Article V sets forth regulations for the development or change in use of all buildings or uses. A site plan or subdivision which deviates from any of the regulations contained in Article V shall require a waiver. A waiver shall be granted when, in the opinion of the Board, such waiver will result in an improvement in the design and layout of the development plan when compared to the design and layout which would result from the strict application of the regulation contained in Article IV. The resulting design and layout shall be reasonable and fulfill the general purpose and intent of the regulations.
[Added 6-19-2018 by Ord.
No. 2471-2018]
The following sites/districts are designated as historic:
[Amended 6-19-2018 by Ord. No. 2471-2018]
A.
Radburn Historic District. The design standards established in Rehabilitation
and Guidelines for Rehabilitating Historic Buildings published by
the United States Secretary of the Interior shall apply to the Radburn
Historic District. New structures or additions shall blend with their
surroundings and be compatible with existing development by incorporating
the important architectural characteristics of the Radburn Historic
District and properly siting the building. In addition, by following
the same guidelines, renovations to existing structures shall be accomplished
without being detrimental to the established character of the structure
or the district as a whole. The guidelines are on file in the office
of the Municipal Clerk.
B.
The following general design criteria and guidelines shall apply to historic sites designated in § 125-46.1 of this Article V:
(1)
The United States Secretary of the Interior's "Standards for the
Treatment of Historic Properties: Rehabilitation," as may be amended
and supplemented from time to time, including but not limited to:
(a)
A property will be used as it was historically or will be given
a new use that requires minimal change to its distinctive materials,
features, spaces, and spatial relationships.
(b)
The historic character of a property will be retained and preserved.
The removal of distinctive materials or alteration of features, spaces
and spatial relationships that characterize a property will be avoided.
(c)
Each property will be recognized as a physical record of its
time, place, and use. Changes that create a false sense of historical
development, such as adding conjectural features or elements from
other historic properties, will not be undertaken.
(d)
Changes to a property that have acquired historic significance
in their own right will be retained and preserved.
(e)
Distinctive materials, features, finishes, and construction
techniques or examples of craftsmanship that characterize a property
will be preserved.
(f)
Deteriorated historic features will be repaired rather than
replaced. When the severity of deterioration requires replacement
of a distinctive feature, the new feature will match the old in design,
color, texture, and, where possible, materials. Replacement of missing
features will be substantiated by documentary and physical evidence.
(g)
Chemical or physical treatments, if appropriate, will be undertaken
using the gentlest means possible. Treatments that cause damage to
historic materials will not be used.
(h)
Archeological resources will be protected and preserved in place.
If such resources must be disturbed, mitigation measures will be undertaken.
(i)
New additions, exterior alterations, or related new construction
will not destroy historic materials, features, and spatial relationships
that characterize the property. The new work shall be differentiated
from the old and will be compatible with the historic materials, features,
size, scale, and proportion, and massing to protect the integrity
of the property and its environment.
(j)
New additions and adjacent or related new construction will
be undertaken in such a manner that, if removed in the future, the
essential form and integrity of the historic property and its environment
will be unimpaired.
(2)
The New Jersey Rehabilitation Subcode (N.J.A.C. 5:23-6.1 et seq.),
including but not limited to N.J.A.C. 5:23-6.33, entitled "Historic
Buildings."
[Added 6-19-2018 by Ord.
No. 2471-2018]
In addition to the above, the following design criteria and
guidelines will apply to each specific historic site designated below:
A.
The Naugle-Vanderbeck House. Any proposed work must comply with the
intent of HMR Architects' November 2013 Preservation Plan, a copy
of which is on file in the office of the Municipal Clerk.
B.
The Cadmus House.
(1)
The roofing material must match the existing material or match
documented historic materials, such as wood shake or shingle.
(2)
Stone facade to be natural rustic stone with mortar joints.
(3)
The mortar mix at repointed masonry, chimneys, or other stone
work shall be the type intended for historic masonry, and is generally
lime-based.
(4)
Stoop shall be stone masonry.
(5)
All clapboard siding, trim, corner boards, rake boards, eaves,
soffits and outriggers are to be painted wood.
(6)
Fenestration.
(a)
Window operation, dimensions, patterns, and profiles must match
historic conditions, are to be single-glazed with the appropriate
muntin dimension and profile. If additional glazing is required, a
separate interior storm sash shall be provided.
(b)
Doors shall be painted wood with glass lites and operation,
dimensions, patterns, and profiles of doors must match historic conditions,
materials, and hardware.
C.
The Jacob Vanderbeck House.
(1)
The roofing material must match the existing material or match
documented historic materials, such as wood shake or shingle.
(2)
Stone facade to be natural rustic stone with mortar joints at
sides and rear. Stucco finish over stone at front (south) facade with
exposed stone quoining.
(3)
The mortar mix at repointed masonry or other stone work must
be the type intended for historic masonry, and is generally lime-based.
(4)
Stoop shall be stone masonry.
(5)
Shutters shall be painted wood with unpainted iron hardware.
(6)
Fenestration.
(a)
Window operation, dimensions, patterns, and profiles must match
historic conditions, are to be single-glazed with the appropriate
mounting dimensions and profile. If additional glazing is required,
a separate storm sash shall be provided.
(b)
Exterior doors shall be painted wood with glass lites, and operation,
dimensions, patterns, and profiles of exterior doors must match historic
conditions, materials, and hardware.
(7)
All clapboard siding, trim, corner boards, rake boards, eaves,
soffits, and outriggers are to be painted wood.
(8)
All chimneys must be brick masonry.
[Added 6-19-2018 by Ord.
No. 2471-2018]
Pursuant to N.J.S.A. 40:55D-111, applications for issuance of permits pertaining to historic sites or property in historic districts must be referred to the Historic Preservation Commission for a written report on the application of § 125-47 and § 125-47.01 of the Borough Code to any aspects of the change proposed in the application. The Historic Preservation Commission shall submit its report to the Borough of Fair Lawn Planning Board who shall, in turn, report to the administrative officer on its recommendation regarding the application, which shall be binding on the administrative officer. The Historic Preservation Commission's role shall be advisory.
[Added 2-16-2010 by Ord. No. 2177-2010]
A.
B.
Green building practices. To the extent feasible, green building
practices should be employed in new construction to reduce dependency
upon nonrenewable resources. These practices should be followed regardless
of whether LEED or similar certification is sought. These practices
include, but are not limited to, the following:
(1)
Orient buildings to maximize solar gain in the winter and shade
in the summer; include vegetated wind breaks and sun screens;
(2)
Create shaded patios or terraces for summertime gatherings;
(3)
Plant indigenous vegetation to minimize water, pesticide and
herbicide usage and to create foraging opportunities for local wildlife;
(4)
Install operable windows, awnings, shading devices and roof
vents to reduce reliance on HVAC units;
(5)
Maximize daylight in working or living spaces to reduce reliance
on artificial lighting;
(6)
Utilize renewable sources for electricity, heating and cooling;
(7)
Maximize building and window insulation and create anterooms
or foyers between the outdoors and living spaces to increase HVAC
efficiency;
(8)
Utilize recycled building and site materials and recycle construction
debris;
(9)
Create covered parking areas, or heavily shaded parking areas,
to reduce reliance on automotive air conditioning;
(10)
Utilize pervious pavement to increase water infiltration and
locate parking areas in locations where it can be shared between uses;
(11)
Create opportunities for bicyclists and pedestrianism to reduce
reliance on automobiles including shaded sidewalks, benches, bike
lanes and bike racks;
(12)
Utilize energy-efficient outdoor lighting, as well as downcast,
full cut-off fixtures. House-side shields should be used on all fixtures
that abut residential areas. Glare should be reduced to the extent
feasible.
C.
Architectural floor plans and building elevations, prepared by a
licensed architect under seal, shall be submitted with the site plans.
The floor plans shall indicate the number of bedrooms per dwelling
unit in order to determine on-site parking requirements.
D.
Building arrangement. Building arrangement consists of such elements
as setbacks from streets and property lines, distance between buildings
and orientation of buildings towards each other, the street and parking
areas.
(1)
Buildings should be clustered to minimize the footprint of development
on the landscape and provide for green areas, and to encourage pedestrians
to walk between buildings and sites. Buildings should create a continuity
of building facades along a building line parallel to the public streets
or internal private drives, and should be arranged to define a rhythm
of built and open areas that create a series of outdoor "rooms" facing
the street or drive.
(2)
In a development of two or more buildings, building facades
should be designed and located to relate to one another, both functionally
and visually. To the extent possible, large-scale buildings should
be discouraged in favor of smaller, individualized building groupings,
utilizing such features as courtyards and quadrangles that encourage
pedestrian activity and incidental social interaction among users.
(3)
The creation of a consistent edge with adjacent structures should
be applied where appropriate.
(4)
A building on a corner lot should be considered a more significant
structure from a design perspective because such building has at least
two front facades visibly exposed to the street.
(5)
Building fronts should be arranged so that front facades face
front facades.
E.
Building size, mass, and style. When buildings in an area are of
similar and/or compatible scale, materials, massing and architectural
style, the area becomes more harmonious thereby providing a more comfortable
human experience. Design in a given area should achieve continuity
between sites while still allowing for individuality of design.
(1)
All structures should be situated with proper consideration
of their relationship to other buildings, both existing and proposed,
in terms of light, air, and usable open spaces, access to public rights-of-way
and off-street parking, height, and bulk.
(2)
Groups of related buildings should be designed to present a
harmonious appearance in terms of building silhouette, architectural
style and scale; massing of building form; surface material, finish,
and texture; decorative features; window and doorway proportions and
modulation, entryway placement and location, signage, and landscaping.
(3)
Buildings shall be designed so as to have attractive, finished
appearances from all public viewsheds.
(4)
Although a common design theme is not to be discouraged, buildings
should be differentiated to avoid monotony and to minimize the appearance
of building mass.
(5)
Residential finished first-floor elevations should be no less
than 18 inches and shall be no greater than 48 inches above grade.
Entryways should be covered. Porches shall provide porch beams above
piers or posts.
(6)
Nonresidential design:
(a)
All pedestrian entryways and/or lobbies should be prominent,
well lit and separate from service entrances, and should be at grade
with the adjacent sidewalks to the greatest extent possible.
(b)
Building entrances should be clearly defined through the use
of detailed paving, architectural treatment, and site furnishings.
(c)
The colors of all buildings, pavements, awnings, signage, site
amenities and other structures should be warm, muted tones.
(d)
The building itself should be designed with an eye toward architectural
detailing that can be unique, but should not detract from the appearance
of adjacent structures. Innovative reuse of existing unique and/or
attractive structures is encouraged, to the extent possible.
(e)
Buildings should have varied and interesting facades, particularly
with respect to retail storefronts. Use of texture and window variations
is encouraged.
(f)
Entryways should give orientation and add aesthetically pleasing
character to the building. They should be clearly defined and highly
visible to the pedestrian.
(g)
Entrances should include such features as canopies or porticos;
overhangs, arcades; recesses/projections; raised corniced parapets
over the doors; peaked roof forms; arches; outdoor patios; and/or
display windows. Architectural details, such as tile work or moldings,
which are integrated into the building design; and/or planters or
wing walls that incorporate landscaping and provide places for sitting
should be encouraged.
(h)
Overhead doors and/or loading areas shall not face the public
right-of-way.
(i)
Minimum first-floor heights of 12 feet are encouraged, with
subsequent floors providing a minimum of 80% of the first-floor height.
F.
Nonresidential roofs.
(1)
Box-like shapes should be avoided.
(2)
Flat roofs are not permitted on a building with a building height
less than 18 feet. A flat roof may only be permitted on a single-story
building provided that all visibly exposed walls have an articulated
cornice, parapet wall or some other type of architectural detailing
that projects out horizontally from the vertical building wall plane
or projects vertically from the horizontal roof plane.
(3)
Mansard roofs are not permitted.
(4)
Architectural embellishments that add visual interest to roofs,
such as dormers, belvederes, masonry chimneys, clock towers and such
similar elements are encouraged, provided that such are architecturally
compatible with the style, materials, colors and details of the building.
(5)
For all roofs other than flat roofs, the minimum permitted roof
pitch shall be 8:12, and all gables on a building should be of the
same pitch. Maximum roof pitch should not exceed 12:12.
(6)
Roofline offsets should be provided along any roof measuring
longer than 75 feet in length in order to provide architectural interest
and variety to the massing of a building and relieve the negative
visual effect of a single, long roofline. The minimum height of a
roofline offset should be 10 inches.
(7)
When buildings are greater than 10,000 square feet, and where
a fully pitched roof throughout would not be practical, a sloped fascia
roof with a slope of 8:12 or greater may be used in concert with a
flat roof, provided that the appearance is that of a full roof. In
all circumstances the primary pitched roof should be at least one
story in height. The primary roofing materials should be standing
seam metal or dimensional shingles.
(8)
Additionally, roofs should nave no less than two of the following
features:
(a)
Parapet concealing flat roofs and rooftop equipment from public
view. The average height of such parapets should not exceed 15% of
the height of the supporting wall and such parapets should not at
any point exceed one third of the height of the supporting wall. Such
parapets should feature a three-dimensional cornice treatment.
(b)
Overhanging eaves, extending no less than three feet past the
supporting walls. Sloping roofs that do not exceed the average height
of the supporting walls, with an average slope greater than or equal
to one foot of vertical rise for every three feet of horizontal run
and less than or equal to one foot of vertical rise for every one
foot of horizontal run.
(c)
Three or more roof slope planes.
G.
Residential roofs.
(1)
Box-like shapes should be avoided.
(2)
Architectural embellishments that add visual interest to roofs,
such as dormers, belvederes, masonry chimneys, cupolas and such similar
elements should be utilized, provided that such are architecturally
compatible with the style, materials, colors and details of the building.
(3)
The minimum permitted roof pitch shall be 6:12, and all gables
on a building should be of the same pitch and in proportion with the
scale of the building. Maximum roof pitch should not exceed 10:12.
(4)
Roofline offsets shall be provided along any roof measuring
longer than 75 feet in length in order to provide architectural interest
and variety to the massing of a building and relieve the negative
visual effect of a single, long roofline. The minimum height of a
required roofline offset is 10 inches.
H.
Facades, materials and colors. Facades should be designed with architectural
features at the human scale. Human-scale detailing is the treatment
of elements of a building facade at a smaller scale based on human
vision, proportion, height and rate of movement to add interest to
the pedestrian user. Examples include textured stone or brick, patterned
tiles, decorative trim work or carved wood, and decorative metalwork,
particularly at street or sidewalk level. Colors should be earth-toned,
however, architectural accents can be colored in brighter, more saturated
tones.
(1)
Building facades, porch and entry posts, windows and window
panes should respect traditional architectural proportions such as,
but not limited to, the Golden Rectangle.
(2)
All visible building facades should feature architectural detailing,
arcades, entrances and/or gables toward the public street.
(3)
The architectural treatment of a facade or roof should be completely
continued around all visibly exposed sides of a building. All sides
of a building should be architecturally designed so as to be consistent
with regard to style, materials, colors and details. In the instance
of multistory buildings, the architectural treatment and building
materials of the first floor should be compatible with upper stories.
(4)
Buildings should have fenestration and design elements including
decorative windows, operating windows, louvers, shutters, cornerstones,
keystones, and wide window frames consisting of approximately 10%
to 20% of the second and third floor facade area to prevent large
expanses of blank walls.
(5)
Building facades should include a repeating pattern that should
include no less than three of the elements listed below. At least
one of these elements should be repeated horizontally. All elements
should repeat at intervals of no more than 30 feet, either horizontally
or vertically.
(6)
Facades should be articulated with vertical divisions to reduce
the scale and uniformity of large-scale buildings. Street-side building
facades should be designed to reflect the community's identity, character
and scale as well as the human scale. Facades should be articulated
with horizontal divisions to reflect the traditional building elements
of cap, wall and base. The cap should feature either pitched roofs
or articulated cornices and a change of color and material. The wall
should include a horizontal division for the top of the ground story.
The base traditionally includes a watercourse line and is often a
more durable material that articulates how the mass of the building
meets its grade. These architectural divisions should have sufficient
reveal to promote shadows on the facade of the building.
(7)
Where nonresidential building facades exceed 80 horizontal feet
in length, vertical divisions no greater than 40 feet should be designed
on all street-side building facades, defined by wall projections featuring
a combination of piers, projecting bays, arcades or changes in roof
configuration, so as to appear to be multiple structures. Wall plan
projections should be at least 3% of the length of the facade and
extending at least 20% of the length of the facade.
(11)
Nonresidential primary building materials should feature nonreflecting
earth-tone colors in the red, tan, white or brown range. Accent colors
may be used provided that they appear as secondary visual elements
to the primary materials. Bold, disjointed or recognizable color combinations
or color patterns that form a corporate or commercial identity or
logo should be considered a sign for the purposes of this section
and should be prohibited. The use of high-intensity colors, metallic
colors, black or fluorescent colors is not permitted.
(12)
Nonresidential building and trim accent areas may feature brighter
colors, including primary colors, however neon tubing is not an acceptable
feature for building trim or accent areas.
(13)
Nonresidential doors and entrances.
(a)
In successful pedestrian-oriented places, the variety of regularly
patronized entrances enhances the viability of a place. Where larger
retail businesses are proposed, smaller in-line tenants should be
placed along the front facade with the large-scale retailer behind
and/or above these tenants. This arrangement allows the primary tenant
to occupy less frontage, which maintains a variety of entrances.
(b)
All entrances to a building should be defined and articulated
by utilizing such elements as lintels, pediments, pilasters, porticoes,
porches, overhangs, railings, balustrades and other such elements,
where appropriate. Any such element utilized should be architecturally
compatible with the style, materials, colors and details of such building.
Recessed doorways are encouraged; as they provide cover for pedestrians
and patrons in bad weather and help identify the location of store
entrances. A recessed doorway may be required when it is deemed necessary
to provide a clear and safe area for out-swinging doors, thus reducing
potential safety risks to pedestrians walking by an entrance. All
recessed doorway areas should have lighting installed and maintained
that is sufficient to illuminate the entire recessed area.
(14)
Nonresidential windows.
(a)
The street-level facade of stores should be transparent between
the height of three feet and eight feet above the walkway grade for
no less than 60% of the horizontal length of the building facade.
(b)
Nonresidential ground-floor facades facing streets should feature
50% clear, nonreflective glass area in the form of display windows
and doors. Upper-floor facades facing streets should feature between
15% and 40% nonreflective glass. Glass allows the pedestrian to view
into and people inside to view out of the building, adding visual
interest and safety. Exterior reflective glass is prohibited.
(c)
Windows should be recessed and should include visually prominent
sills or other such forms of framing.
(d)
Windows should be architecturally compatible with the style,
materials, colors and details of a building. Windows should be vertically
proportioned, wherever possible.
(e)
The location of windows on the upper stories of a building should
be vertically aligned with the location of windows and doors on the
ground level of such building.
(15)
Residential doors and windows.
(a)
Windows should be double-hung or casement types, or should be
divided light in appearance.
(b)
Windows should be recessed and should include visually prominent
sills or other such forms of framing.
(c)
Windows should be architecturally compatible with the style,
materials, colors and details of a building. Windows should be vertically
proportioned and shall be installed singly not ganged, wherever possible.
(d)
The location of windows on the upper stories of a building should
be vertically aligned with the location of windows and doors on the
ground level of such building.
(e)
Corner buildings shall present a finished facade to both streets
and shall contain 20% to 50% window and door openings or fenestration
on each facade.
I.
Circulation.
(1)
Sidewalks.
(a)
Sidewalks should be designed to be part of a comprehensive system
to access all parts of a site. The materials, patterns and finishes
of all sidewalks within a public right-of-way should match the overall
site design palette.
(b)
Pedestrian walkways in nonresidential or mixed-use settings
should provide substantial weather protection features such as awnings
or arcades serving all primary entrances.
(c)
Pedestrian walkways should be distinguished from driving surfaces
through the use of durable, low-maintenance surface materials such
as pavers, bricks, or scored concrete to enhance pedestrian safety
and comfort, as well as the attractiveness of the walkways.
(d)
Any areas of pedestrian crossing a main site drive aisle or
public street should provide a change of texture, color and paving
material in order to delineate the pedestrian crossing.
(e)
Sidewalks four feet in width shall be provided along all streets
and access drives, except in areas where accessible ramps may require
greater width to comply the NJADA requirements. This requirement may
be waived along limited-access highways where there is no abutting
sidewalk with which to connect. A continuous tree lawn area four feet
to six feet wide shall be provided between the curb and sidewalk and
shall contain street trees spaced 40 feet oncenter, along with a durable
planted ground cover. In cases where a four-foot-to-six-foot tree
lawn is not physically feasible, street trees may be located on the
far side of the sidewalk, no more than five feet from the sidewalk.
Shallow-rooting and multistemmed tree species are discouraged.
(f)
In areas where there is a high volume of transverse pedestrian
traffic from the street or driveway to the sidewalk, such as in front
of buildings, in lieu of a planted tree lawn, landscaped tree planting
areas shall be provided 40 feet oncenter, and shall be at least 40
square feet in area. The planting area shall contain a street tree
as well as planted durable ground cover. Shallow-rooting and multistemmed
tree species are discouraged.
(g)
In nonresidential or mixed-use settings, sidewalks, no less
than eight feet in width, shall be provided along the full length
of the building along any facade featuring a customer, guest or resident
entrance, and along any facade abutting public parking areas or driveway.
Such sidewalks should provide a minimum two-foot planting bed between
the building and the sidewalk to provide for foundation landscaping
except where features such as arcades or covered entryways are part
of the facade. In that case, planting urns or tree planting areas
may be provided.
(2)
Vehicular circulation.
(a)
Parking areas shall be set back a suitable distance from buildings
to provide for vehicle overhang, pedestrian access and landscaping
where appropriate.
(b)
The relationship between truck delivery, vehicular traffic,
and pedestrian circulation should be considered when designing service
entries, roadways, walkways, and pedestrian entrances.
(c)
Service entrances and loading areas between adjacent buildings
should be consolidated and separated from walkways and pedestrian
entrances to the extent possible.
(d)
Street and directional signage, streetlighting, furnishings
and amenities, and plantings should be aesthetically unified, and
complementary to the architecture.
(e)
Wherever practical, shared parking schemes and access drives
should be pursued.
(f)
Traffic-calming devices such as decorative crosswalks, curb
bumpouts, decorative sidewalks, street furniture, "yield to pedestrians"
signage, street trees and accent plantings should be utilized to advance
the goal of creating a strong, pedestrian-oriented setting, by creating
visual interest at the street level. These features should be incorporated
into the design of streets, driveways and parking areas wherever pedestrian
circulation is anticipated.
(g)
Boulevards shall be landscaped with street trees planted at
least 40 feet oncenter, as well as decorative shrubs and annual and
perennial plant material.
J.
Accessory structures and areas.
(1)
Areas should be dedicated and thoughtfully designed for the
location of mechanical equipment, storage areas and trash and recyclable
materials storage. The areas should be designed for efficient access,
but should be far removed from residential areas and viewsheds from
public streets.
(2)
Mechanisms to control outdoor clutter and to handle storage
of bicycles, grills and other outdoor equipment shall be provided.
(3)
Ganged mail boxes shall be required to be located in parking
areas and not provided along any street.
(4)
Mechanical equipment, storage areas and trash storage shall
be screened and enclosed. Where views of mechanical equipment, storage
areas or trash storage areas are present, public views shall be screened
and buffered by the use of architectural enclosures and landscape
buffers.
(5)
The site plans shall demonstrate the provision of adequate areas
for the storage and collection of trash and recyclables. If trash
and recyclables are to be stored inside units, adequate space shall
be indicated on the floor plans. If common trash areas are to be provided,
a detail of the area shall be provided on the plans.
(6)
The trash enclosure(s) shall be constructed on three sides of
masonry at least six feet high, the exterior of which should match
the finish building materials and colors of the principal building(s)
on site. The fourth side of the structure should contain a gate constructed
of a solid material, either black vinyl chain link fence or pressure-treated
board-on-board lumber.
(7)
The trash enclosure shall be situated on a concrete pad.
(8)
Any proposed rear decks or patios shall be indicated on the
site or subdivision plans as well as the architectural floor plans.
(9)
Nonresidential loading and outdoor storage areas may be located
between buildings if they are less than 40 feet apart, or on those
sides of buildings that do not have customer entrances, and should
avoid abutting residential zones, where feasible.
(10)
Areas for outdoor storage, truck parking, trash collection or
compaction loading, or other such uses should not be visible from
abutting streets, and shall not be located within 20 feet of any public
street, public sidewalk or internal pedestrian way.
(11)
Loading docks, truck parking, outdoor storage, utility meters,
HVAC equipment, trash collection, trash compaction, and other service
functions should be incorporated into the overall design of the building
and the landscaping so that the visual and acoustic impact of these
functions are fully contained and out of view of adjacent properties
and public streets, and no attention is attracted to the functions
by the use of screening materials that are different from or inferior
to the principal materials of the building and landscape.
K.
Walls, utilities and stormwater management.
(1)
Walls shall not exceed six feet in height. Where total wall
height is required to be greater than six feet, terracing shall be
used between walls at a width equal to the height of the tallest wall.
The terraced area shall be landscaped with low-maintenance plant material
that will grow to at least the height of the wall. The wall shall
be faced with durable material that coordinates with the principal
building facade materials.
(2)
Stormwater control should be provided in wet basins, vegetated
basins and underground systems to the extent feasible, and aboveground
facilities with the exception of bioswales should not be located in
a front yard. The use of sand infiltration basins shall be discouraged
for aesthetic reasons.
(3)
Electrical, phone and similar utilities shall be located underground.
L.
Outdoor space.
(1)
Usable outdoor space should be provided on each site, in reasonable
proportion to the number of employees and residents projected to occupy
the space. Usable outdoor space includes outdoor lawn area, plazas,
patios or terraces, including terraces not on a ground floor and should
not include required stormwater facilities or buffer areas. Amenities
including tables, chairs, benches and trash receptacles should be
provided.
(2)
Areas on site that do not contain buildings, parking areas,
roadways or driveways should be designed as open space areas for the
enjoyment of the private community and should be contiguous where
possible to increase usability.
(3)
All exterior residential yard and common areas shall be maintained
by a homeowners' association, not individual property owners.
M.
Landscaping.
(1)
All areas not covered by buildings, streets, parking areas or
sidewalks shall be landscaped with material that is suitable for the
location and function of land.
(2)
In addition to providing street trees, road frontages should
be heavily landscaped with low-lying shrubs as well as annual and
perennial plant material. Utility, service and parking areas should
be screened from view of roadways.
(3)
In addition to the other landscaping standards herein and elsewhere
in the Borough Code, on-site landscaping should be provided as follows:
N.
Lighting.
(1)
Site lighting shall facilitate access to buildings from the
street, sidewalk or parking areas without creating nuisance glare,
sky light or consuming too much electricity.
(2)
Full cut-off fixtures and house-side shields shall be utilized.
(3)
Light poles and fixtures should enhance site aesthetics, and
light pole footings shall be installed flush with grade.
O.
Parking.
(1)
Off-street parking should be as inconspicuous as possible and
should incorporate landscaping and screening to the greatest extent
possible to minimize its physical and visual impact. The focus of
the site should be the building(s), not the parking areas. The extent
of parking areas should be minimized.
(2)
Parking lots should be located in the side or rear yards, or
within buildings wherever possible, so that visibility from any street
is limited. Parking should not be located between buildings' public
roadways to the extent feasible.
(3)
Shared parking is encouraged between compatible uses.
(4)
Off-street parking and loading areas should be coordinated with
the public street system serving the area in order to avoid conflicts
with through traffic, obstruction to pedestrian walks, and vehicular
thoroughfares.
(5)
Distance to parking spaces and pedestrian connections. The closer
shared spaces are to the land uses they serve, the more likely the
arrangement will be a success. As a general guideline, shared spaces
for residential units should be located within 300 feet of the dwelling
unit entrances they serve. A majority of shared spaces at other uses
should be located within 500 feet of the principal building entrances
of all sharing uses. Clear, safe pedestrian connections must be provided.
Pedestrians should not be required to cross an arterial street except
at a signalized intersection along the pedestrian pathway.
(6)
Shared parking between lots. Owners or lessees of land uses
that exhibit off-setting parking demand patterns may reduce the total
amount of parking that they are required to provide if they demonstrate
at the time of site plan review that the total amount of parking being
provided for the combined uses will be available. In calculating the
total amount of parking required, applicants shall submit a shared
parking analysis report. Applicants that employ a shared parking approach
must:
(7)
Interior parking lot rows should be oriented perpendicular to
buildings in order to facilitate pedestrian access from the parking
lot to the building.
(8)
A minimum of 10% of any surface parking facility should be landscaped
to include one shade tree for every 10 parking spaces. At least 50%
of the parking area should be shaded at tree maturity, which should
be demonstrated by the applicant. This can be accomplished through
the use of landscaped peninsulas, end islands and linear strips.
(10)
Landscaped end islands should be located at the end of each
row of parking. End islands should be large enough to accommodate
the full-sized shade tree species selected.
(11)
Landscaped linear parking lot strips and end islands shall be
provided for every third row of interior parking. The island should
extend the length of the row and should be at least six feet in width
and planted with shade trees no more than 70 feet oncenter, and covered
with suitable ground cover.
(12)
Parking lot islands may also be utilized for stormwater infiltration,
however shall be planted with suitable tree species and ground cover.
(13)
All parking and loading areas shall be landscaped about their
periphery with shrubs, trees, and/or ground cover. Shade trees should
be provided no more than 50 feet oncenter around the perimeter of
parking areas. Large concentrations of surface parking should be avoided.
P.
Signage.
(1)
Site identification signage should identify businesses on site
or the name of the complex in an attractive manner that will promote
pedestrian and vehicular safety. Consideration to legibility shall
be given with respect to letter and background colors.
(2)
Sign design should complement the architecture of the buildings
in color, form, materials, placement and illumination.
(3)
Wayfinding signage on sites should be the minimum number and
size necessary to safely direct patrons to the correct destinations
on site.
(4)
Signs should be monument style, and plantings should be provided
at the base of the sign.
(5)
Signs for residential developments should be externally illuminated.
(6)
Signs should be evenly lit with no isolated bright or dark spots.
No substantial light or glare may be directed or reflected onto adjacent
streets or properties. Internally illuminated signs shall use LED
lights to the extent feasible and lettering should be channel set.
(7)
The energy efficiency of lighting and electrical power should
be considered for all sign designs and constructions.
Q.
Additional mixed-use design standards.
(1)
The area should have a common architectural, streetscape, lighting
and landscaping scheme.
(2)
There should be a strong interrelation and pedestrian connection
between the commercial component and the residential component. Commercial
buildings should be oriented toward the interior of the site and the
residential component; and should also be oriented toward major roadways.
(3)
The residential component should follow a compact, village format
to promote pedestrianism and increase efficiency. Opportunities for
outdoor gathering including front porches, stoops, patios, etc., should
be provided.
A.
Off-street parking spaces.
(1)
Each building or structure or part(s) thereof or accessory
structures, which subsequent to the passage of this section is constructed,
reconstructed, relocated, enlarged, changed in use(s) or increased
in use(s) shall be provided with parking spaces in accordance with
the following schedules and conditions; provided, however that a change
in occupancy from one permitted use to another permitted use, as long
as such change in occupancy does not increase or enlarge such permitted
use, shall not be a change in use under this subsection.
(2)
The following minimum number of parking spaces shall be provided for the uses specified per gross floor area unless otherwise indicated: See Off-Street Parking Schedules I and II. [§ 125-48A].[1]
[Amended 9-19-2000 by Ord. No. 1823-2000; 9-11-2012 by Ord. No. 2249-2012]
[1]
Editor's Note: The Off-Street Parking Schedule is included at the end of this chapter.
(3)
If in the course of its site plan review, the Planning
Board or Board of Adjustment, as the case may be, determines that
by reason of the proposed use of particular premises, the number of
parking spaces which will be required to meet the parking needs of
such premises is less than the number of spaces which would otherwise
be required under applicable ordinances, the approving agency shall
have the power to permit the applicant to construct and pave only
such number of parking spaces as the approving agency determines to
be necessary to meet such requirements and to permit the remaining
area, which would otherwise be required to be constructed and paved
for parking purposes, to remain unpaved in a landscaped condition.
The site development plan shall delineate the full number of parking
spaces which, but for such findings of the approving agency, would
be required and any certificate of occupancy issued for such premises
shall note the decision of the approving agency as described herein.
The Code Enforcement Officer shall, from time to time, inspect said
premises to determine the adequacy of the existing parking spaces
and report to the approving agency and the approving agency shall
have the power at any time to order the construction and paving of
the remaining parking area. Further, should there be a change in the
occupancy of the premises, then the owner thereof shall be required
to apply for a new site plan approval to the Planning Board.
B.
Off-street loading spaces. No building or premises
shall be used, nor shall any building be reconstructed, nor shall
any building be altered so as to expand its usable floor area unless
there is provided off-street loading space in accordance with the
following schedule:
|
Land or Building Use
|
Minimum Standards
(number of spaces)
| |
|---|---|---|
|
Garden apartment or multifamily dwelling
|
1 for each development of 50 or more units
| |
|
Retail commercial uses
|
1 for each 10,000 square feet of floor area
or major fraction thereof but in no case less than 1 per building
of 2,000 square feet of floor area or more
| |
|
Other business and commercial uses, places of
public assembly, schools
|
1 per building of 2,000 square feet of floor
area or more
| |
|
Manufacturing, industrial and warehouse uses
for principal building
|
1 for each 5,000 square feet of total floor
area or major fraction thereof, up to 10,000 square feet or major
fraction thereof in excess of the first 10,000 square feet
|
C.
Parking area design standards.
(1) 
Car parking space standards shall conform to the following
schedule:
|
Standard
Cars
|
Compact
Cars
| ||||||||
|---|---|---|---|---|---|---|---|---|---|
|
Angle
|
90°
|
60°
|
45°
|
30°
|
90°
|
60°
|
45°
|
30°
| |
|
L
|
18' 0"
|
18' 0"
|
18' 0"
|
18' 0"
|
17' 0"
|
17' 0"
|
17' 0"
|
17' 0"
| |
|
W
|
9' 0"
|
9' 0"
|
9' 0"
|
9' 0"
|
8' 6"
|
8' 6"
|
8' 6"
|
8' 6"
| |
|
A
|
24'
|
18'
|
13'
|
12'
|
24'
|
18'
|
13'
|
12'
| |
|
D
|
18' 0"
|
20' 1"
|
19' 1"
|
16' 9"
|
17' 0"
|
19' 0"
|
18' 0"
|
15' 10"
| |
|
P
|
9'
|
10' 5"
|
12' 9"
|
18' 0"
|
8' 6"
|
9' 10"
|
12' 0"
|
17' 0"
| |
|
O
|
2' 0"
|
1' 9"
|
1' 5"
|
1' 0"
|
1' 6"
|
1' 4"
|
1' 1"
|
0' 9"
| |
|
d
|
16' 0"
|
18' 4"
|
17' 8"
|
15' 9"
|
15' 6"
|
17' 8"
|
16' 11"
|
15' 1"
| |
|
Ds
|
18' 0"
|
17' 10"
|
15' 11"
|
12' 11"
|
17 '0"
|
16' 10"
|
15' 0"
|
12' 2"
| |
(a)
All angle parking (except 90º and parallel)
shall have one-way aisles. Ninety-degree and parallel aisles shall
provide a turnaround area at terminus.
(b)
Parallel parking spaces shall be 21 feet by
eight feet wide (where egress from one side or car is blocked wall,
fence or other obstruction) or seven feet where egress is unencumbered.
(c)
Where sidewalks occur in parking areas, parked
vehicles shall not overhang or extend over the sidewalk unless an
additional two feet of sidewalk width are provided to accommodate
such overhang.
(2)
General standards. Except as provided in Subsection C(6) below, all parking areas provided shall be on the same lot with the building. It is encouraged, however, where possible, to provide connections between abutting parking lots to provide more efficient vehicular movement. It is required that where a particular plan has been incorporated into the Master Plan for the block or part thereof in which the lot is located, the parking for that lot shall conform to such parking plan. Where no parking plan for a business has been adopted, the applicant shall agree as a condition of site plan approval, to rearrange its parking to match the plan when adopted. All parking areas and driveways shall be paved. Pavement design for all parking areas and driveways shall be in accordance with the New Jersey Society of Municipal Engineers' Asphalt Handbook for County and Municipal Engineers (Edison, NJ NJMSE, 1991), as currently amended. Any application to construct such structural equivalent pavement must be approved by the Borough Engineer.
(3)
All parking areas and driveways except for one and two family dwellings shall have concrete curbs or approved structure constructed at the edge of all pavements. Concrete curbs shall be constructed in conformance with § 125-49B(12).
(4)
Except in the case of one- or two-family dwellings,
all parking areas shall be painted on the pavement. All aisles, stalls
and overhangs shall be in conformance with the dimensional requirements
listed above. Compact car stalls, up to a total of 30% of the number
of stalls provided, may be permitted. Said compact cars shall also
conform to the dimensional requirements listed above.
(5)
Any parking areas under a building on stilts, piers
or otherwise raised shall have the sides facing any street screened
by decorative masonry or other architectural treatment at least 70%
solid or by dense evergreen planting or berming or a combination of
methods so that at least 70% of said parking area is shielded from
view.
(6)
Parking for nonresidential uses shall be permitted
in the R-1-3 Zone immediately adjoining the B-2 District on the north
side of Route 4 as conditional uses and subject to the following additional
requirements:
[Amended 1-26-2016 by Ord. No. 2371-2016]
(a)
The parking area must not extend more than 50
feet into the residential district.
(b)
The parking area shall extend continuously from
the nonresidential district.
(c)
Any two or more owners of business buildings
may jointly sponsor such abutting parking facilities.
(d)
All off-street parking areas assigned to meet
the requirements of this section shall be owned by the applicant,
except that parking may be permitted on a contiguous property owned
by others, upon proof that the applicant holds such contiguous property
under lease for at least a period consistent with the lease on the
principal building or five years.
(e)
Those portions of the property that are not
used for off-street parking shall be attractively planted with trees,
shrubs, plants and grass lawns, as may be required by the Planning
Board. Special plantings or fences as may be required by the Planning
Board shall be provided along the boundary lines between the property
used for parking and adjacent residences so that parking areas are
not visible from adjoining or adjacent residential properties. Those
portions of the property that are landscaped as required by this subsection
shall be adequately maintained by the owner.
(f)
Nothing contained in this section shall permit
or be deemed to permit parking of motor vehicles for commercial storage
or keeping motor vehicles for a commercial purpose in an unroofed
area in the same place for more than 24 hours.
(7)
The driveway for one- and two-family dwellings shall
not exceed 22 feet in width, except that "hammerhead" or other turning
provisions may be utilized to permit the turning of cars, on site,
so as to enable them to exit the property forward. No part of any
driveway shall be closer than one foot from any side property line.
Notwithstanding anything to the contrary contained in the Code of
the Borough of Fair Lawn, no residential dwelling shall have more
than one curb cut with a maximum width not to exceed 20 feet.
(8)
Lighting in connection with off-street parking shall
be arranged and shielded as to reflect the light downward and away
from all adjoining residential buildings, residential districts or
streets. No lighting standard shall be higher than 18 feet or the
height of the building, whichever is less.
(9)
All off-street parking areas established under this
section shall be used solely for the parking of passenger automobiles
and no commercial repair work or service of any kind shall be conducted
on such parking lot. No sign, other than entrance, exit and condition
of use signs, shall be erected or maintained.
D.
Loading area design standards. Each loading space
shall be at least 12 feet wide, 56 feet long and 14 feet high except
that in the case of establishments which demonstrate to the satisfaction
of the approving body or officer that no deliveries will be made by
trailer or semitrailer trucks, each loading space shall be at least
10 feet wide and 25 feet long or of such larger dimension as will
accommodate the expected delivery or service vehicles.
A.
Streets. The arrangement of streets not shown on the
Master Plan shall provide for the appropriate extension of existing
streets.
B.
Street design standards.
(1)
Minor streets shall be designed to discourage through
traffic.
(2)
Subdivisions abutting arterial streets shall provide
a marginal service road or reverse frontage with a buffer strip for
planting or some other means of separation of through and local traffic
as the Planning Board may determine appropriate.
(4)
No subdivision showing reverse strips controlling
access to streets shall be approved except where the control and disposal
of land comprising such strips has been placed in the Borough Council
under conditions placed by the Planning Board.
(5)
Subdivisions that adjoin or include existing streets
that do not conform to widths as shown on the Master Plan or the street
width requirements of this section shall dedicate additional width
along either one or both sides of the road. If the subdivision is
along one side only, 1/2 of the required extra width shall be dedicated.
(6)
Street grades and intersection design criteria shall
be in conformance with NJAC Title 5 Chapter 21, Residential site Improvement
Standards.
(7)
Vertical and horizontal curves shall be in conformance
with AASHTO standards A Policy on Geometric Design of Highways and
Streets (1990), as currently amended.
(8)
Dead-end streets shall be culs-de-sac. Culs-de-sac
shall not be longer than 600 feet and shall provide a turnaround at
the end with a radius of not less than 50 feet and tangent wherever
possible to the right side of the street. If a dead-end-street is
temporary in nature, a similar turnaround shall be provided and provisions
made for future extension of the street and reversion of the excess
right-of-way to the adjoining properties.
(9)
Where a tract is subdivided into larger parcels than
ordinary building lots, such parcels shall be arranged so as to allow
opening of future streets and logical future subdivisions.
(10)
Half streets shall be prohibited. Wherever a
subdivision abuts a street not owned on both sides by the subdivider,
then said street shall be improved by the subdivider to within five
feet of the established curbline on the side of the street not owned
by the subdivider.
(11)
Minimum pavement width shall be 30 feet measured
curb to curb. Curbs shall be located at the edge of all pavement.
(12)
Concrete curbs and depressed curbs shall be
constructed with New Jersey Department of Transportation Class B 3,700
psi air-entrained concrete. Curbs shall be six inches by eight inches
by 18 inches by 10 feet. Depressed curbs shall be a minimum of 12
feet and be a maximum of 30 feet except in the case of one and two
family dwellings where the maximum width is 20 feet. Driveway width
in one and two family dwellings shall not exceed 22 feet and shall
be no closer than one foot from any side property line.
(13)
Sidewalks shall be constructed with New Jersey
Department of Transportation Class B 3,700 psi air-entrained concrete
with dimensions of four inches thick by a minimum of four feet wide.
(14)
Shade trees shall be at least 2 1/2 inches in diameter and placed 30 feet apart and located on the street line so as not to interfere with utilities or sidewalks. Tree types shall be as specified in Chapter 226, Trees.
(15)
Street name signs shall be placed at all street
intersections within or abutting the subdivision. Signs shall be of
a type approved by the Borough.
(16)
Monuments shall be of the size and type and
placed in accordance with the governing New Jersey State statute.
(17)
Pavement design shall be in accordance with
the New Jersey Society of Municipal Engineers' Asphalt Handbook for
County and Municipal Engineers, (Edison, NJ NJMSE, 1991), or as currently
amended.
C.
Street intersections.
(1)
Street intersections shall be as nearly at right angles
as is possible and in no case shall be less than 60º. The block
corners at intersections shall be rounded at the curbline with a curve
having a radius of not less than 15 feet.
(2)
Street jogs with center line offsets of less than
150 feet shall be prohibited.
(3)
Sight triangles shall be in accordance with 1990 AASHTO's
A Policy on Geometric Design of Highways and Streets (1990), as currently
amended. The planting of trees or other plantings or the location
of structures or fences exceeding 30 inches in height that would obstruct
the clear sight across this area shall be prohibited.
A.
Block length and width or acreage within bounding
roads shall be such as to accommodate the size of lot required in
the area by the zoning ordinance and to provide for convenient access,
circulation control and safety of street traffic.
B.
For commercial, group housing or industrial use, block
size shall be sufficient to meet all area and yard requirements for
such use.
B.
Insofar as practical, side lot lines shall be at right
angles to straight streets and radial to curved streets.
C.
Each lot must front upon an approved street at least
50 feet in width.
D.
Where extra width has been dedicated for widening
of existing streets, lots shall begin at such extra width line and
all setbacks shall be measured from such line.
E.
When there is a question as to the suitability of
a lot or lots for their intended use due to factors such as rock formations,
flood conditions or similar circumstances, the Planning Board may
after adequate investigation withhold approval of such lots.
A.
Where a subdivision is traversed by a watercourse,
drainageway, channel or street, there shall be provided a stormwater
easement or drainage right-of-way conforming substantially with the
lines of such watercourse and such further width or construction,
or both, as will be adequate for the purpose. A minimum of 15 feet
beyond the bank top on a least one side shall be provided for access
to the drainage right-of-way. In any event, the easement shall meet
the minimum widths and locations shown on any adopted Official Map
or Master Plan.
B.
Natural features such as trees, brooks, hilltops and
views shall be preserved whenever possible in designing any subdivision
containing such features.
[Amended 4-18-2005 by Ord. No. 2011-2005]
A.
Scope and purpose.
(1)
Policy statement. Flood control, groundwater recharge,
and pollutant reduction through the use of stormwater management measures,
including green infrastructure best management practices (GI BMPs)
and nonstructural stormwater management strategies. GI BMPs and low-impact
development (LID) should be utilized to meet the goal of maintaining
natural hydrology to reduce stormwater runoff volume, reduce erosion,
encourage infiltration and groundwater recharge, and reduce pollution.
GI BMPs and LID should be developed based upon physical site conditions
and the origin, nature and the anticipated quantity, or amount, of
potential pollutants. Multiple stormwater management BMPs may be necessary
to achieve the established performance standards for water quality,
quantity, and groundwater recharge.
[Amended 4-27-2021 by Ord. No. 2574-2021]
(2)
Purpose. It is the purpose of this section to establish minimum stormwater management requirements and controls for "major development," as defined in Subsection B.
(3)
Applicability.
(a)
This section shall be applicable to all site
plans and subdivisions for the following major developments that require
preliminary or final site plan or subdivision review: nonresidential
major developments and aspects of residential major developments that
are not preempted by the residential site improvement standards at
N.J.A.C. 5:21.
(b)
This section shall also be applicable to all
major developments undertaken by the Borough of Fair Lawn.
(4)
Compatibility with other permit and ordinance requirements.
Development approvals issued for subdivisions and site plans pursuant
to this section are to be considered an integral part of development
approvals under the subdivision and site plan review process and do
not relieve the applicant of the responsibility to secure required
permits or approvals for activities regulated by any other applicable
code, rule, act, or ordinance. In their interpretation and application,
the provisions of this section shall be held to be the minimum requirements
for the promotion of the public health, safety, and general welfare.
This section is not intended to interfere with, abrogate, or annul
any other ordinances, rule or regulation, statute, or other provision
of law except that, where any provision of this section imposes restrictions
different from those imposed by any other ordinance, rule or regulation,
or other provision of law, the more restrictive provisions or higher
standards shall control.
B.
COMMUNITY BASIN
COMPACTION
CONTRIBUTORY DRAINAGE AREA
CORE
COUNTY REVIEW AGENCY
DEPARTMENT
DESIGNATED CENTER
DESIGN ENGINEER
DEVELOPMENT
DRAINAGE AREA
ENVIRONMENTALLY CONSTRAINED AREA
ENVIRONMENTALLY CRITICAL AREAS
EMPOWERMENT NEIGHBORHOOD
EROSION
GREEN INFRASTRUCTURE
HUC 14 or HYDROLOGIC UNIT CODE 14
IMPERVIOUS SURFACE
INFILTRATION
LEAD PLANNING AGENCY
MAJOR DEVELOPMENT
(1)
(a)
(b)
(c)
(d)
(2)
MOTOR VEHICLE SURFACE
MUNICIPALITY
NEW JERSEY STORMWATER BEST MANAGEMENT PRACTICES (BMP) or BMP
MANUAL
NODE
NUTRIENT
PERSON
POLLUTANT
RECHARGE
REGULATED IMPERVIOUS SURFACE
(1)
(2)
(3)
(4)
REGULATED MOTOR VEHICLE SURFACE
(1)
(2)
SEDIMENT
SITE
SOIL
STATE DEVELOPMENT AND REDEVELOPMENT PLAN METROPOLITAN PLANNING
AREA (PA1)
STATE PLAN POLICY MAP
STORMWATER
STORMWATER MANAGEMENT BASIN
STORMWATER MANAGEMENT MEASURE
STORMWATER MANAGEMENT PLANNING AGENCY
STORMWATER MANAGEMENT PLANNING AREA
STORMWATER RUNOFF
URBAN COORDINATING COUNCIL EMPOWERMENT NEIGHBORHOOD
URBAN ENTERPRISE ZONES
URBAN REDEVELOPMENT AREA
WATERS OF THE STATE
WETLANDS or WETLAND
Definitions. Unless specifically defined below, words
or phrases used in this section shall be interpreted so as to give
them the meaning they have in common usage and to give this section
its most reasonable application. The definitions below are the same
as or based on the corresponding definitions in the stormwater management
rules at N.J.A.C. 7:8-1.2.
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.
[Added 4-27-2021 by Ord. No. 2574-2021]
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.
[Added 4-27-2021 by Ord. No. 2574-2021]
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 Commissioners
to review municipal stormwater management plans and implementing ordinance(s).
The county review agency may either be:
[Amended 4-27-2021 by Ord. No. 2574-2021]
The New Jersey Department of Environmental Protection.
A state development and redevelopment plan center as designated
by the State Planning Commission such as urban, regional, town, village,
or hamlet.
A person professionally qualified and duly licensed in New
Jersey to perform engineering services that may include, but not necessarily
be limited to, development of project requirements, creation and development
of project design and preparation of drawings and specifications.
The division of a parcel of land into two or more parcels,
the construction, reconstruction, conversion, structural alteration,
relocation or enlargement of any building or structure, any mining
excavation or landfill, and any use or change in the use of any building
or other structure, or land or extension of use of land, by any person,
for which permission is required under the Municipal Land Use Law,
N.J.S.A. 40:55D-1 et seq.
A geographic area within which stormwater, sediments, or
dissolved materials drain to a particular receiving water body or
to a particular point along a receiving water body.
The following areas where the physical alteration of the
land is in some way restricted, either through regulation, easement,
deed restriction or ownership, such as: wetlands, floodplains, threatened
and endangered species sites or designated habitats, and parks and
preserves. Habitats of endangered or threatened species are identified
using the Department's Landscape Project as approved by the Department's
Endangered and Nongame Species Program.
[Added 4-27-2021 by Ord. No. 2574-2021]
An area or feature which is of significant environmental
value, including but not limited to: stream corridors; natural heritage
priority sites; habitat of endangered or threatened species; large
areas of contiguous open space or upland forest; steep slopes; and
wellhead protection and groundwater recharge areas. Habitats of endangered
or threatened species are identified using the Department's Landscape
Project as approved by the Department's Endangered and Nongame Species
Program.
A neighborhood designated by the Urban Coordinating Council
"in consultation and conjunction with" the New Jersey Redevelopment
Authority pursuant to N.J.S.A 55:19-69.
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:
[Added 4-27-2021 by Ord. No. 2574-2021]
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.
[Added 4-27-2021 by Ord. No. 2574-2021]
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.
[Added 4-27-2021 by Ord. No. 2574-2021]
[Amended 4-27-2021 by Ord. No. 2574-2021]
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;
A combination of Subsection B(1)(b) and (c) above that totals
an area of 1/4 acre or more. The same surface shall not be counted
twice when determining if the combination area equals 1/4 acre or
more.
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 B(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.
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.
[Added 4-27-2021 by Ord. No. 2574-2021]
Any city, borough, town, township, or village.
[Added 4-27-2021 by Ord. No. 2574-2021]
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(4.2) 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.
[Added 4-27-2021 by Ord. No. 2574-2021]
An area designated by the State Planning Commission concentrating
facilities and activities which are not organized in a compact form.
A chemical element or compound, such as nitrogen or phosphorus,
which is essential to and promotes the development of organisms.
Any individual, corporation, company, partnership, firm,
association, Borough of Fair Lawn or political subdivision of this
state subject to municipal jurisdiction pursuant to the Municipal
Land Use Law, N.J.S.A. 40:55D-1 et seq.
Any dredged spoil, solid waste, incinerator residue, filter
backwash, sewage, garbage, refuse, oil, grease, sewage sludge, munitions,
chemical wastes, biological materials, medical wastes, radioactive
substance (except those regulated under the Atomic Energy Act of 1954,
as amended, 42 U.S.C. 2011 et seq.), thermal waste, wrecked or discarded
equipment, rock, sand, cellar dirt, industrial, municipal, agricultural,
and construction waste or runoff, or other residue discharged directly
or indirectly to the land, 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 vapotranspired.
Any of the following, alone or in combination:
[Added 4-27-2021 by Ord. No. 2574-2021]
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:
[Added 4-27-2021 by Ord. No. 2574-2021]
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 basin may either
be normally dry (that is, a detention basin or infiltration basin),
retain water in a permanent pool (a retention basin), or be planted
mainly with wetland vegetation (most constructed stormwater wetlands).
Any structural or nonstructural strategy, practice, technology,
process, program, or other method intended to control or reduce stormwater
runoff and associated pollutants, or to induce or control the infiltration
or groundwater recharge of stormwater or to eliminate illicit or illegal
nonstormwater discharges into stormwater conveyances.
A public body authorized by legislation to prepare stormwater
management plans.
[Added 4-27-2021 by Ord. No. 2574-2021]
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.
[Added 4-27-2021 by Ord. No. 2574-2021]
Water flow on the surface of the ground or in storm sewers,
resulting from precipitation.
A neighborhood given priority access to state resources through
the New Jersey Redevelopment Authority.
A zone designated by the New Jersey Enterprise Zone Authority
pursuant to the New Jersey Urban Enterprise Zones Act, N.J.S.A. 52:27H-60
et seq.
Previously developed portions of areas:
The ocean and its estuaries, all springs, streams, wetlands,
and bodies of surface or ground water, whether natural or artificial,
within the boundaries of the State of New Jersey or subject to its
jurisdiction.
An area that is inundated or saturated by surface water or
groundwater at a frequency and duration sufficient to support, and
that under normal circumstances does support, a prevalence of vegetation
typically adapted for life in saturated soil conditions, commonly
known as hydrophytic vegetation.
C.
General standards. Design and performance standards
for stormwater management measures.
(1)
Stormwater management measures for major development
shall be developed to meet the erosion control, groundwater recharge,
stormwater runoff quantity, and stormwater runoff quality treatment
as follows:
[Amended 4-27-2021 by Ord. No. 2574-2021]
(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 echarge, stormwater runoff quantity, and stormwater runoff quality requirements of Subsection D(6) and (7):
(a)
The construction of an underground utility line,
provided that the disturbed areas are revegetated upon completion;
(b)
The construction of an aboveground utility line,
provided that the existing conditions are maintained to the maximum
extent practicable; and
(c)
The construction of a public pedestrian access,
such as a sidewalk or trail with a maximum width of 14 feet, provided
that the access is made of permeable material.
(4)
A waiver from strict compliance from the green infrastructure, groundwater recharge, stormwater runoff quantity, and stormwater runoff quality requirements of Subsection D(6) and (7) may be obtained for the enlargement of an existing public roadway or railroad or the construction or enlargement of a public pedestrian access, provided that the following conditions are met:
[Amended 4-27-2021 by Ord. No. 2574-2021]
(a)
The applicant demonstrates that there is a public
need for the project that cannot be accomplished by any other means;
(d)
The applicant demonstrates that it does not own or have other rights to areas, including the potential to obtain through condemnation lands not falling under Subsection D(4)(c) above within the upstream drainage area of the receiving stream, that would provide additional opportunities to mitigate the requirements of Subsection D(6) and (7) that were not achievable on site.
(4.1)
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(4.11), (6), (7) and (8). 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.
[Added 4-27-2021 by Ord.
No. 2574-2021]
(4.2)
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.
[Added 4-27-2021 by Ord.
No. 2574-2021]
|
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
|
60-80
|
No
|
No
|
—
|
(Notes corresponding to annotations (a) through (g) after Table 3.)
|
Table 2
Green Infrastructure BMPs for Stormwater Runoff Quantity
(or for Groundwater Recharge and/or Stormwater Runoff Quality
with a Waiver or Variance from N.J.A.C. 7:8-5.3)
| ||||
|---|---|---|---|---|
|
Best Management Practice
|
Stormwater Runoff Quality TSS Removal Rate
(percent)
|
Stormwater Runoff Quantity
|
Groundwater Recharge
|
Minimum Separation from Seasonal High Water Table
(feet)
|
|
Bioretention system
|
80 or 90
|
Yes
|
Yes(b)
No(c)
|
2(b)
1(c)
|
|
Infiltration basin
|
80
|
Yes
|
Yes
|
2
|
|
Sand filter(b)
|
80
|
Yes
|
Yes
|
2
|
|
Standard constructed wetland
|
90
|
Yes
|
No
|
N/A
|
|
Wet pond(d)
|
50-90
|
Yes
|
No
|
N/A
|
(Notes corresponding to annotations (a) through (g) after Table 3.)
|
Table 3
BMPs for Groundwater Recharge, Stormwater Runoff Quality, and/or
Stormwater Runoff Quantity
only with a Waiver or Variance from N.J.A.C. 7:8-5.3
| ||||
|---|---|---|---|---|
|
Best Management Practice
|
Stormwater Runoff Quality TSS Removal Rate
(percent)
|
Stormwater Runoff Quantity
|
Groundwater Recharge
|
Minimum Separation from Seasonal High Water Table
(feet)
|
|
Blue roof
|
0
|
Yes
|
No
|
N/A
|
|
Extended detention basin
|
40 to 60
|
Yes
|
No
|
1
|
|
Manufactured treatment device
|
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 E(2);
|
|
(b)
|
Designed to infiltrate into the subsoil;
|
|
(c)
|
Designed with underdrains;
|
|
(d)
|
Designed to maintain at least a ten-foot-wide area of native
vegetation along at least 50% of the shoreline and to include a stormwater
runoff retention component designed to capture stormwater runoff for
beneficial reuse, such as irrigation;
|
|
(e)
|
Designed with a slope of less than 2%;
|
|
(f)
|
Designed with a slope of equal to or greater than 2%;
|
|
(g)
|
Manufactured treatment devices that meet the definition of "green infrastructure" at Subsection B;
|
|
(h)
|
Manufactured treatment devices that do not meet the definition of "green infrastructure" at Subsection B.
|
(4.3)
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 D. Alternative stormwater management measures may be used to satisfy the requirements at Subsection D(4.11) 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(4.11)(b) are subject to the contributory drainage area limitation specified at Subsection D(4.11)(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(4.11)(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(4.11).
[Added 4-27-2021 by Ord.
No. 2574-2021]
(4.4)
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.
[Added 4-27-2021 by Ord.
No. 2574-2021]
(4.5)
Design standards for stormwater management measures
are as follows:
[Added 4-27-2021 by Ord.
No. 2574-2021]
(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(2);
(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;
(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.
(4.6)
Manufactured treatment devices may be used to meet the requirements of this subchapter, provided the pollutant removal rates are verified by the New Jersey Corporation for Advanced Technology and certified by the Department. Manufactured treatment devices that do not meet the definition of "green infrastructure" at Subsection B may be used only under the circumstances described at Subsection D(4.11)(d).
[Added 4-27-2021 by Ord.
No. 2574-2021]
(4.7)
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(4.11), (7) and (8) 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.
[Added 4-27-2021 by Ord.
No. 2574-2021]
(4.8)
If there is more than one drainage area, the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at Subsection D(7) and (8) 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.
[Added 4-27-2021 by Ord.
No. 2574-2021]
(4.9)
Any stormwater management measure authorized under the municipal stormwater management plan or ordinance shall be reflected in a deed notice recorded in the Office of the Bergen County Clerk, as appropriate, to the Borough. 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(4.11), (7) and (8) 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)(d). 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.
[Added 4-27-2021 by Ord.
No. 2574-2021]
(4.10)
A stormwater management measure approved under the municipal stormwater management plan or ordinance may be altered or replaced with the approval of the municipality, if the municipality determines that the proposed alteration or replacement meets the design and performance standards pursuant to Subsection D of this section and provides the same level of stormwater management as the previously approved stormwater management measure that is being altered or replaced. If an alteration or replacement is approved, a revised deed notice shall be submitted to the municipality for approval and subsequently recorded with the Office of the Bergen County Clerk and shall contain a description and location of the stormwater management measure, as well as reference to the maintenance plan, in accordance with the 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 the above.
[Added 4-27-2021 by Ord.
No. 2574-2021]
(4.11)
Green infrastructure standards.
[Added 4-27-2021 by Ord.
No. 2574-2021]
(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(6) and (7), the design engineer shall utilize green infrastructure BMPs identified in Table 1 at Subsection D and/or an alternative stormwater management measure approved in accordance with Subsection D. The following green infrastructure BMPs are subject to the following maximum contributory drainage area limitations:
|
Best Management Practice
|
Maximum Contributory Drainage Area
|
|---|---|
|
Dry well
|
1 acre
|
|
Manufactured treatment device
|
2.5 acres
|
|
Pervious pavement systems
|
Area of additional inflow cannot exceed three times the area
occupied by the BMP
|
|
Small-scale bioretention systems
|
2.5 acres
|
|
Small-scale infiltration basin
|
2.5 acres
|
|
Small-scale sand filter
|
2.5 acres
|
(d)
If a variance in accordance with N.J.A.C. 7:8-4.6 or a waiver from strict compliance in accordance with Subsection D(4) is granted from the requirements of this subsection, then BMPs from Table 1, 2, or 3, and/or an alternative stormwater management measure approved in accordance with Subsection D(4), may be used to meet the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at Subsection D(6), (7) and (8).
(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(7) and (8) unless the project is granted a waiver from strict compliance in accordance with Subsection D(4).
(5)
Nonstructural stormwater management strategies.
(a)
To the maximum extent practicable, the standards in Subsection D(6) and (7) shall be met by incorporating nonstructural stormwater management strategies set forth Subsection D(5) at into the design. The applicant shall identify the nonstructural measures incorporated into the design of the project. If the applicant contends that it is not feasible for engineering, environmental, or safety reasons to incorporate any nonstructural stormwater management measures identified in Subsection D(5)(b) below into the design of a particular project, the applicant shall identify the strategy considered and provide a basis for the contention.
(b)
Nonstructural stormwater management strategies
incorporated into site design shall:
[1]
Protect areas that provide water quality benefits
or areas particularly susceptible to erosion and sediment loss;
[2]
Minimize impervious surfaces and break up or
disconnect the flow of runoff over impervious surfaces;
[3]
Maximize the protection of natural drainage
features and vegetation;
[4]
Minimize the decrease in the time of concentration
from preconstruction to postconstruction. "Time of concentration"
is defined as the time it takes for runoff to travel from the hydraulically
most distant point of the watershed to the point of interest within
a watershed;
[5]
Minimize land disturbance including clearing
and grading;
[6]
Minimize soil compaction;
[7]
Provide low-maintenance landscaping that encourages
retention and planting of native vegetation and minimizes the use
of lawns, fertilizers and pesticides;
[8]
Provide vegetated open-channel conveyance systems
discharging into and through stable vegetated areas;
[9]
Provide other source controls to prevent or
minimize the use or exposure of pollutants at the site, in order to
prevent or minimize the release of those pollutants into stormwater
runoff. Such source controls include, but are not limited to:
[a]
Site design features that help to prevent accumulation of trash and debris in drainage systems, including features that satisfy Subsection D(5)(c) below;
[b]
Site design features that help
to prevent discharge of trash and debris from drainage systems;
[c]
Site design features that help
to prevent and/or contain spills or other harmful accumulations of
pollutants at industrial or commercial developments; and
[d]
When establishing vegetation after
land disturbance, applying fertilizer in accordance with the requirements
established under the Soil Erosion and Sediment Control Act, N.J.S.A.
4:24-39 et seq., and implementing rules.
(c)
Site design features identified under Subsection D(5)(b)[9][b] above shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets. For purposes of this paragraph, "solid and floatable materials" means sediment, debris, trash, and other floating, suspended, or settleable solids. For exemptions to this standard see Subsection D(5)(c)[3] below.
[1]
Design engineers shall use either of the following
grates whenever they use a grate in pavement or another ground surface
to collect stormwater from that surface into a storm drain or surface
water body under that grate:
[a]
The New Jersey Department of Transportation
(NJDOT) bicycle-safe grate, which is described in Chapter 2.4 of the
NJDOT Bicycle Compatible Roadways and Bikeways Planning and Design
Guidelines (April 1996); or
[b]
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.
[2]
Whenever design engineers use a curb-opening
inlet, the clear space in that curb opening (or each individual clear
space, if the curb opening has two or more clear spaces) shall have
an area of no more than seven square inches, or be no greater than
two inches across the smallest dimension.
[3]
This standard does not apply:
[a]
Where the review agency determines
that this standard would cause inadequate hydraulic performance that
could not practicably be overcome by using additional or larger storm
drain inlets that meet these standards;
[b]
Where flows from the water quality design storm as specified in Subsection D(7)(a) are conveyed through any device (e.g., end of pipe netting facility, manufactured treatment device, or a catch basin hood) that is designed, at a minimum, to prevent delivery of all solid and floatable materials that could not pass through one of the following:
[c]
Where flows are conveyed through a trash rack that has parallel bars with one-inch spacing between the bars to the elevation of the water quality design storm as specified in Subsection D(7)(a); or
[d]
Where the New Jersey Department
of Environmental Protection determines, pursuant to the New Jersey
Register of Historic Places Rules at N.J.A.C. 7:4-7.2(c), that action
to meet this standard is an undertaking that constitutes an encroachment
or will damage or destroy the New Jersey Register-listed historic
property.
(d)
Any land area used as a nonstructural stormwater management measure to meet the performance standards in Subsection D(6) and (7) shall be dedicated to a government agency, subjected to a conservation restriction filed with the appropriate county clerk's office, or subject to an approved equivalent restriction that ensures that measure or an equivalent stormwater management measure approved by the reviewing agency is maintained in perpetuity.
(6)
Erosion control, groundwater recharge and runoff quantity
standards.
(a)
This subsection contains minimum design and
performance standards to control erosion, encourage and control infiltration
and groundwater recharge, and control stormwater runoff quantity impacts
of major development.
[1]
The minimum design and performance standards
for erosion control are those established under the Soil Erosion and
Sediment Control Act, N.J.S.A. 4:24-39 et seq., and implementing rules.
[2]
The minimum design and performance standards
for groundwater recharge are as follows:
[a]
The design engineer shall, using the assumptions and factors for stormwater runoff and groundwater recharge calculations at Subsection E, either:
[i]
Demonstrate through hydrologic
and hydraulic analysis that the site and its stormwater management
measures maintain 100% of the average annual pre-construction groundwater
recharge volume for the site; or
[ii]
Demonstrate through hydrologic
and hydraulic analysis that the increase of stormwater runoff volume
from pre-construction to post-construction for the two-year storm
is infiltrated.
[b]
This groundwater recharge requirement
does not apply to projects within the "urban redevelopment area,"
or to projects subject to Subsection D(6)(a)[2][c] below.
[c]
The following types of stormwater
shall not be recharged:
[i]
Stormwater from areas of high pollutant
loading. High pollutant loading areas are areas in industrial and
commercial developments where solvents and/or petroleum products are
loaded/unloaded, stored, or applied; areas where pesticides are loaded/unloaded
or stored; areas where hazardous materials are expected to be present
in greater than "reportable quantities" as defined by the United States
Environmental Protection Agency (EPA) at 40 CFR 302.4; areas where
recharge would be inconsistent with Department-approved remedial action
work plan or landfill closure plan; and areas with high risks for
spills of toxic materials, such as gas stations and vehicle maintenance
facilities; and
[ii]
Industrial stormwater exposed
to source material. "Source material" means any material(s) or machinery,
located at an industrial facility, that is directly or indirectly
related to process, manufacturing or other industrial activities,
which could be a source of pollutants in any industrial stormwater
discharge to groundwater. Source materials include, but are not limited
to: raw materials; intermediate products; final products; waste materials;
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.
[d]
The design engineer shall assess
the hydraulic impact on the groundwater table and design the site
so as to avoid adverse hydraulic impacts. Potential adverse hydraulic
impacts include, but are not limited to, exacerbating a naturally
or seasonally high water table so as to cause surficial ponding, flooding
of basements, or interference with the proper operation of subsurface
sewage disposal systems and other subsurface structures in the vicinity
or downgradient of the groundwater recharge area.
[3]
In order to control stormwater runoff quantity impacts, the design engineer shall, using the assumptions and factors for stormwater runoff calculations at Subsection E, complete one of the following:
[a]
Demonstrate through hydrologic
and hydraulic analysis that for stormwater leaving the site, postconstruction
runoff hydrographs for the two-, ten- and one-hundred-year storm events
do not exceed, at any point in time, the pre-construction runoff hydrographs
for the same storm events;
[b]
Demonstrate through hydrologic
and hydraulic analysis that there is no increase, as compared to the
preconstruction condition, in the peak runoff rates of stormwater
leaving the site for the two-, ten- and hundred-year storm events
and that the increased volume or change in timing of stormwater runoff
will not increase flood damage at or downstream of the site. This
analysis shall include the analysis of impacts of existing land uses
and projected land uses assuming full development under existing zoning
and land use ordinances in the drainage area;
[c]
Design stormwater management measures
so that the postconstruction peak runoff rates for the two-, ten-
and one-hundred-year storm events are 50, 75 and 80%, respectively,
of the preconstruction peak runoff rates. The percentages apply only
to the postconstruction stormwater runoff that is attributable to
the portion of the site on which the proposed development or project
is to be constructed.
(7)
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. 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:
[Amended 4-27-2021 by Ord. No. 2574-2021]
[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.
(b)
The requirement to reduce TSS does not apply to any stormwater runoff in a discharge regulated under a numeric effluent limitation for TSS imposed under the New Jersey Pollutant Discharge Elimination System (NJPDES) rules, N.J.A.C. 7:14A, or in a discharge specifically exempt under a NJPDES permit from this requirement. Every major development, including any that discharge into a combined sewer system, shall comply with Subsection D(7)(a) 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. 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.
[Amended 4-27-2021 by Ord. No. 2574-2021]
|
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
|
(c)
If more than one BMP in series is necessary
to achieve the required eighty-percent TSS reduction for a site, the
applicant shall utilize the following formula to calculate TSS reduction:
|
R
|
=
|
A + B - (AXB)/100
| ||
|
Where
| ||||
|
R
|
=
|
total TSS percent load removal from application
of both BMPs
| ||
|
A
|
=
|
the TSS percent removal rate applicable to the
first BMP
| ||
|
B
|
=
|
the TSS percent removal rate applicable to the
second BMP
| ||
|
Table 2: TSS Removal Rates for BMPs
| |
|---|---|
|
Best Management Practice
|
TSS Percent Removal Rate
|
|
Bioretention Systems
|
90
|
|
Constructed Stormwater Wetland
|
90
|
|
Extended Detention Basin
|
40-60
|
|
Infiltration Structure
|
80
|
|
Manufactured Treatment Device
|
See Subsection F(3)
|
|
Sand Filter
|
80
|
|
Vegetative Filter Strip
|
60-80
|
|
Wet Pond
|
50-90
|
(d)
If there is more than one on-site drainage area,
the eighty-percent TSS removal rate shall apply to each drainage area,
unless the runoff from the subareas converge on site, in which case
the removal rate can be demonstrated through a calculation using a
weighted average.
(e)
Stormwater management measures shall also be designed to reduce, to the maximum extent feasible, the postconstruction nutrient load of the anticipated load from the developed site in stormwater runoff generated from the water quality design storm. In achieving reduction of nutrients to the maximum extent feasible, the design of the site shall include nonstructural strategies and structural measures that optimize nutrient removal while still achieving the performance standards in Subsection D(6) and (7).
(f)
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.
[Amended 4-27-2021 by Ord. No. 2574-2021]
(g)
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.
[Added 4-27-2021 by Ord. No. 2574-2021]
(h)
These stormwater runoff quality standards do not apply to the construction
of one individual single-family dwelling, provided that it is not
part of a larger development or subdivision that has received preliminary
or final site plan approval prior to December 3, 2018, and that the
motor vehicle surfaces are made of permeable material(s) such as gravel,
dirt, and/or shells.
[Added 4-27-2021 by Ord. No. 2574-2021]
(8)
Stormwater
runoff quantity standards. This subsection contains the minimum design
and performance standards to control stormwater runoff quantity impacts
of major development.
[Added 4-27-2021 by Ord. No. 2574-2021]
(a)
In order to control stormwater runoff quantity impacts, the design engineer shall, using the assumptions and factors for stormwater runoff calculations at Subsection E, complete one of the following:
[1]
Demonstrate through hydrologic and hydraulic analysis that for
stormwater leaving the site, post-construction runoff hydrographs
for the two-, ten-, and 100-year storm events do not exceed, at any
point in time, the pre-construction runoff hydrographs for the same
storm events;
[2]
Demonstrate through hydrologic and hydraulic analysis that there
is no increase, as compared to the pre-construction condition, in
the peak runoff rates of stormwater leaving the site for the two-,
ten-, and 100-year storm events and that the increased volume or change
in timing of stormwater runoff will not increase flood damage at or
downstream of the site. This analysis shall include the analysis of
impacts of existing land uses and projected land uses assuming full
development under existing zoning and land use ordinances in the drainage
area;
[3]
Design stormwater management measures so that the post-construction
peak runoff rates for the two-, ten- and 100-year storm events are
50%, 75%, and 80%, respectively, of the 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(8)(a)[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.
(b)
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:
[Amended 4-27-2021 by Ord. No. 2574-2021]
[1]
The USDA Natural Resources Conservation Service (NRCS) methodology, including the NRCS Runoff Equation and Dimensionless Unit Hydrograph, as described in Chapters 7, 9, 10, 15 and 16, Part 630, Hydrology National Engineering Handbook, incorporated herein by reference as amended and supplemented. This methodology is additionally described in Technical Release 55 – Urban Hydrology for Small Watersheds (TR-55), dated June 1986, incorporated herein by reference as amended and supplemented. Information regarding the methodology is available from the Natural Resources Conservation Service website at https://www.nrcs.usda.gov/Internet/FSE_DOCUMENTS/stelprdb1044171.pdf; or at United States Department of Agriculture Natural Conservation Service, 220 Davidson Avenue, Somerset, New Jersey 08873; or
[2]
The rational method for peak flow and the modified
rational method for hydrograph computations. The rational and modified
rational methods are described in "Appendix A-9 Modified Rational
Method" in the Standards for Soil Erosion and Sediment Control in
New Jersey, January 2014. This document is available from the State
Soil Conservation Committee or any of the Soil Conservation Districts
listed at N.J.A.C. 2:90-1.3(a)3. The location, address, and telephone
number for each Soil Conservation District is available from the State
Soil Conservation Committee, PO Box 330, Trenton, New Jersey 08625.
The document is also available at http://www.nj.gov/agriculture/divisions/anr/pdf/2014NJSoilErosionControlStandardsComplete.pdf.
(b)
For the purpose of calculating runoff coefficients and groundwater recharge, there is a presumption that the preconstruction condition of a site or portion thereof is a wooded land use with good hydrologic condition. The term "runoff coefficient" applies to both the NRCS methodology at Subsection E(1)(a)[1] and the rational and modified rational methods at Subsection E(1)(a)[2]. A runoff coefficient or a groundwater recharge land cover for an existing condition may be used on all or a portion of the site if the design engineer verifies that the hydrologic condition has existed on the site or portion of the site for at least five years without interruption prior to the time of application. If more than one land cover have existed on the site during the five years immediately prior to the time of application, the land cover with the lowest runoff potential shall be used for the computations. In addition, there is the presumption that the site is in good hydrologic condition (if the land use type is pasture, lawn, or park), with good cover (if the land use type is woods), or with good hydrologic condition and conservation treatment (if the land use type is cultivation).
(c)
In computing preconstruction stormwater runoff,
the design engineer shall account for all significant land features
and structures, such as ponds, wetlands, depressions, hedgerows, or
culverts, that may reduce preconstruction stormwater runoff rates
and volumes.
(d)
In computing stormwater runoff from all design
storms, the design engineer shall consider the relative stormwater
runoff rates and/or volumes of pervious and impervious surfaces separately
to accurately compute the rates and volume of stormwater runoff from
the site. To calculate runoff from unconnected impervious cover, urban
impervious area modifications as described in the NRCS Technical Release
55 — Urban Hydrology for Small Watersheds and other methods
may be employed.
(e)
If the invert of the outlet structure of a stormwater
management measure is below the flood hazard design flood elevation
as defined at N.J.A.C. 7:13, the design engineer shall take into account
the effects of tailwater in the design of structural stormwater management
measures.
(2)
Groundwater recharge may be calculated in accordance
with the following:
(a)
The New Jersey Geological Survey Report GSR-32,
A Method for Evaluating Ground Water Recharge Areas in New Jersey,
incorporated herein by reference, as amended and supplemented. Information
regarding the methodology is available from the New Jersey Stormwater
Best Management Practices Manual; at http://www.state.nj.us/dep/njgs/;
or at New Jersey Geological Survey, 29 Arctic Parkway, P.O. Box 427,
Trenton, New Jersey 08625-0427; (609) 984-6587.
F.
Standards for structural stormwater management measures.
(1)
Standards for structural stormwater management measures
are as follows:
(a)
Structural stormwater management measures shall
be designed to take into account the existing site conditions, including,
for example, environmentally critical areas, wetlands; flood-prone
areas; slopes; depth to seasonal high water table; soil type, permeability
and texture; drainage area and drainage patterns; and the presence
of solution-prone carbonate rocks (limestone).
(b)
Structural stormwater management measures shall be designed to minimize maintenance, facilitate maintenance and repairs, and ensure proper functioning. Trash racks shall be installed at the intake to the outlet structure as appropriate, and shall have parallel bars with one-inch spacing between the bars to the elevation of the water quality design storm. For elevations higher than the water quality design storm, the parallel bars at the outlet structure shall be spaced no greater than one-third the width of the diameter of the orifice or one-third the width of the weir, with a minimum spacing between bars of one inch and a maximum spacing between bars of six inches. In addition, the design of trash racks must comply with the requirements of Subsection H(2).
(c)
Structural stormwater management measures shall
be designed, constructed, and installed to be strong, durable, and
corrosion resistant. Measures that are consistent with the relevant
portions of the residential site improvement standards at N.J.A.C.
5:21-7.3, 7.4, and 7.5 shall be deemed to meet this requirement.
(d)
At the intake to the outlet from the stormwater
management basin, the orifice size shall be a minimum of 2 1/2
inches in diameter.
(2)
Stormwater management measure guidelines are available in the New Jersey Stormwater Best Management Practices Manual. Other stormwater management measures may be utilized, provided the design engineer demonstrates that the proposed measure and its design will accomplish the required water quantity, groundwater recharge and water quality design and performance standards established by Subsection D of this section.
G.
Sources for technical guidance.
[Amended 4-27-2021 by Ord. No. 2574-2021]
(1)
Technical guidance for stormwater management measures
can be found in the documents listed below, which are available to
download from the Department's website at http://www.nj.gov/dep/stormwater/bmp_manual2.htm.
(a)
Guidelines for stormwater management measures
are contained in the New Jersey Stormwater Best Management Practices
Manual, as amended. Information is provided on stormwater management
measures such as: bioretention systems, constructed stormwater wetlands,
dry wells, extended detention basins, infiltration structures, manufactured
treatment devices, pervious paving, sand filters, vegetative filter
strips, and wet ponds.
(b)
Additional maintenance guidelines are available
on the Department's website at https://www.njstormwater.org/maintenance_guidance.htm.
(2)
Submissions required for review by the Department
should be mailed to the Division of Water Quality, New Jersey Department
of Environmental Protection, Mail Code 401-02B, PO Box 420, Trenton,
New Jersey 08625-0420.
H.
Safety standards for stormwater management basins.
(1)
This subsection sets forth requirements to protect
public safety through the proper design and operation of stormwater
management basins. This subsection applies to any new stormwater management
basin.
(2)
Requirements for trash racks, overflow grates and
escape provisions.
(a)
A trash rack is a device designed to catch trash
and debris and prevent the clogging of outlet structures. Trash racks
shall be installed at the intake to the outlet from the stormwater
management basin to ensure proper functioning of the basin outlets
in accordance with the following:
[1]
The trash rack shall have parallel bars, with
no greater than six-inch spacing between the bars.
[2]
The trash rack shall be designed so as not to
adversely affect the hydraulic performance of the outlet pipe or structure.
[3]
The average velocity of flow through a clean
trash rack is not to exceed 2.5 feet per second under the full range
of stage and discharge. Velocity is to be computed on the basis of
the net area of opening through the rack.
[4]
The trash rack shall be constructed and installed
to be rigid, durable, and corrosion resistant, and shall be designed
to withstand a perpendicular live loading of 300 pounds per square
foot.
(b)
An overflow grate is designed to prevent obstruction
of the overflow structure. If an outlet structure has an overflow
grate, such grate shall meet the following requirements:
[1]
The overflow grate shall be secured to the outlet
structure but removable for emergencies and maintenance.
[2]
The overflow grate spacing shall be no less
than two inches across the smallest dimension.
[3]
The overflow grate shall be constructed and
installed to be rigid, durable, and corrosion resistant, and shall
be designed to withstand a perpendicular live loading of 300 pounds
per square foot.
(c)
For purposes of this paragraph, escape provisions
means the permanent installation of ladders, steps, rungs, or other
features that provide easily accessible means of egress from stormwater
management basins. Stormwater management basins shall include escape
provisions as follows:
[1]
If a stormwater management basin has an outlet structure, escape provisions shall be incorporated in or on the structure. With the prior approval of the reviewing agency identified in Subsection H(3), a freestanding outlet structure may be exempted from this requirement.
[2]
Safety ledges shall be constructed on the slopes of all new stormwater management basins having a permanent pool of water deeper than two and one-half feet. Such safety ledges shall be comprised of two steps. Each step shall be four to six feet in width. One step shall be located approximately two and one-half feet below the permanent water surface, and the second step shall be located one to one and one-half feet above the permanent water surface. See Subsection H(4) for an illustration of safety ledges in a stormwater management basin.
[3]
In new stormwater management basins, the maximum
interior slope for an earthen dam, embankment, or berm shall not be
steeper than three horizontal to one vertical.
(3)
Variance or exemption from safety standards. A variance
or exemption from the safety standards for stormwater management basins
may be granted only upon a written finding by the appropriate reviewing
agency (municipality, county or department) that the variance or exemption
will not constitute a threat to public safety.
(4)
Illustration of safety ledges in a new stormwater
management basin.
 |
I.
Requirements for a site development stormwater plan.
(1)
Submission of site development stormwater plan.
(a)
Whenever an applicant seeks municipal approval of a development subject to this section, the applicant shall submit all of the required components of the Checklist for the Site Development Stormwater Plan at Subsection I(3) below as part of the submission of the applicant's application for subdivision or site plan approval.
(b)
The applicant shall demonstrate that the project
meets the standards set forth in this section.
(2)
Site Development Stormwater Plan Approval. The applicant's
site development project shall be reviewed as a part of the subdivision
or site plan review process by the municipal board or official from
which municipal approval is sought. That municipal board or official
shall consult the engineer retained by the Planning and/or Zoning
Board (as appropriate) to determine if all of the checklist requirements
have been satisfied and to determine if the project meets the standards
set forth in this section.
(3)
Checklist requirements. The following information
shall be required:
(a)
Topographic base map. The reviewing engineer
may require upstream tributary drainage system information as necessary.
It is recommended that the topographic base map of the site be submitted
which extends a minimum of 200 feet beyond the limits of the proposed
development, at a scale of one inch equals 200 feet or greater, showing
two-foot contour intervals. The map as appropriate may indicate the
following: existing surface water drainage, shorelines, steep slopes,
soils, erodible soils, perennial or intermittent streams that drain
into or upstream of the Category One waters, wetlands and floodplains
along with their appropriate buffer strips, marshlands and other wetlands,
pervious or vegetative surfaces, existing man-made structures, roads,
bearing and distances of property lines, and significant natural and
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
environs. This description should include a discussion of soil conditions,
slopes, wetlands, waterways and vegetation on the site. Particular
attention should be given to unique, unusual, or environmentally sensitive
features and to those that provide particular opportunities or constraints
for development.
(c)
Project description and site plan(s). A map
(or maps) at the scale of the topographical base map indicating the
location of existing and proposed buildings, roads, parking areas,
utilities, structural facilities for stormwater management and sediment
control, and other permanent structures. The map(s) shall also clearly
show areas where alterations occur in the natural terrain and cover,
including lawns and other landscaping, and seasonal high groundwater
elevations. A written description of the site plan and justification
of proposed changes in natural conditions may also be provided.
(d)
Land use planning and source control plan. This plan shall provide a demonstration of how the goals and standards of Subsections C through F are being met. The focus of this plan shall be to describe how the site is being developed to meet the objective of controlling groundwater recharge, stormwater quality and stormwater quantity problems at the source by land management and source controls whenever possible.
(e)
Stormwater management facilities map. The following
information, illustrated on a map of the same scale as the topographic
base map, shall be included:
[1]
Total area to be paved or built upon, proposed
surface contours, land area to be occupied by the stormwater management
facilities and the type of vegetation thereon, and details of the
proposed plan to control and dispose of stormwater.
[2]
Details of all stormwater management facility
designs, during and after construction, including discharge provisions,
discharge capacity for each outlet at different levels of detention
and emergency spillway provisions with maximum discharge capacity
of each spillway.
(f)
Calculations.
[1]
Comprehensive hydrologic and hydraulic design calculations for the predevelopment and postdevelopment conditions for the design storms specified in Subsection D of this section.
[2]
When the proposed stormwater management control
measures (e.g., infiltration basins) depends on the hydrologic properties
of soils, then a soils report shall be submitted. The soils report
shall be based on on-site boring logs or soil pit profiles. The number
and location of required soil borings or soil pits shall be determined
based on what is needed to determine the suitability and distribution
of soils present at the location of the control measure.
(g)
Maintenance and repair plan. The design and planning of the stormwater management facility shall meet the maintenance requirements of Subsection J.
(h)
Waiver from submission requirements. The municipal official or board reviewing an application under this section may, in consultation with the Municipal Engineer, waive submission of any of the requirements in Subsection I(3)(a) through (f) of this section when it can be demonstrated that the information requested is impossible to obtain, or it would create a hardship on the applicant to obtain and its absence will not materially affect the review process.
J.
Maintenance and repair.
(2)
General maintenance.
(a)
The design engineer shall prepare a maintenance
plan for the stormwater management measures incorporated into the
design of a major development.
(b)
The maintenance plan shall contain specific
preventative maintenance tasks and schedules; cost estimates, including
estimated cost of sediment, debris, or trash removal; and the name,
address, and telephone number of the person or persons responsible
for preventative and corrective maintenance (including replacement).
Maintenance guidelines for stormwater management measures are available
in the New Jersey Stormwater Best Management Practices Manual. If
the maintenance plan identifies a person other than the developer
(for example, a public agency or homeowners' association) as having
the responsibility for maintenance, the plan shall include documentation
of such person's agreement to assume this responsibility, or of the
developer's obligation to dedicate a stormwater management facility
to such person under an applicable ordinance or regulation.
(c)
Responsibility for maintenance shall not be
assigned or transferred to the owner or tenant of an individual property
in a residential development or project, unless such owner or tenant
owns or leases the entire residential development or project.
(d)
If the person responsible for maintenance identified under Subsection J(2)(b) above is not a public agency, the maintenance plan and any future revisions based on Subsection J(2)(g) below shall be recorded upon the deed of record for each property on which the maintenance described in the maintenance plan must be undertaken.
(e)
Preventative and corrective maintenance shall
be performed to maintain the function of the stormwater management
measure, including repairs or replacement to the structure; removal
of sediment, debris, or trash; restoration of eroded areas; snow and
ice removal; fence repair or replacement; restoration of vegetation;
and repair or replacement of nonvegetated linings.
(f)
The person responsible for maintenance identified under Subsection J(2) above shall maintain a detailed log of all preventative and corrective maintenance for the structural stormwater management measures incorporated into the design of the development, including a record of all inspections and copies of all maintenance-related work orders.
(g)
The person responsible for maintenance identified under Subsection J(2)(b) above shall evaluate the effectiveness of the maintenance plan at least once per year and adjust the plan and the deed as needed.
(h)
The person responsible for maintenance identified under Subsection J(2)(b) above shall retain and make available, upon request by any public entity with administrative, health, environmental, or safety authority over the site, the maintenance plan and the documentation required by Subsection J(2)(f) and (g).
(j)
In the event that the stormwater management
facility becomes a danger to public safety or public health, or if
it is in need of maintenance or repair, the municipality shall so
notify the responsible person in writing. Upon receipt of that notice,
the responsible person shall have 14 days to effect maintenance and
repair of the facility in a manner that is approved by the Municipal
Engineer or his designee. The municipality, in its discretion, may
extend the time allowed for effecting maintenance and repair for good
cause. If the responsible person fails or refuses to perform such
maintenance and repair, the municipality or county may immediately
proceed to do so and shall bill the cost thereof to the responsible
person.
(3)
Nothing in this section shall preclude the municipality
in which the major development is located from requiring the posting
of a performance or maintenance guarantee in accordance with N.J.S.A.
40:55D-53.
K.
Refuse containers and dumpsters.
[Added 12-14-2010 by Ord.
No. 2201-2010[1]]
(1)
Purpose. The purpose of this Subsection K is to require dumpsters and other refuse containers that are outdoors or exposed to stormwater to be covered at all times and to prohibit the spilling, dumping, leaking, or otherwise discharge of liquids, semi-liquids or solids from the containers to the municipal separate storm sewer system(s) operated by the Borough of Fair Lawn and/or the waters of the state so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.
(2)
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
PERSON
REFUSE CONTAINER
STORMWATER
WATERS OF THE STATE
Definitions. For the purpose of this Subsection K, the following terms, phrases, words, and their derivations shall have the meanings stated herein unless their use in the text of this Subsection K 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.
A conveyance or system of conveyances (including roads with
drainage systems, municipal streets, catch basins, curbs, gutters,
ditches, man-made channels, or storm drains) that is owned or operated
by the Borough of Fair Lawn or other public body, and is designed
and used for collecting and conveying stormwater.
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this state subject to municipal
jurisdiction.
Any waste container that a person controls whether owned,
leased, or operated, including dumpsters, trash cans, garbage pails,
and plastic trash bags.
Water resulting from precipitation (including rain and snow)
that runs off the land's surface, is transmitted to the subsurface,
is captured by separate storm sewers or other sewerage or drainage
facilities, or is conveyed by snow-removal equipment.
The ocean and its estuaries, all springs, streams and bodies
of surface water or groundwater, whether natural or artificial, within
the boundaries of the State of New Jersey or subject to its jurisdiction.
(3)
Covering of containers and dumpsters; prevention of leaks and discharges.
(a)
Any person who controls, whether owned, leased, or operated,
a refuse container or dumpster must ensure that such container or
dumpster is covered at all times and shall prevent refuse from spilling
out or overflowing.
(b)
Any person who owns, leases or otherwise uses a refuse container
or dumpster must ensure that such container or dumpster does not leak
or otherwise discharge liquids, semi-liquids or solids to the municipal
separate storm sewer system(s) operated by the Borough of Fair Lawn.
(4)
Exceptions.
(a)
Permitted temporary demolition containers.
(b)
Litter receptacles (other than dumpsters or other bulk containers).
(c)
Individual homeowner trash and recycling containers.
(d)
Refuse containers at facilities authorized to discharge stormwater
under a valid NJPDES permit.
(e)
Large bulky items (e.g., furniture, bound carpet and padding,
white goods) placed curbside for pickup.
L.
Private storm drain inlet retroffitting.
[Added 12-14-2010 by Ord. No. 2202-2010]
(1)
Purpose. The purpose of this Subsection I is to require the retrofitting of existing storm drain inlets which are in direct contact with repaving, repairing, reconstruction, or resurfacing or alterations of facilities on private property, to prevent the discharge of solids and floatables (such as plastic bottles, cans, food wrappers and other litter) to the municipal separate storm sewer system(s) operated by the Borough of Fair Lawn so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.
(2)
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
PERSON
STORM DRAIN INLET
WATERS OF THE STATE
Definitions. For the purpose of this Subsection I, the following terms, phrases, words, and their derivations shall have the meanings stated herein unless their use in the text of this Subsection I 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.
A conveyance or system of conveyances (including roads with
drainage systems, municipal streets, catch basins, curbs, gutters,
ditches, manmade channels, or storm drains) that is owned or operated
by the Borough of Fair Lawn or other public body, and is designed
and used for collecting and conveying stormwater.
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this State subject to municipal
jurisdiction.
An opening in a storm drain used to collect stormwater runoff
and includes, but is not limited to, a grate inlet, curb-opening inlet,
slotted inlet, and combination inlet.
The ocean and its estuaries, all springs, streams and bodies
of surface water or groundwater, whether natural or artificial, within
the boundaries of the State of New Jersey or subject to its jurisdiction.
(3)
Prohibited conduct. No person in control of private property (except
a residential lot with one single-family house) shall authorize the
repaving, repairing (excluding the repair of individual potholes),
resurfacing (including top coating or chip sealing with asphalt emulsion
or a thin base of hot bitumen), reconstructing or altering any surface
that is in direct contact with an existing storm drain inlet on that
property unless the storm drain inlet either:
(4)
Design standard. Storm drain inlets identified in Subsection I(3) above shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets. For purposes of this Subsection I(4), "solid and floatable materials" means sediment, debris, trash, and other floating, suspended, or settleable solids. For exemptions to this standard see Subsection I(4)(c) below.
(a)
Grates.
[1]
Design engineers shall use either of the following grates whenever
they use a grate in pavement or another ground surface to collect
stormwater from that surface into a storm drain or surface water body
under that grate:
[a]
The New Jersey Department of Transportation (NJDOT)
bicycle-safe grate, which is described in Chapter 2.4 of the NJDOT
Bicycle Compatible Roadways and Bikeways Planning and Design Guidelines
(April 1996); or
[b]
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.
[2]
Examples of grates subject to this standard include grates in
grate inlets, the grate portion (non-curb-opening portion) of combination
inlets, grates on storm sewer manholes, ditch grates, trench grates,
and grates of spacer bars in slotted drains. Examples of ground surfaces
include surfaces of roads (including bridges), driveways, parking
areas, bikeways, plazas, sidewalks, lawns, fields, open channels,
and stormwater basin floors.
(b)
Whenever design engineers use a curb-opening inlet, the clear
space in that curb opening (or each individual clear space, if the
curb opening has two or more clear spaces) shall have an area of no
more than seven square inches, or be no greater than two inches across
the smallest dimension.
(c)
This standard does not apply:
[1]
Where the Municipal Engineer agrees that this standard would
cause inadequate hydraulic performance that could not practicably
be overcome by using additional or larger storm drain inlets that
meet these standards;
[2]
Where flows 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:
[3]
Where flows are conveyed through a trash rack that has parallel
bars with one-inch spacing between the bars; or
[4]
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.
A.
All streets shall be designed to accommodate storm
drainage, along streets, including the installation of catch basins
and pipes where the same may be necessary for proper surface drainage.
The requirements of this section shall not be satisfied by the construction
of a dry well. The system shall be adequate to carry off or store
the stormwater and natural drainage water which originates beyond
the development boundaries and passes through the development calculated
on the basis of maximum potential development as permitted under this
code. No stormwater runoff or natural drainage water shall be so diverted
as to change the drainage characteristics of abutting property, overload
existing drainage systems or create flooding or the need for additional
drainage structures on other lands without proper and approved provisions
being made for taking care of these conditions, including off-tract
improvements.
B.
A twenty-five-year storm shall be used in computing
stormwater runoff for storm drainage design. For culverts and open
channels where the upstream drainage area exceeds 50 acres, a one-hundred-year
storm shall be used.
C.
The pipe size in a surface water drainage system shall
not be less than 15 inches in diameter.
D.
Inlets shall be located at all intersections with
inlets on both sides of the street at intervals of not more than 400
feet or such shorter distances as required to prevent the flow of
surface water from exceeding 6.0 cubic feet per second at the catch
basin inlet. Access manholes shall be at pipe junctions.
E.
Storm drain pipes running longitudinally along streets
shall not be located under curbing.
F.
Specifications for manholes, inlets and storm drains
shall follow the 1996 New Jersey Department of Transportation Standard
Specifications for Road and Bridge Construction as currently amended.
G.
For both major and minor developments, blocks and
lots shall be graded to secure proper drainage away from all buildings
and to prevent the collection of stormwater in pools and to avoid
the concentration of stormwater from each lot to adjacent lots.
All sanitary sewer facilities shall be designed
and constructed in accordance with N.J.A.C. 7:14A, ASCE Manual of
Practice No. 37, Design and Construction of Sanitary and Storm Sewers,
and Borough of Fair Lawn standard details. No proposed system may
be connected into an existing system that experiences any type of
surcharge, overloading, defective piping or being under capacity.
All sanitary systems shall be submitted to the Borough Engineer for
approval.
All water supply facilities shall be designed
and constructed in accordance with N.J.A.C. 7:10, the American Water
Works Association (A.W.W.A.) standards and Borough of Fair Lawn standard
details.
