[HISTORY: Adopted by the Borough Council
of the Borough of Alpine as Ch. XVIII (Ord. No. 274) of the 1970 Revised
General Ordinances. Amendments noted where applicable.]
This chapter shall be known and may be cited
as the "Site Plan Review Ordinance of the Borough of Alpine."
[Amended 7-24-2002 by Ord. No. 597]
A.
For purposes of this chapter, site development shall
consist of:
(1)
Construction of any building or addition to a building
having a floor area of over 100 square feet, other than a detached
one-family or two-family dwelling;
(2)
Issuance of a building permit, issuance of a certificate
of occupancy, and issuance of any permit required for any construction,
reconstruction, conversion, structural alteration, new location or
enlargement of any building or other structure having a floor area
over 100 square feet, except for a detached one-family or two-family
dwelling;
(3)
Any use or any change in use of any building or other
structure other than a detached one-family or two-family dwelling;
(4)
The construction of parking areas and driveways for
more than two vehicles, except in connection with a detached one-family
or two-family dwelling;
(5)
The regrading, removal of vegetation or displacement
of soil covering an area over 5,000 square feet; and
(6)
Any change in tenancy of an existing nonresidential
building or structure.
B.
Application of requirements.
(1)
Except as provided herein, no building permit shall
be issued for a site development unless a site plan is first submitted
and approved by the approving authority.
(2)
No certificate of occupancy shall be given unless
all construction and conditions conform to the site development plan
as approved, unless conditionally approved by the approving authority
as provided herein.
C.
Site development plan review not required.
(1)
Site development plan review shall not be required
for:
(a)
Single-family detached dwellings or for such
accessory uses as a private garage, toolhouse, garden and private
greenhouses, swimming pools and other similar uses incidental to a
single detached dwelling or for similar improvements as accessory
uses to a principal use.
(c)
Renovations or alterations to the exterior or
interior of any building or structure that do not involve any enlargement
of the building or major structural change, as defined in the Uniform
Construction Code of the State of New Jersey.
(d)
Owners of property whose rights and obligations
are determined by a settlement of litigation, order or judgment of
a court, arising out of litigation, which includes issues relating
to site development.
(2)
However, the Construction Code Official shall refer
any application for a building permit to the Planning Board for site
plan approval, where the construction, reconstruction, alteration
or change of use will affect circulation, water supply, sewage disposal,
drainage, landscaping, signs, lighting, off-street parking or loading
or the lack of any or all of these factors, environmental factors
and other considerations as specified in this chapter.
D.
Minor site plan review.
(1)
Pursuant to N.J.S.A. 40:55D-46.1, the Planning Board
Chairman shall appoint a Site Plan Subcommittee. The Site Plan Subcommittee
shall review applications where a development plan proposes a change
of use to a use permitted in the zoning district for a building or
structure or a portion of a building or structure. The Site Plan Subcommittee
may waive some or all of the procedural requirements for site plan
approval required for a change of use by expressly making specific
findings that the proposed change of use:
(a)
Does not involve the construction of a new building
or the extension of an existing building;
(b)
Does not require additional parking;
(c)
Does not effect existing parking facilities,
vehicular or pedestrian circulation, drainage, relationship of buildings
to each other, buffering, landscaping, sewage disposal, lighting,
environmental factors and other considerations as specified in this
chapter.
(2)
If the Planning Subcommittee makes this determination
to waive the procedural requirements for site plan approval, it shall,
in writing, refer the applicant to the Construction Code Official
for issuance of a change of use certificate which shall then be issued
by the Construction Code Official. If this determination is made,
the applicant shall have returned all but $50 of the application fee,
or determine that the site development plan does require full site
plan approval and refer the application to the Planning Board for
site plan review, or determine that the site development plan conforms
to the definition of minor site plan and refer the application to
the Planning Board for minor site plan review.
E.
The Planning Board Subcommittee shall have 10 days
from the receipt of an application to make a determination as provided
by this section, Site development application.
The provisions of this chapter shall be administered by the Planning Board in accordance with N.J.S.A. 40:55D-37, except that the Zoning Board of Adjustment shall substitute for the Planning Board whenever the Zoning Board of Adjustment has jurisdiction over a site plan as provided in Chapter 35, Land Use Procedures, § 35-10, of this Code. Where the Planning Board is referred to hereunder, this shall mean the Zoning Board of Adjustment, where such Zoning Board has jurisdiction.
A.
Submission of preliminary plan. The following shall
apply:
[Amended by Ord. No. 304]
(1)
An owner or developer of land within the Borough shall,
prior to developing a site as defined and covered in this chapter,
submit to the Secretary of the Planning Board a preliminary site plan
and such other information as is reasonably necessary to make an informed
decision as to whether or not the requirements necessary for preliminary
site plan approval have been met. The site plan and any engineering
documents to be submitted shall be required in tentative form for
discussion purposes for preliminary approval. If any architectural
plans are required to be submitted for site plan approval, the preliminary
plans and elevations shall be sufficient. If an application for development
is found to be incomplete, the developer shall be notified in writing
of the deficiencies therein by the Board or the Board's designee for
the determination of completeness within 45 days of the submission
of such application or it shall be deemed to be properly submitted.
(2)
If the Planning Board requires any substantial amendment
in the layout of improvements proposed by the developer that have
been the subject of a hearing, an amended application for development
shall be submitted and proceeded upon, as in the case of the original
application for development.
(3)
The Planning Board shall, following public hearing as specified in Chapter 35, Land Use Procedures, § 35-27, of this Code if the proposed development complies with this chapter and N.J.S.A. 40:55D-1 et seq., grant preliminary site plan approval. If the application for development is under the jurisdiction of the Zoning Board of Adjustment, the hearing, review, and approval procedures shall be included with and subject to the same requirements as for a zoning variance.
(4)
Upon the submission of a complete application for
a site plan which involves 10 acres of land or less, and 10 dwelling
units or less, the Planning Board shall grant or deny preliminary
approval within 45 days of the date of such submission, or within
such further time as may be consented to by the developer. Upon the
submission of a complete application for a site plan which involves
more than 10 acres, or more than 10 dwelling units, the Planning Board
shall grant or deny preliminary approval within 95 days of the date
of such submission, or within such further time as may be consented
to by the developer. Otherwise, the Planning Board shall be deemed
to have granted preliminary approval of the site plan.
(5)
Whenever review or approval of the application by
the County Planning Board is required by N.J.S.A. 40:27-6.6, the Borough
Planning Board shall condition any approval that it grants upon timely
receipt of a favorable report on the application by the County Planning
Board, or approval by its failure to report thereon within the required
time period.
B.
Effect of preliminary site plan approval.
(1)
Protection of applicant. Preliminary approval of a
site plan shall protect the applicant, for a three-year period from
the date of preliminary approval, from changes in the general terms
and conditions on which preliminary approval was granted, including
but not limited to use requirements; layout and design standards for
streets, curbs and sidewalks; lot size, yard dimensions and off-tract
improvements; and any requirements peculiar to such preliminary site
plan approval. However, nothing herein shall be construed to prevent
the Borough from modifying by ordinance such general terms and conditions
of preliminary approval as relate to public health and safety.
(2)
Submission for final approval. The applicant may submit
for final approval on or before the expiration date of preliminary
approval the whole or a section or sections of the preliminary site
plan.
(3)
Extensions on preliminary approval. The applicant
may apply for and the Planning Board may grant extensions on such
preliminary approval for additional periods of at least one year but
not to exceed a total extension of two years, provided that, if the
design standards have been revised by ordinance, such revised standards
may govern.
C.
Submission of final site plan. The final site plan shall be submitted to the Secretary of the Planning Board within the time limit specified in Subsection B. If the plan and related information is not complete as specified in § 179-5, the applicant shall be notified within 45 days after the date of submission, or the application shall be deemed to be complete. The Planning Board shall act upon the final site plan within 45 days of the submission of a complete application. A public hearing shall not be required, except that if any substantial amendment in the layout of improvements proposed by the developer that have been the subject of a hearing is made or is required, the plan shall again go through the procedure required for preliminary site plans.
D.
Completion and inspection of improvements. The installation of improvements as required in § 179-6 and as included in the site plan, including principal and accessory buildings or other structures, shall not commence until after the approval of the final site plan and the submission of a certified location survey (including proposed elevations) to the Construction Official/Building Inspector. Such installation shall be subject to inspection by the Borough Engineer, and approval shall be revoked if there is significant deviation from the site plan as approved. Performance and maintenance bonds shall be released subject to approval by the Borough Engineer and Borough Council. All improvements shall be completed in a timely manner so as not to leave the site in an unfinished or unsightly condition, as determined by the Borough Council, and if this is not done, the final approval shall be deemed to be revoked, and the performance and maintenance bonds may be used by the Borough to restore the site to an acceptable condition. The issuance of building and occupancy permits shall be conditioned on the completion of improvements as specified in the final site plan application and submission and approval of an as-built certified survey.
[Amended 9-27-2017 by Ord. No. 772]
A.
Site plan maps. Site plans shall be drawn on a map
or maps to a scale not smaller than one inch equals 50 feet and not
larger than one inch equals 10 feet.
B.
Information required on site plans. Site plans shall
include and show the following information with respect to the subject
property, except the preliminary site plans may be submitted without
detailed dimensions, grade elevations, and engineering designs, and
may include only preliminary architectural floor plans and typical
elevations:
[Amended by Ord. No. 427]
(1)
The name and address of the applicant and the owner
and the name, address and title of the person preparing the plan,
maps and accompanying data, the date of preparation, and the dates
of each revision where applicable.
(2)
An appropriate place for the signatures of the Chairman
and Secretary of the Planning Board or Zoning Board of Adjustment,
and the Borough Engineer.
(3)
The lot and block number or numbers of the lot or
lots from the Borough tax maps; length and bearings of the lot lines
of the proposed project.
(4)
Scale and North sign.
(5)
The zone district in which the lot or lots are located
and the zone district or districts of all the immediately adjoining
lots.
(6)
The location, size and nature of all existing and
proposed rights-of-way, easements and other encumbrances which may
affect the lot or lots in question.
(7)
The location, size and nature of the entire lot or
lots in question, and any contiguous lots owned by the applicant or
in which the applicant has a direct or indirect interest even though
only a portion of the entire property is involved in the site plan
for which approval is sought; provided, however, that where it is
physically impossible to show such entire lot or lots or contiguous
lot or lots on one map, a key map thereof shall be submitted.
(8)
The location, names and pavement and right-of-way
widths of all existing and proposed streets abutting the lot or lots
in question, the property lines of all abutting properties together
with the names and addresses of the owners as disclosed on the Borough
tax map and tax rolls as of the date of the site plan application,
and the location of existing buildings within 200 feet of the site
in question.
(9)
The existing and proposed principal building or structure
and all accessory building or structures, if any, with dimensions
showing present and finished grade elevations at all corners and entrances
of such building or structures, first floor elevations and the complete
floor plans and elevation plans thereof.
(10)
Present and proposed topography based on New Jersey
Geodetic Control Survey Datum, at two-foot contour intervals.
(11)
All existing and proposed setback dimensions, landscaped
areas, trees over six-inch caliper on the part of the site affected
by the proposed development, fencing and size and type of planting
and plant material upon the subject lot or lots, including a planting
plan drawn by a qualified landscape architect or landscape designer,
and signed by him/her.
(12)
The location, type and size of all existing and proposed
curbs, sidewalks, driveways, street pavement widenings, fences, retaining
walls, parking space areas and the layouts thereof and all off-street
loading areas, together with the dimensions of all the foregoing,
for the site and within 100 feet; number of employees, total and maximum
on one shift.
(13)
The location, type and size of existing and proposed
catchbasins and storm drainage facilities and all utilities, both
above and below ground. Drainage calculations shall be submitted to
show the adequacy of proposed storm drainage facilities and security
against flooding demonstrated, using a fifty-year design storm; evidence
of approval by the State Department of Environmental Protection, where
applicable, including encroachment permits.
(14)
All existing and proposed signs and their size, nature
of construction and location and all existing and proposed exterior
lighting, including size, nature of construction, location, height,
the area and direction of illumination and the lumen power.
(15)
Soil erosion and sediment control plan as described in Chapter 195, Subdivision of Land, for sites where over 5,000 square feet of ground area is being disturbed.
(16)
Cost estimates and proposed construction and maintenance bonds and construction time schedules related to building construction, for any required improvements under § 179-6 hereunder not proposed to be completed before the issuance of a certificate of occupancy.
(17)
Plans for any off-tract improvements, including cost estimates and calculations of the share to be borne by the developer, under the standards described in Chapter 195, Subdivision of Land.
(18)
For sites over five acres in size, an environmental impact statement, as specified in Chapter 195, Subdivision of Land.
(19)
Recycling.
(a)
In multifamily residential developments containing 25 or more units, and in nonresidential developments utilizing 1,000 square feet or more of land area, the location and description of provisions for the recycling of recyclable materials in accordance with Chapter 188, Solid Waste, Article I, Recycling. The plan shall be accompanied by a description of the following:
(b)
All recycling areas shall be in a location on-site as approved by the Planning Board, and shall be adequately screened so that no recycled material is visible from the property line containing such area. All methods of storage, disposal and collection shall conform to any applicable requirements of Chapter 188, Solid Waste, Article I, Recycling.
(20)
Any and all other information and data necessary to
meet any of the requirements of this chapter not listed above.
B.
Requirements. Each site plan or other development
application shall provide for the following:
[Amended by Ord. No. 427; 5-28-2014 by Ord. No.
743]
(1)
Safe and efficient vehicular and pedestrian circulation, parking and loading, including widening of public roads and the provision of acceleration and deceleration lanes, where necessary. All public roadways, private roadways, and driveways serving more than two dwelling units shall comply with all otherwise applicable provisions of § 195-8B.
(2)
Adequate screening and landscaping and appropriate
location of structures.
(3)
Exterior lighting for safety reasons, properly shaded
so as to avoid glare on adjoining properties.
(4)
Adequate water supply, drainage, sewage facilities
and other utilities necessary for essential service to residents and
occupants.
(5)
Any area reserved for public use shall be of suitable
size, shape and location to serve its intended purposes.
(6)
No development shall take place in a delineated floodway
area, and shall be permitted in a delineated flood fringe area only
where it is determined by the Borough Engineer that the first-floor
elevation will be above the flood level, and that construction and
landfilling will not significantly increase flooding in other areas.
(7)
Adequate protection and conservation of soils through
an erosion and sedimentation control plan, where over 5,000 square
feet of ground area is being disturbed.
(8)
Standards for the grading, improvement and construction
of streets or driveways and for walkways, curbs, gutters, streetlights,
shade trees, screening, fire hydrants and water, drainage, sewage
facilities and other improvements found necessary shall be as provided
to the developer by the Borough Engineer, and such improvements shall
be installed by the developer and, where related to public streets
and drainage structures, shall be subject to performance guaranty
requirements where not completed before issuance of a building permit
and certificate of occupancy, and to maintenance guaranty requirements.
A performance guaranty shall also be posted to restore the property
to a sightly condition if the developer does not complete all the
improvements in a reasonable time. Where certain utilities to be installed
are under other governmental authority or jurisdiction, such shall
be adhered to by the developer. A letter approving the proposed installations
and a statement as to who will carry out the construction shall be
required.
(9)
Any off-tract water, sewer, drainage or street improvements required as a result of land development shall be paid for by the developer on a pro rata basis under the standards described in Chapter 195, Subdivision of Land.
(10)
All taxes and assessments against the site shall be
paid prior to any preliminary approval.
(11)
Provisions for the collection, disposition and recycling of recyclable materials designated in Chapter 188, Solid Waste, Article I, Recycling, and in accordance with any applicable provisions of that chapter, in residential developments containing 25 or more multifamily housing units and in nonresidential developments utilizing 1,000 square feet or more of land area.
(12)
A stormwater management system prepared by a design
engineer in accordance with the provisions of N.J.A.C. 5:21-7, et
seq.
[Added 4-25-2001 by Ord. No. 587]
[Added 3-22-2006 by Ord. No. 662]
A.
Scope and purpose.
(1)
Policy statement. Flood control, groundwater recharge,
and pollutant reduction through nonstructural or low-impact techniques
shall be explored before relying on structural BMPs (best management
practices). Structural BMPs should be integrated with nonstructural
stormwater management strategies and proper maintenance plans. Nonstructural
strategies include both environmentally sensitive site design and
source controls that prevent pollutants from being placed on the site
or from being exposed to stormwater. Source control plans should be
developed based upon physical site conditions and the origin, nature,
and the anticipated quantity or amount of potential pollutants. Multiple
stormwater management BMPs may be necessary to achieve the established
performance standards for water quality, quantity, and groundwater
recharge.
(2)
Purpose. It is the purpose of this section to establish minimum stormwater management requirements and controls for major development, as defined in Subsection B.
(3)
Applicability.
(a)
This section shall be applicable to all site
plans and subdivisions for the following major developments that require
preliminary or final site plan or subdivision review:
(b)
This section shall also be applicable to all
major developments undertaken by the Borough of Alpine.
(c)
The adoption of this section shall not negate
the requirements of Borough Ordinance No. 587, which requires that
all developments within the Borough shall comply with the requirements
of N.J.A.C. 5:21, even if the development is not classified as a major
development. This requirement includes the development and/or redevelopment
of single, standalone lots.
(4)
Compatibility with other permit and ordinance requirements.
Development approvals issued for subdivisions and site plans pursuant
to this section are to be considered an integral part of development
approvals under the subdivision and site plan review process and do
not relieve the applicant of the responsibility to secure required
permits or approvals for activities regulated by any other applicable
code, rule, act, or ordinance. In their interpretation and application,
the provisions of this section shall be held to be the minimum requirements
for the promotion of the public health, safety, and general welfare.
This section is not intended to interfere with, abrogate, or annul
any other 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.
B.
CAFRA PLANNING MAP
CAFRA CENTERS, CORES OR NODES
COMPACTION
CORE
COUNTY REVIEW AGENCY
DEPARTMENT
DESIGNATED CENTER
DESIGN ENGINEER
DEVELOPMENT
DRAINAGE AREA
EMPOWERMENT NEIGHBORHOOD
ENVIRONMENTALLY CRITICAL AREAS
EROSION
IMPERVIOUS SURFACE
INFILTRATION
MAJOR DEVELOPMENT
MUNICIPALITY
NODE
NUTRIENT
PERSON
POLLUTANT
RECHARGE
SEDIMENT
SITE
SOIL
STATE DEVELOPMENT AND REDEVELOPMENT PLAN METROPOLITAN PLANNING
AREA (PA1)
STATE PLAN POLICY MAP
STORMWATER
STORMWATER MANAGEMENT BASIN
STORMWATER MANAGEMENT MEASURE
STORMWATER RUNOFF
TIDAL FLOOD HAZARD AREA
URBAN COORDINATING COUNCIL EMPOWERMENT NEIGHBORHOOD
URBAN ENTERPRISE ZONE
URBAN REDEVELOPMENT AREA
WATERS OF THE STATE
WETLANDS or WETLAND
Definitions and word usage. Unless specifically defined
below, words or phrases used in this section shall be interpreted
so as to give them the meaning they have in common usage and to give
this section its most reasonable application. The definitions below
are the same as or based on the corresponding definitions in the Stormwater
Management Rules at N.J.A.C. 7:8-1.2.
The geographic depiction of the boundaries for Coastal Planning
Areas, CAFRA Centers, CAFRA Cores and CAFRA Nodes pursuant to N.J.A.C.
7:7E-5B.3.
Those areas within boundaries accepted by the Department
pursuant to N.J.A.C. 7:8E-5B.
The increase in soil bulk density.
A pedestrian-oriented area of commercial and civic uses serving
the surrounding municipality, generally including housing and access
to public transportation.
An agency designated by the County Board of Chosen Freeholders
to review municipal stormwater management plans and implementing ordinance(s).
The county review agency may either be a county planning agency or
a county water resource association created under N.J.S.A 58:16A-55.5,
if the ordinance or resolution delegates authority to approve, conditionally
approve, or disapprove municipal stormwater management plans and implementing
ordinances.
The New Jersey Department of Environmental Protection.
A State Development and Redevelopment Plan Center as designated
by the State Planning Commission such as urban, regional, town, village,
or hamlet.
A person professionally qualified and duly licensed in New
Jersey to perform engineering services that may include, but not necessarily
be limited to, development of project requirements, creation and development
of project design and preparation of drawings and specifications.
The division of a parcel of land into two or more parcels,
the construction, reconstruction, conversion, structural alteration,
relocation or enlargement of any building or structure, any mining
excavation or landfill, and any use or change in the use of any building
or other structure, or land or extension of use of land, by any person,
for which permission is required under the Municipal Land Use Law,
N.J.S.A. 40:55D-1 et seq. In the case of development of agricultural
lands, "development" means: any activity that requires a state permit;
any activity reviewed by the County Agricultural 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.
A geographic area within which stormwater, sediments, or
dissolved materials drain to a particular receiving waterbody or to
a particular point along a receiving waterbody.
A neighborhood designated by the Urban Coordinating Council
in consultation and conjunction with the New Jersey Redevelopment
Authority pursuant to N.J.S.A 55:19-69.
An area or feature which is of significant environmental
value, including but not limited to: stream corridors; natural heritage
priority sites; habitat of endangered or threatened species; large
areas of contiguous open space or upland forest; steep slopes; and
well head protection and groundwater recharge areas. Habitats of endangered
or threatened species are identified using the Department's Landscape
Project as approved by the Department's Endangered and Nongame Species
Program.
The detachment and movement of soil or rock fragments by
water, wind, ice or gravity.
A surface that has been covered with a layer of material
so that it is highly resistant to infiltration by water.
The process by which water seeps into the soil from precipitation.
Any development that provides for ultimately disturbing one
or more acres of land. Disturbance for the purpose of this rule is
the placement of impervious surface or exposure and/or movement of
soil or bedrock or clearing, cutting, or removing of vegetation.
Any city, borough, town, township, or village.
An area designated by the State Planning Commission concentrating
facilities and activities which are not organized in a compact form.
A chemical element or compound, such as nitrogen or phosphorus,
which is essential to and promotes the development of organisms.
Any individual, corporation, company, partnership, firm,
association, Borough of Alpine, or political subdivision of this state
subject to municipal jurisdiction pursuant to the Municipal Land Use
Law, N.J.S.A. 40:55D-1 et seq.
Any dredged spoil, solid waste, incinerator residue, filter
backwash, sewage, garbage, refuse, oil, grease, sewage sludge, munitions,
chemical wastes, biological materials, medical wastes, radioactive
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, groundwaters or surface waters of the state,
or to a domestic treatment works. "Pollutant" includes both hazardous
and nonhazardous pollutants.
The amount of water from precipitation that infiltrates into
the ground and is not evapotranspired.
Solid material, mineral or organic, that is in suspension,
is being transported, or has been moved from its site of origin by
air, water or gravity as a product of erosion.
The lot or lots upon which a major development is to occur
or has occurred.
All unconsolidated mineral and organic material of any origin.
An area delineated on the State Plan Policy Map and adopted
by the State Planning Commission that is intended to be the focus
for much of the state's future redevelopment and revitalization efforts.
The geographic application of the State Development and Redevelopment
Plan's goals and state-wide policies, and the official map of these
goals and policies.
Water resulting from precipitation (including rain and snow)
that runs off the land's surface, is transmitted to the subsurface,
or is captured by separate storm sewers or other sewage or drainage
facilities, or conveyed by snow-removal equipment.
An excavation or embankment and related areas designed to
retain stormwater runoff. A stormwater management basin may either
be normally dry (that is, a detention basin or infiltration basin),
retain water in a permanent pool (a retention basin), or be planted
mainly with wetland vegetation (most constructed stormwater wetlands).
Any structural or nonstructural strategy, practice, technology,
process, program, or other method intended to control or reduce stormwater
runoff and associated pollutants, or to induce or control the infiltration
or groundwater recharge of stormwater or to eliminate illicit or illegal
nonstormwater discharges into stormwater conveyances.
Water flow on the surface of the ground or in storm sewers,
resulting from precipitation.
A flood hazard area, which may be influenced by stormwater
runoff from inland areas, but which is primarily caused by the Atlantic
Ocean.
A neighborhood given priority access to state resources through
the New Jersey Redevelopment Authority.
A zone designated by the New Jersey Enterprise Zone Authority
pursuant to the New Jersey Urban Enterprise Zones Act, N.J.S.A. 52:27H-60
et seq.
Previously developed portions of areas:
The ocean and its estuaries, all springs, streams, wetlands,
and bodies of surface water or groundwater, whether natural or artificial,
within the boundaries of the State of New Jersey or subject to its
jurisdiction.
An area that is inundated or saturated by surface water or
groundwater at a frequency and duration sufficient to support, and
that under normal circumstances does support, a prevalence of vegetation
typically adapted for life in saturated soil conditions, commonly
known as “hydrophytic vegetation.”
C.
Design and performance standards for stormwater management
measures.
(1)
Stormwater management measures for major development shall be developed to meet the erosion control, groundwater recharge, stormwater runoff quantity, and stormwater runoff quality standards in Subsection D. To the maximum extent practicable, these standards shall be met by incorporating nonstructural stormwater management strategies into the design. If these strategies alone are not sufficient to meet these standards, structural stormwater management measures necessary to meet these standards shall be incorporated into the design.
(2)
The standards in this section apply only to new major
development and are intended to minimize the impact of stormwater
runoff on water quality and water quantity in receiving water bodies
and maintain groundwater recharge. The standards do not apply to new
major development to the extent that alternative design and performance
standards are applicable under a regional stormwater management plan
or Water Quality Management Plan adopted in accordance with Department
rules.
D.
Stormwater management requirements for major development.
(1)
The development shall incorporate a maintenance plan for the stormwater management measures incorporated into the design of a major development in accordance with Subsection J.
(2)
Stormwater management measures shall avoid adverse
impacts of concentrated flow on habitat for threatened and endangered
species as documented in the Department's Landscape Project or Natural
Heritage Database established under N.J.S.A. 13:1B-15.147 through
15.150, particularly Helonias bullata (swamp pink) and/or Clemmys
muhlnebergi (bog turtle).
(3)
The following linear development projects are exempt from the groundwater recharge, stormwater runoff quantity, and stormwater runoff quality requirements of Subsection D(6) and (7):
(a)
The construction of an underground utility line
provided that the disturbed areas are revegetated upon completion;
(b)
The construction of an aboveground utility line
provided that the existing conditions are maintained to the maximum
extent practicable; and
(c)
The construction of a public pedestrian access,
such as a sidewalk or trail with a maximum width of 14 feet, provided
that the access is made of permeable material.
(4)
A waiver from strict compliance from the groundwater recharge, stormwater runoff quantity, and stormwater runoff quality requirements of Subsection D(6) and (7) may be obtained for the enlargement of an existing public roadway or railroad; or the construction or enlargement of a public pedestrian access, provided that the following conditions are met:
(a)
The applicant demonstrates that there is a public
need for the project that cannot be accomplished by any other means;
(d)
The applicant demonstrates that it does not own or have other rights to areas, including the potential to obtain through condemnation lands not falling under Subsection D(4)(c) above within the upstream drainage area of the receiving stream, that would provide additional opportunities to mitigate the requirements of Subsection D(6) and (7) that were not achievable on site.
(5)
Nonstructural stormwater management strategies.
(a)
To the maximum extent practicable, the standards in Subsection D(6) and (7) shall be met by incorporating nonstructural stormwater management strategies set forth at Subsection D(5) into the design. The applicant shall identify the nonstructural measures incorporated into the design of the project. If the applicant contends that it is not feasible for engineering, environmental, or safety reasons to incorporate any nonstructural stormwater management measures identified in Subsection D(5)(b) below into the design of a particular project, the applicant shall identify the strategy considered and provide a basis for the contention.
(b)
Nonstructural stormwater management strategies
incorporated into site design shall:
[1]
Protect areas that provide water quality benefits
or areas particularly susceptible to erosion and sediment loss;
[2]
Minimize impervious surfaces and break up or
disconnect the flow of runoff over impervious surfaces;
[3]
Maximize the protection of natural drainage
features and vegetation;
[4]
Minimize the decrease in the time of concentration
from preconstruction to postconstruction. "Time of concentration"
is defined as the time it takes for runoff to travel from the hydraulically
most distant point of the watershed to the point of interest within
a watershed;
[5]
Minimize land disturbance including clearing
and grading;
[6]
Minimize soil compaction;
[7]
Provide low-maintenance landscaping that encourages
retention and planting of native vegetation and minimizes the use
of lawns, fertilizers and pesticides;
[8]
Provide vegetated open-channel conveyance systems
discharging into and through stable vegetated areas;
[9]
Provide other source controls to prevent or
minimize the use or exposure of pollutants at the site, in order to
prevent or minimize the release of those pollutants into stormwater
runoff. Such source controls include, but are not limited to:
[a]
Site design features that help to prevent accumulation of trash and debris in drainage systems, including features that satisfy Subsection D(5)(c) below;
[b]
Site design features that help
to prevent discharge of trash and debris from drainage systems;
[c]
Site design features that help
to prevent and/or contain spills or other harmful accumulations of
pollutants at industrial or commercial developments; and
[d]
When establishing vegetation after
land disturbance, applying fertilizer in accordance with the requirements
established under the Soil Erosion and Sediment Control Act, N.J.S.A.
4:24-39 et seq., and implementing rules.
(c)
Site design features identified under Subsection D(5)(b)[9][b] above shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets. For purposes of this subsection, "solid and floatable materials" means sediment, debris, trash, and other floating, suspended, or settleable solids. For exemptions to this standard see Subsection D(5)(c)[3] below.
[1]
Grates.
[a]
Design engineers shall use either
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:
[i]
The New Jersey Department of Transportation
(NJDOT) bicycle-safe grate, which is described in Chapter 2.4 of the
NJDOT Bicycle Compatible Roadways and Bikeways Planning and Design
Guidelines (April 1996); or
[ii]
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 inches across the smallest dimension.
[b]
Examples of grates subject to this
standard include grates in grate inlets, the grate portion (non-curb-opening
portion) of combination inlets, grates on storm sewer manholes, ditch
grates, trench grates, and grates of spacer bars in slotted drains.
Examples of ground surfaces include surfaces of roads (including bridges),
driveways, parking areas, bikeways, plazas, sidewalks, lawns, fields,
open channels, and stormwater basin floors.
[2]
Whenever design engineers use a curb-opening
inlet, the clear space in that curb opening (or each individual clear
space, if the curb opening has two or more clear spaces) shall have
an area of no more than seven (7.0) square inches, or be no greater
than 2.0 inches across the smallest dimension.
[3]
This standard does not apply:
[a]
Where the review agency determines
that this standard would cause inadequate hydraulic performance that
could not practicably be overcome by using additional or larger storm
drain inlets that meet these standards;
[b]
Where flows from the water quality design storm as specified in Subsection D(7)(a) 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:
[c]
Where flows are conveyed through a trash rack that has parallel bars with one-inch spacing between the bars, to the elevation of the water quality design storm as specified in Subsection D(7)(a); or
[d]
Where the New Jersey Department
of Environmental Protection determines, pursuant to the New Jersey
Register of Historic Places Rules at N.J.A.C. 7:4-7.2(c), that action
to meet this standard is an undertaking that constitutes an encroachment
or will damage or destroy the New Jersey Register listed historic
property.
(d)
Any land area used as a nonstructural stormwater management measure to meet the performance standards in Subsection D(6) and (7) shall be dedicated to a government agency, subjected to a conservation restriction filed with the appropriate County Clerk's office, or subject to an approved equivalent restriction that ensures that measure or an equivalent stormwater management measure approved by the reviewing agency is maintained in perpetuity.
(6)
Erosion control, groundwater recharge and runoff quantity
standards.
(a)
This subsection contains minimum design and
performance standards to control erosion, encourage and control infiltration
and groundwater recharge, and control stormwater runoff quantity impacts
of major development.
[1]
The minimum design and performance standards
for erosion control are those established under the Soil Erosion and
Sediment Control Act, N.J.S.A. 4:24-39 et seq., and implementing rules.
[2]
The minimum design and performance standards
for groundwater recharge are as follows:
[a]
The design engineer shall, using the assumptions and factors for stormwater runoff and groundwater recharge calculations at Subsection E, either:
[i]
Demonstrate through hydrologic
and hydraulic analysis that the site and its stormwater management
measures maintain 100% of the average annual preconstruction groundwater
recharge volume for the site; or
[ii]
Demonstrate through hydrologic
and hydraulic analysis that the increase of stormwater runoff volume
from preconstruction to postconstruction for the two-year storm is
infiltrated.
[b]
This groundwater recharge requirement
does not apply to projects within the urban redevelopment area, or
to projects subject to Subsection D(6)(a)[2][c] below.
[c]
The following types of stormwater
shall not be recharged:
[i]
Stormwater from areas of high pollutant
loading. High pollutant loading areas are areas in industrial and
commercial developments where solvents and/or petroleum products are
loaded/unloaded, stored, or applied, areas where pesticides are loaded/unloaded
or stored; areas where hazardous materials are expected to be present
in greater than reportable quantities, as defined by the United States
Environmental Protection Agency (EPA) at 40 CFR 302.4; areas where
recharge would be inconsistent with Department-approved remedial action
work plan or landfill closure plan and areas with high risks for spills
of toxic materials, such as gas stations and vehicle maintenance facilities;
and
[ii]
Industrial stormwater exposed
to source material. "Source material" means any material(s) or machinery,
located at an industrial facility that is directly or indirectly related
to process, manufacturing or other industrial activities, which could
be a source of pollutants in any industrial stormwater discharge to
groundwater. Source materials include, but are not limited to, raw
materials; intermediate products; final products; waste materials;
byproducts; industrial machinery and fuels, and lubricants, solvents,
and detergents that are related to process, manufacturing, or other
industrial activities that are exposed to stormwater.
[d]
The design engineer shall assess
the hydraulic impact on the groundwater table and design the site
so as to avoid adverse hydraulic impacts. Potential adverse hydraulic
impacts include, but are not limited to, exacerbating a naturally
or seasonally high-water table so as to cause surficial ponding, flooding
of basements, or interference with the proper operation of subsurface
sewage disposal systems and other subsurface structures in the vicinity
or downgradient of the groundwater recharge area.
[3]
In order to control stormwater runoff quantity impacts, the design engineer shall, using the assumptions and factors for stormwater runoff calculations at Subsection E, complete one of the following:
[a]
Demonstrate through hydrologic
and hydraulic analysis that for stormwater leaving the site, postconstruction
runoff hydrographs for the two-, ten-, and one-hundred-year storm
events do not exceed, at any point in time, the preconstruction runoff
hydrographs for the same storm events;
[b]
Demonstrate through hydrologic
and hydraulic analysis that there is no increase, as compared to the
preconstruction condition, in the peak runoff rates of stormwater
leaving the site for the two-, ten-, and one-hundred-year storm events
and that the increased volume or change in timing of stormwater runoff
will not increase flood damage at or downstream of the site. This
analysis shall include the analysis of impacts of existing land uses
and projected land uses assuming full development under existing zoning
and land use ordinances in the drainage area;
[c]
Design stormwater management measures
so that the postconstruction peak runoff rates for the two-, ten-
and one-hundred-year storm events are 50%, 75% and 80%, respectively,
of the preconstruction peak runoff rates. The percentages apply only
to the postconstruction stormwater runoff that is attributable to
the portion of the site on which the proposed development or project
is to be constructed. The percentages shall not be applied to postconstruction
stormwater runoff into tidal flood hazard areas if the increased volume
of stormwater runoff will not increase flood damages below the point
of discharge; or
[d]
In tidal flood hazard areas, stormwater
runoff quantity analysis in accordance with Subsection D(6)(a)[2][a],
[b], and [c] above shall only be applied if the increased volume of
stormwater runoff could increase flood damages below the point of
discharge.
(b)
Any application for a new agricultural development that meets the definition of major development at Subsection B shall be submitted to the appropriate Soil Conservation District for review and approval in accordance with the requirements of this section and any applicable Soil Conservation District guidelines for stormwater runoff quantity and erosion control. For the purposes of this section, "agricultural development" means land uses normally associated with the production of food, fiber and livestock for sale. Such uses do not include the development of land for the processing or sale of food and the manufacturing of agriculturally related products.
(7)
Stormwater runoff quality standards.
(a)
Stormwater management measures shall be designed
to reduce the postconstruction load of total suspended solids (TSS)
in stormwater runoff by 80% of the anticipated load from the developed
site, expressed as an annual average. Stormwater management measures
shall only be required for water quality control if an additional
1/4 acre of impervious surface is being proposed on a development
site. The requirement to reduce TSS does not apply to any stormwater
runoff in a discharge regulated under a numeric effluent limitation
for TSS imposed under the New Jersey Pollution Discharge Elimination
System (NJPDES) rules, N.J.A.C. 7:14A, or in a discharge specifically
exempt under a NJPDES permit from this requirement. The water quality
design storm is 1.25 inches of rainfall in two hours. Water quality
calculations shall take into account the distribution of rain from
the water quality design storm, as reflected in Table 1. The calculation
of the volume of runoff may take into account the implementation of
nonstructural and structural stormwater management measures.
Table 1: Water Quality Design Storm Distribution
| ||||
---|---|---|---|---|
Time
(minutes)
|
Cumulative
Rainfall
(inches)
|
Time
(minutes)
|
Cumulative
Rainfall
(inches)
| |
0
|
0.0000
|
65
|
0.8917
| |
5
|
0.0083
|
70
|
0.9917
| |
10
|
0.0166
|
75
|
1.0500
| |
15
|
0.0250
|
80
|
1.0840
| |
20
|
0.0500
|
85
|
1.1170
| |
25
|
0.0750
|
90
|
1.1500
| |
30
|
0.1000
|
95
|
1.1750
| |
35
|
0.1330
|
100
|
1.2000
| |
40
|
0.1660
|
105
|
1.2250
| |
45
|
0.2000
|
110
|
1.2334
| |
50
|
0.2583
|
115
|
1.2417
| |
55
|
0.3583
|
120
|
1.2500
| |
60
|
0.6250
|
(b)
For purposes of TSS reduction calculations, Table 2 below presents the presumed removal rates for certain BMPs designed in accordance with the New Jersey Stormwater Best Management Practices Manual. The BMP Manual may be obtained from the address identified in Subsection G, or found on the Department's website at www.njstormwater.org. The BMP Manual and other sources of technical guidance are listed in Subsection G. TSS reduction shall be calculated based on the removal rates for the BMPs in Table 2 below. Alternative removal rates and methods of calculating removal rates may be used if the design engineer provides documentation demonstrating the capability of these alternative rates and methods to the review agency. A copy of any approved alternative rate or method of calculating the removal rate shall be provided to the Department at the following address: Division of Watershed Management, New Jersey Department of Environmental Protection, PO Box 418, Trenton, New Jersey, 08625-0418.
(c)
If more than one BMP in series is necessary
to achieve the required 80% TSS reduction for a site, the applicant
shall utilize the following formula to calculate TSS reduction:
R = A + B - (AXB)/100
| |
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
|
Table 2: TSS Removal Rates for BMPs
| ||
---|---|---|
Best Management Practice
|
TSS Percent Removal Rate
| |
Bioretention systems
|
90
| |
Constructed stormwater wetland
|
90
| |
Extended detention basin
|
40-60
| |
Infiltration structure
|
80
| |
Manufactured treatment device
|
See Subsection F(3)
| |
Sand filter
|
80
| |
Vegetative filter strip
|
60-80
| |
Wet pond
|
50-90
|
(d)
If there is more than one on-site drainage area,
the 80% TSS removal rate shall apply to each drainage area, unless
the runoff from the subareas converge on site in which case the removal
rate can be demonstrated through a calculation using a weighted average.
(e)
Stormwater management measures shall also be designed to reduce, to the maximum extent feasible, the postconstruction nutrient load of the anticipated load from the developed site in stormwater runoff generated from the water quality design storm. In achieving reduction of nutrients to the maximum extent feasible, the design of the site shall include nonstructural strategies and structural measures that optimize nutrient removal while still achieving the performance standards in Subsection D(6) and (7).
(f)
Additional information and examples are contained in the New Jersey Stormwater Best Management Practices Manual, which may be obtained from the address identified in Subsection G.
(g)
In accordance with the definition of "FW1" at
N.J.A.C. 7:9B-1.4, stormwater management measures shall be designed
to prevent any increase in stormwater runoff to waters classified
as FW1.
(h)
Special water resource protection areas shall
be established along all waters designated Category One at N.J.A.C.
7:9B, and perennial or intermittent streams that drain into or upstream
of the Category One waters as shown on the USGS Quadrangle Maps or
in the County Soil Surveys, within the associated HUC14 drainage area.
These areas shall be established for the protection of water quality,
aesthetic value, exceptional ecological significance, exceptional
recreational significance, exceptional water supply significance,
and exceptional fisheries significance of those established Category
One waters. These areas shall be designated and protected as follows:
[1]
The applicant shall preserve and maintain a
special water resource protection area in accordance with one of the
following:
[a]
A three-hundred-foot special water
resource protection area shall be provided on each side of the waterway,
measured perpendicular to the waterway from the top of the bank outwards
or from the centerline of the waterway where the bank is not defined,
consisting of existing vegetation or vegetation allowed to follow
natural succession is provided.
[b]
Encroachment within the designated
special water resource protection area under Subsection D(7)(h)[1][a]
shall only be allowed where previous development or disturbance has
occurred (for example, active agricultural use, parking area or maintained
lawn area). The encroachment shall only be allowed where applicant
demonstrates that the functional value and overall condition of the
special water resource protection area will be maintained to the maximum
extent practicable. In no case shall the remaining special water resource
protection area be reduced to less than 150 feet as measured perpendicular
to the top of bank of the waterway or centerline of the waterway where
the bank is undefined. All encroachments proposed under this subsection
shall be subject to review and approval by the Department.
[2]
All stormwater shall be discharged outside of
and flow through the special water resource protection area and shall
comply with the Standard for Off-Site Stability in the "Standards
For Soil Erosion and Sediment Control in New Jersey," established
under the Soil Erosion and Sediment Control Act, N.J.S.A. 4:24-39
et seq.
[3]
If stormwater discharged outside of and flowing
through the special water resource protection area cannot comply with
the Standard for Off-Site Stability in the "Standards for Soil Erosion
and Sediment Control in New Jersey," established under the Soil Erosion
and Sediment Control Act, N.J.S.A. 4:24-39 et seq., then the stabilization
measures in accordance with the requirements of the above standards
may be placed within the special water resource protection area, provided
that:
[a]
Stabilization measures shall not
be placed within 150 feet of the Category One waterway;
[b]
Stormwater associated with discharges
allowed by this section shall achieve a 95% TSS postconstruction removal
rate;
[c]
Temperature shall be addressed
to ensure no impact on the receiving waterway;
[d]
The encroachment shall only be
allowed where the applicant demonstrates that the functional value
and overall condition of the special water resource protection area
will be maintained to the maximum extent practicable;
[e]
A conceptual project design meeting
shall be held with the appropriate Department staff and Soil Conservation
District staff to identify necessary stabilization measures; and
[f]
All encroachments proposed under
this section shall be subject to review and approval by the Department.
[4]
A stream corridor protection plan may be developed by a regional stormwater management planning committee as an element of a regional stormwater management plan, or by a municipality through an adopted municipal stormwater management plan. If a stream corridor protection plan for a waterway subject to Subsection D(7)(h) has been approved by the Department of Environmental Protection, then the provisions of the plan shall be the applicable special water resource protection area requirements for that waterway. A stream corridor protection plan for a waterway subject to Subsection D(7)(h) shall maintain or enhance the current functional value and overall condition of the special water resource protection area as defined in Subsection D(7)(h)[1][a] above. In no case shall a stream corridor protection plan allow the reduction of the special water resource protection area to less than 150 feet as measured perpendicular to the waterway subject to this subsection.
[5]
Subsection D(7)(h) does not apply to the construction of one individual single-family dwelling that is not part of a larger development on a lot receiving preliminary or final subdivision approval on or before February 2, 2004, provided that the construction begins on or before February 2, 2009.
[6]
The following watercourses in the Borough of
Alpine have been identified as Category One watercourses; Cresskill
Brook, Demarest Brook, Anderson Brook, Dwars Kill Brook, and Sparkill
Brook.
E.
Calculation of stormwater runoff and groundwater recharge.
(1)
Stormwater runoff shall be calculated in accordance
with the following:
(a)
The design engineer shall calculate runoff using
one of the following methods:
[1]
The USDA Natural Resources Conservation Service
(NRCS) methodology, including the NRCS Runoff Equation and Dimensionless
Unit Hydrograph, as described in the NRCS National Engineering Handbook
Section 4 — Hydrology and Technical Release 55 — Urban
Hydrology for Small Watersheds; or
[2]
The Rational Method for peak flow and the Modified
Rational Method for hydrograph computations.
(b)
For the purpose of calculating runoff coefficients and groundwater recharge, there is a presumption that the preconstruction condition of a site or portion thereof is a wooded land use with good hydrologic condition. The term "runoff coefficient" applies to both the NRCS methodology at Subsection E(1)(a)[1] and the Rational and Modified Rational Methods at Subsection E(1)(a)[2]. A runoff coefficient or a groundwater recharge land cover for an existing condition may be used on all or a portion of the site if the design engineer verifies that the hydrologic condition has existed on the site or portion of the site for at least five years without interruption prior to the time of application. If more than one land cover have existed on the site during the five years immediately prior to the time of application, the land cover with the lowest runoff potential shall be used for the computations. In addition, there is the presumption that the site is in good hydrologic condition (if the land use type is pasture, lawn, or park), with good cover (if the land use type is woods), or with good hydrologic condition and conservation treatment (if the land use type is cultivation).
(c)
In computing preconstruction stormwater runoff,
the design engineer shall account for all significant land features
and structures, such as ponds, wetlands, depressions, hedgerows, or
culverts that may reduce preconstruction stormwater runoff rates and
volumes.
(d)
In computing stormwater runoff from all design
storms, the design engineer shall consider the relative stormwater
runoff rates and/or volumes of pervious and impervious surfaces separately
to accurately compute the rates and volume of stormwater runoff from
the site. To calculate runoff from unconnected impervious cover, urban
impervious area modifications as described in the NRCS Technical Release
55 - Urban Hydrology for Small Watersheds and other methods may be
employed.
(e)
If the invert of the outlet structure of a stormwater
management measure is below the flood hazard design flood elevation
as defined at N.J.A.C. 7:13, the design engineer shall take into account
the effects of tailwater in the design of structural stormwater management
measures.
(2)
Groundwater recharge may be calculated in accordance
with the following: The New Jersey Geological Survey Report GSR-32
A Method for Evaluating Ground-Water Recharge Areas in New Jersey,
incorporated herein by reference as amended and supplemented. Information
regarding the methodology is available from the New Jersey Stormwater
Best Management Practices Manual; at http://www.state.nj.us/dep/njgs/;
or at New Jersey Geological Survey, 29 Arctic Parkway, P.O. Box 427,
Trenton, New Jersey 08625-0427; (609) 984-6587.
F.
Standards for structural stormwater management measures.
(1)
Standards for structural stormwater management measures
are as follows:
(a)
Structural stormwater management measures shall
be designed to take into account the existing site conditions, including,
for example, environmentally critical areas, wetlands; flood-prone
areas; slopes; depth to seasonal high-water table; soil type, permeability
and texture; drainage area and drainage patterns; and the presence
of solution-prone carbonate rocks (limestone).
(b)
Structural stormwater management measures shall be designed to minimize maintenance, facilitate maintenance and repairs, and ensure proper functioning. Trash racks shall be installed at the intake to the outlet structure as appropriate, and shall have parallel bars with one-inch spacing between the bars to the elevation of the water quality design storm. For elevations higher than the water quality design storm, the parallel bars at the outlet structure shall be spaced no greater than 1/3 the width of the diameter of the orifice or 1/3 the width of the weir, with a minimum spacing between bars of one-inch and a maximum spacing between bars of six inches. In addition, the design of trash racks must comply with the requirements of Subsection H(2).
(c)
Structural 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, 7.4, and 7.5 shall be deemed to meet this requirement.
(d)
At the intake to the outlet from the stormwater
management basin, the orifice size shall be a minimum of 2 1/2 inches
in diameter.
(2)
Stormwater management measure guidelines are available in the New Jersey Stormwater Best Management Practices Manual. Other stormwater management measures may be utilized provided the design engineer demonstrates that the proposed measure and its design will accomplish the required water quantity, groundwater recharge and water quality design and performance standards established by Subsection D of this section.
G.
Sources for technical guidance.
(1)
Technical guidance for stormwater management measures can be found in the documents listed at Subsection G(1)(a) and (b) below, which are available from Maps and Publications, New Jersey Department of Environmental Protection, 428 East State Street, P.O. Box 420, Trenton, New Jersey 08625; telephone (609) 777-1038.
(a)
Guidelines for stormwater management measures
are contained in the New Jersey Stormwater Best Management Practices
Manual, as amended. Information is provided on stormwater management
measures such as: bioretention systems, constructed stormwater wetlands,
dry wells, extended detention basins, infiltration structures, manufactured
treatment devices, pervious paving, sand filters, vegetative filter
strips, and wet ponds.
(b)
The New Jersey Department of Environmental Protection
Stormwater Management Facilities Maintenance Manual, as amended.
(2)
Additional technical guidance for stormwater management
measures can be obtained from the following:
(a)
The "Standards for Soil Erosion and Sediment
Control in New Jersey" promulgated by the State Soil Conservation
Committee and incorporated into N.J.A.C. 2:90. Copies of these standards
may be obtained by contacting the State Soil Conservation Committee
or any of the Soil Conservation Districts listed in N.J.A.C. 2:90-1.3(a)4.
The location, address, and telephone number of each Soil Conservation
District may be obtained from the State Soil Conservation Committee,
P.O. Box 330, Trenton, New Jersey 08625; (609) 292-5540;
(b)
The Rutgers Cooperative Extension Service, 732-932-9306;
and
(c)
The Soil Conservation Districts listed in N.J.A.C.
2:90-1.3(a)4. The location, address, and telephone number of each
Soil Conservation District may be obtained from the State Soil Conservation
Committee, P.O. Box 330, Trenton, New Jersey 08625, (609) 292-5540.
H.
Safety standards for stormwater management basins.
(1)
This section sets forth requirements to protect public
safety through the proper design and operation of stormwater management
basins. This section applies to any new stormwater management basin.
(2)
Requirements for trash racks, overflow grates and
escape provisions.
(a)
A trash rack is a device designed to catch trash
and debris and prevent the clogging of outlet structures. Trash racks
shall be installed at the intake to the outlet from the stormwater
management basin to ensure proper functioning of the basin outlets
in accordance with the following:
[1]
The trash rack shall have parallel bars, with
no greater than six-inch spacing between the bars.
[2]
The trash rack shall be designed so as not to
adversely affect the hydraulic performance of the outlet pipe or structure.
[3]
The average velocity of flow through a clean
trash rack is not to exceed 2.5 feet per second under the full range
of stage and discharge. Velocity is to be computed on the basis of
the net area of opening through the rack.
[4]
The trash rack shall be constructed and installed
to be rigid, durable, and corrosion resistant, and shall be designed
to withstand a perpendicular live loading of 300 pounds per square
foot.
(b)
An overflow grate is designed to prevent obstruction
of the overflow structure. If an outlet structure has an overflow
grate, such grate shall meet the following requirements:
[1]
The overflow grate shall be secured to the outlet
structure but removable for emergencies and maintenance.
[2]
The overflow grate spacing shall be no less
than two inches across the smallest dimension.
[3]
The overflow grate shall be constructed and
installed to be rigid, durable, and corrosion resistant, and shall
be designed to withstand a perpendicular live loading of 300 pounds
per square foot.
(c)
For purposes of this Subsection H(2)(c), “escape provisions” means the permanent installation of ladders, steps, rungs, or other features that provide easily accessible means of egress from stormwater management basins. Stormwater management basins shall include escape provisions as follows:
[1]
If a stormwater management basin has an outlet structure, escape provisions shall be incorporated in or on the structure. With the prior approval of the reviewing agency identified in Subsection H(3), a freestanding outlet structure may be exempted from this requirement.
[2]
Safety ledges shall be constructed on the slopes of all new stormwater management basins having a permanent pool of water deeper than 2 1/2 feet. Such safety ledges shall be comprised of two steps. Each step shall be four to six feet in width. One step shall be located approximately 2 1/2 feet below the permanent water surface, and the second step shall be located one to 1 1/2 feet above the permanent water surface. See Subsection H(4) for an illustration of safety ledges in a stormwater management basin.
[3]
In new stormwater management basins, the maximum
interior slope for an earthen dam, embankment, or berm shall not be
steeper than 3 horizontal to 1 vertical.
(3)
Variance or exemption from safety standards. A variance
or exemption from the safety standards for stormwater management basins
may be granted only upon a written finding by the appropriate reviewing
agency (municipality, county or Department) that the variance or exemption
will not constitute a threat to public safety.
I.
Requirements for a site development stormwater plan.
(1)
Submission of site development stormwater plan.
(a)
Whenever an applicant seeks municipal approval of a development subject to this section, the applicant shall submit all of the required components of the Checklist for the Site Development Stormwater Plan at Subsection I(3) below as part of the submission of the applicant's application for subdivision or site plan approval. These requirements shall be in addition to the requirements specified under Borough Ordinance No. 583 ("Checklist Ordinance").
(b)
The applicant shall demonstrate that the project
meets the standards set forth in this section.
(2)
Site development stormwater plan approval. The applicant's
site development project shall be reviewed as a part of the subdivision
or site plan review process by the municipal board or official from
which 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 of the checklist requirements
have been satisfied and to determine if the project meets the standards
set forth in this section.
(3)
Checklist requirements. The following information
shall be required:
(a)
Topographic base map. The reviewing engineer
may require upstream tributary drainage system information as necessary.
It is recommended that the topographic base map of the site be submitted
which extends a minimum of 200 feet beyond the limits of the proposed
development, at a scale of one inch equals 200 feet or greater, showing
two-foot contour intervals. The map as appropriate may indicate the
following: existing surface water drainage, shorelines, steep slopes,
soils, erodible soils, perennial or intermittent streams that drain
into or upstream of the Category One waters, wetlands and floodplains
along with their appropriate buffer strips, marshlands and other wetlands,
pervious or vegetative surfaces, existing man-made structures, roads,
bearing and distances of property lines, and significant natural and
manmade features not otherwise shown.
(b)
Environmental site analysis. A written and graphic
description of the natural and man-made features of the site and its
environs. This description should include a discussion of soil conditions,
slopes, wetlands, waterways and vegetation on the site. Particular
attention should be given to unique, unusual, or environmentally sensitive
features and to those that provide particular opportunities or constraints
for development.
(c)
Project description and site plan(s). A map
(or maps) at the scale of the topographical base map indicating the
location of existing and proposed buildings, roads, parking areas,
utilities, structural facilities for stormwater management and sediment
control, and other permanent structures. The map(s) shall also clearly
show areas where alterations occur in the natural terrain and cover,
including lawns and other landscaping, and seasonal high ground water
elevations. A written description of the site plan and justification
of proposed changes in natural conditions may also be provided.
(d)
Land use planning and source control plan. This plan shall provide a demonstration of how the goals and standards of Subsection C through F are being met. The focus of this plan shall be to describe how the site is being developed to meet the objective of controlling potential groundwater recharge, stormwater quality and stormwater quantity problems at the source by land management and source controls whenever possible.
(e)
Stormwater management facilities map. The following
information, illustrated on a map of the same scale as the topographic
base map, shall be included:
[1]
Total area to be paved or built upon, proposed
surface contours, land area to be occupied by the stormwater management
facilities and the type of vegetation thereon, and details of the
proposed plan to control and dispose of stormwater.
[2]
Details of all stormwater management facility
designs, during and after construction, including discharge provisions,
discharge capacity for each outlet at different levels of detention
and emergency spillway provisions with maximum discharge capacity
of each spillway.
(f)
Calculations.
[1]
Comprehensive hydrologic and hydraulic design calculations for the pre-development and post-development conditions for the design storms specified in Subsection D of this section.
[2]
When the proposed stormwater management control
measures (e.g., infiltration basins) depend on the hydrologic properties
of soils, then a soils report shall be submitted. The soils report
shall be based on on-site boring logs or soil pit profiles. The number
and location of required soil borings or soil pits shall be determined
based on what is needed to determine the suitability and distribution
of soils present at the location of the control measure.
(g)
Maintenance and repair plan. The design and planning of the stormwater management facility shall meet the maintenance requirements of Subsection J.
(h)
Waiver from submission requirements. The municipal official or board reviewing an application under this section may, in consultation with the Municipal Engineer, waive submission of any of the requirements in Subsection I(3)(a) through (f) of this section when it can be demonstrated that the information requested is impossible to obtain or it would create a hardship on the applicant to obtain and its absence will not materially affect the review process.
J.
Maintenance and repair.
(2)
General maintenance.
(a)
The design engineer shall prepare a maintenance
plan for the stormwater management measures incorporated into the
design of a major development.
(b)
The maintenance plan shall contain specific
preventative maintenance tasks and schedules; cost estimates, including
estimated cost of sediment, debris, or trash removal; and the name,
address, and telephone number of the person or persons responsible
for preventative and corrective maintenance (including replacement).
Maintenance guidelines for stormwater management measures are available
in the New Jersey Stormwater Best Management Practices Manual. If
the maintenance plan identifies a person other than the developer
(for example, a public agency or homeowners' association) as having
the responsibility for maintenance, the plan shall include documentation
of such person's agreement to assume this responsibility, or of the
developer's obligation to dedicate a stormwater management facility
to such person under an applicable ordinance or regulation.
(c)
Responsibility for maintenance shall not be
assigned or transferred to the owner or tenant of an individual property
in a residential development or project, unless such owner or tenant
owns or leases the entire residential development or project.
(d)
If the person responsible for maintenance identified under Subsection J(2)(b) above is not a public agency, the maintenance plan and any future revisions based on Subsection J(2)(g) below shall be recorded upon the deed of record for each property on which the maintenance described in the maintenance plan must be undertaken.
(e)
Preventative and corrective maintenance shall
be performed to maintain the function of the stormwater management
measure, including repairs or replacement to the structure; removal
of sediment, debris, or trash; restoration of eroded areas; snow and
ice removal; fence repair or replacement; restoration of vegetation;
and repair or replacement of nonvegetated linings.
(f)
The person responsible for maintenance identified under Subsection J(2)(b) above shall maintain a detailed log of all preventative and corrective maintenance for the structural stormwater management measures incorporated into the design of the development, including a record of all inspections and copies of all maintenance-related work orders.
(g)
The person responsible for maintenance identified under Subsection J(2)(b) above shall evaluate the effectiveness of the maintenance plan at least once per year and adjust the plan and the deed as needed.
(h)
The person responsible for maintenance identified under Subsection J(2)(b) above shall retain and make available, upon request by any public entity with administrative, health, environmental, or safety authority over the site, the maintenance plan and the documentation required by Subsection J(2)(f) and (g) above.
(j)
In the event that the stormwater management
facility becomes a danger to public safety or public health, or if
it is in need of maintenance or repair, the municipality shall so
notify the responsible person in writing. Upon receipt of that notice,
the responsible person shall have 14 days to effect maintenance and
repair of the facility in a manner that is approved by the municipal
engineer or his designee. The municipality, in its discretion, may
extend the time allowed for effecting maintenance and repair for good
cause. If the responsible person fails or refuses to perform such
maintenance and repair, the municipality or county may immediately
proceed to do so and shall bill the cost thereof to the responsible
person.
(3)
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.
K.
Violations and penalties. Any person who erects, constructs,
alters, repairs, converts, maintains, or uses any building, structure
or land in violation of this section shall be subject to up to the
maximum penalty prescribed by law.
L.
When effective. This section shall take effect immediately
upon the approval by the county review agency, or 60 days from the
receipt of the ordinance by the county review agency if the county
review agency should fail to act.
[Amended by Ord. No. 380; Ord. No. 414]
A.
Site plan submissions shall be accompanied by a deposit
to cover the cost of review services provided by the Borough Engineer,
planning consultant, Borough Attorney, Planning Board attorney and
other Borough personnel, the publication of notices and other required
expenses. The Borough Clerk shall place the deposit in a trust account
in the name of the applicant and shall charge thereto all disbursements
to professional consultants and Borough personnel for review services.
The amount of the deposit shall be determined as follows:
B.
Any unused portion of the deposit shall be returned
to the applicant. If the cost of review services exceeds the amount
of deposit, sufficient additional funds shall be deposited before
any approved site plan is returned to the applicant.
C.
The inspection fee deposit for the installation of
improvements shall be 2% of the improvement costs as estimated by
the Borough Engineer.
Failure to comply with any of the conditions
of site plan approval subsequent to the receipt of a building permit
or certificate of occupancy, as the case may be, shall be construed
to be a violation of this chapter and shall be grounds for revocation
of any building permit or certificate of occupancy, as the case may
be. Written notice of revocation sent by certified mail by the Building
Inspector, requiring compliance with the conditions of site plan approval
within a period of time of not less than five days, shall effectively
revoke any building permit or certificate of occupancy, as the case
may be, if compliance shall not be made within the time limit set.