a. Burden of Proof.

Whenever an applicant seeks a municipal approval of a development to which this section is applicable from any board or official of the municipality, that applicant shall be required to demonstrate that his project meets the standards set forth in this section.

b. Submission Materials Due.

The applicant shall submit materials, as required by subsection 30-512.5 hereof, to the municipal Board or Official from which he seeks municipal approval prior to or at the same time he submits his application for the municipal approval.

c. Review.

The applicant's project shall be reviewed by the municipal board or official from which he seeks his municipal approval. That municipal board or official shall consult with the municipal engineer to determine if the project meets the standards set forth in this section.

d. Time for Decision.

The municipal board or official shall promptly determine if the project meets the standards set forth in this section. The time for that determination should ordinarily, but not necessarily, be the time permitted to review and act on the applicant's application for a municipal approval. Where no such time span applies, the review and determination shall be made in a reasonable time.

e. Failure to Comply.

Failure of the applicant to demonstrate that the project meets the standards set forth in this section is reason to deny the applicant's underlying application for a municipal approval.

f. Variance.

For good reason, the municipality may grant a waiver of the standards given in subsection 30-512.4 below. In each such case, the municipality must make a report within thirty (30) days to the County Planning Board, giving a full explanation of the nature of the variance, and the reasons why it was granted.

Each proposed project not exempted from the operation of this section shall meet the following storm drainage standards:

a. General Standards.

The project plans submitted shall demonstrate careful consideration of the general and specific concerns, values and standards of the municipal Master Plan and applicable County, regional and State storm drainage control programs, and control standards and shall be based on environmentally sound site planning, engineering and architectural techniques.

b. Alternatives to Detention Basins.

1. It is not necessary that basic requirements be satisfied by means of detention basins. Rooftop storage, tanks, infiltration pits, dry wells, or gravel layers underneath paving, may be used for the purpose, with appropriate consideration for length of life and feasibility of continued maintenance. In addition, all stormwater detention systems must comply with N.J.D.E.P. water quality standards.

2. Nonstructural management practices, such as cluster land use development, open space acquisition, stream encroachment and flood hazard controls should be coordinated with detention requirements. Changes in land use can often reduce the scope and cost of detention provisions required by means of appropriate changes in runoff coefficients.

c. Specific Standards.

1. A detention facility must accommodate site runoff generated from 2year, 10-year and 100-year 24-hour storms considered individually (in each case a Type III rainfall as defined in Soil Conservation Service Publications). Runoff greater than that occurring from the 100-year 24-hour storm will be passed over an emergency spillway. Detention will be provided such that after development neither the peak rate of flow from the site, nor the total flow during the hour of maximum releases will exceed the corresponding flows which would have been created by similar storms prior to development. For purposes of computing runoff, all lands in the site shall be assumed, prior to development, to be in good condition (if the lands are pastures, lawns or parks), with good cover (if the lands are woods), or with conservation treatment (if the land is cultivated), regardless of conditions existing at the time of computation.

2. The outlet from the detention facility must require the runoff from a settleability design storm to be retained so that not over ninety (90%) percent will be evacuated prior to thirty-six (36) hours. The settleability design storm will be either one and one-fourth (1 1/4) inches of rainfall, falling in two (2) hours, or a one (1) year frequency Type III storm as defined by the SCS. The following exceptions to this provision will be acceptable:

(a) Retention will not be required in any case to an extent which would reduce the outlet size to a diameter of less than three (3) inches. fib) Dry basins serving residential projects may allow evacuation -of ninety (90%) percent in eighteen (18) hours.

(c) Infiltration basins may satisfy this requirement provided that they will retain the runoff from the settleability design storm and allow its complete infiltration within twenty-four (24) hours.

In all cases, multiple level outlets or other fully automatic outlets shall be provided, designed so that discharge rates from the development for the design storms will not be increased from what would occur if the development were not constructed. Outlet waters shall be discharged from the development at such locations and velocities as not to cause additional erosion or cause additional channels below the development from existing prior to the development.

3. Runoff from areas uphill or upstream from the development site may be passed across the development site without detention or storage. If it is more convenient, part of all of such water may be passed through the detention means described above and an equal amount of water that originates on the site may be passed downhill or downstream. If any such upstream water enters detention means provided as specified under paragraph c, 1 above, the design shall be increased accordingly. This exchange of water is permitted only if the site is not more polluted than the detained runoff from uphill or upstream. The intention is to require retention for the full period specified in paragraph c, 2 of the actual runoff from the site or its equivalent and not just of an equivalent amount of water (which may be less polluted).

4. Where the project consists of two (2) phases, (a) new construction which requires provisions of storm drainage under the terms of this section and (b) repair or rehabilitation of structures and surfaces which does not result in increasing the extent of impervious areas or in rendering existing surfaces less pervious, the detention requirements may be computed on the basis of phase (a) exclusively.

5. If detention basins or other detention facilities are provided through which water passes at times other than following rainfall, the Municipal Engineer should be consulted concerning design criteria. It will be necessary for detention requirements to be met, despite the necessity of passing certain low flows.

6. Outlets from detention facilities shall be designed to function without manual, electric, or mechanical controls. Outlet waters shall be discharged at such locations and velocities as not to cause additional erosion or cause additional channels below the development.

7. The retention of site runoff as required by this section will result in the accumulation in the detention basin of sediment, including particulate polluting substances, silt, and debris. Provision must be made for periodic removal of accumulated solid materials. Computations for storage capacity shall include estimates for one (1) year's accumulation of solid materials (in appropriate cases, this must include shopping carts, beer cans, and other cultural debris).

8. Responsibility for operation and maintenance of detention facilities installed, including periodic removal and disposal of accumulated particulate material and debris, unless assumed by a governmental agency, shall remain with the owner of the property and shall be passed to any successor owner. In the case of development where lots are to be sold, permanent arrangements satisfactory to the Municipal Engineer and the Municipal Solicitor shall be made to ensure continued performance of these obligations.

(a) In many instances, the provisions of separate detention facilities for a number of single sites may be more expensive and more difficult to maintain than provisions of joint facilities for a number of sites. In such cases, the municipality will be willing to consider provisions of joint detention facilities which will fulfill the requirements of this regulation. In such cases, a properly planned staged program of detention facilities may be approved by the municipality in which compliance with some requirements may be postponed at early stages while preliminary phases are being undertaken and construction funds accumulated. The -necessary planning to facilitate such arrangements may be accomplished by Phase 11 planning under provisions of proposed N.J.A.C. 7:8.

d. Detention Facilities in Flood Hazard Areas.

1. Detention Facilities in flood hazard areas shall be designed in accordance with the applicable State and N.J.D.E.P. regulations.

e. Recommended Standards for Stream Corridor Protection. Recommended standards for Stream Corridor Protection shall be designed in accordance with the applicable State and N.J.D.E.P. Regulations. (New)

The following submissions shall be required for each proposed project subject to review under this section. The applicant is free to combine exhibits or otherwise consolidate the required information, so long as all required information is clearly presented.

a. Topographic Base Map.

Topographic base map of the site, and extending a minimum of two hundred (200) feet beyond the limits of the proposed development at a scale of 1 " = 200' or greater, showing two (2) foot contour intervals. The map shall indicate at least the following: existing surface water drainage, marshlands, outlines of woodland cover, existing man-made structures, roads, utilities, bearing and distances of property lines, and significant natural and man-made features not otherwise shown.

b. Vicinity Map.

Applicants must prepare a map at a scale of 1" = 400' or greater on a paper print of the latest air photograph available from the County Planning Board, updated in the field to reflect current conditions, showing the relationship of the proposed development to significant features in the general surroundings. The map must indicate at least the following: roads, pedestrian ways, access to the site, adjacent land uses, existing open space, public facilities, landmarks, places of architectural and historic significance, utilities, drainage (including, specifically, streams and other surface waters shown on SCS maps), and other significant features not otherwise shown.

c. Environmental Site Analysis.

A.written and graphic description of the natural and man-made features of the site and its environs. This description should include a discussion of soil conditions, slopes, wetlands, vegetation and animal life 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.

d. Project Description and Site Plan(s).

A.map (or maps) at the scale of the topographical base map indicating the location of proposed buildings, roads, parking areas, utilities, structural facilities for detaining or recharging stormwater and sediment control, and other permanent structures. The map(s) shall also clearly show areas where alterations in the natural terrain, cover, and grade are proposed, proposed changes in natural cover, including lawns and other landscaping. A written description of the site plan and justification of proposed changes in natural conditions may also be provided.

e. Water Detention Facilities Map.

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

1. Total area to be paved or built upon, estimated land area to be occupied by water detention facilities and the type of vegetation thereon, and details of the proposed plan to control and dispose of surface water.

2. Details of all water detention plans, 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.

3. Maximum discharge and total volume of runoff which would occur from the project area without the improvement for the following storms:

(a) One and one-quarter (1 1/4) inch of rainfall occurring within two (2) hours, on one (1) year frequency Type III 24-hour storm.

(b) The specified design storms. (2-year, 10-year, and 100-year 24hour SCS Type III).

The municipal official or board reviewing an application under this section may, in consultation with the Municipal Engineer, waive submission of any of the above requirements when the information requested is impossible to obtain or when it would work a hardship on the applicant to obtain and where its absence will not materially affect the review process.

Responsibility for operation and maintenance of detention facilities, including periodic removal and disposal of accumulated particulate material and debris, shall remain with the owner or owners of the property with permanent arrangements that it shall pass to any successive owner, unless assumed by a government agency. If portions of the land are to be sold, legally binding arrangements shall be made to pass the basic responsibility to successors in title. These arrangements shall designate for each project the property owner, governmental agency, or other legally established entity to be permanently responsible for maintenance, hereinafter in this section referred to as the responsible person.

Prior to granting approval to any project subject to review under this section, the applicant shall enter into an agreement with the municipality to ensure the continued operation and maintenance of the detention facility. This agreement shall be in a form satisfactory to the Municipal Attorney, and may include, but may not necessarily be limited to, personal guarantees, deed restrictions, covenants, and bonds. In cases where property is subdivided and sold separately, a homeowner's association or similar permanent entity should be established as the responsible entity, absent an agreement by a governmental agency to assume responsibility.

In the event that the detention facility becomes a danger to public safety or public health, or if it is in need of maintenance, the municipality shall so notify in writing the responsible person. From that notice, the responsible person shall have fourteen (14) days to affect such maintenance and repair of the facility in a manner that is approved by the Municipal Engineer or his designee. If the responsible person fails or refuses to perform such maintenance and repair, the municipality may immediately proceed to do so and shall bill the cost thereof to the responsible person.

All sewage disposal shall utilize public sewers, designed in accordance with the requirements of the applicable sewage authority.

Where public water is accessible, water mains shall be constructed in such a manner as to make adequate water service available to each lot or building within the development. The entire system shall be designed in accordance with the requirements and standards of the agency having approval authority and shall be subject to its approval provided, however, that the system shall not include treatment or storage facilities to service off-tract development. The system shall be designed with adequate capacity and sustained pressure in a looped system with no dead-end lines.

Where no public water is accessible, water shall be furnished on an individual lot basis, or, if controlled by a homeowners association or similar organization, one (1) well may service multiple lots. If wells are installed on each lot and the lot also contains its own sewage disposal facilities, the wells shall be of the drilled type with a minimum of fifty (50) feet of casing. Well installation, sealing and testing shall be in accordance with the New Jersey Standards for Construction of Water Supply Systems in Realty Improvements (Chapter 199 of the Public Laws of 1954), as amended, and shall be certified by the well driller. Before being placed in consumer use, it shall be disinfected by the use of sodium hypochlorite or other acceptable solution and a sample collected by a County or State Health Department representative for bacteriological examination as well as a certificate from the Health Officer that the owner has complied with the applicable local and State health regulations shall be submitted to the Borough before the issuance of building permits in connection with each individual lot.

a. In areas served by public water, fire hydrants shall be located as approved by the Chief of the Fire Department.

Where there is a public water system, no portion of a structure shall be more than three hundred (300) feet from a fire hydrant.

b. Where no public water exists or will be provided, and where streams or ponds exist or are proposed on lands to be developed, facilities shall be provided to draft water for firefighting purposes. This shall include access to a public street suitable for use by firefighting equipment and construction of or improvements to ponds, dams or similar on-site or off-site development, where feasible. Such facilities shall be constructed to the satisfaction of the Borough Engineer, Fire Inspector and Fire Insurance Rating Organization Standards.

a. All developments shall be served by telephone and electric service, and, where available, gas service, public water in accordance with Section 30-514, public sanitary sewerage in accordance with Section 30-513 and cable T.V.

b. Each such service shall be connected to an approved public utilities system where one exists.

a. All utility services shall be below ground, except that terminal boxes may be located above ground. If located within a street, the utilities shall be outside of the cartway except for required crossings. Lots which abut existing streets where overhead electric or telephone distribution supply lines and service connections have heretofore been installed may be supplied with electric and telephone service from these overhead lines, but any new service connections from the utilities' overhead lines shall be installed underground. In the case of existing overhead utilities, however, should a road widening or an extension of service or other such condition occur as a result of the development and necessitate the replacement or relocation of such utilities, such replacement or relocation shall be underground, if in accordance with current PUC regulations.

b. The developer shall arrange with the servicing utility for the underground installation of the utilities' distribution supply lines and service connections in accordance with the provisions of the applicable Standard Terms and Conditions incorporated as part of the servicing utility's tariff and on file with the State of New Jersey Board of Public Utility Commissioners. The developer shall submit prior to the granting of final approval, a written instrument from each servicing utility which shall evidence full compliance or intended full compliance with the provisions of this section.

The developer shall provide the Borough with at least four (4) copies of a final "as built" plan showing the installed location(s) of all utilities.

The entire development shall be landscaped in accordance with an approved landscaping plan Landscaping shall include items having an effect on project safety habitability and appearance such as:

a. Grading and water features.

b. Plantings and grassed areas.

c. Surfacing and finishes.

d. Walls and fences.

e. Area lighting.

f. Signs and street and site furniture.

g. Preservation of natural features.

The project shall be landscaped so as to best adapt the site to the intended use, to control the project's environmental impact and to enhance the appearance of the project, both on-site and from the surrounding area.

Plantings shall be in accordance with the following standards:

a. Plant Material.

American Association of Nurserymen's American Standard for Nursery Stock, current edition.

b. Grassing.

New Jersey State Soil Conservation Committee's Standards for Soil Erosion and Sedimentation Control in New Jersey, current edition.

Each development plan shall provide for shade trees having a maximum spacing of fifty (50) feet along each side of all streets, public or private, existing or new. In determining the need for new shade trees, the location of existing shade trees shall be considered, and if existing shade trees will remain, new shade trees will not be required in such areas. Additionally, shade trees shall be provided within parking areas containing eight thousand (8,000) or more square feet and shall be planted at a minimum ratio of one (1) shade tree for every ten (10) parking spaces. Shade trees shall be a minimum caliper of two and one-half (2 ) inches (D.B.H.). The Board may consult with the Shade Tree Commission concerning the adequacy and appropriateness of the proposed shade trees.

Screening shall be accomplished through the use of landscape plantings, and shall include as a minimum fifteen (15) conifers and five (5) deciduous trees per one hundred (100) linear feet. Plantings shall be a minimum of six (6) feet in height and have a minimum diameter of two and one-half (2 ) inches (D.B.H.)