may apply, the stricter requirement shall be followed.
(7)Â
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)Â
Special water resource protection areas shall be established along all waters designated Category One at N.J.A.C. 7:9B, and perennial or intermittent streams that drain into or upstream of the Category One waters as shown on the USGS quadrangle maps or in the County Soil Surveys, within the associated HUC-14 drainage area. These areas shall be established for the protection of water quality, aesthetic value, exceptional ecological significance, exceptional recreational significance, exceptional water supply significance, and exceptional fisheries significance of those established Category One waters. These areas shall be designated and protected as follows:
(a)Â
The applicant shall preserve and maintain a special water resource protection area in accordance with one of the following:
[1]Â
A three-hundred-foot special water resource protection area shall be provided on each side of the waterway, measured perpendicular to the waterway from the top of the bank outwards or from the center-line of the waterway where the bank is not defined, consisting of existing vegetation or vegetation allowed to follow natural succession.
[2]Â
Encroachment within the designated special water resource protection area under Subsection G(8)(a)[1] above shall only be allowed with the approval of the Stormwater Coordinator, where pervious development or disturbance has occurred. The encroachment shall only be allowed where the applicant demonstrates that the functional value and overall condition of the special water resource protection area will be maintained to the maximum extent practicable. In no case shall the remaining special water resource protection area be reduced to less than 150 feet as measured perpendicular to the top of bank of the waterway or center-line of the waterway where the bank is undefined. All encroachments proposed under this subsection shall be subject to review and approval by the Department.
(b)Â
All stormwater shall be discharged outside of, and flow through, the special water resource protection area and shall comply with the Standard for Off-Site Stability in the "Standards for Soil Erosion and Sediment Control in New Jersey" established under the Soil Erosion and Sediment Control Act, N.J.S.A. 4:24-39 et seq.
(c)Â
If stormwater discharged outside of and following through the special water resource protection area cannot comply with the Standard for Off-Site Stability in the "Standards for Soil Erosion and Sediment Control in New Jersey" established under the Soil Erosion and Sediment Control Act, N.J.S.A. 4:24-39 et seq., then the stabilization measures in accordance with the requirements of the above standards may be placed within the special water resource protection area, provided that:
[1]Â
Stabilization measures shall not be placed within 150 feet of the Category One waterway;
[2]Â
Stormwater associated with discharges allowed by this section shall achieve a ninety-five-percent TSS post-construction removal rate;
[3]Â
Temperature shall be addressed to ensure no impact on the receiving waterway;
[4]Â
The encroachment shall only be allowed where the applicant demonstrates that the functional value and overall condition of the special water resource protection area will be maintained to the maximum extent practicable;
[5]Â
A conceptual project design meeting shall be held with the appropriate Department staff and Soil Conservation District staff to identify necessary stabilization measures; and
[6]Â
All encroachments proposed under this section shall be subject to review and approval by the Department, prior to local approval(s).
(d)Â
A stream corridor protection plan may be developed by a regional stormwater management planning committee as an element of a regional stormwater management plan or by a municipality through an adopted municipal stormwater management plan. If a stream corridor protection plan for a waterway subject to Subsection G(8) has been approved by the Department, then the provisions of the plan shall be applicable special water resource protection area requirements for that waterway. A stream corridor protection plan for a waterway subject to Subsection G(8) shall maintain or enhance the current functional value and overall condition of the special water resource protection area as defined in Subsection G(8)(a)[1] above. In no case shall a stream corridor protection plan allow the reduction of the special water resource protection area to less than 150 feet as measured perpendicular to the waterway subject to this subsection.
A.Â
Stormwater runoff shall be calculated in accordance with the following:
(1)Â
The design engineer shall calculate runoff using one of the following methods:
(a)Â
The USDA Natural Resources Conservation Service (NRCS) methodology, including the NRCS Runoff Equation and Dimensionless Unit Hydrograph, as described in the NRCS National Engineering Handbook Section 4 — Hydrology and Technical Release 55 — Urban Hydrology for Small Watersheds; or
(b)Â
The Rational Method for peak flow and Modified Rational Method for hydrograph computations.
(2)Â
For the purpose of calculating runoff coefficients and groundwater recharge, there is a presumption that the pre-development condition of the 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).
(3)Â
In computing pre-development stormwater runoff, the design engineer shall account for all significant land features and structures, such as ponds, wetlands, depressions, hedgerows, or culverts, that may reduce pre-development stormwater runoff rates and volumes.
(4)Â
In computing stormwater runoff from all design storms, the design engineer shall consider the relative stormwater runoff rates and/or volume 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.
B.Â
Groundwater recharge may be calculated in accordance with the following:
(1)Â
The New Jersey Geological Survey Report GSR-32, A Method for Evaluating Ground-Water Recharge Areas in New Jersey, incorporated herein by reference as amended and supplemented. Information regarding the methodology is available from the New Jersey Stormwater Best Management Practices Manual; at http://www.state.nj.us/dep/njgs/; or at New Jersey Geological Survey, 29 Arctic Parkway, P.O. Box 427, Trenton, New Jersey 08625-0427; (609) 984-6587.
A.Â
Standards for structural stormwater management measures are as follows:
(1)Â
Structural stormwater management measures shall be designed to take into account the existing site conditions, including, for example, environmentally critical areas, wetlands; flood-prone areas; slopes; depth to seasonal high water table; soil type, permeability and texture; drainage area and drainage patterns.
(2)Â
Structural stormwater management measures shall be designed to minimize maintenance, facilitate maintenance and repairs, and ensure proper functioning. Trash racks shall be installed at the intake to the outlet structure as appropriate and shall have parallel bars with one-inch spacing between the bars to the elevation of the water quality design storm. For elevations higher than the water quality design storm, the parallel bars at the outlet structure shall be spaced no greater than 1/3 the width of the diameter of the orifice or 1/3 the width of the weir, with a minimum spacing between bars of one inch and a maximum spacing between bars of six inches. In addition, the design of trash racks must comply with the requirements of § 188-75D.
(3)Â
Structural stormwater management measures shall be designed, sequenced, constructed, and installed to be strong, durable, and corrosion resistant. Measures that are consistent with the relevant portions of the Residential Site Improvement Standards at N.J.A.C. 5:21-7.3, 7.4, and 7.5 shall be deemed to meet this requirement.
(4)Â
At the intake to the outlet from the stormwater management basin, the orifice size shall be a minimum of 2Â 1/2 inches in diameter.
(5)Â
Stormwater management basins shall be designed to meet the minimum safety standards for stormwater management basins at § 188-75.
(6)Â
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.Â
Stormwater management measure guidelines are available in the New Jersey Stormwater Best Management Practices Manual. Other stormwater management measures may be utilized, provided that the design engineer demonstrates that the proposed measure and its design will accomplish the required water quantity, groundwater recharge and water quality design and performance standards established by § 188-71 of this article.
C.Â
Manufactured treatment devices may be used to meet the requirements of § 188-71 of this article only when recommended by the Stormwater Coordinator, provided that the pollutant removal rates are verified by the New Jersey Corporation for Advanced technology and certified by the Department. Manufactured treatment devices may be used only where the maintenance plan required by § 188-77 ensures that the manufactured device will be properly maintained for its functional lifespan and will be replaced as needed with management measures that are at least as effective as the original manufactured treatment device working in accordance with manufacturers' specifications.
A.Â
Technical guidance for stormwater management measures can be found in the documents listed at Subsection A(1) and (2) below, which are available from Maps and Publications, New Jersey Department of Environmental Protection, 428 East State Street, P.O. Box 420, Trenton, New Jersey 08625, telephone (609) 777-1038, and at www.njstormwater.org.
(1)Â
Guidelines for stormwater management measures are contained in the New Jersey Stormwater Best Management Practices Manual, as amended. Information is provided on stormwater management measures such as bioretention systems, constructed stormwater wetlands, dry wells, extended detention basins, infiltration structures, manufactured treatment devices, pervious paving, sand filters, vegetative filter strips, and wet ponds.
(2)Â
The New Jersey Department of Environmental Protection Stormwater Management Facilities Maintenance Manual, as amended.
B.Â
Additional technical guidance for stormwater management measures can be obtained from the following:
(1)Â
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 State Soil Conservation, P.O. Box 330, Trenton, New Jersey 08625; (609) 292-5540;
(2)Â
The Rutgers Cooperative Extension Service, (732) 932-9306; and
(3)Â
The Soil Conservation District listed in N.J.A.C. 2:90-1.3(a)4. The location, address, and telephone number of each Soil Conservation District may also be obtained from the State Soil Conservation Committee, P.O. Box 330, Trenton, New Jersey 08625; (609) 292-5540.
(4)Â
New Jersey Stormwater Best Management Practices Manual, and in the NJDEP Ocean County Demonstration Study, Stormwater Management Facilities Maintenance Manual (June 1989), available from NJDEP.
A.Â
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.Â
Requirements for trash racks, overflow grates and escape provisions.
(1)Â
A trash rack is a device to catch runoff-borne 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)Â
The trash rack should be constructed primarily of bars aligned in the direction of flow with a maximum bar spacing of approximately 1/2 the diameter or width of the hydraulic opening it is protecting. Transverse bars aligned perpendicular to flow should be sized and spaced as necessary for rack stability and strength.
(b)Â
The trash rack shall be designed so as not to adversely affect the hydraulic performance of the outlet pipe or structure.
(c)Â
The average velocity of flow through a clean trash rack is not to exceed 2.5 feet per second under the full range and discharge. Velocity is not to be computed based on the net area of opening through the rack.
(d)Â
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 foot squared.
(2)Â
An overflow grate is designed to present obstruction of the opening in the top of the overflow structure. If an outlet structure has an overflow grate, such grate shall meet the following requirements:
(a)Â
The overflow grate shall be secured to the outlet structure but removable for emergencies and maintenance.
(b)Â
The overflow grate spacing shall be no less than two inches across the smallest dimension.
(c)Â
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/foot squared.
(3)Â
For purposes of this Subsection B(3), "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)Â
If a stormwater management basin has an outlet structure, escape provisions shall be incorporated in or on the structure. With the prior approval of the reviewing agency identified in Subsection C, a freestanding outlet structure may be exempted from this requirement.
(b)Â
Safety ledges shall be constructed on the slopes of all new stormwater management basins having a permanent pool of water deeper than 2Â 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 2Â 1/2 feet below the permanent water surface, and the second step shall be located one foot to 1Â 1/2 feet above the permanent water surface. See Subsection D, for an illustration of safety ledges in a stormwater management basin.
(c)Â
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)Â
An emergency drawdown method for detention basins is required where the permanent pool will be more than 2Â 1/2 feet deep. This drawdown method must consider downstream or off-site stability at the outfall in accordance with the Standards for Soil Erosion and Sediment Control in New Jersey.
C.Â
Variance or exemption from safety standards.
(1)Â
A variance or exemption from the safety standards for stormwater management basins may be granted only upon a written finding by the appropriate reviewing agency (municipality, county or Department) that the variance or exemption will not constitute a threat to public safety.
D.Â
Illustration of safety ledges in a new stormwater management basin:
 |
A.Â
Submission of site development stormwater plan.
(1)Â
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 below as part of the submission of the applicant's application for subdivision or site plan approval.
(2)Â
The applicant shall demonstrate that the project meets the standards set forth in this article.
B.Â
Site development stormwater plan approval. The applicant's site development stormwater plan shall be reviewed as a part of the subdivision or site plan review process and by the Stormwater Coordinator. The Stormwater Coordinator shall 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.Â
Checklist requirements. The following information shall be required:
(1)Â
Existing topographic map. A topographic map (or maps) at an appropriate scale of the existing conditions indicating the location of existing buildings, roads, parking areas and utilities. The map(s) shall also clearly show where alterations occur in the natural terrain and cover, including lawns and other landscaping, and seasonal high groundwater elevations. A written description of the site plan and justification of proposed changes in natural conditions may also be provided.
(2)Â
Existing conditions base map. The reviewing engineer and/or Stormwater Coordinator may require upstream tributary drainage system information as necessary. All applicants should contact the Municipal Engineer and/or Stormwater Management Coordinator for specific requirements.
(3)Â
Environmental site analysis. A written and graphic description of the natural and man-made features of the site and its environs may be required. Particular attention should be given to unique, unusual, or environmentally sensitive features and to those that provide particular opportunities or constraints for development.
(4)Â
Proposed description and site plan.
(a)Â
A map or maps at an appropriate scale of the proposed conditions, indicating the location of existing and proposed buildings, roads, parking areas, utilities, stormwater and sediment control management facilities and other permanent structures. The maps shall also clearly show areas where alterations occur in the natural terrain and cover, including lawns, and other landscaping, and seasonal high groundwater elevations. The map shall also include:
[1]Â
Total area to be paved or built upon, proposed surface contours, land area to be occupied by the stormwater management facilities and the type of vegetation thereon, and details of the proposed plan to control and dispose of stormwater.
[2]Â
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.
(b)Â
A written description of the site plan features and justifications of proposed changes in natural conditions shall be provided.
(5)Â
Stormwater site planning and design summary narrative. This narrative shall provide a demonstration of how the goals and standards of §§ 188-70 through 188-73 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. Refer to the Township of Hillside Municipal Stormwater Management Plan, as amended, for additional requirements.
(6)Â
Calculations.
(a)Â
Comprehensive hydrologic and hydraulic design calculations for the pre-development and post-development conditions for the design storms in § 188-71 of this article.
(b)Â
When the proposed stormwater management control measures (e.g., infiltration basins) depend on the hydrologic properties of soils, a soils report shall be submitted. This 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. The municipality shall be notified of site investigation activities and given the opportunity to have a witness, either prior to approval or as a condition of approval, as appropriate for the specific type of measure. Subsequent to approval of the major development, post-construction bulk soil density and infiltration testing shall be required for all infiltration measures that were used as justification for meeting the recharge standard, to ensure that they were properly constructed.
B.Â
General maintenance.
(1)Â
The design engineer shall prepare a maintenance plan for the stormwater management measures incorporated into the design of a major development, subject to review and approval of the Stormwater Coordinator. This plan shall be separate from all other documents and designed for ongoing use by the site owners or operators in performing and documenting maintenance and repair, and by the municipality in ensuring implementation of the maintenance plan. The final maintenance plan shall be updated and provided to the municipality post-construction to include an evaluation based on the specifications of the initial maintenance plan and as-built conditions.
(2)Â
The maintenance plan shall contain specific preventative maintenance and schedules; cost estimates, including estimated cost of sediment, debris, or trash removal and disposal; safety needs; identification of methods and disposal sites for materials removed during maintenance; maintenance requirements for created wetlands and other ecological systems; safety devices and systems; warranty and operational standards from the manufacturers of any manufactured treatment devices (see § 188-73C) and the name, address, and telephone number of the person or persons responsible for preventive and corrective maintenance (including replacement), using maintenance guidelines for stormwater management measures from § 188-74, the municipal stormwater management plan, the municipal stormwater pollution prevention plan and any relevant regional stormwater management plan. If the maintenance plan identifies a person other than the developer (for example, a public agency or homeowners' association) as having the responsibility for continuing 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)Â
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)Â
If the person responsible for maintenance identified under Subsection B(2) above is not a public agency, the maintenance plan and any future revisions based on Subsection B(7) below shall be recorded upon the deed of record for each property on which the maintenance described in the maintenance plan must be undertaken. Such recorded instruments shall be subject to the review and approval of the Township Attorney prior to recording the same with the Union County Clerk's office.
(5)Â
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 nonvegetative linings.
(6)Â
The person responsible for maintenance identified under Subsection B(2) above shall maintain a detailed log of all preventative and corrective maintenance for the structural stormwater management measures incorporated into the design of the development, including a record of all inspections and copies of all maintenance-related work orders.
(7)Â
The person responsible for maintenance identified under Subsection B(2) above shall evaluate the effectiveness of the maintenance plan at least once per year and adjust the plan and the deed as needed. Such person shall report his findings to the Municipal Clerk, annually, by February 1 of the following year.
(8)Â
The person responsible for maintenance identified under Subsection B(2) above shall retain and make available, upon request by any public entity with administrative, health, environmental, or safety authority over the site, the maintenance plan and the documentation required by Subsections B(6) and B(7) above.
(9)Â
The requirements of Subsections B(3) and B(4) do not apply to stormwater management facilities that are dedicated to and accepted by the municipality or another governmental agency. In the event that any stormwater control structure is not dedicated to the Borough, the developer shall post a two-year maintenance guarantee in accordance with N.J.S.A. 40:55D-53, and provide any other maintenance measures as required by the Borough, to ensure proper maintenance and functioning of the system. Guidelines are available from NJDEP; see § 188-74B(4).
(10)Â
In the event that the stormwater management facility becomes a danger to public safety or public health, if it is in need of maintenance or repair, or if the annual report is not received by February 1 of the following year, 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.Â
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, or a sinking fund, in accordance with N.J.S.A. 40:55D-53.
Any person, entity, or association who erects, constructs, alters, repairs, converts, maintains, fails to maintain as required in § 188-77 hereof, or otherwise uses any building, structure or land in violation of this article, shall be subject to a fine of not more than $2,000 and/or a term of imprisonment of not more than 30 days, or both. Each day that a violation persists shall be a separate violation hereof.
