[Ord. No. 01-21-OAB § 35]
All development within the Pinelands Area of the Township shall
comply with the development standards set forth in this article in
addition to all other regulations of this chapter. The development
standards of this article are intended to be the minimum provisions
necessary to achieve the purposes and objectives of the Pinelands
Protection Act for the Pinelands Area of the Township. In the event
of conflict between the standards set forth in this article and other
regulations of this chapter, the stricter provision shall apply.
[Ord. No. 01-21-OAB § 35]
a.
All agricultural activities and fish and wildlife management activities,
including the preparation of land and the planting, nurturing and
harvesting of crops, shall be carried out in accordance with recommended
management practices established for the particular agricultural activity
by the New Jersey Department of Agriculture, the Soil Conservation
Service, and the New Jersey Agricultural Experimental Station at Rutgers
University.
b.
In the Agricultural Production Zone, a resource conservation plan
shall be prepared by the operator of every agricultural use, or the
appropriate Soil Conservation District, if located in an area which
has been designated by the agency of Federal, State or local government
as having substandard surface or groundwater. If prepared by the operator,
such plan shall be submitted to the Soil Conservation District for
review. The resource conservation plan shall be reviewed, updated
and revised as necessary and shall provide for the use of recommended
management practices as found in, but not limited to, the following
publications:
c.
Right to Farm. Any agricultural operation, when operating as a permitted
use in any zoning district in the Pinelands Area, shall be exempt
from any ordinance or regulation which inhibits efficient crop production,
including but not limited to ordinances and regulations imposing time
limits on operation, dust limits and odor restrictions, except those
ordinances and regulations that are strictly necessary for the maintenance
of public health.
[Ord. No. 01-21-OAB § 35; Ord. No. 05-23-OAB § 1; Ord. No. 06-17-OAB § 16; Ord. No. 06-19-OAB § 16]
a.
All development shall adhere to the relevant air quality standards
of N.J.A.C. 7:27 et seq. Adherence to the standards of this section
shall be determined by means of an air quality simulation model approved
by the New Jersey Department of Environmental Protection pursuant
to N.J.A.C. 7:27-18.3.
b.
Applications for the following developments shall ensure that all
State ambient air quality standards in N.J.A.C. 7:27 et seq. for carbon
monoxide shall not be exceeded at places of maximum concentration
and at sensitive receptors:
1.
Residential development of 50 or more units and any other development
involving more than 100 parking spaces located in the RGR Zone.
[Ord. No. 01-21-OAB § 35]
All development shall be carried out in a manner that promotes
energy conservation and maximizes activities and passive solar energy,
in accordance with any applicable statutes. Such measures may include
orientation of buildings, landscaping to permit solar access and the
use of energy-conserving building materials.
[Ord. No. 01-21-OAB § 35]
a.
All proposed development in the Pinelands Area of the Township shall
conform to the requirements of this section in order to protect life
and property from forest fires.
b.
The following vegetation classifications shall be used in determining
the fire hazard potential of a parcel of land:
|
Fire Hazard Class
|
Vegetation Type
|
|---|---|
|
Low
|
Atlantic White Cedar Hardwood Swamps
|
|
Moderate
|
Non-Pine barrens forest prescribed burn areas
|
|
High
|
Pine barrens forest, including mature forms of pine, pine-oak
or oak-pine
|
|
Extreme
|
Immature or dwarf forms of pine-oak, or oak-pine; all classes
of pine-scrub oak and pinelowland
|
c.
No application for developmental approval shall be granted in moderate,
high and extreme fire hazard areas unless the applicant demonstrates
the following:
1.
All proposed development or units or sections thereof of 25 dwelling
units or more shall have two accessways of a width and surface composition
sufficient to accommodate and support firefighting equipment;
2.
All dead-end roads will terminate in a manner that provides safe
and efficient entry and exit for fire equipment;
3.
The rights-of-way of all roads will be maintained so that they provide
an effective firebreak;
4.
A fire hazard fuel break shall be provided around structures proposed
for human use by the selective removal or thinning of trees, bushes,
shrubs and ground cover as follows:
(a)
In moderate fire hazard areas, a fuel break of 30 feet measured
outward from the structure, in which shrubs, understory trees and
bushes and ground cover are to be selectively removed, mowed or pruned
on an annual basis and in which all dead plant material is removed.
(b)
In high fire hazard areas, a fuel break of 75 feet measured
outward from the structure, in which shrubs, understory trees and
bushes and ground cover are to be selectively removed, mowed or pruned
on an annual basis and in which all dead plant material is removed.
(c)
In extreme fire hazard areas, a fuel break of 100 feet measured
outward from the structure, in which shrubs, understory trees and
bushes and ground cover are to be selectively removed, mowed or pruned
on an annual basis; no pine tree (Pinus species) is closer than 25
feet to another pine tree; and in which all dead plan material is
removed.
5.
All residential developments of 100 or more dwelling units in high
or extreme fire hazard areas shall have a 200-foot perimeter fuel
break between all structures and the forest, in which shrubs, understory
trees and bushes and ground cover are selectively removed, mowed or
pruned, and maintained on an annual basis; all dead plant material
is removed; roads, rights-of-way, wetlands and waste disposal sites
shall be used as fire breaks to the maximum extent practicable; and
there is a specific program for maintenance.
6.
All structures shall meet the following specifications:
(a)
Roofs and exteriors will be constructed of fire resistant materials
such as asphalt rag felt roofing, tiles, slate, asbestos cement shingles,
sheet iron, aluminum or brick. Fire retardant-treated wood shingles
or shake type roofs are prohibited in high or extreme fire hazard
areas.
(b)
All projections such as balconies, decks and roof gables shall
be constructed of fire-resistant materials or materials treated with
fire-retardant chemicals;
(c)
Any openings in the roof, attic and the floor shall be screened;
(d)
Chimneys and stovepipes which are designed to burn solid or
liquid fuels shall be equipped with screens over the outlets; and
(e)
Flat roofs shall be prohibited in areas where vegetation is
higher than the roof.
[Ord. No. 01-21-OAB § 35]
a.
Protection of Threatened or Endangered Wildlife. No development shall
be carried out in the Pinelands Area of the Township unless it is
designed to avoid irreversible adverse impacts on habitats that are
critical to the survival of any local populations of threatened or
endangered animals designated by the Department of Environmental Protection
pursuant to N.J.S.A. 23:2A-1 et seq.
b.
Protection of Wildlife Habitat. All development or other authorized
activity shall be carried out in the Pinelands Area in a manner which
avoids disturbance of fish and wildlife habitats that are essential
to the continued nesting, resting, breeding and feeding of significant
populations of fish and wildlife in the Pinelands.
[Ord. No. 01-21-OAB § 35; Ord. No. 2012-16-OAB § 22]
a.
Permit Required. No forestry in the Pinelands Area of the Township
shall be carried out by any person unless a permit for such activity
has been issued by the Township Zoning Officer. Notwithstanding this
requirement, no such permits shall be required for the following forestry
activities:
1.
Normal and customary forestry practices on residentially improved
parcels of land that are five acres or less in size;
2.
Tree harvesting, provided that no more than one cord of wood per
five acres of land is harvested in any one year and that no more than
five cords of wood are harvested from the entire parcel in any one
year;
3.
Tree planting, provided that the area to be planted does not exceed
five acres in any one year, no soil disturbance occurs other than
that caused by the planting activity and no trees other than those
authorized by N.J.A.C. 7:50-6.25 are to be planted;
4.
Forest stand improvement designed to selectively thin trees and brush,
provided that no clearing or soil disturbance occurs and that the
total land area on the parcel in which the activity occurs does not
exceed five acres in any one year; and
5.
Prescribed burning and the clearing and maintaining of fire breaks.
b.
Forestry Application Requirements. The information in Subsections b1 or 2 below shall be submitted to the Township Zoning Officer prior to the issuance of any forestry permit:
1.
For forestry activities on a parcel of land enrolled in the New Jersey
Forest Stewardship Program, a copy of the approved New Jersey Forest
Stewardship Plan. This document shall serve as evidence of the completion
of an application with the Pinelands Commission as well as evidence
that the activities are consistent with the standards of the Pinelands
Comprehensive Management Plan. No certificate of filing from the Pinelands
Commission shall be required.
2.
For all other forestry applications:
(a)
The applicant's name and address and his interest in the subject
parcel;
(b)
The owner's name and address, if different from the applicant's,
and the owner's signed consent to the filing of the application;
(c)
The description, including block and lot designation and street
address, if any, of the subject parcel;
(d)
A description of all existing uses of the subject parcel;
(e)
A brief written statement generally describing the proposed
forestry operation;
(f)
A USGS Quadrangle map, or copy thereof, and a copy of the municipal
tax map sheet on which the boundaries of the subject parcel, the Pinelands
management area designation and the municipal zoning designation are
shown;
(g)
A forestry management plan that includes, as appropriate:
(1)
A cover page for the plan containing:
[a]
The name, mailing address and telephone number
of the owner of the subject parcel;
[b]
The municipality and county in which the subject
parcel is located;
[c]
The block and lot designation and street address,
if any, of the subject parcel;
[d]
The name and address of the forester who prepared
the plan, if not prepared by the owner of the subject parcel; and
[e]
The date the plan was prepared, subsequent revision
dates and the period of time the plan is intended to cover;
(2)
A clear and concise statement of the owner's objectives for
undertaking the proposed forestry activities, including a description
of the short- (five years) and long-term (20 years) objectives for
all proposed silvicultural techniques that will be used to manage
the parcel;
(3)
A description of the existing conditions of the subject parcel
and of each forest stand in which a proposed activity, prescription
or practice will occur. These stand descriptions shall include photographs
of each stand taken at eye level showing the location of all Pinelands
Native Forest Types, as identified at N.J.A.C. 7:50-6.43, and shall
be keyed to an activity map that shall include, as appropriate, the
following information:
[a]
The number of acres;
[b]
The general condition and quality of each stand;
[c]
The overall site quality, relative to the management goals and objectives identified in Subsection b2(g)(2) above;
[d]
An inventory and map of Pinelands Native Forest
Types with Native Forest Types broken into "stands," including information
on type, size and volume by species;
[e]
The age of representative trees;
[f]
The species composition, including overstory, understory,
ground layer structure and composition;
[g]
The stand cohort composition;
[h]
The percent cover;
[i]
The basal area;
[j]
The structure, including age classes, diameter
breast height (DBH) classes and crown classes;
[k]
The condition and species composition of advanced
regeneration when applicable;
[l]
A stocking table showing the stocking levels, growth
rates and volume;
[m]
Projections of intended future stand characteristics
at ten-, twenty-, and forty-year intervals;
[n]
A description of the forestry activities, silvicultural
prescriptions, management activities and practices proposed during
the permit period and the acreage proposed for each activity. These
may include, but are not necessarily limited to, a description of:
[1]
Stand improvement practices;
[2]
Site preparation practices;
[3]
Harvesting practices;
[4]
Regeneration and reforestation practices;
[5]
Improvements, including road construction, stream
crossings, landings, loading areas and skid trails;
[6]
Herbicide treatments;
[7]
Silvicultural treatment alternatives;
[8]
If planting will occur to accomplish reforestation,
the application shall include seed sources records, if such records
are available;
[9]
Implementation instructions; and
[10]
Measures that will be taken to prevent the potential
spread of exotic plant species or phragmites into wetlands; and
[o]
A description, if appropriate, of the forest products
to be harvested, including volume expressed in cords and board feet;
diameter breast height (DBH) classes and average diameter; age; heights;
and number of trees per acre; and
(4)
A map of the entire parcel which includes the following:
[a]
The owner's name, address and the date the map
was prepared;
[b]
An arrow designating the north direction;
[c]
A scale which is not smaller than one inch equals
2,000 feet or larger than one inch equals 400 feet;
[d]
The location of all property lines;
[e]
A delineation of the physical features such as
roads, streams and structures;
[f]
The identification of soil types (a separate map
may be used for this purpose);
[g]
A map inset showing the location of the parcel
in relation to the local area;
[h]
Clear location of the area and acreage in which
each proposed activity, prescription or practice will occur. If shown
on other than the property map, the map or maps shall note the scale,
which shall not be smaller than one inch equals 2,000 feet or larger
than one inch equals 400 feet, and shall be appropriately keyed to
the property map; and
[i]
A legend defining the symbols appearing on the
map.
(i)
A cultural resource survey documenting cultural resources on those portions of the parcel where ground disturbance due to site preparation or road construction will occur and a detailed description of the measures proposed by the applicant to treat those cultural resources in accordance with § 35-149;
(j)
A statement identifying the type, location and frequency of any proposed herbicide treatments and how such treatments will comply with the standards set forth in Subsection c9(b) below;
(k)
A statement identifying the specific steps to be taken to ensure
that trees or areas to be harvested are properly identified so as
to ensure that only those trees intended for harvesting are harvested;
(1)
Written comments from the New Jersey State Forester concerning the extent to which the proposed forestry activities are consistent with the guidelines provided in the New Jersey Forestry and Wetlands Best Management Practices Manual developed by the New Jersey Department of Environmental Protection, dated October 1995, as amended. Any such comments which indicate that the proposed activities are not consistent with said Manual must be addressed by the applicant in terms of their potential impact on the standards set forth in Subsection c below; and
(l)
A Certificate of Filing from the Pinelands Commission issued
pursuant to N.J.A.C. 7:50-4.34; and
c.
Forestry Standards. Forestry operations shall be approved only if
the applicant can demonstrate that the standards set forth below are
met:
1.
All forestry activities shall serve to maintain Pinelands native
forest types, including those which are locally characteristic, except
in those stands where other forest types exist;
2.
Any newly developed access to lands proposed for harvesting shall
avoid wetland areas except as absolutely necessary to harvest wetlands
species or to otherwise gain access to a harvesting site;
3.
The following actions shall be required to encourage the establishment,
restoration or regeneration of Atlantic White Cedar in cedar and hardwood
swamps:
(a)
Clear-cutting cedar and managing slash;
(b)
Controlling competition by other plant species;
(c)
Utilizing fencing and other retardants, where necessary, to
protect cedar from overbrowsing;
(d)
Utilizing existing streams as cutting boundaries, where practical;
(e)
Harvesting during dry periods or when the ground is frozen;
and
(f)
Utilizing the least intrusive harvesting techniques, including
the use of winches, corduroy roads and helicopters, where practical.
4.
All forestry activities and practices shall be designed and carried out so as to comply with the standards set forth in §§ 35-146 and 35-157e. The species accounts provided in the "Recommended Forestry Management Practices Report," Appendix I - Endangered Animals, dated March 2006, as amended and supplemented and available at the principal office of the Commission or at www.nj.gov/pinelands, may be utilized as a guide for meeting these standards;
5.
All forestry activities and practices shall be designed and carried
out so as to comply with the standards for the land application of
waste set forth in N.J.A.C. 7:50 6.79, except as expressly authorized
in this section;
6.
All forestry activities and practices shall be designed and carried out so as to comply with the standards for the protection of historic, archaeological and cultural resources set forth in § 35-149;
7.
A vegetated streamside management zone shall be maintained or established
adjacent to streams, ponds, lakes and marshes, except that no streamside
management zone shall be required when Atlantic White Cedar is proposed
to be harvested, established, restored or regenerated. The streamside
management zone shall be at least 25 feet in width. Where soils are
severely erodible, slopes exceed 10% or streamside vegetation is not
vigorous, the streamside management zone shall be increased up to
a maximum of 70 feet to buffer the water body from adjacent forestry
activities;
8.
Stream crossings, access roads, timber harvesting, skid trails, log
decks, portable sawmill sites, site preparation, and reforestation
shall be designed and carried out so as to:
9.
The following standards shall apply to silvicultural practices for
site preparation, either before or after harvesting:
(a)
In areas with slopes of greater than 10%, an undisturbed buffer
strip of at least 25 feet in width shall be maintained along roads
during site preparation to catch soil particles;
(b)
Herbicide treatments shall be permitted, provided that:
(1)
The proposed treatment is identified in the forestry application submitted to the Zoning Officer pursuant to Subsection b2(j) above;
(2)
Control of competitive plant species is clearly necessary;
(3)
Control of competitive plant species by other, non-chemical
means is not practical;
(4)
All chemicals shall be expressly labeled for forestry use and
shall be used and mixed in a manner that is consistent with relevant
State and Federal requirements; and
(5)
In Pine-Shrub Oak Native Forest Types, herbicide treatments
shall only be permitted as a method to temporarily suppress shrub-oak
understory in order to facilitate pine regeneration. All such herbicide
treatments shall be applied in a targeted manner so that there will
be no significant reduction in tree or shrub-oak resprouting outside
those areas subject to the herbicide treatment;
(c)
Broadcast scarification and mechanical weeding shall be permitted
in all Pinelands Native Forest Types;
(d)
Disking shall be permitted, provided that:
(1)
It shall not be permitted in Pine Plains Native Forest Types;
(2)
Disking shall only be permitted in Pine-Shrub Oak Native Forest
Types as a method to temporarily suppress shrub-oak understory in
order to facilitate pine regeneration, and shall be limited as follows:
[a]
Disking may occur one time during the first year
of the establishment of a stand to assure the successful growth of
pine seedlings and may be repeated one time during the second year
of the growth of the stand only in areas where pine seedling establishment
has not successfully occurred; and
[b]
Only single-pass disking, which penetrates the
soil no deeper than six inches, shall be permitted.
(3)
It shall not occur in wetlands, except as may be necessary to
establish, restore or regenerate Atlantic White Cedar. When so used,
disking shall be limited to shrub-dominated parcels and recently abandoned
agricultural lands; and
(4)
It shall follow land contours when slopes are discernible;
(e)
Root raking shall be permitted, provided that:
(1)
It shall not be permitted in Pine-Shrub Oak Native Forest Types
or Pine Plains Native Forest Types;
(2)
When used to establish, restore or regenerate Atlantic White
Cedar, root raking shall be limited to shrub-dominated parcels and
recently abandoned agricultural lands; and
(3)
Root raking debris shall not be piled in wetlands;
(f)
Bedding shall be permitted only in recently abandoned, cultivated
wetlands where there are no established Pinelands Native Forest Types;
and
(g)
Drum chopping shall be permitted, provided that:
(1)
It shall not be permitted in Pine Plains Native Forest Types
except to create road shoulder fuelbreaks, which shall be limited
to 25 feet in width, or to create scattered early successional habitats
under two acres in size;
(2)
It shall not be permitted in wetlands, except as may be necessary
to establish, restore or regenerate Atlantic White Cedar. When so
used, drum chopping shall be limited to shrub-dominated parcels and
recently abandoned agricultural lands; and
(3)
It shall adhere to the following procedures:
[a]
No more than two passes shall be permitted except
to create scattered early successional habitats under two acres in
size;
[b]
Drums shall remain unfilled when used during the
dormant season;
[c]
Chop up and down the slope on a parcel so the depressions
made by the cleats and chopper blades run parallel to the contour
of the land to help reduce the occurrence of channeled surface erosion;
[d]
Chop so the depressions made by the cleats and
chopper blades run parallel to a wetland or water body; and
[e]
Avoid short-radius, 180° turns at the end of
each straight pass.
10.
The following standards shall apply to silvicultural practices for
harvesting:
(a)
Clear-cutting shall be permitted, provided that:
(1)
It shall not be permitted in Pine Plains Native Forest Types;
(2)
It shall be limited to 300 acres or 5% of a parcel, whichever
is greater, during any permit period;
(3)
A fifty-foot-wide buffer strip, in which only periodic pruning
and thinning may occur, shall be maintained between any clear-cut
and the parcel boundaries;
(4)
A buffer strip, in which only periodic pruning and thinning
may occur, shall also be maintained to separate each twenty-five-acre
or larger clear-cut from other twenty-five-acre or larger clear-cut,
coppice cuts and seed tree cuts that occur within a fifteen-year period.
The buffer strip separating two twenty-five-acre harvests shall be
50 feet in width and, for a larger harvest, shall increase in width
by one foot for each acre of that harvest above 25, to a maximum of
300 feet in width;
(5)
Where present on a parcel, a minimum of 18 dead snags per acre
of at least 10 inches diameter breast height (DBH) and six feet in
height shall be left on the parcel for a minimum of five years; and
(6)
The area of the parcel subject to the clear-cut shall have contoured
edges unless the boundary of the clear-cut serves as a firebreak in
which case straight edges may be used;
(b)
Coppicing shall be permitted in all Pinelands Native Forest
Types, provided that:
(1)
It shall be limited to 500 acres in size or 10% of a parcel,
whichever is greater, during any permit period;
(2)
A fifty-foot-wide buffer strip, in which only periodic pruning
and thinning may occur, shall be maintained between any coppice cut
and the parcel boundaries;
(3)
A buffer strip, in which only periodic pruning and thinning
may occur, shall also be maintained to separate each 25-acre or larger
coppice cut from other 25-acre or larger clear-cut, coppice cuts and
seed tree cuts that occur within a fifteen-year period. The buffer
strip separating two twenty-five-acre harvests shall be 50 feet in
width and, for a larger harvest, shall increase in width by one foot
for each acre of that harvest above 25, to a maximum of 300 feet in
width;
(4)
Where present on a parcel, a minimum of 18 dead snags per acre
of at least 10 inches DBH and six feet in height shall be left on
the parcel for a minimum of five years; and
(5)
The area of the parcel subject to the coppice cut shall have
contoured edges unless the boundary of the coppice cut serves as a
firebreak in which case straight edges may be used;
(c)
Seed tree cutting shall be permitted in all Pinelands Native
Forest Types, provided that:
(1)
It shall be limited to 500 acres in size or 10% of a parcel,
whichever is greater, during any permit period;
(2)
A fifty-foot-wide buffer strip, in which only periodic pruning
and thinning may occur, shall be maintained between any seed tree
cut and the parcel boundaries;
(3)
A buffer strip, in which only periodic pruning and thinning
may occur, shall also be maintained to separate each 25-acre or larger
seed tree cut from other 25-acre or larger clear-cut, coppice cuts
and seed tree cuts that occur within a fifteen-year period. The buffer
strip separating two twenty-five-acre harvests shall be 50 feet in
width and, for a larger harvest, shall increase in width by one foot
for each acre of that harvest above 25, to a maximum of 300 feet in
width;
(4)
Where present on a parcel, a minimum of 18 dead snags per acre
of at least 10 inches DBH and six feet in height shall be left on
the parcel for a minimum of five years;
(5)
The area of the parcel subject to the seed tree cut shall have
contoured edges unless the boundary of the seed tree cut serves as
a firebreak in which case straight edges may be used;
(6)
Dominant residual seed trees shall be retained at a distribution
of at least seven trees per acre; and
(7)
Residual seed trees shall be distributed evenly throughout the
parcel; and
(d)
Shelterwood cutting, group selection and individual selection
shall be permitted in all Pinelands Native Forest Types.
11.
The following standards shall apply to silvicultural practices for
forest regeneration:
(a)
Natural regeneration shall be permitted in all Pinelands Native Forest Types and shall be required in the Pine Plains Native Forest Type, except as provided in Subsection 11(b) below; and
(b)
Artificial regeneration shall be permitted in all Pinelands
Native Forest Types provided that:
(1)
The use of non-native cuttings, seedlings or seeds shall not
be permitted;
(2)
The use of hybrid cuttings, seedlings or seeds shall be permitted
if it can be demonstrated that the cutting is from a locally native,
naturally occurring hybrid which will be planted within its natural
range and habitat;
(3)
Cuttings, seedlings or seeds shall be collected and utilized
so as to ensure genetic diversity; and
(4)
When used in Pine Plains Native Forest Types, artificial regeneration
shall only be permitted to restore drastically disturbed sites if
seeds or seedlings from the immediate vicinity have been collected
from local, genetically similar sources.
12.
Following site preparation and harvesting activities, slash shall
either be retained in piles on the parcel, distributed throughout
the parcel, removed from the parcel or burned.
13.
Thinning shall be permitted in all Pinelands Native Forest Types,
including that which serves to maintain an understory of native plants
and/or manage stand composition, density, growth and spatial heterogeneity.
14.
A copy of the approved municipal forestry permit shall be conspicuously
posted on the parcel which is the site of the forestry activity.
d.
Forestry Permit Procedures.
1.
Applications for forestry permits shall be submitted to the Zoning
Officer and shall be accompanied by an application fee of $25.
2.
Within 14 days of receipt of an application, the Zoning Officer shall
determine whether the application is complete and, if necessary, notify
the applicant in writing of any additional information, which is necessary
to complete the application. Should the Zoning Officer fail to make
such a determination within 14 days, the application shall be considered
to be complete as of the 15th day following its submission.
3.
Within 45 days of determining an application to be complete pursuant to Subsection d2 above, or within such further time as may be consented to by the applicant, the Zoning Officer shall issue a forestry permit if the activities proposed in the application comply with the standards in Subsection c above or disapprove any application which does not meet the requirements of Subsection c above. Any such notice of disapproval shall specifically set forth the deficiencies of the application.
4.
Upon receipt of a notice of disapproval pursuant to Subsection d3 above, the applicant shall have 30 days in which to correct the deficiencies and submit any necessary revisions to the application to the Zoning Officer for review. The Zoning Officer shall review the revised application to verify conformity with the standards in Subsection c above and shall, within 14 days of receipt of the revised application, issue a forestry permit or disapprove the application pursuant to Subsection d3 above.
5.
Failure of the Zoning Officer to act within the time period prescribed in Subsections d3 and 4 above shall constitute approval of the forestry application as submitted. At the request of the applicant, a certificate as to the failure of the Zoning Officer to act shall be issued by the municipality and it shall be sufficient in lieu of the written endorsement or other evidence of municipal approval required herein.
6.
In reviewing and issuing permits for forestry applications, the Zoning Officer shall also comply with the Pinelands Area notice and review procedures set forth in §§ 35-145 through 148 of this chapter.
7.
Forestry permits shall be valid for a period of 10 years. Nothing
in this section shall be construed to prohibit any person from securing
any additional permits, provided that the requirements of this chapter
and the Pinelands Comprehensive Management Plan are met.
e.
Administrative Fees. Upon the issuance of a forestry permit pursuant to Subsection d3 above, the applicant shall be required to pay a sum of $250 which shall serve as reimbursement for any administrative costs incurred by the municipality during the ten-year permit period. The applicant shall not be subject to any additional fees or escrow requirements for the duration of the forestry permit.
f.
Notification of Harvesting. No harvesting shall be commenced until
the applicant has provided the Zoning Officer with 72 hours' written
notice of the intention to begin harvesting operations.
[Ord. No. 01-21-OAB § 35]
a.
The Planning Board shall exercise all the powers and perform all the duties set forth in N.J.A.C. 7:50-6.153(a), including recommendations to the Township Council for designation of historic resources, in accordance with N.J.S.A. 40:55D-1 et seq., which are determined to be significant pursuant to Subsection e2 below.
b.
Certificates of Appropriateness.
c.
Certificates of Appropriateness Required. Certificates of appropriateness
shall be required for the following:
1.
Construction, encroachment upon, alteration remodeling, removal,
disturbance or demolition of any resource designated by the Township
Council or the Pinelands Commission pursuant to N.J.A.C. 7:50-6.154
or any action which renders such a site inaccessible; and
d.
Applications for certificates of appropriateness shall include the
information specified in N.J.A.C. 7:50-6.156(b).
e.
Cultural Resource Survey. A cultural resource survey shall accompany
all applications for major development in the Pinelands Area in order
to determine whether any significant historic resources exist on the
parcel. Guidelines for this survey are contained in Appendix B of
the "Cultural Resource Management Plan," dated April 1991, as amended.
In general, the survey shall include: a statement as to the presence
of any properties listed on the National and State Registers of Historic
Places on the site or within the area of the projects' potential environmental
impacts; a thorough search of State, local and any other pertinent
inventories to identify sites of potential significance; a review
of the literature and consultation with professional and a vocational
archaeologists knowledgeable about the area; thorough pedestrian and
natural resources surveys; archaeological testing as necessary to
provide reasonable evidence of the presence or absence of historic
resources of significance; adequate recording of the information gained
and methodologies and sources used; and a list of personnel involved
and qualifications of the person(s) performing the survey.
1.
This requirement for a survey may be waived by the local approving
authority if:
(a)
There is sufficient evidence of significant cultural activity
on the project site or, in the case of archaeological resources, within
the vicinity;
(b)
The evidence of cultural activity on the site lacks the potential
for importance because further recording of the available data will
not contribute to a more comprehensive understanding of Pinelands
culture; or
2.
A resource shall be deemed to be significant if it possesses integrity
of location, design, setting, materials, workmanship, feeling and
association which reflects its significance in American history, architecture,
archaeology or culture under one or more of the following criteria:
(a)
The presence of structures, sites or areas associated with events
of significance to the cultural, political, economic or social history
of the nation, State, local community or the Pinelands; or
(b)
The presence of structures, sites or areas associated with the
lives of persons or institutions of significance to the cultural,
political, economic or social history of the nation, State, local
community or the Pinelands; or
(c)
The presence of structures that represent the work of a master,
or that possesses high artistic values, or that embody the distinctive
characteristics of a type, period or method of construction, or that
represent a distinguishable entity of significance to the architectural,
cultural, political, economic or social history of the nation, State
or local community of the Pinelands, although its components may lack
individual distinction; or
(d)
The presence of a site or area that has yielded or is likely
to yield significant information regarding the history or archaeological
history of the Pinelands.
f.
Basis for Certificate Issuance. The standards governing the issuance
of certificates of appropriateness in N.J.A.C. 7:50-6.156(c) shall
be followed by the Planning Board and Board of Adjustment.
g.
Effect of Issuance. The effect of issuance of a certificate of appropriateness
is as follows:
1.
All subsequent development approvals shall be issued or denied in a manner consistent with the certificate of appropriateness except as provided in Subsection g2 below.
2.
A certificate of appropriateness issued as a result of the cultural resource survey requirement set forth in Subsection e above shall be effective for two years. If the resource is not designated by the Commission pursuant to N.J.A.C. 7:50-6.154 or by the Township Council pursuant to N.J.S.A. 40:55D-1 et seq. within that two-year period, the historic resource standards of this section shall no longer apply to the resource in question until such time as the Commission designates the resource pursuant to N.J.A.C. 7:50-6.154.
h.
Other Documentation. The following information will be required to
document resources, which are not found to be significant, but which
are otherwise found to present graphic evidence of a cultural activity:
1.
A narrative description of the resource and its cultural environment;
2.
Photographic documentation to record the exterior appearance of buildings,
structures and engineering resources;
3.
A site plan depicting in correct scale the location of all buildings,
structures and engineering resources;
4.
A New Jersey State inventory form as published by the New Jersey
Department of Environmental Protection for buildings and a narrative
description of any process or technology if necessary to elaborate
upon the photographic record.
i.
Identification During Construction. If archaeological data is discovered
on a site at any time after construction has been commenced, the developer
shall immediately cease construction, notify the Planning Board and
the Pinelands Commission and take all reasonable steps to protect
the archaeological data in accordance with the "Guidelines for the
Recovery of Scientific, Prehistoric, Historic and Archaeological Data:
Procedures for Notification, Reporting and Data Recovery" (36 C.F.R.
66).
[Ord. No. 01-21-OAB § 35; Ord. No. 2012-16-OAB § 23]
a.
Except for land which was owned by a public agency on January 14,
1981, land which is thereafter purchased by the State for conservation
purposes, land which is subject to an easement limiting the use of
land to nonresidential uses or land otherwise excluded from entitlement
in this section, every parcel of land in the PA Zone and AP Zone shall
have a use right known as Pinelands development credits that can be
used to secure a density bonus for lands located in the Regional Growth
Residential Zone. Pinelands development credits may also be allocated
to certain properties in the Township by the Pinelands Commission
pursuant to N.J.A.C. 7:50-4.61 et seq.
b.
Pinelands development credits are hereby established at the following
ratios:
1.
In the PA Zone:
(a)
Uplands that are undisturbed but currently or previously approved
for resource extraction pursuant to this chapter: two Pinelands development
credits per 39 acres;
(b)
Uplands which are mined as a result of a resource extraction
permit approved pursuant to this chapter: zero Pinelands development
credits per 39 acres;
(c)
Other uplands: one Pinelands development credit per 39 acres;
and
(d)
Wetlands: 0.02 Pinelands development credits per 39 acres.
2.
In the AP Zone:
(a)
Uplands that are undisturbed but approved for resource extraction
pursuant to this chapter: two Pinelands development credits per 39
acres;
(b)
Uplands which are mined as a result of a resource extraction
permit approved pursuant to this chapter: zero Pinelands development
credits per 39 acres;
(c)
Other uplands and areas of active berry agricultural bogs and
fields: two Pinelands development credits per 39 acres;
(d)
Wetlands in active field agricultural use currently and as of
February 7, 1979: two Pinelands development credits per 39 acres;
and
(e)
Other wetlands: 0.02 Pinelands development credits per 39 acres.
c.
The allocations established in Subsection b above shall be reduced as follows:
1.
Any parcel of 10 acres or less which is developed for a commercial,
industrial, resource extraction, intensive recreation, institutional,
campground or landfill use shall not receive Pinelands development
credit entitlement. For such an improved parcel of more than 10 acres,
the area actively used for such use or 10 acres, whichever is greater,
shall not receive Pinelands development credit entitlement.
2.
The Pinelands development credit entitlement of a parcel of land
shall be reduced by 0.25 Pinelands development credits for each existing
dwelling unit on the property.
3.
The Pinelands development credit entitlement for a parcel of land shall be reduced by 0.25 Pinelands development credits for each reserved right to build a dwelling unit on the parcel retained by the owner of the property pursuant to Subsection h2 below or when a variance for cultural housing is approved by the Township pursuant to Subsection 35-89.15b.
4.
The Pinelands development credit entitlement for a parcel of land
shall be reduced by 0.25 Pinelands development credits for each dwelling
unit approved pursuant to N.J.A.C. 7:50-4.61 et seq., when a waiver
of strict compliance is granted by the Pinelands Commission.
d.
The owners of parcels of land which are smaller than 39 acres shall have a fractional Pinelands development credit at the same ratio established in Subsection b above.
e.
Notwithstanding the provisions above, the owner of record of 0.10
or greater acres of land in the PA Zone or AP Zone, as of February
7, 1979, shall be entitled to 0.25 Pinelands development credits,
provided that the parcel of land is vacant, was not in common ownership
with any contiguous land on or after February 7, 1979, and has not
been sold or transferred except to a member of the owner's immediate
family.
f.
The provisions of Subsection e above shall also apply to owners of record of less than 0.10 acre of land in the PA Zone and AP Zone, as of February 7, 1979, provided that said owners acquire vacant, contiguous lands to which Pinelands development credits are allocated pursuant to Subsections a and b above, which lands, when combined with the acreage of the parcel owned prior to February 7, 1979 total at least 0.10 of an acre.
h.
Limitations on Use of Pinelands Development Credits.
1.
No Pinelands development credit may be conveyed, sold, encumbered, or transferred unless the owner of the land from which the credit has been obtained has received a Pinelands development credit certificate from the New Jersey Pinelands Development Credit Bank pursuant to N.J.A.C. 3:42-3, and has deed restricted the use of the land in perpetuity to those uses set forth in Subsection l2 below by a recorded deed restriction which is in favor of a public agency or not-for-profit incorporated organization and specifically and expressly enforceable by the Pinelands Commission.
2.
Notwithstanding the provisions of Subsection h1 above, an owner of a parcel from which Pinelands development credits are sold may retain a right for residential development on that parcel, provided that the recorded deed restriction expressly provided for same and that the total allocation of Pinelands development credits for that property is reduced by 0.25 Pinelands development credit for each reserved right to build a dwelling unit. Subdivision of the property shall not be required until such time as the residential development right is exercised.
i.
The bonus density of a parcel of land on which Pinelands development
credits are used shall not exceed the density provided in the RGR
Zone for the transfer of Pinelands development credits.
j.
No development involving the use of Pinelands development credits shall be approved until the developer has provided the Pinelands Commission and the Township with evidence of his ownership and redemption of the requisite Pinelands development credits; provided, however, that the Township may grant general development plan, preliminary subdivision or preliminary site plan approval conditioned upon such evidence being presented as a prerequisite to final subdivision or site plan approval. For such a final subdivision or site plan, the developer shall provide evidence of Pinelands development credit ownership and redemption to secure the same proportion of lots or residential units as was approved for Pinelands development credit use in the preliminary approval or, as appropriate, the general development plan. Notification of any such preliminary or final approval shall be made to the Commission pursuant to § 35-145 and to the New Jersey Pinelands Development Credit Bank in accordance with N.J.A.C. 3:42-3. Redemption of the requisite Pinelands development credits shall thereafter be accomplished in accordance with N.J.A.C. 3:42-3.6 prior to the memorialization of the resolution granting final subdivision or final site plan approval, or if no such approval is required, prior to the issuance of any construction permits. In no case shall a building or construction permit be issued for any development involving the use of Pinelands development credits until the developer has provided the Pinelands Commission and the Township with evidence of his ownership of the requisite Pinelands development credits and those Pinelands development credits have been redeemed with the Township.
k.
Use of Credits. Pinelands development credits shall be used in the
following manner:
1.
To permit development of parcels of land in the RGR Zone according to the density and lot area requirements set forth in § 35-101 and Subsection 35-110.12a7;
2.
When a variance of density of minimum lot area requirements for the
RGR Zone is granted by the Township, Pinelands development credits
shall be used for all dwelling units or lots in excess of that otherwise
permitted without the variance;
3.
When a variance for a nonresidential use not otherwise permitted
in the RGR Zone is granted by the Township, Pinelands development
credits shall be used at 50% of the maximum rate permitted for Pinelands
development credit use in the RGR Zone for parcels under 10 acres
in size; at 75% of the maximum permitted rate for parcels between
10 and 20 acres in size; and at 100% of the maximum permitted rate
for parcels over 20 acres in size;
4.
When a variance for cultural housing is granted by the Township in accordance with Subsection 35-89.15b; and
5.
When a waiver of strict compliance is granted by the Pinelands Commission
pursuant to N.J.A.C. 7:50-4.61 et seq.
l.
Recording of Deed Restrictions.
1.
No conveyance, sale or transfer of Pinelands development credits
shall occur until the municipality with jurisdiction over the parcel
of land from which the Pinelands development credits were obtained,
the agency or organization to which the restriction is in favor, and
the Commission have been provided with evidence of recordation of
a restriction on the deed to the land from which the development credits
were obtained.
2.
Such deed restriction shall specify the number of Pinelands development
credits sold and that the property may only be used in perpetuity
for the following uses:
(a)
In the PA Zone: Berry agriculture; horticulture of native Pinelands
plants; forestry; beekeeping; fish and wildlife management; wetlands
management; agricultural employee housing as an accessory use; and
low-intensity recreational uses in which the use of motorized vehicles
is not permitted except for necessary transportation, access to water
bodies is limited to no more than 15 feet of frontage per 1,000 feet
of frontage on the water body, clearing of vegetation does not exceed
5% of the parcel, and no more than 1% of the parcel will be covered
with impervious surfaces.
(b)
In the AP Zone: Agriculture; forestry; agricultural employee
housing as an accessory use; low-intensity recreational uses in which
the use of motorized vehicles is not permitted except for necessary
transportation, access to water bodies is limited to no more than
15 feet of frontage per 1,000 feet of frontage on the water body,
clearing of vegetation does not exceed 5% of the parcel, and no more
than 1% of the parcel will be covered with impervious surfaces; fish
and wildlife management; wetlands management; agricultural commercial
establishments, excluding supermarkets, restaurants and convenience
stores, where the principal goods or products available for sale were
produced in the Pinelands and the sales area does not exceed 5,000
square feet; airports and heliports accessory to agricultural uses
and which are used exclusively for the storage, fueling, loading and
operation of aircraft as part of an ongoing agricultural operation;
agricultural products processing facilities; and accessory uses.
[Amended 6-25-2018 by Ord. No. 18-22-OAB]
(c)
In all other Pinelands zoning districts where Pinelands development
credits have been allocated pursuant to N.J.A.C. 7:50-4.62(d)2: agriculture,
forestry and low intensity recreational uses.
m.
Pinelands development credits, which are used for securing a density
bonus for parcels of land located in the RGR Zone, shall yield a bonus
of four dwelling units per credit.
n.
Pinelands development credits may be aggregated from different parcels for use in securing a bonus for a single parcel of land in the RGR Zone, provided that density in the RGR Zone does not exceed that provided in Subsections 35-101.6b3 and 35-110.12a7 for the transfer of Pinelands development credits.
[Ord. No. 01-21-OAB § 35]
a.
All recreation areas and facilities shall be designed in accordance
with the New Jersey Department of Environmental Protection publication
"Administrative Guidelines: Barrier-Free Design Standards for Parks
and Recreational Facilities."
b.
Improved bicycling facilities shall be provided only in conjunction
with paved roads.
[Ord. No. 01-21-OAB § 35]
a.
Except as otherwise authorized in this chapter, the extraction or
mining of mineral resources, other than sand, gravel, clay and ilmenite,
is prohibited.
b.
Any application filed for approval of resource extraction operations
in the Pinelands Area shall include at least the following information:
1.
The applicant's name and address and his interest in the subject
parcel;
2.
The owner's name and address, if different from the applicant's,
and the owner's signed consent to the filing of the application;
3.
The legal description, including block and lot designation, and street
address, if any, of the subject parcel;
4.
A description of all existing uses of the subject parcel;
5.
A brief written statement generally describing the proposed development;
6.
A USGS quadrangle map, or copy thereof, and a copy of the municipal
tax map sheet on which are shown the boundaries of the subject parcel,
the Pinelands management area designation and the zoning designation;
7.
A topographic map at a scale of one inch equals 200 feet, showing
the proposed dimensions, location and operations on the subject parcel;
8.
The location, size and intended use of all buildings;
9.
The location of all points of ingress and egress;
10.
A location map, including the area extending at least 300 feet beyond
each boundary of the subject parcel, showing all streams, wetlands
and significant vegetation, forest associations and wildlife habitats;
11.
The location of all existing and proposed streets and rights-of-way,
including railroad rights-of-way;
12.
A soils map;
13.
A restoration plan, which includes:
(a)
Method of stockpiling topsoil and overburden;
(b)
Proposed grading and final elevations;
(c)
Topsoil material application and preparation;
(d)
Type, quantity and age of vegetation to be used;
(e)
Fertilizer application including method and rates;
(f)
Planting method and schedules; and
(g)
Maintenance requirements schedule.
14.
A signed acknowledgment from both the owner and the applicant that
they are responsible for any resource extraction activities which
are contrary to any provision of this chapter or of the approved resource
extraction plan done by any agent, employee, contractor, subcontractor
or any other person authorized to be on the parcel by either the owner
or the applicant;
15.
A financial surety, guaranteeing performance of the requirements of Subsection c below in the form of a letter of credit, certified check, surety bond or other recognized form of financial surety acceptable to the Pinelands Commission. The financial surety shall be equal to the cost of restoration of the area to be excavated during the duration of any approval that is granted. The financial surety, which shall name the Pinelands Commission and the Township as the obligee, shall be posted by the property owner or his agent with the Township.
c.
Resource Extraction Standards. Resource extraction operations shall
be approved only if the applicant can demonstrate that the proposed
resource extraction operation:
1.
Is designed so that no area of excavation, sedimentation pond, storage
area, equipment, or machinery or other structure or facility is closer
than 200 feet to any property line, unless it can be demonstrated
that a distance between 100 and 200 feet will not result in greater
off-site environmental impacts;
2.
Is to be located on a parcel of land at least 20 acres in size;
3.
Provides that all topsoil that is necessary for restoration will
be stored on the site and will be protected from wind or water erosion.
Topsoil shall not be stored within 200 feet of any property line unless
the area proposed for storage is unforested and will be restored;
4.
Is fenced or blocked to prevent unauthorized entry into the resource
extraction operation through access roads;
5.
Provides ingress and egress to the resource extraction operation
from public roads by way of gravel or porous paved roadways;
6.
Is designed so that the surface runoff will be maintained on the
parcel in a manner that will provide for on-site recharge to groundwater;
7.
Will not involve excavation exceeding 65 feet below the natural surface
of the ground existing prior to excavation unless it can be demonstrated
that a depth exceeding 65 feet will result in no significant adverse
impact relative to the proposed final use or on off-site areas;
8.
Will be carried out in accordance with an extraction schedule, which depicts the anticipated sequence, as well as anticipated length of time, that each of the twenty-acre units of the parcel proposed for extraction will be worked. This shall not preclude more than one twenty-acre unit from being worked at any one time, provided that there is a demonstrated need for additional units, restoration is proceeding on previously mined units and the area of clearing does not exceed that specified in Subsection c9 below;
9.
Will not involve clearing adjacent to ponds in excess of 20 acres
or an area necessary to complete scheduled operations; or will not
involve unreclaimed clearing exceeding 100 acres or 50% of the area
to be mined, whichever is less, for surface excavation at any time;
10.
Will not result in a substantial adverse impact upon those significant
resources depicted on the Special Areas Map appearing as Figure 7.1
in the Comprehensive Management Plan; and
11.
Will involve restoration of disturbed areas at the completion of
the resource extraction operation in accordance with the following
requirements:
(a)
Restoration shall be a continuous process and each portion of
the parcel shall be restored such that the ground cover be established
within two years and tree cover established within three years after
resource extraction is completed for each portion of the site mined;
(b)
Restoration shall proceed in the same sequence and time frame set forth in the extraction schedule required in Subsection b8 above;
(c)
All restored areas shall be graded to conform to the natural contours of the parcel to the maximum extent practical. Grading techniques that help to control erosion and foster revegetation shall be utilized. The slope of restored surfaces shall not exceed one foot vertical to three feet horizontal except as provided in Subsection c11(f) below;
(d)
Topsoil shall be restored in approximately the same quality
and quantity existing at the time the resource extraction operation
was initiated. All topsoil removed shall be stockpiled and used for
the next area to be restored, unless, it is immediately reused for
reclamation that is currently underway;
(e)
Drainage flows, including direction and volume, shall be restored
to the maximum extent practical to those flows existing at the time
the resource extraction operation was initiated;
(f)
Any body of water created by the resource extraction operation
shall have a shoreline not less than three feet above and three feet
below the projected average water table elevation. The shoreline both
above and below the surface water elevation shall have a slope of
not less than five feet horizontal to one foot vertical. This requirement
shall apply to any water body or portion of a water body created after
December 5, 1994. For any water body or portion of a water body created
prior to December 5, 1994 this requirement shall apply to the extent
that it does not require grading of areas that have not been disturbed
by mining activities. Where grading would require such disturbance,
a reduction in the distance of the graded shoreline above and below
the average water table elevation shall be permitted;
(g)
Slopes beyond a water body's shoreline shall be permitted at
the natural angle of repose to the bottom of the pond;
(h)
All equipment, machinery and structures, except for structures
that are usable for recreational purposes or any other use authorized
in the area, shall be removed within six months after the resource
extraction operation is terminated and restoration is completed;
(i)
Reclamation shall, to the maximum extent practical, result in
the reestablishment of the vegetation association that existed prior
to the extraction activity and shall include:
(1)
Stabilization of exposed areas by establishing ground cover
vegetation; and
(2)
Reestablishment of the composition
of the natural forest and shrub types that existed prior to the extraction
activity through one of the following:
[1]
The planting of a minimum of 1,000 one-year old
pitch pine seedlings or other native Pinelands tree species per acre
in a random pattern;
[2]
Cluster planting of characteristic Pinelands oak
species, such as blackjack oak, bear oak, chestnut oak and black oak,
and shrubs such as black huckleberry, sheep laurel and mountain laurel,
at a spacing sufficient to ensure establishment of these species;
[3]
A combination of the planting techniques set forth
in Subsections [1] and [2] above; or
[4]
The use of other planting techniques or native
Pinelands species as necessary to restore the vegetation association
that existed prior to the extraction activity.
(j)
The letter of credit, surety bond, or other guarantee of performance which secures restoration of each section shall be released only after the Township has determined that the requirements of Subsections c11(a) through (i) above are being met and the guarantee of performance is replaced with a maintenance guarantee for a period of two years thereafter.
d.
Resource extraction permits shall be issued for a period of two years.
Nothing in this section shall be construed to prohibit any person
from securing additional permits, provided that the requirements of
this section are met.
[1]
Editor's Note: Former Section 35-155, Stormwater Control Within
the Pinelands Area, was repealed 4-17-2023 by Ord. No. 23-17-OAB.
Prior history includes Ord. No. 06-10-OAB and Ord. No. 07-11-OAB.
[Added 4-17-2023 by Ord.
No. 23-17-OAB]
a.
Policy Statement. Flood control, groundwater recharge, erosion control
and pollutant reduction shall be achieved using stormwater management
measures, including green infrastructure best management practices
(BMPs) and nonstructural stormwater management strategies. Green infrastructure
BMPs and low impact development 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. Green infrastructure BMPs and low impact development
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 contained in this section.
b.
Purpose. The purpose of this section is to establish, within the
Pinelands Area portion of Berkeley Township, minimum stormwater management
requirements and controls as authorized by the Pinelands Protection
Act (N.J.S.A. 13:18A-1 et seq.) and consistent with the Pinelands
Comprehensive Management Plan (CMP) (N.J.A.C. 7:50-1.1 et seq.) and
the New Jersey Department of Environmental Protection (NJDEP) Stormwater
Management Regulations (N.J.A.C. 7:8-1.1 et seq.). The standards in
this section are intended to minimize the adverse impact of stormwater
runoff on water quality and water quantity, to facilitate groundwater
recharge, and to control and minimize soil erosion, stream channel
erosion, sedimentation and pollution associated with stormwater runoff.
Moreover, Pinelands Area resources are to be protected in accordance
with the antidegradation policies contained in the New Jersey Surface
Water Quality Standards (N.J.A.C. 7:9B-1.1 et seq.). Additionally,
this section is intended to ensure the adequacy of existing and proposed
culverts and bridges and to protect public safety through the proper
design and operation of stormwater BMPs. If there are any conflicts
between a provision required by the Pinelands CMP and a provision
required by the NJDEP, the Pinelands CMP provision shall apply.
c.
Applicability.
1.
The terms "development," "major development" and "minor development" are defined in Subsection 35-155.2 in accordance with the Pinelands CMP (N.J.A.C. 7:50-2.11) and differ from the definitions of "development" and "major development" contained in the NJDEP Stormwater Management Regulations (N.J.A.C. 7:8-1.2).
2.
This section shall apply within the Pinelands Area to all major development,
and to minor development meeting the following criteria:
(a)
Development involving the construction of four or fewer dwelling
units;
(b)
Development involving any non-residential use and resulting
in an increase of greater than 1,000 square feet of regulated motor
vehicle surfaces; and
(c)
Development involving the grading, clearing, or disturbance
of an area in excess of 5,000 square feet within any five-year period.
For development meeting this criterion, the stormwater management
standards for major development set forth in this section shall apply.
3.
This section shall apply to all development meeting the criteria
of paragraph c2 above that is undertaken by Berkeley Township.
d.
Compatibility with Other Permit and Ordinance Requirements.
1.
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.
2.
This section is not intended to interfere with, abrogate, or annul
any other ordinances, rule or regulation, statute, or other provision
of law except that, where any provision of this 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.
3.
In the event that a regional stormwater management plan(s) is prepared
and formally adopted pursuant to N.J.A.C. 7:8-1.1 et seq. for any
drainage area(s) or watershed(s) of which Berkeley Township is a part,
the stormwater provisions of such a plan(s) shall be adopted by Berkeley
Township within one year of the adoption of a Regional Stormwater
Management Plan (RSWMP) as an amendment to an Areawide Water Quality
Management Plan. Local ordinances proposed to implement the RSWMP
shall be submitted to the Pinelands Commission for certification within
six months of the adoption of the RSWMP per N.J.A.C. 7:8 and the Pinelands
CMP.
[Added 4-17-2023 by Ord.
No. 23-17-OAB]
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 section 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 NJDEP Stormwater Management
Rules at N.J.A.C. 7:8-1.2 unless otherwise defined in the Pinelands
CMP at N.J.A.C. 7:50-2.11 in which case the definition corresponds
to the CMP definition.
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.
An agency designated by the County Commissioners to review
municipal stormwater management plans and implementing ordinance(s).
The county review agency may either be:
A person professionally qualified and duly licensed in New
Jersey to perform engineering services that may include, but not necessarily
be limited to, development of project requirements, creation and development
of project design and preparation of drawings and specifications.
The change of or enlargement of any use or disturbance of
any land, the performance of any building or mining operation, the
division of land into two or more parcels, and the creation or termination
of rights of access or riparian rights, including, but not limited
to:
A change in type of use of a structure or land;
A reconstruction, alteration of the size, or material change
in the external appearance of a structure or land;
A material increase in the intensity of use of land, such as
an increase in the number of businesses, manufacturing establishments,
offices or dwelling units in a structure or on land;
Commencement of resource extraction or drilling or excavation
on a parcel of land;
Demolition of a structure or removal of trees;
Commencement of forestry activities;
Deposit of refuse, solid or liquid waste or fill on a parcel
of land;
In connection with the use of land, the making of any material
change in noise levels, thermal conditions, or emissions of waste
material; and
Alteration, either physically or chemically, of a shore, bank,
or flood plain, seacoast, river, stream, lake, pond, wetlands or artificial
body of water.
|
In the case of development on agricultural land, i.e., lands
use for an agricultural use or purpose as defined at N.J.A.C. 7:50-2.11,
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 runoff, sediments,
or dissolved materials drain to a particular receiving waterbody or
to a particular point along a receiving waterbody.
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
well head protection and groundwater recharge areas. Habitats of endangered
or threatened species are identified using the NJDEP Landscape Project
as approved by the NJDEP 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:
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 NJDEP 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.
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.
An area within which water drains to a particular receiving
surface water body, also known as a "subwatershed," which is identified
by an eleven-digit hydrologic unit boundary designation, delineated
within New Jersey by the United States Geological Survey.
Any surface that has been compacted or covered with a layer
of material so that it prevents, impedes or slows infiltration or
absorption of fluid, including stormwater directly into the ground,
and results in either reduced groundwater recharge or increased stormwater
runoff sufficient to be classified as impervious in Urban Areas by
the United States Department of Agriculture, Natural Resources Conservation
Service Title 210 - Engineering, 210-3-1 - Small Watershed Hydrology
(WINTR-55) Version 1.0, incorporated herein by reference, as amended
and supplemented, available with user guide and tutorials at http://www.wsi.nrcs.usda.gov/products/W2Q/H&H/Tools_Models/WinTr55.html
or at Natural Resources Conservation Service, 220 Davidson Avenue,
Somerset, NJ 08873. Such surfaces may have varying degrees of permeability.
Is the process by which water seeps into the soil from precipitation.
Any division of land into five or more lots; any construction
or expansion of any housing development of five or more dwelling units;
any construction or expansion of any commercial or industrial use
or structure on a site of more than three acres; or any grading, clearing
or disturbance of an area in excess of 5,000 square feet.
All development other than 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.
The manual maintained by the NJDEP providing, in part, design specifications, removal rates, calculation methods, and soil testing procedures approved by the NJDEP as being capable of contributing to the achievement of the stormwater management standards specified in this section. The BMP Manual is periodically amended by the NJDEP 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 NJDEP's determination as to the ability of that best management practice to contribute to compliance with the standards contained in this section. Alternative stormwater management measures, removal rates, or calculation methods may be utilized, subject to any limitations specified in this section, provided the design engineer demonstrates to the municipality, in accordance with Subsection 35-155.3f 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 section.
A chemical element or compound, such as nitrogen or phosphorus,
which is essential to and promotes the development of organisms.
The rate at which water moves through a unit area of soil,
rock, or other material at hydraulic gradient of one.
An individual, corporation, public agency, business trust,
partnership, association, two or more persons having a joint or common
interest, or any other legal entity.
Any dredged spoil, solid waste, incinerator residue, filter
backwash, sewage, garbage, refuse, oil, grease, sewage sludge, munitions,
chemical wastes, biological materials, medical wastes, radioactive
substance [except those regulated under the Atomic Energy Act of 1954,
as amended (42 U.S.C. § 2011 et seq.)], thermal waste, wrecked
or discarded equipment, rock, sand, cellar dirt, industrial, municipal,
agricultural, and construction waste or runoff, or other residue discharged
directly or indirectly to the land, ground waters 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 in motor vehicle surface; and/or
The total 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, where the water quality treatment will be modified or removed.
The level below the natural surface of the ground to which
water seasonally rises in the soil in most years.
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 development is to occur or has
occurred.
All unconsolidated mineral and organic material of any origin.
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.
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 non-stormwater discharges
into stormwater conveyances.
Water flow on the surface of the ground or in storm sewers,
resulting from precipitation.
The ocean and its estuaries, all springs, streams, wetlands,
and bodies of surface water or groundwater, whether natural or artificial,
within the boundaries of the State of New Jersey or subject to its
jurisdiction.
An area within 300 feet of any wetland.
Lands which are inundated or saturated by water at a magnitude,
duration and frequency sufficient to support the growth of hydrophytes.
Wetlands include lands with poorly drained or very poorly drained
soils as designated by the National Cooperative Soils Survey of the
Soil Conservation Service of the United States Department of Agriculture.
Wetlands include coastal wetlands and inland wetlands, including submerged
lands. The "New Jersey Pinelands Commission Manual for Identifying
and Delineating Pinelands Area Wetlands—a Pinelands Supplement
to the Federal Manual for Identifying and Delineating Jurisdictional
Wetlands," dated January 1991, as amended, may be utilized in delineating
the extent of wetlands based on the definitions of wetlands and wetlands
soils contained in N.J.A.C. 7:50-2.11, 7:50-6.3, 7:50-6.4 and 7:50-6.5.
[Added 4-17-2023 by Ord.
No. 23-17-OAB]
a.
Stormwater management measures for development regulated under this
section shall be designed to provide erosion control, groundwater
recharge, stormwater runoff quantity control and stormwater runoff
quality treatment in accordance with this section.
1.
Major development shall meet the minimum design and performance standards
for erosion control established under the Soil Erosion and Sediment
Control Act, N.J.S.A. 4:24-39 et seq., and implementing rules at N.J.A.C.
2:90 and 16:25A.
b.
All development regulated under this section shall incorporate a maintenance plan for the stormwater management measures in accordance with Subsection 35-155.9.
c.
Stormwater management measures shall avoid adverse impacts of concentrated
flow on habitat for threatened and endangered species in accordance
with N.J.A.C. 7:8-5.2(c) and N.J.A.C. 7:50-6.27 and 7:50-6.33.
d.
Tables 1, 2, and 3 below summarize the ability of stormwater best management practices identified and described in the New Jersey Stormwater BMP Manual to satisfy the green infrastructure, groundwater recharge, stormwater runoff quality and stormwater runoff quantity standards specified in Subsection 35-155.3n, o, p, and q. When designed in accordance with the most current version of the New Jersey Stormwater BMP Manual and this section, the stormwater management measures found 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 BMP Manual 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 NJDEP 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 NJDEP website at: https://njstormwater.org/bmp_manual2.htm.
e.
Where the BMP tables at N.J.A.C. 7:8-5.2(f) differ with Tables 1, 2 and 3 below due to amendment, the BMP Tables at N.J.A.C. 7:8-5.2(f) shall take precedence, except that in all cases the lowest point of infiltration must maintain a minimum separation of two feet to seasonal high water table as required by Subsection 35-155.3h2 unless otherwise noted.
|
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)
2(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(a)
|
80%
|
Yes
|
Yes
|
2
|
|
Vegetative filter strip
|
60% to 80%
|
No
|
No
|
—
|
|
Table 2: Green Infrastructure BMPs for Stormwater Runoff Quantity
(or for Groundwater Recharge and/or Stormwater Runoff Quality with
a 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
|
2(i)
|
|
Wet pond(d)
|
50% to 90%
|
Yes
|
No
|
2(i)
|
|
Table 3: BMPs for Groundwater Recharge, Stormwater Runoff Quality,
and/or Stormwater Runoff Quantity only with a 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
|
2
|
|
Manufactured treatment device(h)
|
50% or 80%
|
No
|
No
|
Dependent upon the device
|
|
Sand filter(c)
|
80%
|
Yes
|
No
|
2
|
|
Subsurface gravel wetland
|
90%
|
No
|
No
|
2
|
|
Wet pond
|
50% to 90%
|
Yes
|
No
|
2(i)
|
|
Footnotes to Tables 1, 2, and 3:
| |
|---|---|
|
(a)
|
Subject to the applicable contributory drainage area limitation specified at Subsection 35-155.3n2.
|
|
(b)
|
Designed to infiltrate into the subsoil.
|
|
(c)
|
Designed with underdrains, where stormwater percolates into
the underdrain through the soils and is not directed to the underdrain
by an outlet control structure.
|
|
(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 35-155.2.
|
|
(h)
|
Manufactured treatment devices that do not meet the definition of "green infrastructure" at Subsection 35-155.2.
|
|
(i)
|
The top elevation of the impermeable layer or liner must maintain
this two-foot minimum separation to the seasonal high water table.
|
f.
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 NJDEP and the Pinelands Commission in accordance with § 35-155.5b. Alternative stormwater management measures may be used to satisfy the requirements at Subsection 35-155.3n only if the measures meet the definition of "green infrastructure" at Subsection 35-155.2. Alternative stormwater management measures that function in a similar manner to a BMP listed at Subsection 35-155.3n2 are subject to the contributory drainage area limitation specified at Subsection 35-155.3n2 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 35-155.3n2 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 Subsection 35-155.10 is granted from Subsection 35-155.3n.
g.
Hydraulic Impacts.
1.
For all major development, groundwater mounding analysis shall be
required for purposes of assessing the hydraulic impacts of mounding
of the water table resulting from infiltration of stormwater runoff
from the maximum storm designed for infiltration. The mounding analysis
shall provide details and supporting documentation on the methodology
used. Groundwater mounds shall not cause stormwater or groundwater
to breakout to the land surface or cause adverse impacts to adjacent
water bodies, wetlands, or subsurface structures, including, but not
limited to, basements and septic systems. Where the mounding analysis
identifies adverse impacts, the stormwater management measure shall
be redesigned or relocated, as appropriate.
2.
For all applicable minor development, a design engineer's certification
that each green infrastructure stormwater management measure will
not adversely impact basements or septic systems of the proposed development
shall be required.
h.
Design standards for stormwater management measures are as follows:
1.
Stormwater management measures shall be designed to take into account
the existing site conditions, including, but not limited to, environmentally
critical areas; wetlands; wetland transition areas; flood-prone areas;
slopes; depth to seasonal high water table; soil type, permeability,
and texture; drainage area and drainage patterns; and the presence
of solution-prone carbonate rocks (limestone);
2.
Stormwater management measures designed to infiltrate stormwater
shall be designed, constructed, and maintained to provide a minimum
separation of at least two feet between the elevation of the lowest
point of infiltration and the seasonal high water table;
3.
Stormwater management measures designed to infiltrate stormwater
shall be sited in suitable soils verified by testing to have permeability
rates between one inch and 20 inches per hour. A factor of safety
of two shall be applied to the soil's permeability rate in determining
the infiltration measure's design permeability rate. If such
soils do not exist on the parcel proposed for development or if it
is demonstrated that it is not practical for engineering, environmental,
or safety reasons to site the stormwater infiltration measure(s) in
such soils, the stormwater infiltration measure(s) may be sited in
soils verified by testing to have permeability rates in excess of
20 inches per hour, provided that stormwater is routed through a bioretention
system prior to infiltration. Said bioretention system shall be designed,
installed, and maintained in accordance with the New Jersey Stormwater
BMP Manual;
4.
The use of stormwater management measures that are smaller in size
and distributed spatially throughout a parcel, rather than the use
of a single, larger stormwater management measure shall be required;
5.
Methods of treating stormwater prior to entering any stormwater management
measure shall be incorporated into the design of the stormwater management
measure to the maximum extent practical;
6.
To avoid sedimentation that may result in clogging and reduction
of infiltration capability and to maintain maximum soil infiltration
capacity, the construction of stormwater management measures that
rely upon infiltration shall be managed in accordance with the following
standards:
(a)
No stormwater management measure shall be placed into operation
until its drainage area has been completely stabilized. Instead, upstream
runoff shall be diverted around the measure and into separate, temporary
stormwater management facilities and sediment basins. Such temporary
facilities and basins shall be installed and utilized for stormwater
management and sediment control until stabilization is achieved in
accordance with N.J.A.C. 2:90;
(b)
If, for engineering, environmental, or safety reasons, temporary
stormwater management facilities and sediment basins cannot be constructed
on the parcel in accordance with paragraph h6(a) above, the stormwater
management measure may be placed into operation prior to the complete
stabilization of its drainage area provided that the measure's
bottom during this period is constructed at a depth at least two feet
higher than its final design elevation. When the drainage area has
been completely stabilized, all accumulated sediment shall be removed
from the stormwater management measure, which shall then be excavated
to its final design elevation; and
(c)
To avoid compacting the soils below a stormwater management
measure designed to infiltrate stormwater, no heavy equipment, such
as backhoes, dump trucks, or bulldozers shall be permitted to operate
within the footprint of the stormwater management measure. All excavation
required to construct a stormwater management measure that relies
on infiltration shall be performed by equipment placed outside the
footprint of the stormwater management measure. If this is not possible,
the soils within the excavated area shall be renovated and tilled
after construction is completed. Earthwork associated with stormwater
management measure construction, including excavation, grading, cutting,
or filling, shall not be performed when soil moisture content is above
the lower plastic limit;
7.
Dry wells shall be designed to prevent access by amphibian and reptiles;
8.
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 established at Subsection 35-155.3p4. 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 35-155.7c1;
9.
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;
10.
Stormwater management BMPs shall be designed to meet the minimum safety standards for stormwater management BMPs at Subsection 35-155.7; and
11.
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.
i.
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 NJDEP. Manufactured treatment devices that do not meet the definition of "green infrastructure" at Subsection 35-155.2 may be used only under the circumstances described at Subsection 35-155.3n4.
j.
Any application for a new agricultural development that meets the definition of "major development" at N.J.A.C. 7:8-1.2 shall be submitted to the Soil Conservation District for review and approval in accordance with the requirements at Subsection 35-155.3n, o, p, and q 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.
k.
If there is more than one drainage area, the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at Subsection 35-155.3o, p, and q shall be met in each drainage area, unless the runoff from the drainage areas converge onsite 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.
l.
Any stormwater management measure authorized under the municipal stormwater management plan or this section shall be reflected in a deed notice recorded in the Ocean County Clerk's office. 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 35-155.3n, o, p, and q 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 35-155.9b5. 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.
m.
A stormwater management measure approved under the municipal stormwater management plan or this section 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 contained in Subsection 35-155.3n, o, p, and q 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 Ocean County Clerk's office and shall contain a description and location of the stormwater management measure, as well as reference to the maintenance plan, in accordance with paragraph 1 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 paragraph 1 above.
n.
Green Infrastructure Standards.
1.
This subsection specifies the types of green infrastructure BMPs
that may be used to satisfy the groundwater recharge, stormwater runoff
quality, and stormwater runoff quantity standards of this section.
2.
To satisfy the groundwater recharge and stormwater runoff quality standards at Subsection 35-155.3o and p, the design engineer shall utilize BMPs identified in Table 1 at Subsection 35-155.3e and/or an alternative stormwater management measure approved in accordance with Subsection 35-155.3f. The following green infrastructure BMPs are subject to the following maximum contributory drainage area limitations:
|
Best Management Practice
|
Maximum Contributory Drainage Area
(acres)
|
|---|---|
|
Dry well
|
1
|
|
Manufactured treatment device
|
2.5
|
|
Pervious pavement system
|
Area of additional inflow cannot exceed 3 times the area occupied
by the BMP
|
|
Small-scale bioretention systems
|
2.5
|
|
Small-scale infiltration basin
|
2.5
|
|
Small-scale sand filter
|
2.5
|
4.
If a variance in accordance with Subsection 35-155.10 is granted from the requirements of this subsection, then BMPs from Table 1, 2, or 3 at Subsection 35-155.3e and/or an alternative stormwater management measure approved in accordance with Subsection 35-155.3f may be used to meet the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at Subsection 35-155.3o, p, and q.
5.
For separate or combined storm sewer improvement projects, such as
sewer separation, undertaken by a government agency or public utility
(for example, a sewerage company), the requirements of this subsection
shall only apply to areas owned in fee simple by the government agency
or utility, and areas within a right-of-way or easement held or controlled
by the government agency or utility; the entity shall not be required
to obtain additional property or property rights to fully satisfy
the requirements of this subsection. Regardless of the amount of area
of a separate or combined storm sewer improvement project subject
to the green infrastructure requirements of this subsection, each
project shall fully comply with the applicable groundwater recharge,
stormwater runoff quality control, and stormwater runoff quantity
standards at Subsection 35-155.30, p, and q.
o.
Groundwater Recharge Standards.
1.
This subsection contains the minimum design and performance standards
for groundwater recharge as follows.
2.
For all major development, the total runoff volume generated from
the net increase in impervious surfaces by a ten-year, twenty-four-hour
storm shall be retained and infiltrated onsite.
3.
For minor development that involves the construction of four or fewer
dwelling units, the runoff generated from the total roof area of the
dwelling(s) by a ten-year, twenty-four-hour storm shall be retained
and infiltrated through installation of one or more green infrastructure
stormwater management measures designed in accordance with the New
Jersey Stormwater BMP Manual. Appropriate green infrastructure stormwater
management measures include, but are not limited to dry wells, pervious
pavement systems, and small scale bioretention systems, including
rain gardens.
4.
For minor development that involves any nonresidential use and will
result in an increase of greater than 1,000 square feet of regulated
motor vehicle surfaces, the water quality design storm volume generated
from these surfaces shall be recharged onsite.
5.
Stormwater from areas of high pollutant loading and/or industrial stormwater exposed to source material shall only be recharged in accordance with Subsection 35-155.3p8.
p.
Stormwater Runoff Quality Standards.
1.
This subsection contains the minimum design and performance standards
to control stormwater runoff quality impacts of:
(a)
Major development;
(b)
Minor development that involves any nonresidential use and will
result in an increase of greater than 1,000 square feet of regulated
motor vehicle surfaces; and
(c)
Any development involving the grading, clearing, or disturbance
of an area in excess of 5,000 square feet within any five-year period.
2.
Stormwater management measures shall be designed to reduce the post-construction load of total suspended solids (TSS) in stormwater runoff generated from the water quality design storm established at Subsection 35-155.3p4 as follows:
(a)
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.
(b)
If the surface is considered regulated motor vehicle surface
because the water quality treatment for an area of motor vehicle surface
that is currently receiving water quality treatment either by vegetation
or soil, by an existing stormwater management measure, or by treatment
at a wastewater treatment plant is to be modified or removed, the
project shall maintain or increase the existing TSS removal of the
anticipated load expressed as an annual average.
3.
The requirement to reduce TSS does not apply to any stormwater runoff
in a discharge regulated under a numeric effluent limitation for TSS
imposed under the New Jersey Pollutant Discharge Elimination System
(NJPDES) rules, N.J.A.C. 7:14A, or in a discharge specifically exempt
under a NJPDES permit from this requirement. Every major development,
including any that discharge into a combined sewer system, shall comply
with paragraph p2 above, unless the major development is itself subject
to a NJPDES permit with a numeric effluent limitation for TSS or the
NJPDES permit to which the major development is subject exempts the
development from a numeric effluent limitation for TSS.
4.
The water quality design storm is 1.25 inches of rainfall in two
hours. Water quality calculations shall take into account the distribution
of rain from the water quality design storm, as reflected in Table
4, below. The calculation of the volume of runoff may take into account
the implementation of stormwater management measures.
|
Table 4: Water Quality Design Storm Distribution
| |||||
|---|---|---|---|---|---|
|
Time
(minutes)
|
Cumulative Rainfall
(inches)
|
Time
(minutes)
|
Cumulative Rainfall
(inches)
|
Time
(minutes)
|
Cumulative Rainfall
(inches)
|
|
1
|
0.00166
|
41
|
0.1728
|
81
|
1.0906
|
|
2
|
0.00332
|
42
|
0.1796
|
82
|
1.0972
|
|
3
|
0.00498
|
43
|
0.1864
|
83
|
1.1038
|
|
4
|
0.00664
|
44
|
0.1932
|
84
|
1.1104
|
|
5
|
0.0083
|
45
|
0.2
|
85
|
1.117
|
|
6
|
0.00996
|
46
|
0.2117
|
86
|
1.1236
|
|
7
|
0.01162
|
47
|
0.2233
|
87
|
1.1302
|
|
8
|
0.01328
|
48
|
0.235
|
88
|
1.1368
|
|
9
|
0.01494
|
49
|
0.2466
|
89
|
1.1434
|
|
10
|
0.0166
|
50
|
0.2583
|
90
|
1.15
|
|
11
|
0.01828
|
51
|
0.2783
|
91
|
1.155
|
|
12
|
0.01996
|
52
|
0.2983
|
92
|
1.16
|
|
13
|
0.02164
|
53
|
0.3183
|
93
|
1.165
|
|
14
|
0.02332
|
54
|
0.3383
|
94
|
1.17
|
|
15
|
0.025
|
55
|
0.3583
|
95
|
1.175
|
|
16
|
0.03
|
56
|
0.4116
|
96
|
1.18
|
|
17
|
0.035
|
57
|
0.465
|
97
|
1.185
|
|
18
|
0.04
|
58
|
0.5183
|
98
|
1.19
|
|
19
|
0.045
|
59
|
0.5717
|
99
|
1.195
|
|
20
|
0.05
|
60
|
0.625
|
100
|
1.2
|
|
21
|
0.055
|
61
|
0.6783
|
101
|
1.205
|
|
22
|
0.06
|
62
|
0.7317
|
102
|
1.21
|
|
23
|
0.065
|
63
|
0.785
|
103
|
1.215
|
|
24
|
0.07
|
64
|
0.8384
|
104
|
1.22
|
|
25
|
0.075
|
65
|
0.8917
|
105
|
1.225
|
|
26
|
0.08
|
66
|
0.9117
|
106
|
1.2267
|
|
27
|
0.085
|
67
|
0.9317
|
107
|
1.2284
|
|
28
|
0.09
|
68
|
0.9517
|
108
|
1.23
|
|
29
|
0.095
|
69
|
0.9717
|
109
|
1.2317
|
|
30
|
0.1
|
70
|
0.9917
|
110
|
1.2334
|
|
31
|
0.1066
|
71
|
1.0034
|
111
|
1.2351
|
|
32
|
0.1132
|
72
|
1.015
|
112
|
1.2367
|
|
33
|
0.1198
|
73
|
1.0267
|
113
|
1.2384
|
|
34
|
0.1264
|
74
|
1.0383
|
114
|
1.24
|
|
35
|
0.133
|
75
|
1.05
|
115
|
1.2417
|
|
36
|
0.1396
|
76
|
1.0568
|
116
|
1.2434
|
|
37
|
0.1462
|
77
|
1.0636
|
117
|
1.245
|
|
38
|
0.1528
|
78
|
1.0704
|
118
|
1.2467
|
|
39
|
0.1594
|
79
|
1.0772
|
119
|
1.2483
|
|
40
|
0.166
|
80
|
1.084
|
120
|
1.25
|
5.
If more than one BMP in series is necessary to achieve the required
80% TSS reduction for a site, the applicant shall utilize the following
formula to calculate TSS reduction:
|
R = A + B - (A x B)/100
|
|
Where:
| ||
|
R
|
=
|
total TSS Percent Load Removal from application of both BMPs.
|
|
A
|
=
|
the TSS Percent Removal Rate applicable to the first BMP.
|
|
B
|
=
|
the TSS Percent Removal Rate applicable to the second BMP.
|
6.
Stormwater management measures shall also be designed to reduce, to the maximum extent feasible, the post-construction nutrient load of the anticipated load from the developed site in stormwater runoff generated from the water quality design storm established at Subsection 35-155.3p4. 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 35-155.3o, p, and q.
7.
For all major development, stormwater management measures shall be designed to achieve a minimum of 65% reduction of the post-construction total nitrogen load from the developed site, including those permanent lawn or turf areas that are specifically intended for active human use as described at N.J.A.C. 7:50-6.24(c)3, in stormwater runoff generated from the water quality design storm established at Subsection 35-155.3p4. In achieving a minimum 65% reduction of total nitrogen, the design of the site shall include green infrastructure in accordance with the New Jersey Stormwater BMP Manual and shall optimize nutrient removal. The minimum 65% total nitrogen reduction may be achieved by using a singular stormwater management measure or multiple stormwater management measures in series.
8.
In high pollutant loading areas (HPLAs) and/or areas where stormwater runoff is exposed to source material, as defined in Subsection 35-155.2, the following additional water quality standards shall apply:
(a)
The areal extent and amount of precipitation falling directly
on or flowing over HPLAs and/or areas where stormwater is exposed
to source material shall be minimized through the use of roof covers,
canopies, curbing or other physical means to the maximum extent practical
in order to minimize the quantity of stormwater generated from HPLA
areas and areas where stormwater runoff is exposed to source material;
(b)
The stormwater runoff originating from HPLAs and/or areas where
stormwater runoff is exposed to source material shall be segregated
and prohibited from comingling with stormwater runoff originating
from the remainder of the parcel unless it is first routed through
one or more stormwater management measures required at paragraph p8(c)
below;
(c)
The stormwater runoff from HPLAs and/or areas where stormwater runoff is exposed to source material shall incorporate stormwater management measures designed to reduce the post-construction load of TSS by at least 90% in stormwater runoff generated from the water quality design storm established at Subsection 35-155.3p4 using one or more of the measures identified at paragraph p8(c)(1) or (2) below. In meeting this requirement, the minimum 90% removal of total suspended solids may be achieved by utilizing multiple stormwater management measures in series:
(1)
Any measure designed in accordance with the New Jersey Stormwater
BMP Manual to remove total suspended solids. Any such measure must
be constructed to ensure that the lowest point of infiltration within
the measure maintains a minimum of two feet of vertical separation
from the seasonal high-water table; and
(2)
Other measures certified by the NJDEP, including a Media Filtration
System manufactured treatment device with a minimum 80% removal of
total suspended solids as verified by the New Jersey Corporation for
Advanced Technology; and
(d)
If the potential for contamination of stormwater runoff by petroleum
products exists onsite, prior to being conveyed to the stormwater
management measure required at paragraph p8(c) above, the stormwater
runoff from the HPLAs and areas where stormwater runoff is exposed
to source material shall be conveyed through an oil/grease separator
or other equivalent manufactured filtering device providing for the
removal of petroleum hydrocarbons. The applicant shall provide the
review agency with sufficient data to demonstrate acceptable performance
of the device.
9.
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.
10.
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.
q.
Stormwater Runoff Quantity Standards.
1.
This subsection contains the minimum design and performance standards
to control stormwater runoff quantity impacts related to applicable
major and minor development.
2.
In order to control stormwater runoff quantity impacts, the design engineer shall, using the assumptions and factors for stormwater runoff calculations at Subsection 35-155.4, complete one of the following:
(a)
Demonstrate through hydrologic and hydraulic analysis that for
stormwater leaving the site, post-construction runoff hydrographs
for the two-, ten-, and 100-year storm events do not exceed, at any
point in time, the pre-construction runoff hydrographs for the same
storm events;
(b)
Demonstrate through hydrologic and hydraulic analysis that there
is no increase, as compared to the pre-construction condition, in
the peak runoff rates of stormwater leaving the site for the two-,
ten-, and 100-year storm events and that the increased volume or change
in timing of stormwater runoff will not increase flood damage at or
downstream of the site. This analysis shall include the analysis of
impacts of existing land uses and projected land uses assuming full
development under existing zoning and land use ordinances in the drainage
area;
(c)
Design stormwater management measures so that the post-construction
peak runoff rates for the two-, ten-, and 100-year storm events are
50%, 75% and 80%, respectively, of the pre-construction peak runoff
rates. The percentages apply only to the post-construction stormwater
runoff that is attributable to the portion of the site on which the
proposed development or project is to be constructed; or
(d)
In tidal flood hazard areas, stormwater runoff quantity analysis
in accordance with paragraphs g2(a), (b), and (c) above is required
unless the design engineer demonstrates through hydrologic and hydraulic
analysis that the increased volume, change in timing, or increased
rate of the stormwater runoff, or any combination of the three will
not result in additional flood damage below the point of discharge
of the major development. No analysis is required if the stormwater
is discharged directly into any ocean, bay, inlet, or the reach of
any watercourse between its confluence with an ocean, bay, or inlet
and downstream of the first water control structure.
3.
The stormwater runoff quantity standards shall be applied at the
site's boundary to each abutting lot, roadway, watercourse, or
receiving storm sewer system.
4.
There shall be no direct discharge of stormwater runoff from any
point or nonpoint source to any wetland, wetlands transition area,
or surface waterbody. In addition, stormwater runoff shall not be
directed in such a way as to increase the volume and rate of discharge
into any wetlands, wetlands transition area, or surface water body
from that which existed prior to development of the parcel.
5.
To the maximum extent practical, there shall be no direct discharge
of stormwater runoff onto farm fields to protect farm crops from damage
due to flooding, erosion, and long-term saturation of cultivated crops
and cropland.
r.
As-built requirements for major development are as follows:
1.
After all construction activities have been completed on the parcel
and finished grade has been established in each stormwater management
measure designed to infiltrate stormwater, replicate post-development
permeability tests shall be conducted to determine if as-built soil
permeability rates are consistent with design permeability rates.
The results of such tests shall be submitted to the municipal engineer
or other appropriate reviewing engineer. If the results of the post-development
permeability tests fail to achieve the minimum required design permeability
rate, utilizing a factor of safety of two, the stormwater management
measure shall be renovated and re-tested until the required permeability
rates are achieved; and
2.
After all construction activities and required testing have been
completed on the parcel, as-built plans, including as-built elevations
of all stormwater management measures shall be submitted to the Municipal
Engineer or other appropriate reviewing engineer to serve as a document
of record. Based upon that engineer's review of the as-built
plans, all corrections or remedial actions deemed necessary due to
the failure to comply with design standards and/or for any reason
concerning public health or safety, shall be completed by the applicant.
In lieu of review by the Municipal Engineer, the municipality may
engage a licensed professional engineer to review the as-built plans
and charge the applicant for all costs associated with such review.
[Added 4-17-2023 by Ord.
No. 23-17-OAB]
a.
Stormwater runoff shall be calculated by the design engineer using 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, except that the Rational Method for peak flow and the Modified Rational Method for hydrograph computations shall not be used. 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.
b.
In calculating stormwater runoff using the NRCS methodology, the
appropriate twenty-four-hour rainfall depths as developed for the
parcel by the National Oceanic and Atmospheric Administration, https://hdsc.nws.noaa.gov/hdsc/pfds/pfds_map_cont.html?bkmrk=nj,
shall be utilized.
c.
For the purpose of calculating runoff coefficients and groundwater
recharge, there is a presumption that the pre-construction condition
of a site or portion thereof is a wooded land use with good hydrologic
condition. 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).
d.
In computing pre-construction stormwater runoff, the design engineer
shall account for all significant land features and structures, such
as ponds, wetlands, depressions, hedgerows, or culverts, that may
reduce pre-construction stormwater runoff rates and volumes.
e.
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.
f.
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.
g.
Groundwater recharge may be calculated in accordance with 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.
[Added 4-17-2023 by Ord.
No. 23-17-OAB]
a.
Technical guidance for stormwater management measures can be found
in the documents listed below, which are available to download from
the NJDEP's website at: http://www.nj.gov/dep/stormwater/bmp_manual2.htm.
1.
Guidelines for stormwater management measures are contained in the New Jersey Stormwater BMP 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 of Subsection 35-155.3e. The New Jersey Stormwater BMP Manual may be utilized as a guide in determining the extent to which stormwater management activities and measures meet the standards of this section.
2.
Additional maintenance guidance is available on the NJDEP's
website at: https://www.njstormwater.org/maintenance_guidance.htm.
b.
Submissions.
1.
Submissions required for review by the NJDEP 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.
2.
Submissions required for review by the Pinelands Commission should
be emailed to appinfo@pinelands.nj.gov.
[Added 4-17-2023 by Ord.
No. 23-17-OAB]
a.
Site design features identified under Subsection 35-155.3e, or alternative designs in accordance with Subsection 35-155.3f, 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 paragraph, "solid and floatable materials" means sediment, debris, trash, and other floating, suspended, or settleable solids. For exemptions to this standard, see paragraph a2 below.
1.
Design engineers shall use one of the following grates whenever they
use a grate in pavement or another ground surface to collect stormwater
from that surface into a storm drain or surface water body under that
grate:
(a)
The New Jersey Department of Transportation (NJDOT) bicycle
safe grate, which is described in Chapter 2.4 of the NJDOT Bicycle
Compatible Roadways and Bikeways Planning and Design Guidelines; or
(b)
A different grate, if each individual clear space in that grate
has an area of no more than 7.0 square inches, or is no greater than
0.5 inch across the smallest dimension.
Examples of grates subject to this standard include grates in
grate inlets, the grate portion (non-curb-opening portion) of combination
inlets, grates on storm sewer manholes, ditch grates, trench grates,
and grates of spacer bars in slotted drains. Examples of ground surfaces
include surfaces of roads (including bridges), driveways, parking
areas, bikeways, plazas, sidewalks, lawns, fields, open channels,
and stormwater system floors used to collect stormwater from the surface
into a storm drain or surface water body.
(c)
For curb-opening inlets, including curb-opening inlets in combination
inlets, the clear space in that curb opening, or each individual clear
space if the curb opening has two or more clear spaces, shall have
an area of no more than 7.0 square inches, or be no greater than 2.0
inches across the smallest dimension.
2.
The standard in Paragraph a1 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 established at Subsection 35-155.3p4 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 4.625 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.
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 established at Subsection 35-155.3p4; or
(e)
Where the NJDEP 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.
[Added 4-17-2023 by Ord.
No. 23-17-OAB]
a.
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.
b.
The provisions of this section are not intended to preempt more stringent
municipal or county safety requirements for new or existing stormwater
management BMPs. Municipal and county stormwater management plans
and ordinances may, pursuant to their authority, require existing
stormwater management BMPs to be retrofitted to meet one or more of
the safety standards in paragraphs c1, 2, or 3 below for trash racks,
overflow grates, and escape provisions at outlet structures.
c.
Requirements for Trash Racks, Overflow Grates and Escape Provisions.
1.
A trash rack is a device designed to catch trash and debris and prevent
the clogging of outlet structures. Trash racks shall be installed
at the intake to the outlet from the stormwater management BMP to
ensure proper functioning of the BMP outlets in accordance with the
following:
(a)
The trash rack shall have parallel bars, with no greater than
six-inch spacing between the bars;
(b)
The trash rack shall be designed so as not to adversely affect
the hydraulic performance of the outlet pipe or structure;
(c)
The average velocity of flow through a clean trash rack is not
to exceed 2.5 feet per second under the full range of stage and discharge.
Velocity is to be computed on the basis of the net area of opening
through the rack; and
(d)
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.
2.
An overflow grate is designed to prevent obstruction of the overflow
structure. If an outlet structure has an overflow grate, the grate
shall comply with the following requirements:
(a)
The overflow grate shall be secured to the outlet structure
but removable for emergencies and maintenance.
(b)
The overflow grate spacing shall be no greater than two inches
across the smallest dimension.
(c)
The overflow grate shall be constructed of rigid, durable, and
corrosion resistant material, and shall be designed to withstand a
perpendicular live loading of 300 pounds per square foot.
3.
Stormwater management BMPs shall include escape provisions as follows:
(a)
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 paragraph d below, a free-standing outlet structure may be exempted
from this requirement;
(b)
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 foot to 1 1/2
feet above the permanent water surface. See paragraph e below for
an illustration of safety ledges in a stormwater management BMP; and
(c)
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.
d.
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.
e.
Safety Ledge Illustration.
|
Figure 1. Elevation View - Basin Safety Ledge Configuration
 |
[Added 4-17-2023 by Ord.
No. 23-17-OAB]
a.
Submission of Site Development Stormwater Plan.
1.
Any application for major development approval shall include a Site Development Stormwater Plan containing all information required in Subsection 35-155.8c.
2.
Any application for minor development approval that is subject to this section shall include a Site Development Stormwater Plan containing all information required in Subsection 35-155.8d.
3.
The Site Development Stormwater Plan shall demonstrate that the proposed
development meets the standards of this section.
4.
The Site Development Stormwater Plan shall contain comprehensive hydrologic and hydraulic design calculations for the pre-development and post-development conditions for the design storms specified in Subsection 35-155.3p4. The standards for groundwater recharge and stormwater runoff rate, volume and quality required by Subsection 35-155.3o, p, and q and shall be met using the methods, calculations and assumptions provided in Subsection 35-155.4.
5.
The application submission requirements of paragraphs a1 and 2 above
shall be in addition to all other applicable application submission
requirements of the municipality's land development regulations.
6.
The applicant shall submit 12 copies of the Site Development Stormwater
Plan. All required engineering plans shall be in CAD Format 15 or
higher, registered and rectified to NAD 1983 State Plane New Jersey
FIPS 2900 US Feet or Shape Format NAD 1983 State Plane New Jersey
FIPS 2900 US Feet. All other required documents shall be submitted
in both paper and commonly used electronic file formats such as .pdf,
word processing, database or spreadsheet files.
b.
Site Development Stormwater Plan Approval. The Site Development Stormwater
Plan shall be reviewed as a part of the development review process
by the municipal board or official from whom municipal approval is
sought. That municipal board or official shall consult the engineer
retained by the Planning and/or Zoning Board (as appropriate) to determine
if all the checklist requirements have been satisfied and to determine
if the project meets the standards set forth in this section.
c.
Checklist Requirements for Major Development. Any application for
major development approval shall include a Site Development Stormwater
Plan containing, at minimum, the following information.
1.
Topographic Base Map. The Site Development Stormwater Plan shall
contain a topographic base map of the site that extends a minimum
of 300 feet beyond the limits of the proposed development, at a scale
of one inch equals 200 feet or greater, showing one-foot contour intervals.
The map shall indicate the following: existing surface water drainage,
shorelines, steep slopes, soils, highly erodible soils, perennial
or intermittent streams that drain into or upstream of any Category
One or Pinelands Waters, wetlands and floodplains along with any required
wetlands transition areas, marshlands and other wetlands, pervious
or vegetative surfaces, existing surface and subsurface human-made
structures, roads, bearing and distances of property lines, and significant
natural and manmade features not otherwise shown. Berkeley Township
or the Pinelands Commission may require upstream tributary drainage
system information as necessary.
2.
Environmental Site Analysis. The Site Development Stormwater Plan
shall contain a written description along with the drawings of the
natural and human-made features of the site and its environs. This
description shall include:
(a)
A discussion of environmentally critical areas, soil conditions,
slopes, wetlands, waterways and vegetation on the site. Particular
attention shall be given to unique, unusual or environmentally sensitive
features and to those features that provide particular opportunities
for or constraints on development; and
(b)
Detailed soil and other environmental conditions on the portion
of the site proposed for installation of any stormwater management
measures, including, at a minimum:
(1)
A soils report based on onsite soil tests;
(2)
Location and spot elevations in plan view of all test pits and
permeability tests;
(3)
Permeability test data and calculations;
(4)
Any other required soil or hydrogeologic data (e.g., mounding
analyses results) correlated with location and elevation of each test
site;
(5)
A cross-section of all proposed stormwater management measures
with side-by-side depiction of soil profile drawn to scale and seasonal
high water table elevation identified; and
(6)
Any other information necessary to demonstrate the suitability
of the specific proposed stormwater management measures relative to
the environmental conditions on the portion(s) of the site proposed
for implementation of those measures.
3.
Project description and site plan(s). The Site Development Stormwater
Plan shall contain a map (or maps), at the same scale as 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.
4.
Land Use Planning and Source Control Plan. The Site Development Stormwater
Plan shall contain a Land Use Planning and Source Control Plan demonstrating
compliance with the erosion control, groundwater recharge, stormwater
runoff quantity control and stormwater quality treatment required
by this section. This shall include, but is not limited to:
(a)
Information demonstrating that the proposed stormwater management measures are able to achieve a minimum 65% reduction of the post-construction total nitrogen load, in accordance with Subsection 35-155.3p7.
(b)
Where any stormwater generated from high pollutant loading areas or where stormwater will be exposed to source material, information demonstrating that the proposed stormwater management measures are consistent with Subsection 35-155.3p8.
5.
Stormwater Management Facilities Map. The Site Development Stormwater
Plan shall contain a Stormwater Management Facilities Map, at the
same scale as the topographic base map, depicting the following information:
(a)
The total area to be disturbed, paved and/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 manage and recharge stormwater; and
(b)
Details of all stormwater management facility designs, during
and after construction, including discharge provisions, discharge
capacity for each outlet at different levels of detention (if applicable)
and emergency spillway provisions with maximum discharge capacity
of each spillway.
6.
Groundwater Mounding Analysis. The Site Development Stormwater Plan shall contain a groundwater mounding analysis in accordance with Subsection 35-155.3g1.
d.
Checklist Requirements for Minor Development. Any application for
minor development approval that is subject to this section shall include
a Site Development Stormwater Plan, certified by a design engineer,
containing, at minimum, the following information:
1.
All existing and proposed development, including limits of clearing
and land disturbance.
2.
All existing and proposed lot lines.
3.
All wetlands and required wetland transition areas.
4.
The type and location of each green infrastructure stormwater management
measure.
6.
A design engineer's certification that each green infrastructure stormwater management measure will not adversely impact basements or septic systems of the proposed development, in accordance with Subsection 35-155.3g2.
e.
Exception from Submission Requirements. With the exception of paragraphs
c7 and d7 above, the municipality may modify or waive any required
element of the Site Development Stormwater Plan, provided that sufficient
information can be provided to demonstrate compliance with the standards
of this section. However, application information required in accordance
with the Pinelands CMP [N.J.A.C. 7:50-4.2(b)] shall be submitted to
the Pinelands Commission, unless the Executive Director of the Pinelands
Commission waives or modifies the application requirements.
f.
Stormwater Review Fee. In addition to the Development Review Fees listed in the Revised General Ordinances of the Township of Berkeley, Section 35-8, subdivisions and site plans requiring preliminary or final approval, and road improvement plans, that all meet the latest definition of "Major Development" per Subsection 35-155.2, Definitions, shall pay the following additional nonrefundable fee to Berkeley Township by cash, check or bank money order:
1.
Subdivision Fees.
(a)
Preliminary Approval, Major Subdivision:
|
Number of Lots
|
Fee
|
|---|---|
|
0 to 10
|
$1,500
|
|
11 to 24
|
$1,500 + $50/lot
|
|
25 to 100
|
$2,500 + $25/lot
|
|
101+
|
$3,500 + $15/lot
|
(b)
Final Approval, Major Subdivision: 1/2 of the Preliminary Major
Subdivision Stormwater Review Fee, with a minimum fee of $1,500 for
each submission.
(c)
Minor Subdivisions: $1,000.
2.
Site Plan Fee Schedule:
(a)
Preliminary Site Plan Application.
(1)
New nonresidential development including any alterations; additions
or changes of use:
|
Acreage
|
Fee
|
|---|---|
|
Up to 2 acres
|
$2,000
|
|
Over 2.0 acres
|
$2,000 + $250/acre or portion thereof for each additional acre
|
(2)
Public, quasi-public and nonprofit institutions and agencies
not subject to approval of other governmental agencies, churches and
other similar uses:
|
Acreage
|
Fee
|
|---|---|
|
Up to 2 acres
|
$500
|
|
Over 2.0 acres
|
$1,000
|
(3)
Residential dwelling units, such as multifamily development
and condominium development: $100 per dwelling unit; minimum fee of
$1,500.
(b)
Final Site Plan Application:
(1)
New construction:
|
Acreage
|
Fee
|
|---|---|
|
Up to 2 acres
|
$1,000
|
|
Over 2.0 acres
|
$1,000 + $125/acre or portion thereof for each additional acre
|
(2)
Public and quasi-public:
|
Acreage
|
Fee
|
|---|---|
|
Up to 2 acres
|
$250
|
|
Over 2.0 acres
|
$500 + $125/acre or portion thereof for each additional acre
|
(3)
Residential dwelling units: $75 per unit; minimum fee of $1,500.
[Added 4-17-2023 by Ord.
No. 23-17-OAB]
a.
All development regulated under this section shall incorporate a
maintenance plan, prepared by the design engineer, consistent with
paragraph b below. Maintenance and repair shall be implemented in
accordance with maintenance plan and paragraph c below.
b.
The maintenance plan shall include the following:
1.
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.
2.
Responsibility for maintenance of stormwater management measures
approved as part of an application for major development shall not
be assigned or transferred to the owner or tenant of an individual
property, unless such owner or tenant owns or leases the entire site
subject to the major development approval. 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
the maintenance required.
3.
Responsibility for maintenance of stormwater management measures
approved as part of an application for minor development may be assigned
or transferred to the owner or tenant of the parcel.
4.
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.
5.
If the person responsible for maintenance identified under paragraph b1 above is not a public agency, the maintenance plan and any future revisions based on Subsection 35-155.9c2(b) shall be recorded upon the deed of record for each property on which the maintenance described in the maintenance plan must be undertaken.
6.
For all major development, the following additional standards apply:
(a)
The maintenance plan shall include accurate and comprehensive
drawings of all stormwater management measures on a parcel, including
the specific latitude and longitude and block/lot number of each stormwater
management measure. Maintenance plans shall specify that an inspection,
maintenance, and repair report will be updated and submitted annually
to the municipality;
(b)
Stormwater management measure easements shall be provided by
the property owner as necessary for facility inspections and maintenance
and preservation of stormwater runoff conveyance, infiltration, and
detention areas and facilities. The purpose of the easement shall
be specified in the maintenance agreement; and
(c)
An adequate means of ensuring permanent financing of the inspection,
maintenance, repair, and replacement plan shall be implemented and
shall be detailed in the maintenance plan. Financing methods shall
include, but not be limited to:
(1)
The assumption of the inspection and maintenance program by
a municipality, county, public utility, or homeowners association;
(2)
The required payment of fees to a municipal stormwater fund
in an amount equivalent to the cost of both ongoing maintenance activities
and necessary structural replacements.
7.
For all minor development, maintenance plans shall be required for
all stormwater management measures installed in accordance with this
section and shall include, at a minimum, the following information:
c.
General Maintenance and Repair.
1.
Preventative and corrective maintenance shall be performed to maintain
the function 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.
2.
The person responsible for maintenance identified under Subsection 35-155.9b2 shall perform all of the following requirements:
(a)
Maintain a detailed log of all preventative and corrective maintenance
for the structural stormwater management measures incorporated into
the design of the development, including a record of all inspections
and copies of all maintenance-related work orders;
(b)
Evaluate the effectiveness of the maintenance plan at least
once per year and adjust the plan and the deed as needed; and
(c)
Retain and make available, upon request by any public entity
with administrative, health, environmental, or safety authority over
the site, the maintenance plan and the documentation required by paragraphs
c2(a) and (b) above.
3.
The requirements of paragraphs b2, 3, and 4 above 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.
4.
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.
d.
Nothing in this section shall preclude the municipality in which
the major development is located from requiring the posting of a performance
or maintenance guarantee in accordance with N.J.S.A. 40:55D-53.
[Added 4-17-2023 by Ord.
No. 23-17-OAB]
a.
The exemptions, exceptions, applicability standards, and waivers
of strict compliance contained in the NJDEP Stormwater Management
Regulations at N.J.A.C. 7:8-1.1 et seq. shall not apply within the
Pinelands Area except in accordance with this section.
b.
The municipal review agency may grant a variance from the design
and performance standards for stormwater management measures set forth
in its municipal stormwater management plan and this section, provided
that:
1.
No variances shall be granted from Subsection 35-155.3q4, which prohibits the direct discharge of stormwater runoff to any wetlands, wetlands, transition area, or surface waterbody and the direction of stormwater runoff in such a way as to increase in volume and rate of discharge into any wetlands, wetlands transition area, or surface water body from that which existed prior to development of the parcel;
2.
The municipal stormwater plan includes a mitigation plan in accordance
with N.J.A.C. 7:8-4.2(c)11 and N.J.A.C. 7:50-3.39(a)2viii;
3.
The applicant demonstrates that it is technically impracticable to
meet any one or more of the design and performance standards on-site.
For the purposes of this analysis, technical impracticability exists
only when the design and performance standard cannot be met for engineering,
environmental, or safety reasons. A municipality's approval of
a variance shall apply to an individual drainage area and design and
performance standard and shall not apply to an entire site or project,
unless an applicant provides the required analysis for each drainage
area within the site and each design and performance standard;
4.
The applicant demonstrates that the proposed design achieves the
maximum possible compliance with the design and performance standards
of this section on-site; and
5.
A mitigation project is implemented, in accordance with the following:
(a)
All mitigation projects shall be located in the Pinelands Area
and in the same HUC-14 as the parcel proposed for development. If
the applicant demonstrates that no such mitigation project is available,
the municipality may approve a variance that provides for mitigation
within the same HUC-11 as the parcel proposed for development, provided
the mitigation project is located in the Pinelands Area.
(b)
The proposed mitigation project shall be consistent with the
municipal stormwater management plan certified by the Pinelands Commission.
If said stormwater management plan does not identify appropriate parcels
or projects where mitigation may occur, the applicant may propose
a mitigation project that meets the criteria in paragraph b5(a) above.
(c)
The mitigation project shall be approved no later than preliminary
or final site plan approval of the major development.
(d)
The mitigation project shall be constructed prior to, or concurrently
with, the development receiving the variance.
(e)
The mitigation project shall comply with the green infrastructure standards at Subsection 35-155.3n.
(f)
If the variance that resulted in the mitigation project being required is from the green infrastructure standards at Subsection 35-155.3n, then the mitigation project must use green infrastructure BMPs in Table 1 contained at Subsection 35-155.3e, and/or an alternative stormwater management measure approved in accordance with Subsection 35-155.3f that meets the definition of "green infrastructure" to manage an equivalent or greater area of impervious surface and an equivalent or greater area of motor vehicle surface as the area of the major development subject to the variance. Grass swales and vegetative filter strips may only be used in the mitigation project if the proposed project additionally includes a green infrastructure BMP other than a grass swale or vegetative filter strip. The green infrastructure used in the mitigation project must be sized to manage the water quality design storm established at Subsection 35-155.3p4, at a minimum, and is subject to the applicable contributory drainage area limitation specified at Subsection 35-155.3n2, as applicable.
(h)
A variance from the stormwater runoff quality standards at Subsection 35-155.3p may be granted if the following are met:
(1)
The total drainage area of motor vehicle surface
managed by the mitigation project(s) must equal or exceed the drainage
area of the area of the major development subject to the variance
and must provide sufficient TSS removal to equal or exceed the deficit
resulting from granting the variance for the major development; and
(2)
The mitigation project must remove nutrients to the maximum extent feasible in accordance with Subsection 35-155.3p7.
(i)
A variance from the stormwater runoff quantity standards at Subsection 35-155.3q may be granted if the following are met:
(1)
The applicant demonstrates, through hydrologic
and hydraulic analysis, including the effects of the mitigation project,
that the variance will not result in increased flooding damage below
each point of discharge of the major development;
(2)
The mitigation project indirectly discharges to
the same watercourse and is located upstream of the major development
subject to the variance; and
(3)
The mitigation project provides peak flow rate attenuation in accordance with Subsection 35-155.3q2(c) for an equivalent or greater area than the area of the major development subject to the variance. For the purposes of this demonstration, equivalent includes both size of the area and percentage of impervious surface and/or motor vehicle surface.
(j)
The applicant or the entity assuming maintenance responsibility for the associated major development shall be responsible for preventive and corrective maintenance (including replacement) of the mitigation project and shall be identified as such in the maintenance plan established in accordance with Subsection 35-155.9. This responsibility is not transferable to any entity other than a public agency, in which case a written agreement with that public agency must be submitted to the review agency.
c.
Any approved variance shall be submitted by the municipal review
agency to the county review agency and the NJDEP, by way of a written
report describing the variance, as well as the required mitigation,
within 30 days of the approval.
[Added 4-17-2023 by Ord.
No. 23-17-OAB]
Any person(s) who erects, constructs, alters, repairs, converts,
maintains, or uses any building, structure or land in violation of
this section shall be subject to the following penalties:
[Ord. No. 01-21-OAB § 35]
a.
All clearing and soil disturbance activities shall be limited to
that which is necessary to accommodate an activity, use or structure
which is permitted by this article.
b.
Where practical, all clearing and soil disturbance activities associated
with an activity, use or structure, other than agriculture, forestry
and resource extraction, shall:
c.
All applications for major development shall contain a landscaping or revegetation plan that incorporates the elements set forth in Subsection d below.
d.
In order to conserve water, conserve natural features and reduce pollution from the use of fertilizers, pesticides and other soil supplements, all landscaping or revegetation plans prepared pursuant to Subsection c above or required pursuant to Subsections 35-33.2s and 35-36.2z shall incorporate the following elements:
1.
The limits of clearing shall be identified;
2.
Existing vegetation, including New Jersey's Record Trees as published
by the New Jersey Department of Environmental Protection in 1991 and
periodically updated, shall be incorporated into the landscape design
where practical;
3.
Permanent lawn or turf areas shall be limited to those specifically
intended for active human use such as play fields, golf courses and
lawns associated with a residence or other principal nonresidential
use. Existing wooded areas shall not be cleared and converted to lawns
except when directly associated with and adjacent to a proposed structure;
and
4.
Shrubs and trees authorized by N.J.A.C. 7:50-6.25 shall be used for
revegetation or landscaping purposes. Other shrubs and trees may be
used in the following circumstances:
(a)
When the parcel to be developed or its environs contain a predominance
of shrubs and tree species not authorized by N.J.A.C. 7:50-6.25;
(b)
For limited ornamental purposes around buildings and other structures;
or
(c)
When limited use of other shrubs or tree species is required
for proper screening or buffering.
e.
Development Prohibited in the Vicinity of Threatened or Endangered
Plants. No development shall be carried out by any person in the Pinelands
Area of the Township unless it is designed to avoid irreversible adverse
impacts on the survival of any local populations of threatened or
endangered plants of the Pinelands designated in N.J.A.C. 7:50-6.27.
[Ord. No. 01-21-OAB § 35]
No hazardous or toxic substances, including hazardous wastes,
shall be stored, transferred, processed, discharged, disposed or otherwise
used in the Pinelands Area. The land application of waste or waste-derived
materials is prohibited in the Pinelands Area, except as expressly
authorized in N.J.A.C. 7:50-6.79. Waste management facilities shall
only be permitted in the Pinelands Area in accordance with the standards
set forth in N.J.A.C. 7:50-6.
[Ord. No. 01-21-OAB § 35; Ord. No. 05-23-OAB § 1; Ord. No. 06-17-OAB § 17; Ord. No. 06-19-OAB § 17]
a.
General.
1.
All development permitted under this chapter shall be designed and
carried out so that the quality of surface and ground water shall
be protected and maintained. Agricultural use shall not be considered
development for the purposes of this section.
2.
Except as specifically permitted and authorized in this section,
no development shall be permitted which degrades surface or ground
water quality or which establishes new point sources of pollution.
3.
No development shall be permitted which does not meet the minimum
water quality and potable water standards of the State of New Jersey
or the United States.
b.
Minimum Standards for Point and Nonpoint Source Discharges. The following
point and nonpoint sources may be developed and operated in the Pinelands
Area of the Township:
1.
Development of new or the expansion of existing commercial, industrial and waste water treatment facilities, or the development of new or the expansion of existing nonpoint sources, except those specifically regulated in Subsections b2 through 6 below, provided that;
(a)
There will be no direct discharge into any surface water body;
(b)
All discharges from the facility or use are of a quality and
quantity such that ground water exiting from the parcel of land or
entering a surface body of water will not exceed two parts per 1,000,000
nitrate/nitrogen;
(c)
All public wastewater treatment facilities are designed to accept
and treat septage; and
(d)
All storage facilities, including ponds or lagoons, are lined
to prevent leakage into ground water.
2.
Development of new wastewater treatment or collection facilities which are designed to improve the level of nitrate/nitrogen attenuation of more than one existing on-site wastewater treatment system where a public health problem has been identified may be exempted from the standards of Subsection b1(b) above provided that:
(a)
There will be no direct discharge into any surface water body;
(b)
The facility is designed only to accommodate wastewater from
existing residential, commercial and industrial development;
(c)
Adherence to Subsection b1(b) above cannot be achieved due to limiting site conditions or that the costs to comply with the standard will result in excessive user fees; and
(d)
The design level of nitrate/nitrogen attenuation is the maximum
possible within the cost limitations imposed by such user fee guidelines,
but in no case shall ground water exiting from the parcel or entering
a surface body of water exceed five parts per 1,000,000 nitrate/nitrogen.
3.
Improvements to existing commercial, industrial and wastewater treatment
facilities which discharge directly into surface waters, provided
that:
(a)
There is no practical alternative available that would adhere to the standards of Subsection b1(a) above;
(b)
There is no increase in the existing approved capacity of the
facility; and
(c)
All discharges from the facility into surface waters are such
that the nitrate/nitrogen levels of the surface waters at the discharge
point do not exceed two parts per 1,000,000. In the event that nitrate/nitrogen
levels in the surface waters immediately upstream of the discharge
point exceed two parts per 1,000,000, the discharge shall not exceed
two parts per 1,000,000 nitrate/nitrogen.
4.
Individual on-site septic wastewater treatment systems which are
not intended to reduce the level of nitrate/nitrogen in the wastewater,
provided that:
(a)
The proposed development to be served by the system is otherwise
permitted pursuant to the provisions of this article;
(b)
The design of the system and its discharge point, and the size of the entire contiguous parcel on which the system or systems is located will ensure that ground water exiting from the entire contiguous parcel or entering a surface body of water will not exceed two parts per 1,000,000 nitrate/nitrogen, calculated pursuant to the Pinelands dilution model dated December, 1993, as amended, subject to the provisions of Subsection b4(c) below. The entire contiguous parcel may include any contiguous lands to be dedicated as open space as part of the proposed development but may not include previously dedicated road rights-of-way or any contiguous lands that have been deed restricted pursuant to Subsections 35-110.2a4, 35-110.3a4, 35-110.4a4 or § 35-150l;
(c)
Only contiguous lands located within the same zoning district
and Pinelands management area as the proposed system or systems may
be utilized for septic dilution purposes, except for:
(1)
The development of an individual single family dwelling on a
lot existing as of January 14, 1981;
(2)
Nonresidential development on a lot of five acres or less existing
as of January 14,1981;
(3)
Cluster development as permitted by N.J.A.C. 7:50-5.19; and
(4)
Development in the FA-LI Zone that may utilize Block 12, Lot
2 for septic dilution purposes.
(d)
The depth to seasonal high water table is at least five feet;
(e)
Any potable water well will be drilled and cased to a depth
of at least 100 feet, unless the well penetrates an impermeable clay
aquiclude, in which case the well shall be cased to at least 50 feet;
(f)
The system will be maintained and inspected in accordance with
the requirements of N.J.A.C. 7:50-6.85;
(g)
The technology has been approved for use by the New Jersey Department
of Environmental Protection; and
(h)
Flow values for nonresidential development shall be determined
based on the values contained in N.J.A.C. 7:9A-7.4, as amended, except
that number of employees may not be utilized in calculating flow values
for office uses. In the event that N.J.A.C. 7:9A-7.4 does not provide
flow values for a specific use, but a flow value is assigned for that
use in N.J.A.C. 7:14A-23.3(a), the flow value specified in N.J.A.C.
7:14A-23.3(a) shall be used in calculating flow.
5.
Individual on-site septic wastewater treatment systems which are
intended to reduce the level of nitrate/nitrogen in the wastewater,
provided that:
(c)
The design of the system and its discharge point, and the size of the entire contiguous parcel on which the system or systems is located will ensure that groundwater exiting from the entire contiguous parcel or entering a surface body of water will not exceed two parts per 1,000,000 nitrate/nitrogen, calculated pursuant to the Pinelands dilution model dated December, 1993, as amended, subject to the provisions of Subsection b4(c) above and the assumptions and requirements set forth in N.J.A.C. 7:50-6.84(a)5iv. The entire contiguous parcel may include any contiguous lands to be dedicated as open space as part of the proposed development but may not include previously dedicated road rights-of-way or any contiguous lands that have been deed restricted pursuant to Subsections 35-110.2a4, 35-110.3a4, 35-110.4a4 or § 35-150l;
c.
Treatment Facility and Tank Maintenance.
1.
The owner of every on-site septic waste treatment facility shall,
as soon as suitable septage disposal facility capacity is available,
in accordance with the provisions of Chapter 325 of the Solid Waste
Management Act, N.J.S.A. 13:1E-1 et seq. and Section 201 of the Clean
Water Act:
(a)
Have the facility inspected by a technician at least once every
three years;
(b)
Have the facility cleaned at least once every three years;
(c)
Once every three years submit to the Zoning Officer sworn statement
that the facility has been inspected and cleaned and is functional,
setting forth the name of the person who performed the inspection
and cleaning and the date of such inspection.
2.
The owner of every commercial petroleum storage tank shall comply
with the requirements of Chapter 102 of the Laws of 1986 (N.J.S.A.
58:10A-29).
d.
Prohibited Chemicals and Materials.
1.
Use of septic tank cleaners and waste oil is prohibited in the Pinelands
Area to the extent that such use will result in direct or indirect
introduction of such substances in the groundwater or any land.
2.
All storage facilities for deicing chemicals shall be lined to prevent
leaking into soils and shall be covered with an impermeable surface
that shields the facility from precipitation.
3.
No person shall apply any herbicide to any road or public utility
right-of-way within the Pinelands Area unless necessary to protect
an adjacent agricultural activity.
e.
Water Management. Interbasin transfer of water between watersheds
shall be avoided to the maximum extent practical. Water shall not
be exported from the Pinelands, except as otherwise authorized in
N.J.S.A. 58: 1A-7.1.
[Ord. No. 01-21-OAB § 35; Ord. No. 2012-16-OAB § 24]
a.
Uses. No development in the Pinelands Area shall be permitted in
a wetland or a wetlands transition area except for the following uses:
3.
Beekeeping.
5.
Fish and wildlife activities and wetlands management, in accordance
with N.J.A.C. 7:50-6.10.
6.
Low intensity recreational uses which do not involve use of a structure, including hunting, fishing, trapping, hiking, boating and swimming and other low intensity recreational uses, provided that any development associated with those uses does not result in a significant adverse impact on the wetland as set forth in Subsection b below.
7.
Private docks, piers, moorings and boat launches for the use of landowner, provided that there is no significant adverse impact on the wetland as set forth in Subsection b below.
8.
Commercial or public docks, piers, moorings and boat launches, provided
that:
9.
Bridges, roads, trails and utility transmission and distribution
facilities, provided that:
(a)
There is no feasible alternative route or site for the facility
that does not involve development in a wetland or, if none, that another
feasible route or site which results in less significant adverse impacts
on wetlands does not exist;
(b)
The need for the proposed linear improvement cannot be met by
existing facilities or modification thereof;
(c)
The use represents a need that overrides the importance of protecting
the wetland;
(d)
Development of the facility will include all practical measures
to mitigate the adverse impact on the wetland; and
(e)
The resources of the Pinelands will not be substantially impaired
as a result of the facility and its development as determined exclusively
based on the existence of special and unusual circumstances.
b.
Development Standards.
1.
No development, except for those uses that are specifically authorized in Subsection a above, shall be carried out within 300 feet of any wetland, unless the applicant has demonstrated that the proposed development will not result in a significant adverse impact on the wetland.
2.
A significant adverse impact shall be deemed to exist where it is
determined that one or more of the following modifications of a wetland
will have an irreversible effect on the ecological integrity of the
wetland and its biotic components including, but not limited to, threatened
or endangered species of plants or animals:
(a)
An increase in surface water runoff discharging into a wetland.
(b)
A change in the normal seasonal flow patterns in the wetland.
(c)
An alteration of the water table in the wetland.
(d)
An increase in erosion resulting in increased sedimentation
in the wetland.
(e)
A change in the natural chemistry of the ground or surface water
in the wetland.
(f)
A loss of wetland habitat.
(g)
A reduction in wetland habitat diversity.
(h)
A change in wetlands species composition.
(i)
A significant disturbance of areas used by indigenous and migratory
wildlife for breeding, nesting or feeding.
