(a) Copies of plan and application. At least ten days and no more than 20 days before a regular meeting of the planning board, the applicant shall submit 12 copies of a stormwater control plan as set forth in section 62-2579 and three completed copies of an application form which shall be obtained from the secretary of the planning board.
(b) Copies to municipal officials; reports. The secretary of the planning board shall forward a copy of the application to the township engineer, the township planner, the environmental commission and such other officials as the board shall direct and shall request that each of them file a written report of his findings and recommendations, giving full consideration to the standards and principles set forth in this article and stating whether the application is feasible and sound from an engineering standpoint.
(c) Hearing. A public hearing shall be held and shall follow the requirements set forth in section 62-42, and the applicant shall give notice as set forth in section 62-43.
(d) Signatures upon approval. If the application is approved, the approval shall be noted on the plan, and it shall be signed by the chairman and the secretary of the planning board.
(e) Time for approval or denial. Approval shall be granted or denied within 45 days after submission of a complete application to the secretary of the planning board or within such further time as may be consented to by the applicant. Failure of the planning board to act within the period prescribed shall constitute final approval, and a certificate of the township clerk as to the failure of the board to act shall be issued at the request of the applicant. (Ord. No. 2007-15, § I, 3-27-2007)
(a) Applicability. Projects subject to review as in subsection 62-2571(c) shall comply with the requirements of subsections 62-2581(b) and 62-2581(c).
(b) Maintenance requirements.
(1) The design engineer shall prepare a maintenance plan for the stormwater management measures incorporated into the design of a development.
(2) At the time of approval of the plan, responsibility for continued maintenance of stormwater control structures and measures shall be stipulated and recorded in the resolution of approval.
(3) The maintenance plan shall contain specific preventive maintenance tasks and schedules to maintain full operation of the structural and non-structural stormwater management practices approved for the site; 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 preventive and corrective maintenance (including replacement). Maintenance guidelines for stormwater management measures are available in the New Jersey Stormwater Best Management Practices Manual.
(4) Where continued maintenance is to be the responsibility of the applicant, a proposed maintenance agreement, in a form to be provided by the Township of South Brunswick, shall be submitted. The agreement shall specify maintenance responsibility and standards during and after completion of the proposed activity and, upon approval, both the maintenance plan and maintenance agreement shall be recorded by the applicant in Middlesex County Clerk's office. The applicant shall thereafter file copies of the recorded maintenance plan and maintenance agreement with the township planning department. The township shall retain the right to enter and make repairs and improvements where necessary to ensure that all stormwater control measures as well as areas dedicated to stormwater retention or groundwater recharge are adequately maintained and preserved. The township may charge the owner for the costs of these services if such maintenance is his responsibility.
(5) Where continued maintenance is to be the responsibility of the Township of South Brunswick, the following shall apply:
a. The applicant shall maintain the stormwater management facilities during the construction phase of the project.
b. As a condition of final approval and prior to acceptance of the stormwater management facilities by the Township of South Brunswick, the applicant shall enter into an escrow agreement with the township, which agreement shall include a statement that the escrow contribution is made in consideration of the Township assuming all future maintenance of the stormwater management facilities. The form of the agreement shall be provided by the township. The agreement, upon execution, shall be recorded by the applicant in the Middlesex County Clerk's office. The applicant shall thereafter file a copy of the recorded agreement with the township planning department.
c. The escrow contributions shall be made as follows:
1. Stormwater management basins.
i. The amount of the escrow contribution shall be based upon area of the basin on an acreage basis, which shall include the plan area at the top of the bank plus an additional 25 feet at the top of the bank encircling the basin. The amount of the escrow contribution shall be calculated according to the following formula:
$30,000.00 per acre of area of basin, plus $75,000.00 per basin for repairs and major maintenance.
The total of the above shall be multiplied by a factor of 1.1 to cover the cost of the first year of maintenance. ii. The minimum contribution, regardless of the size of the basin, shall be $100,000.00.
2. Other stormwater management facilities.
i. The amount of escrow contribution for both structural and non-structural stormwater management facilities other than basins shall be based on the total plan area of the facility plus an additional fifteen feet around the perimeter of the facility. The amount of the escrow contribution shall be based on the following formula:
$30,000.00 per acre of area of the facility, plus $10,000.00 per facility for repairs and major maintenance.
The total of the above shall be multiplied by a factor of 1.1 to cover the costs of the first year of maintenance.
ii. The minimum contribution, regardless of the size of the facility, shall be $15,000.00.
3. Manufactured treatment devices.
i. The amount of the escrow contribution for any manufactured water quality treatment device shall be $10,000.00 to cover the costs of maintenance and repairs
d. The escrow contributions do not include maintenance of the lot or open space area in which the stormwater management basin or facility is located.
e. Upon certification by the township engineer that the project is complete and the guaranty bond for the project may be released, acceptance of the stormwater management basin or facility by the Township of South Brunswick shall be specifically stated in the resolution authorizing the bond release. The township shall retain from the cash portion of the bond a sum equal to the escrow contribution calculated by the township engineer in accordance with the formulas in subsection (5)c. of this section. If the cash portion of the bond is less than the escrow contribution, the developer shall post the deficit in cash prior to release of the bond. Any interim bond reductions authorized by the township shall not be construed to mean that all or any part of the stormwater management basin or facility has been accepted by the township, nor shall any such interim reduction reduce the cash portion of the bond to an amount less than the escrow contribution.
f. Prior to the acceptance by the Township of South Brunswick of any stormwater management basin or facility, the developer's engineer shall certify that the basin or facility has been constructed in accordance with the approved plan.
(6) 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.
(7) Preventive and corrective maintenance shall be performed to maintain the function of the stormwater management measure, including 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; maintenance of recharge rate; and repair or replacement of non-vegetated linings.
(8) The person responsible for maintenance identified under subsection 62-2581(b)(3) above shall maintain a detailed log of all preventive 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.
(9) The person responsible for maintenance identified under subsection 62-2581(b)(3) above shall evaluate the effectiveness of the maintenance plan at least once per year and adjust the plan and the recorded documents as needed.
(10) The person responsible for maintenance identified under subsection 62-2581(b)(3) above shall retain and make available, upon request by any official of the Township of South Brunswick having administrative, health, environmental, or safety authority over the site, the maintenance plan and the documentation required by subsections 62-2581(b)(8) and 62-2581(b)(9) above.
(c) Nothing in this section shall preclude the Township of South Brunswick from requiring the posting of a performance or maintenance guarantee in accordance with N.J.S.A. 40:55D-53. (Ord. No. 2007-15, § I, 3-27-2007)
(a) If a proposed development requests a variance or exemption from strict compliance with the groundwater recharge, stormwater quantity and stormwater quality requirements outlined in section 62-2574, the applicant must implement a mitigation project that shall be subject to approval of the township engineer, development review board and governing body.
(b) Selection of an appropriate mitigation project for a requested variance or exemption must adhere to the following requirements:
(1) The project must be within the same area that would contribute to the receptor impacted by the project. Note that depending on the specific performance standard waived, the sensitive receptor and/or the contributory area to that receptor may be different. If there are no specific sensitive receptors that would be impacted as the result of the grant of the waiver/exemption, then the location of the mitigation project can be located anywhere within the township, and should be selected to provide the most benefit relative to an existing stormwater problem in the same category (quality, quantity or recharge).
(2) Legal authorization must be obtained to construct the project at the location selected. This includes the maintenance and any access needs for the project in the future.
(3) The project should be close to the location of the original project, and if possible, be located upstream at a similar distance from the identified sensitive receptor. This distance should not be based on actual location, but on a similar hydraulic distance to the sensitive receptor. For example, if the project for which a waiver is obtained discharges to a tributary, but the closest location discharges to the main branch, it may be more beneficial to identify a location discharging to the same tributary.
(4) For ease of administration, if sensitive receptors are addressed, it is preferable to have one location that addresses any and all of the performance standards waived, rather than one location for each performance standard.
(5) It must be demonstrated that implementation of the mitigation project will result in no adverse impacts to other properties.
(6) Mitigation projects that address stormwater runoff quantity can provide storage for proposed increases in runoff volume, as opposed to a direct peak flow reduction.
(c) The following information shall be required for each request for a variance or exemption from the aforementioned performance standards:
(1) Impact from noncompliance. Provide a table quantifying what would be required for the project to achieve the standards, the extent to which this value will be achieved on site and the extent to which the value must be mitigated off site.
(2) Narrative and supporting information regarding the need for the waiver including:
a. The waiver cannot be due to a condition created by the applicant. If the applicant can comply with the design and performance standards outlined in section 62-2574 through a reduction in the scope of the project, the applicant has created the condition and a waiver cannot be issued. Demonstrate that the need for a waiver is not created by the applicant.
b. Provide a discussion and supporting documentation of the site conditions peculiar to the subject property that prevent the construction of a stormwater management facility that would achieve full compliance with the design and performance standards. Site conditions may include soil type, the presence of karst geology, acid soils, a high groundwater table, unique conditions that would create an unsafe design, as well as conditions that may provide a detrimental impact to public health, welfare and safety.
c. Demonstration that the grant of the requested waiver/exemption would not result in an adverse impact that would not be compensated for by off site mitigation.
(3) Sensitive receptor: Identify the sensitive receptor(s) related to the performance standard from which a waiver is sought. Demonstrate that the mitigation site contributes to the same sensitive receptor.
(4) Design of the mitigation project: Provide the design details of the mitigation project. This includes, but is not limited to, drawings, calculations and other information needed to evaluate the mitigation project.
(5) Responsible party: List the party or parties responsible for the construction and the maintenance of the mitigation project. Documentation must be provided to demonstrate that the responsible party is aware of, has authority to, and accepts the responsibility for construction and maintenance. Under no circumstance shall the responsible party be an individual single-family homeowner. Selection of a project location that is under township authority avoids the need to obtain authority from a third party for the construction and future maintenance of the project.
(6) Maintenance: Include a maintenance plan that addresses the maintenance criteria at N.J.A.C. 7:8-5.8. In addition, if the maintenance responsibility is being transferred to the township or another entity, the entity responsible for the cost of the maintenance must be identified. The township may provide the option for the applicant to convey the mitigation project to the township, if the applicant provides for the cost of maintenance in perpetuity.
(7) Permits: Any and all necessary local, state or other applicable permits for the mitigation measure or project must be obtained prior to the Township approval of the project for which mitigation is being provided.
(8) Construction: Demonstrate that the construction of the mitigation project coincides with the construction of the proposed project. A certificate of occupancy or final approval by the township for the project requiring mitigation cannot be issued until the mitigation project or measure receives final approval. (Ord. No. 2007-15, § I, 3-27-2007)
Except as otherwise provided by law, any person violating any of the provisions of this article shall, upon conviction, be subject to the penalties in section 1-13, in the discretion of the judge before whom the case shall be heard. (Ord. No. 2007-15, § I, 3-27-2007)
(a) Preparation. The planning board may prepare and, after public hearing, adopt or amend a master plan or component parts thereof to guide the use of lands within the township in a manner which protects public health and safety and promotes the general welfare.
(b) Contents. The master plan shall generally comprise a report or statement of land use and development proposals, with maps, diagrams and text, presenting, where appropriate, the following elements:
(1) A statement of objectives, principles, assumptions, policies and standards upon which the constituent proposals for the physical, economic and social development of the township are based.
a. Taking into account the other master plan elements and natural conditions, including but not necessarily limited to topography, soil conditions, water supply, drainage, floodplain areas, marshes or woodlands.
b. Showing the existing and proposed locations, extent or intensity of development of land to be used in the future for varying types of residential, commercial, industrial, agricultural, recreational, educational and other public and private purposes or combination of purposes.
**Webmasters Note: The previous sections, 62-2533(b) through 62-2611(a)(2)b., have been amended as per Supplement No. 9.
c. Including a statement of the standards of population density and development intensity recommended for the township.
(3) A housing plan element, including but not limited to residential standards and proposals for the construction and improvement of housing.
(4) A circulation plan element showing the location and types of facilities for all modes of transportation required for the efficient movement of people and goods into, about and through the township.
(5) A utility service plan element analyzing the need for and showing the future general location of water supply and distribution facilities, drainage and flood control facilities, sewerage and waste treatment, solid waste disposal and provision for other related utilities.
(6) A community facilities plan element showing the location and type of educational or cultural facilities, historic sites, libraries, hospitals, firehouses, police stations and other related facilities, including their relation to the surrounding areas.
(7) A recreation plan element showing a comprehensive system of areas and public sites for recreation.
(8) A conservation plan element providing for the preservation, conservation and utilization of natural resources, including, to the extent appropriate, open space, water, forests, soil, marshes, wetlands, rivers and other waters, fisheries, wildlife and other natural resources.
(9) Appendixes or separate reports containing the technical foundation for the master plan and its constituent elements.
(10) A recycling plan element which incorporates the state recycling plan goals, including provisions for the collection, disposition and recycling ordinance in article II of chapter 94 and for the collection, disposition and recycling of recyclable materials within any development proposal for the construction of 50 or more units of single-family residential housing or 25 or more units of multifamily residential housing and any commercial or industrial development proposal for the utilization of 1,000 square feet or more of land.
(c) Subplans. The master plan and its plan elements may be divided into subplans and subplan elements projected according to periods of time or staging sequences.
(d) Relationships. The master plan shall include a specific policy statement indicating the relationship of the proposed development of the township as developed in the master plan to:
(1) The master plans of contiguous municipalities.
(2) The master plan of the county.
(3) The state development and redevelopment plan adopted pursuant to the State Planning Act, N.J.S.A. 52:18A-196 et seq.
(4) The district solid waste management plan, required pursuant to the provisions of the Solid Waste Management Act, N.J.S.A. 13:1E-1 et seq., of the county. (Code 1988, § 175-189)s
(a) Under this article the planning board shall give notice as follows:
(1) Public. Public notice of a hearing on adoption, revision or amendment of the master plan. Such notice shall be given by publication in the official newspaper of the township at least ten days prior to the date of the hearing.
(2) Adjoining municipalities. Notice, by personal service or certified mail, to the clerks of all adjoining municipalities of all hearings on adoption, revision or amendment of the master plan involving property situated within 200 feet of such adjoining municipalities at least ten days prior to the date of any such hearing.
(3) County planning board. Notice, by personal service or certified mail, to the county planning board of the following:
a. All hearings on the adoption, revision or amendment of the township master plan at least ten days prior to the date of the hearing. Such notice shall include a copy of any such proposed master plan or any revision or amendment thereto.
b. The adoption, revision or amendment of the master plan, not more than 30 days after the date of such adoption, revision or amendment. Such notice shall include a copy of the master plan or revision or amendment thereto.
(b) Any notice made by certified mail shall be deemed complete upon mailing. (Code 1988, § 175-190)
(a) Preparation; classification; contents. Procedures for the preparation, classification and contents of capital improvement projects shall be as follows:
(1) The township council may authorize the planning board, from time to time, to prepare a program of municipal capital improvement projects, projected over a term of at least six years; and amendments thereto: Such program may encompass major projects being currently undertaken or future projects to be undertaken with federal, state, county or other public funds or under federal, state or county supervision. The first year of such program shall, upon adoption by the township council, constitute the capital budget of the township, as required by N.J.S.A. 40AA-43 et seq. The program shall classify projects with regard to their urgency and need for realization and shall recommend a time sequence for their implementation. The program may also contain the estimated cost of each project and indicate probable operating and maintenance costs and probable revenues, if any, as well as existing sources of funds or the need for additional sources of funds for the implementation and operation of each project. The program shall, as far as possible, be based on existing information in the possession of the departments and agencies of the township and shall take into account public facility needs indicated by the prospective development shown in the master plan of the township or as permitted by other municipal land use controls.
(2) In preparing the program, the planning board shall confer, in a manner deemed appropriate by the board, with the mayor, the chief fiscal officer, other township officials and agencies and the school board.
(3) Any such program shall include an estimate of the displacement of persons and establishments caused by each recommended project.
(b) Programs of all municipal departments and agencies. In addition to any of the requirements in subsection (a) of this section, whenever the planning board is authorized and directed to prepare a capital improvements program, every municipal department, authority or agency shall, upon request of the planning board, transmit to the Board a statement of all capital projects proposed to be undertaken by such municipal department, authority or agency during the term of the program, for study, advice and recommendation by the planning board. (Code 1988, 175-191)
