Pine Beach City Zoning Code
ARTICLE XIII
Subdivisions
§ 175-65 Approval required.
Prior to the subdivision or resubdivision of land within the Borough of Pine Beach and as a condition of filing of subdivision plats with the County Recording Officer, a resolution of approval of the Planning Board is required, and no building permit for any structure to be erected on subdivided land shall be issued without compliance with the provisions of this chapter.
§ 175-66 General provisions. [1]
A.
Subdivision shall mean the division of a lot, tract or parcel of land into two or more lots, tracts, parcels or other divisions of land for sale or development. The following shall not be considered subdivisions within the meaning of this chapter but only if no new streets are created as a result thereof:
B.
The term "subdivision" shall also include the term "consolidation," and a consolidation shall include the combination of existing lots into one or more but less than the original number of lots; provided, however, that no consolidation shall be permitted for multiple dwellings.
§ 175-67 Minor subdivisions.
A subdivision classified as a minor subdivision shall meet the following requirements:
A.
It shall contain not more than three lots.
B.
It shall have frontage on an existing street.
C.
It shall not involve any new street or road nor the extension of municipal facilities.
D.
It shall not adversely affect the development of the remainder of the parcel or adjoining property.
E.
It shall not be in conflict with any provisions or portions of the Master Plan, Official Map or this chapter.
§ 175-68 Major subdivisions.
All subdivisions not classified as minor subdivisions shall be deemed to be major subdivisions and the procedures applicable thereto shall be as hereinafter set forth.
A.
Multiple dwellings are prohibited in major subdivisions.
B.
At the time of filing a submission for major subdivision approval, the applicant shall pay a nonrefundable fee to the Borough of Pine Beach by certified check, bank money order, cashier's check or attorney's trust account check in accordance with the fee schedule set forth in § 175-11 of this chapter. Proposals involving more than one use shall pay a fee equal to the sum of the fees for such elements.
C.
Performance guaranties, inspection fees and maintenance guaranties shall be in addition to the fees applicable to subdivision applications.
§ 175-69 Major subdivision application procedures.
Eight copies of the building and landscaping plans and such other information shall be filed with the Borough Planning Board. If the applicant proposes to develop the property in successive stages, similar detail plans shall be submitted and approved by the Borough Planning Board for each portion of the applicant's property. Plans and information shall include the following:
A.
A map drawn to scale, showing the location, boundaries, dimensions and ownership of the area to be included in such proposed development.
B.
A statement outlining the uses to be included, the general program of development and other pertinent information with respect to the proposed development.
C.
A plan showing the land areas to be allocated to major use groups, access to public streets, buffer provisions and other such information which can be shown in final form. In addition, such plans shall show, in tentative form at least, the applicant's concept of the general layout of the entire area proposed to be developed and its relationship to surrounding areas.
D.
The location, use, design, dimensions and height of each proposed building or structure.
E.
The location and arrangement of vehicular accessways and the location, size and capacity of all areas to be used for off-street parking, loading and unloading.
F.
The location and dimensions of sidewalks, walkways and all other areas to be devoted to pedestrian use.
G.
The design and treatment of buffer areas and screening devices to be maintained, including dimensions of all areas devoted to planting, lawns, trees or other landscaping devices.
H.
Provisions for water supply, storm drainage and sewerage disposal.
I.
Sufficient data to indicate the effects of the proposed development in producing traffic congestion and safety hazards and sufficient additional data to enable the Planning Board to determine compliance with the design requirements set forth in this and other pertinent sections of this chapter.
J.
A study to be prepared by a person or firm approved by the borough at a fee to be paid by the applicant for the purpose of analyzing the land areas allocated to major use groups, access to public streets, buffer provisions, the applicant's concept of the general layout of the entire area to be developed and its relationship to surrounding areas and the data required in Subsections A and I above, together with such other factors relating to the content of this chapter as may be suggested by the Planning Board. Such study shall also include recommendations on the design and plan and provide a cost revenue analysis of the proposed project, showing the relationship of the cost of municipal services to be rendered to such project compared to the anticipated revenue to be received by the municipality from such project.
§ 175-70 Area and design regulations.
§ 175-71 Design requirements.
[Added 9-25-1995 by Ord. No. 95-13-477; amended 12-28-2006 by Ord. No. 06-17-645; 12-9-2020 by Ord. No. 2020-13-776; 5-12-2021 by Ord. No. 2021-03-779; 8-14-2024 by Ord. No. 2024-05-811; 8-14-2024 by Ord. No. 2024-06-812]
A.
Blocks.
(1)
The block length, width and acreage within bounding roads shall be such as to accommodate the size and dimensions of lots required for zoning district by this chapter and to provide for convenient access, circulation control and safety of vehicles and pedestrians.
(2)
Block lengths may vary between 500 and 3,000 feet, but blocks along other than local, local collector, minor collector or major collector streets shall not be less than 1,200 feet long.
(3)
Interior crosswalks with a right-of-way 20 feet wide containing a sidewalk of four feet or greater in width and fenced on both sides may be required for blocks longer than 1,200 feet, from the ends of the culs-de-sac to adjacent streets and elsewhere as required by the public convenience, including the provision of walks giving access to schools, playgrounds and shopping centers, without the necessity of crossing traffic thoroughfares.
B.
Buffer areas, screening, landscaping and shade trees.
(1)
Buffer areas. All uses, other than single-family detached and two-family detached dwellings and their accessory uses (except as otherwise provided in this chapter), shall provide buffer areas along all side and rear property lines which abut areas zoned residentially including single-family detached and along front property lines on local, local collector, minor collector and major collector streets which abut areas zoned for such residential uses.
(2)
If a home professional office, home occupation or an accessory use to a single-family detached requires 10 or more off-street parking spaces, the Planning Board shall consider the need for a buffer area and may require that buffer areas of 20 feet in width be provided along side and rear property lines adjacent to such accessory use and/or off-street parking.
(3)
If a proposed single-family detached subdivision abuts a major collector or minor or principal arterial highway or an area zoned for or occupied by other uses, the Planning Board shall consider the need for buffer areas and may require:
C.
Concrete requirements.
(1)
All concrete used in any subdivision or site improvement shall be prepared in accordance with the requirements of the Standard Specifications for the various classes of concrete used, except that the twenty-eight-day compressive strength of the concrete used shall not be less than the following:
Type of Concrete | Strength (pounds per square inch) |
|---|---|
Class A | 4,500 |
Class B | 3,500 |
Class C | 3,000 |
Class D | 2,500 |
(2)
Unless specific written permission is obtained from the Borough Engineer to the contrary, only concrete obtained from dry-batch redi-mixed trucks will be allowed.
D.
Curbs.
(1)
General requirements. Curb shall be constructed along both sides of every street within a development. Any existing pavements damaged by curb construction shall be repaired to the standards herein and/or as shown on the final plat. Where one side of the development boundary is along an existing street, the curb shall be constructed only on the development side. Curbs shall be constructed of Class B concrete, air-entrained, in accordance with the requirements of the Standard Specifications. Preformed bituminous cellular-type joint filler, 1/2 inch thick, cut to match the cross section of the curb, shall be used at all expansion joints at intervals not greater than 20 feet. Intermediate plate joints shall be provided at intervals not exceeding 10 feet. At places where a concrete curb abuts portland cement concrete pavement, joints in the curb shall be placed to match the paving joints, and intermediate joints shall be placed so as to create equal curb panels not longer than 20 feet. Curb cross sections shall be as shown in Figure 3. The requirement of the Standard Specifications regarding curing precautions must be strictly observed.
 |
(2)
Timing of curb construction. In areas with bituminous concrete pavement, required curb and/or curb and gutter shall be constructed prior to the construction of the bituminous base courses. Any required repairs to curbs and/or combination curb and gutter which are not suitable for acceptance shall be made prior to construction of the final pavement wearing course. In those areas having portland cement concrete pavement, the curb shall be constructed after the construction and curing of the portland cement concrete pavement.
(3)
Alternate curb types. In certain instances it may be necessary or desirable to construct alternate curb types. For example, these may be required by the Planning Board on the perimeter of channelizing islands or in the areas of unusually heavy gutter drainage flow, or may be desired by the developer for decorative purposes or to preserve vegetation (e.g., granite block curb, rolled concrete curb, etc.). If alternate curb types are to be permitted, an appropriate construction detail shall be submitted for approval.
E.
(1)
Type of pavement. All roadways shall be constructed with either a bituminous concrete flexible-pavement structure or a portland cement concrete rigid-pavement structure. Only one type of pavement shall be utilized throughout any development.
(2)
Pavement structure design.
(a)
The pavement structure design for each particular development utilizing either a flexible- or rigid-pavement type shall be the responsibility of the developer or his engineer. The pavement design shall be based upon traffic loading projections and field sampling and laboratory analysis of the subgrade soils to be encountered in roadway areas in the development and shall follow current design recommendations of the Asphalt Institute, the Portland Cement Concrete Association or such other generally recognized standards as may be acceptable to the Borough Engineer.
(b)
As minimum requirements, rigid portland cement paving shall be joint type paving utilizing joints similar to Type A expansion joints, according to the Standard Construction Details of the New Jersey Department of Transportation, shall be reinforced, constructed with Class B air-entrained concrete and shall have a minimum thickness of 6 1/2 inches for local, local collector and minor collector streets and eight inches for other classifications. Flexible bituminous concrete pavements shall have an equivalent structural depth of at least 10 inches for local, local collector and minor collector streets, having a minimum wearing surface of not less than 1 1/2 inches of pavement, Type FABC-1, a minimum bituminous stabilized base course of not less than 2 1/2 inches and a dense graded aggregate base course and an to provide the remaining depth; and an equivalent structural depth of at least 13 inches for other street classifications, having a minimum wearing surface of not less than two inches of pavement, Type FABC-1, a minimum bituminous stabilized base course of not less than three inches and a dense graded aggregate base to provide the remaining depth. Bituminous stabilized base may be substituted for aggregate base on a 1:3 ratio (stabilized base to aggregate base), all in accordance with the applicable requirements of the Standard Specifications.
(3)
Subgrades. All subgrade shall be prepared in accordance with the applicable requirements of the Standard Specifications for bituminous concrete and reinforced concrete pavements. Prior to the construction of any subbase, base or pavement course, all soft or unyielding portions of the subgrade which do not attain the required stability will be removed and replaced with the suitable material, and the whole surface of the subgrade shall be compacted. The provision of a uniform roadway subgrade meeting the requirements of the Standard Specifications shall be the full responsibility of the developer. In certain cases, special treatment may be required because of the character or nature of the subsoil. Such special treatment may include lime or cement stabilization, wet excavation or construction of underdrainage fields. Any proposal by the developer to stabilize subgrade shall be subject to the approval of the Borough Engineer.
(4)
Subbase and/or aggregate base courses. Where granular subbase courses are included in the pavement design section proposed by the developer, they shall be constructed in accordance with the applicable requirements of the Standard Specifications. Bituminous concrete pavements (and stabilized bases) may be constructed on subgrade without subbase or aggregate base courses, provided that the subgrade can be satisfactorily prepared as hereinbefore described. Dense graded aggregate base courses shall comply with the requirements of the Standard Specifications for Soil Aggregate, Type 5, Class A, or Type 2, Class A or B. Portland cement concrete pavements must be constructed with a minimum of six inches of a granular-type subbase meeting the requirements of the Standard Specifications for Soil Aggregate, Type 4, Class E. Any subbase course of aggregate base course to be utilized with any type of pavement shall have a minimum thickness of four inches.
(5)
Bituminous base courses.
(a)
Bituminous base courses for use with bituminous concrete pavements shall consist of plant-mixed bituminous stabilized base course (stone mix or gravel mix) in accordance with the requirements of the Standard Specifications, except that the requirements for the construction of the base course shall be amended to allow the laying of the base course with a single lift maximum thickness not exceeding four inches.
(b)
Prior to placement of any bituminous stabilized base course, the finished surface of any underlying subbase or aggregate base shall receive a prime coat in accordance with the requirements of the Standard Specifications.
(6)
Bituminous pavements. Bituminous pavements shall consist of a bituminous concrete surface course, Type FABC-1, in accordance with the requirements of the Standard Specifications. The bituminous pavement wearing surface should generally not be installed until just prior to the time the streets are prepared for final acceptance. Prior to the installation of a bituminous concrete surface, the bituminous base course shall be inspected by the Borough Engineer. Any areas of the base course in need of repair shall be removed and replaced at the direction of the Borough Engineer. If the Borough Engineer directs, a leveling course of FABC material shall be placed on any uneven or below-grade base courses prior to the placement of finished pavement. No pavement surfaces shall be placed unless permission to do so has been granted by the Borough Engineer.
(7)
Concrete pavements. Concrete pavements shall be constructed in accordance with the requirements of the Standard Specifications. Expansion joints shall be New Jersey State Department of Transportation Type A expansion joints. The developer may submit, at the time of the submission of the preliminary plat, an alternate expansion joint detail. The use of such an alternate detail must be recommended by the Borough Engineer and approved by the Planning Board. Where existing concrete roadways are being widened as the result of the development of abutting properties, the widened pavement shall be required to be of portland cement concrete. The remaining pavement in the development may, if the subdivider elects, be bituminous concrete. This will be an exception to the requirements that all pavement constructed within a development be of one type.
(8)
Alternate pavement types. In areas where alternate pavement types are proposed or desired either for decorative purposes, because of physical restrictions or existing conditions, or because of limitations or shortages in certain types of construction materials, a detail of the type and/or location of alternate pavement types proposed shall be submitted for approval with the preliminary and/or final plat. The use of alternate pavement types may only be permitted if the applicant submits for review and approval details and specifications concerning the equipment, materials and methods proposed for use, and if the Borough Engineer has inspected the installation of and tested and approved a suitable sample section of such pavement. In the event that the Borough Engineer does not approve the sample section of pavement, the developer shall remove the same section and replace it with a type of pavement permitted by this chapter or such other alternate as may be approved by the Planning Board.
F.
Storm drainage facilities.
(1)
Scope and purpose.
(a)
Policy statement. Flood control, groundwater recharge, and pollutant reduction shall be achieved through the use of stormwater management measures, including green infrastructure best management practices (GI BMPs) and nonstructural stormwater management strategies. GI BMPs and low-impact development (LID) should be utilized to meet the goal of maintaining natural hydrology to reduce stormwater runoff volume, reduce erosion, encourage infiltration and groundwater recharge, and reduce pollution. GI BMPs and LID should be developed based upon physical site conditions and the origin, nature and the anticipated quantity, or amount, of potential pollutants. Multiple stormwater management BMPs may be necessary to achieve the established performance standards for water quality, quantity, and groundwater recharge.
(d)
Compatibility with other permit and ordinance requirements.
[1]
Development approvals issued pursuant to this Subsection F 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 Subsection F shall be held to be the minimum requirements for the promotion of the public health, safety, and general welfare.
[2]
This Subsection F 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 Subsection F 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.
(2) CAFRA CENTERS, CORES OR NODES CAFRA PLANNING MAP COMMUNITY BASIN COMPACTION CONTRIBUTORY DRAINAGE AREA CORE COUNTY REVIEW AGENCY DEPARTMENT DESIGNATED CENTER DESIGN ENGINEER 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 DEVELOPMENT(a) (b) MOTOR VEHICLE MOTOR VEHICLE SURFACE MUNICIPALITY NEW JERSEY STORMWATER BEST MANAGEMENT PRACTICES (BMP) MANUAL or BMP MANUAL NODE NUTRIENT PERSON POLLUTANT RECHARGE REGULATED IMPERVIOUS SURFACE(a) (b) (c) (d) REGULATED MOTOR VEHICLE SURFACE(a) (b) 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 Subsection F, 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.
Means those areas with boundaries incorporated by reference or revised by the Department in accordance with N.J.A.C. 7:7-13.16.
Means 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).
Means 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.
Means the increase in soil bulk density.
Means the area from which stormwater runoff drains to a stormwater management measure, not including the area of the stormwater management measure itself.
Means a pedestrian-oriented area of commercial and civic uses serving the surrounding municipality, generally including housing and access to public transportation.
Means an agency designated by the County Board of Commissioners to review municipal stormwater management plans and implementing ordinance(s). The county review agency may either be:
Means the Department of Environmental Protection.
Means a State Development and Redevelopment Plan Center as designated by the State Planning Commission such as urban, regional, town, village, or hamlet.
Means 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.
Means the division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or structure, any mining excavation or landfill, and any use or change in the use of any building or other structure, or land or extension of use of land, for which permission is required under the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq. 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.
Means 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.
Means 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.
Means neighborhoods designated by the Urban Coordinating Council "in consultation and in conjunction with" the New Jersey Redevelopment Authority pursuant to N.J.S.A 55:19-69.
Means 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.
Means 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 wellhead 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.
Means the detachment and movement of soil or rock fragments by water, wind, ice, or gravity.
Means a stormwater management measure that manages stormwater close to its source by:
Means 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.
Means a surface that has been covered with a layer of material so that it is highly resistant to infiltration by water.
Is the process by which water seeps into the soil from precipitation.
Means 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.
Means an individual development, as well as multiple developments that individually or collectively result in:
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 Subsections [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."
Means land vehicles propelled other than by muscular power, such as automobiles, motorcycles, autocycles, and low-speed vehicles. For the purposes of this definition, "motor vehicle" does not include farm equipment, snowmobiles, all-terrain vehicles, motorized wheelchairs, go-carts, gas buggies, golf carts, ski-slope grooming machines, or vehicles that run only on rails or tracks.
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.
Means any city, borough, town, township, or village.
Means 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 F(4)(f) 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.
Means an area designated by the State Planning Commission concentrating facilities and activities which are not organized in a compact form.
Means a chemical element or compound, such as nitrogen or phosphorus, which is essential to and promotes the development of organisms.
Means any individual, corporation, company, partnership, firm, association, political subdivision of this state and any state, interstate or federal agency.
Means any dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, refuse, oil, grease, sewage sludge, munitions, chemical wastes, biological materials, medical wastes, radioactive substance (except those regulated under the Atomic Energy Act of 1954, as amended (42 U.S.C. § 2011 et seq.)), thermal waste, wrecked or discarded equipment, rock, sand, cellar dirt, industrial, municipal, agricultural, and construction waste or runoff, or other residue discharged directly or indirectly to the land, groundwaters or surface waters of the state, or to a domestic treatment works. "Pollutant" includes both hazardous and nonhazardous pollutants.
Means the amount of water from precipitation that infiltrates into the ground and is not evapotranspired.
Means 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.
Means 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.
Means 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.
Means the lot or lots upon which a major development is to occur or has occurred.
Means all unconsolidated mineral and organic material of any origin.
Means 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.
Is defined as the geographic application of the State Development and Redevelopment Plan's goals and statewide policies, and the official map of these goals and policies.
Means 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.
Means 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).
Means 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.
Means a public body authorized by legislation to prepare stormwater management plans.
Means 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.
Means water flow on the surface of the ground or in storm sewers, resulting from precipitation.
Means 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.
Means a neighborhood given priority access to state resources through the New Jersey Redevelopment Authority.
Means 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.
Is defined as previously developed portions of areas:
Means 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.
Means the ocean and its estuaries, all springs, streams, wetlands, and bodies of surface water or groundwater, whether natural or artificial, within the boundaries of the State of New Jersey or subject to its jurisdiction.
Means an area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as "hydrophytic vegetation."
(3)
Design and performance standards for stormwater management measures.
(a)
Stormwater management measures for major development shall be designed to provide erosion control, groundwater recharge, stormwater runoff quantity control, and stormwater runoff quality treatment as follows:
[1]
The minimum standards for erosion control are those established under the Soil Erosion and Sediment Control Act, N.J.S.A. 4:24-39 et seq., and implementing rules at N.J.A.C. 2:90.
[2]
The minimum standards for groundwater recharge, stormwater quality, and stormwater runoff quantity shall be met by incorporating green infrastructure.
(b)
The standards in this Subsection F apply only to new major development and are intended to minimize the impact of stormwater runoff on water quality and water quantity in receiving water bodies and maintain groundwater recharge. The standards do not apply to new major development to the extent that alternative design and performance standards are applicable under a regional stormwater management plan or water quality management plan adopted in accordance with Department rules.
(4)
Stormwater management requirements for major development.
(a)
The development shall incorporate a maintenance plan for the stormwater management measures incorporated into the design of a major development in accordance with Subsection F(10).
(b)
Stormwater management measures shall avoid adverse impacts of concentrated flow on habitat for threatened and endangered species as documented in the Department's Landscape Project or Natural Heritage Database established under N.J.S.A. 13:1B-15.147 through 13:1B-15.150, particularly Helonias bullata (swamp pink) and/or Clemmys muhlenbergii (bog turtle).
(c)
The following linear development projects are exempt from the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity requirements of Subsection F(4)(p), (q) and (r):
[1]
The construction of an underground utility line, provided that the disturbed areas are revegetated upon completion;
[2]
The construction of an aboveground utility line, provided that the existing conditions are maintained to the maximum extent practicable; and
[3]
The construction of a public pedestrian access, such as a sidewalk or trail with a maximum width of 14 feet, provided that the access is made of permeable material.
(d)
A waiver from strict compliance from the green infrastructure, groundwater recharge, stormwater runoff quality, and stormwater runoff quantity requirements of Subsection F(4)(o), (p), (q) and (r) may be obtained for the enlargement of an existing public roadway or railroad; or the construction or enlargement of a public pedestrian access, provided that the following conditions are met:
[1]
The applicant demonstrates that there is a public need for the project that cannot be accomplished by any other means;
[4]
The applicant demonstrates that it does not own or have other rights to areas, including the potential to obtain through condemnation lands not falling under Subsection F(4)(d)[3] above within the upstream drainage area of the receiving stream, that would provide additional opportunities to mitigate the requirements of Subsection F(4)(o), (p), (q) and (r) that were not achievable onsite.
(e)
Tables 1 through 3 below summarize the ability of stormwater best management practices identified and described in the New Jersey Stormwater Best Management. Practices Manual to satisfy the green infrastructure, groundwater recharge, stormwater runoff quality and stormwater runoff quantity standards specified in Subsection F(4)(o), (p), (q) and (r). When designed in accordance with the most current version of the New Jersey Stormwater Best Management Practices Manual, the stormwater management measures found at N.J.A.C. 7:8-5.2(f), Tables 5-1, 5-2 and 5-3, and listed below in Tables 1, 2 and 3 are presumed to be capable of providing stormwater controls for the design and performance standards as outlined in the tables below. Upon amendments of the New Jersey Stormwater Best Management Practices to reflect additions or deletions of BMPs meeting these standards, or changes in the presumed performance of BMPs designed in accordance with the New Jersey Stormwater BMP Manual, the Department shall publish in the New Jersey Registers a notice of administrative change revising the applicable table. The most current version of the BMP Manual can be found on the Department's website at: https://njstormwater.org/bmp_manual2.htm.
(f)
Where the BMP tables in the NJ Stormwater Management Rule are different due to updates or amendments with the tables in this Subsection F, 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 (percent) | Stormwater Runoff Quantity | Groundwater Recharge | Minimum Separation from Seasonal High Water Table (feet) |
Cistern | 0 | Yes | No | — |
Dry well(a) | 0 | No | Yes | 2 |
Grass swale | 50 or less | No | No | 2(e) 1(f) |
Green roof | 0 | Yes | No | — |
Manufactured treatment device(a)(g) | 50 or 80 | No | No | Dependent upon the device |
Pervious paving system(a) | 80 | Yes | Yes(b) No(c) | 2(b) 1(c) |
Small-scale bioretention basin(a) | 80 or 90 | Yes | Yes(b) No(c) | 2(b) 1(c) |
Small-scale infiltration basin(a) | 80 | Yes | Yes | 2 |
Small-scale sand filter | 80 | Yes | Yes | 2 |
Vegetative filter strip | 60-80 | No | No | — |
(Notes corresponding to annotations (a) through (g) are found following Table 3.) |
Table 2 Green Infrastructure BMPs for Stormwater Runoff Quantity (or for Groundwater Recharge and/or Stormwater Runoff Quality with a Waiver or Variance from N.J.A.C. 7:8-5.3) | ||||
|---|---|---|---|---|
Best Management Practice | Stormwater Runoff Quality TSS Removal Rate (percent) | Stormwater Runoff Quantity | Groundwater Recharge | Minimum Separation from Seasonal High Water Table (feet) |
Bioretention system | 80 or 90 | Yes | Yes(b) No(c) | 2(b) 1(c) |
Infiltration basin | 80 | Yes | Yes | 2 |
Sand filter(b) | 80 | Yes | Yes | 2 |
Standard constructed wetland | 90 | Yes | No | N/A |
Wet pond(d) | 50-90 | Yes | No | N/A |
(Notes corresponding to annotations (b) through (d) are found following Table 3.) |
Table 3 BMPs for Groundwater Recharge, Stormwater Runoff Quality, and/or Stormwater Runoff Quantity only with a Waiver or Variance from N.J.A.C. 7:8-5.3 | ||||
|---|---|---|---|---|
Best Management Practice | Stormwater Runoff Quality TSS Removal Rate (percent) | Stormwater Runoff Quantity | Groundwater Recharge | Minimum Separation from Seasonal High Water Table (feet) |
Blue roof | 0 | Yes | No | N/A |
Extended detention basin | 40-60 | 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 | 50-90 | Yes | No | N/A |
Notes to Tables 1, 2, and 3: | |
|---|---|
(a) | Subject to the applicable contributory drainage area limitation specified at Subsection F(4)(o)[2]; |
(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 F(2); |
(h) | Manufactured treatment devices that do not meet the definition of "green infrastructure" at Subsection F(2). |
(g)
An alternative stormwater management measure, alternative removal rate, and/or alternative method to calculate the removal rate may be used if the design engineer demonstrates the capability of the proposed alternative stormwater management measure and/or the validity of the alternative rate or method to the municipality. A copy of any approved alternative stormwater management measure, alternative removal rate, and/or alternative method to calculate the removal rate shall be provided to the Department in accordance with Subsection F(6)(b). Alternative stormwater management measures may be used to satisfy the requirements at Subsection F(4)(o) only if the measures meet the definition of "green infrastructure" at Subsection F(2). Alternative stormwater management measures that function in a similar manner to a BMP listed at Subsection F(4)(o)[2] are subject to the contributory drainage area limitation specified at Subsection F(4)(o)[2] 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 F(4)(o)[2] 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 F(4)(d) is granted from Subsection F(4)(o).
(h)
Whenever the stormwater management design includes one or more BMPs that will infiltrate stormwater into subsoil, the design engineer shall assess the hydraulic impact on the groundwater table and design the site so as to avoid adverse hydraulic impacts. Potential adverse hydraulic impacts include, but are not limited to, exacerbating a naturally or seasonally high water table, so as to cause surficial ponding, flooding of basements, or interference with the proper operation of subsurface sewage disposal systems or other subsurface structures within the zone of influence of the groundwater mound, or interference with the proper functioning of the stormwater management measure itself.
(i)
Design standards for stormwater management measures are as follows:
[1]
Stormwater management measures shall be designed to take into account the existing site conditions, including, but not limited to, environmentally critical areas; wetlands; flood-prone areas; slopes; depth to seasonal high water table; soil type, permeability, and texture; drainage area and drainage patterns; and the presence of solution-prone carbonate rocks (limestone);
[2]
Stormwater management measures shall be designed to minimize maintenance, facilitate maintenance and repairs, and ensure proper functioning. Trash racks shall be installed at the intake to the outlet structure, as appropriate, and shall have parallel bars with one-inch spacing between the bars to the elevation of the water quality design storm. For elevations higher than the water quality design storm, the parallel bars at the outlet structure shall be spaced no greater than 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 F(8)(c);
[3]
Stormwater management measures shall be designed, constructed, and installed to be strong, durable, and corrosion resistant. Measures that are consistent with the relevant portions of the Residential Site Improvement Standards at N.J.A.C. 5:21-7.3, 5:21-7.4, and 5:21-7.5 shall be deemed to meet this requirement;
[4]
Stormwater management BMPs shall be designed to meet the minimum safety standards for stormwater management BMPs at Subsection F(8); and
[5]
The size of the orifice at the intake to the outlet from the stormwater management BMP shall be a minimum of 2 1/2 inches in diameter.
(j)
Manufactured treatment devices may be used to meet the requirements of this subsection, 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 F(2) may be used only under the circumstances described at Subsection F(4)(o)[4].
(k)
Any application for a new agricultural development that meets the definition of "major development" at Subsection F(2) shall be submitted to the Soil Conservation District for review and approval in accordance with the requirements at Subsection F(4)(o), (p), (q) and (r) and any applicable Soil Conservation District guidelines for stormwater runoff quantity and erosion control. For purposes of this subsection, "agricultural development" means land uses normally associated with the production of food, fiber, and livestock for sale. Such uses do not include the development of land for the processing or sale of food and the manufacture of agriculturally related products.
(l)
If there is more than one drainage area, the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at Subsection F(4)(p), (q) and (r) shall be met in each drainage area, unless the runoff from the drainage areas converge onsite and no adverse environmental impact would occur as a result of compliance with any one or more of the individual standards being determined utilizing a weighted average of the results achieved for that individual standard across the affected drainage areas.
(m)
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 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 F(4)(o), (p), (q) and (r) and shall identify the location of the stormwater management measure(s) in NAD 1983 State Plane New Jersey FIPS 2900 US Feet or Latitude and Longitude in decimal degrees. The deed notice shall also reference the maintenance plan required to be recorded upon the deed pursuant to Subsection F(10)(b)[5]. 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.
(n)
A stormwater management measure approved under the municipal stormwater management plan or ordinance may be altered or replaced with the approval of the municipality, if the municipality determines that the proposed alteration or replacement meets the design and performance standards pursuant to Subsection F(4) 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 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 F(4)(m) above. Prior to the commencement of construction, proof that the above required deed notice has been filed shall be submitted to the municipality in accordance with Subsection F(4)(m) above.
(o)
Green infrastructure standards.
[1]
This subsection specifies the types of green infrastructure BMPs that may be used to satisfy the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards.
[2]
To satisfy the groundwater recharge and stormwater runoff quality standards at Subsection F(4)(p) and (q), the design engineer shall utilize green infrastructure BMPs identified in Table 1 at Subsection F(4)(f) and/or an alternative stormwater management measure approved in accordance with Subsection F(4)(g). 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 |
[4]
If a variance in accordance with N.J.A.C. 7:8-4.6 or a waiver from strict compliance in accordance with Subsection F(4)D 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 F(4)(g) may be used to meet the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at Subsection F(4)(p), (q) and (r).
[5]
For separate or combined storm sewer improvement projects, such as sewer separation, undertaken by a government agency or public utility (for example, a sewerage company), the requirements of this subsection shall only apply to areas owned in fee simple by the government agency or utility, and areas within a right-of-way or easement held or controlled by the government agency or utility; the entity shall not be required to obtain additional property or property rights to fully satisfy the requirements of this subsection. Regardless of the amount of area of a separate or combined storm sewer improvement project subject to the green infrastructure requirements of this subsection, each project shall fully comply with the applicable groundwater recharge, stormwater runoff quality control, and stormwater runoff quantity standards at Subsection F(4)(p), (q) and (r), unless the project is granted a waiver from strict compliance in accordance with Subsection F(4)D.
(p)
Groundwater recharge standards.
[1]
This subsection contains the minimum design and performance standards for groundwater recharge as follows.
[2]
The design engineer shall, using the assumptions and factors for stormwater runoff and groundwater recharge calculations at Subsection F(5), either:
[a]
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
[b]
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.
[3]
This groundwater recharge requirement does not apply to projects within the "urban redevelopment area," or to projects subject to Subsection F(4)(p)[4] below.
[4]
The following types of stormwater shall not be recharged:
[a]
Stormwater from areas of high pollutant loading. High pollutant loading areas are areas in industrial and commercial developments where solvents and/or petroleum products are loaded/unloaded, stored, or applied; areas where pesticides are loaded/unloaded or stored; areas where hazardous materials are expected to be present in greater than "reportable quantities" as defined by the United States Environmental Protection Agency (EPA) at 40 CFR 302.4; areas where recharge would be inconsistent with Department approved remedial action work plan or landfill closure plan and areas with high risks for spills of toxic materials, such as gas stations and vehicle maintenance facilities; and
[b]
Industrial stormwater exposed to source material. "Source material" means any material(s) or machinery, located at an industrial facility, that is directly or indirectly related to process, manufacturing or other industrial activities, which could be a source of pollutants in any industrial stormwater discharge to groundwater. Source materials include, but are not limited to, raw materials; intermediate products; final products; waste materials; by-products; industrial machinery and fuels, and lubricants, solvents, and detergents that are related to process, manufacturing, or other industrial activities that are exposed to stormwater.
(q)
Stormwater runoff quality standards.
[1]
This subsection contains the minimum design and performance standards to control stormwater runoff quality impacts of major development. Stormwater runoff quality standards are applicable when the major development results in an increase of 1/4 acre or more of regulated motor vehicle surface.
[2]
Stormwater management measures shall be designed to reduce the post-construction load of total suspended solids (TSS) in stormwater runoff generated from the water quality design storm as follows:
[a]
Eighty percent TSS removal of the anticipated load, expressed as an annual average, shall be achieved for the stormwater runoff from the net increase of motor vehicle surface.
[b]
If the surface is considered regulated motor vehicle surface because the water quality treatment for an area of motor vehicle surface that is currently receiving water quality treatment either by vegetation or soil, by an existing stormwater management measure, or by treatment at a wastewater treatment plant is to be modified or removed, the project shall maintain or increase the existing TSS removal of the anticipated load expressed as an annual average.
[3]
The requirement to reduce TSS does not apply to any stormwater runoff in a discharge regulated under a numeric effluent limitation for TSS imposed under the New Jersey Pollutant Discharge Elimination System (NJPDES) rules, N.J.A.C. 7:14A, or in a discharge specifically exempt under a NJPDES permit from this requirement. Every major development, including any that discharge into a combined sewer system, shall comply with Subsection F(4)(q)[2] above, unless the major development is itself subject to a NJPDES permit with a numeric effluent limitation for TSS or the NJPDES permit to which the major development is subject exempts the development from a numeric effluent limitation for TSS.
[4]
The water quality design storm is 1.25 inches of rainfall in two hours. Water quality calculations shall take into account the distribution of rain from the water quality design storm, as reflected in Table 4, below. The calculation of the volume of runoff may take into account the implementation of stormwater management measures.
Table 4 - Water Quality Design Storm Distribution | |||||
|---|---|---|---|---|---|
Time (minutes) | Cumulative Rainfall (inches) | Time (minutes) | Cumulative Rainfall (inches) | Time (minutes) | Cumulative Rainfall (inches) |
1 | 0.00166 | 41 | 0.1728 | 81 | 1.0906 |
2 | 0.00332 | 42 | 0.1796 | 82 | 1.0972 |
3 | 0.00498 | 43 | 0.1864 | 83 | 1.1038 |
4 | 0.00664 | 44 | 0.1932 | 84 | 1.1104 |
5 | 0.00830 | 45 | 0.2000 | 85 | 1.1170 |
6 | 0.00996 | 46 | 0.2117 | 86 | 1.1236 |
7 | 0.01162 | 47 | 0.2233 | 87 | 1.1302 |
8 | 0.01328 | 48 | 0.2350 | 88 | 1.1368 |
9 | 0.01494 | 49 | 0.2466 | 89 | 1.1434 |
10 | 0.01660 | 50 | 0.2583 | 90 | 1.1500 |
11 | 0.01828 | 51 | 0.2783 | 91 | 1.1550 |
12 | 0.01996 | 52 | 0.2983 | 92 | 1.1600 |
13 | 0.02164 | 53 | 0.3183 | 93 | 1.1650 |
14 | 0.02332 | 54 | 0.3383 | 94 | 1.1700 |
15 | 0.02500 | 55 | 0.3583 | 95 | 1.1750 |
16 | 0.03000 | 56 | 0.4116 | 96 | 1.1800 |
17 | 0.03500 | 57 | 0.4650 | 97 | 1.1850 |
18 | 0.04000 | 58 | 0.5183 | 98 | 1.1900 |
19 | 0.04500 | 59 | 0.5717 | 99 | 1.1950 |
20 | 0.05000 | 60 | 0.6250 | 100 | 1.2000 |
21 | 0.05500 | 61 | 0.6783 | 101 | 1.2050 |
22 | 0.06000 | 62 | 0.7317 | 102 | 1.2100 |
23 | 0.06500 | 63 | 0.7850 | 103 | 1.2150 |
24 | 0.07000 | 64 | 0.8384 | 104 | 1.2200 |
25 | 0.07500 | 65 | 0.8917 | 105 | 1.2250 |
26 | 0.08000 | 66 | 0.9117 | 106 | 1.2267 |
27 | 0.08500 | 67 | 0.9317 | 107 | 1.2284 |
28 | 0.09000 | 68 | 0.9517 | 108 | 1.2300 |
29 | 0.09500 | 69 | 0.9717 | 109 | 1.2317 |
30 | 0.10000 | 70 | 0.9917 | 110 | 1.2334 |
31 | 0.10660 | 71 | 1.0034 | 111 | 1.2351 |
32 | 0.11320 | 72 | 1.0150 | 112 | 1.2367 |
33 | 0.11980 | 73 | 1.0267 | 113 | 1.2384 |
34 | 0.12640 | 74 | 1.0383 | 114 | 1.2400 |
35 | 0.13300 | 75 | 1.0500 | 115 | 1.2417 |
36 | 0.13960 | 76 | 1.0568 | 116 | 1.2434 |
37 | 0.14620 | 77 | 1.0636 | 117 | 1.2450 |
38 | 0.15280 | 78 | 1.0704 | 118 | 1.2467 |
39 | 0.15940 | 79 | 1.0772 | 119 | 1.2483 |
40 | 0.16600 | 80 | 1.0840 | 120 | 1.2500 |
[5]
If more than one BMP in series is necessary to achieve the required 80% TSS reduction for a site, the applicant shall utilize the following formula to calculate TSS reduction:
R = A + B - (A x B)/100 | ||
Where | ||
R | = | Total TSS percent load removal from application of both BMPs; and |
A | = | The TSS percent removal rate applicable to the first BMP. |
B | = | The TSS percent removal rate applicable to the second BMP. |
[6]
Stormwater management measures shall also be designed to reduce, to the maximum extent feasible, the post-construction nutrient load of the anticipated load from the developed site in stormwater runoff generated from the water quality design storm. 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 F(4)(p), (q) and (r).
[7]
In accordance with the definition of "FW1" at N.J.A.C. 7:9B-1.4, stormwater management measures shall be designed to prevent any increase in stormwater runoff to waters classified as FW1.
[8]
The Flood Hazard Area Control Act Rules at N.J.A.C. 7:13-4.1(c)1 establish 300-foot riparian zones along Category One waters, as designated in the Surface Water Quality Standards at N.J.A.C. 7:9B, and certain upstream tributaries to Category One waters. A person shall not undertake a major development that is located within or discharges into a 300-foot riparian zone without prior authorization from the Department under N.J.A.C. 7:13.
[9]
Pursuant to the Flood Hazard Area Control Act Rules at N.J.A.C. 7:13-11.2(j)3i, runoff from the water quality design storm that is discharged within a 300-foot riparian zone shall be treated in accordance with this subsection to reduce the post-construction load of total suspended solids by 95% of the anticipated load from the developed site, expressed as an annual average.
[10]
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.
(r)
Stormwater runoff quantity standards.
[1]
This subsection contains the minimum design and performance standards to control stormwater runoff quantity impacts of major development.
[2]
In order to control stormwater runoff quantity impacts, the design engineer shall, using the assumptions and factors for stormwater runoff calculations at Subsection F(5), complete one of the following:
[a]
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 pre-construction runoff hydrographs for the same storm events;
[b]
Demonstrate through hydrologic and hydraulic analysis that there is no increase, as compared to the pre-construction condition, in the peak runoff rates of stormwater leaving the site for the two-, ten- and 100-year storm events and that the increased volume or change in timing of stormwater runoff will not increase flood damage at or downstream of the site. This analysis shall include the analysis of impacts of existing land uses and projected land uses assuming full development under existing zoning and land use ordinances in the drainage area;
[c]
Design stormwater management measures so that the 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
[d]
In tidal flood hazard areas, stormwater runoff quantity analysis in accordance with Subsection F(4)(r)[2][a], [b] and [c] above is required unless the design engineer demonstrates through hydrologic and hydraulic analysis that the increased volume, change in timing, or increased rate of the stormwater runoff, or any combination of the three will not result in additional flood damage below the point of discharge of the major development. No analysis is required if the stormwater is discharged directly into any ocean, bay, inlet, or the reach of any watercourse between its confluence with an ocean, bay, or inlet and downstream of the first water control structure.
[3]
The stormwater runoff quantity standards shall be applied at the site's boundary to each abutting lot, roadway, watercourse, or receiving storm sewer system.
(5)
Calculation of stormwater runoff and groundwater recharge.
(a)
Stormwater runoff shall be calculated in accordance with the following:
[1]
The design engineer shall calculate runoff using one of the following methods:
[a]
The USDA Natural Resources Conservation Service (NRCS) methodology, including the NRCS Runoff Equation and Dimensionless Unit Hydrograph, as described in Chapters 7, 9, 10, 15 and 16, Part 630, Hydrology National Engineering Handbook, incorporated herein by reference as amended and supplemented. This methodology is additionally described in Technical Release 55 - Urban Hydrology for Small Watersheds (TR-55), dated June 1986, incorporated herein by reference as amended and supplemented. Information regarding the methodology is available from the Natural Resources Conservation Service website at: https://www.nrcs.usda.gov/Internet/FSE DOCUMENTS/stelprdb1044171.pdf or at United States Department of Agriculture Natural Resources Conservation Service, 220 Davison Avenue, Somerset, New Jersey 08873; or
[b]
The Rational Method for peak flow and the Modified Rational Method for hydrograph computations. The Rational and Modified Rational Methods are described in "Appendix A-9, Modified Rational Method," in the Standards for Soil Erosion and Sediment Control in New Jersey, January 2014. This document is available from the State Soil Conservation Committee or any of the Soil Conservation Districts listed at N.J.A.C. 2:90-1.3(a)3. The location, address, and telephone number for each Soil Conservation District is available from the State Soil Conservation Committee, PO Box 330, Trenton, New Jersey 08625. The document is also available at: http://www.nj.gov/agriculture/divisions/anr/pdf/2014NJSoilErosionControlStan dardsComplete.pdf.
[2]
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 F(5)(a)[1][a] and the Rational and Modified Rational Methods at Subsection F(5)(a)[1][b]. A runoff coefficient or a groundwater recharge land cover for an existing condition may be used on all or a portion of the site if the design engineer verifies that the hydrologic condition has existed on the site or portion of the site for at least five years without interruption prior to the time of application. If more than one land cover 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).
[3]
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.
[4]
In computing stormwater runoff from all design storms, the design engineer shall consider the relative stormwater runoff rates and/or volumes of pervious and impervious surfaces separately to accurately compute the rates and volume of stormwater runoff from the site. To calculate runoff from unconnected impervious cover, urban impervious area modifications as described in the NRCS Technical Release 55 - Urban Hydrology for Small Watersheds or other methods may be employed.
[5]
If the invert of the outlet structure of a stormwater management measure is below the flood hazard design flood elevation as defined at N.J.A.C. 7:13, the design engineer shall take into account the effects of tailwater in the design of structural stormwater management measures.
(b)
Groundwater recharge may be calculated in accordance with the following:
The New Jersey Geological Survey Report GSR-32, A Method for Evaluating Groundwater-Recharge Areas in New Jersey, incorporated herein by reference as amended and supplemented. Information regarding the methodology is available from the New Jersey Stormwater Best Management Practices Manual; at the New Jersey Geological Survey website at: https://www.nj.gov/dep/njgs/pricelst/gsreport/gsr32.pdf or at New Jersey Geological and Water Survey, 29 Arctic Parkway, PO Box 420 Mail Code 29-01, Trenton, New Jersey 08625-0420.
(6)
Sources for technical guidance.
(a)
Technical guidance for stormwater management measures can be found in the documents listed below, which are available to download from the Department's website at:
http://www.nj.gov/dep/stormwater/bmp_manual2.htm.
[1]
Guidelines for stormwater management measures are contained in the New Jersey Stormwater Best Management Practices Manual, as amended and supplemented. Information is provided on stormwater management measures such as, but not limited to, those listed in Tables 1, 2, and 3.
[2]
Additional maintenance guidance is available on the Department's website at:
https://www.njstormwater.org/maintenance_guidance.htm.
(b)
Submissions required for review by the Department should be mailed to: The Division of Water Quality, New Jersey Department of Environmental Protection, Mail Code 401-02B, PO Box 420, Trenton, New Jersey 08625-0420.
(7)
Solids and floatable materials control standards.
(a)
Site design features identified under Subsection F(4)(f) above, or alternative designs in accordance with Subsection F(4)(g) 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 F(7)(a)[2] below.
[1]
Design engineers shall use one of the following grates whenever they use a grate in pavement or another ground surface to collect stormwater from that surface into a storm drain or surface water body under that grate:
[a]
The New Jersey Department of Transportation (NJDOT) bicycle safe grate, which is described in Chapter 2.4 of the NJDOT Bicycle Compatible Roadways and Bikeways Planning and Design Guidelines; or
[b]
A different grate, if each individual clear space in that grate has an area of no more than 7.0 square inches, or is no greater than 0.5 inch across the smallest dimension.
Examples of grates subject to this standard include grates in grate inlets, the grate portion (non-curb-opening portion) of combination inlets, grates on storm sewer manholes, ditch grates, trench grates, and grates of spacer bars in slotted drains. Examples of ground surfaces include surfaces of roads (including bridges), driveways, parking areas, bikeways, plazas, sidewalks, lawns, fields, open channels, and stormwater system floors used to collect stormwater from the surface into a storm drain or surface water body.
[c]
For curb-opening inlets, including curb-opening inlets in combination inlets, the clear space in that curb opening, or each individual clear space if the curb opening has two or more clear spaces, shall have an area of no more than 7.0 square inches, or be no greater than 2.0 inches across the smallest dimension.
[2]
The standard in Subsection F(7)(a)[1] above does not apply:
[a]
Where each individual clear space in the curb opening in existing curb-opening inlet does not have an area of more than 9.0 square inches;
[b]
Where the municipality agrees that the standards would cause inadequate hydraulic performance that could not practicably be overcome by using additional or larger storm drain inlets;
[c]
Where flows from the water quality design storm as specified in N.J.A.C. 7:8 are conveyed through any device (e.g., end of pipe netting facility, manufactured treatment device, or a catch basin hood) that is designed, at a minimum, to prevent delivery of all solid and floatable materials that could not pass through one of the following:
[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 5:21-7.4(b)1).
[d]
Where flows are conveyed through a trash rack that has parallel bars with one-inch spacing between the bars, to the elevation of the water quality design storm as specified in N.J.A.C. 7:8; or
[e]
Where the New Jersey Department of Environmental Protection determines, pursuant to the New Jersey Register of Historic Places Rules at N.J.A.C. 7:4-7.2(c), that action to meet this standard is an undertaking that constitutes an encroachment or will damage or destroy the New Jersey Register listed historic property.
(8)
Safety standards for stormwater management basins.
(a)
This section sets forth requirements to protect public safety through the proper design and operation of stormwater management BMPs. This section applies to any new stormwater management BMP.
(b)
The provisions of this section are not intended to preempt more stringent municipal or county safety requirements for new or existing stormwater management BMPs. Municipal and county stormwater management plans and ordinances may, pursuant to their authority, require existing stormwater management BMPs to be retrofitted to meet one or more of the safety standards in Subsection F(8)(c)[1], [2], and [3] for trash racks, overflow grates, and escape provisions at outlet structures.
(c)
Requirements for trash racks, overflow grates and escape provisions.
[1]
A trash rack is a device designed to catch trash and debris and prevent the clogging of outlet structures. Trash racks shall be installed at the intake to the outlet from the stormwater management BMP to ensure proper functioning of the BMP outlets in accordance with the following:
[a]
The trash rack shall have parallel bars, with no greater than six-inch spacing between the bars;
[b]
The trash rack shall be designed so as not to adversely affect the hydraulic performance of the outlet pipe or structure;
[c]
The average velocity of flow through a clean trash rack is not to exceed 2.5 feet per second under the full range of stage and discharge. Velocity is to be computed on the basis of the net area of opening through the rack; and
[d]
The trash rack shall be constructed of rigid, durable, and corrosion resistant material and designed to withstand a perpendicular live loading of 300 pounds per square foot.
[2]
An overflow grate is designed to prevent obstruction of the overflow structure. If an outlet structure has an overflow grate, such grate shall meet the following requirements:
[a]
The overflow grate shall be secured to the outlet structure but removable for emergencies and maintenance.
[b]
The overflow grate spacing shall be no less than two inches across the smallest dimension.
[c]
The overflow grate shall be constructed and installed to be rigid, durable, and corrosion resistant, and shall be designed to withstand a perpendicular live loading of 300 pounds per square foot.
[3]
Stormwater management BMPs shall include escape provisions as follows:
[a]
If a stormwater management BMP has an outlet structure, escape provisions shall be incorporated in or on the structure. Escape provisions include the installation of permanent ladders, steps, rungs, or other features that provide easily accessible means of egress from stormwater management BMPs. With the prior approval of the municipality pursuant to Subsection F(8)(c), a free-standing outlet structure may be exempted from this requirement;
[b]
Safety ledges shall be constructed on the slopes of all new stormwater management BMPs having a permanent pool of water deeper than 2 1/2 feet. Safety ledges shall be comprised of two steps. Each step shall be four 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 F(8)(e) for an illustration of safety ledges in a stormwater management BMP; and
[c]
In new stormwater management BMPs, the maximum interior slope for an earthen dam, embankment, or berm shall not be steeper than three horizontal to one vertical.
(d)
Variance or exemption from safety standard. A variance or exemption from the safety standards for stormwater management BMPs may be granted only upon a written finding by the municipality that the variance or exemption will not constitute a threat to public safety.
(e)
Safety ledge illustration.
 |
(9)
Requirements for a site development stormwater plan.
(a)
(b)
Site development stormwater plan approval. The applicant's site development project shall be reviewed as a part of the review process by the municipal board or official from which municipal approval is sought. That municipal board or official shall consult the municipality's review engineer to determine if all of the checklist requirements have been satisfied and to determine if the project meets the standards set forth in this Subsection F.
(c)
Submission of site development stormwater plan. The following information shall be required:
[1]
Topographic base map. The reviewing engineer may require upstream tributary drainage system information as necessary. It is recommended that the topographic base map of the site be submitted which extends a minimum of 200 feet beyond the limits of the proposed development, at a scale of one inch equals 200 feet or greater, showing two-foot contour intervals. The map as appropriate may indicate the following: existing surface water drainage, shorelines, steep slopes, soils, erodible soils, perennial or intermittent streams that drain into or upstream of the Category One waters, wetlands and flood plains along with their appropriate buffer strips, marshlands and other wetlands, pervious or vegetative surfaces, existing man-made structures, roads, bearing and distances of property lines, and significant natural and man-made features not otherwise shown.
[2]
Environmental site analysis. A written and graphic description of the natural and man-made features of the site and its surroundings should be submitted. This description should include a discussion of soil conditions, slopes, wetlands, waterways and vegetation on the site. Particular attention should be given to unique, unusual, or environmentally sensitive features and to those that provide particular opportunities or constraints for development.
[3]
Project description and site plans. A map (or maps) at the scale of the topographical base map indicating the location of existing and proposed buildings, roads, parking areas, utilities, structural facilities for stormwater management and sediment control, and other permanent structures. The map(s) shall also clearly show areas where alterations will occur in the natural terrain and cover, including lawns and other landscaping, and seasonal high groundwater elevations. A written description of the site plan and justification for proposed changes in natural conditions shall also be provided.
[4]
Land use planning and source control plan. This plan shall provide a demonstration of how the goals and standards of Subsection F(3) through (5) are being met. The focus of this plan shall be to describe how the site is being developed to meet the objective of controlling groundwater recharge, stormwater quality and stormwater quantity problems at the source by land management and source controls whenever possible.
[5]
Stormwater management facilities map. The following information, illustrated on a map of the same scale as the topographic base map, shall be included:
[a]
Total area to be disturbed, paved or built upon, proposed surface contours, land area to be occupied by the stormwater management facilities and the type of vegetation thereon, and details of the proposed plan to control and dispose of stormwater.
[b]
Details of all stormwater management facility designs, during and after construction, including discharge provisions, discharge capacity for each outlet at different levels of detention and emergency spillway provisions with maximum discharge capacity of each spillway.
[6]
Calculations.
[a]
Comprehensive hydrologic and hydraulic design calculations for the pre-development and post-development conditions for the design storms specified in Subsection F(4) of this section.
[b]
When the proposed stormwater management control measures depend on the hydrologic properties of soils or require certain separation from the seasonal high water table, then a soils report shall be submitted. The soils report shall be based on 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.
[7]
Maintenance and repair plan. The design and planning of the stormwater management facility shall meet the maintenance requirements of Subsection F(10).
[8]
Waiver from submission requirements. The municipal official or board reviewing an application under this Subsection F may, in consultation with the municipality's review engineer, waive submission of any of the requirements in Subsection F(9)(c)[1] through [6] of this section when it can be demonstrated that the information requested is impossible to obtain or it would create a hardship on the applicant to obtain and its absence will not materially affect the review process.
(10)
Maintenance and repair.
(b)
General maintenance.
[1]
The design engineer shall prepare a maintenance plan for the stormwater management measures incorporated into the design of a major development.
[2]
The maintenance plan shall contain specific preventative maintenance tasks and schedules; cost estimates, including estimated cost of sediment, debris, or trash removal; and the name, address, and telephone number of the person or persons responsible for preventative and corrective maintenance (including replacement). The plan shall contain information on BMP location, design, ownership, maintenance tasks and frequencies, and other details as specified in Chapter 8 of the NJ BMP Manual, as well as the tasks specific to the type of BMP, as described in the applicable chapter containing design specifics.
[3]
If the maintenance plan identifies a person other than the property owner (for example, a developer, a public agency or homeowners' association) as having the responsibility for maintenance, the plan shall include documentation of such person's or entity's agreement to assume this responsibility, or of the owner's obligation to dedicate a stormwater management facility to such person under an applicable ordinance or regulation.
[4]
Responsibility for maintenance shall not be assigned or transferred to the owner or tenant of an individual property in a residential development or project, unless such owner or tenant owns or leases the entire residential development or project. The individual property owner may be assigned incidental tasks, such as weeding of a green infrastructure BMP, provided the individual agrees to assume these tasks; however, the individual cannot be legally responsible for all of the maintenance required.
[5]
If the party responsible for maintenance identified under Subsection F(10)(b)[3] above is not a public agency, the maintenance plan and any future revisions based on Subsection F(10)(b)[7] below shall be recorded upon the deed of record for each property on which the maintenance described in the maintenance plan must be undertaken.
[6]
Preventative and corrective maintenance shall be performed to maintain the functional parameters (storage volume, infiltration rates, inflow/outflow capacity, etc.) of the stormwater management measure, including, but not limited to, repairs or replacement to the structure; removal of sediment, debris, or trash; restoration of eroded areas; snow and ice removal; fence repair or replacement; restoration of vegetation; and repair or replacement of non-vegetated linings.
[7]
The party responsible for maintenance identified under Subsection F(10)(b)[3] above shall perform all of the following requirements:
[a]
Maintain a detailed log of all preventative and corrective maintenance for the structural stormwater management measures incorporated into the design of the development, including a record of all inspections and copies of all maintenance-related work orders;
[b]
Evaluate the effectiveness of the maintenance plan at least once per year and adjust the plan and the deed as needed; and
[c]
Retain and make available, upon request by any public entity with administrative, health, environmental, or safety authority over the site, the maintenance plan and the documentation required by Subsection F(10)(b)[6] and [7] above.
[8]
The requirements of Subsection F(10)(b)[3] and [4] do not apply to stormwater management facilities that are dedicated to and accepted by the municipality or another governmental agency, subject to all applicable municipal stormwater general permit conditions, as issued by the Department.
[9]
In the event that the stormwater management facility becomes a danger to public safety or public health, or if it is in need of maintenance or repair, the municipality shall so notify the responsible person in writing. Upon receipt of that notice, the responsible person shall have 14 days to effect maintenance and repair of the facility in a manner that is approved by the Municipal Engineer or his designee. The municipality, in its discretion, may extend the time allowed for effecting maintenance and repair for good cause. If the responsible person fails or refuses to perform such maintenance and repair, the municipality or county may immediately proceed to do so and shall bill the cost thereof to the responsible person. Nonpayment of such bill may result in a lien on the property.
(c)
Nothing in this subsection shall preclude the municipality in which the major development is located from requiring the posting of a performance or maintenance guarantee in accordance with N.J.S.A. 40:55D-53.
(11)
Violations and penalties. Any person(s) who erects, constructs, alters, repairs, converts, maintains, or uses any building, structure or land in violation of this Subsection F shall be subject to the following penalties:
(12)
Severability. Each section, subsection, sentence, clause and phrase of this Subsection F is declared to be an independent section, subsection, sentence, clause and phrase, and the finding or holding of any such portion of this Subsection F to be unconstitutional, void, or ineffective for any cause, or reason, shall not affect any other portion of this Subsection F.
(13)
When effective. This Subsection F shall be in full force and effect from and after its adoption and any publication as required by law.
(14)
Privately-owned salt storage.
(a)
Purpose.
[1]
The purpose of this Subsection F(14) is to prevent stored salt and other solid de-icing materials from being exposed to stormwater.
[2]
This Subsection F(14) establishes requirements for the storage of salt and other solid de-icing materials on properties not owned or operated by the municipality (privately-owned), including residences, in Borough of Pine Beach to protect the environment, public health, safety and welfare, and to prescribe penalties for failure to comply.
(b) DE-ICING MATERIALS IMPERVIOUS SURFACE PERMANENT STRUCTURE[1] [2] [3] [4] [5] PERSON RESIDENT STORM DRAIN INLET
Definitions. For the purpose of this Subsection F(14), 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 consistent 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.
Means any granular or solid material such as melting salt or any other granular solid that assists in the melting of snow.
Means a surface that has been covered with a layer of material so that it is highly resistant to infiltration by water.
Means a permanent building or permanent structure that is anchored to a permanent foundation with an impermeable floor, and that is completely roofed and walled (new structures require a door or other means of sealing the accessway from wind-driven rainfall). A fabric frame structure is a permanent structure if it meets the following specifications:
Concrete blocks, jersey barriers or other similar material shall be placed around the interior of the structure to protect the side walls during loading and unloading of de-icing materials;
The design shall prevent stormwater run-on and run-through, and the fabric cannot leak;
The structure shall be erected on an impermeable slab;
The structure cannot be open sided; and
The structure shall have a roll-up door or other means of sealing the accessway from wind-driven rainfall.
Means any individual, corporation, company, partnership, firm, association, or political subdivision of this state subject to municipal jurisdiction.
Means a person who resides on a residential property where de-icing material is stored.
Means the point of entry into the storm sewer system.
(c)
De-icing material storage requirements.
[1]
Temporary outdoor storage of de-icing materials in accordance with the requirements below is allowed between October 15 and April 15:
[a]
Loose materials shall be placed on a flat, impervious surface in a manner that prevents stormwater run-through;
[b]
Loose materials shall be placed at least 50 feet from surface water bodies, storm drain inlets, ditches and/or other stormwater conveyance channels;
[c]
Loose materials shall be maintained in a cone-shaped storage pile. If loading or unloading activities alter the cone shape during daily activities, tracked materials shall be swept back into the storage pile, and the storage pile shall be reshaped into a cone after use;
[d]
Loose materials shall be covered as follows:
[i]
The cover shall be waterproof, impermeable, and flexible;
[ii]
The cover shall extend to the base of the pile(s);
[iii]
The cover shall be free from holes or tears;
[iv]
The cover shall be secured and weighed down around the perimeter to prevent removal by wind; and
[v]
Weight shall be placed on the cover(s) in such a way that minimizes the potential of exposure as materials shift and runoff flows down to the base of the pile.
[A]
Sandbags lashed together with rope or cable and placed uniformly over the flexible cover, or poly-cord nets, provide a suitable method. Items that can potentially hold water (e.g., old tires) shall not be used;
[e]
Containers must be sealed when not in use; and
[f]
The site shall be free of all de-icing materials between April 16 and October 14.
[2]
De-icing materials should be stored in a permanent structure if a suitable storage structure is available. For storage of loose de-icing materials in a permanent structure, such storage may be permanent, and thus not restricted to October 15 through April 15.
[3]
The property owner, or owner of the de-icing materials if different, shall designate a person(s) responsible for operations at the site where these materials are stored outdoors, and who shall document that weekly inspections are conducted to ensure that the conditions of this Subsection F(14) are met. Inspection records shall be kept on site and made available to the municipality upon request.
[a]
Residents who operate businesses from their homes that utilize de-icing materials are required to perform weekly inspections.
(d)
Exemptions.
[1]
Residents may store de-icing materials outside in a solid-walled, closed container that prevents precipitation from entering and exiting the container, and which prevents the de-icing materials from leaking or spilling out. Under these circumstances, weekly inspections are not necessary, but repair or replacement of damaged or inadequate containers shall occur within two weeks.
(e)
Enforcement. This Subsection F(14) shall be enforced by the Code Enforcement Officer during the course of ordinary enforcement duties.
(f)
Violations and penalties. Any person(s) who is found to be in violation of the provisions of this Subsection F(14) shall have 72 hours to complete corrective action. Repeat violations and/or failure to complete corrective action shall result in further action as deemed appropriate by the Borough of Pine Beach officials.
(g)
Severability. Each section, subsection, sentence, clause, and phrase of this Subsection F(14) is declared to be an independent section, subsection, sentence, clause, and phrase, and finding or holding of any such portion of this Subsection F(14) to be unconstitutional, void, or ineffective for any cause or reason shall not affect any other portion of this Subsection F(14).
(15)
Tree removal and replacement.
(a)
Purpose: to establish requirements for tree removal and replacement in the Borough of Pine Beach to reduce soil erosion and pollutant runoff, promote infiltration of rainwater into the soil, and protect the environment, public health, safety, and welfare.
(b) APPLICANT CRITICAL ROOT RADIUS (CRR) DIAMETER AT BREAST HEIGHT (DBH) HAZARD TREE[1] [2] [3] [4] [5] PERSON PLANTING STRIP RESIDENT STREET TREE TREE TREE CALIPER TREE REMOVAL
Definitions. For the purpose of this Subsection F(15), the following terms, phrases, words, and their derivations shall have the meanings stated herein unless their use in the text of this Subsection F(15) clearly demonstrates a different meaning. When consistent 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 use of the word "shall" means the requirement is always mandatory and not merely directory.
Means any person, as defined below, who applies for approval to remove trees regulated under this Subsection F(15).
Means the zone around the base of a tree where the majority of the root system is found. This zone is calculated by multiplying the diameter at breast height (DBH) of the tree by 1.5 feet. For example: a tree with a six-inch DBH would have a CRR — 6"x1.5'=9'.
Means the diameter of the trunk of a mature tree generally measured at a point 4 1/2 feet above ground level from the uphill side of the tree.
Means a tree or limbs thereof that meet one or more of the criteria below. Trees that do not meet any of the criteria below and are proposed to be removed solely for development purposes are not hazard trees.
Has an infectious disease or insect infestation;
Is dead or dying;
Obstructs the view of traffic signs or the free passage of pedestrians or vehicles, where pruning attempts have not been effective;
Is causing obvious damage to structures (such as building foundations, sidewalks, etc.); or
Is determined to be a threat to public health, safety, and/or welfare by a certified arborist or LTE.
Means any individual, resident, corporation, utility, company, partnership, firm, or association.
Means the part of a street right-of-way between the public right-of-way adjacent to the portion of the street reserved for vehicular traffic the abutting property line and the curb or traveled portion of the street, exclusive of any sidewalk.
Means an individual who resides on the residential property where a tree(s) regulated by this Subsection F(15) is removed or proposed to be removed.
Means a tree planted in the sidewalk, planting strip, and/or in the public right-of-way adjacent to the portion of the street reserved for vehicular traffic. This also includes trees planted in planting strips within the roadway right-of-way, i.e., islands, medians, pedestrian refuges.
Means a woody perennial plant, typically having a single stem or trunk growing to a considerable height and bearing lateral branches at some distance from the ground.
Means the diameter of the trunk of a young tree, measured six inches from the soil line. For young trees whose caliper exceeds four inches, the measurement is taken 12 inches above the soil line.
Means to kill or to cause irreparable damage that leads to the decline and/or death of a tree. This includes, but is not limited to, excessive pruning, application of substances that are toxic to the tree, over-mulching or improper mulching, and improper grading and/or soil compaction within the critical root radius around the base of the tree that leads to the decline and/or death of a tree. Removal does not include responsible pruning and maintenance of a tree, or the application of treatments intended to manage invasive species.
(c)
Regulated activities.
[1]
Tree replacement requirements.
[a]
Any person who removes one or more street tree(s) with a DBH of 2.5 inches or more, unless exempt under Subsection F(15)(e), shall be subject to the requirements of the Tree Replacement Requirements Table below.
[b]
Any person, other than a resident, who removes one or more tree(s) per acre with a DBH of six inches or more, unless exempt under Subsection F(15)(e), shall be subject to the requirements of the Tree Replacement Requirements Table.
[c]
The species type and diversity of replacement trees shall be in accordance with Appendix A.[1]
[1]
Editor's Note: Appendix A is included as an attachment to this chapter.
[d]
Replacement tree(s) shall:
[i]
Be replaced in kind with a tree that has an equal or greater DBH than tree removed or meet the tree replacement criteria in the table below;
[ii]
Be planted within 12 months of the date of removal of the original tree(s) or at an alternative date specified by the municipality;
[iii]
Be monitored by the applicant for a period of two years to ensure their survival and shall be replaced as needed within 12 months; and
[iv]
Shall not be planted in temporary containers or pots, as these do not count towards tree replacement requirements.
Tree Replacement Requirements Table | ||
|---|---|---|
Category | Tree Removed (DBH) | Tree Replacement Criteria (See Appendix A[2]) |
1 | DBH of 2.5 inches (for street trees) or 6 inches (for non-street trees) to 12.99 inches | Replant 1 tree with a minimum tree caliper of 1.5 inches for each tree removed |
2 | DBH of 13 inches to 22.99 inches | Replant 2 trees with minimum tree calipers of 1.5 inches for each tree removed |
3 | DBH of 23 inches to 32.99 inches | Replant 3 trees with minimum tree calipers of 1.5 inches for each tree removed |
4 | DBH of 33 inches or greater | Replant 4 trees with minimum tree calipers of 1.5 inches for each tree removed |
[2]
Editor's Note: Appendix A is included as an attachment to this chapter.
[2]
Replacement alternatives. If the municipality determines that some or all required replacement trees cannot be planted on the property where the tree removal activity occurred, then the applicant shall plant replacement trees approved by the municipality.
(d)
Tree removal permit fees.
[1]
The fees for an annual permit shall be $25 for the removal of 50 trees or less, and $50 for the removal of more than 50 trees. All other fees shall be as follows.
[2]
The fee for removal of one to 10 trees shall be $10.
[3]
For removal of more than 10 trees, the fees shall be: an additional $10 shall be charged for the removal of each additional 10 trees or any part thereof, i.e., $20 for removal of 11 to 20 trees. The maximum fee for the removal of more than 40 trees shall be $50.
[4]
In all events, the fee for tree removals in major subdivisions shall be $10 per acre or any portion thereof.
(e)
Exemptions. All persons shall comply with the tree replacement standard outlined above, except in the cases detailed below. Proper justification shall be provided, in writing, to the municipality by all persons claiming an exemption, including color photographs of the existing conditions, and a statement from a licensed tree expert or arborist verifying that the appropriate exemption qualifications have been met.
[1]
Clearing, cutting, and/or removal of trees which is necessary to service, maintain, or ensure the continued safe use of a lawfully existing structure, right-of-way, field, park, and/or garden;
[2]
Tree farms in active operation, nurseries, fruit orchards, and garden centers;
[3]
Properties used for the practice of silviculture under an approved forest stewardship or woodland management plan that is active and on file with the municipality;
[4]
Any trees removed pursuant to a New Jersey Department of Environmental Protection (NJDEP) or U.S. Environmental Protection Agency (EPA) approved environmental clean-up, or NJDEP approved habitat enhancement plan;
[5]
Approved game management practices, as recommended by the State of New Jersey Department of Environmental Protection, Division of Fish, Game and Wildlife;
[6]
Nuisance trees may be removed with no fee or replacement requirement.
(f)
Enforcement. This Subsection F(15) shall be enforced by the Code Enforcement Officer during the course of ordinary enforcement duties.
(g)
Violations and penalties. Any person(s) who is found to be in violation of the provisions of this Subsection F(15) shall be subject to a fine determined by the Borough of Pine Beach officials. The removal of a tree of significance is not subject to a fine limit.
(h)
Severability. Each section, subsection, sentence, clause, and phrase of this Subsection F(15) is declared to be an independent section, subsection, sentence, clause, and phrase, and finding or holding of any such portion of this Subsection F(15) to be unconstitutional, void, or ineffective for any cause or reason shall not affect any other portion of this Subsection F(15).
§ 175-71.1 Sketch plat of major subdivision.
[Added 9-25-1995 by Ord. No. 95-13-477]
A.
Submission optional. Applicants are encouraged to submit a sketch plat of a major subdivision during the early design stages containing that information necessary to form a basis for discussion of alternatives for development. A detailed review of a sketch plat will minimize the necessity of major revisions in the more detailed preliminary plat submission. Application fees paid at the sketch plat submission stage will be deducted from the required application fees at the preliminary plat stage if submittal of the preliminary plat is made within one year from the date of sketch plat approval.
B.
Required documents. Prior to issuance of a certificate of completeness or scheduling of a sketch plat of a major subdivision for public hearing before the Planning Board, the Administrative Officer shall determine that the following have been submitted in proper form:
C.
Plat requirements.
(1)
General requirements. The sketch plat shall be based on a land survey, a deed plotting, the current Tax Map or other suitable base map and shall be drawn at a scale not less than 100 feet to the inch.
(2)
Title block. The title block shall appear on all sheets and shall include:
(a)
Title of "Sketch Plat - Major Subdivision."
(b)
Name of the subdivision, if any.
(c)
Tax Map sheet, block and lot number(s) of the tract to be subdivided as shown on the latest Tax Map, the date of which should also be shown.
(d)
Date of original and all revisions.
(e)
Names and addresses of owner and subdivider so designated.
(f)
Name(s), signature(s), address(es) and license number(s) of the engineer and/or land surveyor who prepared the map. The plat should bear the embossed seal of said engineer and/or land surveyor.
§ 175-71.2 Preliminary plat requirements.
[Added 9-25-1995 by Ord. No. 95-13-477]
A.
Title block.
(1)
The title of "Preliminary plat - Major Subdivision."
(2)
Name of subdivision, if any.
(3)
Tax Map sheet, block and lot number(s) of the tract to be subdivided as shown on the latest Tax Map, the date of which shall also be shown.
(4)
Date of original and all revisions.
(5)
Names and addresses of owner and subdivider, so designated.
(6)
Name(s), signature(s), address(es) and license number(s) of the engineer and/or land surveyor who prepared the map. The plat shall bear the embossed seal of said engineer and land surveyor.
B.
A key map adequately showing the location of the site with reference to surrounding areas, existing streets, the names of all such streets and any zone boundary or borough boundary which is within 500 feet of the subdivision.
C.
A schedule shall be placed on the map indicating the acreage of the tract, the number of lots, the zone, the minimum required lot areas, setbacks, yards and the dimensions and percentage of recreation acreage provided.
D.
Zone boundaries and the names of all owners, Tax Map sheet, lot and block numbers and property lines of parcels within 200 feet of the land to be subdivided, including properties across the street, as shown by the most recent records of the Borough of Pine Beach, or of the municipality of which the property is a part.
E.
The preliminary plat shall be based on a current certified boundary survey as required above with sufficient lines of the adjoining tracts surveyed to establish any overlap or gap between the adjoining boundary lines and the boundary lines of the tract in question. The date of the survey and the name of the person making the same shall be shown on the map.
F.
Contours.
(1)
Existing one foot interval contours based on United States Coast and Geodetic Survey data (MSL=0) shall be shown extending a minimum of 100 feet beyond the boundary of the tract in question and shall be certified by a New Jersey licensed surveyor or professional engineer as to accuracy, except that where the slopes exceed 5%, a two foot interval may be used, and if the slopes exceed 10%, a five foot interval is permissible. The source of elevation datum base shall be noted. If contours have been established by aerial photography, a check profile shall be made on the boundary line of the tract and certified by a New Jersey licensed land surveyor.
(2)
90% of elevations interpolated from contour lines will be within 1/2 the contour interval when referred to the nearest bench mark. All spot elevations shall be to the nearest 0.1 foot and accurate to within three-tenths foot.
(3)
90% of all planimetric features shown on the map will be within 1/40 inch of their true position, and no planimetric features will be out of true position more than 1/20 inch at map scale when referenced to the nearest field established station. A statement of compliance and/or a complete statement concerning any areas of noncompliance with this requirement shall be placed on the tentative plat.
G.
All existing streets, watercourses, floodplains, floodways and flood areas within the proposed subdivision and within 200 feet of the boundaries thereof, both the width of the paving and the width of the right-of-way of each street, existing public easements and Township borders within 200 feet of the subdivision.
H.
All existing structures, an indication of those which are to be destroyed or removed, and the front, rear and side yard dimensions of those to remain.
I.
The boundaries, nature, extent and acreage of wooded areas and other important physical features, including swamps, bogs and ponds within the proposed subdivision and within 200 feet thereof.
J.
The layout of the proposed subdivision drawn in compliance with the provisions of the chapter.
K.
All existing and proposed public easements or right-of-way and the purposes thereof, and proposed streets within the proposed subdivision. The proposed streets shall show the right-of-way and proposed pavement width.
L.
The existing system of drainage of the subdivision and of any larger tract of which it is a part, together with information on how it is proposed to dispose of surface drainage.
M.
The acreage of the drainage area or areas of each natural or man-made watercourse traversing the subdivision, including the area within the subdivision and the area upstream from the subdivision.
N.
All proposed lot lines and the areas of all lots in square feet. The areas and dimensions specified should be accurate to within -0% and +4% [for example, a lot line specified as 250 feet long should not be less than 250 feet but may be as long as 260 feet].
O.
North arrow and basis therefor and written and graphic scales.
P.
Preliminary utility layouts showing methods of connection and sources of service.
Q.
The proposed location and area, in acres or square feet, of all proposed common open space areas.
R.
The types and locations of all stakes, marks or flagged points, if any, placed on the property to aid in on-site inspections. The Planning Board may require that the marks or stakes, as a minimum, be placed at the intersection of all lines of the tract boundary with existing streets, at the center of all culs-de-sac, at all internal street intersections, along street tangents at intervals not exceeding 500 feet and at such additional locations as the Planning Board may deem necessary. The locations indicated on the plat shall be accurate within plus or minus 10 feet. Any traverse lines cut out and/or marked on the site shall be shown on the plat. If such on-site points, as above discussed, have not been established at the time of submission of a tentative plat, the Planning Board may give the subdivider 15 days' notice of the date of any proposed site inspection by the Board, so the points can be set.
S.
The tentative plat shall show, on the property to be subdivided and within 200 feet of that property, all existing paper streets, dirt roads, paved streets, curbs, manholes, sewer lines, water and gas pipes, utility poles, ponds, swamps and all other topographical features of a physical or engineering nature.
T.
Preliminary on-site grading and drainage plan.
(1)
The preliminary plat shall show or be accompanied by a preliminary grading and drainage plan which shall show locations of all existing and proposed drainage swales and channels, retention-recharge basins, the scheme of surface drainage and other items pertinent to drainage, including the approximate proposed grading contours at one foot intervals, except that if slopes exceed 5%, a two foot interval may be used, and if they exceed 10%, a five foot interval is permissible. Data shall be United States Coast and Geodetic Survey data (MSL=0), and the source of data shall be noted.
(2)
The plan shall outline the approximate area contributing to each inlet.
(3)
All proposed drainage shall be shown with preliminary pipe types and sizes, invert elevations, grades and direction of flow. The direction of flow of all surface waters and all watercourses shall be shown.
(4)
The preliminary grading and drainage plan shall be accompanied by drainage calculations made in accordance with standards set forth in this chapter.
U.
Preliminary off-site drainage plan. The preliminary plat shall also be accompanied by a preliminary off-site drainage plan prepared in accordance with the following standards:
(1)
The plan shall consist of an outline of the entire drainage basin in which the property to be subdivided is located. The terminus of the basin and existing ground contours or other basis for determining basin limits shall be shown.
(2)
Pertinent off-site existing drainage, which receives or discharges runoff from or onto the site, shall be shown with elevations of inverts, pipe types and sizes or other appropriate physical data for open or nonpipe conduits.
(3)
To the extent that information is available and may be obtained from the county or municipal engineer(s), any existing plans for drainage improvements shall be shown.
(4)
In the event that a temporary drainage system is proposed, tentative plans of that system shall be shown.
V.
Preliminary center-line profiles showing all proposed drainage; all existing and proposed finished roadway grades; channel section details; pipe sizes, type and inverts; road crowns and slopes; and all other proposed drainage structures and connections shall be shown.
W.
Boring logs. Unless the Planning Board Engineer shall determine that fewer boring logs are required or that some or all of the boring logs may be deferred to the final plat stage, the preliminary plat shall be accompanied by a set of boring logs and soil analyses for borings made in accordance with the following requirements:
(1)
Borings shall be spaced evenly throughout the tract.
(2)
One boring not less than 15 feet below the proposed grade or 20 feet minimum depth shall be made for every five acres, or portion thereof, of land within a tract where the water table is found to be 10 feet or more below the proposed or existing grade at all boring locations.
(3)
One additional boring shall be made per acre, or portion thereof, in those areas where the water table is found to be less than 10 feet below the proposed or existing grade.
(4)
In addition to the above, in those areas where the water table is found to be five feet or less below the existing or proposed grade, two additional borings per acre, or portion thereof, will be required. If construction of homes with basements is contemplated, at least one boring will be located on each lot within the building setback lines.
(5)
Boring logs shall show soil types and characteristics encountered, ground water depths, the methods and equipment used, the name of the firm, if any, making the borings and the name of the person in charge of the boring operation. The boring logs shall also show surface elevations to the nearest one-tenth foot.
(6)
Based on the borings, the preliminary plat shall clearly indicate all areas having a water table within two feet of the existing surface of the land, or within two feet of proposed grade, or all areas within which two feet or more of fill is contemplated or has previously been placed.
X.
The location, dimensions, area and disposition of any park and recreation areas shall be shown and noted on the preliminary plat and shall be subject to the approval of the Planning Board.
Y.
Sectionalization and staging plans. The preliminary sectionalization and staging plan showing the following:
(1)
If the subdivision is proposed to be filed for final approval in sections, the plan shall show each such section and the anticipated date of filing for each section. The staging of the various sections in the subdivision shall be such that if development of the subdivision were to be discontinued after the completion of any section, the developed portion of the subdivision would be provided with adequate street drainage and utility systems. The size and staging of the section in a subdivision shall be established to promote orderly development and shall be subject to the approval of the Planning Board.
(2)
The sectionalization and staging plan shall identify for each lot or group of lots in the subdivision those improvements that will be completed prior to application for certificates of occupancy. The plan should demonstrate that the staging of construction will minimize adverse effects upon occupied buildings in the subdivision and adjoining properties.
Z.
If the Planning Board Engineer, Planning Board or Environmental Commission determines that specimen trees located on the site may have an effect on the proper layout of the subdivision, it may be required that the location, caliper and type be shown on the plat for the following:
(1)
Living deciduous trees having a trunk of six inch diameter or more at breast height.
(2)
All living coniferous trees having a trunk of six inch or more diameter at breast height.
(3)
All living dogwood (Cornus florida) or American holly (Ilex opaca) trees having a trunk of one inch or greater diameter at breast height.
(4)
All native laurel (Kalmia latifolia) shrubs having a root crown of three inches or greater measured at the soil or surface level.
AA.
The location of proposed depressed pedestrian ramps and other facilities for the handicapped.
BB.
Such other information as the Planning Board and/or Planning Board Engineer may require or request during the review of the preliminary plat.
CC.
It is recognized that in certain instances, the uniqueness of a particular proposal may require the waiver of some of the information required herein. The Planning Board may consider and for cause shown may waive strict conformance with such of these plat map details and other engineering documents as it sees fit. Any developer desiring such action should present with his application for development a listing of all such waivers desired, together with the reasons therefor. It shall also be indicated on the plat map that this plan, as some plat map details and engineering documents are not so indicated on the plat map, will not be used for construction purposes.
DD.
Conditions of approval.
(1)
Any approval of an application for development for a preliminary plat of a major subdivision by the Planning Board shall be subject to the following conditions being satisfied prior to the signing of the plat:
(a)
Payment of reproduction fee, if required.
(b)
Submission of additional prints of the plat and attachments for distribution, if required.
(c)
Preliminary Ocean County Planning Board approval, if not previously granted.
(d)
Ocean County Soil Conservation Service.
(e)
Publication of notice of decision by the applicant.
(f)
Any other conditions which may be imposed by the Planning Board or may be required by federal, state or local law.
(2)
The Planning Board may also condition its preliminary approval upon the applicant providing for certain revisions or additions to the final plat submission.
EE.
Certification. In the event that the application for development for a preliminary plat of a major subdivision is approved, a certificate to that effect in this form:
 |
shall be endorsed as the preliminary plat, and the original reproducible thereof shall be provided to the Planning Board by the applicant. Said original shall be signed by the Chairman and Secretary or Assistant Secretary of the Planning Board after they receive certification from the Administrative Officer that all conditions of approval have been satisfied. |
FF.
Applicant's rights upon approval. Approval of a preliminary plat shall confer upon the applicant the rights set forth in N.J.S.A. 40:55D-49.
GG.
Improvements not to be installed. Approval of a preliminary plat shall not confer upon the developer the right to undertake any clearing, grading and/or to install any improvements prior to final plat approval unless it shall be determined by the Planning Board and the Borough Engineer that such clearing, grading and/or installation of improvements would not hinder future development or create physical or aesthetic problems in the event that further development of the subdivision is not undertaken and that required inspection fees have been paid and adequate performance guaranties have been posted to provide for the cost to the Borough of performing work that may be necessary to protect adjacent property owners and the public interest in the event that such clearing, grading and/or installation of improvement is not completed and/or further development of the subdivision is not undertaken. Such performance guaranties shall include but are not limited to the cost to the Borough of providing erosion control facilities, seeding or otherwise stabilizing the site, drainage facilities necessary to protect off-tract acres from flooding, screening or fencing that may be required and all improvements to be undertaken which are within public rights-of-way or easements.
§ 175-71.3 Final plat of major subdivision.
[Added 9-25-1995 by Ord. No. 95-13-477]
A.
Required documents. Prior to issuance of a certificate of completeness or scheduling of a final plat of a major subdivision for public hearing before the Planning Board, the Administrative Officer shall determine that the following has been submitted in proper form:
(1)
Application for final Ocean County Planning Board approval.
(2)
Application for final sewerage approval.
(3)
Application for Ocean County Soils permit.
(4)
Application for tree removal permit, where required.
(5)
Application for municipal and/or state wetlands approval, where required.
(6)
Application for floodplain encroachment permit, where required.
(7)
Application for stream encroachment permit, where required.
(8)
Where applicable, a copy of the permit issued or, if the permit has not been issued, the application filed with the New Jersey Department of Environmental Protection, under the Coastal Area Facility Review Act, and copies of the environmental impact statement and any attachments thereto filed in accordance with the provisions of the Act, or, in the alternate, a statement issued by the Department of Environmental Protection that the proposed development is exempt from the Act.
(9)
A certificate of title, which may be in letter form, signed by a member of the New Jersey Bar or by a title officer or authorized agent of a title insurance company licensed to do business in the State of New Jersey, which certificate shall confirm that the owner of the premises in question is the owner as shown on the plat.
(10)
Other submittals that may be required by the Planning Board Engineer, Planning Board or federal, state or local law.
(11)
Unless waived by the Planning Board, a formal request, in appropriate statutory form, requesting that the applicable provisions of Title 39 of the New Jersey Revised Statutes be made applicable to the site in order to permit police regulation of traffic control devices prior to acceptance of streets.
(12)
Required application fees.
(13)
Fifteen copies of the plat and attachments meeting the requirements set forth below.
B.
Plat requirements.
(1)
General requirements. A final plat may, for all or any portion of an approved preliminary plat, be submitted to the Planning Board within three years of the date of approval of the preliminary plat. In general, all requirements set forth in this chapter for tentative plats shall apply to final plats with the addition of the specific additional requirements set forth herein.
(a)
A final plat shall be drawn at a scale of not less than 100 feet to the inch, shall conform to the provisions of Chapter 141 of the Laws of 1960 of the State of New Jersey, as amended and supplemented, and shall include or be accompanied by the information specified herein.
(b)
All dimensions, both linear and angular of the exterior boundaries of the subdivision and all lots and all lands reserved or dedicated for public use shall balance, and their description shall close within a limit of error of not more than one part in 10,000.
(2)
Purpose of final plat. A final plat and supporting drawings and documents for a proposed subdivision constitute the complete and fully detailed and documented development of the subdivision proposal and becomes the basis for the construction of the subdivision and inspection by the Borough Engineer, other officials and Planning Board. The portion of the plat intended for filing must be recorded at the County Clerk's Office to have legal status.
(3)
Title block. The title block shall appear on all sheets and shall include:
(a)
Title of "Final Plat - Major Subdivision."
(b)
Development name, if any.
(c)
Tax Map sheet, block and lot number(s) of the tract to be subdivided as shown on the latest Borough Tax Map, the date of which shall also be shown.
(d)
Date of original and all revisions.
(e)
Names and addresses of owner and subdivider, so designated.
(f)
The name(s), signature(s), address(es) and license number(s) of the engineer and land surveyor who prepared the map. The plat shall bear the embossed seal of said engineer and land surveyor.
(4)
The final plat shall be based on a monumented, current, certified boundary survey. The date of the survey and the name of the person making the same shall be shown on the map. If 12 months or more has passed since the date of (or date of last recertification of) the survey, it shall be recertified and, if necessary, brought up-to-date. Any necessary revisions from the survey used as a base for the tentative plat shall be specifically noted.
(5)
A schedule shall be placed on the map indicating the acreage of the tract, the number of lots, the zone, the dimensions and percentage of recreation acreage provided.
(6)
All design information submissions required by the provisions of the improvements and design standards portions of this chapter shall accompany the final plat.
(7)
A grading plan showing existing and proposed grading contours at one-foot intervals throughout the tract, except that if slopes exceed 5%, a two-foot interval may be used, and if they exceed 10%, a five-foot interval is permissible. Data shall be United States Coast and Geodetic Survey data (MSL=0), and the source of data shall be noted. In addition to proposed grading contours, sufficient additional spot elevations shall be shown to clearly delineate proposed grading, including corner elevations of buildings and first floor and basement elevations.
(8)
The limits of all areas of proposed cuts and fills, exclusive of excavations for basements, shall be clearly designated.
(9)
On-site drainage plan.
(a)
The drainage plan shall be presented in graphic form which shall clearly show the street and lot layout and those items which are pertinent to drainage, including existing and proposed contours as previously required.
(b)
The plan shall outline each area contributing to each inlet.
(c)
All proposed drainage shall be shown with pipe types and sizes, invert and grate or rim elevations, grades and direction of flow. The direction of flow of all surface waters and of all streams shall be shown.
(d)
The drainage plan shall be accompanied by complete drainage calculations made in accordance with standards set forth herein.
(10)
Off-site drainage plan. The final plat shall also be accompanied by an off-site drainage plan prepared in accordance with the following standards:
(a)
The plan shall consist of an outline of the entire drainage basin in which the property to be subdivided is located. The terminus of the basin and existing ground contours or other basis for determining basin limits shall be shown.
(b)
The pertinent off-site existing drainage shall be shown with elevations of inverts and grade to the nearest one-tenth foot.
(c)
To the extent that information is available and may be obtained from the county or municipal engineer(s), any existing plans for drainage improvements shall be shown.
(d)
In the event that a temporary drainage system is proposed, full plans of that system shall be shown.
(e)
The off-site drainage plans shall be accompanied by profiles of all proposed drainage, showing existing and proposed finished grades, channel section details; pipe sizes, types, inverts, crowns and slopes; all proposed structures and connections; and design hydraulic grade lines for all conduits designed to carry 40 or more cubic feet per second. Cross sections at intervals not exceeding 100 feet shall be shown for all open channels.
(12)
Where required by the Borough Engineer, cross sections of proposed streets to at least 10 feet outside of any grading limit at intervals of at least every 100 feet, of all proposed streets.
(13)
The location, caliper and type of the following may be required to be shown on the plat for a tree removal permit:
(a)
Living deciduous trees having a trunk of six inch diameter or more at breast height.
(b)
All living coniferous trees having a trunk of six inch or more diameter at breast height.
(c)
All living dogwood (Cornus florida) or American holly (Ilex opaca) trees having a trunk of one inch or greater diameter at breast height.
(d)
All native laurel (Kalmia latifolia) shrubs having a root crown of three inches or greater measured at the soil or surface level.
(14)
The number, location and species of all proposed shade trees or other plantings.
(15)
Detailed utility layouts, specifications and cross sections (sewers, water, gas, electric, telephone, etc.), showing feasible connections to any existing or proposed utility systems; provided, however, that detailed layouts of gas, electric and telephone lines are not required. An indication of these on a typical road cross section shall be sufficient. Layouts shall include proposed locations of streetlights and fire hydrants. If private utilities are proposed, they shall comply with all local, county and state regulations.
(16)
The tops of the banks and boundaries of the floodways and flood hazard areas of all existing watercourses, where such have been delineated, or the limits of alluvial soils where the boundaries of floodways and flood hazard areas have not been determined, and/or such other information as may assist the Planning Board in the determination of floodway and flood hazard area limits. In cases where all or a portion of a subdivision within the unnumbered "A" Zone as shown on the Flood Insurance Rate Maps of the Federal Insurance Administration, the applicant shall undertake and submit such studies as are necessary to determine the base flood elevation.
(17)
Tract boundary lines, right-of-way lines of streets, easements and other rights-of-way; and to be reserved or dedicated to public use, all lot lines and site easement lines, with accurate dimensions and bearings and radii, tangents, chords, arcs and central angles of all curves and all front, rear and side (or yard) setback lines.
(18)
All monuments in accordance with Chapter 141 of the Laws of 1960 of the State of New Jersey, including all monuments found, monuments set and monuments to be set, and an indication of monumentation found and reset.
(19)
Certificate of engineer or land surveyor as to accuracy of the details of the plat.
(20)
Lot and block numbers shown on the final plat shall conform to the Borough Tax Map, or proposed revisions thereof, and shall be obtained by the applicant's engineer from the Borough Engineer. Proposed house numbers shall also be obtained from the Borough Engineer and shall be shown encircled on the final plat, or one of the attachments thereto. The Borough Engineer shall not affix his signature to the final plat unless the applicant has fully complied in this regard.
(21)
Subdivision names and street names shown on the final plat shall not be the same or similar to any name of any existing subdivision or street in the Borough of Pine Beach and shall be approved by the Borough Engineer.
(22)
The location of areas dedicated for park and recreation facilities or common open space as approved by the Planning Board.
(23)
Unless waived by the Planning Board, a detailed plan setting forth the type and location of all traffic control and regulatory devices. This plan shall have been approved by, or in the opinion of the Borough Engineer be likely to be approved by, the New Jersey Department of Transportation. This plan shall be prepared in consultation with the Borough Engineer and the Pine Beach Police Department and shall provide for all appropriate traffic control measures necessary for the health, safety, convenience and well-being of those occupying, or likely to occupy, the subdivision between final approval and final acceptance.
(24)
Such other information as the Planning Board and/or Planning Board Engineer may request during review.
(25)
All plats submitted to the Planning Board for final approval shall comply with the provisions of the Map Filing Law (N.J.S.A. 46:23-9.8, et seq.) and shall not contain more than 100 lots. Simultaneous consideration of approval of multiple final sections, each containing not more than 100 lots, may be entertained by the Board.
(26)
Sectionalization of final plats shall be in conformance with the sectionalization and staging plan, if any, approved with the preliminary plat.
C.
Conditions of approval. Any approval of an application for development of a final plat of a major subdivision shall be subject to the following conditions being satisfied within a period of time specified by the Planning Board, prior to the signing of the plat or issuance of a development permit.
(1)
Proof of payment of any outstanding real estate taxes.
(2)
Submission of additional prints of the plat map and attachments for distribution, if required.
(3)
Publication of a notice of the decision by the applicant.
(4)
Final Ocean County Planning Board approval, if not previously obtained.
(5)
Final sewerage approval, if not previously obtained.
(6)
Payment of required reproduction fees, if required.
(7)
Issuance of an Ocean County Soils permit.
(8)
Issuance of a tree removal permit, if not previously obtained.
(9)
Granting of state or municipal wetlands permit, if required.
(10)
Granting of a floodplain permit, if required.
(11)
Certification of approval of plans for drainage or watercourse diversions by the State of New Jersey, Department of Environmental Protection, where required.
(12)
Granting of a Coastal Area Facility Review Act (CAFRA) permit, where required.
(13)
Granting of drainage and/or access permits by the New Jersey Department of Transportation, where required.
(14)
Approval of any required riparian grants or licenses.
(15)
Granting of any required construction permits.
(16)
Posting of required performance guaranties. In the event that the development does not propose the construction of a new roadway, the Planning Board may, upon favorable recommendations of the Borough Engineer, permit the installation and approval of, or posting of performance guaranties for the installation of, any improvements required by the Planning Board.
(17)
Payment of required inspection fees. In the event that the development does not propose the construction of a new roadway, the Planning Board may, upon favorable recommendation of the Borough Engineer, reduce the required inspection fees.
(18)
Evidence of a comprehensive general liability insurance policy in an amount not less than $300,000 per occurrence, identifying and saving harmless the Borough of Pine Beach and its agencies, employees and agents from any liability for any acts of the subdivider or his agents, contractors or employees in the implementing of the approved subdivision. The insurance policy shall provide for 30 days' notice to the Borough prior to cancellation. It shall be a violation of this chapter for any property owner, subdivider or builder to carry on the construction of a subdivision without having current valid evidence of insurance on file.
(19)
Submission of an agreement from the applicant authorizing proposed roadways to be governed by State Statute Title 39, Subtitle 1.
(20)
Any other conditions which may be imposed by the Planning Board or may be required by federal, state or local law.
D.
Certification. In the event that the application for development for a final plat of a major subdivision is approved, a certification to that effect in this form:
 |
shall be endorsed on the plat, and the original reproducible thereof shall be provided to the Planning Board by the applicant. Said original shall be signed by the Chairman and Secretary or Assistant Secretary of the Planning Board and the Borough Engineer (as to the Map Filing Law certification) after they receive a certification from the Administrative Officer that all conditions of approval have been satisfied. |
E.
Filing of approved plat. If the applicant desires to proceed with a subdivision for which final approval has been granted, he shall file with the county recording officer a plat map drawn in compliance with Chapter 141 of the Laws of 1960, as amended and supplemented, within 95 days from the date upon which the plat was signed by the Planning Board Chairman and Secretary or Assistant Secretary. The applicant shall, within one week after filing the subdivision with the county recording officer, notify, in writing, the Borough Engineer of the date of filing of the subdivision with the county recording officer and the case and sheet or page number for the filed map. A duplicate tracing of the filed map, indicating thereon the filing date, shall be obtained from the county recording officer by the Borough Engineer, who shall distribute copies of the filed map to appropriate municipal officials. In the event that the subdivider fails to so file within the period allowed, the approval of the plat shall expire unless, prior to expiration, such time is extended by the Planning Board for a period not to exceed 95 days for good cause shown.
F.
Applicant's rights upon approval. Approval of a final plat shall confer upon the applicant all the rights set forth in N.J.S.A. 40:55D-52.
G.
Display of final plat. The subdivider or his agent shall keep a clear and legible copy of the approved final plat in plain view in a prominent location in his offices and/or salesrooms from which sales in the approved subdivision are made so that prospective purchasers may have the opportunity to learn the special conditions, if any, under which approval was given.
§ 175-71.4 Major subdivision preliminary plat checklist. [1]
[Added 9-25-1995 by Ord. No. 95-13-477]
[1]
Editor's Note: Major Subdivision Preliminary Plat Checklist is included as an attachment to this chapter.
§ 175-71.5 Minor subdivision plat detail requirement checklist. [1]
[Added 9-25-1995 by Ord. No. 95-13-477]
[1]
Editor's Note: Minor Subdivision Plat Detail Requirement Checklist is included as an attachment to this chapter.
§ 175-71.6 Major subdivision final plat detail requirement checklist. [1]
[Added 9-25-1995 by Ord. No. 95-13-477]
If application is submitted in conjunction with a Preliminary plat of a Major Subdivision, please use both checklists.
[1]
Editor's Note: Major Subdivision Final Plat Detail Requirement Checklist is included as an attachment to this chapter.
§ 175-72 Utilities.
Each dwelling unit shall be provided with public water supply and sewerage disposal at the time of development. Electric service, telephone and cable television shall be supplied by underground installation. Adequate sewer trunking shall be provided throughout the subdivision in accordance with Ocean County Sewer Authority specifications and shall be checked by the Borough Engineer.
§ 175-73 Performance and maintenance guaranties.
Prior to the recording of a final subdivision plat, the granting of final site plan approval and as a condition to the issuance of any zoning permit required under this chapter pertaining to minor and major subdivisions and site plans, the applicant or developer shall:
A.
Furnish a performance guaranty in favor of the Borough of Pine Beach in an amount equal to 120% of the cost of installation for improvements, including but not limited to streets, grading, pavements, gutters, curbs, sidewalks, streetlighting, shade trees, surveyor's monuments, water mains, culverts, storm sewers, sanitary sewers or other means of sewage disposal, drainage structures, erosion control and sedimentation control devices, public improvements of open space and, in the case of site plans only, other on-site improvements and landscaping.
B.
Provide for a maintenance guaranty to be posted with the Mayor and Council of the Borough of Pine Beach for a period of two years after final acceptance of the improvement in an amount equal to 15% of the cost of the improvement; provided, however, that in the event that other governmental agencies or public utilities automatically will own the utilities to be installed or the improvements are covered by a performance or maintenance guaranty to another governmental agency, no performance or maintenance guaranty shall be required by the Borough of Pine Beach for such utilities or improvements.
C.
Performance and maintenance guaranties shall be in the form of cash or surety bonds in form acceptable to the Borough of Pine Beach.
§ 175-74 Share of cost of off-tract improvement.
Where an off-tract improvement is required, the following criteria shall be utilized in determining the proportionate share of such improvement to the owner or developer.
A.
For street widening, alignment, corrections, channelization of intersections, construction of barriers, new or improved traffic signalization, signs, curbs, sidewalks, trees, utility improvements not covered elsewhere, the construction of new streets and other similar street or traffic improvements, the owner's or developer's proportionate cost shall be in the ratio of the estimated peakhour traffic generated by the proposed development to the sum of the present deficiency in peakhour traffic capacity of the present facility and the estimated peakhour traffic generated by the proposed development. The ratio thus calculated shall be increased by 10% for contingencies.
B.
For water supply facilities, including the installation of new water mains, storage, production or treatment facilities, the extension of existing water mains, the relocation of such facilities and the installation of other appurtenances associated therewith, the owner's or developer's proportionate cost shall be in the ratio of the estimated daily use of water by the proposed development in gallons to the sum of the deficiency in gallons per day of the existing system or subsystem and the estimated daily use of water for the proposed development. The ratio thus calculated shall be increased by 10% for contingencies.
C.
For sanitary sewage distribution facilities, including the installation, relocation or replacement of collector and interceptor sewers and the installation, relocation or replacement of other appurtenances associated therewith, the owner's or developer's proportionate cost shall be in the ratio of the estimated daily flow of sewage from the proposed development in gallons to the sum of the present deficient flow capacity for the existing system or subsystem and the estimated daily flow from the proposed project or development. In the case where the peak flow from the proposed development may occur during the peak flow period for the existing system, the ratio shall be the estimated peak flow rate from the proposed development in gallons per minute to the sum of the present peak flow deficiency in the existing system and the estimated peak flow rate from the proposed development. The greater of the two ratios thus calculated shall be increased by 10% for contingencies and shall be the ratio used to determine the cost to the owner or subdivider.
D.
For stormwater and drainage improvements, including the installation, relocation or replacement of transmission lines, culverts, catch basins and the installation, relocation or replacement of the other appurtenances associated therewith, the owner's or developer's proportionate cost shall be in the ratio of the estimated peak surface runoff from the proposed development to be delivered into the existing system measured in cubic feet per second to the sum of the deficient existing peak flow in cubic feet per second for the existing system and the estimated peak flow as proposed to be delivered. The ratio thus calculated shall be increased by 10% for contingencies.
E.
Any improvements which may be required to or within any street or road fronting or bounding the property to be developed will be considered an on-site improvement, the cost of which shall be borne entirely by the developer.