Berkeley Township City Zoning Code
ARTICLE XVIII
Pinelands Area Use and Development Standards
§ 35-140 COMPLIANCE REQUIRED.
[Ord. No. 01-21-OAB § 35]
All development within the Pinelands Area of the Township shall comply with the development standards set forth in this article in addition to all other regulations of this chapter. The development standards of this article are intended to be the minimum provisions necessary to achieve the purposes and objectives of the Pinelands Protection Act for the Pinelands Area of the Township. In the event of conflict between the standards set forth in this article and other regulations of this chapter, the stricter provision shall apply.
§ 35-141 AGRICULTURAL MANAGEMENT PRACTICES.
[Ord. No. 01-21-OAB § 35]
a.
All agricultural activities and fish and wildlife management activities, including the preparation of land and the planting, nurturing and harvesting of crops, shall be carried out in accordance with recommended management practices established for the particular agricultural activity by the New Jersey Department of Agriculture, the Soil Conservation Service, and the New Jersey Agricultural Experimental Station at Rutgers University.
b.
In the Agricultural Production Zone, a resource conservation plan shall be prepared by the operator of every agricultural use, or the appropriate Soil Conservation District, if located in an area which has been designated by the agency of Federal, State or local government as having substandard surface or groundwater. If prepared by the operator, such plan shall be submitted to the Soil Conservation District for review. The resource conservation plan shall be reviewed, updated and revised as necessary and shall provide for the use of recommended management practices as found in, but not limited to, the following publications:
c.
Right to Farm. Any agricultural operation, when operating as a permitted use in any zoning district in the Pinelands Area, shall be exempt from any ordinance or regulation which inhibits efficient crop production, including but not limited to ordinances and regulations imposing time limits on operation, dust limits and odor restrictions, except those ordinances and regulations that are strictly necessary for the maintenance of public health.
§ 35-142 AIR QUALITY.
[Ord. No. 01-21-OAB § 35; Ord. No. 05-23-OAB § 1; Ord. No. 06-17-OAB § 16; Ord. No. 06-19-OAB § 16]
a.
All development shall adhere to the relevant air quality standards of N.J.A.C. 7:27 et seq. Adherence to the standards of this section shall be determined by means of an air quality simulation model approved by the New Jersey Department of Environmental Protection pursuant to N.J.A.C. 7:27-18.3.
b.
Applications for the following developments shall ensure that all State ambient air quality standards in N.J.A.C. 7:27 et seq. for carbon monoxide shall not be exceeded at places of maximum concentration and at sensitive receptors:
1.
Residential development of 50 or more units and any other development involving more than 100 parking spaces located in the RGR Zone.
§ 35-144 ENERGY CONSERVATION.
[Ord. No. 01-21-OAB § 35]
All development shall be carried out in a manner that promotes energy conservation and maximizes activities and passive solar energy, in accordance with any applicable statutes. Such measures may include orientation of buildings, landscaping to permit solar access and the use of energy-conserving building materials.
§ 35-145 FIRE MANAGEMENT.
[Ord. No. 01-21-OAB § 35]
a.
All proposed development in the Pinelands Area of the Township shall conform to the requirements of this section in order to protect life and property from forest fires.
b.
The following vegetation classifications shall be used in determining the fire hazard potential of a parcel of land:
Fire Hazard Class | Vegetation Type |
|---|---|
Low | Atlantic White Cedar Hardwood Swamps |
Moderate | Non-Pine barrens forest prescribed burn areas |
High | Pine barrens forest, including mature forms of pine, pine-oak or oak-pine |
Extreme | Immature or dwarf forms of pine-oak, or oak-pine; all classes of pine-scrub oak and pinelowland |
c.
No application for developmental approval shall be granted in moderate, high and extreme fire hazard areas unless the applicant demonstrates the following:
1.
All proposed development or units or sections thereof of 25 dwelling units or more shall have two accessways of a width and surface composition sufficient to accommodate and support firefighting equipment;
2.
All dead-end roads will terminate in a manner that provides safe and efficient entry and exit for fire equipment;
3.
The rights-of-way of all roads will be maintained so that they provide an effective firebreak;
4.
A fire hazard fuel break shall be provided around structures proposed for human use by the selective removal or thinning of trees, bushes, shrubs and ground cover as follows:
(a)
In moderate fire hazard areas, a fuel break of 30 feet measured outward from the structure, in which shrubs, understory trees and bushes and ground cover are to be selectively removed, mowed or pruned on an annual basis and in which all dead plant material is removed.
(b)
In high fire hazard areas, a fuel break of 75 feet measured outward from the structure, in which shrubs, understory trees and bushes and ground cover are to be selectively removed, mowed or pruned on an annual basis and in which all dead plant material is removed.
(c)
In extreme fire hazard areas, a fuel break of 100 feet measured outward from the structure, in which shrubs, understory trees and bushes and ground cover are to be selectively removed, mowed or pruned on an annual basis; no pine tree (Pinus species) is closer than 25 feet to another pine tree; and in which all dead plan material is removed.
5.
All residential developments of 100 or more dwelling units in high or extreme fire hazard areas shall have a 200-foot perimeter fuel break between all structures and the forest, in which shrubs, understory trees and bushes and ground cover are selectively removed, mowed or pruned, and maintained on an annual basis; all dead plant material is removed; roads, rights-of-way, wetlands and waste disposal sites shall be used as fire breaks to the maximum extent practicable; and there is a specific program for maintenance.
6.
All structures shall meet the following specifications:
(a)
Roofs and exteriors will be constructed of fire resistant materials such as asphalt rag felt roofing, tiles, slate, asbestos cement shingles, sheet iron, aluminum or brick. Fire retardant-treated wood shingles or shake type roofs are prohibited in high or extreme fire hazard areas.
(b)
All projections such as balconies, decks and roof gables shall be constructed of fire-resistant materials or materials treated with fire-retardant chemicals;
(c)
Any openings in the roof, attic and the floor shall be screened;
(d)
Chimneys and stovepipes which are designed to burn solid or liquid fuels shall be equipped with screens over the outlets; and
(e)
Flat roofs shall be prohibited in areas where vegetation is higher than the roof.
§ 35-146 FISH AND WILDLIFE.
[Ord. No. 01-21-OAB § 35]
a.
Protection of Threatened or Endangered Wildlife. No development shall be carried out in the Pinelands Area of the Township unless it is designed to avoid irreversible adverse impacts on habitats that are critical to the survival of any local populations of threatened or endangered animals designated by the Department of Environmental Protection pursuant to N.J.S.A. 23:2A-1 et seq.
b.
Protection of Wildlife Habitat. All development or other authorized activity shall be carried out in the Pinelands Area in a manner which avoids disturbance of fish and wildlife habitats that are essential to the continued nesting, resting, breeding and feeding of significant populations of fish and wildlife in the Pinelands.
§ 35-147 FORESTRY.
[Ord. No. 01-21-OAB § 35; Ord. No. 2012-16-OAB § 22]
a.
Permit Required. No forestry in the Pinelands Area of the Township shall be carried out by any person unless a permit for such activity has been issued by the Township Zoning Officer. Notwithstanding this requirement, no such permits shall be required for the following forestry activities:
1.
Normal and customary forestry practices on residentially improved parcels of land that are five acres or less in size;
2.
Tree harvesting, provided that no more than one cord of wood per five acres of land is harvested in any one year and that no more than five cords of wood are harvested from the entire parcel in any one year;
3.
Tree planting, provided that the area to be planted does not exceed five acres in any one year, no soil disturbance occurs other than that caused by the planting activity and no trees other than those authorized by N.J.A.C. 7:50-6.25 are to be planted;
4.
Forest stand improvement designed to selectively thin trees and brush, provided that no clearing or soil disturbance occurs and that the total land area on the parcel in which the activity occurs does not exceed five acres in any one year; and
5.
Prescribed burning and the clearing and maintaining of fire breaks.
b.
Forestry Application Requirements. The information in Subsections b1 or 2 below shall be submitted to the Township Zoning Officer prior to the issuance of any forestry permit:
1.
For forestry activities on a parcel of land enrolled in the New Jersey Forest Stewardship Program, a copy of the approved New Jersey Forest Stewardship Plan. This document shall serve as evidence of the completion of an application with the Pinelands Commission as well as evidence that the activities are consistent with the standards of the Pinelands Comprehensive Management Plan. No certificate of filing from the Pinelands Commission shall be required.
2.
For all other forestry applications:
(a)
The applicant's name and address and his interest in the subject parcel;
(b)
The owner's name and address, if different from the applicant's, and the owner's signed consent to the filing of the application;
(c)
The description, including block and lot designation and street address, if any, of the subject parcel;
(d)
A description of all existing uses of the subject parcel;
(e)
A brief written statement generally describing the proposed forestry operation;
(f)
A USGS Quadrangle map, or copy thereof, and a copy of the municipal tax map sheet on which the boundaries of the subject parcel, the Pinelands management area designation and the municipal zoning designation are shown;
(g)
A forestry management plan that includes, as appropriate:
(1)
A cover page for the plan containing:
[a]
The name, mailing address and telephone number of the owner of the subject parcel;
[b]
The municipality and county in which the subject parcel is located;
[c]
The block and lot designation and street address, if any, of the subject parcel;
[d]
The name and address of the forester who prepared the plan, if not prepared by the owner of the subject parcel; and
[e]
The date the plan was prepared, subsequent revision dates and the period of time the plan is intended to cover;
(2)
A clear and concise statement of the owner's objectives for undertaking the proposed forestry activities, including a description of the short- (five years) and long-term (20 years) objectives for all proposed silvicultural techniques that will be used to manage the parcel;
(3)
A description of the existing conditions of the subject parcel and of each forest stand in which a proposed activity, prescription or practice will occur. These stand descriptions shall include photographs of each stand taken at eye level showing the location of all Pinelands Native Forest Types, as identified at N.J.A.C. 7:50-6.43, and shall be keyed to an activity map that shall include, as appropriate, the following information:
[a]
The number of acres;
[b]
The general condition and quality of each stand;
[c]
The overall site quality, relative to the management goals and objectives identified in Subsection b2(g)(2) above;
[d]
An inventory and map of Pinelands Native Forest Types with Native Forest Types broken into "stands," including information on type, size and volume by species;
[e]
The age of representative trees;
[f]
The species composition, including overstory, understory, ground layer structure and composition;
[g]
The stand cohort composition;
[h]
The percent cover;
[i]
The basal area;
[j]
The structure, including age classes, diameter breast height (DBH) classes and crown classes;
[k]
The condition and species composition of advanced regeneration when applicable;
[l]
A stocking table showing the stocking levels, growth rates and volume;
[m]
Projections of intended future stand characteristics at ten-, twenty-, and forty-year intervals;
[n]
A description of the forestry activities, silvicultural prescriptions, management activities and practices proposed during the permit period and the acreage proposed for each activity. These may include, but are not necessarily limited to, a description of:
[1]
Stand improvement practices;
[2]
Site preparation practices;
[3]
Harvesting practices;
[4]
Regeneration and reforestation practices;
[5]
Improvements, including road construction, stream crossings, landings, loading areas and skid trails;
[6]
Herbicide treatments;
[7]
Silvicultural treatment alternatives;
[8]
If planting will occur to accomplish reforestation, the application shall include seed sources records, if such records are available;
[9]
Implementation instructions; and
[10]
Measures that will be taken to prevent the potential spread of exotic plant species or phragmites into wetlands; and
[o]
A description, if appropriate, of the forest products to be harvested, including volume expressed in cords and board feet; diameter breast height (DBH) classes and average diameter; age; heights; and number of trees per acre; and
(4)
A map of the entire parcel which includes the following:
[a]
The owner's name, address and the date the map was prepared;
[b]
An arrow designating the north direction;
[c]
A scale which is not smaller than one inch equals 2,000 feet or larger than one inch equals 400 feet;
[d]
The location of all property lines;
[e]
A delineation of the physical features such as roads, streams and structures;
[f]
The identification of soil types (a separate map may be used for this purpose);
[g]
A map inset showing the location of the parcel in relation to the local area;
[h]
Clear location of the area and acreage in which each proposed activity, prescription or practice will occur. If shown on other than the property map, the map or maps shall note the scale, which shall not be smaller than one inch equals 2,000 feet or larger than one inch equals 400 feet, and shall be appropriately keyed to the property map; and
[i]
A legend defining the symbols appearing on the map.
(i)
A cultural resource survey documenting cultural resources on those portions of the parcel where ground disturbance due to site preparation or road construction will occur and a detailed description of the measures proposed by the applicant to treat those cultural resources in accordance with § 35-149;
(j)
A statement identifying the type, location and frequency of any proposed herbicide treatments and how such treatments will comply with the standards set forth in Subsection c9(b) below;
(k)
A statement identifying the specific steps to be taken to ensure that trees or areas to be harvested are properly identified so as to ensure that only those trees intended for harvesting are harvested;
(1)
Written comments from the New Jersey State Forester concerning the extent to which the proposed forestry activities are consistent with the guidelines provided in the New Jersey Forestry and Wetlands Best Management Practices Manual developed by the New Jersey Department of Environmental Protection, dated October 1995, as amended. Any such comments which indicate that the proposed activities are not consistent with said Manual must be addressed by the applicant in terms of their potential impact on the standards set forth in Subsection c below; and
(l)
A Certificate of Filing from the Pinelands Commission issued pursuant to N.J.A.C. 7:50-4.34; and
c.
Forestry Standards. Forestry operations shall be approved only if the applicant can demonstrate that the standards set forth below are met:
1.
All forestry activities shall serve to maintain Pinelands native forest types, including those which are locally characteristic, except in those stands where other forest types exist;
2.
Any newly developed access to lands proposed for harvesting shall avoid wetland areas except as absolutely necessary to harvest wetlands species or to otherwise gain access to a harvesting site;
3.
The following actions shall be required to encourage the establishment, restoration or regeneration of Atlantic White Cedar in cedar and hardwood swamps:
(a)
Clear-cutting cedar and managing slash;
(b)
Controlling competition by other plant species;
(c)
Utilizing fencing and other retardants, where necessary, to protect cedar from overbrowsing;
(d)
Utilizing existing streams as cutting boundaries, where practical;
(e)
Harvesting during dry periods or when the ground is frozen; and
(f)
Utilizing the least intrusive harvesting techniques, including the use of winches, corduroy roads and helicopters, where practical.
4.
All forestry activities and practices shall be designed and carried out so as to comply with the standards set forth in §§ 35-146 and 35-157e. The species accounts provided in the "Recommended Forestry Management Practices Report," Appendix I - Endangered Animals, dated March 2006, as amended and supplemented and available at the principal office of the Commission or at www.nj.gov/pinelands, may be utilized as a guide for meeting these standards;
5.
All forestry activities and practices shall be designed and carried out so as to comply with the standards for the land application of waste set forth in N.J.A.C. 7:50 6.79, except as expressly authorized in this section;
6.
All forestry activities and practices shall be designed and carried out so as to comply with the standards for the protection of historic, archaeological and cultural resources set forth in § 35-149;
7.
A vegetated streamside management zone shall be maintained or established adjacent to streams, ponds, lakes and marshes, except that no streamside management zone shall be required when Atlantic White Cedar is proposed to be harvested, established, restored or regenerated. The streamside management zone shall be at least 25 feet in width. Where soils are severely erodible, slopes exceed 10% or streamside vegetation is not vigorous, the streamside management zone shall be increased up to a maximum of 70 feet to buffer the water body from adjacent forestry activities;
8.
Stream crossings, access roads, timber harvesting, skid trails, log decks, portable sawmill sites, site preparation, and reforestation shall be designed and carried out so as to:
9.
The following standards shall apply to silvicultural practices for site preparation, either before or after harvesting:
(a)
In areas with slopes of greater than 10%, an undisturbed buffer strip of at least 25 feet in width shall be maintained along roads during site preparation to catch soil particles;
(b)
Herbicide treatments shall be permitted, provided that:
(1)
The proposed treatment is identified in the forestry application submitted to the Zoning Officer pursuant to Subsection b2(j) above;
(2)
Control of competitive plant species is clearly necessary;
(3)
Control of competitive plant species by other, non-chemical means is not practical;
(4)
All chemicals shall be expressly labeled for forestry use and shall be used and mixed in a manner that is consistent with relevant State and Federal requirements; and
(5)
In Pine-Shrub Oak Native Forest Types, herbicide treatments shall only be permitted as a method to temporarily suppress shrub-oak understory in order to facilitate pine regeneration. All such herbicide treatments shall be applied in a targeted manner so that there will be no significant reduction in tree or shrub-oak resprouting outside those areas subject to the herbicide treatment;
(c)
Broadcast scarification and mechanical weeding shall be permitted in all Pinelands Native Forest Types;
(d)
Disking shall be permitted, provided that:
(1)
It shall not be permitted in Pine Plains Native Forest Types;
(2)
Disking shall only be permitted in Pine-Shrub Oak Native Forest Types as a method to temporarily suppress shrub-oak understory in order to facilitate pine regeneration, and shall be limited as follows:
[a]
Disking may occur one time during the first year of the establishment of a stand to assure the successful growth of pine seedlings and may be repeated one time during the second year of the growth of the stand only in areas where pine seedling establishment has not successfully occurred; and
[b]
Only single-pass disking, which penetrates the soil no deeper than six inches, shall be permitted.
(3)
It shall not occur in wetlands, except as may be necessary to establish, restore or regenerate Atlantic White Cedar. When so used, disking shall be limited to shrub-dominated parcels and recently abandoned agricultural lands; and
(4)
It shall follow land contours when slopes are discernible;
(e)
Root raking shall be permitted, provided that:
(1)
It shall not be permitted in Pine-Shrub Oak Native Forest Types or Pine Plains Native Forest Types;
(2)
When used to establish, restore or regenerate Atlantic White Cedar, root raking shall be limited to shrub-dominated parcels and recently abandoned agricultural lands; and
(3)
Root raking debris shall not be piled in wetlands;
(f)
Bedding shall be permitted only in recently abandoned, cultivated wetlands where there are no established Pinelands Native Forest Types; and
(g)
Drum chopping shall be permitted, provided that:
(1)
It shall not be permitted in Pine Plains Native Forest Types except to create road shoulder fuelbreaks, which shall be limited to 25 feet in width, or to create scattered early successional habitats under two acres in size;
(2)
It shall not be permitted in wetlands, except as may be necessary to establish, restore or regenerate Atlantic White Cedar. When so used, drum chopping shall be limited to shrub-dominated parcels and recently abandoned agricultural lands; and
(3)
It shall adhere to the following procedures:
[a]
No more than two passes shall be permitted except to create scattered early successional habitats under two acres in size;
[b]
Drums shall remain unfilled when used during the dormant season;
[c]
Chop up and down the slope on a parcel so the depressions made by the cleats and chopper blades run parallel to the contour of the land to help reduce the occurrence of channeled surface erosion;
[d]
Chop so the depressions made by the cleats and chopper blades run parallel to a wetland or water body; and
[e]
Avoid short-radius, 180° turns at the end of each straight pass.
10.
The following standards shall apply to silvicultural practices for harvesting:
(a)
Clear-cutting shall be permitted, provided that:
(1)
It shall not be permitted in Pine Plains Native Forest Types;
(2)
It shall be limited to 300 acres or 5% of a parcel, whichever is greater, during any permit period;
(3)
A fifty-foot-wide buffer strip, in which only periodic pruning and thinning may occur, shall be maintained between any clear-cut and the parcel boundaries;
(4)
A buffer strip, in which only periodic pruning and thinning may occur, shall also be maintained to separate each twenty-five-acre or larger clear-cut from other twenty-five-acre or larger clear-cut, coppice cuts and seed tree cuts that occur within a fifteen-year period. The buffer strip separating two twenty-five-acre harvests shall be 50 feet in width and, for a larger harvest, shall increase in width by one foot for each acre of that harvest above 25, to a maximum of 300 feet in width;
(5)
Where present on a parcel, a minimum of 18 dead snags per acre of at least 10 inches diameter breast height (DBH) and six feet in height shall be left on the parcel for a minimum of five years; and
(6)
The area of the parcel subject to the clear-cut shall have contoured edges unless the boundary of the clear-cut serves as a firebreak in which case straight edges may be used;
(b)
Coppicing shall be permitted in all Pinelands Native Forest Types, provided that:
(1)
It shall be limited to 500 acres in size or 10% of a parcel, whichever is greater, during any permit period;
(2)
A fifty-foot-wide buffer strip, in which only periodic pruning and thinning may occur, shall be maintained between any coppice cut and the parcel boundaries;
(3)
A buffer strip, in which only periodic pruning and thinning may occur, shall also be maintained to separate each 25-acre or larger coppice cut from other 25-acre or larger clear-cut, coppice cuts and seed tree cuts that occur within a fifteen-year period. The buffer strip separating two twenty-five-acre harvests shall be 50 feet in width and, for a larger harvest, shall increase in width by one foot for each acre of that harvest above 25, to a maximum of 300 feet in width;
(4)
Where present on a parcel, a minimum of 18 dead snags per acre of at least 10 inches DBH and six feet in height shall be left on the parcel for a minimum of five years; and
(5)
The area of the parcel subject to the coppice cut shall have contoured edges unless the boundary of the coppice cut serves as a firebreak in which case straight edges may be used;
(c)
Seed tree cutting shall be permitted in all Pinelands Native Forest Types, provided that:
(1)
It shall be limited to 500 acres in size or 10% of a parcel, whichever is greater, during any permit period;
(2)
A fifty-foot-wide buffer strip, in which only periodic pruning and thinning may occur, shall be maintained between any seed tree cut and the parcel boundaries;
(3)
A buffer strip, in which only periodic pruning and thinning may occur, shall also be maintained to separate each 25-acre or larger seed tree cut from other 25-acre or larger clear-cut, coppice cuts and seed tree cuts that occur within a fifteen-year period. The buffer strip separating two twenty-five-acre harvests shall be 50 feet in width and, for a larger harvest, shall increase in width by one foot for each acre of that harvest above 25, to a maximum of 300 feet in width;
(4)
Where present on a parcel, a minimum of 18 dead snags per acre of at least 10 inches DBH and six feet in height shall be left on the parcel for a minimum of five years;
(5)
The area of the parcel subject to the seed tree cut shall have contoured edges unless the boundary of the seed tree cut serves as a firebreak in which case straight edges may be used;
(6)
Dominant residual seed trees shall be retained at a distribution of at least seven trees per acre; and
(7)
Residual seed trees shall be distributed evenly throughout the parcel; and
(d)
Shelterwood cutting, group selection and individual selection shall be permitted in all Pinelands Native Forest Types.
11.
The following standards shall apply to silvicultural practices for forest regeneration:
(a)
Natural regeneration shall be permitted in all Pinelands Native Forest Types and shall be required in the Pine Plains Native Forest Type, except as provided in Subsection 11(b) below; and
(b)
Artificial regeneration shall be permitted in all Pinelands Native Forest Types provided that:
(1)
The use of non-native cuttings, seedlings or seeds shall not be permitted;
(2)
The use of hybrid cuttings, seedlings or seeds shall be permitted if it can be demonstrated that the cutting is from a locally native, naturally occurring hybrid which will be planted within its natural range and habitat;
(3)
Cuttings, seedlings or seeds shall be collected and utilized so as to ensure genetic diversity; and
(4)
When used in Pine Plains Native Forest Types, artificial regeneration shall only be permitted to restore drastically disturbed sites if seeds or seedlings from the immediate vicinity have been collected from local, genetically similar sources.
12.
Following site preparation and harvesting activities, slash shall either be retained in piles on the parcel, distributed throughout the parcel, removed from the parcel or burned.
13.
Thinning shall be permitted in all Pinelands Native Forest Types, including that which serves to maintain an understory of native plants and/or manage stand composition, density, growth and spatial heterogeneity.
14.
A copy of the approved municipal forestry permit shall be conspicuously posted on the parcel which is the site of the forestry activity.
d.
Forestry Permit Procedures.
1.
Applications for forestry permits shall be submitted to the Zoning Officer and shall be accompanied by an application fee of $25.
2.
Within 14 days of receipt of an application, the Zoning Officer shall determine whether the application is complete and, if necessary, notify the applicant in writing of any additional information, which is necessary to complete the application. Should the Zoning Officer fail to make such a determination within 14 days, the application shall be considered to be complete as of the 15th day following its submission.
3.
Within 45 days of determining an application to be complete pursuant to Subsection d2 above, or within such further time as may be consented to by the applicant, the Zoning Officer shall issue a forestry permit if the activities proposed in the application comply with the standards in Subsection c above or disapprove any application which does not meet the requirements of Subsection c above. Any such notice of disapproval shall specifically set forth the deficiencies of the application.
4.
Upon receipt of a notice of disapproval pursuant to Subsection d3 above, the applicant shall have 30 days in which to correct the deficiencies and submit any necessary revisions to the application to the Zoning Officer for review. The Zoning Officer shall review the revised application to verify conformity with the standards in Subsection c above and shall, within 14 days of receipt of the revised application, issue a forestry permit or disapprove the application pursuant to Subsection d3 above.
5.
Failure of the Zoning Officer to act within the time period prescribed in Subsections d3 and 4 above shall constitute approval of the forestry application as submitted. At the request of the applicant, a certificate as to the failure of the Zoning Officer to act shall be issued by the municipality and it shall be sufficient in lieu of the written endorsement or other evidence of municipal approval required herein.
6.
In reviewing and issuing permits for forestry applications, the Zoning Officer shall also comply with the Pinelands Area notice and review procedures set forth in §§ 35-145 through 148 of this chapter.
7.
Forestry permits shall be valid for a period of 10 years. Nothing in this section shall be construed to prohibit any person from securing any additional permits, provided that the requirements of this chapter and the Pinelands Comprehensive Management Plan are met.
e.
Administrative Fees. Upon the issuance of a forestry permit pursuant to Subsection d3 above, the applicant shall be required to pay a sum of $250 which shall serve as reimbursement for any administrative costs incurred by the municipality during the ten-year permit period. The applicant shall not be subject to any additional fees or escrow requirements for the duration of the forestry permit.
f.
Notification of Harvesting. No harvesting shall be commenced until the applicant has provided the Zoning Officer with 72 hours' written notice of the intention to begin harvesting operations.
§ 35-149 HISTORIC RESOURCE PRESERVATION.
[Ord. No. 01-21-OAB § 35]
a.
The Planning Board shall exercise all the powers and perform all the duties set forth in N.J.A.C. 7:50-6.153(a), including recommendations to the Township Council for designation of historic resources, in accordance with N.J.S.A. 40:55D-1 et seq., which are determined to be significant pursuant to Subsection e2 below.
c.
Certificates of Appropriateness Required. Certificates of appropriateness shall be required for the following:
1.
Construction, encroachment upon, alteration remodeling, removal, disturbance or demolition of any resource designated by the Township Council or the Pinelands Commission pursuant to N.J.A.C. 7:50-6.154 or any action which renders such a site inaccessible; and
d.
Applications for certificates of appropriateness shall include the information specified in N.J.A.C. 7:50-6.156(b).
e.
Cultural Resource Survey. A cultural resource survey shall accompany all applications for major development in the Pinelands Area in order to determine whether any significant historic resources exist on the parcel. Guidelines for this survey are contained in Appendix B of the "Cultural Resource Management Plan," dated April 1991, as amended. In general, the survey shall include: a statement as to the presence of any properties listed on the National and State Registers of Historic Places on the site or within the area of the projects' potential environmental impacts; a thorough search of State, local and any other pertinent inventories to identify sites of potential significance; a review of the literature and consultation with professional and a vocational archaeologists knowledgeable about the area; thorough pedestrian and natural resources surveys; archaeological testing as necessary to provide reasonable evidence of the presence or absence of historic resources of significance; adequate recording of the information gained and methodologies and sources used; and a list of personnel involved and qualifications of the person(s) performing the survey.
1.
This requirement for a survey may be waived by the local approving authority if:
(a)
There is sufficient evidence of significant cultural activity on the project site or, in the case of archaeological resources, within the vicinity;
(b)
The evidence of cultural activity on the site lacks the potential for importance because further recording of the available data will not contribute to a more comprehensive understanding of Pinelands culture; or
2.
A resource shall be deemed to be significant if it possesses integrity of location, design, setting, materials, workmanship, feeling and association which reflects its significance in American history, architecture, archaeology or culture under one or more of the following criteria:
(a)
The presence of structures, sites or areas associated with events of significance to the cultural, political, economic or social history of the nation, State, local community or the Pinelands; or
(b)
The presence of structures, sites or areas associated with the lives of persons or institutions of significance to the cultural, political, economic or social history of the nation, State, local community or the Pinelands; or
(c)
The presence of structures that represent the work of a master, or that possesses high artistic values, or that embody the distinctive characteristics of a type, period or method of construction, or that represent a distinguishable entity of significance to the architectural, cultural, political, economic or social history of the nation, State or local community of the Pinelands, although its components may lack individual distinction; or
(d)
The presence of a site or area that has yielded or is likely to yield significant information regarding the history or archaeological history of the Pinelands.
f.
Basis for Certificate Issuance. The standards governing the issuance of certificates of appropriateness in N.J.A.C. 7:50-6.156(c) shall be followed by the Planning Board and Board of Adjustment.
g.
Effect of Issuance. The effect of issuance of a certificate of appropriateness is as follows:
1.
All subsequent development approvals shall be issued or denied in a manner consistent with the certificate of appropriateness except as provided in Subsection g2 below.
2.
A certificate of appropriateness issued as a result of the cultural resource survey requirement set forth in Subsection e above shall be effective for two years. If the resource is not designated by the Commission pursuant to N.J.A.C. 7:50-6.154 or by the Township Council pursuant to N.J.S.A. 40:55D-1 et seq. within that two-year period, the historic resource standards of this section shall no longer apply to the resource in question until such time as the Commission designates the resource pursuant to N.J.A.C. 7:50-6.154.
h.
Other Documentation. The following information will be required to document resources, which are not found to be significant, but which are otherwise found to present graphic evidence of a cultural activity:
1.
A narrative description of the resource and its cultural environment;
2.
Photographic documentation to record the exterior appearance of buildings, structures and engineering resources;
3.
A site plan depicting in correct scale the location of all buildings, structures and engineering resources;
4.
A New Jersey State inventory form as published by the New Jersey Department of Environmental Protection for buildings and a narrative description of any process or technology if necessary to elaborate upon the photographic record.
i.
Identification During Construction. If archaeological data is discovered on a site at any time after construction has been commenced, the developer shall immediately cease construction, notify the Planning Board and the Pinelands Commission and take all reasonable steps to protect the archaeological data in accordance with the "Guidelines for the Recovery of Scientific, Prehistoric, Historic and Archaeological Data: Procedures for Notification, Reporting and Data Recovery" (36 C.F.R. 66).
§ 35-150 PINELANDS DEVELOPMENT CREDITS.
[Ord. No. 01-21-OAB § 35; Ord. No. 2012-16-OAB § 23]
a.
Except for land which was owned by a public agency on January 14, 1981, land which is thereafter purchased by the State for conservation purposes, land which is subject to an easement limiting the use of land to nonresidential uses or land otherwise excluded from entitlement in this section, every parcel of land in the PA Zone and AP Zone shall have a use right known as Pinelands development credits that can be used to secure a density bonus for lands located in the Regional Growth Residential Zone. Pinelands development credits may also be allocated to certain properties in the Township by the Pinelands Commission pursuant to N.J.A.C. 7:50-4.61 et seq.
b.
Pinelands development credits are hereby established at the following ratios:
1.
In the PA Zone:
(a)
Uplands that are undisturbed but currently or previously approved for resource extraction pursuant to this chapter: two Pinelands development credits per 39 acres;
(b)
Uplands which are mined as a result of a resource extraction permit approved pursuant to this chapter: zero Pinelands development credits per 39 acres;
(c)
Other uplands: one Pinelands development credit per 39 acres; and
(d)
Wetlands: 0.02 Pinelands development credits per 39 acres.
2.
In the AP Zone:
(a)
Uplands that are undisturbed but approved for resource extraction pursuant to this chapter: two Pinelands development credits per 39 acres;
(b)
Uplands which are mined as a result of a resource extraction permit approved pursuant to this chapter: zero Pinelands development credits per 39 acres;
(c)
Other uplands and areas of active berry agricultural bogs and fields: two Pinelands development credits per 39 acres;
(d)
Wetlands in active field agricultural use currently and as of February 7, 1979: two Pinelands development credits per 39 acres; and
(e)
Other wetlands: 0.02 Pinelands development credits per 39 acres.
c.
The allocations established in Subsection b above shall be reduced as follows:
1.
Any parcel of 10 acres or less which is developed for a commercial, industrial, resource extraction, intensive recreation, institutional, campground or landfill use shall not receive Pinelands development credit entitlement. For such an improved parcel of more than 10 acres, the area actively used for such use or 10 acres, whichever is greater, shall not receive Pinelands development credit entitlement.
2.
The Pinelands development credit entitlement of a parcel of land shall be reduced by 0.25 Pinelands development credits for each existing dwelling unit on the property.
3.
The Pinelands development credit entitlement for a parcel of land shall be reduced by 0.25 Pinelands development credits for each reserved right to build a dwelling unit on the parcel retained by the owner of the property pursuant to Subsection h2 below or when a variance for cultural housing is approved by the Township pursuant to Subsection 35-89.15b.
4.
The Pinelands development credit entitlement for a parcel of land shall be reduced by 0.25 Pinelands development credits for each dwelling unit approved pursuant to N.J.A.C. 7:50-4.61 et seq., when a waiver of strict compliance is granted by the Pinelands Commission.
d.
The owners of parcels of land which are smaller than 39 acres shall have a fractional Pinelands development credit at the same ratio established in Subsection b above.
e.
Notwithstanding the provisions above, the owner of record of 0.10 or greater acres of land in the PA Zone or AP Zone, as of February 7, 1979, shall be entitled to 0.25 Pinelands development credits, provided that the parcel of land is vacant, was not in common ownership with any contiguous land on or after February 7, 1979, and has not been sold or transferred except to a member of the owner's immediate family.
f.
The provisions of Subsection e above shall also apply to owners of record of less than 0.10 acre of land in the PA Zone and AP Zone, as of February 7, 1979, provided that said owners acquire vacant, contiguous lands to which Pinelands development credits are allocated pursuant to Subsections a and b above, which lands, when combined with the acreage of the parcel owned prior to February 7, 1979 total at least 0.10 of an acre.
h.
Limitations on Use of Pinelands Development Credits.
1.
No Pinelands development credit may be conveyed, sold, encumbered, or transferred unless the owner of the land from which the credit has been obtained has received a Pinelands development credit certificate from the New Jersey Pinelands Development Credit Bank pursuant to N.J.A.C. 3:42-3, and has deed restricted the use of the land in perpetuity to those uses set forth in Subsection l2 below by a recorded deed restriction which is in favor of a public agency or not-for-profit incorporated organization and specifically and expressly enforceable by the Pinelands Commission.
2.
Notwithstanding the provisions of Subsection h1 above, an owner of a parcel from which Pinelands development credits are sold may retain a right for residential development on that parcel, provided that the recorded deed restriction expressly provided for same and that the total allocation of Pinelands development credits for that property is reduced by 0.25 Pinelands development credit for each reserved right to build a dwelling unit. Subdivision of the property shall not be required until such time as the residential development right is exercised.
i.
The bonus density of a parcel of land on which Pinelands development credits are used shall not exceed the density provided in the RGR Zone for the transfer of Pinelands development credits.
j.
No development involving the use of Pinelands development credits shall be approved until the developer has provided the Pinelands Commission and the Township with evidence of his ownership and redemption of the requisite Pinelands development credits; provided, however, that the Township may grant general development plan, preliminary subdivision or preliminary site plan approval conditioned upon such evidence being presented as a prerequisite to final subdivision or site plan approval. For such a final subdivision or site plan, the developer shall provide evidence of Pinelands development credit ownership and redemption to secure the same proportion of lots or residential units as was approved for Pinelands development credit use in the preliminary approval or, as appropriate, the general development plan. Notification of any such preliminary or final approval shall be made to the Commission pursuant to § 35-145 and to the New Jersey Pinelands Development Credit Bank in accordance with N.J.A.C. 3:42-3. Redemption of the requisite Pinelands development credits shall thereafter be accomplished in accordance with N.J.A.C. 3:42-3.6 prior to the memorialization of the resolution granting final subdivision or final site plan approval, or if no such approval is required, prior to the issuance of any construction permits. In no case shall a building or construction permit be issued for any development involving the use of Pinelands development credits until the developer has provided the Pinelands Commission and the Township with evidence of his ownership of the requisite Pinelands development credits and those Pinelands development credits have been redeemed with the Township.
k.
Use of Credits. Pinelands development credits shall be used in the following manner:
1.
To permit development of parcels of land in the RGR Zone according to the density and lot area requirements set forth in § 35-101 and Subsection 35-110.12a7;
2.
When a variance of density of minimum lot area requirements for the RGR Zone is granted by the Township, Pinelands development credits shall be used for all dwelling units or lots in excess of that otherwise permitted without the variance;
3.
When a variance for a nonresidential use not otherwise permitted in the RGR Zone is granted by the Township, Pinelands development credits shall be used at 50% of the maximum rate permitted for Pinelands development credit use in the RGR Zone for parcels under 10 acres in size; at 75% of the maximum permitted rate for parcels between 10 and 20 acres in size; and at 100% of the maximum permitted rate for parcels over 20 acres in size;
4.
When a variance for cultural housing is granted by the Township in accordance with Subsection 35-89.15b; and
5.
When a waiver of strict compliance is granted by the Pinelands Commission pursuant to N.J.A.C. 7:50-4.61 et seq.
l.
Recording of Deed Restrictions.
1.
No conveyance, sale or transfer of Pinelands development credits shall occur until the municipality with jurisdiction over the parcel of land from which the Pinelands development credits were obtained, the agency or organization to which the restriction is in favor, and the Commission have been provided with evidence of recordation of a restriction on the deed to the land from which the development credits were obtained.
2.
Such deed restriction shall specify the number of Pinelands development credits sold and that the property may only be used in perpetuity for the following uses:
(a)
In the PA Zone: Berry agriculture; horticulture of native Pinelands plants; forestry; beekeeping; fish and wildlife management; wetlands management; agricultural employee housing as an accessory use; and low-intensity recreational uses in which the use of motorized vehicles is not permitted except for necessary transportation, access to water bodies is limited to no more than 15 feet of frontage per 1,000 feet of frontage on the water body, clearing of vegetation does not exceed 5% of the parcel, and no more than 1% of the parcel will be covered with impervious surfaces.
(b)
In the AP Zone: Agriculture; forestry; agricultural employee housing as an accessory use; low-intensity recreational uses in which the use of motorized vehicles is not permitted except for necessary transportation, access to water bodies is limited to no more than 15 feet of frontage per 1,000 feet of frontage on the water body, clearing of vegetation does not exceed 5% of the parcel, and no more than 1% of the parcel will be covered with impervious surfaces; fish and wildlife management; wetlands management; agricultural commercial establishments, excluding supermarkets, restaurants and convenience stores, where the principal goods or products available for sale were produced in the Pinelands and the sales area does not exceed 5,000 square feet; airports and heliports accessory to agricultural uses and which are used exclusively for the storage, fueling, loading and operation of aircraft as part of an ongoing agricultural operation; agricultural products processing facilities; and accessory uses.
[Amended 6-25-2018 by Ord. No. 18-22-OAB]
(c)
In all other Pinelands zoning districts where Pinelands development credits have been allocated pursuant to N.J.A.C. 7:50-4.62(d)2: agriculture, forestry and low intensity recreational uses.
m.
Pinelands development credits, which are used for securing a density bonus for parcels of land located in the RGR Zone, shall yield a bonus of four dwelling units per credit.
n.
Pinelands development credits may be aggregated from different parcels for use in securing a bonus for a single parcel of land in the RGR Zone, provided that density in the RGR Zone does not exceed that provided in Subsections 35-101.6b3 and 35-110.12a7 for the transfer of Pinelands development credits.
§ 35-152 RECREATION.
[Ord. No. 01-21-OAB § 35]
a.
All recreation areas and facilities shall be designed in accordance with the New Jersey Department of Environmental Protection publication "Administrative Guidelines: Barrier-Free Design Standards for Parks and Recreational Facilities."
b.
Improved bicycling facilities shall be provided only in conjunction with paved roads.
§ 35-153 RESOURCE EXTRACTION.
[Ord. No. 01-21-OAB § 35; amended 5-20-2024 by Ord. No. 24-19-OA]
a.
Except as otherwise authorized in this chapter, the extraction or mining of mineral resources, other than sand, gravel, clay and ilmenite, is prohibited.
b.
Any application filed for approval of resource extraction operations in the Pinelands Area shall include at least the following information:
1.
The applicant's name and address and his interest in the subject parcel;
2.
The owner's name and address, if different from the applicant's, and the owner's signed consent to the filing of the application;
3.
The legal description, including block and lot designation, and street address, if any, of the subject parcel;
4.
A description of all existing uses of the subject parcel;
5.
A brief written statement generally describing the proposed development;
6.
A USGS quadrangle map, or copy thereof, and a copy of the municipal tax map sheet on which are shown the boundaries of the subject parcel, the Pinelands management area designation and the zoning designation;
7.
A topographic map at a scale of one inch equals 200 feet, showing the proposed dimensions, location and operations on the subject parcel;
8.
The location, size and intended use of all buildings;
9.
The location of all points of ingress and egress;
10.
A location map, including the area extending at least 300 feet beyond each boundary of the subject parcel, showing all streams, wetlands and significant vegetation, forest associations and wildlife habitats;
11.
The location of all existing and proposed streets and rights-of-way, including railroad rights-of-way;
12.
A soils map;
13.
A restoration plan, which includes:
(a)
Method of stockpiling topsoil and overburden;
(b)
Proposed grading and final elevations;
(c)
Topsoil material application and preparation;
(d)
Type, quantity and age of vegetation to be used;
(e)
Fertilizer application including method and rates;
(f)
Planting method and schedules; and
(g)
Maintenance requirements schedule.
14.
A signed acknowledgment from both the owner and the applicant that they are responsible for any resource extraction activities which are contrary to any provision of this chapter or of the approved resource extraction plan done by any agent, employee, contractor, subcontractor or any other person authorized to be on the parcel by either the owner or the applicant;
15.
A financial surety, guaranteeing performance of the requirements of Subsection c below in the form of a letter of credit, certified check, surety bond or other recognized form of financial surety acceptable to the Pinelands Commission. The financial surety shall be equal to the cost of restoration of the area to be excavated during the duration of any approval that is granted. The financial surety, which shall name the Pinelands Commission and the Township as the obligee, shall be posted by the property owner or his agent with the Township.
16.
If the application includes a proposed diversion from the Kirkwood-Cohansey aquifer, a hydrogeologic report that identifies the volume of the diversion, the volume of water to be returned to the source, a description of the route of return to the source, the methodology used to quantify the volume of water returned to the source and a description of any other existing or proposed water diversions or discharges on or from the parcel. The report shall also include a map that depicts the location of the diversion, the location of the return to source, the location of all existing or proposed resource extraction operations and the location of all wetlands on or within 300 feet of the parcel on which the diversion is proposed.
c.
Resource Extraction Standards. Resource extraction operations shall be approved only if the applicant can demonstrate that the proposed resource extraction operation:
1.
Is designed so that no area of excavation, sedimentation pond, storage area, equipment, or machinery or other structure or facility is closer than 200 feet to any property line, unless it can be demonstrated that a distance between 100 and 200 feet will not result in greater off-site environmental impacts;
2.
Is to be located on a parcel of land at least 20 acres in size;
3.
Provides that all topsoil that is necessary for restoration will be stored on the site and will be protected from wind or water erosion. Topsoil shall not be stored within 200 feet of any property line unless the area proposed for storage is unforested and will be restored;
4.
Is fenced or blocked to prevent unauthorized entry into the resource extraction operation through access roads;
5.
Provides ingress and egress to the resource extraction operation from public roads by way of gravel or porous paved roadways;
6.
Is designed so that the surface runoff will be maintained on the parcel in a manner that will provide for on-site recharge to groundwater;
7.
Will not involve excavation exceeding 65 feet below the natural surface of the ground existing prior to excavation unless it can be demonstrated that a depth exceeding 65 feet will result in no significant adverse impact relative to the proposed final use or on off-site areas;
8.
Will be carried out in accordance with an extraction schedule, which depicts the anticipated sequence, as well as anticipated length of time, that each of the twenty-acre units of the parcel proposed for extraction will be worked. This shall not preclude more than one twenty-acre unit from being worked at any one time, provided that there is a demonstrated need for additional units, restoration is proceeding on previously mined units and the area of clearing does not exceed that specified in Subsection c9 below;
9.
Will not involve clearing adjacent to ponds in excess of 20 acres or an area necessary to complete scheduled operations; or will not involve unreclaimed clearing exceeding 100 acres or 50% of the area to be mined, whichever is less, for surface excavation at any time;
10.
Will not result in a substantial adverse impact upon those significant resources depicted on the Special Areas Map appearing as Figure 7.1 in the Comprehensive Management Plan; and
11.
Will involve restoration of disturbed areas at the completion of the resource extraction operation in accordance with the following requirements:
(a)
Restoration shall be a continuous process and each portion of the parcel shall be restored such that the ground cover be established within two years and tree cover established within three years after resource extraction is completed for each portion of the site mined;
(b)
Restoration shall proceed in the same sequence and time frame set forth in the extraction schedule required in Subsection b8 above;
(c)
All restored areas shall be graded to conform to the natural contours of the parcel to the maximum extent practical. Grading techniques that help to control erosion and foster revegetation shall be utilized. The slope of restored surfaces shall not exceed one foot vertical to three feet horizontal except as provided in Subsection c11(f) below;
(d)
Topsoil shall be restored in approximately the same quality and quantity existing at the time the resource extraction operation was initiated. All topsoil removed shall be stockpiled and used for the next area to be restored, unless, it is immediately reused for reclamation that is currently underway;
(e)
Drainage flows, including direction and volume, shall be restored to the maximum extent practical to those flows existing at the time the resource extraction operation was initiated;
(f)
Any body of water created by the resource extraction operation shall have a shoreline not less than three feet above and three feet below the projected average water table elevation. The shoreline both above and below the surface water elevation shall have a slope of not less than five feet horizontal to one foot vertical. This requirement shall apply to any water body or portion of a water body created after December 5, 1994. For any water body or portion of a water body created prior to December 5, 1994 this requirement shall apply to the extent that it does not require grading of areas that have not been disturbed by mining activities. Where grading would require such disturbance, a reduction in the distance of the graded shoreline above and below the average water table elevation shall be permitted;
(g)
Slopes beyond a water body's shoreline shall be permitted at the natural angle of repose to the bottom of the pond;
(h)
All equipment, machinery and structures, except for structures that are usable for recreational purposes or any other use authorized in the area, shall be removed within six months after the resource extraction operation is terminated and restoration is completed;
(i)
Reclamation shall, to the maximum extent practical, result in the reestablishment of the vegetation association that existed prior to the extraction activity and shall include:
(1)
Stabilization of exposed areas by establishing ground cover vegetation; and
(2)
Reestablishment of the composition of the natural forest and shrub types that existed prior to the extraction activity through one of the following:
[1]
The planting of a minimum of 1,000 one-year old pitch pine seedlings or other native Pinelands tree species per acre in a random pattern;
[2]
Cluster planting of characteristic Pinelands oak species, such as blackjack oak, bear oak, chestnut oak and black oak, and shrubs such as black huckleberry, sheep laurel and mountain laurel, at a spacing sufficient to ensure establishment of these species;
[4]
The use of other planting techniques or native Pinelands species as necessary to restore the vegetation association that existed prior to the extraction activity.
(j)
The letter of credit, surety bond, or other guarantee of performance which secures restoration of each section shall be released only after the Township has determined that the requirements of Subsections c11(a) through (i) above are being met and the guarantee of performance is replaced with a maintenance guarantee for a period of two years thereafter.
d.
Resource extraction permits shall be issued for a period of two years. Nothing in this section shall be construed to prohibit any person from securing additional permits, provided that the requirements of this section are met.
§ 35-155 STORMWATER CONTROL WITHIN THE PINELANDS AREA. [1]
[1]
Editor's Note: Former Section 35-155, Stormwater Control Within the Pinelands Area, was repealed 4-17-2023 by Ord. No. 23-17-OAB. Prior history includes Ord. No. 06-10-OAB and Ord. No. 07-11-OAB.
§ 35-155.1 Scope and Purpose.
[Added 4-17-2023 by Ord. No. 23-17-OAB]
a.
Policy Statement. Flood control, groundwater recharge, erosion control and pollutant reduction shall be achieved using stormwater management measures, including green infrastructure best management practices (BMPs) and nonstructural stormwater management strategies. Green infrastructure BMPs and low impact development 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. Green infrastructure BMPs and low impact development 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 contained in this section.
b.
Purpose. The purpose of this section is to establish, within the Pinelands Area portion of Berkeley Township, minimum stormwater management requirements and controls as authorized by the Pinelands Protection Act (N.J.S.A. 13:18A-1 et seq.) and consistent with the Pinelands Comprehensive Management Plan (CMP) (N.J.A.C. 7:50-1.1 et seq.) and the New Jersey Department of Environmental Protection (NJDEP) Stormwater Management Regulations (N.J.A.C. 7:8-1.1 et seq.). The standards in this section are intended to minimize the adverse impact of stormwater runoff on water quality and water quantity, to facilitate groundwater recharge, and to control and minimize soil erosion, stream channel erosion, sedimentation and pollution associated with stormwater runoff. Moreover, Pinelands Area resources are to be protected in accordance with the antidegradation policies contained in the New Jersey Surface Water Quality Standards (N.J.A.C. 7:9B-1.1 et seq.). Additionally, this section is intended to ensure the adequacy of existing and proposed culverts and bridges and to protect public safety through the proper design and operation of stormwater BMPs. If there are any conflicts between a provision required by the Pinelands CMP and a provision required by the NJDEP, the Pinelands CMP provision shall apply.
c.
Applicability.
1.
The terms "development," "major development" and "minor development" are defined in Subsection 35-155.2 in accordance with the Pinelands CMP (N.J.A.C. 7:50-2.11) and differ from the definitions of "development" and "major development" contained in the NJDEP Stormwater Management Regulations (N.J.A.C. 7:8-1.2).
2.
This section shall apply within the Pinelands Area to all major development, and to minor development meeting the following criteria:
(a)
Development involving the construction of four or fewer dwelling units;
(b)
Development involving any non-residential use and resulting in an increase of greater than 1,000 square feet of regulated motor vehicle surfaces; and
(c)
Development involving the grading, clearing, or disturbance of an area in excess of 5,000 square feet within any five-year period. For development meeting this criterion, the stormwater management standards for major development set forth in this section shall apply.
3.
This section shall apply to all development meeting the criteria of paragraph c2 above that is undertaken by Berkeley Township.
d.
Compatibility with Other Permit and Ordinance Requirements.
1.
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.
2.
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.
3.
In the event that a regional stormwater management plan(s) is prepared and formally adopted pursuant to N.J.A.C. 7:8-1.1 et seq. for any drainage area(s) or watershed(s) of which Berkeley Township is a part, the stormwater provisions of such a plan(s) shall be adopted by Berkeley Township within one year of the adoption of a Regional Stormwater Management Plan (RSWMP) as an amendment to an Areawide Water Quality Management Plan. Local ordinances proposed to implement the RSWMP shall be submitted to the Pinelands Commission for certification within six months of the adoption of the RSWMP per N.J.A.C. 7:8 and the Pinelands CMP.
§ 35-155.2 Definitions.
[Added 4-17-2023 by Ord. No. 23-17-OAB]
For the purpose of this section, the following terms, phrases, words and their derivations shall have the meanings stated herein unless their use in the text of this 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 the corresponding definitions in the NJDEP Stormwater Management Rules at N.J.A.C. 7:8-1.2 unless otherwise defined in the Pinelands CMP at N.J.A.C. 7:50-2.11 in which case the definition corresponds to the CMP definition.
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.
An agency designated by the County Commissioners to review municipal stormwater management plans and implementing ordinance(s). The county review agency may either be:
A person professionally qualified and duly licensed in New Jersey to perform engineering services that may include, but not necessarily be limited to, development of project requirements, creation and development of project design and preparation of drawings and specifications.
The change of or enlargement of any use or disturbance of any land, the performance of any building or mining operation, the division of land into two or more parcels, and the creation or termination of rights of access or riparian rights, including, but not limited to:
A change in type of use of a structure or land;
A reconstruction, alteration of the size, or material change in the external appearance of a structure or land;
A material increase in the intensity of use of land, such as an increase in the number of businesses, manufacturing establishments, offices or dwelling units in a structure or on land;
Commencement of resource extraction or drilling or excavation on a parcel of land;
Demolition of a structure or removal of trees;
Commencement of forestry activities;
Deposit of refuse, solid or liquid waste or fill on a parcel of land;
In connection with the use of land, the making of any material change in noise levels, thermal conditions, or emissions of waste material; and
Alteration, either physically or chemically, of a shore, bank, or flood plain, seacoast, river, stream, lake, pond, wetlands or artificial body of water.
In the case of development on agricultural land, i.e., lands use for an agricultural use or purpose as defined at N.J.A.C. 7:50-2.11, 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 runoff, sediments, or dissolved materials drain to a particular receiving waterbody or to a particular point along a receiving waterbody.
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 NJDEP Landscape Project as approved by the NJDEP 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:
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 NJDEP 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.
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.
An area within which water drains to a particular receiving surface water body, also known as a "subwatershed," which is identified by an eleven-digit hydrologic unit boundary designation, delineated within New Jersey by the United States Geological Survey.
Any surface that has been compacted or covered with a layer of material so that it prevents, impedes or slows infiltration or absorption of fluid, including stormwater directly into the ground, and results in either reduced groundwater recharge or increased stormwater runoff sufficient to be classified as impervious in Urban Areas by the United States Department of Agriculture, Natural Resources Conservation Service Title 210 - Engineering, 210-3-1 - Small Watershed Hydrology (WINTR-55) Version 1.0, incorporated herein by reference, as amended and supplemented, available with user guide and tutorials at http://www.wsi.nrcs.usda.gov/products/W2Q/H&H/Tools_Models/WinTr55.html or at Natural Resources Conservation Service, 220 Davidson Avenue, Somerset, NJ 08873. Such surfaces may have varying degrees of permeability.
Is the process by which water seeps into the soil from precipitation.
Any division of land into five or more lots; any construction or expansion of any housing development of five or more dwelling units; any construction or expansion of any commercial or industrial use or structure on a site of more than three acres; or any grading, clearing or disturbance of an area in excess of 5,000 square feet.
All development other than 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.
The manual maintained by the NJDEP providing, in part, design specifications, removal rates, calculation methods, and soil testing procedures approved by the NJDEP as being capable of contributing to the achievement of the stormwater management standards specified in this section. The BMP Manual is periodically amended by the NJDEP 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 NJDEP's determination as to the ability of that best management practice to contribute to compliance with the standards contained in this section. Alternative stormwater management measures, removal rates, or calculation methods may be utilized, subject to any limitations specified in this section, provided the design engineer demonstrates to the municipality, in accordance with Subsection 35-155.3f 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 section.
A chemical element or compound, such as nitrogen or phosphorus, which is essential to and promotes the development of organisms.
The rate at which water moves through a unit area of soil, rock, or other material at hydraulic gradient of one.
An individual, corporation, public agency, business trust, partnership, association, two or more persons having a joint or common interest, or any other legal entity.
Any dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, refuse, oil, grease, sewage sludge, munitions, chemical wastes, biological materials, medical wastes, radioactive substance [except those regulated under the Atomic Energy Act of 1954, as amended (42 U.S.C. § 2011 et seq.)], thermal waste, wrecked or discarded equipment, rock, sand, cellar dirt, industrial, municipal, agricultural, and construction waste or runoff, or other residue discharged directly or indirectly to the land, ground waters or surface waters of the State, or to a domestic treatment works. "Pollutant" includes both hazardous and nonhazardous pollutants.
The amount of water from precipitation that infiltrates into the ground and is not evapotranspired.
Any of the following, alone or in combination:
A net increase in motor vehicle surface; and/or
The total 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, where the water quality treatment will be modified or removed.
The level below the natural surface of the ground to which water seasonally rises in the soil in most years.
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 development is to occur or has occurred.
All unconsolidated mineral and organic material of any origin.
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.
Water resulting from precipitation (including rain and snow) that runs off the land's surface, is transmitted to the subsurface, or is captured by separate storm sewers or other sewage or drainage facilities, or conveyed by snow removal equipment.
An excavation or embankment and related areas designed to retain stormwater runoff. A stormwater management BMP may either be normally dry (that is, a detention basin or infiltration system), retain water in a permanent pool (a retention basin), or be planted mainly with wetland vegetation (most constructed stormwater wetlands).
Any practice, technology, process, program, or other method intended to control or reduce stormwater runoff and associated pollutants, or to induce or control the infiltration or groundwater recharge of stormwater or to eliminate illicit or illegal non-stormwater discharges into stormwater conveyances.
Water flow on the surface of the ground or in storm sewers, resulting from precipitation.
The ocean and its estuaries, all springs, streams, wetlands, and bodies of surface water or groundwater, whether natural or artificial, within the boundaries of the State of New Jersey or subject to its jurisdiction.
An area within 300 feet of any wetland.
Lands which are inundated or saturated by water at a magnitude, duration and frequency sufficient to support the growth of hydrophytes. Wetlands include lands with poorly drained or very poorly drained soils as designated by the National Cooperative Soils Survey of the Soil Conservation Service of the United States Department of Agriculture. Wetlands include coastal wetlands and inland wetlands, including submerged lands. The "New Jersey Pinelands Commission Manual for Identifying and Delineating Pinelands Area Wetlands—a Pinelands Supplement to the Federal Manual for Identifying and Delineating Jurisdictional Wetlands," dated January 1991, as amended, may be utilized in delineating the extent of wetlands based on the definitions of wetlands and wetlands soils contained in N.J.A.C. 7:50-2.11, 7:50-6.3, 7:50-6.4 and 7:50-6.5.
§ 35-155.3 Stormwater Management Requirements.
[Added 4-17-2023 by Ord. No. 23-17-OAB; amended 5-20-2024 by Ord. No. 24-19-OA]
a.
Stormwater management measures for development regulated under this section shall be designed to provide erosion control, groundwater recharge, stormwater runoff quantity control and stormwater runoff quality treatment in accordance with this section.
1.
Major development shall meet the minimum design and performance standards for erosion control established under the Soil Erosion and Sediment Control Act, N.J.S.A. 4:24-39 et seq., and implementing rules at N.J.A.C. 2:90 and 16:25A.
b.
All development regulated under this section shall incorporate a maintenance plan for the stormwater management measures in accordance with Subsection 35-155.9.
c.
Stormwater management measures shall avoid adverse impacts of concentrated flow on habitat for threatened and endangered species in accordance with N.J.A.C. 7:8-5.2(c) and N.J.A.C. 7:50-6.27 and 7:50-6.33.
d.
Tables 1, 2, and 3 below summarize the ability of stormwater best management practices identified and described in the New Jersey Stormwater BMP Manual to satisfy the green infrastructure, groundwater recharge, stormwater runoff quality and stormwater runoff quantity standards specified in Subsection 35-155.3n, o, p, and q. When designed in accordance with the most current version of the New Jersey Stormwater BMP Manual and this section, the stormwater management measures found 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 BMP Manual 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 NJDEP 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 NJDEP website at:
https://dep.nj.gov/stormwater/bmp-manual/.
e.
Where the BMP tables at N.J.A.C. 7:8-5.2(f) differ with Tables 1, 2 and 3 below due to amendment, the BMP Tables at N.J.A.C. 7:8-5.2(f) shall take precedence, except that in all cases the lowest point of infiltration must maintain a minimum separation of two feet to seasonal high water table as required by Subsection 35-155.3h2 unless otherwise noted.
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) 2(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(a) | 80% | Yes | Yes | 2 |
Vegetative filter strip | 60% to 80% | No | No | — |
Table 2: Green Infrastructure BMPs for Stormwater Runoff Quantity (or for Groundwater Recharge and/or Stormwater Runoff Quality with a 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 | 2(i) |
Wet pond(d) | 50% to 90% | Yes | No | 2(i) |
Table 3: BMPs for Groundwater Recharge, Stormwater Runoff Quality, and/or Stormwater Runoff Quantity only with a 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 | 2 |
Manufactured treatment device(h) | 50% or 80% | No | No | Dependent upon the device |
Sand filter(c) | 80% | Yes | No | 2 |
Subsurface gravel wetland | 90% | No | No | 2 |
Wet pond | 50% to 90% | Yes | No | 2(i) |
Footnotes to Tables 1, 2, and 3: | |
|---|---|
(a) | Subject to the applicable contributory drainage area limitation specified at Subsection 35-155.3n2. |
(b) | Designed to infiltrate into the subsoil. |
(c) | Designed with underdrains, where stormwater percolates into the underdrain through the soils and is not directed to the underdrain by an outlet control structure. |
(d) | Designed to maintain at least a ten-foot-wide area of native vegetation along at least 50% of the shoreline and to include a stormwater runoff retention component designed to capture stormwater runoff for beneficial reuse, such as irrigation. |
(e) | Designed with a slope of less than 2%. |
(f) | Designed with a slope of equal to or greater than 2%. |
(g) | Manufactured treatment devices that meet the definition of "green infrastructure" at Subsection 35-155.2. |
(h) | Manufactured treatment devices that do not meet the definition of "green infrastructure" at Subsection 35-155.2. |
(i) | The top elevation of the impermeable layer or liner must maintain this two-foot minimum separation to the seasonal high water table. |
f.
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 NJDEP and the Pinelands Commission in accordance with § 35-155.5b. Alternative stormwater management measures may be used to satisfy the requirements at Subsection 35-155.3n only if the measures meet the definition of "green infrastructure" at Subsection 35-155.2. Alternative stormwater management measures that function in a similar manner to a BMP listed at Subsection 35-155.3n2 are subject to the contributory drainage area limitation specified at Subsection 35-155.3n2 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 35-155.3n2 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 Subsection 35-155.10 is granted from Subsection 35-155.3n.
g.
Hydraulic Impacts.
1.
For all major development, groundwater mounding analysis shall be required for purposes of assessing the hydraulic impacts of mounding of the water table resulting from infiltration of stormwater runoff from the maximum storm designed for infiltration. The mounding analysis shall provide details and supporting documentation on the methodology used. Groundwater mounds shall not cause stormwater or groundwater to breakout to the land surface or cause adverse impacts to adjacent water bodies, wetlands, or subsurface structures, including, but not limited to, basements and septic systems. Where the mounding analysis identifies adverse impacts, the stormwater management measure shall be redesigned or relocated, as appropriate.
2.
For all applicable minor development, a design engineer's certification that each green infrastructure stormwater management measure will not adversely impact basements or septic systems of the proposed development shall be required.
h.
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; wetland transition areas; 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 designed to infiltrate stormwater shall be designed, constructed, and maintained to provide a minimum separation of at least two feet between the elevation of the lowest point of infiltration and the seasonal high water table;
3.
Stormwater management measures designed to infiltrate stormwater shall be sited in suitable soils verified by testing to have permeability rates between one inch and 20 inches per hour. A factor of safety of two shall be applied to the soil's permeability rate in determining the infiltration measure's design permeability rate. If such soils do not exist on the parcel proposed for development or if it is demonstrated that it is not practical for engineering, environmental, or safety reasons to site the stormwater infiltration measure(s) in such soils, the stormwater infiltration measure(s) may be sited in soils verified by testing to have permeability rates in excess of 20 inches per hour, provided that stormwater is routed through a bioretention system prior to infiltration. Said bioretention system shall be designed, installed, and maintained in accordance with the New Jersey Stormwater BMP Manual;
4.
The use of stormwater management measures that are smaller in size and distributed spatially throughout a parcel, rather than the use of a single, larger stormwater management measure shall be required;
5.
Methods of treating stormwater prior to entering any stormwater management measure shall be incorporated into the design of the stormwater management measure to the maximum extent practical;
6.
To avoid sedimentation that may result in clogging and reduction of infiltration capability and to maintain maximum soil infiltration capacity, the construction of stormwater management measures that rely upon infiltration shall be managed in accordance with the following standards:
(a)
No stormwater management measure shall be placed into operation until its drainage area has been completely stabilized. Instead, upstream runoff shall be diverted around the measure and into separate, temporary stormwater management facilities and sediment basins. Such temporary facilities and basins shall be installed and utilized for stormwater management and sediment control until stabilization is achieved in accordance with N.J.A.C. 2:90;
(b)
If, for engineering, environmental, or safety reasons, temporary stormwater management facilities and sediment basins cannot be constructed on the parcel in accordance with paragraph h6(a) above, the stormwater management measure may be placed into operation prior to the complete stabilization of its drainage area provided that the measure's bottom during this period is constructed at a depth at least two feet higher than its final design elevation. When the drainage area has been completely stabilized, all accumulated sediment shall be removed from the stormwater management measure, which shall then be excavated to its final design elevation; and
(c)
To avoid compacting the soils below a stormwater management measure designed to infiltrate stormwater, no heavy equipment, such as backhoes, dump trucks, or bulldozers shall be permitted to operate within the footprint of the stormwater management measure. All excavation required to construct a stormwater management measure that relies on infiltration shall be performed by equipment placed outside the footprint of the stormwater management measure. If this is not possible, the soils within the excavated area shall be renovated and tilled after construction is completed. Earthwork associated with stormwater management measure construction, including excavation, grading, cutting, or filling, shall not be performed when soil moisture content is above the lower plastic limit;
7.
Dry wells shall be designed to prevent access by amphibian and reptiles;
8.
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 established at Subsection 35-155.3p4. For elevations higher than the water quality design storm, the parallel bars at the outlet structure shall be spaced no greater than 1/3 the width of the diameter of the orifice or 1/3 the width of the weir, with a minimum spacing between bars of one inch and a maximum spacing between bars of six inches. In addition, the design of trash racks must comply with the requirements of Subsection 35-155.7c1;
9.
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;
10.
Stormwater management BMPs shall be designed to meet the minimum safety standards for stormwater management BMPs at Subsection 35-155.7; and
11.
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.
i.
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 NJDEP. Manufactured treatment devices that do not meet the definition of "green infrastructure" at Subsection 35-155.2 may be used only under the circumstances described at Subsection 35-155.3n4.
j.
Any application for a new agricultural development that meets the definition of "major development" at N.J.A.C. 7:8-1.2 shall be submitted to the Soil Conservation District for review and approval in accordance with the requirements at Subsection 35-155.3n, o, p, and q 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.
k.
If there is more than one drainage area, the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at Subsection 35-155.3o, p, and q shall be met in each drainage area, unless the runoff from the drainage areas converge onsite and no adverse environmental impact would occur as a result of compliance with any one or more of the individual standards being determined utilizing a weighted average of the results achieved for that individual standard across the affected drainage areas.
l.
Any stormwater management measure authorized under the municipal stormwater management plan or this section shall be reflected in a deed notice recorded in the Ocean 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 Subsection 35-155.3n, o, p, and q and shall identify the location of the stormwater management measure(s) in NAD 1983 State Plane New Jersey FIPS 2900 US Feet or Latitude and Longitude in decimal degrees. The deed notice shall also reference the maintenance plan required to be recorded upon the deed pursuant to Subsection 35-155.9b5. Prior to the commencement of construction, proof that the above required deed notice has been filed shall be submitted to the municipality. Proof that the required information has been recorded on the deed shall be in the form of either a copy of the complete recorded document or a receipt from the Clerk or other proof of recordation provided by the recording office. However, if the initial proof provided to the municipality is not a copy of the complete recorded document, a copy of the complete recorded document shall be provided to the municipality within 180 calendar days of the authorization granted by the municipality.
m.
A stormwater management measure approved under the municipal stormwater management plan or this section 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 contained in Subsection 35-155.3n, o, p, and q 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 Ocean 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 paragraph 1 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 paragraph 1 above.
n.
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 of this section.
2.
To satisfy the groundwater recharge and stormwater runoff quality standards at Subsection 35-155.3o and p, the design engineer shall utilize BMPs identified in Table 1 at Subsection 35-155.3e and/or an alternative stormwater management measure approved in accordance with Subsection 35-155.3f. The following green infrastructure BMPs are subject to the following maximum contributory drainage area limitations:
Best Management Practice | Maximum Contributory Drainage Area (acres) |
|---|---|
Dry well | 1 |
Manufactured treatment device | 2.5 |
Pervious pavement system | Area of additional inflow cannot exceed 3 times the area occupied by the BMP |
Small-scale bioretention systems | 2.5 |
Small-scale infiltration basin | 2.5 |
Small-scale sand filter | 2.5 |
4.
If a variance in accordance with Subsection 35-155.10 is granted from the requirements of this subsection, then BMPs from Table 1, 2, or 3 at Subsection 35-155.3e and/or an alternative stormwater management measure approved in accordance with Subsection 35-155.3f may be used to meet the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at Subsection 35-155.3o, p, and q.
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 Subsection 35-155.30, p, and q.
o.
Groundwater Recharge Standards.
1.
This subsection contains the minimum design and performance standards for groundwater recharge as follows.
2.
For all major development, the total runoff volume generated from the net increase in impervious surfaces by the current ten-year, 24-hour storm, as defined and determined in Subsection 35-155.4h, shall be retained and infiltrated onsite.
3.
For minor development that involves the construction of four or fewer dwelling units, the runoff generated from the total roof area of the dwelling(s) by the current ten-year, 24-hour storm, as defined and determined in Subsection 35-155.4h, shall be retained and infiltrated through installation of one or more green infrastructure stormwater management measures designed in accordance with the New Jersey Stormwater BMP Manual. Appropriate green infrastructure stormwater management measures include, but are not limited to dry wells, pervious pavement systems, and small scale bioretention systems, including rain gardens.
4.
For minor development that involves any nonresidential use and will result in an increase of greater than 1,000 square feet of regulated motor vehicle surfaces, the water quality design storm volume generated from these surfaces shall be recharged onsite.
5.
Stormwater from areas of high pollutant loading and/or industrial stormwater exposed to source material shall only be recharged in accordance with Subsection 35-155.3p8.
p.
Stormwater Runoff Quality Standards.
1.
This subsection contains the minimum design and performance standards to control stormwater runoff quality impacts of:
(a)
Major development;
(b)
Minor development that involves any nonresidential use and will result in an increase of greater than 1,000 square feet of regulated motor vehicle surfaces; and
(c)
Any development involving the grading, clearing, or disturbance of an area in excess of 5,000 square feet within any five-year period.
2.
Stormwater management measures shall be designed to reduce the post-construction load of total suspended solids (TSS) in stormwater runoff generated from the water quality design storm established at Subsection 35-155.3p4 as follows:
(a)
Eighty percent TSS removal of the anticipated load, expressed as an annual average shall be achieved for the stormwater runoff from the net increase of motor vehicle surface.
(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 paragraph p2 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 | 0.0083 | 45 | 0.2 | 85 | 1.117 |
6 | 0.00996 | 46 | 0.2117 | 86 | 1.1236 |
7 | 0.01162 | 47 | 0.2233 | 87 | 1.1302 |
8 | 0.01328 | 48 | 0.235 | 88 | 1.1368 |
9 | 0.01494 | 49 | 0.2466 | 89 | 1.1434 |
10 | 0.0166 | 50 | 0.2583 | 90 | 1.15 |
11 | 0.01828 | 51 | 0.2783 | 91 | 1.155 |
12 | 0.01996 | 52 | 0.2983 | 92 | 1.16 |
13 | 0.02164 | 53 | 0.3183 | 93 | 1.165 |
14 | 0.02332 | 54 | 0.3383 | 94 | 1.17 |
15 | 0.025 | 55 | 0.3583 | 95 | 1.175 |
16 | 0.03 | 56 | 0.4116 | 96 | 1.18 |
17 | 0.035 | 57 | 0.465 | 97 | 1.185 |
18 | 0.04 | 58 | 0.5183 | 98 | 1.19 |
19 | 0.045 | 59 | 0.5717 | 99 | 1.195 |
20 | 0.05 | 60 | 0.625 | 100 | 1.2 |
21 | 0.055 | 61 | 0.6783 | 101 | 1.205 |
22 | 0.06 | 62 | 0.7317 | 102 | 1.21 |
23 | 0.065 | 63 | 0.785 | 103 | 1.215 |
24 | 0.07 | 64 | 0.8384 | 104 | 1.22 |
25 | 0.075 | 65 | 0.8917 | 105 | 1.225 |
26 | 0.08 | 66 | 0.9117 | 106 | 1.2267 |
27 | 0.085 | 67 | 0.9317 | 107 | 1.2284 |
28 | 0.09 | 68 | 0.9517 | 108 | 1.23 |
29 | 0.095 | 69 | 0.9717 | 109 | 1.2317 |
30 | 0.1 | 70 | 0.9917 | 110 | 1.2334 |
31 | 0.1066 | 71 | 1.0034 | 111 | 1.2351 |
32 | 0.1132 | 72 | 1.015 | 112 | 1.2367 |
33 | 0.1198 | 73 | 1.0267 | 113 | 1.2384 |
34 | 0.1264 | 74 | 1.0383 | 114 | 1.24 |
35 | 0.133 | 75 | 1.05 | 115 | 1.2417 |
36 | 0.1396 | 76 | 1.0568 | 116 | 1.2434 |
37 | 0.1462 | 77 | 1.0636 | 117 | 1.245 |
38 | 0.1528 | 78 | 1.0704 | 118 | 1.2467 |
39 | 0.1594 | 79 | 1.0772 | 119 | 1.2483 |
40 | 0.166 | 80 | 1.084 | 120 | 1.25 |
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 post-construction nutrient load of the anticipated load from the developed site in stormwater runoff generated from the water quality design storm established at Subsection 35-155.3p4. In achieving reduction of nutrients to the maximum extent feasible, the design of the site shall include green infrastructure BMPs that optimize nutrient removal while still achieving the performance standards in Subsection 35-155.3o, p, and q.
7.
For all major development, stormwater management measures shall be designed to achieve a minimum of 65% reduction of the post-construction total nitrogen load from the developed site, including those permanent lawn or turf areas that are specifically intended for active human use as described at N.J.A.C. 7:50-6.24(c)3, in stormwater runoff generated from the water quality design storm established at Subsection 35-155.3p4. In achieving a minimum 65% reduction of total nitrogen, the design of the site shall include green infrastructure in accordance with the New Jersey Stormwater BMP Manual and shall optimize nutrient removal. The minimum 65% total nitrogen reduction may be achieved by using a singular stormwater management measure or multiple stormwater management measures in series.
8.
In high pollutant loading areas (HPLAs) and/or areas where stormwater runoff is exposed to source material, as defined in Subsection 35-155.2, the following additional water quality standards shall apply:
(a)
The areal extent and amount of precipitation falling directly on or flowing over HPLAs and/or areas where stormwater is exposed to source material shall be minimized through the use of roof covers, canopies, curbing or other physical means to the maximum extent practical in order to minimize the quantity of stormwater generated from HPLA areas and areas where stormwater runoff is exposed to source material;
(b)
The stormwater runoff originating from HPLAs and/or areas where stormwater runoff is exposed to source material shall be segregated and prohibited from comingling with stormwater runoff originating from the remainder of the parcel unless it is first routed through one or more stormwater management measures required at paragraph p8(c) below;
(c)
The stormwater runoff from HPLAs and/or areas where stormwater runoff is exposed to source material shall incorporate stormwater management measures designed to reduce the post-construction load of TSS by at least 90% in stormwater runoff generated from the water quality design storm established at Subsection 35-155.3p4 using one or more of the measures identified at paragraph p8(c)(1) or (2) below. In meeting this requirement, the minimum 90% removal of total suspended solids may be achieved by utilizing multiple stormwater management measures in series:
(1)
Any measure designed in accordance with the New Jersey Stormwater BMP Manual to remove total suspended solids. Any such measure must be constructed to ensure that the lowest point of infiltration within the measure maintains a minimum of two feet of vertical separation from the seasonal high-water table; and
(2)
Other measures certified by the NJDEP, including a Media Filtration System manufactured treatment device with a minimum 80% removal of total suspended solids as verified by the New Jersey Corporation for Advanced Technology; and
(d)
If the potential for contamination of stormwater runoff by petroleum products exists onsite, prior to being conveyed to the stormwater management measure required at paragraph p8(c) above, the stormwater runoff from the HPLAs and areas where stormwater runoff is exposed to source material shall be conveyed through an oil/grease separator or other equivalent manufactured filtering device providing for the removal of petroleum hydrocarbons. The applicant shall provide the review agency with sufficient data to demonstrate acceptable performance of the device.
9.
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.
10.
Pursuant to the Flood Hazard Area Control Act Rules at N.J.A.C. 7:13-11.2(j)3i, runoff from the water quality design storm that is discharged within a 300-foot riparian zone shall be treated in accordance with this subsection to reduce the post-construction load of total suspended solids by 95% of the anticipated load from the developed site, expressed as an annual average.
q.
Stormwater Runoff Quantity Standards.
1.
This subsection contains the minimum design and performance standards to control stormwater runoff quantity impacts related to applicable major and minor development.
2.
In order to control stormwater runoff quantity impacts, the design engineer shall, using the assumptions and factors for stormwater runoff calculations at Subsection 35-155.4, complete one of the following:
(a)
Demonstrate through hydrologic and hydraulic analysis that for stormwater leaving the site, post-construction runoff hydrographs for the current and projected two-, ten-, and 100-year storm events, as defined and determined in Subsection 35-155.4h and i, do not exceed, at any point in time, the pre-construction runoff hydrographs for the same storm events;
(b)
Demonstrate through hydrologic and hydraulic analysis that there is no increase, as compared to the pre-construction condition, in the peak runoff rates of stormwater leaving the site for the current and projected two-, ten- and 100-year storm events, as defined and determined in Subsection 35-155.4h and i, 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 post-construction peak runoff rates for the current and projected two-, ten- and 100-year storm events, as defined and determined in Subsection 35-155.4h and i, are 50%, 75% and 80%, respectively, of the pre-construction peak runoff rates. The percentages apply only to the post-construction stormwater runoff that is attributable to the portion of the site on which the proposed development or project is to be constructed; or
(d)
In tidal flood hazard areas, stormwater runoff quantity analysis in accordance with paragraphs g2(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.
There shall be no direct discharge of stormwater runoff from any point or nonpoint source to any wetland, wetlands transition area, or surface waterbody. In addition, stormwater runoff shall not be directed in such a way as to increase the volume and rate of discharge into any wetlands, wetlands transition area, or surface water body from that which existed prior to development of the parcel.
5.
To the maximum extent practical, there shall be no direct discharge of stormwater runoff onto farm fields to protect farm crops from damage due to flooding, erosion, and long-term saturation of cultivated crops and cropland.
r.
As-built requirements for major development are as follows:
1.
After all construction activities have been completed on the parcel and finished grade has been established in each stormwater management measure designed to infiltrate stormwater, replicate post-development permeability tests shall be conducted to determine if as-built soil permeability rates are consistent with design permeability rates. The results of such tests shall be submitted to the municipal engineer or other appropriate reviewing engineer. If the results of the post-development permeability tests fail to achieve the minimum required design permeability rate, utilizing a factor of safety of two, the stormwater management measure shall be renovated and re-tested until the required permeability rates are achieved; and
2.
After all construction activities and required testing have been completed on the parcel, as-built plans, including as-built elevations of all stormwater management measures shall be submitted to the Municipal Engineer or other appropriate reviewing engineer to serve as a document of record. Based upon that engineer's review of the as-built plans, all corrections or remedial actions deemed necessary due to the failure to comply with design standards and/or for any reason concerning public health or safety, shall be completed by the applicant. In lieu of review by the Municipal Engineer, the municipality may engage a licensed professional engineer to review the as-built plans and charge the applicant for all costs associated with such review.
§ 35-155.4 Calculation of Stormwater Runoff and Groundwater Recharge.
[Added 4-17-2023 by Ord. No. 23-17-OAB; amended 5-20-2024 by Ord. No. 24-19-OA]
a.
Stormwater runoff shall be calculated by the design engineer using 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, except that the Rational Method for peak flow and the Modified Rational Method for hydrograph computations shall not be used. 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://directives.sc.egov.usda.gov/viewerFS.aspx?hid=21422 or at United States Department of Agriculture Natural Resources Conservation Service, New Jersey.
b.
In calculating stormwater runoff using the NRCS methodology, the appropriate twenty-four-hour rainfall depths as developed for the parcel by the National Oceanic and Atmospheric Administration, https://hdsc.nws.noaa.gov/hdsc/pfds/pfds_map_cont.html?bkmrk=nj, shall be utilized.
c.
For the purpose of calculating curve numbers and groundwater recharge, there is a presumption that the pre-construction condition of a site or portion thereof is a wooded land use with good hydrologic condition. The term "curve number" applies to the NRCS methodology at paragraph a above. A curve number or a groundwater recharge land cover for an existing condition may be used on all or a portion of the site if the design engineer verifies that the hydrologic condition has existed on the site or portion of the site for at least five years without interruption prior to the time of application. If more than one land cover has existed on the site during the five years immediately prior to the time of application, the land cover with the lowest runoff potential shall be used for the computations. In addition, there is the presumption that the site is in good hydrologic condition (if the land use type is pasture, lawn, or park), with good cover (if the land use type is woods), or with good hydrologic condition and conservation treatment (if the land use type is cultivation).
d.
In computing pre-construction stormwater runoff, the design engineer shall account for all significant land features and structures, such as ponds, wetlands, depressions, hedgerows, or culverts, that may reduce pre-construction stormwater runoff rates and volumes.
e.
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.
f.
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.
g.
Groundwater recharge may be calculated in accordance with 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.
h.
The precipitation depths of the current two-, ten-, and 100-year storm events shall be determined by multiplying the values determined in accordance with paragraphs h1 and h2 below:
1.
The applicant shall utilize the National Oceanographic and Atmospheric Administration (NOAA), National Weather Service's Atlas 14 Point Precipitation Frequency Estimates: NJ, in accordance with the location(s) of the drainage area(s) of the site. This data is available at:
https://hdsc.nws.noaa.gov/hdsc/pfds/pfds_map_cont.html?bkmrk=nj; and
2.
The applicant shall utilize Table 5: Current Precipitation Adjustment Factors below, which sets forth the applicable multiplier for the drainage area(s) of the site, in accordance with the county or counties where the drainage area(s) of the site is located. Where the major development lies in more than one county, the precipitation values shall be adjusted according to the percentage of the drainage area in each county. Alternately, separate rainfall totals can be developed for each county using the values in the table below.
Table 5: Current Precipitation Adjustment Factors | |||
|---|---|---|---|
County | Current Precipitation Adjustment Factors | ||
2-year Design Storm | 10-year Design Storm | 100-year Design Storm | |
Ocean | 1.00 | 1.01 | 1.03 |
i.
Table 6: Future Precipitation Change Factors provided below sets forth the change factors to be used in determining the projected two-, ten-, and 100-year storm events for use in this chapter, which are organized alphabetically by county. The precipitation depth of the projected two-, ten-, and 100-year storm events of a site shall be determined by multiplying the precipitation depth of the two-, ten-, and 100-year storm events determined from the National Weather Service's Atlas 14 Point Precipitation Frequency Estimates pursuant to paragraph h1 above, by the change factor in the table below, in accordance with the county or counties where the drainage area(s) of the site is located. Where the major development and/or its drainage area lies in more than one county, the precipitation values shall be adjusted according to the percentage of the drainage area in each county. Alternately, separate rainfall totals can be developed for each county using the values in the table below.
Table 6: Future Precipitation Change Factors | |||
|---|---|---|---|
County | Future Precipitation Change Factors | ||
2-year Design Storm | 10-year Design Storm | 100-year Design Storm | |
Ocean | 1.18 | 1.19 | 1.24 |
§ 35-155.5 Sources for Technical Guidance.
[Added 4-17-2023 by Ord. No. 23-17-OAB; amended 5-20-2024 by Ord. No. 24-19-OA]
a.
Technical guidance for stormwater management measures can be found in the documents listed below, which are available to download from the NJDEP's website at:
https://dep.nj.gov/stormwater/bmp-manual/.
1.
Guidelines for stormwater management measures are contained in the New Jersey Stormwater BMP 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 of Subsection 35-155.3e. The New Jersey Stormwater BMP Manual may be utilized as a guide in determining the extent to which stormwater management activities and measures meet the standards of this section.
2.
Additional maintenance guidance is available on the NJDEP's website at: https://dep.nj.gov/stormwater/maintenance-guidance/.
b.
Submissions.
1.
Submissions required for review by the NJDEP should be mailed to: The Division of Watershed Protection and Restoration, New Jersey Department of Environmental Protection, Mail Code 501-02A, PO Box 420, Trenton, New Jersey 08625-0420.
2.
Submissions required for review by the Pinelands Commission should be emailed to appinfo@pinelands.nj.gov.
§ 35-155.6 Solids and Floatable Materials Control Standards.
[Added 4-17-2023 by Ord. No. 23-17-OAB]
a.
Site design features identified under Subsection 35-155.3e, or alternative designs in accordance with Subsection 35-155.3f, to prevent discharge of trash and debris from drainage systems shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets. For purposes of this paragraph, "solid and floatable materials" means sediment, debris, trash, and other floating, suspended, or settleable solids. For exemptions to this standard, see paragraph a2 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 Paragraph 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 established at Subsection 35-155.3p4 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.
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 5:21-7.4(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 established at Subsection 35-155.3p4; or
(e)
Where the NJDEP 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.
§ 35-155.7 Safety Standards for Stormwater Management Basins.
[Added 4-17-2023 by Ord. No. 23-17-OAB]
a.
This section sets forth requirements to protect public safety through the proper design and operation of stormwater management BMPs. This section applies to any new stormwater management BMP.
b.
The provisions of this section are not intended to preempt more stringent municipal or county safety requirements for new or existing stormwater management BMPs. Municipal and county stormwater management plans and ordinances may, pursuant to their authority, require existing stormwater management BMPs to be retrofitted to meet one or more of the safety standards in paragraphs c1, 2, or 3 below 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 BMP to ensure proper functioning of the BMP 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, the grate shall comply with 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 greater than two inches across the smallest dimension.
(c)
The overflow grate shall be constructed of rigid, durable, and corrosion resistant material, and shall be designed to withstand a perpendicular live loading of 300 pounds per square foot.
3.
Stormwater management BMPs shall include escape provisions as follows:
(a)
If a stormwater management BMP has an outlet structure, escape provisions shall be incorporated in or on the structure. Escape provisions include the installation of permanent ladders, steps, rungs, or other features that provide easily accessible means of egress from stormwater management BMPs. With the prior approval of the municipality pursuant to paragraph d below, a free-standing outlet structure may be exempted from this requirement;
(b)
Safety ledges shall be constructed on the slopes of all new stormwater management BMPs having a permanent pool of water deeper than 2 1/2 feet. Safety ledges shall be comprised of two steps. Each step shall be four feet to six feet in width. One step shall be located approximately 2 1/2 feet below the permanent water surface, and the second step shall be located one foot to 1 1/2 feet above the permanent water surface. See paragraph e below for an illustration of safety ledges in a stormwater management BMP; and
(c)
In new stormwater management BMPs, the maximum interior slope for an earthen dam, embankment, or berm shall not be steeper than three horizontal to one vertical.
d.
Variance or Exemption from Safety Standard. A variance or exemption from the safety standards for stormwater management BMPs may be granted only upon a written finding by the municipality that the variance or exemption will not constitute a threat to public safety.
e.
Safety Ledge Illustration.
Figure 1. Elevation View - Basin Safety Ledge Configuration  |
§ 35-155.8 Requirements for a Site Development Stormwater Plan.
[Added 4-17-2023 by Ord. No. 23-17-OAB]
a.
Submission of Site Development Stormwater Plan.
1.
Any application for major development approval shall include a Site Development Stormwater Plan containing all information required in Subsection 35-155.8c.
2.
Any application for minor development approval that is subject to this section shall include a Site Development Stormwater Plan containing all information required in Subsection 35-155.8d.
3.
The Site Development Stormwater Plan shall demonstrate that the proposed development meets the standards of this section.
4.
The Site Development Stormwater Plan shall contain comprehensive hydrologic and hydraulic design calculations for the pre-development and post-development conditions for the design storms specified in Subsection 35-155.3p4. The standards for groundwater recharge and stormwater runoff rate, volume and quality required by Subsection 35-155.3o, p, and q and shall be met using the methods, calculations and assumptions provided in Subsection 35-155.4.
5.
The application submission requirements of paragraphs a1 and 2 above shall be in addition to all other applicable application submission requirements of the municipality's land development regulations.
6.
The applicant shall submit 12 copies of the Site Development Stormwater Plan. All required engineering plans shall be in CAD Format 15 or higher, registered and rectified to NAD 1983 State Plane New Jersey FIPS 2900 US Feet or Shape Format NAD 1983 State Plane New Jersey FIPS 2900 US Feet. All other required documents shall be submitted in both paper and commonly used electronic file formats such as .pdf, word processing, database or spreadsheet files.
b.
Site Development Stormwater Plan Approval. The Site Development Stormwater Plan shall be reviewed as a part of the development review process by the municipal board or official from whom municipal approval is sought. That municipal board or official shall consult the engineer retained by the Planning and/or Zoning Board (as appropriate) to determine if all the checklist requirements have been satisfied and to determine if the project meets the standards set forth in this section.
c.
Checklist Requirements for Major Development. Any application for major development approval shall include a Site Development Stormwater Plan containing, at minimum, the following information.
1.
Topographic Base Map. The Site Development Stormwater Plan shall contain a topographic base map of the site that extends a minimum of 300 feet beyond the limits of the proposed development, at a scale of one inch equals 200 feet or greater, showing one-foot contour intervals. The map shall indicate the following: existing surface water drainage, shorelines, steep slopes, soils, highly erodible soils, perennial or intermittent streams that drain into or upstream of any Category One or Pinelands Waters, wetlands and floodplains along with any required wetlands transition areas, marshlands and other wetlands, pervious or vegetative surfaces, existing surface and subsurface human-made structures, roads, bearing and distances of property lines, and significant natural and manmade features not otherwise shown. Berkeley Township or the Pinelands Commission may require upstream tributary drainage system information as necessary.
2.
Environmental Site Analysis. The Site Development Stormwater Plan shall contain a written description along with the drawings of the natural and human-made features of the site and its environs. This description shall include:
(a)
A discussion of environmentally critical areas, soil conditions, slopes, wetlands, waterways and vegetation on the site. Particular attention shall be given to unique, unusual or environmentally sensitive features and to those features that provide particular opportunities for or constraints on development; and
(b)
Detailed soil and other environmental conditions on the portion of the site proposed for installation of any stormwater management measures, including, at a minimum:
(1)
A soils report based on onsite soil tests;
(2)
Location and spot elevations in plan view of all test pits and permeability tests;
(3)
Permeability test data and calculations;
(4)
Any other required soil or hydrogeologic data (e.g., mounding analyses results) correlated with location and elevation of each test site;
(5)
A cross-section of all proposed stormwater management measures with side-by-side depiction of soil profile drawn to scale and seasonal high water table elevation identified; and
(6)
Any other information necessary to demonstrate the suitability of the specific proposed stormwater management measures relative to the environmental conditions on the portion(s) of the site proposed for implementation of those measures.
3.
Project description and site plan(s). The Site Development Stormwater Plan shall contain a map (or maps), at the same scale as 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. The Site Development Stormwater Plan shall contain a Land Use Planning and Source Control Plan demonstrating compliance with the erosion control, groundwater recharge, stormwater runoff quantity control and stormwater quality treatment required by this section. This shall include, but is not limited to:
(a)
Information demonstrating that the proposed stormwater management measures are able to achieve a minimum 65% reduction of the post-construction total nitrogen load, in accordance with Subsection 35-155.3p7.
(b)
Where any stormwater generated from high pollutant loading areas or where stormwater will be exposed to source material, information demonstrating that the proposed stormwater management measures are consistent with Subsection 35-155.3p8.
5.
Stormwater Management Facilities Map. The Site Development Stormwater Plan shall contain a Stormwater Management Facilities Map, at the same scale as the topographic base map, depicting the following information:
(a)
The total area to be disturbed, paved and/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 manage and recharge stormwater; and
(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 (if applicable) and emergency spillway provisions with maximum discharge capacity of each spillway.
6.
Groundwater Mounding Analysis. The Site Development Stormwater Plan shall contain a groundwater mounding analysis in accordance with Subsection 35-155.3g1.
d.
Checklist Requirements for Minor Development. Any application for minor development approval that is subject to this section shall include a Site Development Stormwater Plan, certified by a design engineer, containing, at minimum, the following information:
1.
All existing and proposed development, including limits of clearing and land disturbance.
2.
All existing and proposed lot lines.
3.
All wetlands and required wetland transition areas.
4.
The type and location of each green infrastructure stormwater management measure.
6.
A design engineer's certification that each green infrastructure stormwater management measure will not adversely impact basements or septic systems of the proposed development, in accordance with Subsection 35-155.3g2.
e.
Exception from Submission Requirements. With the exception of paragraphs c7 and d7 above, the municipality may modify or waive any required element of the Site Development Stormwater Plan, provided that sufficient information can be provided to demonstrate compliance with the standards of this section. However, application information required in accordance with the Pinelands CMP [N.J.A.C. 7:50-4.2(b)] shall be submitted to the Pinelands Commission, unless the Executive Director of the Pinelands Commission waives or modifies the application requirements.
f.
Stormwater Review Fee. In addition to the Development Review Fees listed in the Revised General Ordinances of the Township of Berkeley, Section 35-8, subdivisions and site plans requiring preliminary or final approval, and road improvement plans, that all meet the latest definition of "Major Development" per Subsection 35-155.2, Definitions, shall pay the following additional nonrefundable fee to Berkeley Township by cash, check or bank money order:
1.
Subdivision Fees.
(a)
Preliminary Approval, Major Subdivision:
Number of Lots | Fee |
|---|---|
0 to 10 | $1,500 |
11 to 24 | $1,500 + $50/lot |
25 to 100 | $2,500 + $25/lot |
101+ | $3,500 + $15/lot |
(b)
Final Approval, Major Subdivision: 1/2 of the Preliminary Major Subdivision Stormwater Review Fee, with a minimum fee of $1,500 for each submission.
(c)
Minor Subdivisions: $1,000.
2.
Site Plan Fee Schedule:
(a)
Preliminary Site Plan Application.
(1)
New nonresidential development including any alterations; additions or changes of use:
Acreage | Fee |
|---|---|
Up to 2 acres | $2,000 |
Over 2.0 acres | $2,000 + $250/acre or portion thereof for each additional acre |
(2)
Public, quasi-public and nonprofit institutions and agencies not subject to approval of other governmental agencies, churches and other similar uses:
Acreage | Fee |
|---|---|
Up to 2 acres | $500 |
Over 2.0 acres | $1,000 |
(3)
Residential dwelling units, such as multifamily development and condominium development: $100 per dwelling unit; minimum fee of $1,500.
(b)
Final Site Plan Application:
(1)
New construction:
Acreage | Fee |
|---|---|
Up to 2 acres | $1,000 |
Over 2.0 acres | $1,000 + $125/acre or portion thereof for each additional acre |
(2)
Public and quasi-public:
Acreage | Fee |
|---|---|
Up to 2 acres | $250 |
Over 2.0 acres | $500 + $125/acre or portion thereof for each additional acre |
(3)
Residential dwelling units: $75 per unit; minimum fee of $1,500.
§ 35-155.9 Maintenance and Repair.
[Added 4-17-2023 by Ord. No. 23-17-OAB]
a.
All development regulated under this section shall incorporate a maintenance plan, prepared by the design engineer, consistent with paragraph b below. Maintenance and repair shall be implemented in accordance with maintenance plan and paragraph c below.
b.
The maintenance plan shall include the following:
1.
Specific preventative maintenance tasks and schedules; cost estimates, including estimated cost of sediment, debris, or trash removal; and the name, address, and telephone number of the person or persons responsible for preventative and corrective maintenance (including replacement). The plan shall contain information on BMP location, design, ownership, maintenance tasks and frequencies, and other details as specified in Chapter 8 of the NJ BMP Manual, as well as the tasks specific to the type of BMP, as described in the applicable chapter containing design specifics.
2.
Responsibility for maintenance of stormwater management measures approved as part of an application for major development shall not be assigned or transferred to the owner or tenant of an individual property, unless such owner or tenant owns or leases the entire site subject to the major development approval. 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 the maintenance required.
3.
Responsibility for maintenance of stormwater management measures approved as part of an application for minor development may be assigned or transferred to the owner or tenant of the parcel.
4.
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.
5.
If the person responsible for maintenance identified under paragraph b1 above is not a public agency, the maintenance plan and any future revisions based on Subsection 35-155.9c2(b) shall be recorded upon the deed of record for each property on which the maintenance described in the maintenance plan must be undertaken.
6.
For all major development, the following additional standards apply:
(a)
The maintenance plan shall include accurate and comprehensive drawings of all stormwater management measures on a parcel, including the specific latitude and longitude and block/lot number of each stormwater management measure. Maintenance plans shall specify that an inspection, maintenance, and repair report will be updated and submitted annually to the municipality;
(b)
Stormwater management measure easements shall be provided by the property owner as necessary for facility inspections and maintenance and preservation of stormwater runoff conveyance, infiltration, and detention areas and facilities. The purpose of the easement shall be specified in the maintenance agreement; and
(c)
An adequate means of ensuring permanent financing of the inspection, maintenance, repair, and replacement plan shall be implemented and shall be detailed in the maintenance plan. Financing methods shall include, but not be limited to:
(1)
The assumption of the inspection and maintenance program by a municipality, county, public utility, or homeowners association;
(2)
The required payment of fees to a municipal stormwater fund in an amount equivalent to the cost of both ongoing maintenance activities and necessary structural replacements.
7.
For all minor development, maintenance plans shall be required for all stormwater management measures installed in accordance with this section and shall include, at a minimum, the following information:
c.
General Maintenance and Repair.
1.
Preventative and corrective maintenance shall be performed to maintain the function 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 non-vegetated linings.
2.
The person responsible for maintenance identified under Subsection 35-155.9b2 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 paragraphs c2(a) and (b) above.
3.
The requirements of paragraphs b2, 3, and 4 above 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.
4.
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.
d.
Nothing in this section shall preclude the municipality in which the major development is located from requiring the posting of a performance or maintenance guarantee in accordance with N.J.S.A. 40:55D-53.
§ 35-155.10 Variances.
[Added 4-17-2023 by Ord. No. 23-17-OAB]
a.
The exemptions, exceptions, applicability standards, and waivers of strict compliance contained in the NJDEP Stormwater Management Regulations at N.J.A.C. 7:8-1.1 et seq. shall not apply within the Pinelands Area except in accordance with this section.
b.
The municipal review agency may grant a variance from the design and performance standards for stormwater management measures set forth in its municipal stormwater management plan and this section, provided that:
1.
No variances shall be granted from Subsection 35-155.3q4, which prohibits the direct discharge of stormwater runoff to any wetlands, wetlands, transition area, or surface waterbody and the direction of stormwater runoff in such a way as to increase in volume and rate of discharge into any wetlands, wetlands transition area, or surface water body from that which existed prior to development of the parcel;
2.
The municipal stormwater plan includes a mitigation plan in accordance with N.J.A.C. 7:8-4.2(c)11 and N.J.A.C. 7:50-3.39(a)2viii;
3.
The applicant demonstrates that it is technically impracticable to meet any one or more of the design and performance standards on-site. For the purposes of this analysis, technical impracticability exists only when the design and performance standard cannot be met for engineering, environmental, or safety reasons. A municipality's approval of a variance shall apply to an individual drainage area and design and performance standard and shall not apply to an entire site or project, unless an applicant provides the required analysis for each drainage area within the site and each design and performance standard;
4.
The applicant demonstrates that the proposed design achieves the maximum possible compliance with the design and performance standards of this section on-site; and
5.
A mitigation project is implemented, in accordance with the following:
(a)
All mitigation projects shall be located in the Pinelands Area and in the same HUC-14 as the parcel proposed for development. If the applicant demonstrates that no such mitigation project is available, the municipality may approve a variance that provides for mitigation within the same HUC-11 as the parcel proposed for development, provided the mitigation project is located in the Pinelands Area.
(b)
The proposed mitigation project shall be consistent with the municipal stormwater management plan certified by the Pinelands Commission. If said stormwater management plan does not identify appropriate parcels or projects where mitigation may occur, the applicant may propose a mitigation project that meets the criteria in paragraph b5(a) above.
(c)
The mitigation project shall be approved no later than preliminary or final site plan approval of the major development.
(d)
The mitigation project shall be constructed prior to, or concurrently with, the development receiving the variance.
(e)
The mitigation project shall comply with the green infrastructure standards at Subsection 35-155.3n.
(f)
If the variance that resulted in the mitigation project being required is from the green infrastructure standards at Subsection 35-155.3n, then the mitigation project must use green infrastructure BMPs in Table 1 contained at Subsection 35-155.3e, and/or an alternative stormwater management measure approved in accordance with Subsection 35-155.3f that meets the definition of "green infrastructure" to manage an equivalent or greater area of impervious surface and an equivalent or greater area of motor vehicle surface as the area of the major development subject to the variance. Grass swales and vegetative filter strips may only be used in the mitigation project if the proposed project additionally includes a green infrastructure BMP other than a grass swale or vegetative filter strip. The green infrastructure used in the mitigation project must be sized to manage the water quality design storm established at Subsection 35-155.3p4, at a minimum, and is subject to the applicable contributory drainage area limitation specified at Subsection 35-155.3n2, as applicable.
(h)
A variance from the stormwater runoff quality standards at Subsection 35-155.3p may be granted if the following are met:
(1)
The total drainage area of motor vehicle surface managed by the mitigation project(s) must equal or exceed the drainage area of the area of the major development subject to the variance and must provide sufficient TSS removal to equal or exceed the deficit resulting from granting the variance for the major development; and
(2)
The mitigation project must remove nutrients to the maximum extent feasible in accordance with Subsection 35-155.3p7.
(i)
A variance from the stormwater runoff quantity standards at Subsection 35-155.3q may be granted if the following are met:
(1)
The applicant demonstrates, through hydrologic and hydraulic analysis, including the effects of the mitigation project, that the variance will not result in increased flooding damage below each point of discharge of the major development;
(2)
The mitigation project indirectly discharges to the same watercourse and is located upstream of the major development subject to the variance; and
(3)
The mitigation project provides peak flow rate attenuation in accordance with Subsection 35-155.3q2(c) for an equivalent or greater area than the area of the major development subject to the variance. For the purposes of this demonstration, equivalent includes both size of the area and percentage of impervious surface and/or motor vehicle surface.
(j)
The applicant or the entity assuming maintenance responsibility for the associated major development shall be responsible for preventive and corrective maintenance (including replacement) of the mitigation project and shall be identified as such in the maintenance plan established in accordance with Subsection 35-155.9. This responsibility is not transferable to any entity other than a public agency, in which case a written agreement with that public agency must be submitted to the review agency.
c.
Any approved variance shall be submitted by the municipal review agency to the county review agency and the NJDEP, by way of a written report describing the variance, as well as the required mitigation, within 30 days of the approval.
§ 35-155.11 Violations and Penalties.
[Added 4-17-2023 by Ord. No. 23-17-OAB]
Any person(s) who erects, constructs, alters, repairs, converts, maintains, or uses any building, structure or land in violation of this section shall be subject to the following penalties:
§ 35-157 VEGETATION.
[Ord. No. 01-21-OAB § 35]
a.
All clearing and soil disturbance activities shall be limited to that which is necessary to accommodate an activity, use or structure which is permitted by this article.
b.
Where practical, all clearing and soil disturbance activities associated with an activity, use or structure, other than agriculture, forestry and resource extraction, shall:
c.
All applications for major development shall contain a landscaping or revegetation plan that incorporates the elements set forth in Subsection d below.
d.
In order to conserve water, conserve natural features and reduce pollution from the use of fertilizers, pesticides and other soil supplements, all landscaping or revegetation plans prepared pursuant to Subsection c above or required pursuant to Subsections 35-33.2s and 35-36.2z shall incorporate the following elements:
1.
The limits of clearing shall be identified;
2.
Existing vegetation, including New Jersey's Record Trees as published by the New Jersey Department of Environmental Protection in 1991 and periodically updated, shall be incorporated into the landscape design where practical;
3.
Permanent lawn or turf areas shall be limited to those specifically intended for active human use such as play fields, golf courses and lawns associated with a residence or other principal nonresidential use. Existing wooded areas shall not be cleared and converted to lawns except when directly associated with and adjacent to a proposed structure; and
4.
Shrubs and trees authorized by N.J.A.C. 7:50-6.25 shall be used for revegetation or landscaping purposes. Other shrubs and trees may be used in the following circumstances:
(a)
When the parcel to be developed or its environs contain a predominance of shrubs and tree species not authorized by N.J.A.C. 7:50-6.25;
(b)
For limited ornamental purposes around buildings and other structures; or
(c)
When limited use of other shrubs or tree species is required for proper screening or buffering.
e.
Development Prohibited in the Vicinity of Threatened or Endangered Plants. No development shall be carried out by any person in the Pinelands Area of the Township unless it is designed to avoid irreversible adverse impacts on the survival of any local populations of threatened or endangered plants of the Pinelands designated in N.J.A.C. 7:50-6.27.
§ 35-158 WASTE MANAGEMENT.
[Ord. No. 01-21-OAB § 35]
No hazardous or toxic substances, including hazardous wastes, shall be stored, transferred, processed, discharged, disposed or otherwise used in the Pinelands Area. The land application of waste or waste-derived materials is prohibited in the Pinelands Area, except as expressly authorized in N.J.A.C. 7:50-6.79. Waste management facilities shall only be permitted in the Pinelands Area in accordance with the standards set forth in N.J.A.C. 7:50-6.
§ 35-159 WATER QUALITY.
[Ord. No. 01-21-OAB § 35; Ord. No. 05-23-OAB § 1; Ord. No. 06-17-OAB § 17; Ord. No. 06-19-OAB § 17; amended 5-20-2024 by Ord. No. 24-19-OA]
a.
General.
1.
All development permitted under this chapter shall be designed and carried out so that the quality of surface and ground water shall be protected and maintained. Agricultural use shall not be considered development for the purposes of this section.
2.
Except as specifically permitted and authorized in this section, no development shall be permitted which degrades surface or ground water quality or which establishes new point sources of pollution.
3.
No development shall be permitted which does not meet the minimum water quality and potable water standards of the State of New Jersey or the United States.
b.
Minimum Standards for Point and Nonpoint Source Discharges. The following point and nonpoint sources may be developed and operated in the Pinelands Area of the Township:
1.
Development of new or the expansion of existing commercial, industrial and waste water treatment facilities, or the development of new or the expansion of existing nonpoint sources, except those specifically regulated in Subsections b2 through 6 below, provided that;
(a)
There will be no direct discharge into any surface water body;
(b)
All discharges from the facility or use are of a quality and quantity such that ground water exiting from the parcel of land or entering a surface body of water will not exceed two parts per 1,000,000 nitrate/nitrogen;
(c)
All public wastewater treatment facilities are designed to accept and treat septage; and
(d)
All storage facilities, including ponds or lagoons, are lined to prevent leakage into ground water.
2.
Development of new wastewater treatment or collection facilities which are designed to improve the level of nitrate/nitrogen attenuation of more than one existing on-site wastewater treatment system where a public health problem has been identified may be exempted from the standards of Subsection b1(b) above provided that:
(a)
There will be no direct discharge into any surface water body;
(b)
The facility is designed only to accommodate wastewater from existing residential, commercial and industrial development;
(c)
Adherence to Subsection b1(b) above cannot be achieved due to limiting site conditions or that the costs to comply with the standard will result in excessive user fees; and
(d)
The design level of nitrate/nitrogen attenuation is the maximum possible within the cost limitations imposed by such user fee guidelines, but in no case shall ground water exiting from the parcel or entering a surface body of water exceed five parts per 1,000,000 nitrate/nitrogen.
3.
Improvements to existing commercial, industrial and wastewater treatment facilities which discharge directly into surface waters, provided that:
(a)
There is no practical alternative available that would adhere to the standards of Subsection b1(a) above;
(b)
There is no increase in the existing approved capacity of the facility; and
(c)
All discharges from the facility into surface waters are such that the nitrate/nitrogen levels of the surface waters at the discharge point do not exceed two parts per 1,000,000. In the event that nitrate/nitrogen levels in the surface waters immediately upstream of the discharge point exceed two parts per 1,000,000, the discharge shall not exceed two parts per 1,000,000 nitrate/nitrogen.
4.
Individual on-site septic wastewater treatment systems which are not intended to reduce the level of nitrate/nitrogen in the wastewater, provided that:
(a)
The proposed development to be served by the system is otherwise permitted pursuant to the provisions of this article;
(b)
The design of the system and its discharge point, and the size of the entire contiguous parcel on which the system or systems is located will ensure that ground water exiting from the entire contiguous parcel or entering a surface body of water will not exceed two parts per 1,000,000 nitrate/nitrogen, calculated pursuant to the Pinelands dilution model dated December, 1993, as amended, subject to the provisions of Subsection b4(c) below. The entire contiguous parcel may include any contiguous lands to be dedicated as open space as part of the proposed development but may not include previously dedicated road rights-of-way or any contiguous lands that have been deed restricted pursuant to Subsections 35-110.2a4, 35-110.3a4, 35-110.4a4 or § 35-150l;
(c)
Only contiguous lands located within the same zoning district and Pinelands management area as the proposed system or systems may be utilized for septic dilution purposes, except for:
(1)
The development of an individual single family dwelling on a lot existing as of January 14, 1981;
(2)
Nonresidential development on a lot of five acres or less existing as of January 14,1981;
(3)
Cluster development as permitted by N.J.A.C. 7:50-5.19; and
(4)
Development in the FA-LI Zone that may utilize Block 12, Lot 2 for septic dilution purposes.
(d)
The depth to seasonal high water table is at least five feet;
(e)
Any potable water well will be drilled and cased to a depth of at least 100 feet, unless the well penetrates an impermeable clay aquiclude, in which case the well shall be cased to at least 50 feet;
(f)
The system will be maintained and inspected in accordance with the requirements of N.J.A.C. 7:50-6.85;
(g)
The technology has been approved for use by the New Jersey Department of Environmental Protection; and
(h)
Flow values for nonresidential development shall be determined based on the values contained in N.J.A.C. 7:9A-7.4, as amended, except that number of employees may not be utilized in calculating flow values for office uses. In the event that N.J.A.C. 7:9A-7.4 does not provide flow values for a specific use, but a flow value is assigned for that use in N.J.A.C. 7:14A-23.3(a), the flow value specified in N.J.A.C. 7:14A-23.3(a) shall be used in calculating flow.
5.
Individual on-site septic wastewater treatment systems which are intended to reduce the level of nitrate/nitrogen in the wastewater, provided that:
(c)
The design of the system and its discharge point, and the size of the entire contiguous parcel on which the system or systems is located will ensure that groundwater exiting from the entire contiguous parcel or entering a surface body of water will not exceed two parts per 1,000,000 nitrate/nitrogen, calculated pursuant to the Pinelands dilution model dated December, 1993, as amended, subject to the provisions of Subsection b4(c) above and the assumptions and requirements set forth in N.J.A.C. 7:50-6.84(a)5iv. The entire contiguous parcel may include any contiguous lands to be dedicated as open space as part of the proposed development but may not include previously dedicated road rights-of-way or any contiguous lands that have been deed restricted pursuant to Subsections 35-110.2a4, 35-110.3a4, 35-110.4a4 or § 35-150l;
c.
Treatment Facility and Tank Maintenance.
1.
The owner of every on-site septic waste treatment facility shall, as soon as suitable septage disposal facility capacity is available, in accordance with the provisions of Chapter 325 of the Solid Waste Management Act, N.J.S.A. 13:1E-1 et seq. and Section 201 of the Clean Water Act:
(a)
Have the facility inspected by a technician at least once every three years;
(b)
Have the facility cleaned at least once every three years;
(c)
Once every three years submit to the Zoning Officer sworn statement that the facility has been inspected and cleaned and is functional, setting forth the name of the person who performed the inspection and cleaning and the date of such inspection.
2.
The owner of every commercial petroleum storage tank shall comply with the requirements of Chapter 102 of the Laws of 1986 (N.J.S.A. 58:10A-29).
d.
Prohibited Chemicals and Materials.
1.
Use of septic tank cleaners and waste oil is prohibited in the Pinelands Area to the extent that such use will result in direct or indirect introduction of such substances in the groundwater or any land.
2.
All storage facilities for deicing chemicals shall be lined to prevent leaking into soils and shall be covered with an impermeable surface that shields the facility from precipitation.
3.
No person shall apply any herbicide to any road or public utility right-of-way within the Pinelands Area unless necessary to protect an adjacent agricultural activity.
e.
Water Management.
1.
Water shall not be exported from the Pinelands except as otherwise provided at N.J.S.A. 58:1A-7.1.
2.
A diversion within the Pinelands Area portion of Berkeley Township that involves the interbasin transfer of water from sources within the Pinelands Area between the Atlantic Basin and the Delaware Basin, as defined at paragraph e2(a) and (b) below, or outside of either basin, shall be prohibited.
(a)
The Atlantic Basin is comprised of Watershed Management Areas 13, 14, 15, and 16, as identified by the New Jersey Department of Environmental Protection.
(b)
The Delaware Basin is comprised of Watershed Management Areas 17, 18, 19, and 20 as identified by the New Jersey Department of Environmental Protection.
3.
A diversion within the Pinelands Area portion of Berkeley Township involving the intrabasin transfer of water between HUC-11 watersheds in the same basin, Atlantic Basin or Delaware Basin as defined at paragraph e2(a) and (b) above, shall be permitted. If such an intrabasin transfer involves water sourced from the Kirkwood-Cohansey aquifer, the diversion shall meet the criteria and standards set forth at paragraph e4 below.
4.
Within the Pinelands Area portion of Berkeley Township a new diversion or an increase in allocation from either a single existing diversion source or from combined existing and new diversion sources in the same HUC-11 watershed and in the Kirkwood-Cohansey aquifer, that results in a total diversion of 50,000 gallons of water per day or more (hereafter referred to as "proposed diversion") shall meet the criteria and standards set forth at paragraph e4(c) through (f) below and the water management standards of the Pinelands Comprehensive Management Plan at N.J.A.C. 7:50-6.86(d). "Allocation" shall mean a diversion permitted pursuant to a Water Allocation Permit or Water Use Registration Number issued by the New Jersey Department of Environmental Protection pursuant to N.J.A.C. 7:19.
(a)
When evaluating whether the proposed diversion meets the criteria set forth at paragraph e4(c) through (f) below, all of the applicant's allocations in an HUC-11 watershed, in addition to the proposed diversion, shall be included in the evaluation.
(b)
The standards set forth at paragraph e4(c) through (f) below shall not apply to:
(1)
A new well that is to replace an existing well, provided the existing well is decommissioned in accordance with N.J.A.C. 7:9D-3 and the new replacement well will:
(2)
Any proposed diversion that is exclusively for agricultural or horticultural use; or
(3)
Any proposed diversion for a resource extraction operation that constitutes a nonconsumptive use, provided the water returned to the source is not discharged to a stream or waterbody or otherwise results in offsite flow, and the diversion and return are located on the same parcel.
(c)
A proposed diversion shall be permitted only in the following Pinelands Management Areas: Regional Growth Area; Rural Development Area; and Agricultural Production Area.
(d)
A proposed diversion shall only be permitted if the applicant demonstrates that no alternative water supply source is available or viable. Alternative water supply sources include, but are not limited to, groundwater and surface water sources that are not part of the Kirkwood-Cohansey aquifer, and public water purveyors and suppliers, as defined at N.J.A.C. 7:19-1.3. A list of alternative water supply sources is available at the offices of the Pinelands Commission and at https://www.nj.gov/pinelands/.
(e)
A proposed diversion shall not have an adverse ecological impact on the Kirkwood-Cohansey aquifer. Adverse ecological impact means an adverse regional impact and/or an adverse local impact, as described at N.J.A.C. 7:50-6.86(d)6 and 7, respectively. A proposed diversion deemed to have an adverse local impact in the Pinelands Area is prohibited. A proposed diversion deemed to have an adverse regional impact shall only be permitted if an applicant permanently offsets the diversion in accordance with N.J.A.C. 7:50-6.86(d)6i.
(f)
An applicant for a proposed diversion shall provide written documentation of water conservation measures that have been implemented, or that are planned for implementation, for all areas to be served by the proposed diversion. Water conservation measures are measurable efforts by public and private water system operators and local agencies to reduce water demand by users and reduce losses in the water distribution system.
§ 35-160 WETLANDS. [1]
[Ord. No. 01-21-OAB § 35; Ord. No. 2012-16-OAB § 24]
a.
Uses. No development in the Pinelands Area shall be permitted in a wetland or a wetlands transition area except for the following uses:
3.
Beekeeping.
5.
Fish and wildlife activities and wetlands management, in accordance with N.J.A.C. 7:50-6.10.
6.
Low intensity recreational uses which do not involve use of a structure, including hunting, fishing, trapping, hiking, boating and swimming and other low intensity recreational uses, provided that any development associated with those uses does not result in a significant adverse impact on the wetland as set forth in Subsection b below.
7.
Private docks, piers, moorings and boat launches for the use of landowner, provided that there is no significant adverse impact on the wetland as set forth in Subsection b below.
8.
Commercial or public docks, piers, moorings and boat launches, provided that:
9.
Bridges, roads, trails and utility transmission and distribution facilities, provided that:
(a)
There is no feasible alternative route or site for the facility that does not involve development in a wetland or, if none, that another feasible route or site which results in less significant adverse impacts on wetlands does not exist;
(b)
The need for the proposed linear improvement cannot be met by existing facilities or modification thereof;
(c)
The use represents a need that overrides the importance of protecting the wetland;
(d)
Development of the facility will include all practical measures to mitigate the adverse impact on the wetland; and
(e)
The resources of the Pinelands will not be substantially impaired as a result of the facility and its development as determined exclusively based on the existence of special and unusual circumstances.
b.
Development Standards.
1.
No development, except for those uses that are specifically authorized in Subsection a above, shall be carried out within 300 feet of any wetland, unless the applicant has demonstrated that the proposed development will not result in a significant adverse impact on the wetland.
2.
A significant adverse impact shall be deemed to exist where it is determined that one or more of the following modifications of a wetland will have an irreversible effect on the ecological integrity of the wetland and its biotic components including, but not limited to, threatened or endangered species of plants or animals:
(a)
An increase in surface water runoff discharging into a wetland.
(b)
A change in the normal seasonal flow patterns in the wetland.
(c)
An alteration of the water table in the wetland.
(d)
An increase in erosion resulting in increased sedimentation in the wetland.
(e)
A change in the natural chemistry of the ground or surface water in the wetland.
(f)
A loss of wetland habitat.
(g)
A reduction in wetland habitat diversity.
(h)
A change in wetlands species composition.
(i)
A significant disturbance of areas used by indigenous and migratory wildlife for breeding, nesting or feeding.