A.
Except for minor site plan and minor subdivision the
developer shall guarantee the installation of the following improvements:
(1)
Grading;
(2)
Streets;
(3)
Gutters, curbs and sidewalks;
(4)
Streetlighting;
(5)
Street signs;
(6)
Landscaping and shade trees;
(7)
Utilities, including the installation of water mains
or other means of water supply, culverts, storm sewers, sanitary sewers,
or other means of sewage disposal, drainage structures, and all appurtenances
to such facilities properly connected with approved systems of water
supply, sewerage and stormwater drainage, as the case may be and adequate
to handle all present and probable future development;
(8)
Fire hydrants;
(9)
Monuments;
(10)
Sedimentation and erosion control practices;
and
(11)
Public improvements of open space.
B.
The installation of all improvements throughout the
development shall be in accordance with the provisions of this chapter
and subject to inspection by the Township Engineer. The cost of said
inspections by the Township Engineer shall be at the expense of the
developer, in accordance with the terms and provisions of an agreement
to be executed and delivered by the developer to the Township, prior
to approval of the final plat of the subdivision.
C.
Such improvements as required by this chapter, shall
take into consideration the characteristics of potential development
of various areas of the Township as reflected in the Master Plan and
zoning ordinances.
D.
The standards in this chapter shall be deemed to be
the minimum standards necessary for any particular subdivision in
the Township of Freehold. The Planning Board may waive or reduce any
and all requirements; provided, however, that such waivers or reductions
by the Planning Board shall be given only for special reasons by resolution
of the Planning Board, setting forth in such resolution that the waiver
or reduction of any requirements shall be in the best interest of
the Township of Freehold and for the general health, safety, and welfare
of the Township of Freehold. The Planning Board shall in no event
have the power or authority to waive or reduce the requirements relating
to utilities.
E.
When homestead houses, or more commonly referred to
as "farmhouses," or lots have been subdivided from a tract for which
approval is subsequently requested, the developer shall install the
improvements required in the surrounding subdivision in front of the
homestead lots previously approved as a minor subdivision.
F.
All improvements shall be installed in complete accordance
with current Township specifications and shall comply with all applicable
ordinances, county regulations, state laws and regulations, and shall
meet the following requirements.
A.
Grades and cross sections shall be such as to provide
for the disposal of stormwater and such groundwater seepage as may
be encountered, all in accordance with the plans therefor, approved
at the time of approval of the preliminary plat and as may be required
in the field by the Township Engineer as the work progresses.
B.
All construction stakes and grades thereon shall be
set by a licensed professional engineer or licensed land surveyor
employed by the developer.
B.
All underground utilities, drains or other facilities
located within the roadway portion of the street shall be installed
prior to the placing of any road surfacing material.
C.
All streets shall be constructed and graded and provided
with surfacing in keeping with the following standards and specifications:
1. Subgrades: All top soil shall be stripped from the proposed subgrade.
The subgrade, when completed, shall be true to the lines, grades and
cross sections given on the plan accompanying the road profile. The
subgrade for road construction shall be brought to a firm, unyielding
surface by rolling the entire area with an approved three wheel power
roller weighing not less than 10 tons. All soft and unyielding materials
and other portions of the subgrade which do not attain the required
stability or which will not compact readily where rolled or tamped
shall be removed. All loose rock or boulders found in the subgrade
earth excavation shall be removed or broken off to a depth of not
less than six inches below the surface of the subgrade. All holes
or depressions made by the removal of unstable material shall be refilled
with soil aggregate conforming to the requirements of the Department
of Transportation Standard Specifications for Road and Bridge Construction,
as amended, and the New Jersey Department of Transportation Supplemental
Specifications for Road and Bridge Construction, as amended, or as
directed by the Township Engineer. Where required by the Township
Engineer, a system of porous wall concrete pipe subsurface drain shall
be constructed beneath the surface of the paving and connected to
a suitable drainage system. Where, in the opinion of the Township
Engineer, subgrade conditions of proposed streets are wet, springy
or of such nature that surfacing would be inadequate without first
treating the subgrade, the minimum treatment of the subgrade shall
be made in the following manner; the street shall be excavated to
a minimum depth of 12 inches below the proposed finished subgrade
elevation. Soil aggregate and material shall be installed to replace
unsuitable subgrade materials and shall be installed in six-inch layers
measured after compaction. The subbase for road construction shall
be brought to a firm, unyielding surface by rolling the entire area
with an approved three wheel power roller weighing not less than 10
tons. All soft and yielding material and other portions of the subgrade
which do not attain the required stability or will not compact readily
when rolled or tamped shall be removed. All loose rock or boulders
found in the earth excavation shall be removed or broken off to a
depth of not less than six inches below the surface of the subgrade.
All holes or depressions made by the removal of material shall be
refilled with suitable material and the whole surface compacted uniformly.
When subbase material is needed to replace unsuitable subgrade materials,
it shall consist of: field stone not more than five inches in the
largest dimension; steam cinders; crushed rock or slag, varying in
size from one to three inches in diameter; sand; or gravel.[2]
D.
Where, in the opinion of the Township Engineer subbase
conditions of proposed streets are wet, springy or of such nature
that surfacing would be inadequate without first treating the subbase,
the minimum treatment of the subbase shall be made in the following
manner: The street shall be excavated to a minimum depth of 12 inches
below the proposed finished elevation. Sand, gravel or crushed stone
shall be placed to a depth which, after thorough rolling, shall be
not more than a six-inch layer.
E.
The minimum requirements for the construction of any
street shall be: a) six inches thick of one-and-one-half-inch dense
graded aggregate base course; b) three inches of bituminous concrete
stabilized base course, NJDOT Mix I-2; c) 1 1/2 inches of bituminous
concrete surface course, NJDOT Mix I-5. For roadways 40 feet or greater
the minimum requirements shall be: a) six-inch thick dense graded
aggregate base course; b) six inches bituminous concrete stabilized
base course, NJDOT Mix I-2; c) two inches of bituminous concrete surface
course, NJDOT Mix I-5. In lieu of six inches dense graded aggregate
base course, six inches thick recycled concrete conforming to NJDOT
standards may be used. All bituminous concrete shall be laid with
a self-propelled paving machine approved by the Township Engineer.
F.
Any road repair shall be done with bituminous concrete
NJDOT Mix I-5 and sealed unless directed otherwise by the Township
Engineer.
G.
Embankments (fills). Fill for subgrade shall be placed
in layers not more than six inches thick and subgrade on grade shall
be compacted by one of the following alternative types of equipment
and number of passes each:
(1)
Smooth-faced power rollers, either solid surface or
pad type, weighing not less than 10 tons and having a load of not
less than 330 pounds per square inch of width of roller surface when
all wheels are in contact with a level surface. The load requirements
for solid surface rollers apply to the rear wheels. There shall be
a minimum of four passes per layer. A pass is defined as one passage
of a compacting wheel over the entire surface of the layer.
(2)
Pneumatic tire rollers having a load of not less than
225 pounds per square inch of width of tire surface in contact with
the ground, with the tires on the front and rear axles staggered with
respect to each other so that they cover the entire strip over which
the roller travels. There shall be a minimum of five passes per layer.
A pass is defined as one passage of one tire over the entire surface
of the layer.
(3)
Tamping type or sheepsfoot roller, each unit of which
shall consist of one or more cylindrical sections having studs or
feet projecting not less than 6 1/2 inches from the surface of
the drums, and developing a load of not less than 200 pounds per square
inch of bearing surface when a complete row of tampers is in contact
with a level surface. There shall be a minimum of eight passes per
layer. A pass is defined as one passage of such a unit over the entire
surface of the layer.
(4)
Fifty-ton compactor. A pneumatic tire-type roller
capable of being loaded in increments to a gross weight of 50 tons.
The tires shall be spaced so that the clear width between adjacent
tire treads on the same axle shall be not more than the width of the
tire. When operating at a gross weight of 50 tons, the tire inflation
shall be not less than 90 pounds per square inch and the load on each
tire shall be not less than 25,000 pounds. There shall be a minimum
of five passes per layer by the compactor loaded to a gross weight
of not less than 50 tons. A pass is defined as one passage of a wheel
of the compactor over the entire surface of the layer.
(5)
Dynamic compactor.
(a)
A vibratory compactor, acceptable to the engineer,
capable of operating at the optimum frequency of vibration required
for the size and type of the compactor in use and the material being
compacted. There shall be not less than two and not more than five
passes per layer and the actual number, within this range, shall be
as directed by the Township Engineer depending upon the type of material
being compacted. A pass is defined as one passage of the vibrating
unit over the entire surface of the layer.
(b)
If the embankment material be sand, or sand
and gravel, pneumatic tire rollers or dynamic compactors shall be
used as specified in Subsection F(1), (2) or (5) above. If the embankment
material be other than sand, or sand and gravel, three-wheel rollers,
tamping-type rollers, or pneumatic tire rollers shall be used as specified
in Subsection F(1), (2), (3) or (4) above. The compacting effect of
equipment other than as specified in the foregoing requirements will
not be considered as part of the required compaction when the rolling
or vibrating method is specified to be used.
(c)
Where the conditions are such that access with
compacting equipment specified above is not possible the embankment
shall be placed in six-inch layers and shall be compacted to a density
of not less than 95%.
H.
Underdrains. French underdrains shall be installed
where the character and composition of the roadbed itself or adjacent
terrain renders such installation necessary, in the opinion of the
Township Engineer. These underdrains shall consist of perforated metal
pipe or porous wall concrete pipe to be a minimum diameter of six
inches and to be laid in the bottom of a trench at such depth and
width as shall be necessary in view of the conditions involved. The
joints of the pipe shall be left open and covered with salt hay or
burlap and the pipes laid with the hub upgrade. The trench shall then
be filled with clean washed gravel or broken stone or other equivalent
material approved by the Township Engineer. The stone shall be covered
with a layer of salt hay a minimum of one inch thick, and the remainder
of the trench filled with suitable earth properly compacted.
I.
Storm drains; cross drains (pipe culverts).
(1)
These drains or culverts shall consist of sections
of reinforced concrete pipe. All pipe shall comply with the requirements
of the current New Jersey State Highway Department Standard Specifications
governing materials and unless otherwise specified, Class 3-Wall B
shall be used for standard strength when installed off streets and
Class 4-Wall B shall be used for extra-strength reinforced concrete
culvert when installed in streets. Minimum diameter (pipe) shall be
15 inches for cross drains and 18 inches for main runs.
(2)
Culverts or drains shall be constructed as specified
hereinbelow. The location, length, depth, grade, type and size of
pipe therefor shall be designated on the plans indicated herein except
where unusual or exceptional soil or other conditions are discovered
at the time of construction, which are not provided for in the plans,
in which case such construction shall be as the circumstances shall
demand as determined by the Township Engineer. Trenches shall be bridged
at all street crossings, intersecting streets, public and private
entrances in such a manner that traffic will not be interrupted.
(3)
The contractor shall have a sufficient quantity of
timber and plank constantly on hand for planking, sheet piling, fencing
or shoring; also, adequate pumping apparatus to meet all requirements
of construction for use in case of accident or emergency.
(4)
All trenches for culverts or drains shall be excavated
at least 12 inches wider than the external diameter of the pipe to
be used therein.
(5)
When rock is encountered it shall be removed to at
least six inches below the grade line, the trench then being filled
with earth to the grade and form of the pipe and thoroughly tamped.
(6)
The pipe shall be laid on a firm bed and the bottom
of the trench shall be excavated to the line and grade given or directed
by the Township Engineer. The bottom of the excavation shall have
the shape and dimensions of the lower half of the pipe, the earth
underneath being excavated sufficient to admit the bell. When rock
is encountered and removed from the trench as specified, this excess
depth shall be refilled with suitable materials and tamped thoroughly.
(7)
The pipe shall be laid with the hubs upgrade, spigot
ends fully entered into the adjacent hub, and true to line and grade.
All joints shall be filled with a cement mortar unless unusual or
exceptional conditions shall require otherwise as determined by the
Township Engineer. Such cement shall be composed of one part of portland
cement and two parts of approved clean sand, mixed with sufficient
water to form a plaster mortar.
(8)
The filling around the pipe shall be made in layers
with approved materials free from rock, and each layer shall be tamped
thoroughly around and over; the trench shall then be filled with subsequent
layers of not over one foot in depth thoroughly tamped, and if ordered
by the Township Engineer, when the filling is within one foot of the
top of the trench, it shall be flooded with water.
(9)
Where indicated or directed, old pipe culverts shall
be removed and relaid, extended or renewed in the same manner as specified
above for new pipe culverts or drains.
(10)
Easement of width sufficient to allow proper
maintenance, not less than 25 feet shall be provided for the outletting
of all drains, pipe lines, and the like to streams, existing storm
drains, or other approved drainage courses.
(a)
The easements contemplated herein shall be by
way of grant to the Township in writing, duly acknowledged before
a person authorized to take oaths pursuant to statute made and provided
in order that such grant of easement, that it can be recorded in the
Monmouth County Clerk's office. The grant of easement shall be subject
to the approval of the Township Attorney as to form and substance.
(b)
The easement(s) shall also be noted on the plat
with the following typical language of transferal subject to approval
by the Township Attorney: Drainage easement(s), location as noted
in this plat, to the Township of Freehold for the purpose of maintaining
surface drainage and/or installing and maintaining surface and subsurface
drainage facilities; said easement is intended to be an uninterrupted
and unobstructed easement, under, across and over the area described,
consisting of the right to erect, construct, install, use, inspect,
repair, replace, remove, maintain, and preserve drainage facilities
of any kind, and any other appurtenances which are existing or proposed
on this site plan/subdivision plat and/or which may, in the opinion
of the Township of Freehold, become necessary in the future. Unless
otherwise agreed to in writing, the Township of Freehold shall, in
the event it disturbs any real estate improvements in the easement,
only be responsible for restoration of fencing and landscaping improvements,
excluding mature trees.
(11)
Conservation easements.
(a)
Where the Master Plan of the Township of Freehold
delineates conservation and drainage easements to protect streams
from siltation and adjoining banks from erosion, conservation easements
shall be furnished to the Township by the developer. The conservation
easement shall include the property between the drainage easement
as established on the Official Map and a line approximately parallel
to the top of the bank 25 feet distant back from it. This conservation
easement shall contain provisions to restrict the removal of trees
and ground cover except for the following purposes: the removal of
dead or diseased trees, thinning of trees and growth, and the removal
of trees to allow for structures designed to impound water or in areas
to be flooded in the creation of ponds or lakes.
(b)
The easements shall be set forth on the preliminary
and final plat and shown in such a manner that the boundaries thereof
can be accurately determined should the necessity arise. The boundary
line of the conservation easement shall be monumented at its intersection
with all existing or proposed street lines. Conservation easement(s)
deeds in a form sufficient for recording in the Monmouth County Clerk's
office shall be submitted to the Township Attorney and Township Engineer
for approval as to sufficiency and form and to the Township Committee
for approval and acceptance.
(c)
The easement(s) shall be noted on the plat with
the following typical language of transferal: Conservation easement,
location as noted on this plat, to the Township of Freehold for the
purpose of protecting streams from siltation and adjoining banks from
erosion; said easement is intended to be an uninterrupted and unobstructed
easement, under, across and over the area described, consisting of
the right to restrict the removal of trees and ground cover except
for the purposes of removing dead or diseased trees, thinning of trees
and growth, and the removal of trees to allow for structures designed
to impound water or in areas to be flooded in the creation of ponds
or lakes.
J.
Width of pavement. Pavement shall be installed from curb to curb on all proposed streets. On all existing roads abutting a development, pavement in accordance with Article X (§ 190-86 et seq.) shall be installed from edge of concrete curb to edge of curb or to the furthest edge of existing pavement. The junction between the existing and the proposed pavement shall be finished in a neat and workmanlike manner subject to the approval of the Township Engineer. If the developer owns property on both sides of an existing Township road, the subdivider or owner shall construct a full bituminous macadam pavement 10 1/2 inches in depth as specified in Article X (§ 190-86 et seq.) of this chapter from curbline to curbline or gutter line to gutter line on each street. If the developer owns property on one side of a street he shall pave all of that area within the public right-of-way from the middle of the street. If a development abuts an unimproved road (unpaved street), the developer shall improve same up to a point where it intersects an improved road. Roadway pavement widths shall have a constant width throughout any proposed new street; provided, however, on turns of approximately 90°, an additional six feet or more of paving may be required by the Township Engineer for purposes of snow removal and maintenance. New roadways shall not be developed with "bubble," "eyebrow" or "hairpin" configuration.
K.
Materials, inspection and general requirements.
(1)
All material and appurtenances, unless otherwise specified
herein, shall comply with the requirements set forth in the current
New Jersey State Highway Specifications.
(2)
When, in the opinion of the Township Engineer, materials
require testing, such materials shall be tested by an approved testing
laboratory at the expense of the property owner.
(3)
All work in respect to the improvements required to
be installed in the subdivided lands shall be subject to inspection
by the Township Engineer or his duly authorized representative. The
owner or developer shall notify the Township Engineer at least 48
hours prior to actual construction, in order that the Township Engineer
inspect the work as it progresses. Failure to so notify the Township
Engineer shall justify the Township Engineer to require such installation
to be uncovered or removed in order that the Township Engineer be
able to certify to the Township Committee that the work is in accordance
with the standards set forth in this chapter.
(4)
The standards insofar as this section of the chapter
is concerned shall be considered as minimum standards for street improvements.
Where special circumstances or conditions of terrain, character of
soil or otherwise require different construction or materials, such
construction or materials shall be in accordance with the requirements
as shall be determined by the Township Engineer.
L.
All streets in the development tract shall be properly
maintained by the owner or subdivider in good serviceable condition
satisfactory for normal vehicular traffic use, which maintenance shall
include snow removal service when necessary, until such streets are
accepted by the Township.
A.
Concrete curbs shall be installed on both sides of
all streets unless the Planning Board approves the installation of
Belgian block. The width at the base of the curb shall be a minimum
of eight inches in width and 18 inches in depth and six inches in
width at the top. The curb shall show a face above the finished pavement
of eight inches for roadways with a pavement width of 40 feet or greater
and six inches for roadways with a pavement width of less than 40
feet. The concrete shall be NJDOT Class B concrete. The minimum length
of block shall be 10 feet with a preform bituminous expansion joint
filler 1/2 inch thick installed every 40 feet. The finish shall be
a float finish with corners rounded. The curb shall be laid in a workmanlike
manner as directed and approved by the Township Engineer. The curb
at all driveway openings shall be depressed to a point two inches
above the finished pavement. The rear top corner of such a curb shall
have a radius of 1 1/2 inches. Curb openings shall be in such
widths as shall be determined by the Township Engineer. Belgian block
shall be consistent with and installed according to the standard detail
set forth in Schedule D attached.[1]
[1]
Editor's Note: Schedule D is on file in the
Clerk's office.
B.
Where development takes place adjoining existing streets, concrete curb shall be installed in accordance with Subsection A above, and the area between such gutter and the existing road shall be paved in accordance with specifications in § 190-94 and care shall be taken that a proper joint is made with the existing street.
C.
Sidewalks shall be required in all areas and constructed
on both sides of all streets; except streets where governmental regulations
deny access to pedestrians, or those streets within new major subdivisions,
residential or nonresidential, in which case sidewalks shall be constructed
on one side of the street only. However, the Planning Board may waive
the construction requirement where, in its opinion, it is to the best
interest of the Township. Upon granting such a waiver, the developer
shall be required to pay the Township of Freehold an amount equal
to 60% of the reasonable cost of installing said sidewalks, said amount
to be determined by the Township Engineer upon submission and consideration
of various estimates and other documentation from the developer, other
interested parties, and the office of the Township Engineer itself.
All funds collected by the Township from developers as a result of
waivers granted in accordance with this subsection, shall be maintained
in a sidewalk construction account, the proceeds of which shall be
available to install sidewalks throughout the Township where and as
authorized by the Township Committee. Nothing contained herein shall
affect the right of the Township to enact ordinances requiring assessments
for sidewalks from property owners as authorized under N.J.S.A. 40:65-2
or pursuant to other ordinances in the Township of Freehold. However,
the Planning Board may waive the construction requirement where, in
its opinion, it is to the best interest of the Township. Upon granting
such a waiver, the developer shall be required to pay the Township
of Freehold an amount equal to 60% of the reasonable cost of installing
said sidewalks, said amount to be determined by the Township Engineer
upon submission and consideration of various estimates and other documentation
from the developer, other interested parties, and the office of the
Township Engineer itself. All funds collected by the Township from
developers as a result of waivers granted in accordance with this
subsection, shall be maintained in a sidewalk construction account,
the proceeds of which shall be available to install sidewalks throughout
the Township where and as authorized by the Township Committee. Nothing
contained herein shall affect the right of the Township to enact ordinances
requiring assessments for sidewalks from property owners as authorized
under N.J.S.A. 40:65-2 or pursuant to other ordinances in the Township
of Freehold.
[Amended 12-22-2009 by Ord. No. O-09-34]
D.
Sidewalk shall have a minimum width of four feet and
four inches in thickness except at driveways and aprons where the
sidewalk and aprons shall be reinforced concrete six inches thick
with a number six-gauge six-by-six mesh steel wire reinforcement placed
four inches below the finished sidewalk surface. Sidewalk shall be
constructed at the locations and to the prescribed lines and grades
as approved in a preliminary plat. All sidewalks shall have a cross
slope of 1/4 inch per foot toward the street. Sidewalks shall be constructed
only after the adjacent curb has first been installed. The sidewalk
subgrade shall be smooth and unyielding and be thoroughly compacted
by approved tamping and vibratory methods. Where, in the opinion of
the Township Engineer, the subgrade conditions of the proposed sidewalk
installation is wet, spongy and unyielding, the yielding subgrade
material shall be removed as directed by the Engineer and replaced
with bank-run gravel regraded and compacted to subgrade elevation.
Concrete for sidewalk and apron shall be acquired from a ready mixed
concrete plant and shall be NJDOT Class B concrete manufactured in
accordance with the New Jersey State Highway standard specifications,
latest revision. Coarse aggregate proportions shall conform to American
Society for Testing and Materials, Concrete Aggregates C 33, Size
No. 57 or 67. Concrete will be air-entrained, and the amount of air
shall be 5% plus or minus 1%. NJDOT Class B concrete shall be placed
to a thickness of four inches tamped, screened and finished to true
grade. The finish shall be with a wood float, followed by brushing
with a set of soft-haired brushes to a neat workmanlike surface. Expansion
joints 1/2 inch wide shall be provided at minimum intervals of 12
feet and filled with preformed bituminous expansion joint filler.
Surface grooves shall be cut perpendicular to the line of the sidewalk
at intervals equal to its width. Exposed edges shall be neatly rounded
to a radius of 1/2 inch. Developments may provide contiguous asphalt
bike/pedestrian ways in lieu of concrete sidewalks subject to approval
by the Planning Board and subject to minimum specifications prescribed
by the Township Engineer.
E.
Location of sidewalks.
(1)
The sidewalks will be located within the street right-of-way
a distance of one foot from the property line as measured toward the
face of the curb.
(2)
For residential development, a standard sidewalk pattern
may consist of one six-foot wide sidewalk on one side of a roadway
which does not have residential structures instead of four-foot wide
sidewalks on both sides. The Planning Board may waive sidewalks in
areas where it is not desirable to have pedestrian access.
(3)
Curbing may be waived along roadway segments which
traverse open space areas where the slope is less than 5% and provided
drainage swales can be installed in accordance with specifications
prescribed by the Township Engineer.
F.
In residential developments a concrete walk shall
be constructed to connect the front entrance of the dwelling to the
street, parking lot or driveway. Such sidewalks shall have a minimum
width of three feet. The Township Engineer may permit the use of brick
or similar paving materials in lieu of concrete.
A.
Streetlighting shall be of a type and at locations
approved by the Township Committee and the electric utility company.
B.
Streetlights shall be installed prior to certificates
of occupancy being issued and the cost of electricity for streetlighting
in all streets within the development shall be paid for by the developer
until such streets are accepted by the municipality, or upon the developer
complying with N.J.S.A. 40:55D-53.6.
C.
For all development projects which require board approval,
the developer shall arrange and pay for streetlighting service upon
the appropriate tariff and prevailing government rules and regulations.
The developer shall pay all costs for the installation of streetlighting,
including, but not limited to, wiring, poles, and fixtures. The payment
made by the developer to the utility shall include the amount set
by the approved tariff for capital contribution for fixture costs.
Accordingly, the appropriate tariff is hereby defined as the "contribution
fixture" tariff or its equivalent.
A.
Township approved four-way street signs shall be installed
within the street right-of-way wherever two or more streets intersect.
B.
The sign shall be firmly placed on a two-and-one-half
inch outside diameter, two-inch inside diameter, galvanized steel
pipe. The pipe shall be a minimum length of 13 feet and shall be firmly
set in a concrete footing, eight inches diameter, to a depth of three
feet.
C.
Signs shall be installed in accordance with the USDOT
Manual on Uniform Traffic Control Devices following review and recommendation
by the Township Police Chief and Township Engineer.
A.
No topsoil shall be removed from the site or used
as spoil. Topsoil moved during the course of construction shall be
redistributed on the surface to a minimum depth of six inches and
so as to provide an even cover and shall be stabilized by seeding
or planting.
B.
Any tree on the site having a trunk diameter of more
than four inches at a height of two feet from the ground shall not
be removed unless such removal is in accordance with a plan approved
by the Planning Board.
[Amended 12-22-2015 by Ord. No. O-15-26]
C.
All tree stumps shall be removed from the site. No
tree stumps shall be buried on any lots or streets.
In the event of large-scale commercial development, such as shopping centers, service stations, or any other development where large areas will be covered with either bituminous macadam pavement or buildings and it is in the best interest of the Township for the existing topsoil on the site not to be used as fill or subbase on the site, the developer may apply to the Planning Board for a topsoil removal permit pursuant to Chapter 286, Soil Removal and Soil Fill. Such application may be made contemporaneous with the application for development.
A.
A developer may make application to the Planning Board
for a topsoil removal permit to remove topsoil from said premises
beyond the geographical boundary lines of the Township of Freehold.
B.
The application for a topsoil removal permit shall
be in writing addressed to the Planning Board, and the Planning Board
may grant such permit upon written application made or at its discretion,
conduct a hearing thereon with a date to be set by the Planning Board
at which time testimony shall be received for the purpose of determining
whether or not there is in fact excess topsoil to be removed from
said lands and premises and the effect that said removal will have
upon the lands and premises to be developed as well as the effect
thereof upon the community at large.
A.
Where the development is to be served by a private
utility company or a municipal water supply system, the developer
shall provide for the installation of service lines with a minimum
diameter of eight inches ductile iron pipe in the street right-of-way.
Each lot shall be served by a one-inch minimum size Type K copper
service line from the nearest available street water main installed
in the street right-of-way in accordance with the regulations of the
private utility company, municipal ordinances and regulations of the
State Department of Health. All such service lines shall be installed
at the expense of the developer.
B.
The developer shall be obligated to obtain water from
a central water system whether it be a private water utility company
or a municipal water system, provided that the private water utility
company or the municipal water system agrees that it will extend its
mains to the lands of the developer. The cost of the extension of
the mains for the purpose of supply of water shall be pursuant to
agreement entered into between the developer and the supplier of water.
A.
Septic tanks may be installed subject to conformity
with the health ordinance of the Board of Health of the Township of
Freehold, where the subdivision is less than 50 homes, as provided
by statute.
B.
Where the subdivision plat submitted for approval
contains 50 or more lots or the land area covered and delineated by
said plat is part of a larger tract which, when the remainder thereof
is added together with the land area sought to be subdivided contains
sufficient area to permit the layout and subdivision of a total of
50 or more lots, or where said land area covered by said plat has
heretofore been previously subdivided, then in such an event, the
subdivider or owner shall provide for the connection of said lots
into an existing central sewage treatment system or, in the alternative,
construct, maintain and operate a system of sewage treatment.
C.
If public sewage disposal is not available to the
development, the Planning Board may require the installation of dry
lines for future connections provided it is probable that such service
shall be available within a reasonable time.
[Amended 9-13-2005 by Ord. No. O-05-30; 12-27-2005 by Ord. No. O-05-48; 2-28-2006 by Ord. No. O-06-10; 12-22-2015 by Ord. No. O-15-26; 2-9-2021 by Ord. No.
O-21-2]
A.
Scope and purpose.
(1)
Policy statement. Flood control, groundwater recharge, and pollutant
reduction shall be achieved through the use of stormwater management
measures, including green infrastructure best management practices
(GI BMPs) and nonstructural stormwater management strategies. GI BMPs
and low-impact development (LID) should be utilized to meet the goal
of maintaining natural hydrology to reduce stormwater runoff volume,
reduce erosion, encourage infiltration and groundwater recharge, and
reduce pollution. GI BMPs and LID should be developed based upon physical
site conditions and the origin, nature and the anticipated quantity,
or amount, of potential pollutants. Multiple stormwater management
BMPs may be necessary to achieve the established performance standards
for water quality, quantity, and groundwater recharge.
(2)
Purpose. The purpose of this section is to establish minimum stormwater management requirements and controls for "major development," as defined below in Subsection B.
(3)
(4)
Compatibility with other permit and ordinance requirements.
(a)
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.
(b)
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 CENTERS, CORES OR NODES
CAFRA PLANNING MAP
COMMUNITY BASIN
COMPACTION
CONTRIBUTORY DRAINAGE AREA
CORE
COUNTY REVIEW AGENCY
DEPARTMENT
DESIGN ENGINEER
DESIGNATED CENTER
DEVELOPMENT
(1)
DISTURBANCE
DRAINAGE AREA
ENVIRONMENTALLY CONSTRAINED AREA
ENVIRONMENTALLY CRITICAL AREA
EROSION
GREEN INFRASTRUCTURE
HUC 14 or HYDROLOGIC UNIT CODE 14
IMPERVIOUS SURFACE
INFILTRATION
LEAD PLANNING AGENCY
MAJOR DEVELOPMENT
(1)
(a)
(b)
(c)
(d)
(2)
MOTOR VEHICLE
MOTOR VEHICLE SURFACE
MUNICIPALITY
NEW JERSEY STORMWATER BEST MANAGEMENT PRACTICES (BMP) MANUAL
or BMP MANUAL
NODE
NUTRIENT
PERSON
POLLUTANT
RECHARGE
REGULATED IMPERVIOUS SURFACE
(1)
(2)
(3)
(4)
REGULATED MOTOR VEHICLE SURFACE
(1)
(2)
SEDIMENT
SITE
SOIL
STORMWATER
STORMWATER MANAGEMENT BMP
STORMWATER MANAGEMENT MEASURE
STORMWATER MANAGEMENT PLANNING AGENCY
STORMWATER MANAGEMENT PLANNING AREA
STORMWATER RUNOFF
WATER CONTROL STRUCTURE
WATERS OF THE STATE
WETLANDS or WETLAND
Definitions. For the purpose of this section, the following terms,
phrases, words and their derivations shall have the meanings stated
herein unless their use in the text of this chapter clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory. The definitions below are the same as or
based on the corresponding definitions in the Stormwater Management
Rules at N.J.A.C. 7:8-1.2.
Those areas with boundaries incorporated by reference or
revised by the Department in accordance with N.J.A.C. 7:7-13.16.
The map used by the Department to identify the location of
Coastal Planning Areas, CAFRA centers, CAFRA cores, and CAFRA nodes.
The CAFRA Planning Map is available on the Department's Geographic
Information System (GIS).
An infiltration system, sand filter designed to infiltrate,
standard constructed wetland, or wet pond, established in accordance
with N.J.A.C. 7:8-4.2(c)14, that is designed and constructed in accordance
with the New Jersey Stormwater Best Management Practices Manual, or
an alternate design, approved in accordance with N.J.A.C. 7:8-5.2(g),
for an infiltration system, sand filter designed to infiltrate, standard
constructed wetland, or wet pond and that complies with the requirements
of this chapter.
The increase in soil bulk density.
The area from which stormwater runoff drains to a stormwater
management measure, not including the area of the stormwater management
measure itself.
A pedestrian-oriented area of commercial and civic uses serving
the surrounding municipality, generally including housing and access
to public transportation.
An agency designated by the County Commissioners to review
municipal stormwater management plans and implementing ordinance(s).
The county review agency may either be:
The Department of Environmental Protection.
A person professionally qualified and duly licensed in New
Jersey to perform engineering services that may include, but not necessarily
be limited to, development of project requirements, creation and development
of project design and preparation of drawings and specifications.
A State Development and Redevelopment Plan Center as designated
by the State Planning Commission such as urban, regional, town, village,
or hamlet.
The division of a parcel of land into two or more parcels,
the construction, reconstruction, conversion, structural alteration,
relocation or enlargement of any building or structure, any mining
excavation or landfill, and any use or change in the use of any building
or other structure, or land or extension of use of land, for which
permission is required under the Municipal Land Use Law, N.J.S.A.
40:55D-1 et seq.
In the case of development of agricultural land, "development"
means any activity that requires a state permit, any activity reviewed
by the County Agricultural Board (CAB) and the State Agricultural
Development Committee (SADC), and municipal review of any activity
not exempted by the Right to Farm Act, N.J.S.A. 4:1C-1 et seq.
The placement or reconstruction of impervious surface or
motor vehicle surface, or exposure and/or movement of soil or bedrock
or clearing, cutting, or removing of vegetation. Milling and repaving
is not considered disturbance for the purposes of this definition.
A geographic area within which stormwater, sediments, or
dissolved materials drain to a particular receiving waterbody or to
a particular point along a receiving waterbody.
The following areas where the physical alteration of the
land is in some way restricted, either through regulation, easement,
deed restriction or ownership such as: wetlands, floodplains, threatened
and endangered species sites or designated habitats, and parks and
preserves. Habitats of endangered or threatened species are identified
using the Department's Landscape Project as approved by the Department's
Endangered and Nongame Species Program.
An area or feature which is of significant environmental
value, including, but not limited to, stream corridors, natural heritage
priority sites, habitats of endangered or threatened species large
areas of contiguous open space or upland forest, steep slopes, and
wellhead protection and groundwater recharge areas. Habitats of endangered
or threatened species are identified using the Department's Landscape
Project as approved by the Department's Endangered and Nongame Species
Program.
The detachment and movement of soil or rock fragments by
water, wind, ice, or gravity.
A stormwater management measure that manages stormwater close
to its source by:
An area within which water drains to a particular receiving
surface water body, also known as a subwatershed, which is identified
by a fourteen-digit hydrologic unit boundary designation, delineated
within New Jersey by the United States Geological Survey.
A surface that has been covered with a layer of material
so that it is highly resistant to infiltration by water.
The process by which water seeps into the soil from precipitation.
One or more public entities having stormwater management
planning authority designated by the regional stormwater management
planning committee pursuant to N.J.A.C. 7:8-3.2, that serves as the
primary representative of the committee.
An individual development, as well as multiple developments
that individually or collectively result in:
The disturbance of one or more acres of land since February
2, 2004;
The creation of 1/4 acre or more of regulated impervious surface
since February 2, 2004;
The creation of 1/4 acre or more of regulated motor vehicle
surface since March 2, 2021 {or the effective date of this section,
whichever is earlier}; or
Major development includes all developments that are part of a common plan of development or sale (for example, phased residential development) that collectively or individually meet any one or more of Subsection (1)(a), (b), (c) or (d) above. Projects undertaken by any government agency that otherwise meet the definition of "major development" but which do not require approval under the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., are also considered "major development."
Land vehicles propelled other than by muscular power, such
as automobiles, motorcycles, autocycles, and low-speed vehicles. For
the purposes of this definition, "motor vehicle" does not include
farm equipment, snowmobiles, all-terrain vehicles, motorized wheelchairs,
go-carts, gas buggies, golf carts, skislope 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 Township of Freehold.
The manual maintained by the Department providing, in part, design specifications, removal rates, calculation methods, and soil testing procedures approved by the Department as being capable of contributing to the achievement of the stormwater management standards specified in this chapter. The BMP Manual is periodically amended by the Department as necessary to provide design specifications on additional best management practices and new information on already included practices reflecting the best available current information regarding the particular practice and the Department's determination as to the ability of that best management practice to contribute to compliance with the standards contained in this chapter. Alternative stormwater management measures, removal rates, or calculation methods may be utilized, subject to any limitations specified in this chapter, provided the design engineer demonstrates to the municipality, in accordance with Subsection D(6) of this section and N.J.A.C. 7:8-5.2(g), that the proposed measure and its design will contribute to achievement of the design and performance standards established by this chapter.
An area designated by the State Planning Commission concentrating
facilities and activities which are not organized in a compact form.
A chemical element or compound, such as nitrogen or phosphorus,
which is essential to and promotes the development of organisms.
Any individual, corporation, company, partnership, firm,
association, political subdivision of this state and any state, interstate
or federal agency.
Any dredged spoil, solid waste, incinerator residue, filter
backwash, sewage, garbage, refuse, oil, grease, sewage sludge, munitions,
chemical wastes, biological materials, medical wastes, radioactive
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.
Any of the following, alone or in combination:
A net increase of impervious surface;
The total area of impervious surface collected by a new stormwater
conveyance system (for the purpose of this definition, a "new stormwater
conveyance system" is a stormwater conveyance system that is constructed
where one did not exist immediately prior to its construction or an
existing system for which a new discharge location is created);
The total area of impervious surface proposed to be newly collected
by an existing stormwater conveyance system; and/or
The total area of impervious surface collected by an existing
stormwater conveyance system where the capacity of that conveyance
system is increased.
Any of the following, alone or in combination:
The total area of motor vehicle surface that is currently receiving
water;
A net increase in motor vehicle surface; and/or quality treatment
either by vegetation or soil, by an existing stormwater management
measure, or by treatment at a wastewater treatment plant, where the
water quality treatment will be modified or removed.
Solid material, mineral or organic, that is in suspension,
is being transported, or has been moved from its site of origin by
air, water or gravity as a product of erosion.
The lot or lots upon which a major development is to occur
or has occurred.
All unconsolidated mineral and organic material of any origin.
Water resulting from precipitation (including rain and snow)
that runs off the land's surface, is transmitted to the subsurface,
or is captured by separate storm sewers or other sewage or drainage
facilities, or conveyed by snow removal equipment.
An excavation or embankment and related areas designed to
retain stormwater runoff. A stormwater management BMP may either be
normally dry (that is, a detention basin or infiltration system),
retain water in a permanent pool (a retention basin), or be planted
mainly with wetland vegetation (most constructed stormwater wetlands).
Any practice, technology, process, program, or other method
intended to control or reduce stormwater runoff and associated pollutants,
or to induce or control the infiltration or groundwater recharge of
stormwater or to eliminate illicit or illegal nonstormwater discharges
into stormwater conveyances.
A public body authorized by legislation to prepare stormwater
management plans.
The geographic area for which a stormwater management planning
agency is authorized to prepare stormwater management plans, or a
specific portion of that area identified in a stormwater management
plan prepared by that agency.
Water flow on the surface of the ground or in storm sewers,
resulting from precipitation.
A structure within, or adjacent to, a water, which intentionally
or coincidentally alters the hydraulic capacity, the flood elevation
resulting from the two-, ten-, or 100-year storm, flood hazard area
limit, and/or floodway limit of the water. Examples of a water control
structure may include a bridge, culvert, dam, embankment, ford (if
above grade), retaining wall, and weir.
The ocean and its estuaries, all springs, streams, wetlands,
and bodies of surface or groundwater, whether natural or artificial,
within the boundaries of the State of New Jersey or subject to its
jurisdiction.
An area that is inundated or saturated by surface water or
groundwater at a frequency and duration sufficient to support, and
that under normal circumstances does support, a prevalence of vegetation
typically adapted for life in saturated soil conditions, commonly
known as hydrophytic vegetation.
C.
General standards.
(1)
Design and performance standards for stormwater management measures.
(a)
Stormwater management measures for major development shall be
designed to provide erosion control, groundwater recharge, stormwater
runoff quantity control, and stormwater runoff quality treatment as
follows:
[1]
The minimum standards for erosion control are those established
under the Soil and Sediment Control Act, N.J.S.A. 4:24-39 et seq.,
and implementing rules at N.J.A.C. 2:90.
[2]
The minimum standards for groundwater recharge, stormwater quality,
and stormwater runoff quantity shall be met by incorporating green
infrastructure.
(b)
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 13:1B-15.150, particularly
Helonias bullata (swamp pink) and/or Clemmys muhlenbergii (bog turtle).
(3)
The following linear development projects are exempt from the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity requirements of Subsection D(16), (17) and (18):
(a)
The construction of an underground utility line provided that
the disturbed areas are revegetated upon completion;
(b)
The construction of an aboveground utility line provided that
the existing conditions are maintained to the maximum extent practicable;
and
(c)
The construction of a public pedestrian access, such as a sidewalk
or trail with a maximum width of 14 feet, provided that the access
is made of permeable material.
(4)
A waiver from strict compliance from the green infrastructure, groundwater recharge, stormwater runoff quality, and stormwater runoff quantity requirements of Subsection D(15), (16), (17), and (18) may be obtained for the enlargement of an existing public roadway or railroad; or the construction or enlargement of a public pedestrian access, provided that the following conditions are met:
(a)
The applicant demonstrates that there is a public need for the
project that cannot be accomplished by any other means;
(d)
The applicant demonstrates that it does not own or have other rights to areas, including the potential to obtain through condemnation lands not falling under Subsection D(4)(c) above within the upstream drainage area of the receiving stream, that would provide additional opportunities to mitigate the requirements of Subsection D(15), (16), (17) and (18) that were not achievable onsite.
(5)
Tables 1 through 3 below summarize the ability of stormwater best management practices identified and described in the New Jersey Stormwater Best Management Practices Manual to satisfy the green infrastructure, groundwater recharge, stormwater runoff quality and stormwater runoff quantity standards specified in Subsection D (15), (16), (17) and (18). When designed in accordance with the most current version of the New Jersey Stormwater Best Management Practices Manual, the stormwater management measures found at N.J.A.C. 7:8-5.2(f) Tables 5-1, 5-2 and 5-3 and listed below in Tables 1, 2 and 3 are presumed to be capable of providing stormwater controls for the design and performance standards as outlined in the tables below. Upon amendments of the New Jersey Stormwater Best Management Practices to reflect additions or deletions of BMPs meeting these standards, or changes in the presumed performance of BMPs designed in accordance with the New Jersey Stormwater BMP Manual, the Department shall publish in the New Jersey Registers a notice of administrative change revising the applicable table. The most current version of the BMP Manual can be found on the Department's website at: https://njstormwater.org/bmp_manual2.htm.
(6)
Where the BMP tables in the NJ Stormwater Management Rule are different
due to updates or amendments with the tables in this section, the
BMP Tables in the Stormwater Management Rule at N.J.A.C. 7:8-5.2(f)
shall take precedence.
Table 1
Green Infrastructure BMPs for Groundwater Recharge, Stormwater
Runoff Quality, and/or Stormwater Runoff Quantity
| ||||
---|---|---|---|---|
Best Management Practice
|
Stormwater Runoff Quality TSS Removal Rate
|
Stormwater Runoff Quantity
|
Groundwater Recharge
|
Minimum Separation from Seasonal High Water Table
(feet)
|
Cistern
|
0%
|
Yes
|
No
|
—
|
Dry well(a)
|
0%
|
No
|
Yes
|
2
|
Grass swale
|
50% or less
|
No
|
No
|
2(e)
1(f)
|
Green roof
|
0%
|
Yes
|
No
|
—
|
Manufactured treatment device(a)(g)
|
50% or 80%
|
No
|
No
|
Dependent upon the device
|
Pervious paving system(a)
|
80%
|
Yes
|
Yes(b)
No(c)
|
2(b)
1(c)
|
Small-scale bioretention basin(a)
|
80% or 90%
|
Yes
|
Yes(b)
No(c)
|
2(b)
1(c)
|
Small-scale infiltration basin(a)
|
80%
|
Yes
|
Yes
|
2
|
Small-scale sand filter
|
80%
|
Yes
|
Yes
|
2
|
Vegetative filter strip
|
60% to 80%
|
No
|
No
|
—
|
(Notes corresponding to annotations (b) through (d) are found below Table 3.)
|
Table 2
Green Infrastructure BMPs for Stormwater Runoff Quantity
(or for Groundwater Recharge and/or Stormwater Runoff Quality
with a Waiver or Variance from N.J.A.C. 7:8-5.3)
| ||||
---|---|---|---|---|
Best Management Practice
|
Stormwater Runoff Quality TSS Removal Rate
|
Stormwater Runoff Quantity
|
Groundwater Recharge
|
Minimum Separation from Seasonal High Water Table
(feet)
|
Bioretention system
|
80% or 90%
|
Yes
|
Yes(b)
No(c)
|
2(b)
1(c)
|
Infiltration basin
|
80%
|
Yes
|
Yes
|
2
|
Sand filter(b)
|
80%
|
Yes
|
Yes
|
2
|
Standard constructed wetland
|
90%
|
Yes
|
No
|
N/A
|
Wet pond(d)
|
50% to 90%
|
Yes
|
No
|
N/A
|
(Notes corresponding to annotations (b) through (d) are found below Table 3.)
|
Table 3
BMPs for Groundwater Recharge, Stormwater Runoff Quality, and/or
Stormwater Runoff Quantity
only with a Waiver or Variance from N.J.A.C. 7:8-5.3
| ||||
---|---|---|---|---|
Best Management Practice
|
Stormwater Runoff Quality TSS Removal Rate
|
Stormwater Runoff Quantity
|
Groundwater Recharge
|
Minimum Separation from Seasonal High Water Table
(feet)
|
Blue roof
|
0%
|
Yes
|
No
|
N/A
|
Extended detention basin
|
40% to 60%
|
Yes
|
No
|
1
|
Manufactured treatment device(h)
|
50% or 80%
|
No
|
No
|
Dependent upon the device
|
Sand filter(c)
|
80%
|
Yes
|
No
|
1
|
Subsurface gravel wetland
|
90%
|
No
|
No
|
1
|
Wet pond
|
50% to 90%
|
Yes
|
No
|
N/A
|
Notes to Tables 1, 2, and 3:
| |
---|---|
(a)
|
Subject to the applicable contributory drainage area limitation specified at Subsection D(15)(b);
|
(b)
|
Designed to infiltrate into the subsoil;
|
(c)
|
Designed with underdrains;
|
(d)
|
Designed to maintain at least a ten-foot-wide area of native
vegetation along at least 50% of the shoreline and to include a stormwater
runoff retention component designed to capture stormwater runoff for
beneficial reuse, such as irrigation;
|
(e)
|
Designed with a slope of less than 2%;
|
(f)
|
Designed with a slope of equal to or greater than 2%;
|
(g)
|
Manufactured treatment devices that meet the definition of "green infrastructure" at Subsection B;
|
(h)
|
Manufactured treatment devices that do not meet the definition of "green infrastructure" at Subsection B.
|
(7)
An alternative stormwater management measure, alternative removal rate, and/or alternative method to calculate the removal rate may be used if the design engineer demonstrates the capability of the proposed alternative stormwater management measure and/or the validity of the alternative rate or method to the municipality. A copy of any approved alternative stormwater management measure, alternative removal rate, and/or alternative method to calculate the removal rate shall be provided to the Department in accordance with Subsection E(2). Alternative stormwater management measures may be used to satisfy the requirements at Subsection D(15) only if the measures meet the definition of green infrastructure at Subsection B. Alternative stormwater management measures that function in a similar manner to a BMP listed at Subsection D(15)(b) are subject to the contributory drainage area limitation specified at Subsection D(15)(b) for that similarly functioning BMP. Alternative stormwater management measures approved in accordance with this subsection that do not function in a similar manner to any BMP listed at Subsection D(15)(b) shall have a contributory drainage area less than or equal to 2.5 acres, except for alternative stormwater management measures that function similarly to cisterns, grass swales, green roofs, standard constructed wetlands, vegetative filter strips, and wet ponds, which are not subject to a contributory drainage area limitation. Alternative measures that function similarly to standard constructed wetlands or wet ponds shall not be used for compliance with the stormwater runoff quality standard unless a variance in accordance with N.J.A.C. 7:8-4.6 or a waiver from strict compliance in accordance with Subsection D(4) is granted from Subsection D(15).
(8)
Whenever the stormwater management design includes one or more BMPs
that will infiltrate stormwater into subsoil, the design engineer
shall assess the hydraulic impact on the groundwater table and design
the site so as to avoid adverse hydraulic impacts. Potential adverse
hydraulic impacts include, but are not limited to, exacerbating a
naturally or seasonally high water table, so as to cause surficial
ponding, flooding of basements, or interference with the proper operation
of subsurface sewage disposal systems or other subsurface structures
within the zone of influence of the groundwater mound, or interference
with the proper functioning of the stormwater management measure itself.
(9)
Design standards for stormwater management measures are as follows:
(a)
Stormwater management measures shall be designed to take into
account the existing site conditions, including, but not limited to,
environmentally critical areas; wetlands; flood-prone areas; slopes;
depth to seasonal high water table; soil type, permeability, and texture;
drainage area and drainage patterns; and the presence of solution-prone
carbonate rocks (limestone);
(b)
Stormwater management measures shall be designed to minimize maintenance, facilitate maintenance and repairs, and ensure proper functioning. Trash racks shall be installed at the intake to the outlet structure, as appropriate, and shall have parallel bars with one-inch spacing between the bars to the elevation of the water quality design storm. For elevations higher than the water quality design storm, the parallel bars at the outlet structure shall be spaced no greater than 1/3 the width of the diameter of the orifice or 1/3 the width of the weir, with a minimum spacing between bars of one inch and a maximum spacing between bars of six inches. In addition, the design of trash racks must comply with the requirements of Subsection H(3);
(c)
Stormwater management measures shall be designed, constructed,
and installed to be strong, durable, and corrosion-resistant. Measures
that are consistent with the relevant portions of the Residential
Site Improvement Standards at N.J.A.C. 5:21-7.3, 7.4, and 7.5 shall
be deemed to meet this requirement;
(d)
Stormwater management BMPs shall be designed to meet the minimum safety standards for stormwater management BMPs at Subsection H; and
(e)
The size of the orifice at the intake to the outlet from the
stormwater management BMP shall be a minimum of 2 1/2 inches
in diameter.
(10)
Manufactured treatment devices may be used to meet the requirements of this subchapter, provided the pollutant removal rates are verified by the New Jersey Corporation for Advanced Technology and certified by the Department. Manufactured treatment devices that do not meet the definition of "green infrastructure" at Subsection B may be used only under the circumstances described at Subsection D(15)(d).
(11)
Any application for a new agricultural development that meets the definition of "major development" at Subsection B shall be submitted to the Soil Conservation District for review and approval in accordance with the requirements at Subsections D(15), (16), (17) and (18) and any applicable Soil Conservation District guidelines for stormwater runoff quantity and erosion control. For purposes of this subsection, "agricultural development" means land uses normally associated with the production of food, fiber, and livestock for sale. Such uses do not include the development of land for the processing or sale of food and the manufacture of agriculturally related products.
(12)
If there is more than one drainage area, the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at Subsection D(16), (17) and (18) shall be met in each drainage area, unless the runoff from the drainage areas converge 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.
(13)
Any stormwater management measure authorized under the municipal stormwater management plan or ordinance shall be reflected in a deed notice recorded in the Office of the Monmouth County Clerk or the registrar of deeds and mortgages of the county in which the development, project, project site, or mitigation area containing the stormwater management measure is located, as appropriate, to the municipality. A form of deed notice shall be submitted to the municipality for approval prior to filing. The deed notice shall contain a description of the stormwater management measure(s) used to meet the green infrastructure, groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at Subsection D(15), (16), (17) and (18) and shall identify the location of the stormwater management measure(s) in NAD 1983 State Plane New Jersey FIPS 2900 US Feet or Latitude and Longitude in decimal degrees. The deed notice shall also reference the maintenance plan required to be recorded upon the deed pursuant to Subsection J(2)(e). Prior to the commencement of construction, proof that the above required deed notice has been filed shall be submitted to the municipality. Proof that the required information has been recorded on the deed shall be in the form of either a copy of the complete recorded document or a receipt from the clerk or other proof of recordation provided by the recording office. However, if the initial proof provided to the municipality is not a copy of the complete recorded document, a copy of the complete recorded document shall be provided to the municipality within 180 calendar days of the authorization granted by the municipality.
(14)
A stormwater management measure approved under the municipal stormwater management plan or ordinance may be altered or replaced with the approval of the municipality, if the municipality determines that the proposed alteration or replacement meets the design and performance standards pursuant to Subsection D of this section and provides the same level of stormwater management as the previously approved stormwater management measure that is being altered or replaced. If an alteration or replacement is approved, a revised deed notice shall be submitted to the municipality for approval and subsequently recorded with the office of the Monmouth County Clerk and shall contain a description and location of the stormwater management measure, as well as reference to the maintenance plan, in accordance with Subsection D(13) above. Prior to the commencement of construction, proof that the above required deed notice has been filed shall be submitted to the municipality in accordance with Subsection D(13) above.
(15)
Green infrastructure standards.
(a)
This subsection specifies the types of green infrastructure
BMPs that may be used to satisfy the groundwater recharge, stormwater
runoff quality, and stormwater runoff quantity standards.
(b)
To satisfy the groundwater recharge and stormwater runoff quality standards at Subsection D(16) and (17), the design engineer shall utilize green infrastructure BMPs identified in Table 1 at Subsection D(6) and/or an alternative stormwater management measure approved in accordance with Subsection D(7). The following green infrastructure BMPs are subject to the following maximum contributory drainage area limitations:
Best Management Practice
|
Maximum Contributory Drainage Area
|
---|---|
Dry well
|
1 acre
|
Manufactured treatment device
|
2.5 acres
|
Pervious pavement systems
|
Area of additional inflow cannot exceed three times the area
occupied by the BMP
|
Small-scale bioretention systems
|
2.5 acres
|
Small-scale infiltration basin
|
2.5 acres
|
Small-scale sand filter
|
2.5 acres
|
(d)
If a variance in accordance with N.J.A.C. 7:8-4.6 or a waiver from strict compliance in accordance with Subsection D(4) is granted from the requirements of this subsection, then BMPs from Table 1, 2, or 3, and/or an alternative stormwater management measure approved in accordance with Subsection D(7) may be used to meet the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at Subsection D(16), (17) and (18).
(e)
For separate or combined storm sewer improvement projects, such as sewer separation, undertaken by a government agency or public utility (for example, a sewerage company), the requirements of this subsection shall only apply to areas owned in fee simple by the government agency or utility, and areas within a right-of-way or easement held or controlled by the government agency or utility; the entity shall not be required to obtain additional property or property rights to fully satisfy the requirements of this subsection. Regardless of the amount of area of a separate or combined storm sewer improvement project subject to the green infrastructure requirements of this subsection, each project shall fully comply with the applicable groundwater recharge, stormwater runoff quality control, and stormwater runoff quantity standards at Subsection D(16), (17) and (18), unless the project is granted a waiver from strict compliance in accordance with Subsection D(4).
(16)
Groundwater recharge standards.
(a)
This subsection contains the minimum design and performance
standards for groundwater recharge as follows.
(b)
The design engineer shall, using the assumptions and factors for stormwater runoff and groundwater recharge calculations at Subsection E, either:
[1]
Demonstrate through hydrologic and hydraulic analysis that the
site and its stormwater management measures maintain 100% of the average
annual pre-construction groundwater recharge volume for the site;
or
[2]
Demonstrate through hydrologic and hydraulic analysis that the
increase of stormwater runoff volume from pre-construction to post-construction
for the two-year storm is infiltrated.
(c)
This groundwater recharge requirement does not apply to projects subject to Subsection D(16)(d) below.
(d)
The following types of stormwater shall not be recharged:
[1]
Stormwater from areas of high pollutant loading. High pollutant
loading areas are areas in industrial and commercial developments
where solvents and/or petroleum products are loaded/unloaded, stored,
or applied, areas where pesticides are loaded/unloaded or stored;
areas where hazardous materials are expected to be present in greater
than "reportable quantities" as defined by the United States Environmental
Protection Agency (EPA) at 40 CFR 302.4; areas where recharge would
be inconsistent with Department-approved remedial action work plan
or landfill closure plan and areas with high risks for spills of toxic
materials, such as gas stations and vehicle maintenance facilities;
and
[2]
Industrial stormwater exposed to source material. "Source material"
means any material(s) or machinery, located at an industrial facility,
that is directly or indirectly related to process, manufacturing or
other industrial activities, which could be a source of pollutants
in any industrial stormwater discharge to groundwater. Source materials
include, but are not limited to, raw materials; intermediate products;
final products; waste materials; by-products; industrial machinery
and fuels, and lubricants, solvents, and detergents that are related
to process, manufacturing, or other industrial activities that are
exposed to stormwater.
(17)
Stormwater runoff quality standards.
(a)
This subsection contains the minimum design and performance
standards to control stormwater runoff quality impacts of major development.
Stormwater runoff quality standards are applicable when the major
development results in an increase of 1/4 acre or more of regulated
motor vehicle surface.
(b)
Stormwater management measures shall be designed to reduce the
post-construction load of total suspended solids (TSS) in stormwater
runoff generated from the water quality design storm as follows:
[1]
Eighty percent TSS removal of the anticipated load, expressed
as an annual average, shall be achieved for the stormwater runoff
from the net increase of motor vehicle surface.
[2]
If the surface is considered regulated motor vehicle surface
because the water quality treatment for an area of motor vehicle surface
that is currently receiving water quality treatment either by vegetation
or soil, by an existing stormwater management measure, or by treatment
at a wastewater treatment plant is to be modified or removed, the
project shall maintain or increase the existing TSS removal of the
anticipated load expressed as an annual average.
(c)
The requirement to reduce TSS does not apply to any stormwater runoff in a discharge regulated under a numeric effluent limitation for TSS imposed under the New Jersey Pollutant Discharge Elimination System (NJPDES) rules, N.J.A.C. 7:14A, or in a discharge specifically exempt under a NJPDES permit from this requirement. Every major development, including any that discharge into a combined sewer system, shall comply with Subsection D(17)(b) above, unless the major development is itself subject to 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.
(d)
The water quality design storm is 1.25 inches of rainfall in
two hours. Water quality calculations shall take into account the
distribution of rain from the water quality design storm, as reflected
in Table 4, below. The calculation of the volume of runoff may take
into account the implementation of stormwater management measures.
Table 4 - Water Quality Design Storm Distribution
| |||||
---|---|---|---|---|---|
Time
(Minutes)
|
Cumulative Rainfall
(Inches)
|
Time
(Minutes)
|
Cumulative Rainfall
(Inches)
|
Time
(Minutes)
|
Cumulative Rainfall
(Inches)
|
1
|
0.00166
|
41
|
0.1728
|
81
|
1.0906
|
2
|
0.00332
|
42
|
0.1796
|
82
|
1.0972
|
3
|
0.00498
|
43
|
0.1864
|
83
|
1.1038
|
4
|
0.00664
|
44
|
0.1932
|
84
|
1.1104
|
5
|
0.00830
|
45
|
0.2000
|
85
|
1.1170
|
6
|
0.00996
|
46
|
0.2117
|
86
|
1.1236
|
7
|
0.01162
|
47
|
0.2233
|
87
|
1.1302
|
8
|
0.01328
|
48
|
0.2350
|
88
|
1.1368
|
9
|
0.01494
|
49
|
0.2466
|
89
|
1.1434
|
10
|
0.01660
|
50
|
0.2583
|
90
|
1.1500
|
11
|
0.01828
|
51
|
0.2783
|
91
|
1.1550
|
12
|
0.01996
|
52
|
0.2983
|
92
|
1.1600
|
13
|
0.02164
|
53
|
0.3183
|
93
|
1.1650
|
14
|
0.02332
|
54
|
0.3383
|
94
|
1.1700
|
15
|
0.02500
|
55
|
0.3583
|
95
|
1.1750
|
16
|
0.03000
|
56
|
0.4116
|
96
|
1.1800
|
17
|
0.03500
|
57
|
0.4650
|
97
|
1.1850
|
18
|
0.04000
|
58
|
0.5183
|
98
|
1.1900
|
19
|
0.04500
|
59
|
0.5717
|
99
|
1.1950
|
20
|
0.05000
|
60
|
0.6250
|
100
|
1.2000
|
21
|
0.05500
|
61
|
0.6783
|
101
|
1.2050
|
22
|
0.06000
|
62
|
0.7317
|
102
|
1.2100
|
23
|
0.06500
|
63
|
0.7850
|
103
|
1.2150
|
24
|
0.07000
|
64
|
0.8384
|
104
|
1.2200
|
25
|
0.07500
|
65
|
0.8917
|
105
|
1.2250
|
26
|
0.08000
|
66
|
0.9117
|
106
|
1.2267
|
27
|
0.08500
|
67
|
0.9317
|
107
|
1.2284
|
28
|
0.09000
|
68
|
0.9517
|
108
|
1.2300
|
29
|
0.09500
|
69
|
0.9717
|
109
|
1.2317
|
30
|
0.10000
|
70
|
0.9917
|
110
|
1.2334
|
31
|
0.10660
|
71
|
1.0034
|
111
|
1.2351
|
32
|
0.11320
|
72
|
1.0150
|
112
|
1.2367
|
33
|
0.11980
|
73
|
1.0267
|
113
|
1.2384
|
34
|
0.12640
|
74
|
1.0383
|
114
|
1.2400
|
35
|
0.13300
|
75
|
1.0500
|
115
|
1.2417
|
36
|
0.13960
|
76
|
1.0568
|
116
|
1.2434
|
37
|
0.14620
|
77
|
1.0636
|
117
|
1.2450
|
38
|
0.15280
|
78
|
1.0704
|
118
|
1.2467
|
39
|
0.15940
|
79
|
1.0772
|
119
|
1.2483
|
40
|
0.16600
|
80
|
1.0840
|
120
|
1.2500
|
(e)
If more than one BMP in series is necessary to achieve the required
eighty-percent 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
|
R
|
=
|
the TSS percent removal rate applicable to the second BMP
|
(f)
Stormwater management measures shall also be designed to reduce, to the maximum extent feasible, the post-construction nutrient load of the anticipated load from the developed site in stormwater runoff generated from the water quality design storm. In achieving reduction of nutrients to the maximum extent feasible, the design of the site shall include green infrastructure BMPs that optimize nutrient removal while still achieving the performance standards in Subsection D(16), (17) and (18).
(g)
In accordance with the definition of "FW1" at N.J.A.C. 7:9B-1.4,
stormwater management measures shall be designed to prevent any increase
in stormwater runoff to waters classified as FW1.
(h)
The Flood Hazard Area Control Act Rules at N.J.A.C. 7:13-4.1(c)1
establish 300-foot riparian zones along Category One waters, as designated
in the Surface Water Quality Standards at N.J.A.C. 7:9B, and certain
upstream tributaries to Category One waters. A person shall not undertake
a major development that is located within or discharges into a 300-foot
riparian zone without prior authorization from the Department under
N.J.A.C. 7:13.
(i)
Pursuant to the Flood Hazard Area Control Act Rules at N.J.A.C.
7:13-11.2(j)3.i, runoff from the water quality design storm that is
discharged within a 300-foot riparian zone shall be treated in accordance
with this subsection to reduce the post-construction load of total
suspended solids by 95% of the anticipated load from the developed
site, expressed as an annual average.
(j)
This stormwater runoff quality standards do not apply to the
construction of one individual single-family dwelling, provided that
it is not part of a larger development or subdivision that has received
preliminary or final site plan approval prior to December 3, 2018,
and that the motor vehicle surfaces are made of permeable material(s)
such as gravel, dirt, and/or shells.
(18)
Stormwater runoff quantity standards.
(a)
This subsection contains the minimum design and performance
standards to control stormwater runoff quantity impacts of major development.
(b)
In order to control stormwater runoff quantity impacts, the design engineer shall, using the assumptions and factors for stormwater runoff calculations at Subsection E, complete one of the following:
[1]
Demonstrate through hydrologic and hydraulic analysis that for
stormwater leaving the site, post-construction runoff hydrographs
for the two-, ten-, and 100-year storm events do not exceed, at any
point in time, the pre-construction runoff hydrographs for the same
storm events;
[2]
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;
[3]
Design stormwater management measures so that the post-construction
peak runoff rates for the two-, ten- and 100-year storm events are
50%, 75% and 80%, respectively, of the 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
[4]
In tidal flood hazard areas, stormwater runoff quantity analysis in accordance with Subsection D(18)(b)[1], [2] and [3] 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.
(c)
The stormwater runoff quantity standards shall be applied at
the site's boundary to each abutting lot, roadway, watercourse, or
receiving storm sewer system.
E.
Calculation of stormwater runoff and groundwater recharge.
(1)
Stormwater runoff shall be calculated in accordance with the following:
(a)
The design engineer shall calculate runoff using one of the
following methods:
[1]
The USDA Natural Resources Conservation Service (NRCS) methodology,
including the NRCS Runoff Equation and Dimensionless Unit Hydrograph,
as described in Chapters 7, 9, 10, 15 and 16 Part 630, Hydrology National
Engineering Handbook, incorporated herein by reference as amended
and supplemented. This methodology is additionally described in Technical
Release 55, Urban Hydrology for Small Watersheds (TR-55), dated June
1986, incorporated herein by reference as amended and supplemented.
Information regarding the methodology is available from the Natural
Resources Conservation Service website at: https://www.nrcs.usda.gov/Internet/FSE_DOCUMENTS/stelprdb104
4171.pdf or at United States Department of Agriculture Natural Resources
Conservation Service, 220 Davison Avenue, Somerset, New Jersey 08873;
or
[2]
The Rational Method for peak flow and the Modified Rational
Method for hydrograph computations. The rational and modified rational
methods are described in "Appendix A-9 Modified Rational Method" in
the Standards for Soil Erosion and Sediment Control in New Jersey,
January 2014. This document is available from the State Soil Conservation
Committee or any of the Soil Conservation Districts listed at N.J.A.C.
2:90-1.3(a)3. The location, address, and telephone number for each
Soil Conservation District is available from the State Soil Conservation
Committee, PO Box 330, Trenton, New Jersey 08625. The document is
also available at: http://www.nj.gov/agriculture/divisions/anr/pdf/2014NJSoilErosionControlStandardsComplete.pdf.
(b)
For the purpose of calculating runoff coefficients and groundwater recharge, there is a presumption that the pre-construction condition of a site or portion thereof is a wooded land use with good hydrologic condition. The term "runoff coefficient" applies to both the NRCS methodology above at Subsection E(1)(a)[1] and the Rational and Modified Rational Methods at Subsection E(1)(a)[2]. A runoff coefficient or a groundwater recharge land cover for an existing condition may be used on all or a portion of the site if the design engineer verifies that the hydrologic condition has existed on the site or portion of the site for at least five years without interruption prior to the time of application. If more than one land cover has existed on the site during the five years immediately prior to the time of application, the land cover with the lowest runoff potential shall be used for the computations. In addition, there is the presumption that the site is in good hydrologic condition (if the land use type is pasture, lawn, or park), with good cover (if the land use type is woods), or with good hydrologic condition and conservation treatment (if the land use type is cultivation).
(c)
In computing 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 preconstruction stormwater runoff rates and volumes.
(d)
In computing stormwater runoff from all design storms, the design
engineer shall consider the relative stormwater runoff rates and/or
volumes of pervious and impervious surfaces separately to accurately
compute the rates and volume of stormwater runoff from the site. To
calculate runoff from unconnected impervious cover, urban impervious
area modifications as described in the NRCS Technical Release 55,
Urban Hydrology for Small Watersheds or other methods may be employed.
(e)
If the invert of the outlet structure of a stormwater management
measure is below the flood hazard design flood elevation as defined
at N.J.A.C. 7:13, the design engineer shall take into account the
effects of tailwater in the design of structural stormwater management
measures.
(2)
Groundwater recharge may be calculated in accordance with the following:
The New Jersey Geological Survey Report GSR-32, A Method for Evaluating
Groundwater-Recharge Areas in New Jersey, incorporated herein by reference
as amended and supplemented. Information regarding the methodology
is available from the New Jersey Stormwater Best Management Practices
Manual; at the New Jersey Geological Survey website at: https://www.nj.gov/dep/njgs/pricelst/gsreport/gsr32.pdf,
or at New Jersey Geological and Water Survey, 29 Arctic Parkway, PO
Box 420 Mail Code 29-01, Trenton, New Jersey 08625-0420.
F.
Sources for technical guidance.
(1)
Technical guidance for stormwater management measures can be found
in the documents listed below, which are available to download from
the Department's website at: http://www.nj.gov/dep/stormwater/bmp_manual2.htm.
(a)
Guidelines for stormwater management measures are contained
in the New Jersey Stormwater Best Management Practices Manual, as
amended and supplemented. Information is provided on stormwater management
measures such as, but not limited to, those listed in Tables 1, 2,
and 3.
(b)
Additional maintenance guidance is available on the Department's
website at: https://www.njstormwater.org/maintenance_guidance.htm.
(2)
Submissions required for review by the Department should be mailed
to: The Division of Water Quality, New Jersey Department of Environmental
Protection, Mail Code 401-02B, PO Box 420, Trenton, New Jersey 08625-0420.
G.
Solids and floatable materials control standards.
(1)
Site design features identified under Subsection D(6) above, or alternative designs in accordance with Subsection D(7) above, to prevent discharge of trash and debris from drainage systems shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets. For purposes of this subsection, "solid and floatable materials" means sediment, debris, trash, and other floating, suspended, or settleable solids. For exemptions to this standard see Subsection G(1)(b) below.
(a)
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:
[1]
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
[2]
A different grate, if each individual clear space in that grate
has an area of no more than seven square inches, or is no greater
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.
[3]
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 seven square inches, or be no greater than
two inches across the smallest dimension.
(b)
The standard in Subsection G(1)(a) above does not apply:
[1]
Where each individual clear space in the curb opening in existing
curb-opening inlet does not have an area of more than nine square
inches;
[2]
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;
[3]
Where flows from the water quality design storm as specified
in N.J.A.C. 7:8 are conveyed through any device (e.g., end of pipe
netting facility, manufactured treatment device, or a catch basin
hood) that is designed, at a minimum, to prevent delivery of all solid
and floatable materials that could not pass through one of the following:
[a]
A rectangular space 4 5/8 (4.625) inches long and 1 1/2
(1.5) inches wide (this option does not apply for outfall netting
facilities); or
[b]
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 7.4(b)1].
|
[4]
Where flows are conveyed through a trash rack that has parallel
bars with one-inch spacing between the bars, to the elevation of the
Water Quality Design Storm as specified in N.J.A.C. 7:8; or
[5]
Where the New Jersey Department of Environmental Protection
determines, pursuant to the New Jersey Register of Historic Places
Rules at N.J.A.C. 7:4-7.2(c), that action to meet this standard is
an undertaking that constitutes an encroachment or will damage or
destroy the New Jersey Register listed historic property.
H.
Safety standards for stormwater management basins.
(1)
This subsection sets forth requirements to protect public safety
through the proper design and operation of stormwater management BMPs.
This subsection applies to any new stormwater management BMP.
(2)
The provisions of this subsection are not intended to preempt more stringent municipal or county safety requirements for new or existing stormwater management BMPs. Municipal and county stormwater management plans and ordinances may, pursuant to their authority, require existing stormwater management BMPs to be retrofitted to meet one or more of the safety standards in Subsection H(3)(a), H(3)(b), and H(3)(c) for trash racks, overflow grates, and escape provisions at outlet structures.
(3)
Requirements for trash racks, overflow grates and escape provisions.
(a)
A trash rack is a device designed to catch trash and debris
and prevent the clogging of outlet structures. Trash racks shall be
installed at the intake to the outlet from the stormwater management
BMP to ensure proper functioning of the BMP outlets in accordance
with the following:
[1]
The trash rack shall have parallel bars, with no greater than
six-inch spacing between the bars;
[2]
The trash rack shall be designed so as not to adversely affect
the hydraulic performance of the outlet pipe or structure;
[3]
The average velocity of flow through a clean trash rack is not
to exceed 2.5 feet per second under the full range of stage and discharge.
Velocity is to be computed on the basis of the net area of opening
through the rack; and
[4]
The trash rack shall be constructed of rigid, durable, and corrosion-resistant
material and designed to withstand a perpendicular live loading of
300 pounds per square foot.
(b)
An overflow grate is designed to prevent obstruction of the
overflow structure. If an outlet structure has an overflow grate,
such grate shall meet the following requirements:
[1]
The overflow grate shall be secured to the outlet structure
but removable for emergencies and maintenance.
[2]
The overflow grate spacing shall be no less than two inches
across the smallest dimension.
[3]
The overflow grate shall be constructed and installed to be
rigid, durable, and corrosion-resistant, and shall be designed to
withstand a perpendicular live loading of 300 pounds per square foot.
(c)
Stormwater management BMPs shall include escape provisions as
follows:
[1]
If a stormwater management BMP has an outlet structure, escape provisions shall be incorporated in or on the structure. Escape provisions include the installation of permanent ladders, steps, rungs, or other features that provide easily accessible means of egress from stormwater management BMPs. With the prior approval of the municipality pursuant to Subsection H(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 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 to six feet in width. One step shall be located approximately 2 1/2 feet below the permanent water surface, and the second step shall be located one to 1 1/2 feet above the permanent water surface. See Subsection H(5) for an illustration of safety ledges in a stormwater management BMP; and
[3]
In new stormwater management BMPs, the maximum interior slope
for an earthen dam, embankment, or berm shall not be steeper than
three horizontal to one vertical.
(4)
Variance or exemption from safety standard. A variance or exemption
from the safety standards for stormwater management BMPs may be granted
only upon a written finding by the municipality that the variance
or exemption will not constitute a threat to public safety.
I.
Requirements for a site development stormwater plan.:
(1)
Submission of site development stormwater plan.
(a)
Whenever an applicant seeks municipal approval of a development subject to this section, the applicant shall submit all of the required components of the checklist for the site development stormwater plan at Subsection I(3) below as part of the submission of the application for approval.
(b)
The applicant shall demonstrate that the project meets the standards
set forth in this section.
(2)
Site development stormwater plan approval. The applicant's site development
project shall be reviewed as a part of the review process by the municipal
board or official from which municipal approval is sought. That municipal
board or official shall consult the municipality's review engineer
to determine if all of the checklist requirements have been satisfied
and to determine if the project meets the standards set forth in this
section.
(3)
Submission of site development stormwater plan. The following information
shall be required:
(a)
Topographic base map. The reviewing engineer may require upstream
tributary drainage system information as necessary. It is recommended
that the topographic base map of the site be submitted which extends
a minimum of 200 feet beyond the limits of the proposed development,
at a scale of one inch equals 200 feet or greater, showing two-foot
contour intervals. The map as appropriate may indicate the following:
existing surface water drainage, shorelines, steep slopes, soils,
erodible soils, perennial or intermittent streams that drain into
or upstream of the Category One waters, wetlands and floodplains along
with their appropriate buffer strips, marshlands and other wetlands,
pervious or vegetative surfaces, existing man-made structures, roads,
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 surroundings
should be submitted. This description should include a discussion
of soil conditions, slopes, wetlands, waterways and vegetation on
the site. Particular attention should be given to unique, unusual,
or environmentally sensitive features and to those that provide particular
opportunities or constraints for development.
(c)
Project description and site plans. A map (or maps) at the scale
of the topographical base map indicating the location of existing
and proposed buildings roads, parking areas, utilities, structural
facilities for stormwater management and sediment control, and other
permanent structures. The map(s) shall also clearly show areas where
alterations will occur in the natural terrain and cover, including
lawns and other landscaping, and seasonal high groundwater elevations.
A written description of the site plan and justification for proposed
changes in natural conditions shall also be provided.
(d)
Land use planning and source control plan. This plan shall provide a demonstration of how the goals and standards of Subsections C through E are being met. The focus of this plan shall be to describe how the site is being developed to meet the objective of controlling groundwater recharge, stormwater quality and stormwater quantity problems at the source by land management and source controls whenever possible.
(e)
Stormwater management facilities map. The following information,
illustrated on a map of the same scale as the topographic base map,
shall be included:
[1]
Total area to be disturbed, paved or built upon, proposed surface
contours, land area to be occupied by the stormwater management facilities
and the type of vegetation thereon, and details of the proposed plan
to control and dispose of stormwater.
[2]
Details of all stormwater management facility designs, during
and after construction, including discharge provisions, discharge
capacity for each outlet at different levels of detention and emergency
spillway provisions with maximum discharge capacity of each spillway.
(f)
Calculations.
[1]
Comprehensive hydrologic and hydraulic design calculations for the 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 depend
on the hydrologic properties of soils or require certain separation
from the seasonal high water table, then a soils report shall be submitted.
The soils report shall be based on onsite 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 municipality's review engineer, waive submission of any of the requirements in Subsection I(3)(a) through I(3)(f) of this section when it can be demonstrated that the information requested is impossible to obtain or it would create a hardship on the applicant to obtain and its absence will not materially affect the review process.
J.
Maintenance and repair.
(2)
General maintenance.
(a)
The design engineer shall prepare a maintenance plan for the
stormwater management measures incorporated into the design of a major
development.
(b)
The maintenance plan shall contain specific preventative maintenance
tasks and schedules; cost estimates, including estimated cost of sediment,
debris, or trash removal; and the name, address, and telephone number
of the person or persons responsible for preventative and corrective
maintenance (including replacement). The plan shall contain information
on BMP location, design, ownership, maintenance tasks and frequencies,
and other details as specified in Chapter 8 of the NJ BMP Manual,
as well as the tasks specific to the type of BMP, as described in
the applicable chapter containing design specifics.
(c)
If the maintenance plan identifies a person other than the property
owner (for example, a developer, a public agency or homeowners' association)
as having the responsibility for maintenance, the plan shall include
documentation of such person's or entity's agreement to assume this
responsibility, or of the owner's obligation to dedicate a stormwater
management facility to such person under an applicable ordinance or
regulation.
(d)
Responsibility for maintenance shall not be assigned or transferred
to the owner or tenant of an individual property in a residential
development or project, unless such owner or tenant owns or leases
the entire residential development or project. The individual property
owner may be assigned incidental tasks, such as weeding of a green
infrastructure BMP, provided the individual agrees to assume these
tasks; however, the individual cannot be legally responsible for all
of the maintenance required.
(e)
If the party responsible for maintenance identified under Subsection J(2)(c) above is not a public agency, the maintenance plan and any future revisions based on Subsection J(2)(g) below shall be recorded upon the deed of record for each property on which the maintenance described in the maintenance plan must be undertaken.
(f)
Preventative and corrective maintenance shall be performed to
maintain the functional parameters (storage volume, infiltration rates,
inflow/outflow capacity, etc.) of the stormwater management measure,
including, but not limited to, repairs or replacement to the structure;
removal of sediment, debris, or trash; restoration of eroded areas;
snow and ice removal; fence repair or replacement; restoration of
vegetation; and repair or replacement of nonvegetated linings.
(g)
The party responsible for maintenance identified under Subsection J(2)(c) above shall perform all of the following requirements:
[1]
Maintain a detailed log of all preventative and corrective maintenance
for the structural stormwater management measures incorporated into
the design of the development, including a record of all inspections
and copies of all maintenance-related work orders;
[2]
Evaluate the effectiveness of the maintenance plan at least
once per year and adjust the plan and the deed as needed; and
(i)
In the event that the stormwater management facility becomes
a danger to public safety or public health, or if it is in need of
maintenance or repair, the municipality shall so notify the responsible
person in writing. Upon receipt of that notice, the responsible person
shall have 14 days to effect maintenance and repair of the facility
in a manner that is approved by the municipal engineer or his designee.
The municipality, in its discretion, may extend the time allowed for
effecting maintenance and repair for good cause. If the responsible
person fails or refuses to perform such maintenance and repair, the
municipality or county may immediately proceed to do so and shall
bill the cost thereof to the responsible person. Nonpayment of such
bill may result in a lien on the property.
(3)
Nothing in this subsection 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.
[Amended 12-27-2005 by Ord. No. O-05-48]
A.
Driveways in rural residential and rural environmental
zones shall have a minimum width of 12 feet for a one-car garage and
18 feet for a two-car garage. The subgrade shall be smooth and even
and shall be compacted by rolling with a two-wheel, five- to eight-ton
roller. There shall then be constructed:
(1)
Base course of two three-inch thick lifts of one-inch
dense graded aggregate base course or six inches of recycled concrete
conforming to New Jersey State Department of Transportation Specifications
8:81 for a total compacted depth of six inches. Compaction shall be
performed after placing each of the three-inch lifts with a two-wheel,
five- to eight-ton roller. The surface course pavement, conforming
to Article 3.10.3 shall consist of two inches (after compaction) of
NJDOT Mix 1-5 bituminous concrete surface pavement. The surface pavement
shall be rolled with a five- to eight-ton roller; or
(2)
Base course consisting of three inches of bituminous concrete stabilized base course, NJDOT Mix 1-2 conforming to and installed in accordance with the New Jersey Department of Transportation Standard Specifications for Road and Bridge Construction (latest revision). The base course shall be constructed in one lift to a total compacted thickness of three inches by rolling with a two-wheel, five- to eight-ton roller. Surface course pavement shall be as designated in Subsection A(1) above; or
(3)
Six inches of concrete surface pavement conforming
to and installed in accordance with the New Jersey Department of Transportation
Standard Specifications for Road and Bridge Construction (latest edition).
Concrete shall be NJDOT Class B concrete with six-by-six No. 6 gauge
welded steel mesh reinforcement placed four inches below the finished
surface. Exposed edges shall be neatly rounded to a radius of 1/2
inch. Transverse and/or longitudinal expansion joints shall be directed
by the Engineer or concrete brick pavers and base material as approved
by the Township Engineer.
(4)
Driveways in rural residential zones shall have a
minimum of twenty-foot paved driveway extending from the edge of pavement
of the existing roadway.
B.
All driveways will be of adequate length and width
to provide off-street parking for a minimum of two cars.
All improvements required under Article X (§ 190-86 et seq.) shall be subject to inspection and approval by the Township Engineer who shall be notified by the developer at least 48 hours prior to the start of construction. No underground installation shall be covered until it has been inspected and given approval by the Township Engineer.
Fire hydrants shall be installed at locations
and of such type and specifications as approved by the Township Engineer
and consistent with the standards of the Insurance Service Organization.
The developer shall install surveyor's monuments
of a size and shape required by the provisions of N.J.S.A. 46:23-9.4.
Such monuments shall be placed in accordance with the above provisions,
certified by a New Jersey licensed professional land surveyor and
shall be subject to approval of the Township Engineer.
The developer shall have permanent markers to
delineate freshwater wetlands and wetlands transition areas which
have been approved by the New Jersey Department of Environmental Protection
pursuant to N.J.A.C. 7:7A-1 et seq. The survey markers shall be consistent
with the metes and bounds deed descriptions of the wetlands lines
and wetlands transition areas approved as part of the freshwater wetlands
permit granted by the NJDEP.