Township of Bernards, NJ
Somerset County
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Table of Contents
Table of Contents

§ 21-42.1 General.

[Ord. #585, § 613A]
Street and off-site drainage facilities must be provided with sufficient catch basins, storm sewers, culverts, swales and/or other drainage appurtenances for the proper drainage of the area in light of existing conditions and the proposed construction of buildings and paved areas.
Lots shall be graded to secure proper drainage away from buildings and into drainage facilities. Additionally, drainage shall be provided in a manner which will prevent the collection of stormwater in pools or other unauthorized concentrations of flow. To the extent possible, grading shall not divert water to flow across property lines.
To prevent water from entering basements or cellars in areas where a high water table exists or is anticipated, as determined from secondary sources, the Board shall require the applicant to provide adequate subsurface drainage facilities before any basements or cellars are approved for construction.
In addition to the above requirements, the design of the drainage system shall follow those standards found in N.J.A.C. 7:8-5 et seq. and N.J.A.C. 7:8-6 et seq. and in the New Jersey Department of Environmental Protection New Jersey Stormwater Best Management Practices Manual. The best management practices selected shall be based upon the specific conditions of the property in question after consultation with the Township Engineer.
[Ord. #1810, 9-13-2005, added]
Definitions. All terms in this subsection 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.
[Ord. #1853, 2-28-2006, added]
Exempt Development. Any development that creates less than 1,000 square feet of new impervious area and disturbs less than 2,500 square feet of land. Further, an exempt development shall not meet the definition of "minor development."
Minor Development. Any development that results in the creation of 1,000 square feet or more of new 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" in N.J.A.C. 7:8.
Design Standards.
[Ord. #1853, 2-28-2006, added]
Exempt Development. Any project meeting the definition of "exempt development" shall be exempt from the provisions of this subsection.
Minor Development. Minor developments shall be designed to include the following stormwater management measures:
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.
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.
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. For the purpose of calculating stormwater management requirements for a residential subdivision, there shall be a presumption that each lot in the subdivision shall be developed with an amount of impervious surface equivalent to the maximum coverage permitted in the zone, pursuant to Subsection 21-15.1d.
[Ord. #2249, 10-29-2013, amended]
Waivers and Exceptions.
[Ord. #1853, 2-28-2006, added]
Standards for Relief. Waivers from strict compliance with the 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 substantially eliminate the noncompliance.
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 or another project identified by the applicant. All mitigation projects are subject to the approval of the Township Engineer. A monetary contribution to the Township may be made in lieu of the work identified in the mitigation plan, subject to the approval of the reviewing agency.
Reviewing Agency. All applications subject to the review of the Planning Board or Board of Adjustment shall be reviewed by those Boards concurrently with subdivision or site plan review. Applications not subject to Planning Board or Board of Adjustment review shall be reviewed by the Township Engineer.
Appeals. The appeal of the determination of the Township Engineer shall be made in accordance with N.J.S.A. 40:55D-70a.
Application and Review Fees. There shall be no additional fees for stormwater review for applications to the Planning Board or Board of Adjustment. Applications to the Township Engineer shall be accompanied by a review fee in the amount of Two Hundred and Fifty ($250.00) Dollars. If a project is approved, an inspection escrow deposit shall be made in an amount to be determined by the Township Engineer.
[Ord. #1853, 2-28-2006, added]

§ 21-42.2 Materials.

[Ord. #585, § 613B]
Storm sewers and culverts shall be constructed of reinforced concrete pipe, corrugated metal pipe or aluminum culvert pipe as hereinafter specified.
Reinforced concrete pipe shall conform to the requirements of Standard Specifications for Reinforced Concrete Pipes, A.S.T.M. designation C-76 of the year of last revision.
Corrugated metal pipe shall conform to the requirements of current A.A.S.H.O. specifications, designation M-36, for corrugated metal culvert pipe and, in addition shall be provided with an exterior bituminous coating and a continuous smooth bituminous lining applied by a centrifugal method, extending not less than 1/8 inch beyond the rest of the corrugations forming the entire inner circumference of the pipe. After application of the lining, the internal diameter of twelve- to twenty-four-inch pipe shall not vary more than 1.5% from the nominal diameter. The internal diameter of larger pipe after application of the lining shall not vary more than 1% or 3/8 inch, whichever is greater, from the nominal diameter. Material for lining shall conform to the requirements of Article 8.1.3 of the New Jersey State Highway Department Standard Specifications for Road and Bridge Construction for 1961 as amended.

§ 21-42.3 Reserved. [1]

Editor's Note: Former Subsection 21-42.3, Detention Facilities, was relocated to Subsection 21-23.1h by Ordinance #1103.