A.
Introduction.
(1)
All developers applying for a minor subdivision shall submit a plat in accordance with the requirements of § 115-9B of this chapter, together with original and two copies of proposed deeds, at least 21 days prior to the date of the regular meeting of the Planning Board. Even if an application for minor subdivision approval is submitted 21 days in advance, it may not be considered at the next regular meeting if it is incomplete or if the Planning Board's agenda is full or if further professional review is required or for any other reason deemed appropriate by the Board.
[Amended 8-12-1988 by Ord. No. 6-10-88]
(4)
As a condition for subdivision approval, the applicant
must submit a receipted tax bill or tax search to the Administrative
Officer.
(5)
Whenever the proposed development requires approval,
pursuant to this act, of a subdivision, site plan or conditional use,
but not a variance pursuant to Subsection d of Section 57 of this
Act (N.J.S.A. 40:55D-70), the Planning Board shall have the power
to grant to the same extent and subject to the same restrictions as
the Board of Adjustment. The developer may elect to submit a separate
application requesting approval of the variance or direction of the
issuance of a permit and a subsequent application for any required
approval of a subdivision, site plan or conditional use. The separate
approval of the variance or direction of the issuance of a permit
shall be conditioned upon grant of all required subsequent approvals
by the Planning Board. No such subsequent approval shall be granted
unless the approval can be granted without substantial detriment to
the public good and without substantial impairment of the intent and
purpose of the Zone Plan and Zoning Ordinance.[1]
[Added 12-17-1984 by Ord. No. 5-6-84]
[1]
Editor's Note: Former Subsection A(6), regarding applications
for Class III minor subdivisions, added 12-20-1999 by Ord. No. 10-18-99,
was repealed 10-1-2015 by Ord. No. 18-11-2015. Former Subsection A(7),
regarding hydrogeological reports and pump testing, added 8-2-2005
by Ord. No. 13-8-2005, was repealed 10-4-2005 by Ord. No. 13-11-2005.
B.
Procedure.
(1)
Submission of plat.
[Amended 8-12-1988 by Ord. No. 6-10-88; 4-20-1992 by Ord. No. 8-6-92; 7-19-1999 by Ord. No. 10-10-99; 4-3-2007 by Ord. No. 14-05-2007]
(a)
Twenty-seven paper prints of the plat and one copy of a CADD drawing of the plat, on a standard compact disk in ".dxf" format [All required information appearing on the plat shall appear on separate layers of the drawing. Text shall also appear on a separate layer of the drawing. The file must be drawn at its real New Jersey plane coordinates (NJPCS) NAD83 (or the most current state plane coordinate system) position and the view must be unrotated so that the NJPCS North points orthographically up (vertical) in the screen. The drawing shall identify, at a minimum, three monument markers distributed around the corners of the tract; these monument markers shall be identified in United States survey feet.], together with 27 copies of a completed application and 27 copies of a completed checklist and the filing and escrow fees as required in § 115-8, shall be filed with the Administrative Officer. The subdivision shall not be classified until a complete application has been submitted.
(b)
Upon receipt of a complete application, the
Administrative Officer shall retain the electronic copy and one copy
of all other materials for his file and shall distribute copies of
the plat, application and checklist as follows:
[1]
County Planning Board, three copies.
[2]
Secretary of the Kingwood Township Planning
Board, 11 copies.
[3]
Planning Board Attorney, one copy.
[4]
Township Engineer, one copy.
[5]
Township Assessor, one copy.
[6]
Township Building Inspector, one copy.
[7]
Township Environmental Commission, four copies.
[8]
Township Fire Company, one copy.
[9]
Open Space Advisory Committee, one copy.
[10]
Township Planner, one copy of all plans for
Class II minor subdivisions.
[Amended 10-1-2015 by Ord. No. 18-11-2015]
[11]
Township Hydrogeologist, one copy.
(c)
The Administrative Officer shall turn the fee
over to the Chief Financial Officer.
(2)
When classified as a minor subdivision by the Kingwood
Township Planning Board:
(a)
The plat original shall be marked classified
as a "minor subdivision."
(b)
Time limit.
[Amended 12-17-1984 by Ord. No. 5-6-84]
[1]
Minor subdivision approval shall be granted
or denied within 45 days of the date of submission of a complete application
to the Administrative Officer or within such further time as may be
consented to by the applicant. Failure of the Planning Board to act
within such time shall constitute such minor subdivision approval,
and a certificate of the Administrative Officer as to the failure
of the Planning Board to act shall be issued on request of the applicant;
and it shall be sufficient in lieu of the written endorsement or other
evidence of approval herein required and shall be so accepted by the
county recording officer for purposes of filing subdivisions plats.
[2]
An application for development shall be complete
for purposes of commencing the applicable time period for action by
the Planning Board when so certified by the Planning Board or its
authorized committee or designee. In the event that the Planning Board,
committee or designee does not certify the application to be complete
within 45 days of the date of its submission, the application shall
be deemed completed upon the expiration of the forty-five-day period
for purposes of commencing the applicable time period, unless the
application lacks information indicated on a checklist[2] adopted by ordinance and provided to the applicant, and
the Planning Board or its authorized committee or designee has notified
the applicant, in writing, of the deficiencies in the application
within 45 days of submission of the application. The applicant may
request that one or more of the submission requirements be waived,
in which event the Planning Board or its authorized committee shall
grant or deny the request within 45 days. Nothing herein shall be
construed as diminishing the applicant's obligation to prove in the
application process that he/she is entitled to approval of the application.
The Planning Board may subsequently require correction of any information
found to be in error and submission of additional information not
specified in the ordinance or any revisions in the accompanying documents
as are reasonably necessary to make an informed decision as to whether
the requirements necessary for approval of the application for development
have been met. The application shall not be deemed incomplete for
lack of any such additional information or any revisions in the accompanying
documents so required by the Planning Board.
[2]
Editor's Note: See "Checklist for Subdivisions" included as an attachment to this chapter.
(c)
Whenever review or approval of the application
by the County Planning Board is required, the Kingwood Township Planning
Board shall condition any approval that it grants upon timely receipt
of a favorable report on the application by the County Planning Board
or approval by the County Planning Board by its failure to report
thereon within the required time period.
C.
Approval of a minor subdivision shall expire 190 days
from the date of municipal approval unless within such period a plat
in conformity with such approval and the provisions of the Map Filing
Law, P.L. 1960, c. 141, (N.J.S.A. 46:26B-1 et seq.), or a deed clearly
describing the approved minor subdivision, is filed by the developer
with the county recording officer, the Municipal Engineer and the
Municipal Tax Assessor. Any such plat or deed accepted for such filing
shall have been signed by the Chairman and Secretary of the Planning
Board. In reviewing the application for development for a proposed
minor subdivision, the Planning Board may be permitted by ordinance
to accept a plat not in conformity with the Map Filing Act, P.L. 1960,
c. 141, (N.J.S.A. 46:26B-1 et seq.), provided that if the developer
chooses to file the minor subdivision as provided herein by plat rather
than deed, such plat shall conform to the provisions of said Act.
D.
The zoning requirements and general terms and conditions,
whether conditional or otherwise, upon which minor subdivision approval
was granted, shall not be changed for a period of two years after
the date of minor subdivision approval, provided that the approved
minor subdivision shall have been duly recorded as provided in this
section.
A.
Procedure.
(1)
Twenty-seven copies each of a qualifying plan and the proposed subdivision plat for preliminary approval and one copy of a CADD drawing of the qualifying plan and plat, on a standard compact disk in ".dxf" format [All required information appearing on the plat shall appear on separate layers of the drawing. Text shall also appear on a separate layer of the drawing. The file must be drawn at its real New Jersey plane coordinates (NJPCS) NAD83 (or the most current state plane coordinate system) position, and the view must be unrotated so that the NJPCS North points orthographically up (vertical) in the screen. The drawing shall identify, at a minimum, three monument markers distributed around the corners of the tract; these monument markers shall be identified in United States survey feet.], together with 27 copies of a completed application and 27 copies of a completed checklist and the filing and escrow fees as required in § 115-8 and such other information as is reasonably necessary to make an informed decision as to whether the requirements necessary for preliminary approval have been met, shall be filed with the Administrative Officer. The qualifying plan, plat and other engineering documents to be submitted shall be required in tentative form for discussion purposes for preliminary approval. If the application for development is found to be incomplete, the developer shall be notified thereof within 45 days of submission of such application or it shall be deemed to be properly submitted.
[Amended 8-12-1988 by Ord. No. 6-10-88; 4-20-1992 by Ord. No. 8-6-92; 3-7-2006 by Ord. No.
13-20-2006; 4-4-2006 by Ord. No. 13-21-2006; 4-3-2007 by Ord. No. 14-05-2007]
(2)
The copies of the plat and other documents, together with the filing fee, shall be filed and distributed as provided in § 115-4B(1)(b) and (c).
(3)
If the Planning Board required any substantial amendment
in the layout of improvements proposed by the developer that have
been the subject of a hearing, an amended application shall be submitted
and proceeded upon as in the case of the original application for
development. The Planning Board shall, if the proposed subdivision
complies with this chapter and the Land Use Act, grant preliminary
approval to the subdivision.
(4)
Time limit.
[Amended 12-17-1984 by Ord. No. 5-6-84]
(a)
Upon the submission to the Administrative Officer
of a complete application for a subdivision of 10 or fewer lots, the
Planning Board shall grant or deny preliminary approval within 45
days of the date of such submission or within such further time as
may be consented to by the developer. Upon the submission of a complete
application for a subdivision of more than 10 lots, the Planning Board
shall grant or deny preliminary approval within 95 days of the date
of such submission or within such further time as may be consented
to by the developer. Otherwise, the Planning Board shall be deemed
to have granted preliminary approval to the subdivision.
(b)
Completeness of the application shall be determined as per § 115-4B(2)(b)[2].
(5)
The plat shall serve as a key map to subdivisions
subsequently laid out in sections on separate plats for final approval.
(7)
Notification. The Secretary of the Planning Board
shall cause notice of a public hearing on the preliminary application
to be published in the official newspaper of the Township at least
10 days prior to the date set for hearing. The subdivider shall give
notice of the hearing on the application pursuant to the requirements
of the Municipal Land Use Law (N.J.S.A. 40:55D-12), its amendments
and supplements thereto. Said notice shall state the time and place
of the hearing, a brief description of the subdivision and the announcement
that a copy of said plat has been filed with the Township Clerk for
public inspection. The applicant shall file an affidavit of proof
of service with the Planning Board.
(8)
Procedure for approval.
(a)
A hearing shall be scheduled by the Planning Board Secretary and held not less than 10 days prior to the date the Planning Board is required to act pursuant to the terms of this chapter and the Municipal Land Use Law, including any extensions of time as may be consented to by the applicant. The applicant shall be advised of the hearing date at least 20 days prior thereto. At the hearing, the Planning Board shall determine if cluster development will be required or permitted, as the case may be, based on the purposes for requiring or permitting, and the standards for, cluster development set forth in § 132-30J through L.
[Amended 3-7-2006 by Ord. No. 13-20-2006]
(b)
Reports.
[1]
The Township Engineer shall prepare and submit
a report of findings for Planning Board consideration and action prior
to the hearing.
[2]
Whenever review or approval of the application
by the County Planning Board is required, the Township Planning Board
shall condition any approval that it grants upon timely receipt of
a favorable report on the application by the County Planning Board
or approval by the County Planning Board by its failure to report
thereon within the required time period.
[3]
For each and every application, a copy of the
plat shall be forwarded to the Kingwood Township Fire Company for
review of fire protection features. The Kingwood Township Fire Company
shall thereupon review the application and prepare and file a written
report with the Planning Board as to the extent and location of fire
protection features that shall be required for the development.
[Added 4-3-2007 by Ord. No. 14-05-2007]
[4]
For each and every application, a copy of the
plat shall be forwarded to the Kingwood Township Planner for review
and comment.
[Added 4-3-2007 by Ord. No. 14-05-2007]
[5]
For each and every application, a copy of the
plat shall be forwarded to the Kingwood Township Hydrogeologist for
review and comment and for purposes of reviewing and approving well
and aquifer test plans and tests as may be required by applicable
ordinance.
[Added 4-3-2007 by Ord. No. 14-05-2007]
(c)
A copy of the action taken by the Township Planning
Board shall be forwarded to the applicant or his representative who
appeared for him/her within 10 days of the hearing, to the Township
Clerk and to the Township Engineer. Each decision shall be in writing
and shall include findings of facts and conclusions based thereon.
(d)
If the Planning Board approves the preliminary
plat and all conditions have been met, the Chairman of the Board shall
sign the preliminary plat original with a notation that it has received
approval, which shall then be returned to the applicant for compliance
with final subdivision approval requirements as provided in this chapter;
provided, however, that prior to the return of the original tracing,
the applicant shall have provided the Township Engineer with a complete
set of Mylar or other suitable base reproducibles of the plat.
B.
Effect of preliminary approval.
(1)
Preliminary approval of a major subdivision or of a site plan shall, except as provided in Subsection B(2) of this section, confer upon the applicant the following rights for a three-year period from the date of the preliminary approval:
(a)
That the general terms and conditions on which
preliminary approval was granted shall not be changed, including but
not limited to use requirements; layout and design standards for streets,
curbs and sidewalks; lot size; yard dimensions and off-tract improvements;
and, in the case of a site plan, any requirements peculiar to site
plan approval pursuant to N.J.S.A. 40:55D-41; except that nothing
herein shall be construed to prevent the municipality from modifying
by ordinance such general terms and conditions of preliminary approval
as relate to public health and safety.
(b)
That the applicant may submit for final approval
on or before the expiration date of preliminary approval the whole
or a section or sections of the preliminary subdivision plat or site
plan, as the case may be.
(c)
That the applicant may apply for and the Planning
Board may grant extensions on such preliminary approval for additional
periods of at least one year but not to exceed a total extension of
two years; provided that if the design standards have been revised
by ordinance, such revised standards may govern.
(2)
In the case of a subdivision of or site plan for an area of 50 acres or more, the Planning Board may grant the rights referred to in Subsection B(1)(a), (b) and (c) above for such period of time, longer than three years, as shall be determined by the Planning Board to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval, economic conditions and the comprehensiveness of the development. The applicant may apply for thereafter and the Planning Board may thereafter grant an extension to preliminary approval for such additional period of time as shall be determined by the Planning Board to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval, the potential number of dwelling units and nonresidential floor area of the section or sections awaiting final approval, economic conditions and the comprehensiveness of the development; provided that if the design standards have been revised, such revised standards may govern.
A.
Improvements prior to final approval. Before consideration
of a final subdivision plat, the subdivider shall have installed the
improvements required under the provisions of this chapter, except
sidewalks and final paving course of all streets and roads. Prior
to the start of any construction of such improvements, the subdivider
shall submit for approval by the Township Engineer and the Planning
Board the following:
B.
Introduction.
(1)
A final plat and supporting drawings and documents
for a proposed subdivision constitute the complete development of
the subdivision proposal and include the recommendations resulting
from the Planning Board review of the preliminary plat as well as
the improvements and utility plans. After public hearing and approval
by the Planning Board, this complete submission, accompanied by the
performance guaranty as approved by the Township Committee for those
improvements which are not required to be completed prior to consideration
of the final subdivision plat, becomes the basis for the construction
of the uncompleted portions of the subdivision. The plat itself must
be recorded at the County Clerk's office to have legal status. An
unrecorded plat is not a valid basis for completion of site improvements
or other commitments.
(2)
The final plat itself shall be an accurate survey
record of the properties resulting from the subdivision.
(3)
All final plats shall be prepared in accordance with
the requirements of the Map Filing Law, P.L. 1960, c. 141 (N.J.S.A.
46:26B-1 et seq.).
C.
Procedures.
(1)
Procedure to be followed by the applicant.
(a)
The final plat shall be submitted to the administrative
officer.
(b)
The submission shall include the following:
[1]
Twenty-seven copies of the application for final
plat approval.
[Amended 4-3-2007 by Ord. No. 14-05-2007]
[2]
Twenty-seven paper prints of the final plat
and one copy of a CADD drawing of the final plat, on a standard compact
disk in ".dxf" format. All required information appearing on the plat
shall appear on separate layers of the drawing. Text shall also appear
on a separate layer of the drawing. The file must be drawn at its
real New Jersey plane coordinates (NJPCS) NAD83 (or the most current
state plane coordinate system) position, and the view must be unrotated
so that the NJPCS North points orthographically up (vertical) in the
screen. The drawing shall identify, at a minimum, three monument markers
distributed around the corners of the tract. These monument markers
shall be identified in United States survey feet.
[Amended 8-12-1988 by Ord. No. 6-10-88; 4-20-1992 by Ord. No. 8-6-1992; 4-3-2007 by Ord. No.
14-05-2007]
[3]
Evidence of the completion of all improvements
except sidewalks and final paving course of all streets.
[4]
Twenty-seven copies of a letter, in appropriate
cases, directed to the Chairman of the Planning Board, signed by a
responsible official of the state or county highway department, approving
construction of the state or county rights-of-way.
[Amended 4-3-2007 by Ord. No. 14-05-2007]
[5]
Five copies of deeds of dedication for all properties
containing street rights-of-way, storm sewers and sanitary sewers
which are being offered to the Township for dedication.
(2)
Procedure to be followed by the Township Engineer
and Planning Board Secretary.
(b)
The Administrative Officer shall retain one
copy of the complete application and forward the remaining copies
to the Planning Board Secretary, who shall distribute them as follows:
[1]
Hunterdon County Planning Board, three copies
of plat.
[2]
Planning Board Secretary, 11 copies.
[Amended 8-12-1988 by Ord. No. 6-10-88; 4-3-2007 by Ord. No. 14-05-2007]
[3]
Township Clerk (for public inspection), one
copy of plat.
[4]
Planning Board Attorney, one copy.
[5]
Township Engineer, one copy.
[6]
Township Environmental Commission, four copies.
[Added 4-3-2007 by Ord. No. 14-05-2007]
[7]
Township Fire Company, one copy.
[Added 4-3-2007 by Ord. No. 14-05-2007]
[8]
Township Planner, one copy.
[Added 4-3-2007 by Ord. No. 14-05-2007]
[9]
Township Hydrogeologist, one copy.
[Added 4-3-2007 by Ord. No. 14-05-2007]
D.
Procedure for approval.
(1)
A hearing shall be scheduled by the Planning Board
Secretary and held not less than 10 days prior to the date the Planning
Board is required to act pursuant to the terms of this chapter and
the Municipal Land Use Law, including any extensions as may be consented
to by the applicant. The Secretary shall advise the applicant of the
meeting date.
(2)
The Township Engineer shall prepare and submit a report
of findings for Planning Board consideration and action prior to the
hearing.
(3)
Final approval shall be granted or denied within 45
days after submission of a complete application to the administrative
officer or within such further time as may be consented to by the
applicant. Failure to act within such time shall constitute approval.
(4)
Whenever review or approval of the application by
the County Planning Board is required, the Township Planning Board
shall condition any approval that it grants upon timely receipt of
a favorable report on the application by the County Planning Board
or approval by the County Planning Board by its failure to report
thereon within the required time period.
(5)
If the plat is approved, the subdivider shall carry
out the following steps prior to obtaining the Chairman's signature
of approval:
(a)
Make all required corrections to the satisfaction
of the Planning Board.
(6)
The Chairman and Secretary of the Planning Board shall
sign and date the final plat upon the following authorization:
(8)
The Planning Board Secretary shall distribute the
final plat drawings in the following manner:
(a)
The Secretary shall retain one opaque cloth
print and two paper prints.
(b)
To the Township Engineer, one paper print of
plat and one Mylar tracing.
(c)
To the Township Building Inspector, one paper
print.
(d)
To the Township Tax Assessor, one paper print.
(e)
To the County Planning Board, one paper print.
(f)
To the Township Clerk, one opaque cloth print
for Township records.
(10)
Planning Board approval of a final plat shall
not be deemed an acceptance by the Township of any street or other
land shown or offered for dedication to public use.
E.
Recording of final approval of major subdivisions;
filing of all subdivision plats.
(1)
Final approval of a major subdivision shall expire
95 days from the date of signing of the plat unless within such period
the plat shall have been duly filed by the developer with the county
recording officer. The Planning Board may, for good cause shown, extend
the period for recording for an additional period not to exceed 190
days from the date of signing of the plat.
(2)
No subdivision plat shall be accepted for filing by
the county recording officer until it has been approved by the Planning
Board as indicated on the instrument by the signature of the Chairman
and Secretary of the Planning Board or a certificate has been issued
pursuant to this chapter. The signatures of the Chairman and Secretary
of the Planning Board shall not be affixed until the developer has
posted the guaranties required by this chapter. If the county recording
officer records any plat without such approval, such recording shall
be deemed null and void, and upon request of the municipality, the
plat shall be expunged from the official records.
(3)
It shall be the duty of the county recording officer
to notify the Planning Board in writing within seven days of the filing
of any plat, identifying such instrument by its title, date of filing
and official number.
F.
Resolution. The Planning Board shall include findings
of fact and conclusions based thereon in each decision on any application
for development and shall reduce the decision to writing. The Planning
Board shall provide the findings and conclusions through a resolution
adopted at a meeting held within the time period provided in the Act
for action by the Planning Board on the application for development
or a memorializing resolution adopted at a meeting held not later
than 45 days after the date of the meeting at which the Planning Board
voted to grant or deny approval. Only the members of the Planning
Board who voted for the action taken may vote on the memorializing
resolution, and the vote of a majority of such members present at
the meeting at which the resolution was presented for adoption shall
be sufficient to adopt the resolution. An action pursuant to Section
5 of the Act (N.J.S.A. 40:55D-9) (resulting from the failure of a
motion to approve an application) shall be memorialized by resolution
as provided above, with those members voting against the motion for
approval being the members eligible to vote on the memorializing resolution.
The vote on any such resolution shall be deemed to be a memorialization
of the action of the Planning Board and not to be an action of the
Planning Board; however, the date of the adoption of the resolution
shall constitute the date of the decision for purposes of the mailings,
filings and publication required by law, of this section (N.J.S.A.
40:55D-10). If the Planning Board fails to adopt a resolution or memorializing
resolution as hereinabove specified, any interested party may apply
to the Superior Court in a summary manner for an order compelling
the Planning Board to reduce its findings and conclusions to writing
within a stated time and the cost of the application, including attorney's
fees, shall be assessed against the municipality.
[Added 12-17-1985 by Ord. No. 5-6-84]
[Added 7-19-1999 by Ord.
No. 10-10-99; amended 5-2-2006 by Ord. No. 13-25-2006; 3-4-2021 by Ord. No. 21-05-2021]
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
(GIBMPs) and nonstructural stormwater management strategies. GIBMPs
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. GIBMPs 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)
(2)
DISTURBANCE
DRAINAGE AREA
EMPOWERMENT NEIGHBORHOODS
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)
(3)
(4)
(5)
MOTOR VEHICLE
MOTOR VEHICLE SURFACE
MUNICIPALITY
NEW JERSEY STORMWATER BEST MANAGEMENT PRACTICES (BMP) MANUAL
or BMP MANUAL
(1)
(2)
NODE
NUTRIENT
PERSON
POLLUTANT
RECHARGE
REGULATED IMPERVIOUS SURFACE
(1)
(2)
(3)
(4)
REGULATED MOTOR VEHICLE SURFACE
(1)
(2)
SEDIMENT
SITE
SOIL
STATE DEVELOPMENT AND REDEVELOPMENT PLAN METROPOLITAN PLANNING
AREA (PA1)
STATE PLAN POLICY MAP
STORMWATER
STORMWATER MANAGEMENT BMP
STORMWATER MANAGEMENT MEASURE
STORMWATER MANAGEMENT PLANNING AGENCY
STORMWATER MANAGEMENT PLANNING AREA
STORMWATER RUNOFF
TIDAL FLOOD HAZARD AREA
URBAN COORDINATING COUNCIL EMPOWERMENT NEIGHBORHOOD
URBAN ENTERPRISE ZONES
URBAN REDEVELOPMENT AREA
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 Board of Chosen Freeholders
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 water body or
to a particular point along a receiving water body.
Neighborhoods designated by the Urban Coordinating Council
in consultation and conjunction with the New Jersey Redevelopment
Authority pursuant to N.J.S.A. 55:19-69.
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
well head protection and groundwater recharge areas. Habitats of endangered
or threatened species are identified using the Department's Landscape
Project as approved by the Department's Endangered and Nongame Species
Program.
The detachment and movement of soil or rock fragments by
water, wind, ice, or gravity.
A 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."
"Major development" means an individual "development," as well
as multiple developments that individually or collectively result
in the disturbance of one or more acres of land since February 2,
2004.
"Major development" includes all developments that are part
of a common plan of development or sale (for example, phased residential
development) that collectively or individually result in the disturbance
of one or more acres of land since February 2, 2004. Projects undertaken
by any government agency that otherwise meet the definition of "major
development" but which do not require approval under the Municipal
Land Use Law, N.J.S.A. 40:55D-1 et seq., are also considered "major
development."
Additionally, individual municipalities may define major development
with a smaller area of disturbance, a smaller area of regulated impervious
or motor vehicle surface, or both.
Land vehicles propelled other than by muscular power, such
as automobiles, motorcycles, autocycles, and low speed vehicles. For
the purposes of this definition, "motor vehicle" does not include
farm equipment, snowmobiles, all-terrain vehicles, motorized wheelchairs,
go-carts, gas buggies, golf carts, ski slope grooming machines, or
vehicles that run only on rails or tracks.
Any pervious or impervious surface that is intended to be
used by motor vehicles and/or aircraft, and is directly exposed to
precipitation, including, but not limited to, driveways, parking areas,
parking garages, roads, racetracks, and runways.
Any city, borough, town, township, or village.
The manual maintained by the Department providing, in part,
design specifications, removal rates, calculation methods, and soil
testing procedures approved by the Department as being capable of
contributing to the achievement of the stormwater management standards
specified in this chapter. The BMP Manual is periodically amended
by the Department as necessary to provide design specifications on
additional best management practices and new information on already
included practices reflecting the best available current information
regarding the particular practice and the Department's determination
as to the ability of that best management practice to contribute to
compliance with the standards contained in this chapter.
Alternative stormwater management measures, removal rates, or
calculation methods may be utilized, subject to any limitations specified
in this chapter, provided the design engineer demonstrates to the
municipality, in accordance with Subsection D(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, ground waters
or surface waters of the state, or to a domestic treatment works.
"Pollutant" includes both hazardous and nonhazardous pollutants.
The amount of water from precipitation that infiltrates into
the ground and is not evapotranspired.
Any of the following, alone or in combination:
A net increase 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.
An area delineated on the State Plan Policy Map and adopted
by the State Planning Commission that is intended to be the focus
for much of the state's future redevelopment and revitalization efforts.
The geographic application of the State Development and Redevelopment
Plan's goals and statewide policies, and the Official Map of these
goals and policies.
Water resulting from precipitation (including rain and snow)
that runs off the land's surface, is transmitted to the subsurface,
or is captured by separate storm sewers or other sewage or drainage
facilities, or conveyed by snow removal equipment.
An excavation or embankment and related areas designed to
retain stormwater runoff. A stormwater management BMP may either be
normally dry (that is, a detention basin or infiltration system),
retain water in a permanent pool (a retention basin), or be planted
mainly with wetland vegetation (most constructed stormwater wetlands).
Any practice, technology, process, program, or other method
intended to control or reduce stormwater runoff and associated pollutants,
or to induce or control the infiltration or groundwater recharge of
stormwater or to eliminate illicit or illegal nonstormwater discharges
into stormwater conveyances.
A public body authorized by legislation to prepare stormwater
management plans.
The geographic area for which a stormwater management planning
agency is authorized to prepare stormwater management plans, or a
specific portion of that area identified in a stormwater management
plan prepared by that agency.
Water flow on the surface of the ground or in storm sewers,
resulting from precipitation.
A flood hazard area in which the flood elevation resulting
from the two-, ten-, or 100-year storm, as applicable, is governed
by tidal flooding from the Atlantic Ocean. Flooding in a tidal flood
hazard area may be contributed to, or influenced by, stormwater runoff
from inland areas, but the depth of flooding generated by the tidal
rise and fall of the Atlantic Ocean is greater than flooding from
any fluvial sources. In some situations, depending upon the extent
of the storm surge from a particular storm event, a flood hazard area
may be tidal in the 100-year storm, but fluvial in more frequent storm
events.
A neighborhood given priority access to state resources through
the New Jersey Redevelopment Authority.
A zone designated by the New Jersey Enterprise Zone Authority
pursuant to the New Jersey Urban Enterprise Zones Act, N.J.S.A. 52:27H-60
et. seq.
Previously developed portions of areas:
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
ground water at a frequency and duration sufficient to support, and
that under normal circumstances does support, a prevalence of vegetation
typically adapted for life in saturated soil conditions, commonly
known as "hydrophytic vegetation."
C.
Design and performance standards for stormwater management measures.
(1)
Stormwater management measures for major development shall be
designed to provide erosion control, groundwater recharge, stormwater
runoff quantity control, and stormwater runoff quality treatment as
follows:
(a)
The minimum standards for erosion control are those established
under the Soil and Sediment Control Act, N.J.S.A. 4:24-39 et seq.,
and implementing rules at N.J.A.C. 2:90.
(b)
The minimum standards for groundwater recharge, stormwater quality,
and stormwater runoff quantity shall be met by incorporating green
infrastructure.
(2)
The standards in this section apply only to new major development
and are intended to minimize the impact of stormwater runoff on water
quality and water quantity in receiving water bodies and maintain
groundwater recharge. The standards do not apply to new major development
to the extent that alternative design and performance standards are
applicable under a regional stormwater management plan or water quality
management plan adopted in accordance with Department rules.
D.
Stormwater management requirements for major development.
(1)
The development shall incorporate a maintenance plan for the stormwater management measures incorporated into the design of a major development in accordance with Subsection J.
(2)
Stormwater management measures shall avoid adverse impacts of
concentrated flow on habitat for threatened and endangered species
as documented in the Department's Landscape Project or Natural Heritage
Database established under N.J.S.A. 13:1B-15.147 through 15.150, particularly
Helonias bullata (swamp pink) and/or Clemmys muhlnebergi (bog turtle).
(3)
The following linear development projects are exempt from the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity requirements of Subsection D(16), (17) and (18):
(a)
The construction of an underground utility line, provided that
the disturbed areas are revegetated upon completion;
(b)
The construction of an aboveground utility line, provided that
the existing conditions are maintained to the maximum extent practicable;
and
(c)
The construction of a public pedestrian access, such as a sidewalk
or trail with a maximum width of 14 feet, provided that the access
is made of permeable material.
(4)
A waiver from strict compliance from the green infrastructure, groundwater recharge, stormwater runoff quality, and stormwater runoff quantity requirements of Subsection D(15), (16), (17) and (18) may be obtained for the enlargement of an existing public roadway or railroad; or the construction or enlargement of a public pedestrian access, provided that the following conditions are met:
(a)
The applicant demonstrates that there is a public need for the
project that cannot be accomplished by any other means;
(d)
The applicant demonstrates that it does not own or have other rights to areas, including the potential to obtain through condemnation lands not falling under Subsection D(4)(c) above within the upstream drainage area of the receiving stream, that would provide additional opportunities to mitigate the requirements of Subsection D(15), (16), (17) and (18) that were not achievable on-site.
(5)
Tables 1 through 3 below summarize the ability of stormwater best management practices identified and described in the New Jersey Stormwater Best Management Practices Manual to satisfy the green infrastructure, groundwater recharge, stormwater runoff quality and stormwater runoff quantity standards specified in Subsection D(15), (16), (17) and (18). When designed in accordance with the most current version of the New Jersey Stormwater Best Management Practices Manual, the stormwater management measures found at N.J.A.C. 7:8-5.2 (f) Tables 5-1, 5-2 and 5-3 and listed below in Tables 1, 2 and 3 are presumed to be capable of providing stormwater controls for the design and performance standards as outlined in the tables below. Upon amendments of the New Jersey Stormwater Best Management Practices to reflect additions or deletions of BMPs meeting these standards, or changes in the presumed performance of BMPs designed in accordance with the New Jersey Stormwater BMP Manual, the Department shall publish in the New Jersey Registers a notice of administrative change revising the applicable table. The most current version of the BMP Manual can be found on the Department's website at: https://njstormwater.org/bmp_manual2.htm.
(6)
Where the BMP tables in the NJ Stormwater Management 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
(percent)
|
Stormwater Runoff Quantity
|
Groundwater Recharge
|
Minimum Separation from Seasonal High Water Table
(feet)
|
|
Cistern
|
0%
|
Yes
|
No
|
—
|
|
Dry well(a)
|
0%
|
No
|
Yes
|
2
|
|
Grass swale
|
50% or less
|
No
|
No
|
2(e)
1(f)
|
|
Green roof
|
0%
|
Yes
|
No
|
—
|
|
Manufactured treatment device(a) (g)
|
50% or 80%
|
No
|
No
|
Dependent upon the device
|
|
Pervious paving system(a)
|
80%
|
Yes
|
Yes(b)
No(c)
|
2(b)
1(c)
|
|
Small-scale bioretention basin(a)
|
80% or 90%
|
Yes
|
Yes(b)
No(c)
|
2(b)
1(c)
|
|
Small-scale infiltration basin(a)
|
80%
|
Yes
|
Yes
|
2
|
|
Small-scale sand filter
|
80%
|
Yes
|
Yes
|
2
|
|
Vegetative filter strip
|
60% to 80%
|
No
|
No
|
—
|
|
(Notes corresponding to annotations(a) through (g) are found on Page D-15)[1]
|
|
Table 2
Green Infrastructure BMPs for Stormwater Runoff Quantity (or
for Groundwater Recharge and/or Stormwater Runoff Quality with a Waiver
or Variance from N.J.A.C. 7:8-5.3)
| ||||
|---|---|---|---|---|
|
Best Management Practice
|
Stormwater Runoff Quality TSS Removal Rate
(percent)
|
Stormwater Runoff Quantity
|
Groundwater Recharge
|
Minimum Separation from Seasonal High Water Table
(feet)
|
|
Bioretention system
|
80% or 90%
|
Yes
|
Yes(b)
No(c)
|
2(b)
1(c)
|
|
Infiltration basin
|
80%
|
Yes
|
Yes
|
2
|
|
Sand filter(b)
|
80%
|
Yes
|
Yes
|
2
|
|
Standard constructed wetland
|
90%
|
Yes
|
No
|
N/A
|
|
Wet pond(d)
|
50% to 90%
|
Yes
|
No
|
N/A
|
|
(Notes corresponding to annotations (b) through (d) are found on Page D-15)[2]
|
|
Table 3
BMPs for Groundwater Recharge, Stormwater Runoff Quality, and/or
Stormwater Runoff Quantity only with a Waiver or Variance from N.J.A.C.
7:8-5.3
| ||||
|---|---|---|---|---|
|
Best Management Practice
|
Stormwater Runoff Quality TSS Removal Rate
(percent)
|
Stormwater Runoff Quantity
|
Groundwater Recharge
|
Minimum Separation from Seasonal High Water Table
(feet)
|
|
Blue roof
|
0%
|
Yes
|
No
|
N/A
|
|
Extended detention basin
|
40% to 60%
|
Yes
|
No
|
1
|
|
Manufactured treatment device(h)
|
50% or 80%
|
No
|
No
|
Dependent upon the device
|
|
Sand filter(c)
|
80%
|
Yes
|
No
|
1
|
|
Subsurface gravel wetland
|
90%
|
No
|
No
|
1
|
|
Wet pond
|
50% to 90%
|
Yes
|
No
|
N/A
|
|
Notes 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 10-foot-wide area of native
vegetation along at least 50% of the shoreline and to include a stormwater
runoff retention component designed to capture stormwater runoff for
beneficial reuse, such as irrigation.
|
|
(e)
|
Designed with a slope of less than 2%.
|
|
(f)
|
Designed with a slope of equal to or greater than 2%.
|
|
(g)
|
Manufactured treatment devices that meet the definition of green infrastructure at Subsection B.
|
|
(h)
|
Manufactured treatment devices that do not meet the definition of green infrastructure at Subsection B.
|
(7)
An alternative stormwater management measure, alternative removal rate, and/or alternative method to calculate the removal rate may be used if the design engineer demonstrates the capability of the proposed alternative stormwater management measure and/or the validity of the alternative rate or method to the municipality. A copy of any approved alternative stormwater management measure, alternative removal rate, and/or alternative method to calculate the removal rate shall be provided to the Department in accordance with Subsection F(2). Alternative stormwater management measures may be used to satisfy the requirements at Subsection D(15) only if the measures meet the definition of green infrastructure at Subsection B. Alternative stormwater management measures that function in a similar manner to a BMP listed at Subsection D(15)(b) are subject to the contributory drainage area limitation specified at Subsection D(15)(b) for that similarly functioning BMP. Alternative stormwater management measures approved in accordance with this subsection that do not function in a similar manner to any BMP listed at Subsection D(15)(b) shall have a contributory drainage area less than or equal to 2.5 acres, except for alternative stormwater management measures that function similarly to cisterns, grass swales, green roofs, standard constructed wetlands, vegetative filter strips, and wet ponds, which are not subject to a contributory drainage area limitation. Alternative measures that function similarly to standard constructed wetlands or wet ponds shall not be used for compliance with the stormwater runoff quality standard unless a variance in accordance with N.J.A.C. 7:8-4.6 or a waiver from strict compliance in accordance with Subsection D(4) is granted from Subsection D(15).
(8)
Whenever the stormwater management design includes one or more
BMPs that will infiltrate stormwater into subsoil, the design engineer
shall assess the hydraulic impact on the groundwater table and design
the site, so as to avoid adverse hydraulic impacts. Potential adverse
hydraulic impacts include, but are not limited to, exacerbating a
naturally or seasonally high water table, so as to cause surficial
ponding, flooding of basements, or interference with the proper operation
of subsurface sewage disposal systems or other subsurface structures
within the zone of influence of the groundwater mound, or interference
with the proper functioning of the stormwater management measure itself.
(9)
Design standards for stormwater management measures are as follows:
(a)
Stormwater management measures shall be designed to take into
account the existing site conditions, including, but not limited to,
environmentally critical areas; wetlands; flood-prone areas; slopes;
depth to seasonal high water table; soil type, permeability, and texture;
drainage area and drainage patterns; and the presence of solution-prone
carbonate rocks (limestone);
(b)
Stormwater management measures shall be designed to minimize maintenance, facilitate maintenance and repairs, and ensure proper functioning. Trash racks shall be installed at the intake to the outlet structure, as appropriate, and shall have parallel bars with one-inch spacing between the bars to the elevation of the water quality design storm. For elevations higher than the water quality design storm, the parallel bars at the outlet structure shall be spaced no greater than 1/3 the width of the diameter of the orifice or 1/3 the width of the weir, with a minimum spacing between bars of one inch and a maximum spacing between bars of six inches. In addition, the design of trash racks must comply with the requirements of Subsection H(3);
(c)
Stormwater management measures shall be designed, constructed,
and installed to be strong, durable, and corrosion resistant. Measures
that are consistent with the relevant portions of the Residential
Site Improvement Standards at N.J.A.C. 5:21-7.3, 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 subsection, provided the pollutant removal rates are verified by the New Jersey Corporation for Advanced Technology and certified by the Department. Manufactured treatment devices that do not meet the definition of green infrastructure at Subsection B may be used only under the circumstances described at Subsection D(15)(d).
(11)
Any application for a new agricultural development that meets the definition of major development at Subsection B shall be submitted to the Soil Conservation District for review and approval in accordance with the requirements at Subsection D(15), (16), (17) and (18) and any applicable Soil Conservation District guidelines for stormwater runoff quantity and erosion control. For purposes of this subsection, "agricultural development" means land uses normally associated with the production of food, fiber, and livestock for sale. Such uses do not include the development of land for the processing or sale of food and the manufacture of agriculturally related products.
(12)
If there is more than one drainage area, the groundwater recharge,
stormwater runoff quality, and stormwater runoff quantity standards
at Subsection D((16), (17) and (18) shall be met in each drainage
area, unless the runoff from the drainage areas converge on-site and
no adverse environmental impact would occur as a result of compliance
with any one or more of the individual standards being determined
utilizing a weighted average of the results achieved for that individual
standard across the affected drainage areas.
(13)
Any stormwater management measure authorized under the municipal stormwater management plan or ordinance shall be reflected in a deed notice recorded in the Hunterdon County Clerk's Office 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 Hunterdon County Clerk's Office, and shall contain a description and location of the stormwater management measure, as well as reference to the maintenance plan, in accordance with Subsection D(13) above. Prior to the commencement of construction, proof that the above-required deed notice has been filed shall be submitted to the municipality in accordance with Subsection D(13) above.
(15)
Green infrastructure standards.
(a)
This subsection specifies the types of green infrastructure
BMPs that may be used to satisfy the groundwater recharge, stormwater
runoff quality, and stormwater runoff quantity standards.
(b)
To satisfy the groundwater recharge and stormwater runoff quality standards at Subsection D(16) and (17), the design engineer shall utilize green infrastructure BMPs identified in Table 1 at Subsection D(6) and/or an alternative stormwater management measure approved in accordance with Subsection D(7). The following green infrastructure BMPs are subject to the following maximum contributory drainage area limitations:
|
Best Management Practice
|
Maximum Contributory Drainage Area
|
|---|---|
|
Dry well
|
1 acre
|
|
Manufactured treatment device
|
2.5 acres
|
|
Pervious pavement systems
|
Area of additional inflow cannot exceed 3 times the area occupied
by the BMP
|
|
Small-scale bioretention systems
|
2.5 acres
|
|
Small-scale infiltration basin
|
2.5 acres
|
|
Small-scale sand filter
|
2.5 acres
|
(d)
If a variance in accordance with N.J.A.C. 7:8-4.6 or a waiver from strict compliance in accordance with Subsection D(4) is granted from the requirements of this subsection, then BMPs from Table 1, 2, or 3, and/or an alternative stormwater management measure approved in accordance with Subsection D(7) may be used to meet the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at Subsection D(16), (17) and (18).
(e)
For separate or combined storm sewer improvement projects, such as sewer separation, undertaken by a government agency or public utility (for example, a sewerage company), the requirements of this subsection shall only apply to areas owned in fee simple by the government agency or utility, and areas within a right-of-way or easement held or controlled by the government agency or utility; the entity shall not be required to obtain additional property or property rights to fully satisfy the requirements of this subsection. Regardless of the amount of area of a separate or combined storm sewer improvement project subject to the green infrastructure requirements of this subsection, each project shall fully comply with the applicable groundwater recharge, stormwater runoff quality control, and stormwater runoff quantity standards at Subsection D(16), (17) and (18), unless the project is granted a waiver from strict compliance in accordance with Subsection D(4).
(16)
Groundwater recharge standards.
(a)
This subsection contains the minimum design and performance
standards for groundwater recharge as follows:
(b)
The design engineer shall, using the assumptions and factors for stormwater runoff and groundwater recharge calculations at Subsection E, either:
[1]
Demonstrate through hydrologic and hydraulic analysis
that the site and its stormwater management measures maintain 100%
of the average annual preconstruction groundwater recharge volume
for the site; or
[2]
Demonstrate through hydrologic and hydraulic analysis
that the increase of stormwater runoff volume from preconstruction
to post-construction for the two-year storm is infiltrated.
(c)
This groundwater recharge requirement does not apply to projects
within the Urban Redevelopment Area, or to projects subject to 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 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
80% TSS reduction for a site, the applicant shall utilize the following
formula to calculate TSS reduction:
|
R = A + B - (A x B)/100,
|
|
Where:
| ||
|
R
|
=
|
Total TSS percent load removal from application of both BMPs
|
|
A
|
=
|
The TSS percent removal rate applicable to the first BMP
|
|
B
|
=
|
the TSS percent removal rate applicable to the second BMP
|
(f)
Stormwater management measures shall also be designed to reduce, to the maximum extent feasible, the post-construction nutrient load of the anticipated load from the developed site in stormwater runoff generated from the water quality design storm. In achieving reduction of nutrients to the maximum extent feasible, the design of the site shall include green infrastructure BMPs that optimize nutrient removal while still achieving the performance standards in Subsection D(16), (17) and (18).
(g)
In accordance with the definition of "FW1" at N.J.A.C. 7:9B-1.4,
stormwater management measures shall be designed to prevent any increase
in stormwater runoff to waters classified as FW1.
(h)
The Flood Hazard Area Control Act Rules at N.J.A.C. 7:13-4.1(c)1
establish 300-foot riparian zones along Category One waters, as designated
in the Surface Water Quality Standards at N.J.A.C. 7:9B, and certain
upstream tributaries to Category One waters. A person shall not undertake
a major development that is located within or discharges into a 300-foot
riparian zone without prior authorization from the Department under
N.J.A.C. 7:13.
(i)
Pursuant to the Flood Hazard Area Control Act Rules at N.J.A.C.
7:13-11.2(j)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 preconstruction condition,
in the peak runoff rates of stormwater leaving the site for the two-,
ten- and 100-year storm events and that the increased volume or change
in timing of stormwater runoff will not increase flood damage at or
downstream of the site. This analysis shall include the analysis of
impacts of existing land uses and projected land uses assuming full
development under existing zoning and land use ordinances in the drainage
area;
[3]
Design stormwater management measures so that the
post-construction peak runoff rates for the two-, ten- and 100-year
storm events are 50%, 75% and 80%, respectively, of the preconstruction
peak runoff rates. The percentages apply only to the post-construction
stormwater runoff that is attributable to the portion of the site
on which the proposed development or project is to be constructed;
or
[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:
[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:
[a]
http://www.nj.gov/agriculture/divisions/anr/pdf/2014NJSoilErosionControlSt
andardsComplete.pdf.
(b)
For the purpose of calculating runoff coefficients and groundwater recharge, there is a presumption that the preconstruction condition of a site or portion thereof is a wooded land use with good hydrologic condition. The term "runoff coefficient" applies to both the NRCS methodology above at Subsection E(1)(a)[1] and the Rational and Modified Rational Methods at Subsection E(1)(a)[2]. A runoff coefficient or a groundwater recharge land cover for an existing condition may be used on all or a portion of the site if the design engineer verifies that the hydrologic condition has existed on the site or portion of the site for at least five years without interruption prior to the time of application. If more than one land cover has existed on the site during the five years immediately prior to the time of application, the land cover with the lowest runoff potential shall be used for the computations. In addition, there is the presumption that the site is in good hydrologic condition (if the land use type is pasture, lawn, or park), with good cover (if the land use type is woods), or with good hydrologic condition and conservation treatment (if the land use type is cultivation).
(c)
In computing preconstruction stormwater runoff, the design engineer
shall account for all significant land features and structures, such
as ponds, wetlands, depressions, hedgerows, or culverts, that may
reduce preconstruction stormwater runoff rates and volumes.
(d)
In computing stormwater runoff from all design storms, the design
engineer shall consider the relative stormwater runoff rates and/or
volumes of pervious and impervious surfaces separately to accurately
compute the rates and volume of stormwater runoff from the site. To
calculate runoff from unconnected impervious cover, urban impervious
area modifications as described in the NRCS Technical Release 55 -
Urban Hydrology for Small Watersheds, or other methods may be employed.
(e)
If the invert of the outlet structure of a stormwater management
measure is below the flood hazard design flood elevation as defined
at N.J.A.C. 7:13, the design engineer shall take into account the
effects of tailwater in the design of structural stormwater management
measures.
(2)
Groundwater recharge may be calculated in accordance with the
following:
(a)
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:
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:
(a)
http://www.nj.gov/dep/stormwater/bmp_manual2.htm.
[1]
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.
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 inches 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 4.625 inches long and 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 inches.
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 section sets forth requirements to protect public safety
through the proper design and operation of stormwater management BMPs.
This section applies to any new stormwater management BMP.
(2)
The provisions of this 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), (b) and (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 feet to six feet in width. One step shall
be located approximately 2 1/2 feet below the permanent water
surface, and the second step shall be located one feet to 1 1/2
feet above the permanent water surface. See Subsection H(5)for an
illustration of safety ledges in a stormwater management BMP; and
[3]
In new stormwater management BMPs, the maximum interior slope
for an earthen dam, embankment, or berm shall not be steeper than
three horizontal to one vertical.
(4)
Variance or exemption from safety standard. A variance or exemption
from the safety standards for stormwater management BMPs may be granted
only upon a written finding by the municipality that the variance
or exemption will not constitute a threat to public safety.
(5)
Safety ledge illustration.
|
Elevation View - Basin Safety Ledge Configuration
|
I.
Requirements for a site development stormwater plan:
(1)
Submission of Site Development Stormwater Plan.
(a)
Whenever an applicant seeks municipal approval of a development subject to this section, the applicant shall submit all of the required components of the Checklist for the Site Development Stormwater Plan at Subsection I(3) below as part of the submission of the application for approval.
(b)
The applicant shall demonstrate that the project meets the standards
set forth in this section.
(2)
Site development stormwater plan approval. The applicant's site
development project shall be reviewed as a part of the review process
by the municipal board or official from which municipal approval is
sought. That municipal board or official shall consult the municipality's
review engineer to determine if all of the checklist requirements
have been satisfied and to determine if the project meets the standards
set forth in this section.
(3)
Submission of site development stormwater plan. The following
information shall be required:
(a)
Topographic base map. The reviewing engineer may require upstream
tributary drainage system information as necessary. It is recommended
that the topographic base map of the site be submitted which extends
a minimum of 200 feet beyond the limits of the proposed development,
at a scale of one inch equals 200 feet or greater, showing two-foot
contour intervals. The map as appropriate may indicate the following:
existing surface water drainage, shorelines, steep slopes, soils,
erodible soils, perennial or intermittent streams that drain into
or upstream of the Category One waters, wetlands and floodplains along
with their appropriate buffer strips, marshlands and other wetlands,
pervious or vegetative surfaces, existing man-made structures, roads,
bearing and distances of property lines, and significant natural and
man-made features not otherwise shown.
(b)
Environmental site analysis. A written and graphic description
of the natural and man-made features of the site and its surroundings
should be submitted. This description should include a discussion
of soil conditions, slopes, wetlands, waterways and vegetation on
the site. Particular attention should be given to unique, unusual,
or environmentally sensitive features and to those that provide particular
opportunities or constraints for development.
(c)
Project description and site plans. A map (or maps) at the scale
of the topographical base map indicating the location of existing
and proposed buildings roads, parking areas, utilities, structural
facilities for stormwater management and sediment control, and other
permanent structures. The map(s) shall also clearly show areas where
alterations will occur in the natural terrain and cover, including
lawns and other landscaping, and seasonal high groundwater elevations.
A written description of the site plan and justification for proposed
changes in natural conditions shall also be provided.
(d)
Land use planning and source control plan. This plan shall provide a demonstration of how the goals and standards of Subsections C through E are being met. The focus of this plan shall be to describe how the site is being developed to meet the objective of controlling groundwater recharge, stormwater quality and stormwater quantity problems at the source by land management and source controls whenever possible.
(e)
Stormwater management facilities map. The following information,
illustrated on a map of the same scale as the topographic base map,
shall be included:
[1]
Total area to be disturbed, paved or built upon, proposed surface
contours, land area to be occupied by the stormwater management facilities
and the type of vegetation thereon, and details of the proposed plan
to control and dispose of stormwater.
[2]
Details of all stormwater management facility designs, during
and after construction, including discharge provisions, discharge
capacity for each outlet at different levels of detention and emergency
spillway provisions with maximum discharge capacity of each spillway.
(f)
Calculations.
[1]
Comprehensive hydrologic and hydraulic design calculations for the predevelopment and post-development conditions for the design storms specified in Subsection D of this section.
[2]
When the proposed stormwater management control measures depend
on the hydrologic properties of soils or require certain separation
from the seasonal high water table, then a soils report shall be submitted.
The soils report shall be based on on-site boring logs or soil pit
profiles. The number and 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 ordinance may, in consultation
with the municipality's review engineer, waive submission of any of
the requirements in Subsection J(3)(a) through (f) of this section
when it can be demonstrated that the information requested is impossible
to obtain or it would create a hardship on the applicant to obtain
and its absence will not materially affect the review process.
J.
Maintenance and repair:
(2)
General maintenance.
(a)
The design engineer shall prepare a maintenance plan for the
stormwater management measures incorporated into the design of a major
development.
(b)
The maintenance plan shall contain specific preventative maintenance tasks and schedules; cost estimates, including estimated cost of sediment, debris, or trash removal; and the name, address, and telephone number of the person or persons responsible for preventative and corrective maintenance (including replacement). 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
(h)
The requirements of Subsection J(2)(c) and (d) do not apply to stormwater management facilities that are dedicated to and accepted by the municipality or another governmental agency, subject to all applicable municipal stormwater general permit conditions, as issued by the Department.
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Note: It may be appropriate to delete requirements in the maintenance
and repair plan that are not applicable if the ordinance requires
the facility to be dedicated to the municipality. If the municipality
does not want to take this responsibility, the ordinance should require
the posting of a two-year maintenance guarantee in accordance with
N.J.S.A. 40:55D-53. Maintenance and inspection guidance can be found
on the Department's website at:
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https://www.njstormwater.org/maintenance guidance.htm.
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(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.
K.
Penalties:
(1)
Any person(s) who erects, constructs, alters, repairs, converts, maintains, or uses any building, structure or land in violation of this chapter shall be subject to the penalties provided in Chapter 1, Article II, General Penalty. After notified of violation, each day of continuance thereof may, in the discretion of the court, be treated as a separate and distinctive violation hereof.
L.
Severability. Each section, subsection, sentence, clause and phrase
of this section is declared to be an independent section, subsection,
sentence, clause and phrase, and the finding or holding of any such
portion of this section to be unconstitutional, void, or ineffective
for any cause, or reason, shall not affect any other portion of this
section.
M.
Effective date. This section shall be in full force and effect from
and after its adoption and any publication as required by law.
[Added 4-3-2007 by Ord. No. 14-05-2007]
Every development application shall be subject
to review and approval by the Kingwood Township Fire Company as to
the adequacy of fire protection features. Any approval granted by
the Planning Board shall be conditioned upon compliance with the requirements
and/or recommendations of the Kingwood Township Fire Company with
respect to the extent and location of fire protection features required.
[Added 4-3-2007 by Ord. No. 14-05-2007]
Every application for a minor or major subdivision
shall include a certification from an appropriate professional engaged
in wetlands identification and delineation that there are no wetlands
present on the property within 150 feet of the soil logs, percolation
tests and any other soil tests designed or intended to demonstrate
the ability of the soils present at the proposed lot to support the
design, installation and proper functioning of an individual subsurface
sewage disposal system. If such certification cannot be provided,
then the applicant shall depict on the plat the location and extent
of freshwater wetlands on and within 150 feet of the property which
is the subject of the application.
[Added 12-2-2008 by Ord. No. 15-25-2008]
All subdivisions of land in Kingwood Township
shall comply with the following requirements:
A.
The Board shall require, for the protection of environmentally
sensitive areas, either 1) the creation and recordation of a conservation
easement for or 2) the inclusion of language in the deeds and/or plat
recorded to perfect the subdivision providing notice of restrictions
applicable to all lands within or comprising freshwater wetlands,
freshwater wetland buffers and/or transition areas, stream corridors,
stream riparian buffers and Category One stream buffers on the property
(the "protected area"), including the remaining lands, which is the
subject of the subdivision application.
B.
Boundary markers to delineate boundaries.
(1)
All boundaries of the protected area shall be
delineated, prior to the issuance of a building permit for any lot
in the subdivision, with a sufficient number of permanent markers
("boundary markers") to clearly identify the boundaries of the protected
area. All such boundary markers shall consist of a post and a marker.
(2)
The post shall be a minimum four-inch by four-inch
solid or capped post of composite material similar to those manufactured
under the trade name "Trex" and conform to the following requirements:
(3)
The marker shall consist of a three-and-one-half-inch
square of aluminum with a reflective adhesive decal bearing the Kingwood
Township Seal and the legend "Conservation Area Ord. # 15-25-2008"
and shall be permanently installed on or affixed to the top six inches
of each post on the side opposite the protected area.
(4)
The Planning Board may approve a substitute
post or marker.
C.
Boundary markers shall be installed at the following
intervals:
(1)
For areas that are not the subject of active
agricultural activities at the time of the creation of the easement
or for which agricultural activities are intended to be abandoned
as a result of development approvals being granted:
(a)
At all intersections of the boundary line of
the outermost line of the protected area with setback lines and property
lines.
(b)
At all deflection points along the outermost
line of the protected area.
(c)
Every 150 feet along the outermost line of the
protected area where the distance between deflection points and/or
intersections with property and setback lines is greater than 150
feet.
(2)
For areas that are the subject of active agricultural
activities at the time of the creation of the easement or for which
agricultural activities are intended to be continued as a result of
development approvals being granted:
(a)
At all intersections of the boundary line of
the outermost line of the protected area with setback lines and property
lines.
D.
To prevent adverse impacts on the protected area during
construction, the following additional requirements shall be satisfied:
(1)
A snow fence shall be installed in the area
of disturbance outside of the outermost protected area boundary line
prior to the commencement of on-site construction so as to prevent
encroachment into the protected areas.
(2)
A silt fence and hay bales shall be installed
downslope from any construction disturbance adjacent to the protected
area so as to prevent the transport of silt into these areas.
(3)
No encroachment into the protected area shall
occur except for those activities specifically allowed pursuant to
applicable NJDEP regulations or a valid NJDEP permit.
(4)
The property owner shall maintain in good condition
and repair all boundary markers.
E.
Prior to recording the deeds or plat perfecting the
subdivision, the applicant shall prepare and submit to the Planning
Board or Board of Adjustment a binder containing photographic documentation
of the protected area showing the conditions then currently existing
within the protected area.
F.
Any conservation easement created pursuant to this
section shall be in the form appended to this chapter as Attachment
2.[1]
[1]
Editor's Note: Said attachment is included as an attachment to this chapter.
G.
Any deed notice created pursuant to this section shall
contain the following language:
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"Grantor hereby acknowledges that the area of the Property described in Exhibit B attached hereto and made a part hereof is an environmentally constrained and sensitive area that is subject to certain restrictions regarding the activities that can be conducted within that area (the "Conservation Area"). The delineation and maintenance of the Conservation Area and the markers identifying the boundary of the Conservation Area are subject to applicable restrictions, including, without limitation, those restrictions set forth in § 115-6.5 Conservation easements, of the Kingwood Township Code and regulations promulgated by the New Jersey Department of Environmental Protection."
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[Added 2-7-2013 by Ord.
No. 17-02-2013]
A.
Purpose. It is the purpose of this section to protect the health,
safety and welfare of people and property and threatened and endangered
species within the Township of Kingwood from adverse impacts of uncontrolled
development, construction, disturbance and building on environmentally
sensitive areas such as freshwater wetlands, Category 1 waters, steep
slopes, flood zones as defined by FEMA, or any other areas in the
Township which may be sensitive to development due to existing environmental
constraints. It is the intent of this section to reduce the degradation
of land areas by reason of erosion, siltation, flooding, grading and/or
filling, surface water runoff, pollution of potable water supplies,
destruction of unique and predominant vistas, destruction of threatened
or endangered species and to encourage appropriate planning, engineering,
design in certain areas to preserve and maximize the best use of the
natural terrain and maintain the quality and quantity of the Township's
inherent natural resources.
B.
Background. The Kingwood Township Master Plan and Conservation Element
of the Master Plan include goals and objectives related to establishing
regulations and planning techniques that are balanced by the desire
to protect sensitive environmental resources, the vitality and viability
of threatened and endangered species habitat areas and to achieve
the natural resource conservation and environmental protection objectives
of the Master Plan.
C.
Applicability. A statement of environmental impact and assessment
must be submitted with any application for development resulting in
the creation of two or more new lots; and for any site plan application
that proposes any combination of disturbance of and/or new impervious
coverage for more than 1/4 acre of land.
D.
Enforcement. The Planning Board and Board of Adjustment shall be
responsible for enforcing the provisions of this section in conjunction
with their review of development applications.
E.
Information and documentation required for an EIA. The information
and documentation required below shall be considered the minimum data
needed to make an informed engineering and planning review under the
provisions of this article. Said information and documentation shall
be considered supplementary to the other standards and design requirements
mandated by this chapter with respect to development applications.
(1)
As part of the EIA, all development applications subject to
the requirement to submit an EIA shall include the following documentation:
(a)
A copy of the Natural Heritage Database report;
(b)
All plats shall be clearly marked to identify all areas assigned
Landscape Project Habitat Ranks 3, 4 or 5 by the New Jersey Department
of Environmental Protection Landscape Project; and
(c)
A list of all threatened or endangered species present on the
property.
(2)
Where a development application subject to the requirement to
submit an EIA proposes that development occur on slopes greater than
15%, additional exhibits prepared by a New Jersey licensed professional
engineer or land surveyor and containing the following additional
information specific to areas of steep slopes that are proposed to
be disturbed shall be submitted as part of the development application:
(a)
Extent and erosion potential of exposed soils.
(b)
Length, steepness and surface roughness of exposed slopes.
(c)
Resistance of soil to compaction and stability of soil aggregates.
(d)
High-water table, water infiltration capacity, and capacity
of soil permeability.
(e)
The type, location, extent and degree of anticipated construction
activity including the amount of site grading.
(f)
The time period of exposure of erodible soils during construction.
(g)
The area and density of woodlands and forested portions of the
steep slope area to be impacted by the proposed construction, referenced
to the NJDEP's most current Land Cover Map and all significant tree
specimens (fifteen-inch diameter) in the work area.
(h)
The extent of impervious surface to be constructed within the
area of steep slopes.
(i)
Location of construction access roads within the area of steep
slopes.
(j)
Calculation of amount of site grading within the area of steep
slopes to include cut and fill quantity balance estimates, including
cross sections and indicating where applicable the volume of and source
of off-site fill.
F.
Conditions of the statement of environmental impact and assessment
(EIA). The information and documentation required below shall be considered
the minimum data needed to make an informed engineering and planning
review under the provisions of this article. Said information and
documentation shall be considered supplementary to the other standards
and design requirements mandated by this chapter with respect to development
applications.
(1)
Documentation of professional qualifications of preparer. Applicants shall submit documentation demonstrating the professional qualifications of the preparer of the EIA. Examples of appropriate qualifications are set forth in § 115-6.7B(2) of this chapter.
(2)
Data Required for EIA.
(a)
The EIA shall include, discuss and analyze the information and those factors required for the particular project as outlined in § 115-6.6E and Appendix A (Threatened/Endangered Species Survey Data Sheet) attached hereto,[1] and adopted as a part of this chapter. The discussion
and analysis shall provide sufficient detail to allow the reviewing
agency to assess and evaluate the impacts of the proposed development.
[1]
Editor's Note: Appendix A is included as an attachment to this chapter.
(b)
The EIA shall describe the proposed development, including the
nature, scope and location of all improvements proposed. All maps
included within the EIA shall be on 8 1/2 inch by 11 inch paper,
shall be prepared by a New Jersey licensed professional engineer or
professional land surveyor, shall be based on and refer to a current
survey and shall have a scale not to exceed one inch equals 100 feet.
(c)
The EIA shall describe the existing environmental conditions
of the subject property that may be affected by the proposed development.
The description of such environmental conditions and features shall
include, at a minimum, steep slopes, surface water bodies, flood zones,
fresh water wetlands and wetland transition areas, prime agricultural
soils, and the extent and type of habitat in which any threatened
and/or endangered species are present at any time of the year. The
habitat important to the threatened and endangered species must be
described according to A Preliminary Natural Community Classification
for New Jersey by Thomas F. Bredon (http://mss3.libraries.rutgers.edu/dlr/outputds.php?pid=rutgers-lib:27264&ds=PDF-1).
List the dominant species found.
(d)
The EIA shall include copies of the Natural Heritage Database
Report and NJDEP Landscape Project Endangered Species Habitat Ranking
Map. If there is any record of endangered or threatened species on
the site, the EIA shall include a fully completed Appendix A (Threatened/Endangered
Species Survey Form).[2] The EIA shall also include a narrative description of
the habitat requirements and ranges of any present threatened or endangered
species within 200 feet of the outer limit of disturbance of the proposed
development, not to extend beyond the applicant's property boundary.
[2]
Editor's Note: Appendix A is included as an attachment to this chapter.
(e)
The EIA shall contain a concise summary of the environmental
impact assessment of the proposed project. This summary will evaluate
the adverse and positive environmental effect of the project, should
it be implemented, and the public benefits expected to derive from
the project, if any.
(f)
The EIA shall identify and describe in detail all environmentally
protective measures that are proposed for purposes of avoiding or
mitigating any adverse effects of the proposed development and describe
the manner and effectiveness of such mitigation.
(g)
The EIA shall contain a summary list, without discussion, of
the potential adverse environmental impacts which cannot be avoided
or mitigated should the proposed development be approved and implemented.
Short-term impacts should be distinguished from long-term impacts.
Reversible impacts should be distinguished from irreversible impacts.
G.
Standards for analysis review and approval by review agencies.
(1)
The Planning Board and Board of Adjustment shall review the
recommendations of the Environmental Commission and Township professionals,
and may impose such conditions upon any approval as they deem necessary
to achieve the above-stated purpose of this section and to mitigate
the adverse environmental impacts of the proposed development. All
pertinent improvements necessary to achieve the above criteria shall
be deemed for the benefit of the public and shall be bonded in the
manner set forth in this chapter for public improvements in any subdivision
or site plan.
(2)
No application for development shall be approved if the proposed
development would result in:
(a)
The unmitigated and permanent destruction of breeding grounds
of any threatened or endangered species.
(b)
The unmitigated and permanent destruction of threatened or endangered
species habitat where the presence of such threatened or endangered
species has actually been documented;
(c)
The erosion or degradation of areas of steep slopes; or
(d)
The degradation of the quality of potable water supplies.
H.
Conditions when a full EIA report is not required. The approving
authority, upon recommendation of the Environmental Commission and/or
Township professionals may waive the requirements for an EIA, in whole
or in part, if the Natural Heritage database search reveals no known
threatened or endangered species in the project area is submitted
by an applicant, to support a conclusion that the proposed project
will have a negligible environmental impact or that a complete statement
of environmental impact and assessment need not be prepared in order
to adequately evaluate the environmental impact. Notwithstanding the
foregoing, however, the EIA requirements remain in effect for any
development application that proposes development within areas of
the property containing streams, ponds, lakes, flood zones, wetlands,
wetlands transition areas, steep slopes of highly eroded soils, with
a seasonal high-water table of 48 inches or less, prime agricultural
soils, or any habitat in which any threatened and/or endangered species
has been identified as present at any time of the year.
[Added 2-7-2013 by Ord.
No. 17-02-2013]
A.
Applicability. Prior to any development application for which an
EIA is required being deemed complete by either the Township Planning
Board or Zoning Board of Adjustment, a threatened and endangered species
investigation as outlined in this section shall be filed as part of
the application. The Board Engineer, Planner and the Environmental
Commission shall review and comment on the results of the threatened
and endangered species survey.
B.
Standards for threatened and endangered species survey.
(1)
State records search. The applicant shall provide a New Jersey
Department of Environmental Protection Landscape Habitat Ranking Map
and NJDEP Natural Heritage Program database report of the site. A
site that contains Habitat Ranking 3, 4, 5 and/or a Natural Heritage
Program database report which identifies threatened or endangered
species on site shall require a threatened and endangered species
survey. If no threatened or endangered species have been identified
on the Landscape Habitat Ranking Map or the Natural Heritage database
report, no further threatened and endangered species survey is required.
(2)
Surveyor requirements. The threatened and endangered survey
must be completed by an individual deemed qualified by the Board with
jurisdiction over the development application. To be deemed qualified,
the individual must demonstrate education and experience in the field
relevant to the threatened and/or endangered species for which the
survey is being performed. For example, if the site is being surveyed
for a threatened or endangered bird species, an individual with a
master's degree in ornithology may conduct the survey.
(3)
Time frame of survey. The threatened and endangered species
survey must occur during the time periods in which the targeted species
can be readily observed and identified. For plants, this may be the
flowering period. For wildlife, this may be during the breeding season.
A survey for a wildlife species that uses different habitat types
to meet different needs must be designed so that the evaluators are
investigating the study area during the season or time period that
the species might be using the habitat.
(4)
Survey. A qualified surveyor shall complete Appendix A (Threatened/Endangered
Species Survey Data Sheet), attached hereto,[1] and adopted as a part of this chapter, for each threatened
or endangered species identified on the NJDEP Landscape Project Habitat
Ranking 3, 4, 5 Map and/or the NJDEP Natural Heritage Database report.
During the survey investigation, if any threatened or endangered species
that was not listed in either NJDEP database was identified, the surveyor
shall also complete Appendix A for those species. All sections of
Appendix A including required attachments stated within the form shall
be completed by the surveyor in order to be deemed complete for review.
Appendix A shall be included within the EIA, if applicable.
[1]
Editor's Note: Appendix A is included as an attachment to this chapter.
C.
Review of findings. The Board Engineer, Planner and the Kingwood
Township Environmental Commission shall review and provide recommendation
to the Planning Board or Zoning Board of Adjustment on the results
of the threatened and endangered species investigation. Should the
Board feel the need to retain its own qualified surveyor to review
the survey results or perform an additional survey, the applicant
shall post an additional deposit to the escrow account in the amount
of $1,000.
D.
Protective measures. In the event that a threatened or endangered
species is identified on the subject property, the following minimum
protective measures shall be required:
(1)
Threatened or endangered species habitat on the subject property, other than that in a protected wetland, shall be contained within a conservation easement including an extended fifteen-foot perimeter border and marked according to § 115-6.5, Conservation easements.
(2)
Prior to construction, protective fencing shall be required
to be installed a minimum of 15 feet from the perimeter of any area
relied upon by any threatened or endangered species identified to
be present on the property that is the subject of the development
application. Protective fencing shall consist of silt fence installed
in accordance with the Standards for Soil Erosion and Sediment Control
in New Jersey. Fencing shall be installed prior to any site work and
be maintained in good condition throughout all phases of construction.
The protective fencing location shall be detailed on the grading plan
along with a note stating the duration of fencing requirements.
(3)
The duration and timing of site disturbance shall be limited
as applicable, such as during hibernation of a species or as otherwise
determined by the reviewing agency to ensure protection of the threatened
or endangered species.
(4)
Further limitations may be imposed as recommended by the qualified
surveyor, Environmental Commission or the Board Engineer or Planner.
A.
If, before final subdivision approval has been granted,
any person transfers or sells or agrees to transfer or sell, except
pursuant to an agreement expressly conditioned on final subdivision
approval, as owner or agent, any land which forms a part of a subdivision
for which municipal approval is required pursuant to this chapter,
such person shall be subject to a penalty not to exceed $1,000, and
each lot disposition so made may be deemed a separate violation.
B.
Additional remedies.
(2)
In any such action, the transferee, purchaser or grantee
shall be entitled to a lien upon the portion of the land from which
the subdivision was made that remains in the possession of the developer
or his assigns or successors, to secure the return of any deposits
made or purchase price paid, and also a reasonable search fee, survey
expense and title-closing expense, if any. Any such action must be
brought within two years after the date of the recording of the instrument
of transfer, sale or conveyance of said land or within six years if
unrecorded.
C.
Completion of improvements. After completing the construction
of the public improvements and prior to the termination of the guaranty
period, the subdivider shall prepare a set of the approved improvement
and utility plan and profiles (Mylar reproductions), amended to indicate
as-constructed information, and apply to the Township Engineer for
a final inspection of the work.
