[Ord. 97; 97-15]
No building in the Borough of Roosevelt shall be erected, externally
altered or enlarged, no trees or other significant vegetation removed
where there is danger of soil erosion or stream sedimentation, no
building or land therein shall be used and no building or occupancy
permit shall be issued except in accordance with site and building
plans that have been approved as provided by this ordinance; except
that site plan review and approval by the Planning Board shall not
be required for subdivision or individual lot applications for detached
one and two dwelling unit buildings.
The following procedure shall govern the submission and review
of site and building plans:
a.
The property owner shall submit, through the Zoning Officer, building
and site plans, which may be schematic preliminary plans or final
preliminary plans, in four copies, and such submission shall include:
1.
Building plans showing, as a minimum, the first floor plan and front
elevation of all proposed principal buildings and structures and all
accessory buildings and structures.
2.
A site plan, drawn to a scale of not less than one inch equals 50
feet, showing the dimensions and acreage of each lot or plot to be
built upon or otherwise used; the size, shape and location of existing
and proposed buildings; the location and layout of parking areas,
all parking spaces and driveways, existing and proposed grades and
drainage, proposed sewer and water facilities and connections; a landscaping
plan including locations of proposed plantings and screenings; proposed
location of fences, signs and advertising features, and a key map
showing the entire project, and its relation to surrounding properties
and the existing buildings thereon.
3.
Such other information as is necessary to enable the Zoning Officer
and the Planning Board to determine whether the proposed structure
and use of land will conform to the provisions of this ordinance.
b.
The Zoning Officer shall forward two copies of the applicant submission,
together with his report thereon, to the Planning Board. The report
of the Zoning Officer shall state whether or not the submission complies
with all the provisions of the Zoning Ordinance and if not, his report
shall specify all the respects in which the submission does not comply
with the Zoning Ordinance, and if the report indicates that the submission
does not comply with the Zoning Ordinance, the Zoning Officer shall
notify the applicant in writing of the respects in which it does not
comply. Neither the failure of the Zoning Officer to notify the applicant,
nor the omission of any zoning noncompliance from such notification
shall relieve the applicant from the requirements of the Zoning Ordinance.
The submission shall be reviewed, as hereinafter provided, notwithstanding
that noncompliance with the Zoning Ordinance is indicated therein,
but the grant of approval thereof shall not relieve the applicant
from any provision of the Zoning Ordinance, nor shall such approval
constitute a recommendation of any zoning variance or other relief
that the applicant may thereafter seek from the Planning Board.
c.
The Planning Board shall, within 90 days of receipt of any submission
forwarded to it by the Zoning Officer, review the plans submitted
utilizing the Site and Environmental Design Standards of Section 6.100.
The applicant shall have the right to appear before the Planning Board
and be heard with respect to the submission. After the completion
of its review, the Planning Board shall prepare a copy of its findings
and recommendations on the submission. A copy of the findings and
recommendations shall be given to the applicant.
d.
After the completion of its review, the Planning Board shall approve
or disapprove the submission, stating its findings and the reasons
for its actions. Approval may be made conditional upon the applicant's
adoption of specified changes in the submission. A copy of the Board's
findings and official action shall be given to the applicant.
e.
If the Planning Board shall fail to take action on the submission
within 90 days after the date of the filing of the submission with
the Zoning Officer, or within such further time as shall have been
agreed to by the applicant, the submission shall be deemed to have
been approved.
f.
If any person shall be aggrieved by the action of the Planning Board,
appeal in writing to the Borough Council may be taken within 10 days
after the date of such action. The Borough Council shall fix and notify
appellant of a time and place for a public hearing to be published
in a newspaper circulating in the Borough at least 10 days prior to
the hearing. All parties in interest shall be afforded an opportunity
to be heard thereat. After such hearing, the Borough Council shall
affirm or reverse the action of the Planning Board, stating its findings
and the reasons for its action, and a written copy of such findings,
reasons and action shall be given to the applicant.
[Ord. 97-32]
The following standards shall be utilized by the Planning Board
in reviewing all site and building plans. These standards are intended
to provide a frame of reference for the applicant in the development
of site and building plans as well as a method of review for the reviewing
authority. These standards shall not be regarded as inflexible requirements.
They are not intended to discourage creativity, invention and innovation.
The specification of one or more particular architectural styles is
not included in these standards.
a.
The landscape shall be preserved in its natural state, insofar as
practicable, by minimizing tree and soil removal, and any grade changes
shall be in keeping with the general appearance of neighboring developed
areas.
b.
Proposed structures shall be related harmoniously to the terrain
and to existing buildings in the vicinity that have a visual relationship
to the proposed buildings.
c.
With respect to vehicular and pedestrian circulation and safety,
including interior walkways, interior drives and parking, special
attention shall be given to the location and number of access points
to the public in relation to projected vehicular and pedestrian traffic,
general internal circulation, separation of pedestrian and vehicular
traffic, and arrangement of parking areas that are safe and convenient.
Parking areas shall, insofar as practicable, be concealed from street
view, shall not create any nuisance from noise, odor, illumination,
signs, etc., shall not detract from the design of proposed buildings
and structures and the neighboring properties. Sufficient parking
spaces for the proposed uses and traffic volume, etc. shall be provided
in accordance with local and national standards of good practice.
d.
Special attention shall be given to proper site surface drainage
so that removal of surface waters will not adversely affect neighboring
properties or the public storm drainage system. Stormwater shall be
removed from all roofs, canopies, and paved areas and carried away
to the municipal drainage system or to watercourses, dry wells, or
other suitable receptacles, etc., all in a manner as approved by the
Borough Engineer. Surface water in all paved areas shall be collected
at intervals so that it will not obstruct the flow of vehicular or
pedestrian traffic, and will not create puddles in the paved areas.
All surface water drainage from paved areas in excess of 15,000 square
feet shall be managed by the use of structural and non-structural
stormwater management measures including but not limited to dry wells,
vegetated swales, pervious pavement, bioretention systems and manufactured
treatment devices.
e.
Electric and telephone lines for site distribution shall be underground.
All new primary and secondary service lines shall be underground.
Any utility installations remaining above ground, such as transformer
boxes, switch gear enclosures, switching stations, etc. shall be located
so as to have a harmonious relation to neighboring properties and
the site. The proposed methods of sanitary sewage disposal from all
buildings shall be indicated. If the proposed development cannot be
directly connected to the municipal sanitary system, then the applicant
shall provide sufficient information on the capacity, design, type,
location, etc. of the proposed system so that the Borough Engineer
and County or State agencies having jurisdiction can make a preliminary
evaluation of the design.
f.
The size, location, design, color, texture, lighting and materials
of all permanent signs and outdoor advertising structures or features
shall not detract from the design of proposed buildings and structures
and the surrounding properties. Signs or advertising structures shall
not create any nuisance to adjoining properties by reason of noise,
odor, fumes, flashing lights, or glare, nor shall they cast any light
onto adjoining residential properties. Signs or advertising structures
shall be sited so as not to interfere with vehicular traffic, on public
or private roads in any way, such as interference with sight lines,
or by glare. No illuminated sign shall be higher than any major building
in the project area. Signs shall be set back from public roads or
highways a distance equaling the height of the sign or advertising
structure.
g.
Exposed storage areas, exposed machinery installations, service areas,
truck loading areas, utility buildings and structures and similar
accessory areas and structures shall be subject to such setbacks,
screen plantings or other screening methods as shall reasonably be
required to prevent their being incongruous with the existing or contemplated
environment, or in view from the public road or the surrounding properties.
h.
The standards of review outlined in Section 6.100 above shall also
apply to all accessory buildings, structures, free standing signs
and other site features, however related to the other major buildings
or structures. Any use or structure lawfully existing at the time
of the passage of an ordinance may be continued upon the lot or in
the building so occupied, and any such structure may be restored or
repaired in the event of partial destruction thereof.
Any proposal for a development on a tract where any part of
the tract contains a floodplain shall comply with the Floodplain Regulations
of this ordinance in addition to the following standards. No building
or structure shall be erected or moved, or externally altered or added
to or enlarged, nor shall any material or equipment be stored, nor
shall any fill be placed, nor shall the elevation of any land be substantially
changed, in the floodway, except in accordance with a permit issued
by the New Jersey Department of Environmental Protection, Division
of Water Resources; provided however, that accepted practices of soil
husbandry, and the harvesting of crops in connection with farming,
lawns, gardens and recreational usage that do not include structures
are not included in the foregoing prohibitions. As to development
in the floodway, primary consideration shall be given to passage of
flood flows without aggravating flood conditions upstream and downstream.
Encroachments within the floodway shall therefore be permitted most
sparingly and only in cases in which the public interest will be served,
such as bridges, roads, utility installations, and the like, and a
temporary storage of material or equipment in connection with and
during the construction thereof, or where the obstruction is minimal,
such as surface parking or recreation areas, open fencing, and the
like, and then, in either case, only in accordance with conditions
designed to limit the obstruction to the practicable minimum. No building
or structure shall be erected or moved, or externally altered or added
to or enlarged, in the floodplain outside the floodway, if the elevation
of any floor thereof, including the cellar, shall be less than one
foot above the flood hazard area design flood profile, except in accordance
with a permit issued therefore by the New Jersey Department of Environmental
Protection, Division of Water Resources. As to developments in the
floodplain outside the floodway, primary consideration shall be given
to the protection of persons and property involved in the development,
and such consideration shall not be avoided by the waiver of the applicant.
All development proposals requiring site plan review and all
major subdivisions shall include provisions for control over soil
erosion and sedimentation with a schedule for installing erosion and
sediment control measures related to the progress of the development
including anticipated starting and completion dates.
No zoning or building permit shall be issued for any application
requiring either site plan approval or approval of a major subdivision
until such approval has been given by the Planning Board.
The applicant shall submit a landscaping plan as outlined under
the site plan provisions of this ordinance which shall clearly establish
the means for controlling soil erosion and sedimentation for each
site or portion of a site when developed in stages. The applicant
may consult the Soil. Conservation Service in selecting the appropriate
erosion and sediment control measures. These measures must meet or
exceed the regulations adopted by the State Soil Conservation Committee
as outlined in the publication entitled Standards for Soil Erosion
and Sediment Control in New Jersey, adopted June 14, 1972 as amended.
In addition, a schedule of the sequence of installation of planned
erosion and sediment control measures related to the progress of the
project including anticipated starting and completion dates shall
be included.
[Ord. 97; 97-39]
The review and approval of the soil erosion and sedimentation
control data shall be part of either the review and approval of the
subdivision or site plan, as applicable. The Borough may seek the
assistance of the Soil Conservation Service in the review of such
plans and may deem as approved those plans which have been reviewed
and determined adequate by the Soil Conservation Service.
[Ord. 97; 97-39]
Control measures shall apply to all aspects of the proposed
land disturbance 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:
a.
Stripping of vegetation, grading or other soil disturbance shall
be done in a manner which will minimize soil erosion;
b.
Whenever feasible, natural vegetation shall be retained and protected;
c.
The extent of the disturbed area and the duration of its exposure
shall be kept within practical limits;
d.
Either temporary seeding, mulching or other suitable stabilization
measures shall be used to protect exposed critical areas during construction
or other land disturbance;
e.
Drainage provisions shall accommodate increased runoff, resulting
from modified soil and surface conditions, during and after development
or disturbance;
f.
Water runoff shall be minimized and retained on site wherever possible
to facilitate ground water recharge;
g.
Sediment shall be retained on site; and
h.
Diversions, sediment basins, and similar required structures shall
be installed prior to any on-site grading or disturbance.
[Ord. 97; 97-39]
All necessary erosion and sediment control measures installed
under this section shall be adequately maintained for one year after
completion of the approved plan or until such measures are permanently
stabilized as determined by the Borough Engineer. The Borough Engineer
shall give the applicant, upon the applicant's request, a certificate
indicating the date on which measures called for in the approved plans
were completed.
Excavating, moving, relocating, and removing of soil and subsoil
in an indiscriminate manner is prohibited. The excavation and grading
for completion of a site plan or subdivision shall be done in accordance
with the approved subdivision plat, approved site plan, and soil erosion
and sediment control provisions. Any applications proposing the excavating,
moving, relocating, or removal of more than 600 cubic yards of material
or involving an area exceeding 3,600 square feet shall include on
its subdivision or site plan application the means to prevent erosion
and sedimentation and the control of drainage, dust, and mud on the
premises in question as well as on abutting lands; the preservation
of soil fertility and the resulting ability of the area affected to
support plant and tree growth by maintenance of adequate topsoil consisting
of at least six inches of the original layer; maintenance of necessary
lateral support and grades of abutting lands, structures and other
improvements; prevention of pits and declivities which are hazardous
or which provide insect breeding locations; the physical characteristics
and limitations of the soil for the use to which the land may lawfully
be put; and such other factors as may reasonably bear upon or relate
to the public health, safety and general environmental welfare.
[Ord. 97-10; 97-32]
[4-19-2021 by Ord. No.
21-01[1]]
a.
Policy Statement. Flood control, groundwater recharge, and pollutant
reduction shall be achieved through the use of stormwater management
measures, including green infrastructure best management practices
(GI BMPs) and nonstructural stormwater management strategies. GI BMPs
and low-impact development (LID) should be utilized to meet the goal
of maintaining natural hydrology to reduce stormwater runoff volume,
reduce erosion, encourage infiltration and groundwater recharge, and
reduce pollution. GI BMPs and LID should be developed based upon physical
site conditions and the origin, nature and the anticipated quantity,
or amount, of potential pollutants. Multiple stormwater management
BMPs may be necessary to achieve the established performance standards
for water quality, quantity, and groundwater recharge.
b.
Purpose. The purpose of this section is to establish minimum stormwater
management requirements and controls for "major development," as defined
below in § 6.162.
c.
d.
Compatibility with Other Requirements. Development approvals issued
pursuant to this section are to be considered an integral part of
development approvals and do not relieve the applicant of the responsibility
to secure required permits or approvals for activities regulated by
any other applicable code, rule, act, or ordinance. In their interpretation
and application, the provisions of this section shall be held to be
the minimum requirements for the promotion of the public health, safety,
and general welfare. 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.
[1]
Editor's Note: This ordinance repealed former §§
6.160 through 6.171, amended by Ord. No. 97-10; Ord. No. 97-32; Ord.
No. 97-35; Ord. No. 97-39; 12-14-2020 by Ord. No. 20-13.
[4-19-2021 by Ord. No.
21-01]
For purposes of this section, the following terms, phrases,
words and derivations shall have the meanings stated herein unless
their use in the text of this section clearly demonstrates a different
meaning. When not inconsistent with the context, words used in the
present tense include the future, words used in the plural number
include the singular number, and words used in the singular number
include the plural number. The word "shall" is always mandatory and
not merely directory. The definitions below are the same as or based
on corresponding definitions in the Stormwater Management Rules at
N.J.A.C. 7:8-1.2.
Those areas with boundaries incorporated by reference or
revised by the Department in accordance with N.J.A.C. 7:7-13.16.
The map used by the Department to identify the location of
Coastal Planning Areas, CAFRA centers, CAFRA cores, and CAFRA nodes.
The CAFRA Planning Map is available on the Department's Geographic
Information System (GIS).
An infiltration system, sand filter designed to infiltrate,
standard constructed wetland, or wet pond, established in accordance
with N.J.A.C. 7:8-4.2(c)14, that is designed and constructed in accordance
with the New Jersey Stormwater Best Management Practices Manual, or
an alternate design, approved in accordance with N.J.A.C. 7:8-5.2(g),
for an infiltration system, sand filter designed to infiltrate, standard
constructed wetland, or wet pond and that complies with the requirements
of this chapter.
The increase in soil bulk density.
The area from which stormwater runoff drains to a stormwater
management measure, not including the area of the stormwater management
measure itself.
A pedestrian-oriented area of commercial and civic uses serving
the surrounding municipality, generally including housing and access
to public transportation.
An agency designated by the County Board of Commissioners
to review municipal stormwater management plans and implementing ordinance(s).
The county review agency may either be:
The Department of Environmental Protection.
A person professionally qualified and duly licensed in New
Jersey to perform engineering services that may include, but not necessarily
be limited to, development of project requirements, creation and development
of project design and preparation of drawings and specifications.
A State Development and Redevelopment Plan Center as designated
by the State Planning Commission such as urban, regional, town, village,
or hamlet.
The division of a parcel of land into two or more parcels,
the construction, reconstruction, conversion, structural alteration,
relocation or enlargement of any building or structure, any mining
excavation or landfill, and any use or change in the use of any building
or other structure, or land or extension of use of land, for which
permission is required under the Municipal Land Use Law, N.J.S.A.
40:55D-1 et seq. For development of agricultural land, "development"
means: any activity that requires a state permit, any activity reviewed
by the County Agricultural Board (CAB) and the State Agricultural
Development Committee (SADC), and municipal review of any activity
not exempted by the Right to Farm Act, N.J.S.A. 4:1C-1 et seq.
The placement or reconstruction of impervious surface or
motor vehicle surface, or exposure and/or movement of soil or bedrock
or clearing, cutting, or removing of vegetation. Milling and repaving
is not considered disturbance for the purposes of this definition.
A geographic area within which stormwater, sediments, or
dissolved materials drain to a particular receiving water body or
to a point along a receiving water body.
Neighborhoods designated by the Urban Coordinating Council
"in consultation and conjunction with" the New Jersey Redevelopment
Authority pursuant to N.J.S.A. 55:19-69.
The following areas where the physical alteration of the
land is in some way restricted, either through regulation, easement,
deed restriction or ownership such as: wetlands, floodplains, threatened
and endangered species sites or designated habitats, and parks and
preserves. Habitats of endangered or threatened species are identified
using the Department's Landscape Project as approved by the Department's
Endangered and Nongame Species Program.
An area or feature which is of significant environmental
value, including but not limited to: stream corridors, natural heritage
priority sites, habitats of endangered or threatened species, large
areas of contiguous open space or upland forest, steep slopes, and
well head protection and groundwater recharge areas. Habitats of endangered
or threatened species are identified using the Department's Landscape
Project as approved by the Department's Endangered and Nongame Species
Program.
The detachment and movement of soil or rock fragments by
water, wind, ice, or gravity.
A stormwater management measure that manages stormwater close
to its source by:
An area within which water drains to a particular receiving
surface water body, also known as a subwatershed, which is identified
by a fourteen-digit hydrologic unit boundary designation, delineated
within New Jersey by the United States Geological Survey.
A surface that has been covered with a layer of material
so that it is highly resistant to infiltration by water.
The process by which water seeps into the soil from precipitation.
One or more public entities having stormwater management
planning authority designated by the regional stormwater management
planning committee pursuant to N.J.A.C. 7:8-3.2, that serves as the
primary representative of the committee.
An individual "development," as well as multiple developments
that individually or collectively result in:
The disturbance of one or more acres of land since February
2, 2004;
The creation of one-quarter acre or more of regulated impervious
surface since February 2, 2004;
The creation of one-quarter acre or more of regulated motor
vehicle surface since March 2, 2021; or
A combination of Subsection a2 and 3 above that totals an area
of one-quarter acre or more. The same surface shall not be counted
twice when determining if the combination area equals one-quarter
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 a1, 2, 3, or 4 above. Projects undertaken by any government
agency that otherwise meet the definition of "major development" but
which do not require approval under the Municipal Land Use Law, N.J.S.A.
40:55D-1 et seq., are also considered major development.
Land vehicles propelled other than by muscular power, such
as automobiles, motorcycles, autocycles, and low-speed vehicles. For
the purposes of this definition, motor vehicle does not include farm
equipment, snowmobiles, all-terrain vehicles, motorized wheelchairs,
go-carts, gas buggies, golf carts, ski-slope grooming machines, or
vehicles that run only on rails or tracks.
Any pervious or impervious surface that is intended to be
used by "motor vehicles" and/or aircraft, and is directly exposed
to precipitation including, but not limited to, driveways, parking
areas, parking garages, roads, racetracks, and runways.
Any city, borough, town, township, or village.
The manual maintained by the Department providing, in part,
design specifications, removal rates, calculations 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 § 6.164f of this section and N.J.A.C. 7:8-5.2(g),
that the proposed measure and its design will contribute to achievement
of the design and performance standards established by this chapter.
An area designated by the State Planning Commission concentrating
facilities and activities which are not organized in a compact form.
A chemical element or compound, such as nitrogen or phosphorus,
which is essential to and promotes the development of organisms.
Any individual, corporation, company, partnership, firm,
association, political subdivision of this state and any state, interstate
or federal agency.
Any dredged spoil, solid waste, incinerator residue, filter
backwash, sewage, garbage, refuse, oil, grease, sewage sludge, munitions,
chemical wastes, biological materials, medical wastes, radioactive
substance [except those regulated under the Atomic Energy Act of 1954,
as amended (42 U.S.C. §§ 2011 et seq.)], thermal waste,
wrecked or discarded equipment, rock, sand, cellar dirt, industrial,
municipal, agricultural, and construction waste or runoff, or other
residue discharged directly or indirectly to the land, groundwaters
or surface waters of the state, or to a domestic treatment works.
"Pollutant" includes both hazardous and nonhazardous pollutants.
The amount of water from precipitation that infiltrates into
the ground and is not evapotranspired.
Any of the following, alone or in combination:
A net increase of impervious surface;
The total area of impervious surface collected by a new stormwater
conveyance system (for the purpose of this definition, a "new stormwater
conveyance system" is a stormwater conveyance system that is constructed
where one did not exist immediately prior to its construction or an
existing system for which a new discharge location is created);
The total area of impervious surface proposed to be newly collected
by an existing stormwater conveyance system; and/or
The total area of impervious surface collected by an existing
stormwater conveyance system where the capacity of that conveyance
system is increased.
Any of the following, alone or in combination:
The total area of motor vehicle surface that is currently receiving
water;
A net increase in motor vehicle surface; and/or quality treatment
either by vegetation or soil, by an existing stormwater management
measure, or by treatment at a wastewater treatment plant, where the
water quality treatment will be modified or removed.
Solid material, mineral or organic, that is in suspension,
is being transported, or has been moved from its site of origin by
air, water or gravity as a product of erosion.
The lot or lots upon which a major development is to occur
or has occurred.
All unconsolidated mineral and organic material of any origin.
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 system),
retain water in a permanent pool (a retention basin), or be planted
mainly with wetland vegetation (most constructed stormwater wetlands).
Any practice, technology, process, program, or other method
intended to control or reduce stormwater runoff and associated pollutants,
or to induce or control the infiltration or groundwater recharge of
stormwater or to eliminate illicit or illegal nonstormwater discharges
into stormwater conveyances.
A public body authorized by legislation to prepare stormwater
management plans.
The geographic area for which a stormwater management planning
agency is authorized to prepare stormwater management plans, or a
specific portion of that area identified in a stormwater management
plan prepared by that agency.
Water flow on the surface of the ground or in storm sewers,
resulting from precipitation.
A flood hazard area in which the flood elevation resulting
from the two-, ten-, or 100-year storm, as applicable, is governed
by tidal flooding from the Atlantic Ocean. Flooding in a tidal flood
hazard area may be contributed to, or influenced by, stormwater runoff
from inland areas, but the depth of flooding generated by the tidal
rise and fall of the Atlantic Ocean is greater than flooding from
any fluvial sources. In some situations, depending upon the extent
of the storm surge from a particular storm event, a flood hazard area
may be tidal in the 100-year storm, but fluvial in more frequent storm
events.
A neighborhood given priority access to state resources through
the New Jersey Redevelopment Authority.
A zone designated by the New Jersey Enterprise Zone Authority
pursuant to the New Jersey Urban Enterprise Zones Act, N.J.S.A. 52:27H-60
et seq.
Previously developed portions of areas:
A structure within, or adjacent to, a water, which intentionally
or coincidentally alters the hydraulic capacity, the flood elevation
resulting from the two-, ten-, or 100-year storm, flood hazard area
limit, and/or floodway limit of the water. Examples of a water control
structure may include a bridge, culvert, dam, embankment, ford (if
above grade), retaining wall, and weir.
The ocean and its estuaries, all springs, streams, wetlands,
and bodies of surface or groundwater, whether natural or artificial,
within the boundaries of the State of New Jersey or subject to its
jurisdiction.
An area that is inundated or saturated by surface water or
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.
[4-19-2021 by Ord. No.
21-01]
a.
Stormwater management measures for major development shall be designed
to provide erosion control, groundwater recharge, stormwater runoff
quantity control, and stormwater runoff quality treatment as follows:
1.
The minimum standards for erosion control are those established under
the Soil and Sediment Control Act, N.J.S.A. 4:24-39 et seq., and implementing
rules at N.J.A.C. 2:90.
2.
The minimum standards for groundwater recharge, stormwater quality,
and stormwater runoff quantity shall be met by incorporating green
infrastructure.
b.
The standards in this section apply only to new major development
and are intended to minimize the impact of stormwater runoff on water
quality and water quantity in receiving water bodies and maintain
groundwater recharge. The standards do not apply to new major development
to the extent that alternative design and performance standards are
applicable under a regional stormwater management plan or water quality
management plan adopted in accordance with Department rules.
[4-19-2021 by Ord. No.
21-01]
a.
The development shall incorporate a maintenance plan for the stormwater
management measures incorporated into the design of a major development
in accordance with § 6.170.
b.
Stormwater management measures shall avoid adverse impacts of concentrated
flow on habitat for threatened and endangered species as documented
in the Department's Landscape Project or Natural Heritage Database
established under N.J.S.A. 13:1B-15.147 through 13:1B-15.150, particularly
Helonias bullata (swamp pink) and/or Clemmys muhlenbergii (bog turtle).
c.
The following linear development projects are exempt from the groundwater
recharge, stormwater runoff quality, and stormwater runoff quantity
requirements of § 6.164p, q and r:
1.
The construction of an underground utility line provided that the
disturbed areas are revegetated upon completion;
2.
The construction of an aboveground utility line provided that the
existing conditions are maintained to the maximum extent practicable;
and
3.
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.
d.
A waiver from strict compliance from the green infrastructure, groundwater
recharge, stormwater runoff quality, and stormwater runoff quantity
requirements of § 6.164o, p, q and r 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:
1.
The applicant demonstrates that there is a public need for the project
that cannot be accomplished by any other means;
2.
The applicant demonstrates through an alternatives analysis, that
through the use of stormwater management measures, the option selected
complies with the requirements of § 6.164o, p, q and r to
the maximum extent practicable;
3.
The applicant demonstrates that, in order to meet the requirements
of § 6.164o, p, q and r, existing structures currently in
use, such as homes and buildings, would need to be condemned; and
4.
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 § 6.164d3 above within the upstream drainage
area of the receiving stream, that would provide additional opportunities
to mitigate the requirements of § 6.164o, p, q and r that
were not achievable on site.
e.
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 § 6.164o, p, q and r. 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.
f.
Where the BMP tables in the New Jersey Stormwater Management Rules
are different due to updates or amendments with the tables in this
section, the BMP tables in the Stormwater Management Rules at N.J.A.C.
7:8-5.2(f) shall take precedence.
|
Table 1
Green Infrastructure BMPs for Groundwater Recharge, Stormwater
Runoff Quality, and/or Stormwater Runoff Quantity
| ||||
|---|---|---|---|---|
|
Best Management Practice
|
Stormwater Runoff Quality TSS Removal Rate
(percent)
|
Stormwater Runoff Quantity
|
Groundwater Recharge
|
Minimum Separation from Seasonal High-Water Table
(feet)
|
|
Cistern
|
0
|
Yes
|
No
|
—
|
|
Dry well(a)
|
0
|
No
|
Yes
|
2
|
|
Grass swale
|
50 or less
|
No
|
No
|
2(e)
1(f)
|
|
Green roof
|
0
|
Yes
|
No
|
—
|
|
Manufactured treatment device(a)(g)
|
50 or 80
|
No
|
No
|
Dependent upon the device
|
|
Pervious paving system(a)
|
80
|
Yes
|
Yes(b)
No(c)
|
2(b)
1(c)
|
|
Small-scale bioretention basin(a)
|
80 or 90
|
Yes
|
Yes(b)
No(c)
|
2(b)
1(c)
|
|
Small-scale infiltration basin(a)
|
80
|
Yes
|
Yes
|
2
|
|
Small-scale sand filter
|
80
|
Yes
|
Yes
|
2
|
|
Vegetative filter strip
|
60-80
|
No
|
No
|
—
|
|
[Notes corresponding to annotations (a) through (g) are found
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 to 90
|
Yes
|
No
|
N/A
|
|
[Notes corresponding to annotations (b) through (d) are found
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(h)
|
50 or 80
|
No
|
No
|
Dependent upon the device
|
|
Sand filter(c)
|
80
|
Yes
|
No
|
1
|
|
Subsurface gravel wetland
|
90
|
No
|
No
|
1
|
|
Wet pond
|
50 to 90
|
Yes
|
No
|
N/A
|
|
Notes to Tables 1, 2, and 3:
| |
|
(a)
|
Subject to the applicable contributory drainage area limitation
specified at § 6.164o2.
|
|
(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 § 6.162.
|
|
(h)
|
Manufactured treatment devices that do not meet the definition
of "green infrastructure" at § 6.162.
|
g.
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 § 6.166b. Alternative stormwater management measures may be used to satisfy the requirements at § 6.164o only if the measures meet the definition of "green infrastructure" at § 6.162. Alternative stormwater management measures that function in a similar manner to a BMP listed at Subsection o2 are subject to the contributory drainage area limitation specified at Subsection o2 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 o2 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 § 6.164d is granted from § 6.164o.
h.
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.
i.
Design standards for stormwater management measures are as follows:
1.
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);
2.
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 § 6.168c;
3.
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, 5:21-7.4, and 5:21-7.5
shall be deemed to meet this requirement;
4.
Stormwater management BMPs shall be designed to meet the minimum
safety standards for stormwater management BMPs at § 6.168;
and
5.
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.
j.
Manufactured treatment devices may be used to meet the requirements
of this section, 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 § 6.162 may
be used only under the circumstances described at § 6.164o4.
k.
Any application for a new agricultural development that meets the
definition of "major development" at § 6.162 shall be submitted
to the Soil Conservation District for review and approval in accordance
with the requirements at § 6.164o, p, q and r 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.
l.
If there is more than one drainage area, the groundwater recharge,
stormwater runoff quality, and stormwater runoff quantity standards
at § 6.164p, q and r 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.
m.
Any stormwater management measure authorized under the municipal
stormwater management plan or ordinance shall be reflected in a deed
notice recorded in the Monmouth County Clerk's office. 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 § 6.164o, p, q and r 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 § 6.170b5.
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 Borough.
n.
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 § 6.164 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 Monmouth County Clerk's office and shall contain a description and location of the stormwater management measure, as well as reference to the maintenance plan, in accordance with Subsection m above. Prior to the commencement of construction, proof that the above required deed notice has been filed shall be submitted to the municipality in accordance with Subsection m above.
o.
Green Infrastructure Standards.
1.
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.
2.
To satisfy the groundwater recharge and stormwater runoff quality
standards at § 6.164p and q, the design engineer shall utilize
green infrastructure BMPs identified in Table 1 at § 6.164f
and/or an alternative stormwater management measure approved in accordance
with § 6.164g. 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
|
3.
To satisfy the stormwater runoff quantity standards at § 6.164r,
the design engineer shall utilize BMPs from Table 1 or from Table
2 and/or an alternative stormwater management measure approved in
accordance with § 6.164g.
4.
If a variance in accordance with N.J.A.C. 7:8-4.6 or a waiver from
strict compliance in accordance with § 6.164d 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 § 6.164g may be used to meet the groundwater
recharge, stormwater runoff quality, and stormwater runoff quantity
standards at § 6.164p, q and r.
5.
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 § 6.164p, q and r, unless the project is granted
a waiver from strict compliance in accordance with § 6.164d.
p.
Groundwater Recharge Standards.
1.
This subsection contains the minimum design and performance standards
for groundwater recharge as follows:
2.
The design engineer shall, using the assumptions and factors for
stormwater runoff and groundwater recharge calculations at § 6.165,
either:
(a)
Demonstrate through hydrologic and hydraulic analysis that the
site and its stormwater management measures maintain 100% of the average
annual preconstruction groundwater recharge volume for the site; or
(b)
Demonstrate through hydrologic and hydraulic analysis that the
increase of stormwater runoff volume from preconstruction to postconstruction
for the two-year storm is infiltrated.
3.
This groundwater recharge requirement does not apply to projects within the "urban redevelopment area," or to projects subject to Subsection p4 below.
4.
The following types of stormwater shall not be recharged:
(a)
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
(b)
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.
q.
Stormwater Runoff Quality Standards.
1.
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 one-quarter acre or more of
regulated motor vehicle surface.
2.
Stormwater management measures shall be designed to reduce the postconstruction
load of total suspended solids (TSS) in stormwater runoff generated
from the water quality design storm as follows:
(a)
80% 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.
(b)
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.
3.
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 q2 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.
4.
The water quality design storm is 1.25 inches of rainfall in two
hours. Water quality calculations shall take into account the distribution
of rain from the water quality design storm, as reflected in Table
4, below. The calculation of the volume of runoff may take into account
the implementation of stormwater management measures.
|
Table 4 - Water Quality Design Storm Distribution
| |||||
|---|---|---|---|---|---|
|
Time
(Minutes)
|
Cumulative Rainfall
(Inches)
|
Time
(Minutes)
|
Cumulative Rainfall
(Inches)
|
Time
(Minutes)
|
Cumulative Rainfall
(Inches)
|
|
1
|
0.00166
|
41
|
0.1728
|
81
|
1.0906
|
|
2
|
0.00332
|
42
|
0.1796
|
82
|
1.0972
|
|
3
|
0.00498
|
43
|
0.1864
|
83
|
1.1038
|
|
4
|
0.00664
|
44
|
0.1932
|
84
|
1.1104
|
|
5
|
0.00830
|
45
|
0.2000
|
85
|
1.1170
|
|
6
|
0.00996
|
46
|
0.2117
|
86
|
1.1236
|
|
7
|
0.01162
|
47
|
0.2233
|
87
|
1.1302
|
|
8
|
0.01328
|
48
|
0.2350
|
88
|
1.1368
|
|
9
|
0.01494
|
49
|
0.2466
|
89
|
1.1434
|
|
10
|
0.01660
|
50
|
0.2583
|
90
|
1.1500
|
|
11
|
0.01828
|
51
|
0.2783
|
91
|
1.1550
|
|
12
|
0.01996
|
52
|
0.2983
|
92
|
1.1600
|
|
13
|
0.02164
|
53
|
0.3183
|
93
|
1.1650
|
|
14
|
0.02332
|
54
|
0.3383
|
94
|
1.1700
|
|
15
|
0.02500
|
55
|
0.3583
|
95
|
1.1750
|
|
16
|
0.03000
|
56
|
0.4116
|
96
|
1.1800
|
|
17
|
0.03500
|
57
|
0.4650
|
97
|
1.1850
|
|
18
|
0.04000
|
58
|
0.5183
|
98
|
1.1900
|
|
19
|
0.04500
|
59
|
0.5717
|
99
|
1.1950
|
|
20
|
0.05000
|
60
|
0.6250
|
100
|
1.2000
|
|
21
|
0.05500
|
61
|
0.6783
|
101
|
1.2050
|
|
22
|
0.06000
|
62
|
0.7317
|
102
|
1.2100
|
|
23
|
0.06500
|
63
|
0.7850
|
103
|
1.2150
|
|
24
|
0.07000
|
64
|
0.8384
|
104
|
1.2200
|
|
25
|
0.07500
|
65
|
0.8917
|
105
|
1.2250
|
|
26
|
0.08000
|
66
|
0.9117
|
106
|
1.2267
|
|
27
|
0.08500
|
67
|
0.9317
|
107
|
1.2284
|
|
28
|
0.09000
|
68
|
0.9517
|
108
|
1.2300
|
|
29
|
0.09500
|
69
|
0.9717
|
109
|
1.2317
|
|
30
|
0.10000
|
70
|
0.9917
|
110
|
1.2334
|
|
31
|
0.10660
|
71
|
1.0034
|
111
|
1.2351
|
|
32
|
0.11320
|
72
|
1.0150
|
112
|
1.2367
|
|
33
|
0.11980
|
73
|
1.0267
|
113
|
1.2384
|
|
34
|
0.12640
|
74
|
1.0383
|
114
|
1.2400
|
|
35
|
0.13300
|
75
|
1.0500
|
115
|
1.2417
|
|
36
|
0.13960
|
76
|
1.0568
|
116
|
1.2434
|
|
37
|
0.14620
|
77
|
1.0636
|
117
|
1.2450
|
|
38
|
0.15280
|
78
|
1.0704
|
118
|
1.2467
|
|
39
|
0.15940
|
79
|
1.0772
|
119
|
1.2483
|
|
40
|
0.16600
|
80
|
1.0840
|
120
|
1.2500
|
5.
If more than one BMP in series is necessary to achieve the required
80% TSS reduction for a site, the applicant shall utilize the following
formula to calculate TSS reduction:
|
R = A + B - (A x B)/100
|
|
Where:
| ||
|
R
|
=
|
Total TSS percent load removal from application of both BMPs.
|
|
A
|
=
|
The TSS percent removal rate applicable to the first BMP.
|
|
B
|
=
|
The TSS percent removal rate applicable to the second BMP.
|
6.
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 green infrastructure BMPs that optimize nutrient removal
while still achieving the performance standards in § 6.164p,
q and r.
7.
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.
8.
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.
9.
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 postconstruction load of total suspended
solids by 95% of the anticipated load from the developed site, expressed
as an annual average.
10.
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.
r.
Stormwater Runoff Quantity Standards.
1.
This subsection contains the minimum design and performance standards
to control stormwater runoff quantity impacts of major development.
2.
In order to control stormwater runoff quantity impacts, the design
engineer shall, using the assumptions and factors for stormwater runoff
calculations at § 6.165, 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 100-year storm events do not exceed, at any point
in time, the preconstruction runoff hydrographs for the same storm
events;
(b)
Demonstrate through hydrologic and hydraulic analysis that there
is no increase, as compared to the preconstruction condition, in the
peak runoff rates of stormwater leaving the site for the two-, ten-
and 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;
(c)
Design stormwater management measures so that the postconstruction
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 postconstruction stormwater
runoff that is attributable to the portion of the site on which the
proposed development or project is to be constructed; or
(d)
In tidal flood hazard areas, stormwater runoff quantity analysis in accordance with Subsection r2(a), (b) and (c) 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.
3.
The stormwater runoff quantity standards shall be applied at the
site's boundary to each abutting lot, roadway, watercourse, or receiving
storm sewer system.
[4-19-2021 by Ord. No.
21-01]
a.
Stormwater runoff shall be calculated in accordance with the following:
1.
The design engineer shall calculate runoff using one of the following
methods:
(a)
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 Resources Conservation Service, 220 Davison Avenue, Somerset, New Jersey 08873; or
(b)
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/2014NJSoilErosionControlStanda
rdsComplete.pdf.
2.
For the purpose of calculating runoff coefficients and groundwater
recharge, there is a presumption that the preconstruction condition
of a site or portion thereof is a wooded land use with good hydrologic
condition. The term "runoff coefficient" applies to both the NRCS
methodology above at § 6.165a1(a) and the Rational and Modified
Rational Methods at Section 6.165a1(b). 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).
3.
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.
4.
In computing stormwater runoff from all design storms, the design
engineer shall consider the relative stormwater runoff rates and/or
volumes of pervious and impervious surfaces separately to accurately
compute the rates and volume of stormwater runoff from the site. To
calculate runoff from unconnected impervious cover, urban impervious
area modifications as described in the NRCS Technical Release 55 -
Urban Hydrology for Small Watersheds or other methods may be employed.
5.
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.
b.
Groundwater recharge may be calculated in accordance with the following:
The New Jersey Geological Survey Report GSR-32, A Method for Evaluating
Groundwater-Recharge Areas in New Jersey, incorporated herein by reference
as amended and supplemented. Information regarding the methodology
is available from the New Jersey Stormwater Best Management Practices
Manual; at the New Jersey Geological Survey website at: https://www.nj.gov/dep/njgs/pricelst/gsreport/gsr32.pdf
or at New Jersey Geological and Water Survey, 29 Arctic Parkway, PO
Box 420 Mail Code 29-01, Trenton, New Jersey 08625-0420.
[4-19-2021 by Ord. No.
21-01]
a.
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.
1.
Guidelines for stormwater management measures are contained in the
New Jersey Stormwater Best Management Practices Manual, as amended
and supplemented. Information is provided on stormwater management
measures such as, but not limited to, those listed in Tables 1, 2,
and 3.
2.
Additional maintenance guidance is available on the Department's
website at: https://www.njstormwater.org/maintenance_guidance.htm.
b.
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.
[4-19-2021 by Ord. No.
21-01]
a.
Site design features identified under § 6.164f above, or
alternative designs in accordance with § 6.164g above, to
prevent discharge of trash and debris from drainage systems shall
comply with the following standard to control passage of solid and
floatable materials through storm drain inlets. For purposes of this
subsection, "solid and floatable materials" means sediment, debris,
trash, and other floating, suspended, or settleable solids. For exemptions
to this standard see § 6.167a2 below.
1.
Design engineers shall use one of the following grates whenever they
use a grate in pavement or another ground surface to collect stormwater
from that surface into a storm drain or surface water body under that
grate:
(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; or
(b)
A different grate, if each individual clear space in that grate
has an area of no more than 7.0 square inches, or is no greater than
0.5 inch across the smallest dimension. Examples of grates subject
to this standard include grates in grate inlets, the grate portion
(non-curb-opening portion) of combination inlets, grates on storm
sewer manholes, ditch grates, trench grates, and grates of spacer
bars in slotted drains. Examples of ground surfaces include surfaces
of roads (including bridges), driveways, parking areas, bikeways,
plazas, sidewalks, lawns, fields, open channels, and stormwater system
floors used to collect stormwater from the surface into a storm drain
or surface water body.
(c)
For curb-opening inlets, including curb-opening inlets in combination
inlets, the clear space in that curb opening, or each individual clear
space if the curb opening has two or more clear spaces, shall have
an area of no more than 7.0 square inches, or be no greater than 2.0
inches across the smallest dimension.
2.
The standard in Subsection a1 above does not apply:
(a)
Where each individual clear space in the curb opening in existing
curb-opening inlet does not have an area of more than 9.0 square inches;
(b)
Where the municipality agrees that the standards would cause
inadequate hydraulic performance that could not practicably be overcome
by using additional or larger storm drain inlets;
(c)
Where flows from the water quality design storm as specified
in N.J.A.C. 7:8 are conveyed through any device (e.g., end of pipe
netting facility, manufactured treatment device, or a catch basin
hood) that is designed, at a minimum, to prevent delivery of all solid
and floatable materials that could not pass through one of the following:
(1)
A rectangular space 4.625 inches long and 1.5 inches wide (this
option does not apply for outfall netting facilities); or
(2)
A bar screen having a bar spacing of 0.5 inch.
(3)
Note that these exemptions do not authorize any infringement
of requirements in the Residential Site Improvement Standards for
bicycle safe grates in new residential development [N.J.A.C. 5:21-4.18(b)2
and 7.4(b)1].
(d)
Where flows are conveyed through a trash rack that has parallel
bars with one-inch spacing between the bars, to the elevation of the
water quality design storm as specified in N.J.A.C. 7:8; or
(e)
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.
[4-19-2021 by Ord. No.
21-01]
a.
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.
b.
The provisions of this section are not intended to preempt more stringent
municipal or county safety requirements for new or existing stormwater
management basins. Municipal and county stormwater management plans
and ordinances may, pursuant to their authority, require existing
stormwater management basins to be retrofitted to meet one or more
of the safety standards in § 6.168c1, 2, and 3 for trash
racks, overflow grates, and escape provisions at outlet structures.
c.
Requirements for Trash Racks, Overflow Grates and Escape Provisions.
1.
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:
(a)
The trash rack shall have parallel bars, with no greater than
six-inch spacing between the bars;
(b)
The trash rack shall be designed so as not to adversely affect
the hydraulic performance of the outlet pipe or structure;
(c)
The average velocity of flow through a clean trash rack is not
to exceed 2.5 feet per second under the full range of stage and discharge.
Velocity is to be computed on the basis of the net area of opening
through the rack; and
(d)
The trash rack shall be constructed of rigid, durable, and corrosion
resistant material and designed to withstand a perpendicular live
loading of 300 pounds per square foot.
2.
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:
(a)
The overflow grate shall be secured to the outlet structure
but removable for emergencies and maintenance.
(b)
The overflow grate spacing shall be no less than two inches
across the smallest dimension.
(c)
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.
3.
Stormwater management basins shall include escape provisions as follows:
(a)
If a stormwater management basin has an outlet structure, escape
provisions shall be incorporated in or on the structure. Escape provisions
include the installation of permanent ladders, steps, rungs, or other
features that provide easily accessible means of egress from stormwater
management basins. With the prior approval of the municipality pursuant
to § 6.168c, a freestanding outlet structure may be exempted
from this requirement;
(b)
Safety ledges shall be constructed on the slopes of all new
stormwater management basins having a permanent pool of water deeper
than 2 1/2 feet. Safety ledges shall be comprised of two steps.
Each step shall be four feet to six feet in width. One step shall
be located approximately 2 1/2 feet below the permanent water
surface, and the second step shall be located one to 1 1/2 feet
above the permanent water surface. See § 6.168e for an illustration
of safety ledges in a stormwater management basin; and
(c)
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.
d.
Variance or exemption from safety standard. A variance or exemption
from the safety standards for stormwater management basins may be
granted only upon a written finding by the municipality that the variance
or exemption will not constitute a threat to public safety.
e.
Safety ledge illustration.
|
Elevation View - Basin Safety Ledge Configuration
 |
[4-19-2021 by Ord. No.
21-01]
a.
Submission of Site Development Stormwater Plan.
1.
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 § 6.169c
below as part of the submission of the application for approval.
2.
The applicant shall demonstrate that the project meets the standards
set forth in this section.
3.
The applicant shall submit copies of the materials listed in the
checklist for site development stormwater plans in accordance with
§ 6.169c of this section.
b.
Site Development Stormwater Plan Approval. The applicant's site development
project shall be reviewed as a part of the review process by the municipal
board or official from which municipal approval is sought. That municipal
board or official shall consult the municipality's review engineer
to determine if all of the checklist requirements have been satisfied
and determine if the project meets the standards set forth herein.
c.
Submission of Site Development Stormwater Plan. The following information
shall be required:
1.
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.
2.
Environmental Site Analysis. A written and graphic description of
the natural and man-made features of the site and its surroundings
should be submitted. This description should include a discussion
of soil conditions, slopes, wetlands, waterways and vegetation on
the site. Particular attention should be given to unique, unusual,
or environmentally sensitive features and to those that provide particular
opportunities or constraints for development.
3.
Project Description and Site Plans. A map (or maps) at the scale
of the topographical base map indicating the location of existing
and proposed buildings roads, parking areas, utilities, structural
facilities for stormwater management and sediment control, and other
permanent structures. The map(s) shall also clearly show areas where
alterations will occur in the natural terrain and cover, including
lawns and other landscaping, and seasonal high groundwater elevations.
A written description of the site plan and justification for proposed
changes in natural conditions shall also be provided.
4.
Land Use Planning and Source Control Plan. This plan shall provide
a demonstration of how the goals and standards of §§ 6.163
through 6.165 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.
5.
Stormwater Management Facilities Map. The following information,
illustrated on a map of the same scale as the topographic base map,
shall be included:
(a)
Total area to be disturbed, paved or built upon, proposed surface
contours, land area to be occupied by the stormwater management facilities
and the type of vegetation thereon, and details of the proposed plan
to control and dispose of stormwater.
(b)
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.
6.
Calculations.
(a)
Comprehensive hydrologic and hydraulic design calculations for
the predevelopment and postdevelopment conditions for the design storms
specified in § 6.164 of this section.
(b)
When the proposed stormwater management control measures depend
on the hydrologic properties of soils or require certain separation
from the seasonal high water table, then a soils report shall be submitted.
The soils report shall be based on on-site boring logs or soil pit
profiles. The number and location of required soil borings or soil
pits shall be determined based on what is needed to determine the
suitability and distribution of soils present at the location of the
control measure.
7.
Maintenance and Repair Plan. The design and planning of the stormwater
management facility shall meet the maintenance requirements of § 6.170.
8.
Waiver from Submission Requirements. The municipal official or board
reviewing an application under this section may, in consultation with
the municipality's review engineer, waive submission of any of the
requirements in § 6.169c1 through 6 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.
[4-19-2021 by Ord. No.
21-01]
a.
Applicability. Projects subject to review as in § 6.161c
of this section shall comply with the requirements of § 6.170b
and c.
b.
General Maintenance.
1.
The design engineer shall prepare a maintenance plan for the stormwater
management measures incorporated into the design of a major development.
2.
The maintenance plan shall contain specific preventative maintenance tasks and schedules; cost estimates, including estimated cost of sediment, debris, or trash removal; and the name, address, and telephone number of the person or persons responsible for preventative and corrective maintenance (including replacement). The plan shall contain information on BMP location, design, ownership, maintenance tasks and frequencies, and other details as specified in Chapter 8 of the New Jersey BMP Manual, as well as the tasks specific to the type of BMP, as described in the applicable chapter containing design specifics.
3.
If the maintenance plan identifies a person other than the property
owner (for example, a developer, a public agency or homeowners' association)
as having the responsibility for maintenance, the plan shall include
documentation of such person's or entity's agreement to assume this
responsibility, or of the owner's obligation to dedicate a stormwater
management facility to such person under an applicable ordinance or
regulation.
4.
Responsibility for maintenance shall not be assigned or transferred
to the owner or tenant of an individual property in a residential
development or project, unless such owner or tenant owns or leases
the entire residential development or project. The individual property
owner may be assigned incidental tasks, such as weeding of a green
infrastructure BMP, provided the individual agrees to assume these
tasks; however, the individual cannot be legally responsible for all
of the maintenance required.
5.
If the party responsible for maintenance identified under § 6.170b3
above is not a public agency, the maintenance plan and any future
revisions based on § 6.170b7 below shall be recorded upon
the deed of record for each property on which the maintenance described
in the maintenance plan must be undertaken.
6.
Preventative and corrective maintenance shall be performed to maintain
the functional parameters (storage volume, infiltration rates, inflow/outflow
capacity, etc.) of the stormwater management measure, including, but
not limited to, repairs or replacement to the structure; removal of
sediment, debris, or trash; restoration of eroded areas; snow and
ice removal; fence repair or replacement; restoration of vegetation;
and repair or replacement of nonvegetated linings.
7.
The party responsible for maintenance identified under § 6.170b3
above shall perform all of the following requirements:
(a)
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;
(b)
Evaluate the effectiveness of the maintenance plan at least
once per year and adjust the plan and the deed as needed; and
(c)
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 § 6.170b7(a)
and (b) above.
8.
The requirements of § 6.170b3 and 4 do not apply to stormwater
management facilities that are dedicated to and accepted by the municipality
or another governmental agency, subject to all applicable municipal
stormwater general permit conditions, as issued by the Department.
9.
In the event that the stormwater management facility becomes a danger
to public safety or public health, or if it is in need of maintenance
or repair, the municipality shall so notify the responsible person
in writing. Upon receipt of that notice, the responsible person shall
have 14 days to effect maintenance and repair of the facility in a
manner that is approved by the municipal engineer or his designee.
The municipality, in its discretion, may extend the time allowed for
effecting maintenance and repair for good cause. If the responsible
person fails or refuses to perform such maintenance and repair, the
municipality or county may immediately proceed to do so and shall
bill the cost thereof to the responsible person. Nonpayment of such
bill may result in a lien on the property.
c.
Nothing in this subsection shall preclude the municipality in which
the major development is located from requiring the posting of a performance
or maintenance guarantee in accordance with N.J.S.A. 40:55D-53.
[4-19-2021 by Ord. No.
21-01]
Any person(s) who erects, constructs, alters, repairs, converts,
maintains, or uses any building, structure or land in violation of
this section shall be punished in accordance with § 11.700.
In all districts, in connection with every use, there shall
be provided, at the time any building or structure is erected, enlarged,
or changed in use, off-street parking spaces and, for nonresidential
uses, loading and unloading areas in accordance with the requirements
set forth in this section.
[Ord. 97; 97-18]
[Ord. 97-18; 97-20; 97-40]
No parking of any vehicles off public streets shall take place
in any residential zone except as provided in this section. (97-18;
97-40)
a.
Vehicles shall be parked in designated driveways and parking areas
exclusively within the front yard; provided, however, that a vehicle
may be parked in a side or rear yard of a residential use property
if approval has been obtained as provided in Section 7.470 and that,
in case of a lot having frontage on two streets, the driveways and
parking area may be in the yard fronting either, but not both, of
the streets.
b.
All driveways and off-street parking areas shall be maintained with
graded, dust-free surfaces, such as gravel, stone, blacktop or equivalent
surfacing material, that are well drained and suitable for such use.
In the event of any dispute as to the adequacy of any surface covering,
the matter shall be referred to the Borough Engineer for determination,
the cost of any such determination to be borne by the property owner.
c.
No area used for parking of vehicles shall be within 15 feet of any
adjacent property line, except with respect to an attached house,
where parking is permitted to the property line of the adjoining connecting
house, as provided in Section 7.470.
d.
Neither the average width of any driveway, nor the width of any driveway
where it connects to the street at the front property line, shall
exceed 20 feet.
e.
The total area of all driveways and exterior parking areas shall
not exceed 20% of the total area of the yard in which the parking
area is located, or 750 square feet, whichever is greater.
[97-18]
a.
No lot shall be used for storage of unlicensed or unmovable vehicles,
or for commercial transactions other than the occasional sale of individual
vehicles after use by household member, in any residential zone.
b.
Vehicles used in commerce by members of the household may be parked
on residential lots, provided that no such vehicle be used for commercial
activity while on residential premises.
c.
No vehicle of more than 9,000 pounds gross vehicle weight may be
parked in any residential district, except that the Planning Board
may permit the parking of no more than one vehicle of more than 9,000
pounds by no more than 18,000 pounds gross vehicle weight on any residential
lot as a conditional use pursuant to Section 7.470, and provided further
that such approval shall not be required in the case of recreational
vehicles regularly parked in a residential zone prior to March 1,
1990, where the owners of such vehicle notify the Borough Clerk to
that effect no more than 30 days after the effective day of this ordinance.
Boats 14 feet or less in length may be stored on driveways. Boats
over 14 feet long may be stored only in side or rear yards.
[Ord. 97; 97-18; 97-39]
[Ord. 97-36]
Where a particular activity contains more than one of the following
categories of uses, the total parking requirement shall be the sum
of all use requirements:
|
a.
|
Residential
|
2 spaces per dwelling unit
|
|
b.
|
Farm
|
2 spaces per dwelling unit
|
|
c.
|
School
|
2 spaces per classroom, but not less than 1 space per 5 seats
in an auditorium
|
|
d.
|
Borough Hall
|
1 space for each full-time employee plus 1 space for every 5
seats in the general meeting room
|
|
e.
|
House of Worship
|
1 space for every 5 seats
|
|
f.
|
Office
|
1 space for each 325 square feet of gross floor area
|
|
g.
|
Retail Store
|
1 space for every 150 square feet of gross floor area
|
|
h.
|
Service Station
|
4 spaces per interior service area or bay
|
|
i.
|
Manufacturing or Assembly Plant
|
1 space for every 800 square feet of gross floor area
|
|
j.
|
Swim Club
|
1 space for every 50 square feet of water surface
|
|
k.
|
Dormitories
|
1 space for every adult supervisor and 1 space for every 2 students
aged 161/2 years or older
|
[Ord. 97-36]
|
a.
|
Retail Store
|
1 space for every 4,000 square feet of gross floor area
|
|
b.
|
Office
|
1 space for every 20,000 square feet of floor area
|
|
c.
|
Warehousing
|
1 space for every 10,000 square feet of gross floor area
|
|
d.
|
Manufacturing
|
1 space for every 20,000 square feet of gross floor area
|
|
e.
|
Dormitories
|
1 space for every 20,000 square feet of gross floor area
|
a.
Parking areas for four or more vehicles and access to this parking
shall be designed and planned in accordance with accepted engineering
and parking design principles such as those contained in the Eno Foundation
manual, Parking.
b.
All plans shall be reviewed by the Planning Board in accordance with
site review procedures set forth in this ordinance.
c.
Where parking areas are paved with asphalt, they shall be paved and
drained in accordance with good engineering and construction practices
as defined in the Asphalt Institute Handbook. Where other surfacing
materials are used, standard practice yielding corresponding performance
standards shall be used.
d.
Parking spaces, driveways and aisles shall be clearly marked and
delineated.
A building permit is required for the erection or placement of any sign, as defined in Article II, which shall be visible from any public right-of-way except as noted below.
The following types of signs may be erected or placed without
a building permit issued by the Building Inspector:
a.
Real Estate Signs: Signs advertising the sale, lease or rental of
the premises on which said signs are located; provided that the total
aggregate face area of such signs not exceed six square feet in all
districts; and further provided that such signs be removed no later
than two weeks after such sale, lease or rental.
b.
Name Plates: One professional or business name plate not exceeding
one square foot in area for each professional occupant of a site.
c.
Construction Signs: One sign denoting the architect, engineer and/or
contractor when placed on work under construction; provided that such
sign not exceed 20 square feet in area.
d.
Memorial Signs: Memorial signs, tablets, building names and dates
of erection when cut into any masonry surface or when constructed
of bronze, stainless steel or similar materials.
e.
Official or Emergency Signs: Traffic or municipal signs, legal notices
and such temporary, emergency or non-advertising signs as may be authorized
by the Borough Council.
f.
Posters: Temporary, non-permanent posters covering such activities
as political and sporting events, entertainments and elections; provided
that such posters shall not be displayed more than two weeks prior
to the event advertised and are removed within one week after such
event.
g.
Store Window Sale Signs: Temporary paper signs fixed to the interior
windows of retail establishments in order to advertise sales, special
prices or products; provided that such signs shall be displayed for
no longer than two weeks.
The following kinds of signs are subject to review and approval
by the Building Inspector prior to issuing a building permit:
a.
Free standing and projecting signs are permitted in the C-40 and
I-80 districts. Those projecting into a public right-of-way shall
have a clearance of not less than 10 feet above the sidewalk or surrounding
ground and not less than 15 feet above any public driveway or thoroughfare.
b.
Directional signs, i.e., those signs not pertaining to the use, sale,
lease or rental of property located on the same lot shall be permitted
only as follows:
1.
Signs directing persons to a local business or community establishment
may be grouped as a multi-unit directory on a single frame, provided
that each individual sign shall not exceed four square feet in area
per establishment; and further provided that the design and location
of such directory be approved by the Planning Board.
c.
Any person offering lots for sale in a subdivision may erect non-illuminated
directional signs within the subdivision limits or on adjoining property
in the same ownership, provided that the total aggregate face area
of such signs not exceed 30 square feet; and further provided that
permits for such signs must be renewed every 12 months by the Building
Inspector following his determination that such signs have been repainted
or maintained in good condition in each case.
The following signs are prohibited in the Borough of Roosevelt:
a.
Billboards
b.
Signs which by color, shape, lighting, or location may visually obstruct
or be confused with official traffic signs or signals.
c.
Flashing or rotating signs which will, by reason of design or location,
cause intrusive glare on neighboring premises. All bare incandescent
light sources and immediately adjacent reflective surfaces shall be
shielded from view.
The area shall be considered to include all lettering, wording,
and accompanying designs and symbols together with the background
on which they are displayed, whether open or enclosed, but not including
any supporting framework and bracing which are incidental to the display
itself. For a sign painted upon or applied to a building, the area
shall be considered to include all lettering, wording, and accompanying
designs or symbols together with background of a different color than
the natural color of the building. Where the sign consists of individual
letters or symbols attached to or painted on a surface, building,
or wall, the area shall be considered to be that of the smallest rectangle
or other geometric shape which encompasses all the letters or symbols.
A freestanding sign with two exposures shall have a total sign area
consisting of the area of both sides of the sign and both sides may
be used.
A freestanding sign with no lettering, wording, coloring, or
accompanying designs on one side shall not have that blank side included
in the total area of the sign. Street number designations, postal
boxes, family names on residences, on-site traffic directional and
parking signs, and signs posting property as "private property", "no
hunting", or similar purposes are permitted but are not to be considered
in calculating the sign area.
|
Permitted Use
|
Permitted Sign Area in Square Feet
|
|---|---|
|
Borough Facilities
|
25
|
|
Community Center
|
25
|
|
Farm
|
15
|
|
Farm Stand
|
20
|
|
Golf Course
|
20
|
|
Home Occupation
|
2
|
|
House of Worship
|
25
|
|
Library
|
25
|
|
Manufacturer
|
40
|
|
Nursery
|
20
|
|
Office
|
20
|
|
Restaurant
|
25
|
|
Retail Store
|
15
|
|
Service Station
|
40
|
|
School
|
25
|
|
Warehouse
|
40
|
Any sign now or hereafter existing which no longer advertises
a bona fide business conducted, or product available for purchase
by the public on the premises, shall be taken down and removed by
the owner, agent, or person having the beneficial use of the building
or structure upon which such sign may be found within 10 days after
written notification from the Zoning Officer who is hereby authorized
to cause removal of such sign. Any expense incident thereto shall
be paid by the owner of the building or structure to which such sign
is attached.
Home occupations as defined in Article II shall be permitted in all residential districts, subject to the requirements of Subsection 6.420.
[Ord. 97-17; 97-39]
Home occupation uses are permitted subject to the following
conditions:
a.
The home occupation is clearly secondary to the residential use of
the structure.
b.
The home occupation shall be conducted solely by a residential occupant
or occupants of the premises, and no other person conducting a separate
business activity may share, lease, or sublet space for home occupation
use.
c.
No more than one nonresident individual or the full-time equivalent
may be employed on the premises in addition to residential occupants
of the premises.
d.
The use shall be conducted entirely within the principal structure,
except where conditional use approval has been granted pursuant to
Section 7.430, shall generate no noise, traffic, or other nuisance
incompatible with generally accepted standards for residential areas,
and shall include no exterior storage of equipment or materials.
e.
There shall be no external evidence of home occupation use except
that one sign no more than two square feet in area may be erected
not closer than three feet from any property line, stating the name
and address of the resident conducting the home occupation and the
nature of business activity conducted on the premises.
[Ord. 97-29; 97-39]
[Ord. 97-29; 97-39]
The purpose of these regulations for the siting of wireless
telecommunications towers and antennas is to:
a.
Protect residential areas and land uses from potential adverse impacts
of towers and antennas;
b.
Encourage the location of towers in appropriate locations;
c.
Minimize the total number of towers throughout the Borough;
d.
Strongly encourage the joint use of approved tower facilities as
a primary option rather than construction of new or additional single-use
towers;
e.
Encourage users of towers and antennas to locate them, to the extent
possible, in areas where the adverse impact on the community is minimal;
f.
Encourage users of towers and antennas to configure them in a way
that minimizes the adverse visual impact of the towers ad antennas
through careful design, siting, landscape screening, and innovative
camouflaging techniques;
g.
Enhance the ability of the providers of telecommunications services
to respond to the community quickly, effectively, and efficiently;
h.
Consider the impact to public health and safety of communication
towers; and
i.
Avoid potential damage to adjacent properties from tower failure
through engineering and careful siting of tower structures. In furtherance
of these goals, Roosevelt Borough shall give due consideration to
the Borough master plan, Zoning Map, existing land uses, and environmentally
sensitive areas in approving sites for the location of towers and
antennas.
The provisions of this section shall not govern any antenna
that is owned and operated by a federally licensed amateur radio station
operator or is used exclusively as a "receive only antenna" in accordance
with Federal Communications Commission (FCC) regulations.
[Ord. 97-29; 97-39]
Wireless communications towers and antennas which are located
on property owned, leased or otherwise controlled by the Borough of
Roosevelt and which are approved by the Borough Council, shall
be deemed to be permitted as a municipal facility in the I-80 Light
Industrial Zone.
a.
Buildings or Other Equipment Storage.
1.
Antennas Mounted on Structures. The equipment cabinet or structure
used in association with antennas shall comply with the following:
(a)
The cabinet or structure shall not contain more than 200 square
feet of gross floor area or be more than 10 feet in height. In addition,
for buildings and structures which are less than 65 feet in height,
the related unmanned equipment structures, if over 200 square feet
of gross floor area or 10 feet in height, shall be located on the
ground and shall not be located on the roof of the structure.
(b)
Equipment storage buildings or cabinets shall comply with all
applicable building codes.
2.
Antennas located on Towers, Utility Poles, Light Poles. The related
unmanned equipment structures shall not contain more than 200 square
feet of gross floor area or be more than 10 feet in height, and shall
be located in accordance with the minimum yard and buffer requirements
of the zoning district in which located and shall be screened from
view of all residential properties.
b.
Removal of Abandoned Antennas and Towers. Any antenna or tower that
is not operated for a continuous period of 12 months shall be considered
abandoned, and the owners of such antenna or tower shall remove the
same within 90 days of receipt of notice from the Borough of Roosevelt
notifying the owner of such abandonment. Failure to remove an abandoned
antenna or tower within 90 days shall be grounds to remove the tower
or antenna at owner's expense. If there are two or more users of a
single tower, then this provision shall not become effective until
all users cease using the tower. Upon the dismantling and removal
of a tower, the property on which the tower was located shall be restored
to a safe and landscaped condition compatible with adjacent properties.
[Ord. 97-41]
Any application to the Planning Board of the municipality of
the Borough of Roosevelt, for subdivision or site plan approval for
the construction of multifamily dwellings of three or more units,
single family developments of 50 or more units and any commercial,
institutional or industrial development for the utilization of 1,000
square feet or more of land, must include a recycling plan.
a.
This plan must contain, at a minimum, the following:
1.
A detailed analysis of the expected composition and amount of solid
waste and recyclables generated at the proposed development site and;
2.
Locations documented on the application's site plan that provide
for convenient recycling opportunities for all owners, tenants and
occupants. The recycling area shall be of sufficient size, convenient
location and contain other attributes (e.g., signage, lighting fencing,
etc.) as may be determined by the municipal recycling coordinator.
b.
Prior to issuance of a Certificate of Occupancy by the Borough of
Roosevelt, the owner of any new multifamily housing or commercial,
institutional or industrial development must supply a copy of a duly
executed contract with a hauling company for the purposes of collection
and recycling of source-separated recyclable materials, in those instances
where the municipality does not otherwise provide this service.
c.
Provision shall be made for the indoor, outdoor or enclosed outdoor
storage and pickup of solid waste, to be approved by the Borough Engineer.
