Township of East Brunswick, NJ Design and Performance Standards Applicable to All Development

The plan shall indicate all tree(s) to be removed, specifically by an assigned number, and the caliper of each tree.

[Amended 5-10-93 by Ord. No. 93-22; 3-11-96 by Ord. No. 96-6]

The plan shall indicate all tree(s) to remain, specifically by an assigned number.

[Amended 3-11-96 by Ord. No. 96-6]

The plan shall indicate a limit of disturbance line (i.e., where the four foot high standard wood snow fence will be erected).

[Amended 3-11-96 by Ord. No. 96-6]

For any clearing greater than two acres a representative five (5%) percent of the wooded areas proposed to be cleared shall be inventoried. The representative 5% shall be determined by agreement between the Director of the Department of Planning and Engineering or his/her designee and the applicant. Where less than two acres is proposed to be cleared all trees to be removed shall be inventoried.

[Added 3-11-96 by Ord. No. 96-6]

(5)

All trees greater than twenty (20) inches in caliper or any specimen trees (i.e., any unique or remarkable tree or species) to be removed shall be indicated on the plan.

[Added 3-11-96 by Ord. No. 96-6]

Any other information which may reasonably be required to enable the application to be properly evaluated.

Exemptions. The following properties and uses shall be exempt from the requirements of obtaining a tree removal permit and the provisions of this code:

[Added 5-24-10 by Ord. No. 10-14]

Existing residential properties 15,000 square feet or less in area and removing one (1) tree in any given one (1) year period.

Any property under a woodland management plan provided the woodland management plan is on file and certified by the local tax assessor.

Public entities, local utilities, Local, County, State and Federal Authorities maintaining property, easements or right of ways in the normal course of business or as required by State and Federal regulations.

The removal of individual tree limbs or branches as long as the habit and viability of the tree remains.

Where an application is made in connection with the construction of a building or other improvement, no building permit shall be issued until the tree removal permit has been granted.

[Amended 3-11-96 by Ord. No. 96-6]

Existing Residential Property. If the application is for an existing residential dwelling or a homeowners association and discloses that the total number of trees to be removed or destroyed on the property or open space area in question, and those which are the subject of the application, is ten (10) or less, the permit may be issued without replacement trees required. Within a one year period permits may be issued for removal of no more than ten (10) trees on the same property without replacement trees being required. Any tree removal occurring where a homeowners association exists must obtain approval by the ruling body of the association prior to obtaining a tree removal permit.

[Amended 5-10-93 by Ord. No. 93-22; 3-11-96 by Ord. No. 96-6

New Residential Development.

If the application is for a new residential development (subdivisions), up to fifty (50%) percent of the trees may be removed for the purpose of clearing for the building envelope, driveways and yard space for the building lots only without replacement trees required.

[Amended 3-11-96 by Ord. No. 96-6]

For new residential development where tree removal is to occur within public or private roadways/right-of-ways, drainage facilities, parking areas or proposed open space all trees are subject to replacement in accordance with this section of the ordinance.

[Added 3-11-96 by Ord. No. 96-6]

Agricultural Operations. Agricultural operations are exempt from replacement requirements providing the property in question is farmed for a minimum of five (5) years after the date of clearing. An application must be submitted prior to clearing. If the property is developed for any other use before the five (5) years expires, the replacement obligation will be enforced according to the new use of the property.

[Amended 5-10-93 by Ord. No. 93-22]

Nonresidential Development.

All commercial and industrial developments are required to replace all trees removed in accordance with this section of the ordinance.

Inspection Required.

A representative of the Department of Planning and Engineering shall inspect the trees which are the subject of the application, the drainage, and other physical conditions existing on the property, and on adjacent properties.

No hazardous trees shall be permitted to remain on a property beyond completion of a project and/or the release of a performance bond. An inspection of replacement trees and removal of potentially hazardous, dead or dying vegetation will be required prior to the issuance of a certificate of occupancy or release of a performance bond.

[Amended 5-24-10 by Ord. No. 10-14]

Tree Escrow Fund Established.

A Tree Escrow Fund shall be established by the Township to promote environmental enhancement programs such as tree planting, tree preservation, park development, landscaping and/or other related projects on or within Municipally owned properties or facilities. A separate trust account shall be established for this purpose. Appropriations from the Tree Escrow Fund shall be authorized by the Mayor and Council and shall be used for a municipal purpose through the recommendation of the Department of Planning and Engineering.

[Added 3-11-96 by Ord. No. 96-6]

Replacement Tree Value Calculations.

The replacement value of all trees to be removed where replacement trees are required by this ordinance shall be calculated as follows:

[Amended 5-10-93 by Ord. No. 93-22; 3-11-96 by Ord. No. 96-6; 5-24-10 by Ord. No. 10-14]

Dead and diseased trees are not counted as trees to be replaced. The value of proposed shade, ornamental, evergreen and shrub material shall be deducted from the calculated amount for replacement trees. The value of the proposed landscape material shall be calculated based upon average area costs for plant material.

Trees to be Removed	Replacement Trees
Caliper	$/Tree
greater than 6" up to 12"	$250.00
greater than 12" up to 18"	$500.00
greater than 18" up to 24"	$750.00
greater than 24"	$1,000.00

The applicant will receive a one for one replacement tree credit should stands of ten (10) or more trees greater than 6 inches in caliper be preserved within tree removal areas.

[Added 3-11-96 by Ord. No. 96-6; amended 5-24-10 by Ord. No. 10-14]

Should the value of the trees to be removed be greater than the material value of the proposed landscaping then the outstanding balance shall be provided with additional shade tree plantings on site unless one (1) or more of the following conditions exist

[Amended 3-11-96 by Ord. No. 96-6]:

The site in question can not physically accommodate the total replacement amount of trees. The applicant shall contribute an amount equal to the calculated monetary value of removed trees minus the value of the proposed landscaping to the Township Tree Escrow Fund.

[Amended 5-10-93 by Ord. No. 93-22; 3-11-96 by Ord. No. 96-6]

The Department of Planning and Engineering determines that the installation of additional multilevel plant material (i.e., canopy trees, understory trees, shrubs, and ground covers) will increase leaf area, and therefore be more beneficial in terms of photosynthetic production, the total dollar amount for the replacement of the removed trees can be applied to this method, subject to final approval by the Township. This method of replacement is to be implemented as an additional supplement to the landscape plan.

[Amended 5-10-93 by Ord. No. 93-22; 3-11-96 by Ord. No. 96-6]

Fees.

Upon application for a tree removal permit, the applicant shall be charged the following fees:

[Added 5-10-93 by Ord. No. 93-22; 5-24-10 by Ord. No. 10-14]

For existing single family homes when on properties greater than 15,000 square feet or removing more than one (1) tree: five ($5) dollars per tree.

For new residential building lots: twenty ($20) dollars per tree up to a maximum of five hundred ($500) dollars per lot.

For all other properties: twenty ($20) dollars per tree up to a maximum of one thousand ($1000) dollars for each acre.

Time Limit.

All tree removal permits shall be limited to one (1) year from date of issuance. If the approved tree removal has not occurred within one (1) year a new permit must be applied for and is subject to the payment of new fees.

[Added 5-10-93 by Ord. No. 93-22]

Violation.

Failure to obtain a valid tree removal permit or after proper delineation of clearing limits and the placement of the tree protection barrier in accordance with this Chapter any additional tree disturbance occurs, the developer or property owner shall be required to replace any tree removed improperly based on the following schedule

[Amended 3-11-96 by Ord. No. 96-6; 5-24-10 by Ord. No. 10-14]

The developer shall provide and install in accordance with Township standards one (1) additional 2 1/2 inch caliper/12-14 foot tall acceptable shade tree balled and burlapped for each 1 inch diameter of the tree unnecessarily removed.

At the developer's option, a 4-6 inch caliper new shade tree may be provided and installed at a ratio of 1 new tree per 4 inches of diameter of the tree unnecessarily removed. All material must be guaranteed for one year at time of planting.

Penalties.

Any person violating any of the provisions of this section or failing to perform in accordance with the terms of the Planning Board/Zoning Board approval, or the terms of the tree removal permit shall be subject to the penalties provided in Chapter 1, General Provisions, Art. I, with provisions of fines of up to one thousand ($1,000) dollars per day for each offense. A violation of any of the terms of this chapter shall be abated within five (5) days after written notice has been served, either by certified mail or personal service. Each day that a violation continues thereafter shall constitute a separate offense. Violations and penalties will be enforced by the Director of the Department of Planning and Engineering or by his/her designee.

Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

In addition to other remedies, the Building Inspector or other proper municipal official may institute any appropriate legal action to prevent a continuing violation of the terms of this chapter.

§ 192-39 Lighting.

[Amended 11-24-2014 by Ord. No. 14-13]

Required.

Lighting shall be located along streets, access drives, parking areas, sidewalks, pedestrian paths, at intersections, and where various types of circulation systems merge, intersect or split. Pathways, sidewalks, and trails shall be lit. Stairways, walkways and sloping or rising paths require illumination, as do building entrances and exits.

Style.

The style of light fixture and appurtenance shall be consistent with the style and type of the architecture of the buildings. LED or other energy efficient lighting shall be used when feasible.

Height.

Mounting height shall not exceed the height of the building or twenty-five (25) feet, whichever is less.

Standards.

Distribution of lighting shall be even throughout the site. All lighting shall be designed to provide a minimum of 0.50 footcandles and an average of 0.75 footcandles throughout all vehicular and pedestrian areas. Spillage of light from a property may be no greater than 0.1 footcandles. All lighting must be directed into the site. All lighting shall be provided by stanchion mounted fixtures or bollards and serviced underground. Building mounted fixtures, where the light source is visible, are prohibited.

Manufacturer's Specifications.

The manufacturer and manufacturer's number of all proposed fixtures must be shown on the plans.

Detail Required.

A detail of the proposed light fixture and pole shall be incorporated on the plan.

Isofootcandles Plotted.

A point by point lighting analysis with a maximum grid of ten (10') foot by ten (10') foot shall be provided on a lighting plan indicating footcandle levels of existing and proposed lighting.

§ 192-40 Loading Areas.

Required.

Truck loading and unloading areas shall be provided in sufficient amount to permit the transfer of goods and products in other than a public street or public parking area and shall be adequately screened from the view of adjoining properties or streets.

Exclusive of Off-Street Parking.

Loading spaces shall be provided as an addition to off-street parking spaces and shall not be considered as off-street parking spaces.

Size.

Loading spaces shall be at least 15 feet wide and 60 feet in length.

§ 192-41 Monuments.

Monuments shall be of the size and shape required by N.J.R.S. 46:23-9.11 and shall be placed in accordance with the statute. In addition, all additional property corners shall be set with iron pins.

§ 192-42 Open Space.

Deed Restrictions.

Any lands dedicated for open space purposes shall contain appropriate covenants and deed restrictions approved by the Board attorney that ensure that:

The open space area will not be further subdivided in the future.

The use of the open space will continue in perpetuity for the purpose specified.

Appropriate provisions are made for the maintenance of the open space.

Common open space shall not be turned into a commercial enterprise admitting the general public at a fee.

§ 192-43 Parking.

[Amended 6-10-92 by Ord. No. 92-20; 8-25-97 by Ord. No. 97-25; 11-24-14 by Ord. No. 14-13]

For residential development these standards are superseded by Residential Site Improvement Standards (N.J.A.C., Title 5, Chapter 21).

Angle of Stalls.

The angle of stalls shall be in accordance with the requirements specified below. The preferred angle of stall is ninety degrees.

Size of Stalls.

Each off-street parking space shall be nine feet wide by eighteen (9 x 18) feet in length. Each parallel parking space must be a minimum of 8 feet wide by twenty two (8' x 22') feet in length.

Aisle Width.

The width of all aisles providing direct access to individual parking stalls shall be in accordance with the requirements specified below.

Parking Angle (degrees)	Aisle Width (feet)
45	18
60	18
75	22
90	24

Driveway Width.

The driveway to a parking lot access aisle shall be a minimum width of eighteen (18) feet for a one way aisle, and twenty-four (24) feet for a two way aisle.

Curbing.

The perimeter of all parking areas and internal islands shall have continuous concrete curbing with a six inch face or an alternative approved by the Township Engineer. Concrete wheel stops are prohibited. The curb returns for all parking areas shall have a minimum of five (5) foot radius.

Striping.

All parking spaces shall be marked with four-inch white lines painted in a hairpin design. The hairpin shall have a minimum width of twelve (12) inches from the centerline of each stripe, and the parking space shall have a minimum width of nine and five-tenths feet between the center line of adjoining hairpins.

Back-up Areas.

Back up areas with a minimum depth of five feet shall be provided in all parking lots where there are dead-end aisles.

Overhang.

Where sidewalks occur in parking areas, an additional two feet of sidewalk shall be provided in order to accommodate parked vehicles overhanging or extending over the sidewalk.

Barrier Free Parking Spaces.

[Amended 6-10-92 by Ord. No. 92-20]

Size.

Such spaces shall be in accordance with the Americans with Disabilities Act. (See standard detail on file in the Department of Planning and Engineering.)

Access.

Access shall be provided in accordance with the Americans with Disabilities Act. Curb ramps shall be provided between the parking area and adjoining sidewalks.

Markings.

Each space shall be identified with a clearly visible sign displaying the international symbol of access and the following wording: "These spaces reserved for physically handicapped drivers." In addition penalty plates are required.

Pavement Specifications.

Pavement for parking lots shall have a minimum of four (4) inches bituminous stabilized base and two (2) inches bituminous surface course of material in conformance with N.J.D.O.T. Standard Specification for Road and Bridge Constructions in effect at the time of construction placed upon a subbase approved by the Township Engineer.

For industrial sites and areas subject to truck traffic the pavement shall have a minimum of five (5) inches bituminous stabilized base and two (2) inches bituminous surface course of material in conformance with N.J.D.O.T. Standard Specification for Road and Bridge Constructions in effect at the time of construction placed upon a subbase approved by the Township Engineer.

§ 192-44 Public Utilities.

[Amended 8-25-97 by Ord. No. 97-25]

For residential development these standards are superseded by Residential Site Improvement Standards (N.J.A.C., Title 5, Chapter 21).

Required.

All public services shall be connected to approved public utility systems where they exist.

Underground Installation.

The developer shall arrange with the servicing utility for the underground installation of the utility's distribution supply lines and service connections. The connections shall be in accordance with the provisions of the applicable standard terms and conditions incorporated as a part of its tariff as the same are then on file with the State of New Jersey Board of Public Utility Commissioners.

Written Instrument Required, existing overhead lines.

The developer shall submit to the approving authority, prior to the granting of approval, a written instrument from each serving utility which shall evidence full compliance with the provisions of this section; provided, however, lots which abut existing streets where overhead electric or telephone distribution supply lines and service connections have heretofore been installed may be supplied with electric and telephone service from those overhead lines, but the service connections from the utilities' overhead lines shall be installed underground. In the case of existing overhead utilities, should a road widening or an extension of service or other such condition occur as a result of the development, any replacement, relocation or extension of existing overhead lines shall be underground.

Screening.

Where natural foliage is not sufficient to provide year-round screening of any utility apparatus appearing above the surface of the ground, other than utility poles, the applicant shall provide sufficient fencing and/or live screening to conceal such apparatus year-round.

Exemption.

Any installation under this section to be performed by a servicing utility shall be exempt from the requirement of performance guaranties, but shall be subject to inspection and certification.

§ 192-45 Retaining Walls.

Retaining walls installed in slope control areas shall be constructed of reinforced concrete or other reinforced masonry or of other construction acceptable to the Township Engineer and adequately designed and detailed on the plans to carry all earth pressure, including any expected surcharges. Timber retaining structures will not be permitted within the right-of-way of public roads. All proposed retaining walls over four (4) feet in height shall require calculations to support the design of such walls prepared and certified by a Professional Engineer. All such calculations shall be submitted to the Township Engineer.

§ 192-46 Screening of Equipment.

Required.

When the effective operation of a building or structure, or equipment within a building or structure, necessitates placing machinery, motors, generators or similar devices for cooling, heating or generating purposes, outside of or on top of any structure, they shall be screened from public view. Screening shall be at least as high as the object being screened. Screening may consist of the following:

Densely planted evergreen shrubs, or approved equal.

A solid and uniform fence on all sides of said equipment with suitable landscaping to accent the structure.

A masonry wall on four (4) sides of said equipment with suitable landscaping to accent the structure.

Extensions of parapet walls or mansard roof lines or structural or ornamental screens or baffles, or

Any similar type of solid or uniform screening, which will prevent exposure of such equipment to public view.

Maintenance Opening.

The above requirements shall not be construed to prevent an opening in any required screening for maintenance purposes. However, any such opening shall be made as inconspicuous as is possible so as not to present any unsightly display of said equipment to public view.

§ 192-47 Sewage Collection and Disposal Systems.

[Amended 8-25-97 by Ord. No. 97-25; 9-27-10 by Ord. No. 10-22]

For residential development these standards are superseded by Residential Site Improvement Standards (N.J.A.C., Title 5, Chapter 21).

Sanitary sewers shall not be required in that portion of the municipality known as the Septic System Management Area.

In all areas of the municipality other than the Septic System Management Area, sanitary sewers shall be installed and shall be connected to an existing municipal sewage system. All sewers shall be designed to handle all present and probable future development in the area, and the plans and specifications shall be approved by the East Brunswick Sewer Utility prior to the issuance of any building permits. No sewage disposal system, other than the municipal system referred to herein, shall be permitted.

[Amended 9-27-10 by Ord. No. 10-22]

§ 192-48 Shade Trees.

[Amended 5-10-93 by Ord. No. 93-22]

Required.

Shade trees shall be planted and maintained by the developer. The number, type and location of shade trees shall be determined by the township. A listing of acceptable shade/street trees is on file with the Department of Planning and Engineering. Prior to any planting a test pit shall be dug to determine the perc rate and soil conditions.

[Amended 5-10-93 by Ord. No. 93-22]

Location.

Street trees shall be installed on both sides of all streets in accordance with the approved landscape plan. Trees shall either be massed at critical points or spaced evenly along the street, or both as approved by the approving authority. No tree shall be planted within 72" of the curb or sidewalk and unless authorized shall not be planted in the Township R.O.W.

Spacing.

When trees are planted at predetermined intervals along streets, spacing shall depend on tree size as follows:

Tree Size (height in feet)	Planting Interval (in feet)
Large trees (40+)	50
Medium-sized trees (30-40)	40
Small trees (to 30)	30

When the spacing interval exceeds 40 feet, small ornamental trees can be spaced between the larger trees. If a street canopy effect is desired, trees may be planted closer together, following the recommendations of the Township Landscape Architect. The trees shall be planted so as not to interfere with utilities, roadways, sidewalks, sight easements, or street lights.

Planting Specifications.

All trees shall be placed in a proper manner and in a good grade of backfill, according to accepted horticultural standards.

All shade trees shall be watered weekly through the first growing season. The developer shall construct a six (6) inch deep earth saucer around each tree to hold water and fill with a suitable mulch. Trees shall be nursery grown, insect and disease free, balled and biodegradable burlap, pruned and shaped, of the required height and planted according to acceptable horticultural standards. Shade trees shall be of substantially uniform size and shape and shall have straight trunks. Ornamental trees need not have straight trunks only at the direction of the Township Landscape Architect. All trees shall be planted according to nursery standards.

A hole in which a tree is to be planted shall be in each case, a minimum of one-third (1/3) larger in width and in depth than the existing root ball of the particular tree to be planted. The hole for a tree to be planted shall contain proper amounts of topsoil and peat moss. When determined by the Department of Planning and Engineering that a soil test indicates special needs the planting requirements will be modified as a condition of board approval.

Planting Procedure.

The following tree planting procedure shall be followed:

Excavations shall not be less than thirty (30) inches deep and thirty (30) inches in diameter. A suitable area shall be provided by loosening the soil to a depth of 12" below the excavation. Planting soil shall be typically composed of a thorough mixture of one part peat, one part humus, one part of parent soil, all mixed thoroughly (unless soil tests indicate special requirements to be determined by Planning and Engineering staff).

Each tree shall be given a minimum of twenty (20) gallons of water at the time of planting.

Trees shall be staked with three (3) stakes driven a minimum of two (2) feet into undisturbed soil outside the planting hole. Stakes when driven shall be one-half to two-thirds (1/2 to 2/3) the height of the tree measured from ground level. Stakes shall be two (2) inches in diameter, minimum, at the narrowest end. Stakes shall be placed in line with prevailing winds. Stakes shall be attached to the tree with twelve-gauge galvanized wire covered with rubber or plastic hose where wire is likely to come in contact with the tree trunk. An alternate may be any of the commercially available materials designed for staking trees upon approval of the Township. The loop in contact with the tree shall be loose enough to permit growth and prevent grinding and girdling for two (2) years but shall be tightly bound to the stake to prevent slipping.

[Amended 5-10-93 by Ord. No. 93-22]

Upon completion, removal of all planting debris is required. The area must be left in a neat and orderly condition in accordance with good and acceptable planting practices.

Notice shall be given to the Township Landscape Architect or designee three days prior to the start of planting so the stock may be inspected for variety, condition, size and quality.

§ 192-49 Sidewalks, Walkways, Pedestrian Walks.

[Amended 8-25-97 by Ord. No. 97-25]

For residential development these standards are superseded by Residential Site Improvement Standards (N.J.A.C., Title 5, Chapter 21).

Required.

Sidewalks and curbs shall be constructed and installed on both sides of each street in accordance with specifications promulgated by the Department of Planning and Engineering.

Barrier Free Access.

At such points of intersection between sidewalks and streets as the Township Engineer shall decide, the sidewalk shall be constructed so as to slope gradually, to street level, at a gradient of not more than one (1) foot in twelve (12) feet, wherever possible, so as to provide ramp access for handicapped persons between the sidewalk and the street. The curb depression shall be a minimum width of three (3) feet. Construction shall be in accordance with standards prescribed by the New Jersey Department of Transportation.

Width.

Sidewalks shall be at least four (4) feet wide. When the Approving Authority determines that a sidewalk may be subject to unusually heavy pedestrian traffic or intended equally for bicycles it may require that its width be increased to either six (6) or eight (8) feet. In parking areas where sidewalks about the curb and cars overhang the sidewalk area, the sidewalk shall be widened by two (2) feet.

Materials.

Sidewalks shall be constructed of concrete or brick material, as determined by the approving authority.

Concrete Specifications.

Materials shall conform to the N.J.D.O.T. Standard Specifications for Road and Bridge Construction in effect at the time of construction.

Other Materials.

Other material specifications shall be approved by the Township Engineer.

Subgrade.

The sidewalk subgrade shall be a six inch thick granular soil material approved by the Township Engineer and compacted prior to the placement of any sidewalk as directed by the Township Engineer.

Sidewalk Location.

In residential developments, sidewalks shall be placed in the right-of-way, parallel to the street, unless an exception has been permitted to preserve topographical or natural features, or to provide visual interest, or unless the applicant shows that an alternative pedestrian system provides safe and convenient circulation.

In planned developments and cluster developments, sidewalks may be located away from the road system to link dwelling units with other dwelling units, the street, and on-site activity centers such as parking areas and recreational areas. They may also be required parallel to the street for safety and other reasons.

Pedestrian Easements.

Pedestrian way easements ten (10) feet wide may be required by the Approving Authority through the center of blocks to provide circulation or access to schools, playgrounds, shopping, or other community facilities.

§ 192-50 Sight Easements.

[Amended 8-25-97 by Ord. No. 97-25]

For residential development these standards are superseded by Residential Site Improvement Standards (N.J.A.C., Title 5, Chapter 21).

Required.

Sight easements shall be provided at each quadrant of an intersection of streets or streets and driveways and shall be shown on the plan. Any development requiring site plan or subdivision approval shall provide adequate sight easements at each driveway with the driveway classified as a local street for purposes of establishing distances.

Dedicated; easement.

The area within sight easement shall be kept as part of the lot and identified as a sight easement. The wording of the sight easement shall be subject to the review and approval of the Board Attorney.

Clearance.

No grading, planting or structure shall be erected or maintained higher than thirty (30) inches above the center-line grade of the intersecting street or driveway or lower than ten (10) feet above their center lines, excluding street name signs and official traffic regulation signs. Where any intersection involves earth banks or vegetation, including trees, the developer shall trim or selectively thin trees and grade to provide adequate sight distance. Within these sight easements, plantings should be restricted to low spreading varieties of plants and shrubs.

Area.

The sight easement is that area bounded by the intersecting street center lines and a straight line which connects sight points located on each of the two (2) intersecting street center lines. The sight easement distances shall be in accordance with A Policy on Geometric Design of Highways and Streets 1984 by American Association of State Highway and Transportation Officials.

Lot Area.

Portions of a lot set aside for the sight easement may be calculated in determining the lot area and may be included in establishing the minimum setbacks required by the zoning provisions.

§ 192-51 Soil Erosion and Sediment Control.

All applications shall comply with the standards for Soil Erosion & Sediment Control in New Jersey by the New Jersey State Soil Conservation Committee. All plans shall incorporate soil erosion and sediment control programs phased according to the scheduled progress of the development, including anticipated starting and completion dates. The purpose is to control soil erosion and sediment damages and related environmental damage by requiring adequate provisions for surface water retention and drainage and for the protection of exposed soil surfaces in order to promote the public health, safety, convenience and general welfare of the community. If no board approval or Freehold Soil Conservation Service approval is required the applicant shall submit a plan conforming to all aspects of this section.

General Design Principles.

Control measures shall apply to all aspects of the proposed land disturbances and shall be in operation during all stages of the disturbance activity. The following principles shall apply to the soil erosion and sediment control plan:

Stripping of vegetation, grading or other soil disturbance shall be done in a manner which will minimize soil erosion.

Whenever feasible, natural vegetation shall be retained and protected.

The extent of the disturbed area and the duration of its exposure shall be kept within practical limits.

Either temporary seeding, mulching or other suitable stabilization measures shall be used to protect exposed critical areas during construction or other land disturbances.

Drainage provisions shall accommodate increased runoff resulting from modified soil and surface conditions during and after development or land disturbance.

Water runoff shall be minimized and retained on site wherever possible to facilitate groundwater recharge.

Sediment shall be retained on site.

Diversions, sediment basins and similar required structures shall be installed prior to any on-site grading or land disturbance.

All lots where fill material is deposited shall have clean fill and/or topsoil deposited which shall be graded to allow complete surface draining of the lot into local storm sewer systems or natural drainage courses. No regrading of a lot shall be permitted which would create or aggravate water stagnation or a drainage problem on site or on adjacent properties. Grading shall be limited to areas shown on an approved site plan or subdivision. Any topsoil disturbed during approved excavation and grading operations shall be redistributed throughout the site.

Excavation of soil other than as required for the construction of approved structures and supporting facilities, such as but not limited to streets, driveways and parking areas, shall be prohibited. Regrading of property so as to redistribute topsoil throughout the site from areas excavated shall be done to minimize or eliminate the erosion of soil.

Maintenance.

All erosion and sediment control measures installed shall be maintained for one (1) year after completion of the improvements or until such measures are permanently stabilized as determined by the Township Engineer, whichever is longer.

§ 192-52 Solid Waste & Recyclable Storage & Disposal.

[Amended 12-13-93 by Ord. No. 93-74]

Required.

Solid wastes and recyclables, if stored outdoors, shall be placed in metal receptacles within a screened refuse area in accordance with the standard details on file in the Department of Planning and Engineering and subject to the following minimum standards:

The screened refuse area shall not be located within any front yard area.

The refuse storage area shall be surrounded on all sides. All commercial and industrial refuse storage area facilities shall be constructed of masonry material. All refuse storage areas shall contain swinging cedar gates and address the need for storage of recyclables. The height of the storage receptacle and stored refuse shall not exceed the height of the refuse storage area.

A five (5) foot minimum width landscaping area shall be provided along the fence or wall enclosing the refuse storage area. The landscaping to be provided shall be shown on the site plan submitted for approval. The planting shall be placed so at maturity the plants do not encroach upon the refuse container, nor result in an opening less than ten (10) feet for vehicle access.

The opening in the enclosed refuse area should be located to minimize the view of refuse from adjoining properties or public streets.

If located within or adjacent to a parking area or access drive, the enclosed refuse area shall be separated from such parking areas or access drive by curbing.

The enclosed refuse area shall not be located so as to interfere with traffic circulation or the parking of vehicles.

All refuse and recyclables shall be deposited in containers maintained within the refuse area. No containers shall be maintained anywhere on a site except in a refuse area meeting these requirements.

If outdoor storage of solid waste and recyclables is not proposed, the site plan submission shall detail the methods proposed for accommodating solid waste within the structure. The Approving Authority may require that a suitable area be set aside, but not improved, for a future solid waste storage area meeting these requirements even if indoor accommodations for solid waste are proposed.

Multifamily Housing Developments.

[Added 12-13-93 by Ord. No. 93-74]

In any new multifamily housing development an indoor or outdoor recycling area for the collection and storage of residentially-generated recyclable materials shall be provided. The dimensions of the recycling area shall be sufficient to accommodate recycling bins or containers which are of adequate size and number, and which are consistent with anticipated usage and with current methods of collection in the area in which the project is located. The dimensions of the recycling area and the bins or containers shall be determined in consultation with the municipal recycling coordinator, and shall be consistent with the district recycling plan adopted pursuant to section 3 of P.L. 1987, c. 102 (N.J.S.A. 13:1E-99.13) and any applicable requirements of the municipal master plan, adopted pursuant to section 26 of P.L. 1987, c. 102.

The recycling area shall be conveniently located for the residential disposition of source separated recyclable materials, preferably near, but clearly separated from, a refuse dumpster.

The recycling area shall be well lit, and shall be safely and easily accessible by recycling personnel and vehicles. Collection vehicles shall be able to access the recycling area without interference from parked cars or other obstacles. Reasonable measures shall be taken to protect the recycling area, and the bins or containers placed therein, against theft of recyclable materials, bins or containers.

The recycling area or the bins or containers placed therein shall be designed so as to provide protection against adverse environmental conditions which might render the collected materials unmarketable. Any bins or containers which are used for the collection of recyclable paper or cardboard, and which are located in an outdoor recyclable area, shall be equipped with a lid, or otherwise covered, so as to keep the paper or cardboard dry.

Signs clearly identifying the recycling area and the materials accepted therein shall be posted adjacent to all points of access to the recycling area. Individual bins or containers shall be equipped with signs indicating the materials to be placed therein.

Screening shall be provided in accordance with 192-52A above around any outdoor recycling area.

§ 192-53 Storm Drainage Facilities.

[Amended 8-25-97 by Ord. No. 97-25; 2-27-06 by Ord. No. 06-05; 7-20-09 by Ord. No. 09-16]

For residential development these standards are superseded by Residential Site Improvement Standards (N.J.A.C., Title 5, Chapter 21).

Scope and Purpose.

Policy Statement.

Flood control, groundwater recharge, and pollutant reduction through nonstructural or low impact techniques shall be explored before relying on structural strategies. Structural strategies should be integrated with nonstructural stormwater management strategies and proper maintenance plans. Nonstructural strategies include both environmentally sensitive site design and source controls that prevent pollutants from being placed on the site or from being exposed to stormwater. Source control plans should be developed based upon physical site conditions and the origin, nature, and the anticipated quantity or amount of potential pollutants. Multiple stormwater management strategies may be necessary to achieve the established performance standards for water quality, quantity, and groundwater recharge.

Purpose.

The purpose of this ordinance is to establish minimum stormwater management requirements and controls for "major development," which is defined in Chapter 132-3 as "Any development or redevelopment that provides for disturbance of one quarter (1/4) acre of land. Disturbance for the purpose of this rule is the placement of impervious surface or exposure and/or movement of soil or bedrock or clearing, cutting, or removing of vegetation".

Applicability.

This ordinance shall be applicable to all site plans and subdivisions for the following major developments that require preliminary or final site plan or subdivision review:

Non-residential 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.

All major developments undertaken by East Brunswick Township

Compatibility with Other Permit and Ordinance Requirements.

Development approvals issued for subdivisions and site plans pursuant to this ordinance 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 ordinance shall be held to be the minimum requirements for the promotion of the public health, safety, and general welfare. This ordinance 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 ordinance 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.

General Standards.

Stormwater management measures for major development shall be developed to meet the erosion control, groundwater recharge, stormwater runoff quantity, and stormwater runoff quality standards herein. To the maximum extent practicable, these standards shall be met by incorporating nonstructural stormwater management strategies into the design. If these strategies alone are not sufficient to meet these standards, structural stormwater management measures necessary to meet these standards shall be incorporated into the design.

The standards in this ordinance 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.

Stormwater management measures shall avoid adverse impacts of concentrated flow on habitat for threatened and endangered species as documented in the New Jersey Department of Environmental Protections's (NJDEP) 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).

The following linear development projects are exempt from the Groundwater Recharge, Stormwater Runoff Quantity, and Stormwater Runoff Quality requirements of this Section:

The construction of an underground utility line provided that the disturbed areas are revegetated upon completion;

The construction of an aboveground utility line provided that the existing conditions are maintained to the maximum extent practicable; and

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.

The applicant may be required by the approving authority to carry away by pipe or open ditch any spring or surface water that may exist either previously to, or as a result of the application. Such drainage facilities shall be located in the road right-of-way where feasible, or in perpetual unobstructed easements of appropriate width, and shall be constructed in accordance with the Township construction standards and specifications.

All storm drainage shall be piped underground, except that where it is not feasible to pipe, open ditches may be constructed.

Where storm drainage is piped, an easement of not less than twenty-five (25) feet shall be shown on the approved plan and conveyed to the township.

Where the storm drainage flows in an open ditch, an easement of not less than fifty (50) feet shall be shown on the approved plan and shall be conveyed to the township. The ditch shall be constructed so as to prevent erosion, be easily maintainable and shall be provided with safety features as it may deem necessary to protect and safeguard the public.

The applicant's Engineer shall also determine and identify to the Approving Authority the effect of each application on existing downstream drainage facilities outside the area of the application. Studies may be required of the applicant and, as shall be appropriate, shall serve as a guide to needed improvements.

Where in the opinion of the Township Engineer, underdrainage is required, the subdivider shall install subbase underdrains or Type F underdrains in accordance with the New Jersey State Highway Specifications of 1989 as amended and supplemented; and shall be of the size specified by the Township Engineer.

If in the opinion of the Township Engineer, and existing conditions exist, the applicant may be required to construct a (supac or equivalent filter fabric) lined ditch backfilled with 3/8" washed stone, with a minimum slope of 2% and concrete porous wall pipe set in the stone and connected to a downgrade inlet. Construction of such underdrains shall be in accordance with the standard details on file in the Department of Planning and Engineering.

All underdrain systems constructed within a site or subdivision shall be provided with a clean-out in accordance with the standards details on file in the Department of Planning and Engineering.

Subbase outlet drains when necessary, shall consist of stone pockets and/or trenches lined with filter fabric and filled with 3/8" broken stone, washed gravel or blast furnace slag, and discharge into an inlet or other appropriate facility or area. Subbase outlet drains shall be 6" c.m. pipe fully coated with half of pipe and end cap perforated or extra strength porous wall pipe with appropriate cap.

Subbase outlet drains will be required at low points in roadways and at other locations where necessary.

10.

A waiver from strict compliance from the groundwater recharge, stormwater runoff quantity, and stormwater runoff quality requirements of this Section 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 each of the following conditions are met:

The applicant demonstrates that there is a public need for the project that cannot be accomplished by any other means;

The applicant demonstrates through an alternatives analysis, that through the use of nonstructural and structural stormwater management strategies and measures, the option selected complies with this Chapter's Erosion Control, Groundwater Recharge, Stormwater Runoff Quantity and Quality Design and Performance Standards (hereafter the Design and Performance Standards) to the maximum extent practicable;

The applicant demonstrates that, in order to meet the requirements of the Design and Performance Standards, existing structures currently in use, such as homes and buildings, would need to be condemned; and

The applicant demonstrates that it does not own or have other rights to areas, including the potential to obtain through condemnation lands which do not include existing structures currently in use, such as homes and buildings within the upstream drainage area of the receiving stream, that would provide additional opportunities to mitigate the requirements of the Design and Performance Standards.

11.

A waiver from strict compliance with the Township stormwater management design and performance standards may be obtained conditioned upon the positive recommendation of the Township Engineer and the applicant paying their fair share towards the implementation of the mitigation project(s) described in the Municipal Stormwater Management Plan adopted March 9, 2005. The mitigation project(s) to be funded shall be selected by the Township Engineer and shall be implemented in the same HUC 14 drainage area as the proposed development. The exact amount of the contribution shall be calculated by the Township Engineer and shall be based on the cost to comply with the particular standard for which the waiver or waivers are requested in proportion to the area/extent of site development proposed.

Nonstructural Stormwater Management Measures.

To the maximum extent practicable, the Design and Performance Standards shall be met by incorporating nonstructural stormwater management strategies set forth in this Section 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 below into the design of a particular project, the applicant shall identify the strategy considered and provide a basis for the contention.

Nonstructural stormwater management strategies incorporated into site design shall:

Protect areas that provide water quality benefits or areas particularly susceptible to erosion and sediment loss;

Minimize impervious surfaces and break up or disconnect the flow of runoff over impervious surfaces;

(c)

Maximize the protection of natural drainage features and vegetation;

(d)

Minimize the decrease in the "time of concentration from pre-construction to post construction;

(e)

Minimize land disturbance including clearing and grading;

(f)

Minimize soil compaction;

(g)

Provide low-maintenance landscaping that encourages retention and planting of native vegetation and minimizes the use of lawns, fertilizers and pesticides;

(h)

Provide vegetated open-channel conveyance systems discharging into and through stable vegetated areas;

(i)

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:

Site design features that help to prevent accumulation of trash and debris in drainage systems, including features that comply with this Section's standards to control passage of solid and floatable materials through storm drain inlets;

Site design features that help to prevent discharge of trash and debris from drainage systems;

Site design features that help to prevent and/or contain spills or other harmful accumulations of pollutants at industrial or commercial developments; and

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.

(j)

Swales may be constructed in which there need be no outlet facilities and which will impound water drainage only from other landscaped areas. The water impounded in these areas will be left to evaporate and percolate and the swales shall otherwise be seeded and maintained in lawn area. Minimum slope if grass or rip rap shall be two (2) percent. Minimum slope if concrete shall be .75 percent.

(k)

Any land area used as a nonstructural stormwater management measure to meet the Design and Performance Standards shall be subject to a conservation restriction filed with the Middlesex 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.

Calculation of Stormwater Runoff and Groundwater Recharge.

Stormwater runoff shall be calculated in accordance with the following:

The design engineer shall calculate runoff using one of the following runoff coefficient calculation methods:

The USDA Natural Resources Conservation Service (NRCS) methodology, including the NRCS Runoff Equation and Dimensionless Unit Hydrograph, as described in the NRCS National Engineering Handbook Section 4 Hydrology and Technical Release 55 Urban Hydrology for Small Watersheds; or

The Rational Method for peak flow and the Modified Rational Method for hydrograph computations.

For the purpose of calculating runoff coefficients and groundwater recharge, there is a presumption that the pre-construction condition of a site or portion thereof is a wooded land use with good hydrologic condition. A runoff coefficient or a groundwater recharge land cover for an existing condition may be used on all or a portion of the site if the design engineer verifies that the hydrologic condition has existed on the site or portion of the site for at least five years without interruption prior to the time of application. If more than one land cover has existed on the site during the five years immediately prior to the time of application, the land cover with the lowest runoff potential shall be used for the computations. In addition, there is the presumption that the site is in good hydrologic condition (if the land use type is pasture, lawn, or park) with good cover (if the land use type is woods) or with good hydrologic condition and conservation treatment (if the land use type is cultivation).

In computing pre-construction stormwater runoff, the design engineer shall account for all significant land features and structures, such as ponds, wetlands, depressions, hedgerows, or culverts, that may reduce pre-construction stormwater runoff rates and volumes.

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.

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.

Groundwater recharge may be calculated in accordance with 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.

Standards for Structural Stormwater Management Measures.

Standards for structural stormwater management measures are as follows:

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).

Structural stormwater management measures shall be designed to minimize maintenance, facilitate maintenance and repairs, and ensure proper functioning.

Structural stormwater management measures shall be designed, constructed, and installed to be structurally sound, 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.

At the intake to the outlet from the stormwater management basin, the orifice size shall be a minimum of two and one-half inches in diameter.

Stormwater management basins shall be designed to meet the minimum safety standards for stormwater management basins detailed herein.

The pipe size shall be determined by acceptable drainage design procedures. In no case shall the pipe size in a surface water drainage system be less than fifteen (15) inches in diameter.

All pipe terminations shall be provided with poured concrete headwalls or precast concrete end sections in accordance with the approved preliminary plat or plan. Poured concrete headwalls shall be wing-type headwalls with aprons and cut-off walls in accordance with the construction details contained herein. Flared end sections shall be provided with cut off walls.

Storm drain pipes running longitudinally along streets shall not be located under curbing. They shall be reinforced concrete pipe conforming to ASTM Designation C-76, reinforced arch culvert conforming to ASTM Designation C-506 or reinforced concrete elliptical pipe conforming to ASTM Designation C-507. Joints shall be made with O-ring rubber gaskets.

No concrete pipe shall be laid on grades exceeding ten (10%) percent. Elliptical concrete storm drain pipes will be jointed using a preformed bituminous mastic pressure-type joint sealer.

All storm drains shall be laid in a straight line between inlets, manholes or other structures, except that the use of the fittings or factory curved or mitered pipe may be allowed by the Township Engineer when necessary to accommodate existing geometry or utilities.

Site design features that help to prevent discharge of trash and debris from drainage systems shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets. For purposes of this paragraph, "solid and floatable materials" means sediment, debris, trash, and other floating, suspended, or settleable solids.

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:

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

A different grate, if each individual clear space in that grate has an area of no more than seven (7.0) square inches, or is no greater than 0.5 inches across the smallest dimension. Examples of grates subject to this standard include grates in grate inlets, the grate portion (noncurb-opening portion) of combination inlets, grates on stormsewer 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.

Whenever design engineers use a curb-opening inlet, a NJDOT Type "N-EcoCurb Piece" with "Dump No Waste, Drains To Waterway" nameplate shall be utilized.

These standards which control passage of solid and floatable materials through storm drain inlets do not apply in the following instances:

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;

Where flows from the water quality design storm as specified in this Chapter's Stormwater Runoff Quality Standards are conveyed through any device (e.g., end of pipe netting facility, manufactured treatment device, or a catch basin hood) that is designed, at a minimum, to prevent delivery of all solid and floatable materials that could not pass through one of the following:

A rectangular space four and five-eighths inches long and one and one-half inches wide (this option does not apply for outfall netting facilities); or

A bar screen having a bar spacing of 0.5 inches.

(c)

Where flows are conveyed through a trash rack that has parallel bars with one-inch (1") spacing between the bars, to the elevation of the water quality design storm as specified in this Chapter's Stormwater Runoff Quality Standards; or

(d)

Where the NJDEP, 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.

Stormwater management 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 this ordinance.

Manufactured treatment devices may be used to meet the Stormwater Quality requirements of this ordinance, provided the pollutant removal rates are verified by the New Jersey Corporation for Advanced Technology and certified by the Department.

Erosion Control, Groundwater Recharge and Runoff Quantity Design and Performance Standards.

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.

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.

The design engineer shall, using the assumptions and factors for Stormwater Runoff and Groundwater Recharge calculations within this Chapter, either:

Demonstrate through hydrologic and hydraulic analysis that the site and its stormwater management measures maintain 100 percent of the average annual pre-construction groundwater recharge volume for the site; or

Demonstrate through hydrologic and hydraulic analysis that the increase of stormwater runoff volume from pre-construction to post-construction for the 2-year storm is infiltrated.

This groundwater recharge requirement does not apply to projects within an "urban redevelopment area".

The following types of stormwater shall not be recharged:

Stormwater from areas of high pollutant loading; 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

Industrial stormwater exposed to "source material."

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.

In order to control stormwater runoff quantity impacts, the design engineer shall, using the assumptions and factors for Stormwater Runoff calculations within this Chapter, complete one of the following:

Demonstrate through hydrologic and hydraulic analysis that for stormwater leaving the site, post-construction runoff hydrographs for the two, 10, and 100-year storm events do not exceed, at any point in time, the pre-construction runoff hydrographs for the same storm events;

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, 10, 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;

Design stormwater management measures so that the post-construction peak runoff rates for the 2, 10 and 100 year storm events are 50, 75 and 80 percent, 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. The percentages shall not be applied to post-construction stormwater runoff into tidal flood hazard areas if the increased volume of stormwater runoff will not increase flood damages below the point of discharge; or

In tidal flood hazard areas, stormwater runoff quantity analysis in accordance with (1), (2) and (3) above shall only be applied if the increased volume of stormwater runoff could increase flood damages below the point of discharge.

Calculations for Stormwater Runoff Quality.

Stormwater management measures shall be designed to reduce the post-construction load of total suspended solids (TSS) in stormwater runoff by 80 percent of the anticipated load from the developed site, expressed as an annual average. Stormwater management measures shall only be required for water quality control if an additional 1/4 acre of impervious surface is being proposed on a development site. The requirement to reduce TSS does not apply to any stormwater runoff in a discharge regulated under a numeric effluent limitation for TSS imposed under the New Jersey Pollution Discharge Elimination System (NJPDES) rules, N.J.A.C. 7:14A, or in a discharge specifically exempt under a NJPDES permit from this requirement. The water quality design storm is 1.25 inches of rainfall in two hours. Water quality calculations shall take into account the distribution of rain from the water quality design storm, as reflected in Table 1. The calculation of the volume of runoff may take into account the implementation of non-structural and structural stormwater management measures.

Table 1: Water Quality Design Storm Distribution
Time (Minutes)	Cumulative Rainfall (Inches)	Time (Minutes)	Cumulative Rainfall (Inches)
0	0.0000	65	0.8917
5	0.0083	70	0.9917
10	0.0166	75	1.0500
15	0.0250	80	1.0840
20	0.0500	85	1.1170
25	0.0750	90	1.1500
30	0.1000	95	1.1750
35	0.1330	100	1.2000
40	0.1660	105	1.2250
45	0.2000	110	1.2334
50	0.2583	115	1.2417
55	0.3583	120	1.2500
60	0.6250

For purposes of TSS reduction calculations, Table 2 below presents the presumed removal rates for certain Stormwater Best Management Practices (BMP) designed in accordance with the New Jersey Stormwater Best Management Practices Manual. TSS reduction shall be calculated based on the removal rates for the BMPs in Table 2 below. Alternative removal rates and methods of calculating removal rates may be used if the design engineer provides documentation demonstrating the capability of these alternative rates and methods to the review agency. A copy of any approved alternative rate or method of calculating the removal rate shall be provided to the following address: Division of Watershed Management, NJDEP, PO Box 418 Trenton, New Jersey, 08625-0418.

If more than one BMP in series is necessary to achieve the required 80 percent TSS reduction for a site, the applicant shall utilize the following formula to calculate TSS reduction:

R = A + B B (AXB)/100

Where

R = total TSS percent load removal from application of both BMPs, and

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 Section 192-53E3.
Sand Filter	80
Vegetative Filter Strip	60 - 80
Wet Pond	50 - 90

If there is more than one on-site drainage area, the 80 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.

Stormwater management measures shall also be designed to reduce, to the maximum extent feasible, the post-construction nutrient load of the anticipated load from the developed site in stormwater runoff generated from the water quality design storm. In achieving reduction of nutrients to the maximum extent feasible, the design of the site shall include nonstructural strategies and structural measures that optimize nutrient removal while still achieving the Design and Performance standards listed herein.

Additional information and examples are contained in the New Jersey Stormwater Best Management Practices Manual.

In accordance with the definition of FW1 at N.J.A.C. 7:9B-1.4, stormwater management measures shall be designed to prevent any increase in stormwater runoff to waters classified as FW1.

Safety Standards for Stormwater Management Basins.

This section sets forth requirements to protect public safety through the proper design and operation of stormwater management basins. This section applies to any new stormwater management basin.

Requirements for Trash Racks, Overflow Grates and Escape Provisions

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:

The trash rack shall have parallel bars, with no greater than six inch spacing between the bars. Trash racks shall be installed at the intake to the outlet structure as appropriate, and shall have parallel bars with one-inch (1") 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 (1/3) the width of the diameter of the orifice or one-third (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.

The trash rack shall be designed so as not to adversely affect the hydraulic performance of the outlet pipe or structure.

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.

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 lbs/ft. sq.

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:

The overflow grate shall be secured to the outlet structure but removable for emergencies and maintenance.

The overflow grate spacing shall be no less than two inches across the smallest dimension.

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 lbs./ft. sq.

(c)

For purposes of this paragraph, escape provisions mean 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:

If a stormwater management basin has an outlet structure, escape provisions shall be incorporated in or on the structure.

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 Standard Detail on file in the Department of Planning and Engineering.

In new stormwater management basins, the maximum interior slope for an earthen dam, embankment, or berm shall not be steeper than 3 horizontal to 1 vertical.

Waiver from Safety Standards.

A waiver from the safety standards for stormwater management basins may be granted only upon a written finding by the appropriate municipal reviewing agency that the waiver will not constitute a threat to public safety.

Maintenance and Repair.

General Maintenance- The design engineer shall prepare a maintenance plan for the stormwater management measures incorporated into the design of a major development. Maintenance guidelines for stormwater management measures are available in the New Jersey Stormwater Best Management Practices Manual.

The maintenance plan shall contain:

Specific preventative maintenance tasks and schedules

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.

The party responsible for maintenance 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.

The party responsible for maintenance shall evaluate the effectiveness of the maintenance plan at least once per year and adjust the plan and the deed as needed.

The party responsible for maintenance 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 herein.

Cost estimates, including estimated cost of sediment, debris, or trash removal;

Name, address, and telephone number of the party or parties responsible for preventative and corrective maintenance (including replacement).

If the maintenance plan identifies a party 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 party's agreement to assume this responsibility, or of the developer's obligation to dedicate a stormwater management facility to such party under an applicable ordinance or regulation.

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.