A.
The applicant shall comply with the following requirements and principles of land subdivision in the design of each subdivision or portion thereof. Prior to the granting of final approval, the applicant shall have installed or shall have furnished performance guaranties in accordance with § 85-53 for the ultimate installation or protection of the items required by this article.
B.
The subdivision shall conform to design standards
that will encourage good development patterns encouraging a coordinated,
well-planned community with provisions for desirable services and
circulation facilities. The subdivision shall conform to the proposals
and conditions shown on the Master Plan and Official Map, as adopted
by the Township.
[Amended 5-1-1979 by Ord. No. 0-79-8; 6-8-1981 by Ord. No.
0-81-12]
Proposed streets and extensions of existing
streets shall conform to Master Plan and Official Map recommendations.
Those not shown shall be designed and located to facilitate orderly
circulation patterns, assure emergency access and provide for future
connections to adjoining properties. In passing on the adequacy of
development plans, the Planning Board shall apply the standards contained
in this section.
A.
The arrangements of arterial and collector streets
shall be such as to provide for the extension of existing arterials
and collectors. Minor streets shall not be made continuous or be so
aligned that one subdivision adds to the traffic generated by a minor
street in another subdivision.
B.
In any major subdivision, it shall be the duty of
the Planning Board to classify proposed streets according to their
types. The Planning Board, in making its decisions, shall refer to
the Master Plan and/or shall consider conditions within the subdivision
and surrounding area. The right-of-way width shall be measured from
lot line to lot line and shall not be less than the following.[1]
[1]
Editor's Note: See Table I, Primary Roadways,
included at the end of this chapter.
C.
Bikeways shall be included on all roadways as indicated
on the Master Plan or Official Map. Where the bicycle lane is part
of a roadway system, the bicycle lane shall be four feet in each direction
and shall be appropriately designated with a combination of signing
and road markings.
D.
In those instances where a proposed subdivision abuts
an existing subdivision where existing stub or cul-de-sac streets
may be extended, the Planning Board may deem such extended streets
"minor" in nature for purposes of classification, provided that such
extended street will only serve traffic having either origins or destinations
on the street.
E.
In a subdivision abutting major arterials, minor arterials
or major collector streets, the frontage shall be reversed so that
the lots contiguous to such major arterials, minor arterials and major
collector streets will front on the minor collectors, local streets
or cul-de-sac streets, with an additional lot depth of 25 feet over
and above zoning requirements as an easement exclusively for planting
and screening, to be provided by the developer and maintained by the
lot owner. For these lots, the Planning Board shall require the developer
to provide a fence with an access gate along the easement in addition
to the plantings and screening, to be maintained by the lot owner,
or a suitable buffer shall be provided, as the Planning Board may
determine appropriate.
F.
Lots abutting a railroad right-of-way shall have an
additional depth of 75 feet over and above the zoning requirements
from the railroad right-of-way and a sound barrier of a material capable
of reflecting noise and not transmitting noise placed within the seventy-five-foot
strip parallel to the railroad right-of-way as per the Township Engineer's
instructions.
G.
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 the light of the circumstances of the particular situation
and with a view to assuring the maximum safety and convenience of
access for traffic and fire-fighting equipment, circulation and parking,
including provisions for the loading and unloading of goods, but in
no case shall the pavement be less than 26 feet in width for two-way
traffic.
H.
Internal streets and parking areas in multifamily,
business or industrial development shall not be constructed in building
setback areas.
I.
There shall be no reserved strips or areas for controlling
access to streets except where control and disposal of the land comprising
such strips or areas have been placed in the hands of the governing
body under conditions approved by the Planning Board.
J.
When a subdivision abuts on existing streets, the
street shall be widened (if necessary) and improved to conform to
this chapter.
K.
The pavement width for all local streets in the R-100
Zone may be reduced to 26 feet with a stabilized two-inch lawn over
a four-inch stone base shoulder 15 feet in width on each side thereof.
L.
In the R-100 Zone, the proposed local streets will
not interconnect with existing or proposed streets in other classifications
to form continuous routes. They will be designed to discourage any
through traffic, will have the exclusive function of providing access
to properties abutting the streets and will follow the contours of
the land to the greatest extent possible.
[Added 6-8-1981 by Ord. No. 0-81-12]
A.
Grades on all streets shall not exceed 6%. No street
shall have a minimum grade of less than 1/2%.
B.
Street jogs with center line offsets of less than
125 feet shall be prohibited.
C.
A tangent at least 100 feet long shall be introduced
between reverse curves on arterial and collector streets.
D.
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 a center line radius of not less
than 100 feet for minor streets and 500 feet for arterials and major
collector streets measured along the center line. When connecting
street lines deflect from each other at any point by more than 45°,
they shall be connected by a curve with a radius of not less than
500 feet measured along the center line.
E.
All changes in grade shall be connected by vertical
curves of sufficient radius to provide a smooth transition and proper
site distance and drainage as determined by the Township Engineer.
F.
Dead-end streets (culs-de-sac) in residential areas
shall not be longer than 600 feet and shall provide a turnaround at
the end with the radius of 50 feet to the outside edge of the cartway
or curbline and 60 feet to the outside edge of the right-of-way and
be tangent whenever possible to the right side of the right side of
the street. The length of the cul-de-sac shall be measured along its
center line from its intersection with the intersection streets' center
line to the center of the radius of the cul-de-sac. If a dead end
is of a temporary nature, a similar turnaround shall be provided and
provisions made for future extension of the street and reversion of
the access right-of-way to the adjoining property owners.
G.
No street shall have a name which will duplicate,
or so nearly duplicate as to be confused with. the names of existing
streets in the Township or its vicinity. The continuation of an existing
street shall have the same name. The Planning Board shall reserve
the right to approve or name streets within a proposed subdivision.
All house identification numbers shall be seen clearly from the street.
H.
Roadway construction.
(1)
Major arterial, minor arterial and major collector
roadway areas shall be constructed for their full width with a four-inch
compacted depth stone subbase, using soil aggregate Type 5, Class
A, quarry process stone; six-inch stone mix; three-inch compacted
depth bituminous concrete, Type FABC-2, surface course.
(2)
Minor collector, local street and cul-de-sac roadway
areas shall be constructed for their full width with a four-inch compacted
depth stone subbase, using soil aggregate Type 5, Class A, quarry
process stone; four-inch compacted depth bituminous stabilized base
course, stone mix; three-inch compacted depth bituminous concrete,
Type FABC-2, surface course.
(3)
All of the above construction shall be in accordance
with the current New Jersey State Highway Department Standard Specifications
for Road and Bridge Construction and supplements thereto on file in
the Township Engineer's office.
[Added 6-9-1981 by Ord. No. 0-81-12]
A.
The intersections of two streets 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 25 feet.
B.
Only one point of access and one point of egress may
be allowed each property, except where large frontages are present.
In those latter cases, streets shall not enter the same side of major
collector streets at intervals of less than 800 feet or major or minor
arterial streets at intervals of less than 1,200 feet. Streets or
drives which enter a minor or major street from opposite sides shall
either be directly opposite to each other or shall be separated by
at least 200 feet between their center lines measured along the center
line of the intersected street.
C.
Approaches of any collector street to any intersection
of another collector or an arterial shall follow a straight line course
within 100 feet of the intersection.
D.
Where a major collector street or a minor collector
serving more than 100 residential lots or dwelling units intersects
with another collector or an arterial, both the right-of-way and the
pavement for the larger roadway, shall be widened by 12 feet for a
distance of 200 feet both ways from the intersection of the center
lines and tapered.
E.
In addition to right-of-way widths required for full
length of streets and wider intersections as specified, sight triangles
shall be dedicated as follows: the area bounded by the right-of-way
lines and a straight line connecting sight points on street center
lines which are the following distances from the intersection of the
center lines:
(1)
Where a local street intersects another local street
or minor collector: 90 feet.
(2)
Where a local street intersects a major collector
street: 90 feet on the minor and 200 feet on the major collector.
(3)
Where a local street, minor or major collector street
intersects an arterial street: 90 feet back on the minor or collector
streets and 300 feet back on the arterial streets.
F.
No fences or any other obstruction nor any planting
exceeding 24 inches in height as measured on a horizontal from the
center line of the road may be placed in any sight triangle.
G.
Unless necessary to provide access to a lot in separate
ownership existing before the date of this section, no driveway access
to property or additional street intersection may be permitted within
the extra widths or sight triangles as specified herein.
H.
The Planning Board may require roadway widening or
other street improvements on arterials and major collectors, including
acceleration and deceleration lanes and concrete curbs, to assure
safe ingress and egress. The following minimum standards are recommended.
|
Acceleration Lanes
|
Deceleration Lanes
| |||
|---|---|---|---|---|
|
Legal Speed Limit
(mph)
|
Full Length
(feet)
|
Taper
(feet)
|
Full Length
(feet)
|
Taper
(feet)
|
|
25
|
100
|
50
|
150
|
50
|
|
35
|
200
|
75
|
200
|
75
|
|
40
|
300
|
75
|
200
|
75
|
|
50
|
300
|
75
|
200
|
75
|
[1]
Editor's Note: Former § 85-20.3, Fire lanes, added 7-8-1985 by Ord. No.
0-85-13, as amended, was repealed 5-12-2021 by Ord. No. 21-06.
Street signs shall be metal on metal posts of
the type, design and standard previously installed elsewhere in the
Township. The location of the street signs shall be determined by
the Board, but there shall be at least two street signs furnished
at each intersection. All signs shall be installed free of visual
obstruction.
[Amended 5-1-1979 by Ord. No. 0-79-8; 3-11-2020 by Ord. No. 20-02]
A.
Generally.
(1)
Sidewalks are pedestrian walkways along public or private streets. Except as set forth in § 85-22B below, pedestrian walkways shall be required on both sides of all streets serving a collector or primary local function as stipulated in the adopted Master Plan and/or Official Map of the Township and as further required by the Planning Board. Additionally, sidewalks shall be required for all local streets within residential developments, as well as in nonresidential developments at the Board's discretion, depending upon the probable volume of pedestrian traffic, the development's location in relation to other populated areas, and the general type of walkway improvement intended.
(2)
Where required, sidewalks shall be at least five feet wide and located
as approved by the Board. Sidewalks shall be Class B concrete 4,500
pounds per square inch air-entrained, six inches thick at driveways
with wire reinforcement in accordance with the Standard Construction
Detail for Sidewalks on file in the office of the Director of Planning
and Zoning.
B.
Integrated mixed-use neighborhood development. In any integrated
mixed-use neighborhood development in the PMUD Zone, sidewalks and/or
other pedestrian walkways, as applicable, shall be provided subject
to the following requirements:
(1)
Sidewalks or other pedestrian walkways shall be provided on both
sides of all streets.
(2)
Sidewalks adjoining residential uses shall be at least five feet
wide.
(3)
Sidewalks adjoining multifamily/apartment buildings or neighborhood
parks shall be at least six feet wide.
(4)
Sidewalks adjoining nonresidential or mixed-use buildings shall have
a minimum clear width (without obstructions) of eight feet.
(5)
Pedestrian walkways other than sidewalks described above, including
nature trails, shall be at least six feet wide.
(6)
Multiuse pathways may be asphalt and shall be at least eight feet
wide.
(7)
Pedestrian walkways other than sidewalks may be constructed of asphalt
or other appropriate materials subject to the review and approval
of the Planning Board.
(8)
Sidewalks and other concrete walkways shall be constructed of Class
B concrete 4,500 pounds per square inch air-entrained, six inches
thick at driveways with wire reinforcement in accordance with the
Standard Construction Detail for Sidewalks on file in the office of
the Director of Planning and Zoning, except alongside nonresidential
or mixed-used buildings, where the sidewalk may be constructed of
such other paving materials as shall be deemed appropriate by the
Planning Board.
[Amended 5-1-1979 by Ord. No. 0-79-8]
Belgian block or concrete curbs shall be installed
along every street within a subdivision and at intersections with
existing Township, county or state roads and shall be laid in a manner
approved by the Municipal Engineer. However, curbs may not be required
in the R-100 Zone except where excessive grades or other conditions
require their installation.
A.
If concrete, the curbing shall meet the following
specifications:
(1)
The concrete to be used for curbs shall be Class B
4,500 pounds per square inch air-entrained concrete as specified in
the New Jersey State Highway Specifications for Curbs and Gutters.
(2)
Expansion joints shall be provided at intervals of
20 feet and shall be sealed as specified by the Municipal Engineer.
(3)
Openings for driveway access shall be in such width
as shall be determined by the Planning Board. The curb at such driveway
openings shall be depressed to the extent that 1 1/2 inches extend
above the finished pavement. The rear top corner of this curb shall
have a radius of 1/4 inch, and the front top corner shall have a radius
of 1 1/2 inches.
(4)
Concrete curbs for local streets shall be eight inches
wide at their base and not less than six inches wide at their top.
Their height shall not be less than 18 inches and shall be constructed
to show a vertical face above the roadway pavement of six inches.
The rear top corner of this curb shall have a radius of 1/4 inch,
and the front top corner shall have a radius of 1 1/2 inches.
(5)
Concrete curbs for Township collector and arterial
streets shall be 10 inches wide at their base and not less than eight
inches wide at their top. Their height shall not be less than 20 inches
and shall be constructed to show a vertical face above the roadway
pavement of eight inches. The rear top corner of this curb shall have
a radius of 1/4 inch, and the front top corner shall have a radius
of 1 1/2 inches.
B.
If Belgian block, the construction detail shall be
as specified by the Township Engineer. Stones used for local roads
shall not be less than 10 inches in height and shall be constructed
to show a vertical face above the roadway pavement of six inches.
Stones used for Township collector and arterial streets shall not
be less than 12 inches in height and shall be constructed to show
a vertical face above the roadway pavement of eight inches.
[Amended 6-8-1981 by Ord. No. 0-81-12]
A.
The Township Committee, upon advice of the Shade Tree
Committee shall designate and may revise from time to time a list
of approved shade trees to be specified according to planting intervals.
B.
Trees shall be planted along the public right-of-way
as determined by the Planning Board at intervals designated in the
below schedule:
(1)
Type A list of approved trees: average thirty-foot
intervals, and each tree shall have a minimum caliper of 2 1/2
inches measured six inches above the ground.
(2)
Type B list of approved trees: average forty-foot
intervals, and each tree shall have a minimum caliper of 2 1/2
inches measured six inches above the ground.
C.
All trees shall be nursery-grown stock and shall have
a root ball wrapped in burlap, with a replacement guaranty of two
years, guaranteed by the developer.
D.
All trees shall be watered during dry seasons.
No topsoil shall be removed from areas intended
for lawn or open space. Topsoil moved during the course of construction
shall be redistributed within the subdivision so as to provide at
least six inches of cover to all areas of the subdivision and shall
be stabilized by seeding or planting.
Monuments shall be installed in compliance with
the requirements of N.J.S.A. 46:23-9.11(8). All lot corners shall
be marked with a metal alloy pin of permanent character.
Streetlighting of a type supplied by the utility
and of a type and number approved by the Township Engineer shall be
provided for all street intersections and along all arterial and collector
streets and anywhere else deemed necessary by the Planning Board.
Wherever this chapter requires the underground installation of electric
utilities for residential areas, the applicant shall provide for the
installation of underground service for streetlighting.
All streets shall be provided with catch basins
and pipes where the same may be necessary for proper surface drainage.
The requirements of this section shall not be satisfied by the construction
of dry wells.
A.
The system shall be adequate to carry off or store
the stormwater and natural drainage water which originates not only
within the subdivision boundaries, but also from the total natural
watershed of which the subdivision is part. No stormwater runoff or
natural drainage water shall be so diverted as to overload existing
drainage systems or create flooding or the need for additional drainage
structures on other private properties or public lands without proper
and approved provisions being made for taking care of these conditions.
B.
Techniques for computing stormwater runoff shall be as approved by the Township Engineer. The Rational Method, as specified in Middlesex County Land Subdivision Resolution, Chapter 10, of surface water runoff computation may be used for storm sewers and open channels with drainage basins up to 25 acres in area.
C.
Storm sewers, open channels, bridges and culverts,
unless otherwise directed by the Township Engineer, shall be designed
for minimum flow capacities as follows:
|
Storm Frequency
| ||
|---|---|---|
|
Drainage Basin Size
(acres)
|
Design Capacity
(years)
|
Establishment of Surcharge and Freeboard
Elevations*
(years)
|
|
0 to 25
|
15
|
100
|
|
26 to 100
|
25
|
100
|
|
Over 100
|
50
|
100
|
|
*Minor street and yard flooding permitted. Ground
level on first floor of all dwellings shall be one and two feet, respectively,
above surcharge and freeboard elevations.
|
D.
The materials used in the construction of storm sewers,
bridges and other drainage structures shall be in accordance with
the specifications of the Township of Plainsboro. Modification or
change of these specifications may be effected only with the knowledge
and written consent of the Township Engineer and Planning Board.
E.
For all subdivisions, blocks and lots shall be graded
to secure proper drainage away from buildings and to prevent the collection
of stormwater in pools. Finished floor elevation and exterior grading
will be shown on all lots.
F.
For all subdivisions, land subject to periodic or
occasional flooding (flood hazard areas) shall not be plotted for
residential occupancy nor for any other purpose which may endanger
life or property or aggravate the flood hazard. Such land within a
plat shall be considered for open spaces or other similar uses.
G.
Drainage structures which are located on state or
county highway rights-of-way shall be approved by the State or County
Highway Engineer's office, and a letter from that office indicating
such approval shall be directed to the Chairman of the Planning Board
and shall be received prior to the final plat approval or such approval
shall be conditioned upon the receipt of such letter.
H.
Where a subdivision is traversed by a watercourse,
surface or underground drainageway or drainage system, channel or
stream, there shall be provided and dedicated a drainage right-of-way
easement to the Township conforming substantially with the lines of
such watercourse, and such further width or construction, or both,
as will be adequate to accommodate expected stormwater runoff in the
future, based upon reasonable growth potential in the Township and,
in any event, meeting any minimum widths and locations shown on any
adopted Official Map and/or Master Plan. Such easement dedication
shall be expressed on the plat as follows: "Drainage and utility right-of-way
easement granted to the Township of Plainsboro for the purposes provided
for and expressed in the Subdivision and Site Plan Ordinance of the
Township of Plainsboro."
I.
Surface stormwater drainage may be carried in open
ditches outside the right-of-way of the local streets or other suitable
drainage structures within the right-of-way as may be approved by
the Township Engineer.
[Added 5-1-1979 by Ord. No. 0-79-8]
[Added 7-12-2006 by Ord. No. 0-06-15; amended 3-10-2021 by Ord. No. 21-02]
A.
Scope and purpose.
(1)
Policy statement. 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.
(2)
Purpose. The purpose of this section is to establish minimum stormwater management requirements and controls for major development, as defined below in Subsection B.
(3)
(4)
Compatibility with other permit and ordinance requirements.
Development approvals issued pursuant to this section are to be considered
an integral part of development approvals 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 section
shall be held to be the minimum requirements for the promotion of
the public health, safety, and general welfare. This section is not
intended to interfere with, abrogate, or annul any other ordinance,
rule or regulation, statute, or other provision of law, except that,
where any provision of this section 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.
B.
COMMUNITY BASIN
COMPACTION
CONTRIBUTORY DRAINAGE AREA
CORE
COUNTY REVIEW AGENCY
DEPARTMENT
DESIGN ENGINEER
DESIGNATED CENTER
DEVELOPMENT
DISTURBANCE
DRAINAGE AREA
ENVIRONMENTALLY CONSTRAINED AREA
ENVIRONMENTALLY CRITICAL AREA
EROSION
GREEN INFRASTRUCTURE
HUC 14 or HYDROLOGIC UNIT CODE 14
IMPERVIOUS SURFACE
INFILTRATION
LEAD PLANNING AGENCY
MAJOR DEVELOPMENT
(1)
(2)
MOTOR VEHICLE
MOTOR VEHICLE SURFACE
MUNICIPALITY
NEW JERSEY STORMWATER BEST MANAGEMENT PRACTICES (BMP) MANUAL
or BMP MANUAL
NODE
NUTRIENT
PERSON
POLLUTANT
RECHARGE
REGULATED IMPERVIOUS SURFACE
(1)
(2)
(3)
(4)
REGULATED MOTOR VEHICLE SURFACE
(1)
(2)
SEDIMENT
SITE
SOIL
STATE PLAN POLICY MAP
STORMWATER
STORMWATER MANAGEMENT BMP
STORMWATER MANAGEMENT MEASURE
STORMWATER MANAGEMENT PLANNING AGENCY
STORMWATER MANAGEMENT PLANNING AREA
STORMWATER RUNOFF
WATER CONTROL STRUCTURE
WATERS OF THE STATE
WETLANDS or WETLAND
Definitions. For the purpose of this section, the following terms,
phrases, words and their derivations shall have the meanings stated
herein unless their use in the text of this chapter clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory. 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.
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 chapter.
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.
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 review municipal stormwater
management plans and implementing ordinance(s). The county review
agency may either be:
The Department of Environmental Protection.
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.
A State Development and Redevelopment Plan Center as designated
by the State Planning Commission, such as urban, regional, town, village,
or hamlet.
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, 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 land,
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.
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.
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.
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:
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.
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.
An individual development, as well as multiple developments
that individually or collectively result in the disturbance of one
or more acres of land since February 2, 2004.
"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 result in the disturbance
of one or more acres of land since February 2, 2004. 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."
Land vehicles 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.
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.
Any city, borough, town, township, or village.
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 chapter. 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 chapter. Alternative stormwater management measures, removal rates, or calculation methods may be utilized, subject to any limitations specified in this chapter, provided the design engineer demonstrates to the municipality, in accordance with Subsection D(7) of this section 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 chapter.
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, political subdivision of this state and any state, interstate
or federal agency.
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, 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:
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:
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.
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 BMP may either be
normally dry (that is, a detention basin or infiltration system),
retain water in a permanent pool (a retention basin), or be planted
mainly with wetland vegetation (most constructed stormwater wetlands).
Any 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.
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.
Water flow on the surface of the ground or in storm sewers,
resulting from precipitation.
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.
The ocean and its estuaries, and 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."
C.
Design and performance standards for stormwater management measures.
(1)
Stormwater management measures for major development shall be
designed to provide erosion control, groundwater recharge, stormwater
runoff quantity control, and stormwater runoff quality treatment as
follows:
(a)
The minimum standards for erosion control are those established
under the Soil and Sediment Control Act, N.J.S.A. 4:24-39 et seq.,
and implementing rules at N.J.A.C. 2:90.
(b)
The minimum standards for groundwater recharge, stormwater quality,
and stormwater runoff quantity shall be met by incorporating green
infrastructure.
(2)
The standards in this section 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.
D.
Stormwater management requirements for major development.
(1)
The development shall incorporate a maintenance plan for the stormwater management measures incorporated into the design of a major development in accordance with Subsection J.
(2)
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).
(3)
The following linear development projects are exempt from the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity requirements of Subsection D(16), (17) and (18):
(a)
The construction of an underground utility line, provided that
the disturbed areas are revegetated upon completion;
(b)
The construction of an aboveground utility line, provided that
the existing conditions are maintained to the maximum extent practicable;
and
(c)
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.
(4)
A waiver from strict compliance from the green infrastructure, groundwater recharge, stormwater runoff quality, and stormwater runoff quantity requirements of Subsection D(15), (16), (17), and (18) 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:
(a)
The applicant demonstrates that there is a public need for the
project that cannot be accomplished by any other means;
(d)
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 Subsection D(4)(c) above within the upstream drainage area of the receiving stream, that would provide additional opportunities to mitigate the requirements of Subsection D(15), (16), (17), and (18) that were not achievable on-site.
(5)
Tables 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 Subsection D(15), (16), (17), and (18). 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.
(6)
Where the BMP tables in the NJ Stormwater Management Rules are
different due to updates or amendments with the tables in this section,
the BMP Tables in the Stormwater Management Rules at N.J.A.C. 7:8-5.2(f)
shall take precedence.
|
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
(percent)
|
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
|
—
|
|
NOTES:
|
|---|
|
Notes corresponding to annotations (a) through (g) are found following Table
3.
|
|
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
(percent)
|
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
|
|
NOTES:
|
|---|
|
Notes corresponding to annotations (b) through (d) are found following Table
3.
|
|
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
(percent)
|
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:
| |
|---|---|
|
Notes to Tables 1, 2, and 3:
| |
|
(a)
|
Subject to the applicable contributory drainage area limitation
specified at Subsection D(15)b.
|
|
(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 Subsection B.
|
|
(h)
|
Manufactured treatment devices that do not meet the definition of "green infrastructure" at Subsection B.
|
(7)
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 Subsection F(2). Alternative stormwater management measures may be used to satisfy the requirements at Subsection D(15) only if the measures meet the definition of "green infrastructure" at Subsection B. Alternative stormwater management measures that function in a similar manner to a BMP listed at Subsection D(15)(b) are subject to the contributory drainage area limitation specified at Subsection D(15)(b) 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 D(15)(b) 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(4) is granted from Subsection D(15).
(8)
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.
(9)
Design standards for stormwater management measures are as follows:
(a)
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);
(b)
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 Subsection H(3);
(c)
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;
(d)
Stormwater management BMPs shall be designed to meet the minimum safety standards for stormwater management BMPs at Subsection H; and
(e)
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.
(10)
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 Subsection B may be used only under the circumstances described at Subsection D(15)(d).
(11)
Any application for a new agricultural development that meets the definition of "major development" at Subsection B shall be submitted to the Soil Conservation District for review and approval in accordance with the requirements at Subsection D(15), (16), (17), and (18) 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.
(12)
If there is more than one drainage area, the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at Subsection D(16), (17), and (18) 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.
(13)
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 Middlesex 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 Subsection D(15), (16), (17), and (18) 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 Subsection J(2)(e). 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.
(14)
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 Subsection D of this section 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 Middlesex 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 D(13) 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 D(13) above.
(15)
Green infrastructure standards.
(a)
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.
(b)
To satisfy the groundwater recharge and stormwater runoff quality standards at Subsection D(16) and (17), the design engineer shall utilize green infrastructure BMPs identified in Table 1 at Subsection D(6) and/or an alternative stormwater management measure approved in accordance with Subsection D(7). The following green infrastructure BMPs are subject to the following maximum contributory drainage area limitations:
|
Best Management Practice
|
Maximum Contributory Drainage Area
|
|---|---|
|
Dry well
|
1 acre
|
|
Manufactured treatment device
|
2.5 acres
|
|
Pervious pavement systems
|
Area of additional inflow cannot exceed 3 times the area occupied
by the BMP
|
|
Small-scale bioretention systems
|
2.5 acres
|
|
Small-scale infiltration basin
|
2.5 acres
|
|
Small-scale sand filter
|
2.5 acres
|
(d)
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(4) 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 D(7) may be used to meet the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at Subsection D(16), (17), and (18).
(e)
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 Subsection D(16), (17), and (18), unless the project is granted a waiver from strict compliance in accordance with Subsection D(4).
(16)
Groundwater recharge standards.
(a)
This subsection contains the minimum design and performance
standards for groundwater recharge as follows.
(b)
The design engineer shall, using the assumptions and factors for stormwater runoff and groundwater recharge calculations at Subsection E, either:
[1]
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
[2]
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.
(c)
The following types of stormwater shall not be recharged:
[1]
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
[2]
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.
(17)
Stormwater runoff quality standards.
(a)
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.
(b)
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:
[1]
Eighty percent 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.
[2]
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.
(c)
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 D(17)(b) 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.
(d)
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
|
(e)
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.
|
(f)
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 D(16), (17), and (18).
(g)
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.
(h)
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.
(i)
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.
(j)
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.
(18)
Stormwater runoff quantity standards.
(a)
This subsection contains the minimum design and performance
control stormwater runoff quantity impacts of major development.
(b)
In order to control stormwater runoff quantity impacts, the design engineer shall, using the assumptions and factors for stormwater runoff calculations at Subsection E, complete one of the following:
[1]
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;
[2]
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;
[3]
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
(c)
The stormwater runoff quantity standards shall be applied at
the site's boundary to each abutting lot, roadway, watercourse,
or receiving storm sewer system.
E.
Calculation of stormwater runoff and groundwater recharge.
(1)
Stormwater runoff shall be calculated in accordance with the
following:
(a)
The design engineer shall calculate runoff using one of the
following methods:
[1]
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
[2]
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/2014NJSoilErosionControlStandardsComplete.pdf.
(b)
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 above at Subsection E(1)(a)[1] and the Rational and Modified Rational Methods at Subsection E(1)(a)[2]. 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).
(c)
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.
(d)
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 or other methods may be employed.
(e)
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.
(2)
Groundwater recharge may be calculated in accordance with the
following: The New Jersey Geological Survey Report GSR-32, A Method
for Evaluating Groundwater-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 the New Jersey Geological Survey website at:
https://www.nj.gov/dep/njgs/pricelst/gsreport/gsr32.pdf or at New
Jersey Geological and Water Survey, 29 Arctic Parkway, PO Box 420
Mail Code 29-01, Trenton, New Jersey 08625-0420.
F.
Sources for technical guidance.
(1)
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.
(a)
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.
(b)
Additional maintenance guidance is available on the Department's
website at: https://www.njstormwater.org/maintenance_guidance.htm.
(2)
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.
G.
Solids and floatable materials control standards. Site design features identified under Subsection D(6) above, or alternative designs in accordance with Subsection D(7) above, 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 Subsection G(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.
(c)
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.
(d)
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 G(1) above does not apply:
(a)
Where each individual clear space in the curb opening in 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 1.5 inches
wide (this option does not apply for outfall netting facilities);
or
[2]
A bar screen having a bar spacing of 0.5 inch.
[3]
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.
H.
Safety standards for stormwater management basins.
(1)
This section sets forth requirements to protect public safety
through the proper design and operation of stormwater management BMPs.
This section applies to any new stormwater management BMP.
(2)
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 Subsection H(3)(a), H(3)(b), and H (3)(c) for trash racks, overflow grates, and escape provisions at outlet structures.
(3)
Requirements for trash racks, overflow grates and escape provisions.
(a)
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
BMP to ensure proper functioning of the BMP outlets in accordance
with the following:
[1]
The trash rack shall have parallel bars, with no greater than
six-inch spacing between the bars;
[2]
The trash rack shall be designed so as not to adversely affect
the hydraulic performance of the outlet pipe or structure;
[3]
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; and
[4]
The trash rack shall be constructed of rigid, durable, and corrosion-resistant
material and designed to withstand a perpendicular live loading of
300 pounds per square foot.
(b)
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:
[1]
The overflow grate shall be secured to the outlet structure
but removable for emergencies and maintenance.
[2]
The overflow grate spacing shall be no less than two inches
across the smallest dimension
[3]
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.
(c)
Stormwater management BMPs shall include escape provisions as
follows:
[1]
If a stormwater management BMP has an outlet structure, escape provisions shall be incorporated in or on the structure. Escape provisions include the installation of permanent ladders, steps, rungs, or other features that provide easily accessible means of egress from stormwater management BMPs. With the prior approval of the municipality pursuant to Subsection H(4), a freestanding outlet structure may be exempted from this requirement;
[2]
Safety ledges shall be constructed on the slopes of all new stormwater management BMPs having a permanent pool of water deeper than 2 1/2 feet. 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 to 1 1/2 feet above the permanent water surface. See Subsection H(5) for an illustration of safety ledges in a stormwater management BMP; and
[3]
In new stormwater management BMPs, the maximum interior slope
for an earthen dam, embankment, or berm shall not be steeper than
three horizontal to one vertical.
(4)
Variance or exemption from safety standard. A variance or exemption
from the safety standards for stormwater management BMPs may be granted
only upon a written finding by the municipality that the variance
or exemption will not constitute a threat to public safety.
(5)
Safety ledge illustration.
|
Elevation View - Basin Safety Ledge Configuration
 |
I.
Requirements for a site development stormwater plan.
(1)
Submission of site development stormwater plan.
(a)
Whenever an applicant seeks municipal approval of a development subject to this section, the applicant shall submit all of the required components of the checklist for the site development stormwater plan at Subsection I(3) below as part of the submission of the application for approval.
(b)
The applicant shall demonstrate that the project meets the standards
set forth in this section.
(2)
Site development stormwater plan approval. The applicant's
site development project shall be reviewed as a part of the review
process by the municipal board or official from which municipal approval
is sought. That municipal board or official shall consult the municipality's
review engineer to determine if all of the checklist requirements
have been satisfied and to determine if the project meets the standards
set forth in this section.
(3)
Submission of site development stormwater plan. The following
information shall be required:
(a)
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 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,
bearings and distances of property lines, and significant natural
and man-made features not otherwise shown.
(b)
Environmental site analysis. A written and graphic description
of the natural and man-made features of the site and its surroundings
should be submitted. 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.
(c)
Project description and site plans. A map (or maps) at the scale
of the topographical base map indicating the location of 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 will 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 for proposed
changes in natural conditions shall also be provided.
(d)
Land use planning and source control plan. This plan shall provide a demonstration of how the goals and standards of Subsections C through E 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.
(e)
Stormwater management facilities map. The following information,
illustrated on a map of the same scale as the topographic base map,
shall be included:
[1]
Total area to be disturbed, 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]
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.
(f)
Calculations.
[1]
Comprehensive hydrologic and hydraulic design calculations for the predevelopment and post-development conditions for the design storms specified in Subsection D of this section.
[2]
When the proposed stormwater management control measures depend
on the hydrologic properties of soils or require certain separation
from the seasonal high water table, 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 locations 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.
(g)
Maintenance and repair plan. The design and planning of the stormwater management facility shall meet the maintenance requirements of Subsection J.
(h)
Waiver from submission requirements. The municipal official or board reviewing an application under this section may, in consultation with the municipality's review engineer, waive submission of any of the requirements in Subsection I(3)(a) through I(3)(f) of this section 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.
J.
Maintenance and repair.
(2)
General maintenance.
(a)
The design engineer shall prepare a maintenance plan for the
stormwater management measures incorporated into the design of a major
development.
(b)
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). The plan shall contain information
on BMP location, design, ownership, maintenance tasks and frequencies,
and other details as specified in Chapter 8 of the NJ BMP Manual,
as well as the tasks specific to the type of BMP, as described in
the applicable chapter containing design specifics.
(c)
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.
(d)
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.
(e)
If the party responsible for maintenance identified under Subsection J(2)(c) above is not a public agency, the maintenance plan and any future revisions based on Subsection J(2)(g) below shall be recorded upon the deed of record for each property on which the maintenance described in the maintenance plan must be undertaken.
(f)
Preventative and corrective maintenance shall be performed to
maintain the functional parameters (storage volume, infiltration rates,
inflow/outflow capacity, etc.) of the stormwater management measure,
including, but not limited to, 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 non-vegetated linings.
(g)
The party responsible for maintenance identified under Subsection J(2)(c) above shall perform all of the following requirements:
[1]
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;
[2]
Evaluate the effectiveness of the maintenance plan at least
once per year and adjust the plan and the deed as needed; and
(h)
The requirements of Section J(2)(c) and (d) 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.
(i)
Maintenance and inspection guidance can be found on the Department's
website at: https://www.njstormwater.org/maintenance_guidance.htm.
(j)
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. Nonpayment of such
bill may result in a lien on the property.
(3)
The developer shall post a two-year maintenance guarantee in
accordance with N.J.S.A. 40:55D-53.
A.
All public services shall be connected to an approved
public utilities system, where one exists. For all major subdivisions,
the subdivider shall arrange with the servicing utility for the underground
installation of the utilities' distribution supply lines and service
connections in accordance with the provisions of the applicable Standard
Terms and Conditions incorporated as a part of its tariff as the same
are then on file with the State of New Jersey Board of Public Utility
Commissioners, and the subdivider shall provide the municipality with
three copies of a final plat showing the installed location of these
utilities. For minor subdivisions, service connections shall be made
underground where the supply lines that serve the lands being subdivided
are underground. For major and minor subdivisions, the subdivider
shall submit to the Board, prior to the granting of final approval,
a written instrument from each serving utility which shall evidence
full compliance or intended full compliance with the provisions of
this subsection; provided, however, lots which in such subdivision(s)
abut existing streets where overhead electric or telephone distribution
supply lines and service connections have heretofore been installed
may be supplied with electric and telephone service from those overhead
lines, but the service connections from the utilities' overhead lines
shall be installed underground. In the case of existing overhead utilities,
should a road widening or an extension of service or other such condition
occur as a result of the subdivision and necessitate the replacement
or relocation of such utilities, such replacement or relocation shall
be underground.
B.
In large-scale development, easements along rear property lines or elsewhere for utility installations may be required. Such easements shall be at least 20 feet wide and located in consultation with the companies or municipal departments concerned and, to the fullest extent possible, be centered on or adjacent to rear or side lot lines. Easement dedication shall be expressed on the plat in accordance with the provisions of § 85-28H.
[Amended 11-3-1989 by Ord. No. 0-89-31[1]]
A.
Natural features and critical areas, such as treed
areas, hilltops and scenic views; natural terrain, including steep
slopes, open waters and stream corridors: wetlands and associated
buffers; wildlife corridors; natural drainage lines; open space of
high ecological value; and other community assets shall be preserved
to the extent possible in designing any development containing such
features, adhering to the following regulations:
(1)
All trees and shrubs which provide shading, protection
from the wind or noise, and visual screening or habitat for wildlife
shall be preserved.
(2)
Selected trees and shrubs as determined by the Board
to enhance the landscape treatment of the development shall be preserved.
(3)
All developments shall be designed to avoid irreversible
negative impacts to threatened or endangered plants.
B.
All developers of partially treed or treed sites shall
be required to submit:
(1)
A woodland management report outlining ways in which
the developer shall optimize and improve the health of the land through
proper maintenance, selective clearing and replanting.
(2)
A reforestation report based upon the United States
Fish and Wildlife Services Habitat Evaluation Procedure, taking into
consideration the wildlife habitat value of the treed area to be removed.
A reforestation program shall include completion dates for seasonable
and timely planting of trees and shrubs and a maintenance program.
C.
A reforestation program shall include a maintenance
program for the impacted area and shall be submitted to the Planning
Board or Zoning Board for approval.
D.
Performance guaranties may be required to complete
improvements to lands to be deeded to the Township.
[1]
Editor's Note: This ordinance also provided
that violations shall be subject to the penalty provisions of the
Plainsboro Township Code Violations Ordinance.
[Added 11-3-1989 by Ord. No. 0-89-31[1]]
A.
Areas of mature woodland scheduled to be destroyed
by new construction shall be replaced either on site or off site by
the reforestation program outlined within this chapter. The intent
of this procedure is to supply the Township with a revegetated, environmentally
stable, low-maintenance, natural landscape asset. This reforestation
program shall be approved by the Planning Board and shall be in addition
to any other landscaping and street tree planting which may be required
by the Board.
B.
Clearing trees and shrubs from a lot or filling around
trees on a lot shall not be permitted unless it can be shown that
grading, construction requirements and/or proposed building locations
necessitate removal of trees and shrubs. In this instance the treed
portions of those lots or other lots, designated by the Board to be
of environmental value, shall be replanted with native trees and shrubs
to reestablish the character of the impacted area as follows:
(1)
All newly planted trees and shrubs shall be of nursery
grown stock. All landscape materials shall be of a species native
to the area and approved by the Planning Board, and the developer
or property owner shall guarantee replacement for two years.
(2)
The quantity of trees to be replanted shall be equal
to the number of trees that would be necessary to cover the entire
treed area impacted by a development, based upon a grid of 20 by 20
feet. Of this number of trees, 10% shall be balled and burlapped two-inch
to two-and-one-half-inch caliper; 20% shall be balled and burlapped
one-and-three-fourths-inch to two-inch caliper; 30% shall be bare-root
one-and-one-fourth-inch to one-and-one-half-inch caliper; and 40%
shall be bare-root six- to eight-foot-tall whips. A mixture of trees
indigenous to the area and site shall be utilized.
(3)
Trees shall be planted in natural groves and spaced
five feet to 15 feet on center.
(4)
The ground plane shall be seeded with a meadow grass
mix. The specific blend shall be approved by the Township Planning
Board.
(5)
All woody and herbaceous plants shall be species indigenous
to the area.
C.
A reforestation program shall include a maintenance
program for the impacted area to be reviewed and approved by the Board.
D.
In the event that the applicant cannot meet the tree
preservation and reforestation requirements on site, then the applicant,
in cooperation with the Planning Board or Zoning Board, shall provide
reforestation treatment for off-site tracts or contribute an amount
equal to the cost of reforestation of the on-site tract as determined
by the Department of Planning and Zoning. Off-site reforestation shall
meet the same standards as on-site reforestation.
[Amended 12-12-2007 by Ord. No. 0-07-25]
[1]
Editor's Note: This ordinance also provided
that violations shall be subject to the penalty provisions of the
Plainsboro Township Code Violations Ordinance.
[Added 11-3-1989 by Ord. No. 0-89-31[1]]
A.
To protect desirable trees from environmental and
mechanical injury during construction activities as well as to protect
certain species from erosion and sediment control, shade, aesthetics,
songbirds, other wildlife, dust control, noise abatement and oxygen
production, the following factors shall be considered on any new development
sites containing valuable trees:
(1)
Tree vigor. Vigor describes the overall health and
physical condition of the tree. A tree of low vigor is more susceptible
to damage by environmental changes, insect infestation and disease
than a healthy tree. Trees of poor vigor typically exhibit at least
some of the following conditions: minimal new growth, death of limbs
or branches (new growth is especially vulnerable), undersized leaves,
sparse foliage, poor foliage color and early fall foliage coloration.
Dangerously hollow or damaged trees with cracked or split limbs or
trunks, excessively leaning or crooked trees, trees with bark separating
from their trunks, trees with wounds in the bark, trees with oozing
sap or trees with major portions of their canopy missing should be
reviewed on an individual basis.
(2)
Tree age. Very old, picturesque trees may be more
aesthetically valuable than smaller, young trees, but will usually
require more extensive protection measures. Only vigorously growing,
healthy old trees should be protected. Indications of tree vigor previously
disturbed should be used to determine the selection of old trees to
be saved. Large, old trees with historic or prominent locations should
be carefully evaluated by landscape professionals before being disturbed.
(3)
Species. Many species of trees found in New Jersey
woodlands are not suitable for shade tree uses around buildings. Trees
that are short-lived or brittle or have soft wood, messy leaves or
fruit or are frequently attacked by insects and disease should be
protected. Trees shall be planted as determined by the Planning Board.
All newly planted trees shall be watered during dry seasons unless
prohibited by the Township.
(4)
Wildlife benefits. Protecting trees that are preferred
by wildlife for food, cover and nesting will add to wildlife activity
and diversity. A mixture of evergreens and hardwoods is beneficial.
Evergreen trees provide cover during the winter months. The hardwoods
provide valuable food.
(5)
Species longevity. Favor trees with long life spans,
such as oak, beech and tulip poplar. Short-lived trees should be avoided
for use as shade, lawn or specimen trees even though they may have
an attractive form or pleasing coloration in the spring or fall.
B.
Soil compaction and physical damage to the roots,
limbs and trunk are the most common forms of damage to trees during
the construction process. The compaction of soil within the dripline
of a tree can damage the soil structure and inhibit the transportation
of water and air to tree roots. To ensure the survival of trees selected
to be preserved, the following guidelines should be followed:
(1)
Protect trees from mechanical damage. (See Figure
1.)[2]
[2]
Editor's Note: Figure 1 is included at the end of this chapter.
(2)
Protect trees scheduled to be preserved within 20
feet of a building site and all vegetation beyond the designated limit
of disturbance lines to prevent mechanical and compaction injury.
Fencing or other approved barriers should be a minimum of four feet
high and installed at the tree's dripline. Installation should take
place before any site disturbance takes place. (See Figure 1.)[3]
[3]
Editor's Note: Figure 1 is included at the end of this chapter.
(3)
Boards will not be nailed to trees during building
operations.
(4)
Feeder roots should not be cut in an area within the
dripline of the tree's canopy.
(5)
Damaged limbs or trunks shall be painted immediately
with a high quality of tree paint. Care for serious injury should
be prescribed by a professional forester or licensed tree expert.
(6)
Tree limb removal, where necessary, will be done flush
to the trunk or main branch, and that area shall be painted with a
high quality of tree paint.
(7)
Protect trees against unnecessary cutting, breaking
or skinning of roots or bark. Soil or construction materials should
not be stored within the dripline of any tree scheduled to be saved.
Prohibit vehicular traffic, parking Of vehicles or excessive foot
traffic within the dripline.
(8)
Root damage on any root over 1 1/2 inches in
diameter shall be treated with tree paint in the same manner as treatment
to a cut limb. Temporarily cover all exposed roots with wet burlap
to prevent the roots from drying out, and cover exposed roots with
soil as soon as possible.
(9)
Water trees and other vegetation protected from construction
traffic as required to maintain their health during the course of
construction operations.
(10)
Avoid changing the existing ground elevation
within the dripline of trees scheduled to be saved. If grade changes
are absolutely necessary, grade changes should be accomplished by
following the examples of Figure 2.[4]
[4]
Editor's Note: Figure 2 is included at the end of this chapter.
C.
Prohibited acts. No person shall do or cause to be
done any of the following acts affecting trees or shrubbery planted
or growing naturally within areas that are affected by this chapter:
(1)
Cut, trim, break, girdle, disturb the roots of or
injure any living tree or damage, misuse or remove any structure or
device placed to support or protect any tree.
(2)
Plant or remove any living tree or climb any living
tree with spikes.
(3)
Fasten any rope, wire, electrical attachment, sign,
reflector or other device to a tree or to any guard around a tree.
(4)
Close or obstruct any open space around the base of
a tree which permits the access of air, water or fertilizer to the
roots of the tree.
(5)
Place any guy wire, brace, rope or other device on
any tree in such a manner as to injure it.
(6)
Permit any brine, petroleum-based product or injurious
chemical or liquid to come in contact with the trunk or roots of a
tree on any street.
(7)
Building a fire or station any tar kettle or engine
in such a manner that heat or noxious fumes will penetrate the dripline
of any nearby tree.
(8)
Dam or obstruct any watercourse so as to result in
flooding of adjacent treed areas or artificially change the water
table near trees.
(9)
Create impervious surfaces within the limits of the
dripline.
[1]
Editor's Note: This ordinance also provided
that violations shall be subject to the penalty provisions of the
Plainsboro Township Code Violations Ordinance.
B.
Insofar as is practical, side lot lines shall be either
at right angles or radial to street lines.
C.
Each lot must front upon an approved public street
with a right-of-way of at least 50 feet in width, except planned developments
on private streets maintained by the owner.
D.
Where extra width has been dedicated for widening
of existing streets, lots shall begin at such new street 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 poor drainage
conditions or flood conditions where percolation tests or test borings
show the ground conditions to be inadequate for proper sewage disposal
for on-lot sewage treatment or similar circumstances, the Board may,
after adequate investigation, withhold approval of such lots. If approval
is withheld, the Board shall give reasons and notify the applicant
and enter same in the minutes.
A.
Where public water is accessible for single-family
residential units, the applicant may construct water mains in such
a manner as to make adequate water service available to each lot or
dwelling unit within the subdivision or development. The entire system
shall be designed in accordance with the requirements and standards
of the local and/or state agency having approval authority and shall
be subject to its approval. The system shall also be designed with
adequate capacity and sustained pressure.
B.
Where no public water is accessible, water shall be
furnished by the subdivider on an individual lot basis. If wells are
installed on each lot and the lot also contains its own sewage disposal
facilities, the wells shall be of the drilled type with a minimum
of 40 feet of casing. Well installation, sealing and testing shall
be in accordance with the New Jersey Standards for Construction of
Water Supply Systems in Realty Improvements (Chapter 199 of the Public
Laws of 1954, as amended). The well will be required to have a production
of not less than six gallons per minute as established by bailer tests
and certified by the well driller. Before being placed in consumer
use, it shall be disinfected by the use of sodium hypochlorite or
other acceptable solutions, and a sample shall be collected by a local
or State Health Department representative for bacteriological examination.
A copy of the result of the above-referred-to bailer tests and bacteriological
examination and a certificate from the local or State Health Officer
that the owner has complied with the applicable local or state health
regulations shall be submitted to the municipality before the issuance
of construction permits in connection with each individual lot in
the subdivision.
A.
If a public treatment and collection system is accessible,
the applicant shall construct facilities in such a manner as to make
adequate sewage treatment available to each lot within the subdivision
from said treatment and collection system.
B.
Any treatment plant and collection system, including
individual on-site septic systems, shall be designed in accordance
with the requirements of the State Department of Environmental Protection
or Township ordinances, whichever is more restrictive, and shall be
subject to approval by the Township Department of Health.
[Added 3-10-2021 by Ord. No. 21-03]
Solar and wind energy installations, including rooftop, ground-mounted
(including pole-mounted), and parking lot canopy mounted installations
shall be designed in a manner that is compatible and complementary
to the building and site improvements of the property involved and
the surrounding area. Rooftop installations shall be designed so as
not to be visible from ground level, whether through placement on
the roof (setback from parapet) and/or installation method (flush-mounted
roof panels). Where such installation would otherwise be visible from
ground level, effective screening shall be introduced that is architecturally
integral and compatible with the design of the host building. Ground-
or pole-mounted installations shall be situated on the site in a manner
that allows effective landscape or other screening treatments to be
installed so as to limit views of the installation from off-site.
Parking lot canopy and other ground-mounted installations shall utilize
high quality components, materials and finishes (e.g., powder coat
painted box beams and/or tubular steel with matching edge treatments)
that result in an installation that is integrally designed to be compatible
and complementary to the building and site improvements on the property
and the surrounding area.
