Millburn City Zoning Code
ARTICLE 5
Design and Performance Standards
§ DRZ-501 Affordable Housing. [1]
[Added 4-5-2022 by Ord. No. 2596-22]
[1]
Editor's Note: Former Section DRZ-501, Ord. No. 2416-13, was deleted by Ord. No. 2471-16.
§ DRZ-501.1 Affordable Housing Obligation: General Program Purposes, Procedures.
[Added 4-5-2022 by Ord. No. 2596-22]
a.
This section of the Township Code sets forth regulations regarding the low- and moderate-income housing units in the Township consistent with the provisions known as the "Substantive Rules of the New Jersey Council on Affordable Housing", N.J.A.C. 5:93 et seq., the Uniform Housing Affordability Controls ("UHAC"), N.J.A.C. 5:80-26.1 et seq., except where modified by the requirements for very-low-income housing as established in P.L. 2008, c. 46 (the "Roberts Bill", codified at N.J.S.A. 52:27D-329.1) as reflected in the terms of a Settlement Agreement between the Township and Fair Share Housing Center ("FSHC") such that the statutory requirement to provide very-low-income units equal to 13% of affordable units approved and constructed after July 17, 2008, to be affordable to households at 30% of the regional median income, overrides the UHAC requirement that 10% of all low- and moderate-income units must be affordable at 35% of the regional median income, and the Township's constitutional obligation to provide a fair share of affordable housing for low- and moderate-income households.
b.
This section is intended to assure that very-low-, low- and moderate-income units ("affordable units") are created with controls on affordability and that very-low-, low- and moderate-income households shall occupy these units. This section shall apply to all inclusionary developments and 100% affordable developments (including those funded with low-income housing tax credit financing) except where inconsistent with applicable law.
c.
The Millburn Township Planning Board has adopted a Housing Element and Fair Share Plan pursuant to the Municipal Land Use Law at N.J.S.A. 40:55D-1 et seq. The plan has also been endorsed by the Mayor and Committee of the Township of Millburn. The Fair Share Plan describes the ways the Township shall address its fair share for low- and moderate-income housing as determined by the Superior Court and documented in the Housing Element.
d.
This section implements and incorporates the Fair Share Plan and addresses the requirements of N.J.A.C. 5:93, as may be amended and supplemented.
§ DRZ-501.2 Definitions.
[Added 4-5-2022 by Ord. No. 2596-22]
As used herein, the following terms shall have the following meanings:
The Fair Housing Act of 1985, P.L. 1985, c. 222 (N.J.S.A. 52:27D-301 et seq.).
Constructed in compliance with the technical design standards of the Barrier Free Subcode, N.J.A.C. 5:23-7.
The entity responsible for the administration of affordable units in accordance with this section, N.J.A.C. 5:91, N.J.A.C. 5:93 and N.J.A.C. 5:80-26.1 et seq.
A regional marketing strategy designed to attract buyers and/or renters of affordable units pursuant to N.J.A.C. 5:80-26.15.
The average percentage of median income at which restricted units in an affordable housing development are affordable to low- and moderate-income households.
A sales price or rent within the means of a low- or moderate-income household as defined in N.J.A.C. 5:93-7.4; in the case of an ownership unit, that the sales price for the unit conforms to the standards set forth in N.J.A.C. 5:80-26.6, as may be amended and supplemented, and, in the case of a rental unit, that the rent for the unit conforms to the standards set forth in N.J.A.C. 5:80-26.12, as may be amended and supplemented.
A housing development of which all or a portion of which consists of restricted units.
Any mechanism in a municipal Fair Share Plan prepared or implemented to address a municipality's fair share obligation.
A housing unit proposed or created pursuant to the Act, credited pursuant to N.J.A.C. 5:93, and/or funded through an Affordable Housing Trust Fund.
A housing unit designed to meet the needs of, and exclusively for, the residents of an age-restricted segment of the population such that: 1) all the residents of the development where the unit is situated are 62 years or older; or 2) at least 80% of the units are occupied by one person that is 55 years or older; or 3) the development has been designated by the Secretary of the U.S. Department of Housing and Urban Development as "housing for older persons" as defined in Section 807(b)(2) of the Fair Housing Act, 42 U.S.C. § 3607.
The New Jersey Housing and Mortgage Finance Agency established by P.L. 1983, c. 530 (N.J.S.A. 55:14K-1 et seq.).
A structure in which households live in distinct bedrooms, yet share kitchen and plumbing facilities, central heat and common areas. "Alternative living arrangement" includes, but is not limited to: transitional facilities for the homeless, Class A, B, C, D, and E boarding homes as regulated by the New Jersey Department of Community Affairs; residential health-care facilities as regulated by the New Jersey Department of Health; group homes for the developmentally disabled and mentally ill as licensed and/or regulated by the New Jersey Department of Human Services; and congregate living arrangements.
A facility licensed by the New Jersey Department of Health and Senior Services to provide apartment-style housing and congregate dining and to assure that assisted living services are available when needed for four or more adult persons unrelated to the proprietor and that offers units containing, at a minimum, one unfurnished room, a private bathroom, a kitchenette and a lockable door on the unit entrance.
A household that has been certified by an Administrative Agent as a low-income household or moderate-income household.
The Council on Affordable Housing, which is in, but not of, the Department of Community Affairs of the State of New Jersey, that was established under the New Jersey Fair Housing Act (N.J.S.A. 52:27D-301 et seq.).
The State of New Jersey Department of Community Affairs.
Any person, partnership, association, company or corporation that is the legal or beneficial owner or owners of a lot or any land proposed to be included in a proposed development, including the holder of an option to contract or purchase, or other person having an enforceable proprietary interest in such land.
The division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any use or change in the use of any building or other structure, or of any mining, excavation or landfill, and any use or change in the use of any building or other structure, or land or extension of use of land, for which permission may be required pursuant to N.J.S.A. 40:55D-1 et seq.
Money paid by a developer for the improvement of property as permitted in N.J.A.C. 5:93-8.
The assessed value of a property divided by the current average ratio of assessed to true value for the municipality in which the property is situated, as determined in accordance with Sections 1, 5, and 6 of P.L. 1973, c. 123 (N.J.S.A. 54:1-35a through 54:1-35c).
The plan that describes the mechanisms, strategies and the funding sources, if any, by which the Township proposes to address its affordable housing obligation as established in the Housing Element, including the draft ordinances necessary to implement that plan, and addresses the requirements of N.J.A.C. 5:93-5.
The portion of the Township's Master Plan, required by the Municipal Land Use Law ("MLUL"), N.J.S.A. 40:55D-28b(3), and the Act, that includes the information required by N.J.A.C. 5:93-5.1 and establishes the Township's fair share obligation.
A development containing both affordable units and market-rate units. This term includes, but is not necessarily limited to: new construction, the conversion of a nonresidential structure to residential and the creation of new affordable units through the reconstruction of a vacant residential structure.
A household with a total gross annual household income equal to 50% or less of the median household income.
A restricted unit that is affordable to a low-income household.
Housing not restricted to low- and moderate-income households that may sell or rent at any price.
The median income by household size for the applicable county, as adopted annually by COAH or approved by the NJ Superior Court.
A household with a total gross annual household income in excess of 50% but less than 80% of the median household income.
A restricted unit that is affordable to a moderate-income household.
Any sale or transfer of ownership other than the transfer of ownership between husband and wife; the transfer of ownership between former spouses ordered as a result of a judicial decree of divorce or judicial separation, but not including sales to third parties; the transfer of ownership between family members as a result of inheritance; the transfer of ownership through an executor's deed to a Class A beneficiary and the transfer of ownership by court order.
A process by which currently income-eligible households are selected for placement in affordable housing units such that no preference is given to one applicant over another except for purposes of matching household income and size with an appropriately priced and sized affordable unit (e.g., by lottery).
The maximum housing value in each housing region affordable to a four-person household with an income at 80% of the regional median as defined by adopted/approved Regional Income Limits.
The repair, renovation, alteration or reconstruction of any building or structure, pursuant to the Rehabilitation Subcode, N.J.A.C. 5:23-6.
The gross monthly cost of a rental unit to the tenant, including the rent paid to the landlord, as well as an allowance for tenant-paid utilities computed in accordance with allowances published by DCA for its Section 8 program. In assisted living residences, rent does not include charges for food and services.
A dwelling unit, whether a rental unit or ownership unit, that is subject to the affordability controls of N.J.A.C. 5:80-26.1, as may be amended and supplemented, but does not include a market-rate unit financed under UHORP or MONI.
An expert appointed by a judge to make sure that judicial orders are followed. A master's function is essentially investigative, compiling evidence or documents to inform some future action by the Court.
Uniform Housing Affordability Controls set forth in N.J.A.C. 5:80-26.1 et seq.
A household with a total gross annual household income equal to 30% or less of the median household income.
A restricted unit that is affordable to a very-low-income household.
§ DRZ-501.3 Administration of Affordable Units.
[Added 4-5-2022 by Ord. No. 2596-22]
The following requirements shall apply to all new or planned developments that contain low- and moderate-income housing units.
a.
The requirements of this section apply to all developments that contain affordable housing units, including any currently unanticipated future developments that will provide low- and moderate-income housing units.
b.
Phasing. Affordable housing developments shall meet the following phasing schedule for low- and moderate-income units, whether developed in a single-phase development, or in a multi-phase development:
Maximum Percentage of Market-Rate Units Completed | Minimum Percentage of Low- and Moderate-Income Units Completed |
|---|---|
25% | 0% |
25% + 1 unit | 10% |
50% | 50% |
75% | 75% |
90% | 100% |
100% |
c.
Design. In inclusionary developments, low- and moderate-income units shall be integrated with the market units and shall have access to all of the same common elements and facilities as the market units.
d.
Utilities. Affordable units shall utilize the same type of heating source as market units within the affordable development.
e.
Low/Moderate Split and Bedroom Distribution of Affordable Housing Units:
1.
The fair share obligation shall be divided equally between low- and moderate-income units, except that where there is an odd number of affordable housing units, the extra unit shall be a low-income unit. At least 13% of all restricted units shall be very-low-income units (affordable to a household earning 30% or less of the regional median income by household size). The very-low-income units shall be counted as part of the required number of low-income units in the development.
2.
In each affordable housing development, the total number of units within each bedroom distribution shall have at least 50% of the units restricted for low-income households, with at least 13% affordable to very-low-income households.
3.
Affordable developments that are not age-restricted shall be structured in conjunction with realistic market demands such that:
(a)
The combined number of efficiency and one-bedroom units shall be no greater than 20% of the total low- and moderate-income units;
(b)
At least 30% of all low- and moderate-income units shall be two-bedroom units;
(c)
At least 20% of all low- and moderate-income units shall be three-bedroom units; and
(d)
The remaining units may be allocated among two- and three-bedroom units at the discretion of the developer.
4.
Affordable developments that are age-restricted shall be structured such that the number of bedrooms shall equal the number of age-restricted low- and moderate-income units within the inclusionary development. The standard may be met by having all one-bedroom units or by having a two-bedroom unit for each efficiency unit.
f.
Accessibility Requirements:
1.
The first floor of all new restricted townhouse dwelling units and all restricted multistory dwelling units attached to at least one other dwelling unit shall be subject to the technical design standards of the Barrier Free Subcode, N.J.A.C. 5:23-7.
(a)
All restricted townhouse dwelling units and all restricted multistory dwelling units attached to at least one other dwelling unit shall have the following features:
(1)
An adaptable toilet and bathing facility on the first floor;
(2)
An adaptable kitchen on the first floor;
(3)
An interior accessible route of travel on the first floor;
(i)
An interior accessible route of travel shall not be required between stories within an individual unit;
(4)
An adaptable room that can be used as a bedroom, with a door or the casing for the installation of a door, on the first floor; and
(5)
An accessible entranceway as set forth at P.L. 2005, c. 350 (N.J.S.A. 52:27D-311a et seq.) and the Barrier Free Subcode, N.J.A.C. 5:23-7, or evidence that the Township has collected funds from the developer sufficient to make 10% of the adaptable entrances in the development accessible:
(i)
Where a unit has been constructed with an adaptable entrance, upon the request of a disabled person who is purchasing or will reside in the dwelling unit, an accessible entrance shall be installed.
(ii)
To this end, the builder of restricted units shall deposit funds within the Township of Millburn's Affordable Housing Trust Fund sufficient to install accessible entrances in 10% of the affordable units that have been constructed with adaptable entrances.
(iii)
The funds deposited under Subsection f1(a)(5)(ii) herein shall be used by the Township for the sole purpose of making the adaptable entrance of any affordable unit accessible when requested to do so by a person with a disability who occupies or intends to occupy the unit and requires an accessible entrance.
(iv)
The developer of the restricted units shall submit a design plan and cost estimate for the conversion from adaptable to accessible entrances to the Construction Official of the Township of Millburn.
(v)
Once the Construction Official has determined that the design plan to convert the unit entrances from adaptable to accessible meet the requirements of the Barrier Free Subcode, N.J.A.C. 5:23-7, and that the cost estimate of such conversion is reasonable, payment shall be made to the Township of Millburn's Affordable Housing Trust Fund in care of the Municipal Treasurer, who shall ensure that the funds are deposited into the Affordable Housing Trust Fund and appropriately earmarked.
(vi)
Full compliance with the foregoing provisions shall not be required where an entity can demonstrate that it is site impracticable to meet the requirements. Determinations of site impracticability shall be in compliance with the Barrier Free Subcode, N.J.A.C. 5:23-7.
g.
Maximum Rents and Sales Prices.
1.
In establishing rents and sales prices of affordable housing units, the Administrative Agent shall follow the procedures set forth in UHAC and by the Superior Court, utilizing the regional income limits established.
2.
The maximum rent for restricted rental units within each affordable development shall be affordable to households earning no more than 60% of median income, and the average rent for restricted low- and moderate-income units shall be affordable to households earning no more than 52% of median income.
3.
The developers and/or municipal sponsors of restricted rental units shall establish at least one rent for each bedroom type for both low-income and moderate-income units.
(a)
At least 13% of all low- and moderate-income rental units shall be affordable to households earning no more than 30% of median income.
4.
The maximum sales price of restricted ownership units within each affordable development shall be affordable to households earning no more than 70% of median income, and each affordable development must achieve an affordability average of 55% for restricted ownership units; in achieving this affordability average, moderate-income ownership units must be available for at least three different prices for each bedroom type, and low-income ownership units must be available for at least two different prices for each bedroom type.
5.
In determining the initial sales prices and rents for compliance with the affordability average requirements for restricted units other than assisted living facilities, the following standards shall be met:
(a)
A studio or efficiency unit shall be affordable to a one-person household;
(b)
A one-bedroom unit shall be affordable to a one-and-one-half-person household;
(c)
A two-bedroom unit shall be affordable to a three-person household;
(d)
A three-bedroom unit shall be affordable to a four-and-one-half-person household; and
(e)
A four-bedroom unit shall be affordable to a six-person household.
6.
In determining the initial rents for compliance with the affordability average requirements for restricted units in assisted living facilities, the following standards shall be met:
7.
The initial purchase price for all restricted ownership units shall be calculated so that the monthly carrying cost of the unit, including principal and interest (based on a mortgage loan equal to 95% of the purchase price and the Federal Reserve H.15 rate of interest), taxes, homeowners' and private mortgage insurance and condominium or homeowners' association fees do not exceed 28% of the eligible monthly income of the appropriate size household as determined under N.J.A.C. 5:80-26.4, as may be amended and supplemented; provided, however, that the price shall be subject to the affordability average requirement of N.J.A.C. 5:80-26.3, as may be amended and supplemented.
8.
The initial rent for a restricted rental unit shall be calculated so as not to exceed 30% of the eligible monthly income of the appropriate household size as determined under N.J.A.C. 5:80-26.4, as may be amended and supplemented; provided, however, that the rent shall be subject to the affordability average requirement of N.J.A.C. 5:80-26.3, as may be amended and supplemented.
9.
The price of owner-occupied low- and moderate-income units may increase annually based on the percentage increase in the regional median income limit for each housing region. In no event shall the maximum resale price established by the Administrative Agent be lower than the last recorded purchase price.
Income limits for all units for which income limits are not already established through a federal program exempted from the Uniform Housing Affordability Controls pursuant to N.J.A.C. 5:80-26.1 shall be updated by the Township annually within 30 days of the publication of determinations of median income by HUD as follows:
(a)
Regional income limits shall be established for the Region 2 based on the median income by household size, which shall be established by a regional weighted average of the uncapped Section 8 income limits published by HUD. To compute this regional income limit, the HUD determination of median county income for a family of four is multiplied by the estimated households within the county according to the most recent decennial Census. The resulting product for each county within the housing region is summed. The sum is divided by the estimated total households from the most recent decennial Census in Region 2. This quotient represents the regional weighted average of median income for a household of four. The income limit for a moderate-income unit for a household of four shall be 80% of the regional weighted average median income for a family of four. The income limit for a low-income unit for a household of four shall be 50% of the HUD determination of the regional weighted average median income for a family of four. The income limit for a very-low-income unit for a household of four shall be 30% of the regional weighted average median income for a family of four. These income limits shall be adjusted by household size based on multipliers used by HUD to adjust median income by household size. In no event shall the income limits be less than those for the previous year.
(b)
The income limits calculated each year shall be the result of applying the percentages set forth in Subsection g9(a) above to HUD's determination of median income for the relevant fiscal year, and shall be utilized until the Township updates the income limits after HUD has published revised determinations of median income for the next fiscal year.
(c)
The Regional Asset Limit used in determining an applicant's eligibility for affordable housing pursuant to N.J.A.C. 5:80-26.16(b)3 shall be calculated by the Township annually by taking the percentage increase of the income limits calculated pursuant to Subsection g9(a) above over the previous year's income limits, and applying the same percentage increase to the Regional Asset Limit from the prior year. In no event shall the Regional Asset Limit be less than that for the previous year.
10.
The rent levels of very-low-, low- and moderate-income units may be increased annually based on the percentage increase in the Housing Consumer Price Index for the Northeast Urban Area, upon its publication for the prior calendar year. This increase shall not exceed 9% in any one year. Rents for units constructed pursuant to low-income-housing tax credit regulations shall be indexed pursuant to the regulations governing low-income-housing tax credits.
11.
Tenant-paid utilities that are included in the utility allowance shall be so stated in the lease and shall be consistent with the utility allowance approved by DCA for its Section 8 program.
h.
Condominium and Homeowners' Association Fees.
1.
For any affordable housing unit that is part of a condominium association and/or homeowners' association, the Master Deed shall reflect that the association fee assessed for each affordable housing unit shall be established at 100% of the market rate fee.
i.
Affirmative Marketing.
1.
The Township shall adopt by resolution an Affirmative Marketing Plan, subject to approval of the Superior Court, compliant with N.J.A.C. 5:80-26.15, as may be amended and supplemented.
2.
The Affirmative Marketing Plan is a regional marketing strategy designed to attract buyers and/or renters of all majority and minority groups, regardless of race, creed, color, national origin, ancestry, marital or familial status, gender, affectional or sexual orientation, disability, age or number of children to housing units which are being marketed by a developer, sponsor or owner of affordable housing. The Affirmative Marketing Plan is also intended to target those potentially eligible persons who are least likely to apply for affordable units in that region. It is a continuing program that directs all marketing activities toward COAH Housing Region 2 and covers the period of deed restriction.
3.
The Affirmative Marketing Plan shall provide a regional preference for all households that live and/or work in COAH Housing Region 2, comprised of Essex, Morris, Union, and Warren Counties.
4.
The development's Administrative Agent shall assure the affirmative marketing of all affordable units is consistent with the Affirmative Marketing Plan for the municipality.
5.
The Township shall add to the list of community and regional organizations in its Affirmative Marketing Plan, pursuant to N.J.A.C. 5:80-26.15(f)5, Fair Share Housing Center, the New Jersey State Conference of the NAACP, the Latino Action Network, the Morris County Chapter of the NAACP, Newark NAACP, East Orange NAACP, Housing Partnership for Morris County, Community Access Unlimited, Inc., Northwest New Jersey Community Action Program, Inc. (NORWESCAP), Homeless Solutions of Morristown, the Supportive Housing Association and the New Jersey Housing Resource Center, and shall, as part of its regional affirmative marketing strategies during its implementation of this plan, provide notice to those organizations of all available affordable housing units. The Township also agrees to require any other entities, including developers or persons or companies retained to do affirmative marketing, to comply with this subsection.
6.
In implementing the Affirmative Marketing Plan, the Administrative Agent shall provide a list of counseling services to low- and moderate-income applicants on subjects such as budgeting, credit issues, mortgage qualification, rental lease requirements, and landlord/tenant law.
7.
The affirmative marketing process for available affordable units shall begin at least four months prior to the expected date of occupancy.
8.
The costs of advertising and affirmative marketing of the affordable units shall be the responsibility of the developer, sponsor or owner, unless otherwise determined or agreed to by the Township of Millburn.
j.
Occupancy Standards.
1.
In referring certified households to specific restricted units, to the extent feasible, and without causing an undue delay in occupying the unit, the Administrative Agent shall strive to:
2.
Additional provisions related to occupancy standards (if any) shall be provided in the municipal Operating Manual.
l.
Control Periods for Restricted Ownership Units and Enforcement Mechanisms.
1.
Control periods for restricted ownership units shall be in accordance with N.J.A.C. 5:80-26.5, and each restricted ownership unit shall remain subject to the controls on affordability for a period of at least 30 years, until the municipality takes action to release the controls on affordability.
2.
Rehabilitated owner-occupied housing units that are improved to code standards shall be subject to affordability controls for a period of 10 years.
3.
The affordability control period for a restricted ownership unit shall commence on the date the initial certified household takes title to the unit.
4.
The affordability controls set forth in this section shall remain in effect despite the entry and enforcement of any judgment of foreclosure with respect to restricted ownership units.
5.
A restricted ownership unit shall be required to obtain a continuing certificate of occupancy or a certified statement from the Construction Official stating that the unit meets all code standards upon the first transfer of title that follows the expiration of the applicable minimum control period provided under N.J.A.C. 5:80-26.5(a), as may be amended and supplemented.
6.
At the time of the initial sale of the unit, the initial purchaser shall execute and deliver to the Administrative Agent a recapture note obligating the purchaser (as well as the purchaser's heirs, successors and assigns) to repay, upon the first nonexempt sale after the unit's release from the restrictions set forth in this section, an amount equal to the difference between the unit's nonrestricted fair market value and its restricted price, and the recapture note shall be secured by a recapture lien evidenced by a duly recorded mortgage on the unit.
m.
Price Restrictions for Restricted Ownership Units, Homeowners' Association Fees and Resale Prices.
1.
Price restrictions for restricted ownership units shall be in accordance with N.J.A.C. 5:80-26.1, as may be amended and supplemented, including:
(a)
The initial purchase price for a restricted ownership unit shall be approved by the Administrative Agent.
(b)
The Administrative Agent shall approve all resale prices, in writing and in advance of the resale, to assure compliance with the foregoing standards.
(c)
The method used to determine the condominium association fee amounts and special assessments shall be indistinguishable between the low- and moderate-income unit owners and the market unit owners.
(d)
The owners of restricted ownership units may apply to the Administrative Agent to increase the maximum sales price for the unit on the basis of capital improvements. Eligible capital improvements shall be those that render the unit suitable for a larger household or the addition of a bathroom.
n.
Buyer Income Eligibility.
1.
Buyer income eligibility for restricted ownership units shall be in accordance with N.J.A.C. 5:80-26.1, as may be amended and supplemented, such that low-income ownership units shall be reserved for households with a gross household income less than or equal to 50% of median income, and moderate-income ownership units shall be reserved for households with a gross household income less than 80% of median income.
2.
The Administrative Agent shall certify a household as eligible for a restricted ownership unit when the household is a low-income household or a moderate-income household, as applicable to the unit, and the estimated monthly housing cost for the particular unit (including principal, interest, taxes, homeowner and private mortgage insurance and condominium or homeowners' association fees, as applicable) does not exceed 33% of the household's certified monthly income.
3.
Notwithstanding the foregoing, the Administrative Agent may, upon approval by the Township Committee, and subject to the Court's approval, permit a moderate-income purchaser to buy a low-income unit if and only if the Administrative Agent can demonstrate that there is an insufficient number of eligible low-income purchasers in the housing region to permit prompt occupancy of the unit and all other reasonable efforts to attract a low income purchaser, including pricing and financing incentives, have failed. Any such low-income unit that is sold to a moderate-income household shall retain the required pricing and pricing restrictions for a low-income unit.
4.
A certified household that purchases a restricted ownership unit must occupy it as the certified household's principal residence and shall not lease the unit; provided, however, that the Administrative Agent may permit the owner of a restricted ownership unit, upon application and a showing of hardship, to lease the restricted unit to another certified household for a period not to exceed one year.
o.
Limitations on indebtedness secured by ownership unit; subordination.
1.
Prior to incurring any indebtedness to be secured by a restricted ownership unit, the Administrative Agent shall determine in writing that the proposed indebtedness complies with the provisions of this section.
2.
With the exception of original purchase money mortgages, during a control period neither an owner nor a lender shall at any time cause or permit the total indebtedness secured by a restricted ownership unit to exceed 95% of the maximum allowable resale price of that unit, as such price is determined by the Administrative Agent in accordance with N.J.A.C. 5:80-26.6(b).
p.
Capital Improvements to Ownership Units.
1.
The owners of restricted ownership units may apply to the Administrative Agent to increase the maximum sales price for the unit on the basis of capital improvements made since the purchase of the unit. Eligible capital improvements shall be those that render the unit suitable for a larger household or that add an additional bathroom. In no event shall the maximum sales price of an improved housing unit exceed the limits of affordability for the larger household.
2.
Upon the resale of a restricted ownership unit, all items of property that are permanently affixed to the unit or were included when the unit was initially restricted (for example, refrigerator, range, washer, dryer, dishwasher, wall-to-wall carpeting) shall be included in the maximum allowable resale price. Other items may be sold to the purchaser at a reasonable price that has been approved by the Administrative Agent at the time of the signing of the agreement to purchase. The purchase of central air conditioning installed subsequent to the initial sale of the unit and not included in the base price may be made a condition of the unit resale provided the price, which shall be subject to ten-year, straight-line depreciation, has been approved by the Administrative Agent. Unless otherwise approved by the Administrative Agent, the purchase of any property other than central air conditioning shall not be made a condition of the unit resale. The owner and the purchaser must personally certify at the time of closing that no unapproved transfer of funds for the purpose of selling and receiving property has taken place at the time of or as a condition of resale.
q.
Control Periods for Restricted Rental Units.
1.
Control periods for restricted rental units shall be in accordance with N.J.A.C. 5:80-26.11, and each restricted rental unit shall remain subject to the controls on affordability for a period of at least 30 years, until the municipality takes action to release the controls on affordability.
(a)
Restricted rental units created as part of developments receiving 9% low-income-housing tax credits must comply with a control period of not less than a thirty-year compliance period plus a fifteen-year extended use period.
2.
Rehabilitated renter-occupied housing units that are improved to code standards shall be subject to affordability controls for a period of 10 years.
3.
Deeds of all real property that include restricted rental units shall contain deed restriction language. The deed restriction shall have priority over all mortgages on the property, and the deed restriction shall be filed by the developer or seller with the Records Office of the County of Essex. A copy of the filed document shall be provided to the Administrative Agent within 30 days of the receipt of a certificate of occupancy.
4.
A restricted rental unit shall remain subject to the affordability controls of this section, despite the occurrence of any of the following events:
r.
Price Restrictions for Rental Units; Leases.
1.
A written lease shall be required for all restricted rental units, except for units in an assisted living residence, and tenants shall be responsible for security deposits and the full amount of the rent as stated on the lease. A copy of the current lease for each restricted rental unit shall be provided to the Administrative Agent.
2.
No additional fees or charges shall be added to the approved rent (except, in the case of units in an assisted living residence, to cover the customary charges for food and services) without the express written approval of the Administrative Agent.
3.
Application fees (including the charge for any credit check) shall not exceed 5% of the monthly rent of the applicable restricted unit and shall be payable to the Administrative Agent to be applied to the costs of administering the controls applicable to the unit as set forth in this section.
s.
Tenant Income Eligibility.
1.
Tenant income eligibility shall be in accordance with N.J.A.C. 5:80-26.13, as may be amended and supplemented, and shall be determined as follows:
(a)
Very-low-income rental units shall be reserved for households with a gross household income less than or equal to 30% of median income.
(b)
Low-income rental units shall be reserved for households with a gross household income less than or equal to 50% of median income.
(c)
Moderate-income rental units shall be reserved for households with a gross household income less than 80% of median income.
2.
The Administrative Agent shall certify a household as eligible for a restricted rental unit when the household is a very-low-income household, low-income household or a moderate-income household, as applicable to the unit, and the rent proposed for the unit does not exceed 35% (40% for age-restricted units) of the household's eligible monthly income as determined pursuant to N.J.A.C. 5:80-26.16, as may be amended and supplemented; provided, however, that this limit may be exceeded if one or more of the following circumstances exists:
(a)
The household currently pays more than 35% (40% for households eligible for age-restricted units) of its gross household income for rent, and the proposed rent will reduce its housing costs;
(b)
The household has consistently paid more than 35% (40% for households eligible for age-restricted units) of eligible monthly income for rent in the past and has proven its ability to pay;
(c)
The household is currently in substandard or overcrowded living conditions;
(d)
The household documents the existence of assets with which the household proposes to supplement the rent payments; or
(e)
The household documents proposed third-party assistance from an outside source such as a family member in a form acceptable to the Administrative Agent and the owner of the unit.
3.
The applicant shall file documentation sufficient to establish the existence of the circumstances in Subsection s2(a) through (e) above with the Administrative Agent, who shall counsel the household on budgeting.
t.
Conversions.
1.
Each affordable housing unit created through the conversion of a nonresidential structure shall be considered a new housing unit and shall be subject to the affordability controls for a new housing unit.
u.
Alternative Living Arrangements.
1.
The administration of an alternative living arrangement shall be in compliance with N.J.A.C. 5:93-5.8 and UHAC, with the following exceptions:
2.
With the exception of units established with capital funding through a twenty-year operating contract with the Department of Human Services, Division of Developmental Disabilities, alternative living arrangements shall have at least thirty-year controls on affordability in accordance with UHAC, unless an alternative commitment is approved by the Court.
3.
The service provider for the alternative living arrangement shall act as the Administrative Agent for the purposes of administering the affirmative marketing and affordability requirements for the alternative living arrangement.
§ DRZ-501.4 Municipal Housing Liaison.
[Added 4-5-2022 by Ord. No. 2596-22]
a.
The position of Municipal Housing Liaison for the Township of Millburn is hereby established. The Municipal Housing Liaison shall be appointed by duly adopted resolution of the Township Mayor and Council and be subject to the approval by the Superior Court.
b.
The Municipal Housing Liaison must be either a full-time or part-time employee of the Township of Millburn.
c.
The Municipal Housing Liaison must meet the requirements for qualifications, including initial and periodic training found in N.J.A.C. 5:93.
d.
The Municipal Housing Liaison shall be responsible for oversight and administration of the affordable housing program for the Township of Millburn, including the following responsibilities which may not be contracted out to the Administrative Agent:
1.
Serving as the municipality's primary point of contact for all inquiries from the state, affordable housing providers, Administrative Agents and interested households;
2.
When applicable, supervising any contracting Administrative Agent;
3.
Monitoring the status of all restricted units in the Township of Millburn's Fair Share Plan;
4.
Compiling, verifying and submitting annual reports as required by the Superior Court;
5.
Coordinating meetings with affordable housing providers and Administrative Agents, as applicable; and
6.
Attending continuing education opportunities on affordability controls, compliance monitoring and affirmative marketing as offered or approved by the Superior Court.
§ DRZ-501.5 Administrative Agent.
[Added 4-5-2022 by Ord. No. 2596-22]
a.
The Township shall designate, by resolution of the Township Mayor and Council, one or more Administrative Agents to administer newly constructed affordable units in accordance with N.J.A.C. 5:93 and UHAC.
b.
Developers of affordable housing units shall utilize the Township's appointed Administrative Agent for the administration of affordable units, unless specifically authorized to do otherwise by the Township Mayor and Council or Planning or Zoning Board. All administration costs, including those of the Administrative Agent, shall be paid by the developer.
c.
An Operating Manual shall be provided by the Administrative Agent(s) to be adopted by resolution of the governing body and subject to approval of the Superior Court. The Operating Manuals shall be available for public inspection in the office of the Municipal Clerk and in the office(s) of the Administrative Agent(s).
d.
Duties and responsibilities.
1.
The Administrative Agent shall perform the duties and responsibilities of an Administrative Agent as are set forth in UHAC and which are described in full detail in the Operating Manual, including those set forth in N.J.A.C. 5:80-26.14, 26.16 and 26.18 thereof, which includes:
(a)
Attending continuing education opportunities on affordability controls, compliance monitoring, and affirmative marketing as offered or approved by the Superior Court;
(b)
Affirmative marketing;
(c)
Household certification;
(d)
Affordability controls;
(e)
Records retention;
(f)
Resale and rerental;
(g)
Processing requests from unit owners; and
(h)
Enforcement, although the ultimate responsibility for retaining controls on the units rests with the municipality.
2.
The Administrative Agent shall, as delegated by the Township Mayor and Committee, have the authority to take all actions necessary and appropriate to carry out its responsibilities hereunder.
§ DRZ-501.6 Enforcement of Affordable Housing Regulations.
[Added 4-5-2022 by Ord. No. 2596-22]
a.
Upon the occurrence of a breach of any of the regulations governing the affordable unit by an owner, developer or tenant, the municipality shall have all remedies provided at law or equity, including but not limited to foreclosure, tenant eviction, municipal fines, a requirement for household recertification, acceleration of all sums due under a mortgage, recoupment of any funds from a sale in the violation of the regulations, injunctive relief to prevent further violation of the regulations, entry on the premises, and specific performance.
b.
After providing written notice of a violation to an owner, developer or tenant of a low- or moderate-income unit and advising the owner, developer or tenant of the penalties for such violations, the municipality may take the following action against the owner, developer or tenant for any violation that remains uncured for a period of 60 days after service of the written notice:
1.
The municipality may file a court action pursuant to N.J.S.A. 2A:58-11 alleging a violation, or violations, of the regulations governing the affordable housing unit. If the owner, developer or tenant is found by the Court to have violated any provision of the regulations governing affordable housing units, the owner, developer or tenant shall be subject to one or more of the following penalties, at the discretion of the Court:
(a)
A fine of not more than $500 or imprisonment for a period not to exceed 90 days, or both. Each and every day that the violation continues or exists shall be considered a separate and specific violation of these provisions and not as a continuing offense;
(b)
In the case of an owner who has rented his or her low- or moderate-income unit in violation of the regulations governing affordable housing units, payment into the Township of Millburn Affordable Housing Trust Fund of the gross amount of rent illegally collected;
(c)
In the case of an owner who has rented his or her low- or moderate-income unit in violation of the regulations governing affordable housing units, payment of an innocent tenant's reasonable relocation costs, as determined by the Court.
2.
The municipality may file a court action in the Superior Court seeking a judgment which would result in the termination of the owner's equity or other interest in the unit, in the nature of a mortgage foreclosure. Any judgment shall be enforceable as if the same were a judgment of default of the first purchase money mortgage and shall constitute a lien against the low- and moderate-income unit.
c.
Such judgment shall be enforceable, at the option of the municipality, by means of an execution sale by the Sheriff, at which time the low- and moderate-income unit of the violating owner shall be sold at a sale price which is not less than the amount necessary to fully satisfy and pay off any first purchase money mortgage and prior liens and the costs of the enforcement proceedings incurred by the municipality, including attorney's fees. The violating owner shall have the right to possession terminated as well as the title conveyed pursuant to the Sheriff's sale.
d.
The proceeds of the Sheriff's sale shall first be applied to satisfy the first purchase money mortgage lien and any prior liens upon the low- and moderate-income unit. The excess, if any, shall be applied to reimburse the municipality for any and all costs and expenses incurred in connection with either the Court action resulting in the judgment of violation or the Sheriff's sale. In the event that the proceeds from the Sheriff's sale are insufficient to reimburse the municipality in full as aforesaid, the violating owner shall be personally responsible for and to the extent of such deficiency, in addition to any and all costs incurred by the municipality in connection with collecting such deficiency. In the event that a surplus remains after satisfying all of the above, such surplus, if any, shall be placed in escrow by the municipality for the owner and shall be held in such escrow for a maximum period of two years or until such earlier time as the owner shall make a claim with the municipality for such. Failure of the owner to claim such balance within the two-year period shall automatically result in a forfeiture of such balance to the municipality. Any interest accrued or earned on such balance while being held in escrow shall belong to and shall be paid to the municipality, whether such balance shall be paid to the owner or forfeited to the municipality.
e.
Foreclosure by the municipality due to violation of the regulations governing affordable housing units shall not extinguish the restrictions of the regulations governing affordable housing units as the same apply to the low- and moderate-income unit. Title shall be conveyed to the purchaser at the Sheriff's sale, subject to the restrictions and provisions of the regulations governing the affordable housing unit. The owner determined to be in violation of the provisions of this plan and from whom title and possession were taken by means of the Sheriff's sale shall not be entitled to any right of redemption.
f.
If there are no bidders at the Sheriff's sale, or if insufficient amounts are bid to satisfy the first purchase money mortgage and any prior liens, the municipality may acquire title to the low- and moderate-income unit by satisfying the first purchase money mortgage and any prior liens and crediting the violating owner with an amount equal to the difference between the first purchase money mortgage and any prior liens and costs of the enforcement proceedings, including legal fees and the maximum resale price for which the low- and moderate-income unit could have been sold under the terms of the regulations governing affordable housing units. This excess shall be treated in the same manner as the excess which would have been realized from an actual sale as previously described.
g.
Failure of the low- and moderate-income unit to be either sold at the Sheriff's sale or acquired by the municipality shall obligate the owner to accept an offer to purchase from any qualified purchaser which may be referred to the owner by the municipality, with such offer to purchase being equal to the maximum resale price of the low- and moderate-income unit as permitted by the regulations governing affordable housing units.
h.
The owner shall remain fully obligated, responsible and liable for complying with the terms and restrictions of governing affordable housing units until such time as title is conveyed from the owner.
§ DRZ-501.7 Appeals.
[Added 4-5-2022 by Ord. No. 2596-22]
Appeals from all decisions of an Administrative Agent designated pursuant to this section shall be filed in writing with the Township.
§ DRZ-502 Mandatory Affordable Housing Set-Aside. [1]
[1]
Editor's Note: Former Section DRZ-502 was deleted by Ord. No. 2471-16.
§ DRZ-502.1 Mandatory Affordable Housing Set-Aside.
[Added 4-5-2022 by Ord. No. 2597-22]
A mandatory affordable housing set-aside requirement shall apply beginning with the effective date of this section to any multifamily or attached dwelling residential development, including the residential portion of a mixed-use project, which consists of five or more new residential units that becomes permissible through a "(d)1" use variance, a "d(5)" density variance increasing the permissible density at the site, a rezoning permitting multifamily or attached residential housing where not previously permitted, or a new or amended redevelopment plan as set forth below:
a.
The set-aside of affordable units for all developments will be 20%.
b.
This requirement does not apply to any sites or specific zones otherwise identified in the Fair Share Plan, for which density and set-aside standards shall be governed by the specific standards set forth therein.
c.
For any such development for which the Township's land use ordinances (e.g., zoning or an adopted redevelopment plan) already permit residential development as of the effective date of this Ordinance No. 2597-22, adopted April 5, 2022, this requirement shall only apply if the Township permits an increase of five or more residential units beyond that which is currently permitted (e.g., zoning or an adopted redevelopment plan).
d.
The affordable units shall comply with the Township's affordable housing regulations in Section DRZ-501. This includes, but is not limited to, affordability controls of not less than 30 years, proper distribution of one-, two-, and three-bedroom affordable units, proper distribution of very-low-, low-, and moderate-income units, and affirmative marketing.
e.
A property shall not be permitted to be subdivided so as to avoid meeting this requirement. The Board may impose any reasonable conditions to ensure such compliance.
f.
Nothing in this subsection precludes the Township from imposing an affordable housing set-aside in a development not required to have a set-aside pursuant to this subsection consistent with N.J.S.A. 52:27D-311h and other applicable law.
g.
This requirement does not create any entitlement for a property owner or applicant for a zoning amendment, variance, or adoption of a redevelopment plan or amended redevelopment plan in areas in need of redevelopment or rehabilitation, or for approval of any particular proposed project.
§ DRZ-503 (Reserved)
[Deleted by Ord. No. 2471-16]
§ DRZ-504 (Reserved)
[Deleted by Ord. No. 2471-16]
§ DRZ-505 (Reserved)
[Deleted by Ord. No. 2471-16]
§ DRZ-506 Curbs.
Granite block or other approved curb shall be installed along every street within any development and at intersections with Township and County streets and State highways. The specifications and standards set forth in "The Township of Millburn in the County of Essex, Standard Specifications," shall be met in the construction of curbs.
§ DRZ-507 Drainage.
[Ord. No. 9-87; deleted by Ord. No. 2471-16; reinstated and restored by Ord. No. 2480-17]
All streets shall be designed to accommodate storm drainage along streets, including the installation of catch basins and pipes where they may be necessary for proper surface drainage. The requirements of this section shall not be satisfied by the construction of dry wells. The system shall be adequate to carry off or store the storm water and natural drainage water which originates within the development boundaries and that which originates beyond the development boundaries and passes through the development calculated on the basis of maximum potential developed as permitted under this ordinance. No storm water run-off or natural drainage water shall be so diverted as to change the drainage characteristics of abutting property, overload existing drainage systems, or create flooding or the need for additional drainage structures on other lands without proper and approved provisions being made for taking care of these conditions, including off-tract improvements. Drainage systems shall be designed and constructed to meet the criteria set forth in Section 525, Stormwater Runoff of this ordinance.
507.1.
A 100-year storm curve shall be used in computing storm water runoff from the drainage basin to determine the impact on the drainage system under consideration based on the duration time(s) which will give the maximum instantaneous discharges in each reach of the proposed system.
[Ord. No. 9-87; Ord. No. 2480-17]
507.2.
The pipe size determined to be adequate for the runoff computed shall be increased by at least one standard pipe size for the type of pipe being used in order to provide adequate allowance for the normal accumulation of sediment and debris in the storm drainage system. In no case shall the pipe size in a surface water drainage system be less than 15 inches in diameter.
[Ord. No. 2480-17]
507.3.
Catch basins shall be located at all intersections with inlets on both sides of the street at intervals of not more than 250 feet or such shorter distances as required to prevent the flow of surface water from exceeding six cubic feet per second at the catch basin inlet. Access manholes shall be placed at maximum 250-foot intervals throughout the system and at pipe junctions where there are no catch basins.
[Ord. No. 2480-17]
507.4.
Storm drain pipes running longitudinally along streets shall not be located under curbing.
[Ord. No. 2480-17]
507.5.
Specifications for manholes, inlets and storm drains shall follow the 1961 New Jersey State Highway specifications, as amended.
[Ord. No. 2480-17]
507.6.
For both major and minor developments, blocks and lots shall be graded to secure proper drainage away from all buildings and to prevent the collection of stormwater in pools and to avoid the concentration of stormwater from any lot to adjacent lots.
[Ord. No. 2480-17]
507.7.
Where a development is traversed by a watercourse, surface or underground drainage way, drainage system, channel, or stream, a drainage right-of-way easement shall be provided and dedicated to the Township conforming substantially with lines of such watercourse with such further width sufficient to accommodate expected stormwater runoff in the future based upon reasonable growth potential in the Township. A minimum of 15 feet beyond the bank top on at least one side shall be provided for access to the drainage right-of-way. The easement shall meet the minimum widths and locations shown on any adopted official map or Master Plan or as required under Section 508, Easements.
[Ord. No. 2480-17]
507.8.
When the drainage system includes underdrain and/or stone pockets, the course aggregate shall be separated from the surrounding soil by geotextile fabrics to be approved by the Engineer.
[Ord. No. 9-87; Ord. No. 2480-17]
§ DRZ-508 Easements.
§ DRZ-509 Environmental Impact Statement (EIS).
The purpose of the EIS is to compile information that will enable the developer to minimize adverse effects on the environment. A statement shall be required for all major subdivisions and major site plans, shall provide the information needed to evaluate the effects of a proposed development upon the environment, and shall include data, be distributed, reviewed and passed in accordance with the Design and Performance Standards of this ordinance. The applicant may request a preliminary determination from the approving authority on the environmental concerns to be addressed in the EIS, including items which may be omitted or waived as permitted in Section 509.7 of this section. The EIS shall include:
509.1.
A description of the development specifying what is to be done during construction and operation, as well as how it is to be done and alternate plans to achieve the objective(s);
509.2.
An inventory of the following on-site environmental conditions and an assessment of the probable impact of the development upon them: water supply; hydrology; geology; soils and their properties, including capabilities and limitations; sewerage; aquifers; storm water runoff; flooding; topography; slope; vegetation; wildlife habitat; aquatic organisms; noise characteristics and levels; land use; vehicular and pedestrian traffic; aesthetics, including the visual relationship to existing adjoining buildings; history and archaeology. Air and water quality shall be described with reference to standards promulgated by the Department of Environmental Protection of the State of New Jersey and soils shall be described with reference to Soil Conservation Service categories and characteristics. Special attention shall be paid to critical environmental areas, including but not limited to: waterways and flood plains; aquifer recharge areas; high-water table; steep slopes; highly erodible soil; mature stands of native vegetation; and extraordinary wildlife nesting, feeding, or breeding grounds;
509.3.
A listing of the licenses, permits, and approvals needed to be furnished by Federal, State, or County law, the status of these permits and approvals, and the conclusions and comments of the governmental agencies;
509.4.
An evaluation of any adverse environmental impacts which cannot be avoided. Particular emphasis shall be placed on air or water pollution; increase in noise, storm drainage, sedimentation, and siltation; effect upon vehicular and pedestrian traffic; increase in Township services, and consequences to the Township tax structure; and damage to flora and fauna;
509.5.
A description of steps to be taken to avoid or minimize adverse environmental impacts during construction and operation, including maps, schedules, and other explanatory data which clarify and explain these steps;
509.6.
The background and qualifications of those involved in its preparation;
509.7.
Notwithstanding the foregoing, the approving authority may waive the requirement for all or part of an EIS if sufficient evidence is submitted to support a conclusion that the proposed development will have slight or negligible environmental impact, or upon finding that the complete statement need not be prepared in order to evaluate the environmental impact of the development.
If the Planning Board finds that on the basis of the Natural Resources Inventory, an Environmental Impact Statement, or other evidence, the proposed development may cause an adverse environmental impact, the Planning Board may require the developer to pay, in addition to regular fees, additional amounts to cover the reasonable costs of reports by experts selected by the Planning Board regarding the environmental impact of the proposed development.
§ DRZ-510 (Reserved)
[Ord. No. 2151A-99; Ord. No. 2155-99; Ord. No. 2241-04; deleted by Ord. No. 2471-16]
§ DRZ-511 Fire protection.
Wherever a central water supply system exists, provision shall be made for fire hydrants along streets and/or on the walls of nonresidential structures as approved by the Township Fire Department and in accordance with fire insurance rating organization standards.
§ DRZ-512 Lighting.
[Ord. No. 9-87; Ord. No. 15-95; amended 8-13-2019 by Ord. No. 2539-19]
The purpose of this section is to set forth criteria to provide outdoor lighting to protect public health, security, and welfare; to protect drivers and pedestrians from the glare of nonvehicular light sources that shine into their eyes and thereby impair safe traverse; to protect neighbors and the night sky from nuisance glare and light trespass from poorly aimed, placed, applied or shielded light sources; and to promote conservation through efficient lighting design and reduction in energy consumption.
§ DRZ-512.1 Zones R-8, B-1, B-2, B-3, B-4, OR-1, OR-2, OR-3, CMO, CD, R-O, and C-E.
a.
All area lighting for parking lots and security shall provide translucent fixtures with shields around the light source. The light intensity provided at ground level shall average between 0.5 and 1.0 footcandle over the entire area, with a maximum of 10 footcandles at any point. The uniformity ratios shall be as follows: average-to-minimum uniformity ratio < 4; maximum-to-minimum uniformity ratio < 10. Outdoor lighting for all purposes, except the lighting of one- and two-family dwellings, shall be shown on the site plan and shall be subject to site plan approval by the approving authority. A site lighting and illumination plan shall be submitted in sufficient detail to evaluate its conformance with the requirements of this section and shall include the following:
1.
A scalable drawing of the site with all outdoor light fixtures clearly depicted and accurately located.
2.
Specifications for all light fixtures for each fixture type, including manufacturer, model, shape, dimensions, color, lamp type, wattage, rated initial light output in lumens, reflector and lens type, shielding, etc.
3.
Mounting pole shape, material, color, and foundation details.
4.
Mounting heights, details, shielding, tilt angles, and orientations.
5.
A photometric plan providing illumination levels in footcandles, upon the points of a 10 foot by 10 foot calculation grid, superimposed upon pavement areas and pedestrian walkways, as well as site boundaries.
6.
Tabulations demonstrating compliance with required uniformity ratios. Site plans with physically disjointed areas shall require a separate tabulation for each area.
7.
The approving authority shall make exception, where required, to permit increased average light intensity at ATM locations, as per N.J.S.A. 17:16K-10.
b.
No lighting source shall shine directly into or reflect onto windows of nearby residential properties. No lighting source shall shine directly or reflect onto streets and driveways in a manner which will induce glare or interfere with driver vision. All lighting shall be a warm or neutral white in color and shall be incandescent, light-emitting diode (LED), or high-intensity discharge (HID) lighting such as metal halide, high-pressure sodium, and mercury vapor. No lighting shall be of a rotating, pulsating, flashing, or other intermittent frequency. Signs constructed in accordance with the standards set forth in Section 609.10, Street Graphics, shall not be illuminated.
§ DRZ-512.2 Zones R-3, R-4, R-5, R-6, and R-7.
Lighting on one- and two-family residential properties, including accessory buildings or structures, shall be warm or neutral white in color and, further, shall be limited to incandescent or LED lighting, which is shielded to prevent glare onto streets and nearby properties and to prevent light trespass across property boundaries. No aboveground lighting of recreational facilities on one- and two-family residential properties shall be permitted, except as provided in Section 609.11 regarding swimming pools.
§ DRZ-513 (Reserved)
[Deleted by Ord. No. 2471-16]
§ DRZ-514 Monuments.
Monuments shall be the size and shape required by N.J.S.A. 46:23-9.11 of the Map Filing Law, as amended, and shall be placed in accordance with said statute and indicated on the final plat.
§ DRZ-515 (Reserved)
[Deleted by Ord. No. 2471-16]
§ DRZ-516 Off-street parking and loading.
[Ord. No. 9-87]
The standards set forth in this section apply only to uses requiring site plan approval, unless otherwise stated.
§ DRZ-516.1 Access to Parking Lots.
There shall be a maximum of two access drives to any street with their center lines spaced at least 56 feet apart, with no more than two lanes of traffic each, and with their center lines at least 30 feet from any property line. When the property along a street exceeds 500 feet in length, one access drive may be permitted for every 250 feet of frontage. Driveways with widths exceeding 24 feet shall be reviewed by the Planning Board with consideration to the width, curbing, traffic flow, radii of curves, and traffic lane divider.
§ DRZ-516.2 Access to Loading and Parking Spaces.
Individual spaces shall be served by interior driveways designed for vehicle access without the need for moving any other vehicle. Spaces shall not have direct access from public streets, major interior drives, or private roads. Dead-end aisles shall be avoided wherever possible.
§ DRZ-516.3 Buffers.
All loading areas and parking lots shall be buffered from adjoining streets, existing residential use, and residential zoning districts in accordance with Section 609.3, Buffers.
§ DRZ-516.4 Curbing.
All parking lots and loading areas shall have granite-block curbing around the perimeter of the parking and loading areas if needed in conjunction with an overall drainage plan. Curbing shall be either depressed at the driveway or have the curbing rounded at the corners with the access drive connected to the street in the same manner as a street. Curbing between vehicular and pedestrian ways shall be designed with ramps from the street or parking grade to the sidewalk which shall be no less frequent than one every 65 feet and located in accordance with a pedestrian circulation plan.
§ DRZ-516.5 Dimensions.
[Ord. No. 9-87]
a.
Off-street parking spaces shall be nine feet by 19 feet in accordance with the following schedule except that handicapped accessible parking spaces shall be in accordance with Section 516.5c.
Angle of Parking Space | One-Way Aisle | Two-Way Aisle | |
|---|---|---|---|
1. | 90° | 23 feet | 23 feet |
2. | 60° | 20 feet | 22 feet |
3. | 45° | 18 feet | 20 feet |
4. | 30° | 15 feet | 18 feet |
5. | Parallel | 12 feet | 18 feet |
b.
Off-street loading spaces shall have 15 feet of vertical clearance and be designed in accordance with the following schedule:
Loading Space | Apron 90° | 60° | ||
|---|---|---|---|---|
Length | Width | |||
1. | 60 feet | 10 feet | 72 feet | 66 feet |
2. | 60 feet | 12 feet | 63 feet | 57 feet |
3. | 60 feet | 14 feet | 60 feet | 54 feet |
c.
In all instances where parking lots are provided for buildings, 12 feet by 20 feet handicapped accessible parking spaces shall be located in one area, designated as parking for the handicapped and located so that access does not require passing behind parked cars. Handicapped parking requirements are contained in the following table:
Total Parking in Lot | Required # of Accessible Spaces |
|---|---|
1 to 50 | 1 |
51 to 200 | 2 |
Over 200 | 1% of total spaces in lot rounded up to the nearest whole number. |
§ DRZ-516.6 Drainage.
All parking and loading areas shall provide storm drainage in accordance with Section 507, Drainage.
§ DRZ-516.7 Surfacing.
Surfacing shall meet the specifications and standards set forth in "The Township of Millburn in the County of Essex, Standard Specifications."
§ DRZ-516.8 Landscaping.
Landscaping in and around parking lots and loading areas shall be shown on a landscaping plan. Trees shall be spaced so that they do not interfere with driver vision at intersections of driveways, streets, and the ends of parking rows; at least one tree for every 10 parking spaces shall be provided. All areas between the parking area, the building, and all pedestrian walkways shall be landscaped. All landscaped areas within the parking lot or loading area shall be elevated and protected by granite block curbing. Plantings which do not survive shall be replaced within one year or one growing season. A majority of the parking area shall be obscured from public streets and adjoining residential properties by buildings, landscaped berms, natural ground elevations, low evergreens or plantings, singularly or in combination. Shrubbery and tree species selected shall be resistant to pollutants typically found in parking areas.
§ DRZ-516.9 (Reserved)
[Deleted by Ord. No. 2307-07]
See Section 607.1 for Minimum Loading Requirements.
§ DRZ-516.10 (Reserved)
[Deleted by Ord. No. 2302-07]
See Section 607.2 for Minimum Parking Requirements.
§ DRZ-516.11 (Reserved)
[Deleted by Ord. No. 2302-07]
See Section 607.3 for Location of Parking and Loading Areas.
§ DRZ-516.12 (Reserved)
[Repealed by Ord. No. 9-87]
[Deleted by Ord. No. 2480-17]
§ DRZ-518 Public utilities.
All public services shall be connected to approved public utilities systems where they exist.
518.1.
The developer shall arrange with the servicing utility for the underground installation of the utility's distribution supply lines and service connections.
518.2.
Lots which abut existing streets where overhead utility lines and service connections have heretofore been installed may be supplied with service from those overhead lines, but the service connections from the overhead lines shall be installed underground. In the case of existing overhead utilities, should a roadway widening, or an extension of service, or other such condition occur as a result of the development and necessitate the replacement, relocation or extension of such utilities, such replacement, relocation, or extension shall be underground.
518.3.
The approving authority shall consider the appearance of any utility apparatus and determine whether screening is desirable or practical, and may impose such screening requirements on the developer.
518.4.
If the developer of a lot considers it a hardship to comply with the provisions of this Section because of soil conditions, rock formations, wooded areas, or other special conditions of the land, the developer may apply to the approving authority for an exception from the terms of this Section in accordance with the provisions of N.J.S.A. 40:55D-51. Where overhead lines are permitted as the exception, the alignments and pole locations shall be carefully routed to avoid locations along horizons, avoid the clearing of swaths through treed areas by selective cutting and a staggered alignment, by planting trees in open areas at key locations to minimize the views of the poles and alignments, by following rear lot lines and interior locations, and similar design and location considerations to lessen the visual impact of overhead lines.
518.5.
Any installation under this Section to be performed by a servicing utility shall be exempt from performance guarantees, but shall be subject to inspection by the Municipal Engineer if installed in a street right-of-way.
[Ord. No. 9-87]
§ DRZ-519 Recycling for multifamily housing developments.
519.1.
There shall be included in any new multifamily housing development that requires subdivision or site plan approval an indoor or outdoor recycling area for collection and storage of residentially-generated recyclable materials. The dimensions of the recycling area shall be sufficient to accommodate recycling bins or containers which are of adequate size and number, and which are consistent with anticipated usage and with current methods of collection in the area in which the project is located. The dimensions of the recycling area and the bins or containers shall be determined in consultation with the Township Recycling Coordinator, and shall be consistent with the district recycling plan adopted pursuant to N.J.S.A. 13:1E-99.13 and any applicable requirements of the Township Master Plan adopted pursuant to N.J.S.A. 40:55D-28.
519.2.
The recycling area shall be conveniently located for the residential disposition of source separated recyclable materials, preferably near, but clearly separated from, a refuse dumpster.
519.3.
The recycling area shall be well lit and shall be safely and easily accessible by recycling personnel and vehicles. Collection vehicles shall be able to access the recycling area without interference from parked cars or other obstacles. Reasonable measures shall be taken to protect the recycling area, and the bins or containers placed therein, against theft of recyclable materials, bins or containers.
519.4.
The recycling area or the bins or containers placed therein shall be designed so as to provide protection against adverse environmental conditions which might render the collected materials unmarketable. Any bins or containers which are used for the collection of recyclable paper or cardboard, and which are located in an outdoor recycling area, shall be equipped with a lid, or otherwise covered, so as to keep the paper or cardboard dry.
519.5.
Signs clearly identifying the recycling area and the materials accepted therein shall be posted adjacent to all points of access to the recycling area. Individual bins or containers shall be equipped with signs indicating the materials to be placed therein.
519.6.
Landscaping and/or fencing shall be provided around any outdoor recycling area and shall be developed in an aesthetically pleasing manner.
[Ord. No. 19-94]
§ DRZ-520 Sanitary sewers.
520.1.
The developer shall construct sewerage facilities to transport all sewage to a central sanitary sewage treatment and collection system. Individual or private septic systems are not permitted.
520.2.
Any sanitary sewage collection system shall be adequate to handle all present and probable future development. Alignments outside streets shall require easements or rights-of-way in accordance with Section 508, Easements.
§ DRZ-521 Shade trees.
All shade trees required under this ordinance shall have a minimum diameter of 2.5 inches measured three feet above the ground and be of a species acceptable to the approving authority. Trees shall be planted a maximum of 60 feet apart measured along the street line. Existing trees are to be preserved wherever possible by proper site planning, tree wells, retaining walls, or porous-fill techniques. They shall be planted between the building and the street line and shall be balled, burlapped, nursery grown, free from insects and disease, and true to species and variety. Uprooting or filling around trees on a lot shall not be permitted unless necessary to meet grading requirements. In any case, lots shall be replanted with trees to reestablish the landscape of the area and to conform with adjacent lots. Dead or dying trees shall be replaced by the developer during the next recommended planting season. This provision shall apply to all site plans and major subdivisions. Parking lots shall be planted as required in Section 516, Off-Street Parking and Loading.
§ DRZ-522 Sidewalks.
Sidewalks shall be required at the approving authority's discretion depending on the probable volume of pedestrian traffic, the street classification, school bus stops, the development's location in relation to other populated areas, and the general type of improvement intended. Where required, sidewalks shall conform to the specifications and standards set forth in "The Township of Millburn in the County of Essex, Standard Specifications."
§ DRZ-523 Sight triangles.
523.1.
Sight triangles shall be provided at street intersections. The area within sight triangles shall be either dedicated as part of the street right-of-way or set aside on a subdivision or site plan as a sight triangle easement. Within a sight triangle and its extension into the street right-of-way, no obstruction to vision shall be permitted between 2.5 feet and eight feet above the center line elevation of either intersecting street.
523.2.
The sight triangle is that area bounded by the intersecting street pavement edge lines and a straight line which connects "sight points" located on each of the two intersecting street pavement edge lines 50 feet from the intersection. Any proposed development requiring site plan approval shall provide sight triangle easements at each driveway. A sight triangle easement dedication shall be shown on the plan as follows: "Sight triangle easement subject to grading, planting, and construction restrictions as specified in the Millburn Township Development Regulations Ordinance." Portions of a lot set aside for the sight triangle may be calculated in determining the lot area and may be included in establishing the minimum setbacks required by the zoning provisions.
[Ord. No. 9-87]
523.3.
In areas not controlled by sight triangle easements, no obstruction to vision shall be permitted between 2.5 feet and eight feet above the center line elevation of either intersecting street within the area described in Section 523.2 above for sight triangle easements.
§ DRZ-524 Soil erosion and sediment control.
All site plans and major subdivisions shall incorporate soil erosion and sediment control plans developed in accordance with the requirements of the Soil Erosion and Sediment Control Act (C. 251, P.L. 1975).
§ DRZ-525 Stormwater runoff.
The provisions of this section apply to all major subdivisions and site plans.
525.1.
No land area shall be developed by any person such that:
a.
The rate of stormwater runoff occurring at the area is increased over what occurs under existing conditions;
b.
The drainage of adjacent areas is adversely affected;
c.
Soil erosion during and after development is increased over what naturally occurs;
d.
Soil absorption and ground water recharge capacity is adversely affected by the proposed development;
e.
The natural drainage pattern is significantly altered.
§ DRZ-525.1.1 Coverage of Dumpsters and Other Refuse Containers.
[Added by Ord. No. 2394-2012]
a.
Purpose. An ordinance requiring dumpsters and other refuse containers that are outdoors or exposed to stormwater to be covered at all times and prohibiting the spilling, dumping, leaking, or otherwise discharge of liquids, semi-liquids or solids from the containers to the municipal separate storm sewer system(s) operated by the Township of Millburn and/or the waters of the State so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.
b. MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) PERSON STORMWATER WATERS OF THE STATE
Definitions. Unless specifically defined below, words or phrases used in this ordinance shall be interpreted so as to give them the meaning they have in common usage and to give this ordinance its most reasonable application. For the purposes of this ordinance, the following terms, phrases, words, and their derivations shall have the meanings stated herein unless their use in the text of this chapter clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
A conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains) that is owned or operated by the Township of Millburn or other public body and is designed and used for collecting and conveying stormwater. MS4s do not include combined sewer systems, which are sewer systems that are designed to carry sanitary sewage at all times and to collect and transport stormwater from streets and other sources.
Any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.
Water resulting from precipitation (including rain and snow) that runs off the land's surface, is transmitted to the subsurface, is captured by separate storm sewers or other sewerage or drainage facilities, or is conveyed by snow removal equipment.
The ocean and its estuaries, all springs, streams and bodies of surface or ground water, whether natural or artificial, within the boundaries of the State of New Jersey or subject to its jurisdiction.
c.
Prohibited Conduct. Any person who controls, whether owned, leased, or operated, a refuse container or dumpster, must ensure that such container or dumpster is covered at all times and shall prevent refuse from spilling out or overflowing.
Any person who owns, leases or otherwise uses a refuse container or dumpster must ensure that such container or dumpster does not leak or otherwise discharge liquids, semi-liquids or solids to the municipal separate storm sewer system(s) operated by the Township of Millburn.
d.
Exceptions to Prohibition.
1.
Permitted temporary demolition containers.
2.
Litter receptacles (other than dumpsters or other bulk containers)
3.
Individual homeowner trash and recycling containers.
4.
Refuse containers at facilities authorized to discharge stormwater under a valid NJPDES permit.
5.
Large bulky items (e.g., furniture, bound carpet and padding, white goods placed curbside for pickup).
e.
Enforcement. This ordinance shall be enforced by the Engineer of the Township of Millburn.
f.
Penalties. Any person(s) who is found to be in violation of the provisions of this ordinance shall be subject to the penalties stated in Section 419, Violations and Penalties.
§ DRZ-525.1.2 Retrofitting of Existing Private Storm Drain Inlets.
[Added by Ord. No. 2395-12]
a.
Purpose. An ordinance requiring the retrofitting of existing storm drain inlets which are in direct contact with repaving, repairing, reconstruction, or resurfacing or alterations of facilities on private property, to prevent the discharge of solids and floatables (such as plastic bottles, cans, food wrappers and other litter) to the municipal separate storm sewer system(s) operated by the Township of Millburn so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.
b. MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) PERSON STORM DRAIN INLET WATERS OF THE STATE
Definitions. Unless specifically defined below, words or phrases used in this ordinance shall be interpreted so as to give them the meaning they have in common usage and to give this ordinance its most reasonable application. For the purposes of this ordinance, the following terms, phrases, words, and their derivations shall have the meanings stated herein unless their use in the text of this chapter clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
A conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains) that is owned or operated by the Township of Millburn or other public body and is designed and used for collecting and conveying stormwater. MS4s do not include combined sewer systems, which are sewer systems that are designed to carry sanitary sewage at all times and to collect and transport stormwater from streets and other sources.
Any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.
An opening in a storm drain used to collect stormwater runoff and includes, but is not limited to, a grate inlet, curb-opening inlet, slotted inlet, and combination inlet.
The ocean and its estuaries, all springs, streams and bodies of surface or ground water, whether natural or artificial, within the boundaries of the State of New Jersey or subject to its jurisdiction.
c.
Prohibited Conduct. No person in control of private property (except a residential lot with one single-family house) shall authorize the repaving, repairing (excluding the repair of individual potholes), resurfacing (including top coating or chip sealing with asphalt emulsion or a thin base of hot bitumen), reconstructing or altering any surface that is in direct contact with an existing storm drain inlet on that property unless the storm drain inlet either:
d.
Design Standard. Storm drain inlets identified in paragraph c above shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets. For purposes of this paragraph, "solid and floatable materials" means sediment, debris, trash, and other floating, suspended, or settleable solids. For exemptions to this standard see paragraph d3 below.
1.
Design engineers shall use either of the following grates whenever they use a grate in pavement or another ground surface to collect stormwater from that surface into a storm drain or surface water body under that grate:
(a)
The New Jersey Department of Transportation (NJDOT) bicycle safe grate, which is described in Chapter 2.4 of the NJDOT Bicycle Compatible Roadways and Bikeways Planning and Design Guidelines (April 1996); or
(b)
A different grate, if each individual clear space in that grate has an area of no more than seven square inches, or is no greater than 0.5 inches across the smallest dimension.
Examples of grates subject to this standard include grates in grate inlets, the grate portion (non-curb-opening portion) of combination inlets, grates on storm sewer manholes, ditch grates, trench grates, and grates of spacer bars in slotted drains. Examples of ground surfaces include surfaces of roads (including bridges), driveways, parking areas, bikeways, plazas, sidewalks, lawns, fields, open channels, and stormwater basin floors.
2.
Whenever design engineers use a curb-opening inlet, the clear space in that curb opening (or each individual clear space, if the curb opening has two or more clear spaces) shall have an area of no more than 7.0 square inches, or be no greater than 2.0 inches across the smallest dimension.
3.
This standard does not apply:
(a)
Where the Municipal Engineer agrees that this standard would cause inadequate hydraulic performance that could not practicably be overcome by using additional or larger storm drain inlets that meet these standards;
(b)
Where flows are conveyed through any device (e.g., end of pipe netting facility, manufactured treatment device, or a catch basin hood) that is designed, at a minimum, to prevent delivery of all solid and floatable materials that could not pass through one of the following:
(c)
Where flows are conveyed through a trash rack that has parallel bars with one-inch spacing between the bars; or
(d)
Where the New Jersey Department of Environmental Protection determines, pursuant to the New Jersey Register of Historic Places Rules at N.J.A.C. 7:4-7.2(c), that action to meet this standard is an undertaking that constitutes an encroachment or will damage or destroy the New Jersey Register listed historic property.
e.
Enforcement. This ordinance shall be enforced by the Engineer of the Township of Millburn.
f.
Penalties. Any person(s) who is found to be in violation of the provisions of this ordinance shall be subject to the penalties stated in Section 419, Violations and Penalties, for each storm drain inlet that is not retrofitted to meet the design standard.
§ DRZ-525.2 On-Site Stormwater Detention and/or Ground Absorption Systems.
In order to duplicate as nearly as possible natural drainage conditions, regulation and control of stormwater runoff and erosion for any land area to be developed shall be through on-site stormwater detention and/or ground absorption systems which include, but are not limited to, the following:
a.
Detention areas, which may be excavated basins, basins created through use of curbs, stabilized earthen berms or dikes, or any other form of grading which serves to temporarily impound and store water;
b.
Rooftop storage through temporary impoundment and storage of stormwater on flat or slightly pitched building rooftops by use of drain outlets which restrict the stormwater runoff from the roof surface;
c.
Drywells or leeching basins which control stormwater runoff through ground absorption and temporary storage;
d.
(Reserved)
[Ord. No. 9-87]
e.
Any system of porous media, such as gravel trenches drained by porous wall or perforated pipe, which temporarily stores and dissipates stormwater through ground absorption;
f.
Any combination of the above-mentioned techniques which limits stormwater runoff from a given site to what presently occurs there.
§ DRZ-525.3 Stormwater Control.
[Established by Ord. No. 2274-06; amended 3-9-2021 by Ord. No. 2569-21]
a.
Scope and Purpose. Stormwater management measures for "major development," as defined in Section 525.3b, shall be established to meet the erosion control, groundwater recharge, stormwater runoff quantity and stormwater quality standards, in accordance with the Municipal Stormwater Regulation Program, established by the State of New Jersey and in this section.
1.
Policy Statement. Flood control, groundwater recharge, and pollutant reduction shall be achieved through the use of stormwater management measures, including green infrastructure Best Management Practices (GI BMPs) and nonstructural stormwater management strategies. GI BMPs and low-impact development (LID) should be utilized to meet the goal of maintaining natural hydrology to reduce stormwater runoff volume, reduce erosion, encourage infiltration and groundwater recharge, and reduce pollution. GI BMPs and LID should be developed based upon physical site conditions and the origin, nature and the anticipated quantity, or amount, of potential pollutants. Multiple stormwater management BMPs may be necessary to achieve the established performance standards for water quality, quantity, and groundwater recharge.
2.
Purpose. The purpose of this Section 525.3 is to establish minimum stormwater management requirements and controls for "major development," as defined below in Section 525.3b.
3.
4.
Compatibility with Other Permit and Ordinance Requirements. Development approvals issued pursuant to this ordinance are to be considered an integral part of development approvals and do not relieve the applicant of the responsibility to secure required permits or approvals for activities regulated by any other applicable code, rule, act, or ordinance. In their interpretation and application, the provisions of this section shall be held to be the minimum requirements for the promotion of the public health, safety, and general welfare. This section is not intended to interfere with, abrogate, or annul any other ordinances, rule or regulation, statute, or other provision of law except that, where any provision of this section imposes restrictions different from those imposed by any other ordinance, rule or regulation, or other provision of law, the more restrictive provisions or higher standards shall control.
b. CAFRA CENTERS, CORES OR NODES CAFRA PLANNING MAP COMMUNITY BASIN COMPACTION CONTRIBUTORY DRAINAGE AREA CORE COUNTY REVIEW AGENCY DEPARTMENT DESIGN ENGINEER DESIGNATED CENTER DEVELOPMENT DISTURBANCE DRAINAGE AREA EMPOWERMENT NEIGHBORHOODS ENVIRONMENTALLY CONSTRAINED AREA ENVIRONMENTALLY CRITICAL AREA EROSION GREEN INFRASTRUCTURE HUC 14 or HYDROLOGIC UNIT CODE 14 IMPERVIOUS SURFACE INFILTRATION LEAD PLANNING AGENCY MAJOR DEVELOPMENT1. 2. 3. 4.
MOTOR VEHICLE MUNICIPALITY NEW JERSEY STORMWATER BEST MANAGEMENT PRACTICES (BMP) MANUAL or BMP MANUAL NODE NUTRIENT PERSON POLLUTANT RECHARGE REGULATED IMPERVIOUS SURFACE1. 2. 3. 4. REGULATED MOTOR VEHICLE SURFACE1. 2. SEDIMENT SITE SOIL STATE DEVELOPMENT AND REDEVELOPMENT PLAN METROPOLITAN PLANNING AREA (PA1) STATE PLAN POLICY MAP STORMWATER STORMWATER MANAGEMENT BMP STORMWATER MANAGEMENT MEASURE STORMWATER MANAGEMENT PLANNING AGENCY STORMWATER MANAGEMENT PLANNING AREA STORMWATER RUNOFF TIDAL FLOOD HAZARD AREA URBAN COORDINATING COUNCIL EMPOWERMENT NEIGHBORHOOD URBAN ENTERPRISE ZONES URBAN REDEVELOPMENT AREA WATER CONTROL STRUCTURE WATERS OF THE STATE WETLANDS or WETLAND
Definitions. 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 chapter 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 Stormwater Management Rules at N.J.A.C. 7:8-1.2.
Those areas with boundaries incorporated by reference or revised by the Department in accordance with N.J.A.C. 7:7-13.16.
The map used by the Department to identify the location of Coastal Planning Areas, CAFRA centers, CAFRA cores, and CAFRA nodes. The CAFRA Planning Map is available on the Department's Geographic Information System (GIS).
An infiltration system, sand filter designed to infiltrate, standard constructed wetland, or wet pond, established in accordance with N.J.A.C. 7:8- 4.2(c)14, that is designed and constructed in accordance with the New Jersey Stormwater Best Management Practices Manual, or an alternate design, approved in accordance with N.J.A.C. 7:8-5.2(g), for an infiltration system, sand filter designed to infiltrate, standard constructed wetland, or wet pond and that complies with the requirements of this chapter.
The increase in soil bulk density.
The area from which stormwater runoff drains to a stormwater management measure, not including the area of the stormwater management measure itself.
A pedestrian-oriented area of commercial and civic uses serving the surrounding municipality, generally including housing and access to public transportation.
An agency designated by the County Board of Chosen Freeholders to review municipal stormwater management plans and implementing ordinance(s). The county review agency may either be:
The Department of Environmental Protection.
A person professionally qualified and duly licensed in New Jersey to perform engineering services that may include, but not necessarily be limited to, development of project requirements, creation and development of project design and preparation of drawings and specifications.
A State Development and Redevelopment Plan Center as designated by the State Planning Commission such as urban, regional, town, village, or hamlet.
The division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation or enlargeenlargement of any building or structure, any mining excavation or landfill, and any use or change in the use of any building or other structure, or land or extension of use of land, for which permission is required under the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq. In the case of development of agricultural land, development means: any activity that requires a state permit, any activity reviewed by the County Agricultural Board (CAB) and the State Agricultural Development Committee (SADC), and municipal review of any activity not exempted by the Right to Farm Act, N.J.S.A 4:1C-1 et seq.
The placement or reconstruction of impervious surface or motor vehicle surface, or exposure and/or movement of soil or bedrock or clearing, cutting, or removing of vegetation. Milling and repaving is not considered disturbance for the purposes of this definition.
A geographic area within which stormwater, sediments, or dissolved materials drain to a particular receiving water body or to a particular point along a receiving water body.
Neighborhoods designated by the Urban Coordinating Council "in consultation and conjunction with" the New Jersey Redevelopment Authority pursuant to N.J.S.A 55:19-69.
The following areas where the physical alteration of the land is in some way restricted, either through regulation, easement, deed restriction or ownership such as: wetlands, floodplains, threatened and endangered species sites or designated habitats, and parks and preserves. Habitats of endangered or threatened species are identified using the Department's Landscape Project as approved by the Department's Endangered and Nongame Species Program.
An area or feature which is of significant environmental value, including but not limited to: stream corridors, natural heritage priority sites, habitats of endangered or threatened species, large areas of contiguous open space or upland forest, steep slopes, and well head protection and groundwater recharge areas. Habitats of endangered or threatened species are identified using the Department's Landscape Project as approved by the Department's Endangered and Nongame Species Program.
The detachment and movement of soil or rock fragments by water, wind, ice, or gravity.
A stormwater management measure that manages stormwater close to its source by:
An area within which water drains to a particular receiving surface water body, also known as a subwatershed, which is identified by a fourteen-digit hydrologic unit boundary designation, delineated within New Jersey by the United States Geological Survey.
A surface that has been covered with a layer of material so that it is highly resistant to infiltration by water.
The process by which water seeps into the soil from precipitation.
One or more public entities having stormwater management planning authority designated by the regional stormwater management planning committee pursuant to N.J.A.C. 7:8-3.2, that serves as the primary representative of the committee.
An individual "development," as well as multiple developments that individually or collectively result in:
The disturbance of one or more acres of land since February 2, 2004;
The creation of 1/4 acre or more of "regulated impervious surface" since February 2, 2004;
The creation of 1/4 acre or more of "regulated motor vehicle surface" since March 2, 2021; or
A combination of Subsection 2 and 3 above that totals an area of one-quarter acre or more. The same surface shall not be counted twice when determining if the combination area equals one-quarter acre or more.
Major development includes all developments that are part of a common plan of development or sale (for example, phased residential development) that collectively or individually meet any one or more of Subsection 1, 2, 3, or 4 above. Projects undertaken by any government agency that otherwise meet the definition of "major development" but which do not require approval under the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., are also considered "major development." |
Land vehicles propelled other than by muscular power, such as automobiles, motorcycles, autocycles, and low-speed vehicles. For the purposes of this definition, motor vehicle does not include farm equipment, snowmobiles, allterrain vehicles, motorized wheelchairs, go-carts, gas buggies, golf carts, ski-slope grooming machines, or vehicles that run only on rails or tracks. "Motor vehicle surface" means any pervious or impervious surface that is intended to be used by "motor vehicles" and/or aircraft, and is directly exposed to precipitation, including, but not limited to, driveways, parking areas, parking garages, roads, racetracks, and runways.
Any city, borough, town, township, or village.
The manual maintained by the Department providing, in part, design specifications, removal rates, calculation methods, and soil testing procedures approved by the Department as being capable of contributing to the achievement of the stormwater management standards specified in this chapter. The BMP Manual is periodically amended by the Department as necessary to provide design specifications on additional best management practices and new information on already included practices reflecting the best available current information regarding the particular practice and the Department's determination as to the ability of that best management practice to contribute to compliance with the standards contained in this chapter. Alternative stormwater management measures, removal rates, or calculation methods may be utilized, subject to any limitations specified in this chapter, provided the design engineer demonstrates to the municipality, in accordance with Subsection d6 of this section and N.J.A.C. 7:8-5.2(g), that the proposed measure and its design will contribute to achievement of the design and performance standards established by this chapter.
An area designated by the State Planning Commission concentrating facilities and activities which are not organized in a compact form.
A chemical element or compound, such as nitrogen or phosphorus, which is essential to and promotes the development of organisms.
Any individual, corporation, company, partnership, firm, association, political subdivision of this state and any state, interstate or federal agency.
Any dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, refuse, oil, grease, sewage sludge, munitions, chemical wastes, biological materials, medical wastes, radioactive substance [except those regulated under the Atomic Energy Act of 1954, as amended (42 U.S.C. §§ 2011 et seq.)], thermal waste, wrecked or discarded equipment, rock, sand, cellar dirt, industrial, municipal, agricultural, and construction waste or runoff, or other residue discharged directly or indirectly to the land, 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 of impervious surface;
The total area of impervious surface collected by a new stormwater conveyance system (for the purpose of this definition, a "new stormwater conveyance system" is a stormwater conveyance system that is constructed where one did not exist immediately prior to its construction or an existing system for which a new discharge location is created);
The total area of impervious surface proposed to be newly collected by an existing stormwater conveyance system; and/or
The total area of impervious surface collected by an existing stormwater conveyance system where the capacity of that conveyance system is increased.
Any of the following, alone or in combination:
The total area of motor vehicle surface that is currently receiving water;
A net increase in motor vehicle surface; and/or quality treatment either by vegetation or soil, by an existing stormwater management measure, or by treatment at a wastewater treatment plant, where the water quality treatment will be modified or removed.
Solid material, mineral or organic, that is in suspension, is being transported, or has been moved from its site of origin by air, water or gravity as a product of erosion.
The lot or lots upon which a major development is to occur or has occurred.
All unconsolidated mineral and organic material of any origin.
An area delineated on the State Plan Policy Map and adopted by the State Planning Commission that is intended to be the focus for much of the State's future redevelopment and revitalization efforts.
The geographic application of the State Development and Redevelopment Plan's goals and statewide policies, and the official map of these goals and policies.
Water resulting from precipitation (including rain and snow) that runs off the land's surface, is transmitted to the subsurface, or is captured by separate storm sewers or other sewage or drainage facilities, or conveyed by snow removal equipment.
An excavation or embankment and related areas designed to retain stormwater runoff. A stormwater management 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.
A public body authorized by legislation to prepare stormwater management plans.
The geographic area for which a stormwater management planning agency is authorized to prepare stormwater management plans, or a specific portion of that area identified in a stormwater management plan prepared by that agency.
Water flow on the surface of the ground or in storm sewers, resulting from precipitation.
A flood hazard area in which the flood elevation resulting from the two-, ten-, or 100-year storm, as applicable, is governed by tidal flooding from the Atlantic Ocean. Flooding in a tidal flood hazard area may be contributed to, or influenced by, stormwater runoff from inland areas, but the depth of flooding generated by the tidal rise and fall of the Atlantic Ocean is greater than flooding from any fluvial sources. In some situations, depending upon the extent of the storm surge from a particular storm event, a flood hazard area may be tidal in the 100-year storm, but fluvial in more frequent storm events.
A neighborhood given priority access to state resources through the New Jersey Redevelopment Authority.
A zone designated by the New Jersey Enterprise Zone Authority pursuant to the New Jersey Urban Enterprise Zones Act, N.J.S.A. 52:27H-60 et seq.
Previously developed portions of areas:
A structure within, or adjacent to, a water, which intentionally or coincidentally alters the hydraulic capacity, the flood elevation resulting from the two-, ten-, or 100-year storm, flood hazard area limit, and/or floodway limit of the water. Examples of a water control structure may include a bridge, culvert, dam, embankment, ford (if above grade), retaining wall, and weir.
The ocean and its estuaries, all springs, streams, wetlands, and bodies of surface or groundwater, whether natural or artificial, within the boundaries of the State of New Jersey or subject to its jurisdiction.
An area that is inundated or saturated by surface water or ground water at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as hydrophytic vegetation.
c.
Design and Performance Standards for Stormwater Management Measures.
1.
Stormwater management measures for major development shall be designed to provide erosion control, groundwater recharge, stormwater runoff quantity control, and stormwater runoff quality treatment as follows:
(a)
The minimum standards for erosion control are those established under the Soil and Sediment Control Act, N.J.S.A. 4:24-39 et seq., and implementing rules at N.J.A.C. 2:90.
(b)
The minimum standards for groundwater recharge, stormwater quality, and stormwater runoff quantity shall be met by incorporating green infrastructure.
2.
The standards in this Section 525.3 apply only to new major development and are intended to minimize the impact of stormwater runoff on water quality and water quantity in receiving water bodies and maintain groundwater recharge. The standards do not apply to new major development to the extent that alternative design and performance standards are applicable under a regional stormwater management plan or water quality management plan adopted in accordance with Department rules.
Note: Alternative standards shall provide at least as much protection from stormwater-related loss of groundwater recharge, stormwater quantity and water quality impacts of major development projects as would be provided under the standards in N.J.A.C. 7:8-5.
d.
Stormwater Management Requirements for Major Development.
1.
The development shall incorporate a maintenance plan for the stormwater management measures incorporated into the design of a major development in accordance with Subsection j, Maintenance and Repair.
2.
Stormwater management measures shall avoid adverse impacts of concentrated flow on habitat for threatened and endangered species as documented in the Department's Landscape Project or Natural Heritage Database established under N.J.S.A. 13:1B-15.147 through 15.150, particularly Helonias bullata (swamp pink) and/or Clemmys muhlenbergii (bog turtle).
3.
The following linear development projects are exempt from the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity requirements of Subsection d16, 17, and 18.
(a)
The construction of an underground utility line, provided that the disturbed areas are revegetated upon completion;
(b)
The construction of an aboveground utility line, provided that the existing conditions are maintained to the maximum extent practicable; and
(c)
The construction of a public pedestrian access, such as a sidewalk or trail with a maximum width of 14 feet, provided that the access is made of permeable material.
4.
A waiver from strict compliance from the green infrastructure, groundwater recharge, stormwater runoff quality, and stormwater runoff quantity requirements of Subsection d15, 16, 17, and 18 may be obtained for the enlargement of an existing public roadway or railroad; or the construction or enlargement of a public pedestrian access, provided that the following conditions are met:
(a)
The applicant demonstrates that there is a public need for the project that cannot be accomplished by any other means;
(b)
The applicant demonstrates through an alternatives analysis, that through the use of stormwater management measures, the option selected complies with the requirements of Subsection d15, 16, 17, and 18 to the maximum extent practicable;
(c)
The applicant demonstrates that, in order to meet the requirements of Subsection d15, 16, 17, and 18, existing structures currently in use, such as homes and buildings, would need to be condemned; and
(d)
The applicant demonstrates that it does not own or have other rights to areas, including the potential to obtain through condemnation lands not falling under Subsection d4(c) above within the upstream drainage area of the receiving stream, that would provide additional opportunities to mitigate the requirements of Subsection d15, 16, 17, and 18 that were not achievable on-site.
5.
Tables 1 through 3 below summarize the ability of stormwater best management practices identified and described in the New Jersey Stormwater Best Management Practices Manual to satisfy the green infrastructure, groundwater recharge, stormwater runoff quality and stormwater runoff quantity standards specified in Subsection d15, 16, 17, and 18. When designed in accordance with the most current version of the New Jersey Stormwater Best Management Practices Manual, the stormwater management measures found at N.J.A.C. 7:8-5.2(f) Tables 5-1, 5-2 and 5-3 and listed below in Tables 1, 2 and 3 are presumed to be capable of providing stormwater controls for the design and performance standards as outlined in the tables below. Upon amendments of the New Jersey Stormwater Best Management Practices to reflect additions or deletions of BMPs meeting these standards, or changes in the presumed performance of BMPs designed in accordance with the New Jersey Stormwater BMP Manual, the Department shall publish in the New Jersey Registers a notice of administrative change revising the applicable table. The most current version of the BMP Manual can be found on the Department's website at: https://njstormwater.org/bmp_manual2.htm.
6.
Where the BMP tables in the NJ Stormwater Management Rule are different due to updates or amendments with the tables in this section the BMP Tables in the Stormwater Management rule at N.J.A.C. 7:8-5.2(f) shall take precedence.
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 | Stormwater Runoff Quantity | Groundwater Recharge | Minimum Separation from Seasonal High Water Table (feet) |
Cistern | 0% | Yes | No | — |
Dry well(a) | 0% | No | Yes | 2 |
Grass swale | 50% or less | No | No | 2(e) 1(f) |
Green roof | 0% | Yes | No | — |
Manufactured treatment device(a)(g) | 50% or 80% | No | No | Dependent upon the device |
Pervious paving system(a) | 80% | Yes | Yes(b) No(c) | 2(b) 1(c) |
Small-scale bioretention basin(a) | 80% or 90% | Yes | Yes(b) No(c) | 2(b) 1(c) |
Small-scale infiltration basin(a) | 80% | Yes | Yes | 2 |
Small-scale sand filter | 80% | Yes | Yes | 2 |
Vegetative filter strip | 60% to 80% | No | No | — |
Table 2 Green Infrastructure BMPs for Stormwater Runoff Quantity (or for Groundwater Recharge and/or Stormwater Runoff Quality with a Waiver or Variance from N.J.A.C. 7:8-5.3) | ||||
|---|---|---|---|---|
Best Management Practice | Stormwater Runoff Quality TSS Removal Rate | Stormwater Runoff Quantity | Groundwater Recharge | Minimum Separation from Seasonal High Water Table (feet) |
Bioretention system | 80% or 90% | Yes | Yes(b) No(c) | 2(b) 1(c) |
Infiltration basin | 80% | Yes | Yes | 2 |
Sand filter(b) | 80% | Yes | Yes | 2 |
Standard constructed wetland | 90% | Yes | No | N/A |
Wet pond(d) | 50% to 90% | Yes | No | N/A |
(Notes corresponding to annotations (b) through (d) are found beneath Table 3.) |
Table 3 BMPs for Groundwater Recharge, Stormwater Runoff Quality, and/or Stormwater Runoff Quantity only with a Waiver or Variance from N.J.A.C. 7:8-5.3 | ||||
|---|---|---|---|---|
Best Management Practice | Stormwater Runoff Quality TSS Removal Rate | Stormwater Runoff Quantity | Groundwater Recharge | Minimum Separation from Seasonal High Water Table (feet) |
Blue roof | 0% | Yes | No | N/A |
Extended detention basin | 40% to 60% | Yes | No | 1 |
Manufactured treatment device(h) | 50% or 80% | No | No | Dependent upon the device |
Sand filter(c) | 80% | Yes | No | 1 |
Subsurface gravel wetland | 90% | No | No | 1 |
Wet pond | 50% to 90% | Yes | No | N/A |
Notes to Tables 1, 2, and 3: | |
(a) | Subject to the applicable contributory drainage area limitation specified at Subsection d15(b); |
(b) | Designed to infiltrate into the subsoil; |
(c) | Designed with underdrains; |
(d) | Designed to maintain at least a ten-foot-wide area of native vegetation along at least 50% of the shoreline and to include a stormwater runoff retention component designed to capture stormwater runoff for beneficial reuse, such as irrigation; |
(e) | Designed with a slope of less than 2%; |
(f) | Designed with a slope of equal to or greater than 2%; |
(g) | Manufactured treatment devices that meet the definition of green infrastructure at Subsection b; |
(h) | Manufactured treatment devices that do not meet the definition of green infrastructure at Subsection b. |
7.
An alternative stormwater management measure, alternative removal rate, and/or alternative method to calculate the removal rate may be used if the design engineer demonstrates the capability of the proposed alternative stormwater management measure and/or the validity of the alternative rate or method to the municipality. A copy of any approved alternative stormwater management measure, alternative removal rate, and/or alternative method to calculate the removal rate shall be provided to the Department in accordance with Subsection f2. Alternative stormwater management measures may be used to satisfy the requirements at Subsection d15 only if the measures meet the definition of green infrastructure at Subsection b. Alternative stormwater management measures that function in a similar manner to a BMP listed at Subsection d15(b) are subject to the contributory drainage area limitation specified at Subsection d15(b) for that similarly functioning BMP. Alternative stormwater management measures approved in accordance with this subsection that do not function in a similar manner to any BMP listed at Subsection d15(b) shall have a contributory drainage area less than or equal to 2.5 acres, except for alternative stormwater management measures that function similarly to cisterns, grass swales, green roofs, standard constructed wetlands, vegetative filter strips, and wet ponds, which are not subject to a contributory drainage area limitation. Alternative measures that function similarly to standard constructed wetlands or wet ponds shall not be used for compliance with the stormwater runoff quality standard unless a variance in accordance with N.J.A.C. 7:8-4.6 or a waiver from strict compliance in accordance with Subsection d4 is granted from Subsection d15.
8.
Whenever the stormwater management design includes one or more BMPs that will infiltrate stormwater into subsoil, the design engineer shall assess the hydraulic impact on the groundwater table and design the site, so as to avoid adverse hydraulic impacts. Potential adverse hydraulic impacts include, but are not limited to, exacerbating a naturally or seasonally high water table, so as to cause surficial ponding, flooding of basements, or interference with the proper operation of subsurface sewage disposal systems or other subsurface structures within the zone of influence of the groundwater mound, or interference with the proper functioning of the stormwater management measure itself.
9.
Design standards for stormwater management measures are as follows:
(a)
Stormwater management measures shall be designed to take into account the existing site conditions, including, but not limited to, environmentally critical areas; wetlands; flood-prone areas; slopes; depth to seasonal high-water table; soil type, permeability, and texture; drainage area and drainage patterns; and the presence of solution-prone carbonate rocks (limestone);
(b)
Stormwater management measures shall be designed to minimize maintenance, facilitate maintenance and repairs, and ensure proper functioning. Trash racks shall be installed at the intake to the outlet structure, as appropriate, and shall have parallel bars with one-inch spacing between the bars to the elevation of the water quality design storm. For elevations higher than the water quality design storm, the parallel bars at the outlet structure shall be spaced no greater than 1/3 the width of the diameter of the orifice or 1/3 the width of the weir, with a minimum spacing between bars of one inch and a maximum spacing between bars of six inches. In addition, the design of trash racks must comply with the requirements of Subsection h3;
(c)
Stormwater management measures shall be designed, constructed, and installed to be strong, durable, and corrosion resistant. Measures that are consistent with the relevant portions of the Residential Site Improvement Standards at N.J.A.C. 5:21-7.3, 7.4, and 7.5 shall be deemed to meet this requirement;
(d)
Stormwater management BMPs shall be designed to meet the minimum safety standards for stormwater management BMPs at Subsection h; and
(e)
The size of the orifice at the intake to the outlet from the stormwater management BMP shall be a minimum of 2 1/2 inches in diameter.
10.
Manufactured treatment devices may be used to meet the requirements of this subchapter, provided the pollutant removal rates are verified by the New Jersey Corporation for Advanced Technology and certified by the Department. Manufactured treatment devices that do not meet the definition of green infrastructure at Subsection b may be used only under the circumstances described at Subsection d15(d).
11.
Any application for a new agricultural development that meets the definition of major development at Subsection b shall be submitted to the Soil Conservation District for review and approval in accordance with the requirements at Subsection d15, 16, 17, and 18 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.
12.
If there is more than one drainage area, the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at Subsection d16, 17, and 18 shall be met in each drainage area, unless the runoff from the drainage areas converge on-site and no adverse environmental impact would occur as a result of compliance with any one or more of the individual standards being determined utilizing a weighted average of the results achieved for that individual standard across the affected drainage areas.
13.
Any stormwater management measure authorized under the municipal stormwater management plan or ordinance shall be reflected in a deed notice recorded in the Office of the Essex County Clerk. 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 d15, 16, 17, and 18 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 j2(e). 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.
14.
A stormwater management measure approved under the municipal stormwater management plan or ordinance may be altered or replaced with the approval of the municipality, if the municipality determines that the proposed alteration or replacement meets the design and performance standards pursuant to Subsection d of this section and provides the same level of stormwater management as the previously approved stormwater management measure that is being altered or replaced. If an alteration or replacement is approved, a revised deed notice shall be submitted to the municipality for approval and subsequently recorded with the Office of the Essex County Clerk and shall contain a description and location of the stormwater management measure, as well as reference to the maintenance plan, in accordance with Subsection d13 above. Prior to the commencement of construction, proof that the above required deed notice has been filed shall be submitted to the municipality in accordance with Subsection d13 above.
15.
Green Infrastructure Standards.
(a)
This subsection specifies the types of green infrastructure BMPs that may be used to satisfy the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards.
(b)
To satisfy the groundwater recharge and stormwater runoff quality standards at Subsection d16 and 17, the design engineer shall utilize green infrastructure BMPs identified in Table 1 at Subsection d6 and/or an alternative stormwater management measure approved in accordance with Subsection d7. The following green infrastructure BMPs are subject to the following maximum contributory drainage area limitations:
Best Management Practice | Maximum Contributory Drainage Area |
|---|---|
Dry well | 1 acre |
Manufactured treatment device | 2.5 acres |
Pervious pavement systems | Area of additional inflow cannot exceed three times the area occupied by the BMP |
Small-scale bioretention systems | 2.5 acres |
Small-scale infiltration basin | 2.5 acres |
Small-scale sand filter | 2.5 acres |
(c)
To satisfy the stormwater runoff quantity standards at Subsection d18, the design engineer shall utilize BMPs from Table 1 or from Table 2 and/or an alternative stormwater management measure approved in accordance with Subsection d7.
(d)
If a variance in accordance with N.J.A.C. 7:8-4.6 or a waiver from strict compliance in accordance with Subsection d4 is granted from the requirements of this subsection, then BMPs from Table 1, 2, or 3, and/or an alternative stormwater management measure approved in accordance with Subsection d7 may be used to meet the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at Subsection d16, 17, and 18.
(e)
For separate or combined storm sewer improvement projects, such as sewer separation, undertaken by a government agency or public utility (for example, a sewerage company), the requirements of this subsection shall only apply to areas owned in fee simple by the government agency or utility, and areas within a right-of-way or easement held or controlled by the government agency or utility; the entity shall not be required to obtain additional property or property rights to fully satisfy the requirements of this subsection. Regardless of the amount of area of a separate or combined storm sewer improvement project subject to the green infrastructure requirements of this subsection, each project shall fully comply with the applicable groundwater recharge, stormwater runoff quality control, and stormwater runoff quantity standards at Subsection d16, 17, and 18, unless the project is granted a waiver from strict compliance in accordance with Subsection d4.
16.
Groundwater Recharge Standards.
(a)
This subsection contains the minimum design and performance standards for groundwater recharge as follows:
(b)
The design engineer shall, using the assumptions and factors for stormwater runoff and groundwater recharge calculations at Subsection e, either:
(1)
Demonstrate through hydrologic and hydraulic analysis that the site and its stormwater management measures maintain 100% of the average annual pre-construction groundwater recharge volume for the site; or
(2)
Demonstrate through hydrologic and hydraulic analysis that the increase of stormwater runoff volume from pre-construction to post-construction for the two-year storm is infiltrated.
(c)
This groundwater recharge requirement does not apply to projects within the "urban redevelopment area," or to projects subject to Subsection d16(d) below.
(d)
The following types of stormwater shall not be recharged:
(1)
Stormwater from areas of high pollutant loading. High pollutant loading areas are areas in industrial and commercial developments where solvents and/or petroleum products are loaded/unloaded, stored, or applied, areas where pesticides are loaded/unloaded or stored; areas where hazardous materials are expected to be present in greater than "reportable quantities" as defined by the United States Environmental Protection Agency (EPA) at 40 CFR 302.4; areas where recharge would be inconsistent with Department approved remedial action work plan or landfill closure plan and areas with high risks for spills of toxic materials, such as gas stations and vehicle maintenance facilities; and
(2)
Industrial stormwater exposed to "source material." "Source material" means any material(s) or machinery, located at an industrial facility, that is directly or indirectly related to process, manufacturing or other industrial activities, which could be a source of pollutants in any industrial stormwater discharge to groundwater. Source materials include, but are not limited to, raw materials; intermediate products; final products; waste materials; byproducts; industrial machinery and fuels, and lubricants, solvents, and detergents that are related to process, manufacturing, or other industrial activities that are exposed to stormwater.
17.
Stormwater Runoff Quality Standards.
(a)
This subsection contains the minimum design and performance standards to control stormwater runoff quality impacts of major development. Stormwater runoff quality standards are applicable when the major development results in an increase of 1/4 acre or more of regulated motor vehicle surface.
(b)
Stormwater management measures shall be designed to reduce the post-construction load of total suspended solids (TSS) in stormwater runoff generated from the water quality design storm as follows:
(1)
Eighty percent TSS removal of the anticipated load, expressed as an annual average shall be achieved for the stormwater runoff from the net increase of motor vehicle surface.
(2)
If the surface is considered regulated motor vehicle surface because the water quality treatment for an area of motor vehicle surface that is currently receiving water quality treatment either by vegetation or soil, by an existing stormwater management measure, or by treatment at a wastewater treatment plant is to be modified or removed, the project shall maintain or increase the existing TSS removal of the anticipated load expressed as an annual average.
(c)
The requirement to reduce TSS does not apply to any stormwater runoff in a discharge regulated under a numeric effluent limitation for TSS imposed under the New Jersey Pollutant Discharge Elimination System (NJPDES) rules, N.J.A.C. 7:14A, or in a discharge specifically exempt under a NJPDES permit from this requirement. Every major development, including any that discharge into a combined sewer system, shall comply with Subsection d17(b) 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.
(d)
The water quality design storm is 1.25 inches of rainfall in two hours. Water quality calculations shall take into account the distribution of rain from the water quality design storm, as reflected in Table 4, below. The calculation of the volume of runoff may take into account the implementation of stormwater management measures.
Table 4 - Water Quality Design Storm Distribution | |||||
|---|---|---|---|---|---|
Time (minutes) | Cumulative Rainfall (inches) | Time (minutes) | Cumulative Rainfall (inches) | Time (minutes) | Cumulative Rainfall (Inches) |
1 | 0.00166 | 41 | 0.1728 | 81 | 1.0906 |
2 | 0.00332 | 42 | 0.1796 | 82 | 1.0972 |
3 | 0.00498 | 43 | 0.1864 | 83 | 1.1038 |
4 | 0.00664 | 44 | 0.1932 | 84 | 1.1104 |
5 | 0.00830 | 45 | 0.2000 | 85 | 1.1170 |
6 | 0.00996 | 46 | 0.2117 | 86 | 1.1236 |
7 | 0.01162 | 47 | 0.2233 | 87 | 1.1302 |
8 | 0.01328 | 48 | 0.2350 | 88 | 1.1368 |
9 | 0.01494 | 49 | 0.2466 | 89 | 1.1434 |
10 | 0.01660 | 50 | 0.2583 | 90 | 1.1500 |
11 | 0.01828 | 51 | 0.2783 | 91 | 1.1550 |
12 | 0.01996 | 52 | 0.2983 | 92 | 1.1600 |
13 | 0.02164 | 53 | 0.3183 | 93 | 1.1650 |
14 | 0.02332 | 54 | 0.3383 | 94 | 1.1700 |
15 | 0.02500 | 55 | 0.3583 | 95 | 1.1750 |
16 | 0.03000 | 56 | 0.4116 | 96 | 1.1800 |
17 | 0.03500 | 57 | 0.4650 | 97 | 1.1850 |
18 | 0.04000 | 58 | 0.5183 | 98 | 1.1900 |
19 | 0.04500 | 59 | 0.5717 | 99 | 1.1950 |
20 | 0.05000 | 60 | 0.6250 | 100 | 1.2000 |
21 | 0.05500 | 61 | 0.6783 | 101 | 1.2050 |
22 | 0.06000 | 62 | 0.7317 | 102 | 1.2100 |
23 | 0.06500 | 63 | 0.7850 | 103 | 1.2150 |
24 | 0.07000 | 64 | 0.8384 | 104 | 1.2200 |
25 | 0.07500 | 65 | 0.8917 | 105 | 1.2250 |
26 | 0.08000 | 66 | 0.9117 | 106 | 1.2267 |
27 | 0.08500 | 67 | 0.9317 | 107 | 1.2284 |
28 | 0.09000 | 68 | 0.9517 | 108 | 1.2300 |
29 | 0.09500 | 69 | 0.9717 | 109 | 1.2317 |
30 | 0.10000 | 70 | 0.9917 | 110 | 1.2334 |
31 | 0.10660 | 71 | 1.0034 | 111 | 1.2351 |
32 | 0.11320 | 72 | 1.0150 | 112 | 1.2367 |
33 | 0.11980 | 73 | 1.0267 | 113 | 1.2384 |
34 | 0.12640 | 74 | 1.0383 | 114 | 1.2400 |
35 | 0.13300 | 75 | 1.0500 | 115 | 1.2417 |
36 | 0.13960 | 76 | 1.0568 | 116 | 1.2434 |
37 | 0.14620 | 77 | 1.0636 | 117 | 1.2450 |
38 | 0.15280 | 78 | 1.0704 | 118 | 1.2467 |
39 | 0.15940 | 79 | 1.0772 | 119 | 1.2483 |
40 | 0.16600 | 80 | 1.0840 | 120 | 1.2500 |
(e)
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 |
(f)
Stormwater management measures shall also be designed to reduce, to the maximum extent feasible, the post-construction nutrient load of the anticipated load from the developed site in stormwater runoff generated from the water quality design storm. In achieving reduction of nutrients to the maximum extent feasible, the design of the site shall include green infrastructure BMPs that optimize nutrient removal while still achieving the performance standards in Subsection d16, 17, and 18.
(g)
In accordance with the definition of FW1 at N.J.A.C. 7:9B-1.4, stormwater management measures shall be designed to prevent any increase in stormwater runoff to waters classified as FW1.
(h)
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.
(i)
Pursuant to the Flood Hazard Area Control Act Rules at N.J.A.C. 7:13-11.2(j)3.i, runoff from the water quality design storm that is discharged within a 300-foot riparian zone shall be treated in accordance with this subsection to reduce the post-construction load of total suspended solids by 95% of the anticipated load from the developed site, expressed as an annual average.
(j)
This stormwater runoff quality standards do not apply to the construction of one individual single-family dwelling, provided that it is not part of a larger development or subdivision that has received preliminary or final site plan approval prior to December 3, 2018, and that the motor vehicle surfaces are made of permeable material(s) such as gravel, dirt, and/or shells.
18.
Stormwater Runoff Quantity Standards.
(a)
This subsection contains the minimum design and performance standards to control stormwater runoff quantity impacts of major development.
(b)
In order to control stormwater runoff quantity impacts, the design engineer shall, using the assumptions and factors for stormwater runoff calculations at Subsection e, complete one of the following:
(1)
Demonstrate through hydrologic and hydraulic analysis that for stormwater leaving the site, post-construction runoff hydrographs for the two-, ten-, and 100-year storm events do not exceed, at any point in time, the preconstruction runoff hydrographs for the same storm events;
(2)
Demonstrate through hydrologic and hydraulic analysis that there is no increase, as compared to the pre-construction condition, in the peak runoff rates of stormwater leaving the site for the two-, ten-, and 100-year storm events and that the increased volume or change in timing of stormwater runoff will not increase flood damage at or downstream of the site. This analysis shall include the analysis of impacts of existing land uses and projected land uses assuming full development under existing zoning and land use ordinances in the drainage area;
(3)
Design stormwater management measures so that the post-construction peak runoff rates for the two-, ten-, and 100-year storm events are 50%, 75% and 80%, respectively, of the 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
(4)
In tidal flood hazard areas, stormwater runoff quantity analysis in accordance with Subsection d18(b)(1), (2), and (3) above is required unless the design engineer demonstrates through hydrologic and hydraulic analysis that the increased volume, change in timing, or increased rate of the stormwater runoff, or any combination of the three will not result in additional flood damage below the point of discharge of the major development. No analysis is required if the stormwater is discharged directly into any ocean, bay, inlet, or the reach of any watercourse between its confluence with an ocean, bay, or inlet and downstream of the first water control structure.
19.
The stormwater runoff quantity standards shall be applied at the site's boundary to each abutting lot, roadway, watercourse, or receiving storm sewer system.
e.
Calculation of Stormwater Runoff and Groundwater Recharge.
1.
Stormwater runoff shall be calculated in accordance with the following:
(a)
The design engineer shall calculate runoff using one of the following methods:
(1)
The USDA Natural Resources Conservation Service (NRCS) methodology, including the NRCS Runoff Equation and Dimensionless Unit Hydrograph, as described in Chapters 7, 9, 10, 15 and 16 Part 630, Hydrology National Engineering Handbook, incorporated herein by reference as amended and supplemented. This methodology is additionally described in Technical Release 55 - Urban Hydrology for Small Watersheds (TR-55), dated June 1986, incorporated herein by reference as amended and supplemented. Information regarding the methodology is available from the Natural Resources Conservation Service website at: https://www.nrcs.usda.gov/Internet/FSE_DOCUMENTS/stelprdb1044171.pdf, or at United States Department of Agriculture Natural Resources Conservation Service, 220 Davison Avenue, Somerset, New Jersey 08873; or
(2)
The rational method for peak flow and the modified rational method for hydrograph computations. The rational and modified rational methods are described in "Appendix A-9 Modified Rational Method" in the Standards for Soil Erosion and Sediment Control in New Jersey, January 2014. This document is available from the State Soil Conservation Committee or any of the Soil Conservation Districts listed at N.J.A.C. 2:90-1.3(a)3. The location, address, and telephone number for each Soil Conservation District is available from the State Soil Conservation Committee, PO Box 330, Trenton, New Jersey 08625. The document is also available at: http://www.nj.gov/agriculture/divisions/anr/pdf/2014NJSoilErosionControlSt andardsComplete.pdf.
(b)
For the purpose of calculating runoff coefficients and groundwater recharge, there is a presumption that the pre-construction condition of a site or portion thereof is a wooded land use with good hydrologic condition. The term "runoff coefficient" applies to both the NRCS methodology above at Subsection e1(a)(1) and the rational and modified rational methods at Subsection e1(a)(2). A runoff coefficient or a groundwater recharge land cover for an existing condition may be used on all or a portion of the site if the design engineer verifies that the hydrologic condition has existed on the site or portion of the site for at least five years without interruption prior to the time of application. If more than one land cover 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).
(c)
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.
(d)
In computing stormwater runoff from all design storms, the design engineer shall consider the relative stormwater runoff rates and/or volumes of pervious and impervious surfaces separately to accurately compute the rates and volume of stormwater runoff from the site. To calculate runoff from unconnected impervious cover, urban impervious area modifications as described in the NRCS Technical Release 55 - Urban Hydrology for Small Watersheds or other methods may be employed.
(e)
If the invert of the outlet structure of a stormwater management measure is below the flood hazard design flood elevation as defined at N.J.A.C. 7:13, the design engineer shall take into account the effects of tailwater in the design of structural stormwater management measures.
2.
Groundwater recharge may be calculated in accordance with the following: 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.
f.
Sources for Technical Guidance.
1.
Technical guidance for stormwater management measures can be found in the documents listed below, which are available to download from the Department's website at: http://www.nj.gov/dep/stormwater/bmp_manual2.htm.
(a)
Guidelines for stormwater management measures are contained in the New Jersey Stormwater Best Management Practices Manual, as amended and supplemented. Information is provided on stormwater management measures such as, but not limited to, those listed in Tables 1, 2, and 3.
(b)
Additional maintenance guidance is available on the Department's website at: https://www.njstormwater.org/maintenance_guidance.htm.
2.
Submissions required for review by the Department should be mailed to: The Division of Water Quality, New Jersey Department of Environmental Protection, Mail Code 401-02B, PO Box 420, Trenton, New Jersey 08625-0420.
g.
Solids and Floatable Materials Control Standards.
1.
Site design features identified under Subsection d6 above, or alternative designs in accordance with Subsection d7 above, to prevent discharge of trash and debris from drainage systems shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets. For purposes of this subsection, "solid and floatable materials" means sediment, debris, trash, and other floating, suspended, or settleable solids. For exemptions to this standard see Subsection g1(b) below.
(a)
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:
(1)
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
(2)
A different grate, if each individual clear space in that grate has an area of no more than seven square inches, or is no greater than 0.5 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.
(3)
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 seven square inches, or be no greater than two inches across the smallest dimension.
(b)
The standard in Subsection g1(a) above does not apply:
(1)
Where each individual clear space in the curb opening in existing curb-opening inlet does not have an area of more than nine square inches;
(2)
Where the Township agrees that the standards would cause inadequate hydraulic performance that could not practicably be overcome by using additional or larger storm drain inlets;
(3)
Where flows from the water quality design storm as specified in N.J.A.C. 7:8 are conveyed through any device (e.g., end of pipe netting facility, manufactured treatment device, or a catch basin hood) that is designed, at a minimum, to prevent delivery of all solid and floatable materials that could not pass through one of the following:
i
A rectangular space 4.625 inches long and 1.5 inches wide (this option does not apply for outfall netting facilities); or
ii
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 7.4(b)1].
(4)
Where flows are conveyed through a trash rack that has parallel bars with one-inch spacing between the bars, to the elevation of the Water Quality Design Storm as specified in N.J.A.C. 7:8; or
(5)
Where the New Jersey Department of Environmental Protection determines, pursuant to the New Jersey Register of Historic Places Rules at N.J.A.C. 7:4-7.2(c), that action to meet this standard is an undertaking that constitutes an encroachment or will damage or destroy the New Jersey Register listed historic property.
h.
Safety Standards for Stormwater Management Basins.
1.
This subsection sets forth requirements to protect public safety through the proper design and operation of stormwater management BMPs. This subsection applies to any new stormwater management BMP.
2.
The provisions of this subsection 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 Subsection h3(a), (b), and (c) for trash racks, overflow grates, and escape provisions at outlet structures.
3.
Requirements for Trash Racks, Overflow Grates and Escape Provisions.
(a)
A trash rack is a device designed to catch trash and debris and prevent the clogging of outlet structures. Trash racks shall be installed at the intake to the outlet from the stormwater management BMP to ensure proper functioning of the BMP outlets in accordance with the following:
(1)
The trash rack shall have parallel bars, with no greater than six-inch spacing between the bars;
(2)
The trash rack shall be designed so as not to adversely affect the hydraulic performance of the outlet pipe or structure;
(3)
The average velocity of flow through a clean trash rack is not to exceed 2.5 feet per second under the full range of stage and discharge. Velocity is to be computed on the basis of the net area of opening through the rack; and
(4)
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.
(b)
An overflow grate is designed to prevent obstruction of the overflow structure. If an outlet structure has an overflow grate, such grate shall meet the following requirements:
(1)
The overflow grate shall be secured to the outlet structure but removable for emergencies and maintenance.
(2)
The overflow grate spacing shall be no less than two inches across the smallest dimension.
(3)
The overflow grate shall be constructed and installed to be rigid, durable, and corrosion resistant, and shall be designed to withstand a perpendicular live loading of 300 pounds per square foot.
(c)
Stormwater management BMPs shall include escape provisions as follows:
(1)
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 Subsection h3, a freestanding outlet structure may be exempted from this requirement;
(2)
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 to six feet in width. One step shall be located approximately 2 1/2 feet below the permanent water surface, and the second step shall be located one to 1 1/2 feet above the permanent water surface. See Subsection h5 for an illustration of safety ledges in a stormwater management BMP; and
(3)
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.
4.
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.
5.
Safety Ledge Illustration.
 |
i.
Requirements for a Site Development Stormwater Plan.
1.
Submission of Site Development Stormwater Plan.
(a)
Whenever an applicant seeks municipal approval of a development subject to this ordinance, the applicant shall submit all of the required components of the Checklist for the Site Development Stormwater Plan at Subsection i3 below as part of the submission of the application for approval.
(b)
The applicant shall demonstrate that the project meets the standards set forth in this ordinance.
(c)
The applicant shall submit 20 copies of the materials listed in the checklist for site development stormwater plans in accordance with Subsection i3 of this section.
2.
Site Development Stormwater Plan Approval. The applicant's site development project shall be reviewed as a part of the review process by the municipal board or official from which municipal approval is sought. That municipal board or official shall consult the municipality's review engineer to determine if all of the checklist requirements have been satisfied and to determine if the project meets the standards set forth in this ordinance.
3.
Submission of Site Development Stormwater Plan. The following information shall be required:
(a)
Topographic Base Map. The reviewing engineer may require upstream tributary drainage system information as necessary. It is recommended that the topographic base map of the site be submitted which extends a minimum of 200 feet beyond the limits of the proposed development, at a scale of one inch equals 200 feet or greater, showing two-foot contour intervals. The map as appropriate may indicate the following: existing surface water drainage, shorelines, steep slopes, soils, erodible soils, perennial or intermittent streams that drain into or upstream of the Category One waters, wetlands and floodplains along with their appropriate buffer strips, marshlands and other wetlands, pervious or vegetative surfaces, existing man-made structures, roads, bearing and distances of property lines, and significant natural and man-made features not otherwise shown.
(b)
Environmental Site Analysis. A written and graphic description of the natural and man-made features of the site and its 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.
(c)
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.
(d)
Land Use Planning and Source Control Plan. This plan shall provide a demonstration of how the goals and standards of Subsections c through e are being met. The focus of this plan shall be to describe how the site is being developed to meet the objective of controlling groundwater recharge, stormwater quality and stormwater quantity problems at the source by land management and source controls whenever possible.
(e)
Stormwater Management Facilities Map. The following information, illustrated on a map of the same scale as the topographic base map, shall be included:
(1)
Total area to be disturbed, paved or built upon, proposed surface contours, land area to be occupied by the stormwater management facilities and the type of vegetation thereon, and details of the proposed plan to control and dispose of stormwater.
(2)
Details of all stormwater management facility designs, during and after construction, including discharge provisions, discharge capacity for each outlet at different levels of detention and emergency spillway provisions with maximum discharge capacity of each spillway.
(f)
Calculations.
(1)
Comprehensive hydrologic and hydraulic design calculations for the predevelopment and post-development conditions for the design storms specified in Section 525.3d.
(2)
When the proposed stormwater management control measures depend on the hydrologic properties of soils or require certain separation from the seasonal high water table, then a soils report shall be submitted. The soils report shall be based on onsite boring logs or soil pit profiles. The number and location of required soil borings or soil pits shall be determined based on what is needed to determine the suitability and distribution of soils present at the location of the control measure.
(g)
Maintenance and Repair Plan. The design and planning of the stormwater management facility shall meet the maintenance requirements of Subsection j.
(h)
Waiver from Submission Requirements. The municipal official or board reviewing an application under this Section 525.3 may, in consultation with the municipality's review engineer, waive submission of any of the requirements in Subsection i3(a) through (f) of this section when it can be demonstrated that the information requested is impossible to obtain or it would create a hardship on the applicant to obtain and its absence will not materially affect the review process.
j.
Maintenance and Repair.
1.
Applicability. Projects subject to review as in Subsection a3 of this Section 525.3 shall comply with the requirements of Subsection j2 and 3.
2.
General Maintenance.
(a)
The design engineer shall prepare a maintenance plan for the stormwater management measures incorporated into the design of a major development.
(b)
The maintenance plan shall contain specific preventative maintenance tasks and schedules; cost estimates, including estimated cost of sediment, debris, or trash removal; and the name, address, and telephone number of the person or persons responsible for preventative and corrective maintenance (including replacement). 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.
(c)
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.
(d)
Responsibility for maintenance shall not be assigned or transferred to the owner or tenant of an individual property in a residential development or project, unless such owner or tenant owns or leases the entire residential development or project. The individual property owner may be assigned incidental tasks, such as weeding of a green infrastructure BMP, provided the individual agrees to assume these tasks; however, the individual cannot be legally responsible for all of the maintenance required.
(e)
If the party responsible for maintenance identified under Subsection j2(c) above is not a public agency, the maintenance plan and any future revisions based on Subsection j2(g) below shall be recorded upon the deed of record for each property on which the maintenance described in the maintenance plan must be undertaken.
(f)
Preventative and corrective maintenance shall be performed to maintain the functional parameters (storage volume, infiltration rates, inflow/outflow capacity, etc.). of the stormwater management measure, including, but not limited to, repairs or replacement to the structure; removal of sediment, debris, or trash; restoration of eroded areas; snow and ice removal; fence repair or replacement; restoration of vegetation; and repair or replacement of nonvegetated linings.
(g)
The party responsible for maintenance identified under Subsection j2(c) above shall perform all of the following requirements:
(1)
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;
(2)
Evaluate the effectiveness of the maintenance plan at least once per year and adjust the plan and the deed as needed; and
(3)
Retain and make available, upon request by any public entity with administrative, health, environmental, or safety authority over the site, the maintenance plan and the documentation required by Subsection j2(f) and (g) above.
(h)
The requirements of Subsection j2(c) and (d) 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. The municipality requires the posting of a two-year maintenance guarantee in accordance with N.J.S.A. 40:55D-53 for all stormwater management facilities not dedicated to and accepted by the municipality. Maintenance and inspection guidance can be found on the Department's website at: https://www.njstormwater.org/maintenance guidance.htm.
(i)
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.
3.
Nothing in this subsection shall preclude the municipality in which the major development is located from requiring the posting of a performance or maintenance guarantee in accordance with N.J.S.A. 40:55D-53.
k.
Penalties. Any person who erects, constructs, alters, repairs, converts, maintains, or uses any building, structure or land in violation of Section 525.3 shall, for each and every violation thereof and for each and every day that such violation thereof continues, be subject to the penalties stated in Section 419, Violations and Penalties.
l.
Severability. Each section, subsection, sentence, clause and phrase of this ordinance is declared to be an independent section, subsection, sentence, clause and phrase, and the finding or holding of any such portion of this ordinance to be unconstitutional, void, or ineffective for any cause, or reason, shall not affect any other portion of this ordinance.
m.
Effective Date. This ordinance shall be in full force and effect from and after its adoption and any publication as required by law.
§ DRZ-525.4 Underground storage facilities.
[Ord. No. 9-87]
Underground storage facilities which are designed to percolate water into the soil shall be surrounded by a blanket of crushed stone or gravel which is to be a minimum of 24 inches thick. The stone shall be separated from the surrounding soil by an appropriate geotextile fabric to be approved by the Township Engineer.
§ DRZ-526 (Reserved)
[Ord. No. 9-87; Ord. No. 12-93; Ord. No. 15-95; Ord. No. 20-95; Ord. No. 2170-00; Ord. No. 2305-07; deleted by Ord. No. 2471-16]
§ DRZ-527 Street lighting.
Street lighting shall be reviewed by the approving authority as a part of its review of an application for development. Street lighting shall be installed at street intersections and elsewhere as deemed necessary. The developer shall install underground service for street lighting.
§ DRZ-528 Streets.
528.1.
All developments shall be served by paved streets. The arrangement of streets shall provide for the appropriate extension of existing streets, conform with the topography as far as practicable, and allow for continued extension into adjoining undeveloped tracts.
528.2.
When a development adjoins land capable of being developed or subdivided, suitable provisions shall be made for optimum access from the adjoining tract to existing or proposed streets.
528.3.
Local streets shall be designed to discourage through traffic.
528.4.
When a development adjoins or includes existing Township streets that do not conform to widths shown on the Master Plan, Official Map, this ordinance, or other street width requirements of the Township, additional land along both sides of said street sufficient to conform to the right-of-way requirements shall be anticipated in the subdivision design by creating oversized lots to accommodate future widening. The widening may be offered to the Township for the location, installation, repair, and maintenance of streets, drainage facilities, utilities, and other facilities customarily located on street rights-of-way and shall be expressed on the plat as follows: "Street right-of-way easement granted to the Township of Millburn to enter upon these lands for the purposes provided for and expressed in the Development Regulations Ordinance of the Township of Millburn." This statement on an approved plat shall in no way reduce the subdivider's responsibility to provide, install, repair, or maintain any facilities installed in the area dedicated by ordinance, or shown on the plat, or provided for by any maintenance or performance guarantees. If the subdivision is along one side only, one-half of the required extra width shall be anticipated. See Section 609.7, Lots.
528.5.
Longitudinal grades on all local streets shall not exceed 10%, or 4% on primary, secondary, and collector streets as shown on the circulation plan of the Master Plan. No street shall have a longitudinal grade of less than 0.5%. Maximum grades within intersections shall be 4%. The maximum slope of the roadway from the center line to the curbline or edge of the paving shall be 2%. Where the roadway on a primary, secondary, or collector street is banked to facilitate a curve in the street alignment, the slope toward the curbline or shoulder shall conform to accepted engineering practice.
528.6.
Intersecting street center lines shall be as close to right angles as possible. The curb lines shall be parallel to the center line.
528.7.
Where dead-end (cul-de-sac) streets are utilized, they shall conform to the following standards:
a.
A permanent dead-end street (where provision for the future extension of the street to the boundary of the adjoining property is impractical or impossible) or a temporary dead-end street (where provision is made for the future extension of the street to the boundary line of adjoining property) shall provide a turnaround at the end with a right-of-way radius of not less than 50 feet and a roadway radius of not less than 40 feet. The center point for the radius shall be on the center line of the associated street or, if off-set, to a point where the roadway radius also becomes a tangent to one of the curblines of the associated street.
b.
If a dead-end street is temporary, provisions shall be made for removal of the turnaround and reversion of the excess right-of-way to the adjoining properties as an off-tract responsibility of the developer who extends the street.
c.
A dead-end street shall serve no more than 14 lots, and shall not exceed 500 feet in length.
528.8.
No street shall have a name which will duplicate or nearly duplicate the spelling or phonetic sound of the names of existing streets. New street names shall be chosen to reflect the historical, topographical, or natural features of the site.
528.9.
Streets shall be constructed in accordance with the standards and specifications set forth in the Township of Millburn in the County of Essex, Standard Specifications.
§ DRZ-529 (Reserved)
[Deleted by Ord. No. 2471-16]
§ DRZ-530 (Reserved)
[Deleted by Ord. No. 2471-16]
§ DRZ-531 Sustainable building and design standards.
[Ord. No. 2359-10]
§ DRZ-531.1 Adoption of Codes by Reference.
[Ord. No. 2359-10]
The "Leadership in Energy & Environmental Design Rating System," Version 3 (LEED 2009), adopted April 2009, which includes rating systems for LEED for New Construction and Major Renovation promulgated by the US Green Building Council ("USGBC") are hereby adopted by reference and incorporated into this chapter.
§ DRZ-531.2 Township Funded Building Projects.
a.
The Township supports the use of green building practices and adopts the use of USGBC's Leadership in Energy Design ("LEED") Rating System for the design and construction of new buildings and major renovations and additions to Township-owned buildings.
b.
The Township shall incorporate life-cycle and total cost accounting in the design, construction, and maintenance of all Township owned and financed buildings.
c.
Township funded capital improvement projects shall meet a minimum LEED "Silver" rating.
§ DRZ-531.3 Development Applications.
a.
To encourage development projects to incorporate sustainable building and design measures, the Township of Millburn has established a Sustainability Checklist as part of the Millburn submission checklist for minor site plan, subdivision/major site plan, subdivision applications. Applicants are required to fill out the Sustainability Checklist Form as a completeness item.
b.
The Sustainability Checklist Form incorporates proposed green energy and water conservation measures including:
1.
The name of any LEED Accredited Professionals working on the project.
2.
A list of appliances, fixtures and construction techniques which meet U.S. EPA's Energy Star and WaterSense standards.
3.
A list of green and recycled building materials used in construction, renovation, and maintenance.
4.
A Waste Management Plan for recycling and/or reusing 60% of all construction and demolition waste generated in projects larger than $25,000 outlining where waste will be sent for recycling, reuse, reprocessing, or disposal, together with a letter from each of the recipient facilities.
5.
Use of any water efficient landscaping.
7.
Details of roofing materials designed to reduce the urban heat island effect such as:
9.
A list of native and well adapted species used in landscaping to eliminate the need for fertilization and pesticides.
c.
For each of the sustainable building/design items listed on the Sustainability Checklist Form applicants must indicate the extent to which they are incorporating such a measure in the project; or, alternatively indicate the reason(s) why the measure is not being incorporated in the project.
Sustainability Checklist Form | ||
|---|---|---|
Sustainable Building and Design Standards | Applicant | Township OK (Date) |
Name of LEED Accredited Professional working on project | ||
List of Energy Star and WaterSense appliances, fixtures and construction techniques | ||
List of green and recycled building materials in new construction, renovation, and maintenance | ||
Waste Management Plan for recycling and/or reuse of 60% of all construction and demolition of waste generated in projects larger than $25,000 | ||
Use of any water efficient landscaping | ||
Use of any on-site renewable energy systems such as: | ||
Solar | ||
Wind | ||
Geothermal | ||
Details of roofing materials designed to reduce the urban heat island effect such as: | ||
Construction of roof top gardens to reduce solar gain in summer and insulate in winter Use of roofing materials that are no darker than a light gray or demonstrate how alternate roofing materials reduce the urban heat island effect | ||
Details of any sustainable stormwater systems employed such as: | ||
Bioswales/raingardens | ||
Permeable surfaces | ||
Grey water systems | ||
Retention and detention facilities | ||
Continuous trenching | ||
A list of native and well adapted species used in landscaping to eliminate the need for fertilization and pesticides | ||
Details of energy efficient HVAC equipment | ||
Details of building envelope efficiency such as insulation beyond code requirements, air sealing and advanced framing techniques | ||
Note: Please indicate for each of the sustainable building/design items listed, the extent to which the measure is being incorporated in the project; or, alternatively, indicate the reason(s) why it is not being incorporated in the project. |