Holland Township City Zoning Code

This Part 3 shall be applicable to the following major developments:

This Part 3 shall also be applicable to all major developments undertaken by the Township of Holland and other governmental agencies.

Applicability of this Part 3 to major developments shall comply with last amended N.J.A.C. 7:8-1.6, incorporated herein by reference.

This Part 3 shall be applicable to all applications for soil removal under Chapter 140 and building permits that are not subject to subdivision or site plan review that meet the definition of "Major Development."

The quantity reduction provisions of this Part 3 shall be applicable to any person, partnership, corporation, or public agency that is not defined as a "major development" and which shall by any means whatsoever increase the quantity or velocity of stormwater runoff emanating from the developed land area, hereinafter referred to as "minor development." Excluding the development of any area from the effective date hereof by the construction or installation of any impervious surface less than 2,000 square feet.

Review fees.

Inspection fees.

Development approvals issued pursuant to this Part 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 Part shall be held to be the minimum requirements for the promotion of the public health, safety, and general welfare.

This Part 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 Part 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.

For major development applications not subject to subdivision or site plan review, a lot grading and stormwater management plan with supporting calculations shall be filed with the Zoning Officer in accordance with this Part 3. The plans and calculations shall be forwarded to the Township Engineer for review and approval. No building permit or land disturbance shall be issued or commence until approved by the Municipal Engineer. No certificates of occupancy shall be issued until as-built plans are submitted to the Township Engineer with any other required proofs that the plan, and any conditions of plan approval, have been fully met and complied with.

Design and performance standards for stormwater management measures shall comply with last amended N.J.A.C. 7:8-5, incorporated herein by reference.

The standards in this Part 3 for projects that do not meet the requirements of a new major development but are considered minor developments are intended to minimize the impact of stormwater runoff and water quantity.

Projects located in a current deficit area: Where the project is located in a current deficit area as identified in Exhibit A,[1] the project shall demonstrate through hydrologic and hydraulic analysis that the site and its stormwater management measures provide for one of the following provisions:

This groundwater recharge requirement does not apply to projects within the "urban redevelopment area," or to projects subject to Subsection A(5) below.

The following types of stormwater shall not be recharged:

The design engineer shall assess and certify the hydraulic impact on the groundwater table and design the project site and all site groundwater recharge measures so as to avoid adverse hydraulic impacts. Adverse hydraulic impacts include, but are not limited to, raising the groundwater table so as to cause surface ponding, flooding of basements and other subsurface facilities, and interference with the proper operation of subsurface sewage disposal systems and other subsurface structures in the vicinity of a groundwater recharge measure.

Mitigation required. In lieu of on-site recharge, the applicant shall be responsible for providing mitigation of the groundwater recharge volume in the required amount. The applicant should provide mitigation, on-site if possible and/or practical, or within the same drainage area within which the subject project is proposed, or contribute funding toward a municipal stormwater control project, or provide for equivalent treatment at an alternate location, or provide for another equivalent water quality benefit, in lieu of implementing the required groundwater recharge volume on their specific site.

In cases where the development of land involves the construction of a building or other facility requiring a construction permit or application to the Planning or Zoning Board of Adjustment, the Zoning Officer shall determine whether the development involves the construction or installation of an impervious surface equal to or greater than 2,000 square feet. If the extent of work to be undertaken is such that requires review and approval with regard to the provisions of this article, the applicant shall proceed to submit an application and other data as outlined in § 100-187A and B to the Township Engineer. The Township Engineer shall approve, tentatively disapprove, or disapprove the application within 35 calendar days after submitted to him.

In cases where the development does not require the construction of a building or other facility requiring a construction permit, the applicant shall submit an application and other data as outlined in § 100-187A and B herein, directly to the Township Engineer for review. The Township Engineer shall approve, tentatively disapprove, or disapprove the application within 35 calendar days after submitted to him. If disapproved, the applicant may seek relief from the Planning Board under N.J.A.C. 7:8-5.2e, incorporated herein as reference, or § 100-187C.

Plot plan showing dimensions of the property, proposed buildings dimensioned from each side to the shortest lot line, driveways, patios, sidewalks, etc. The plan shall include existing and proposed elevations and contour lines over the entire area of the proposed property, together with watercourses and an indication of the final disposal location of surface waters. All elevations shall be related to two permanent benchmarks identified on the plan. Contours shall be shown at not more than two-foot intervals for areas with less than a 10% slope, five-foot intervals for areas with 10% to 20% slopes. Any existing feature to be removed or relocated shall be indicated. Flood hazard area limits and wetlands shall be shown.

Calculations for estimating pre- and post-development runoff prepared by a professional engineer based on the methodologies outlined in N.J.A.C. 7:8-5.7 incorporated herein by reference. Design and performance standards for stormwater management measures shall comply with the last amended stormwater runoff quantity requirements in N.J.A.C. 7:8-5.6, incorporated herein by reference.

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:

The standard in § 100-185A(1) above does not apply:

Whenever an applicant seeks municipal approval of a development subject to this ordinance, the applicant shall submit all of the required components of the Checklist for the Site Development Stormwater Plan at § 100-187C below as part of the submission of the application for approval.

The applicant shall demonstrate that the project meets the standards set forth in this ordinance.

The applicant shall submit three copies of the materials listed in the checklist for site development stormwater plans in accordance with § 100-187C of this Part.

Topographic base map. The reviewing engineer may require upstream tributary drainage system information as necessary. It is recommended that the topographic base map of the site be submitted which extends a minimum of 200 feet beyond the limits of the proposed development, at a scale of 1" = 200' or greater, showing two-foot contour intervals. The map as appropriate may indicate the following: existing surface water drainage, shorelines, steep slopes, soils, erodible soils, perennial or intermittent streams that drain into or upstream of the Category One waters, wetlands and flood plains along with their appropriate buffer strips, marshlands and other wetlands, pervious or vegetative surfaces, existing man-made structures, roads, bearing and distances of property lines, and significant natural and manmade features not otherwise shown.

Environmental site analysis. A written and graphic description of the natural and man-made features of the site and its surroundings should be submitted. This description should include a discussion of soil conditions, slopes, wetlands, waterways and vegetation on the site. Particular attention should be given to unique, unusual, or environmentally sensitive features and to those that provide particular opportunities or constraints for development. For sites located within limestone (carbonate) areas, a geotechnical investigation shall be required. The report must be prepared in accordance with § 101-26C of the Township's Highlands Land Use Ordinance and meet all of the performance requirements for Phase I and, as required, Phase II, Geological Investigations, listed therein.

Project description and site plans. A map (or maps) at the scale of the topographical base map indicating the location of existing and proposed buildings roads, parking areas, utilities, structural facilities for stormwater management and sediment control, and other permanent structures. The map(s) shall also clearly show areas where alterations will occur in the natural terrain and cover, including lawns and other landscaping, and seasonal high groundwater elevations. A written description of the site plan and justification for proposed changes in natural conditions shall also be provided.

Land use planning and source control plan. This plan shall provide a demonstration of how the goals and standards of § 100-184 is being met. The focus of this plan shall be to describe how the site is being developed to meet the objective of controlling groundwater recharge, stormwater quality and stormwater quantity problems at the source by land management and source controls whenever possible.

Stormwater management facilities map. The following information, illustrated on a map of the same scale as the topographic base map, shall be included:

Calculations.

Maintenance and repair plan. The design and planning of the stormwater management facility shall meet the maintenance requirements of § 100-188.

Waiver from submission requirements. The municipal official or board reviewing an application under this Part may, in consultation with the municipality's review engineer, waive submission of any of the requirements in § 100-187C(1) through (6) of this Part when it can be demonstrated that the information requested is impossible to obtain or it would create a hardship on the applicant to obtain and its absence will not materially affect the review process.

Maintenance for stormwater management measures shall comply with last amended N.J.A.C. 7:8-5.8, incorporated herein by reference.

Stormwater facilities shall be constantly maintained by the owner or association to assure continual functioning of the system at design capacity and to prevent the health hazards associated with debris buildup and stagnant water. Maintenance responsibilities, inspection schedules and tasks will be clearly shown in the proposed plan. In no case shall water be allowed to remain in any facility long enough to trigger a mosquito breeding disease or cause any other type of health problem. The maintenance plan must include inspection routines to reduce the potential for extensive, difficult, and costly remedial or emergency maintenance efforts, including inspection checklists. Inspection checklists may address such items as:

The following requirements of N.J.A.C. 7:8-5.8 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:

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.

Any violation of any provision of this Part shall be punishable by a fine not to exceed $2,500 for each offense and/or imprisonment for a term not exceeding 90 days. The following individuals shall be subject to potential punishment:

Each day that a violation continues shall constitute a separate and distinct offense.

The imposition of penalties herein shall not preclude the municipality or any other person from instituting an action to prevent an unlawful construction, reconstruction, alteration, repair, conversion, or use, or to restrain, correct or abate a violation, or to prevent the illegal occupancy of a building, land or premises.