Departments & Services
Engineering - Stormwater Management Ordinance
An Ordinance of the Township of Bernards, County
of Somerset, State of New Jersey,
BE IT ORDAINED
to Amend the Revised General Ordinances of the Township of Bernards,
and More Specifically to Amend Chapter XXI, Entitled "Land Development"
to Further Incorporate Stormwater Management and Stormwater Best
by the Mayor and Township Committee
of the Township of Bernards as follows:
Section I - Intent
It is the intent of this ordinance to require the design of developments to incorporate Stormwater best management practices.
Section II - Intent
Section 21-42 entitled "Drainage", subsection 21-42.1 entitled
"General", shall be amended and supplemented to add a new paragraphs
"e, f, g and h" as follows:
- e. Definitions. All terms in this ordinance
shall be defined in the NJDEP Stormwater Rule (N.J.A.C. 7:8, et
seq.). The following additional terms are defined for this
- Exempt Development. Any development that creates less than
1,000 square feet of new impervious area and disturbs less than
2,500 square feet of land. Further, an exempt development shall
not meet the definition of "minor development".
- Minor Development. Any development that results in the creation
of 1,000 square feet or more of new impervious area or one that
disturbs more than 2,500 square feet of land area. Further, a
minor development shall not meet the definition of "major development"
in N.J.A.C. 7:8.
f. Design Standards.
- Exempt Development. Any project meeting the definition of "exempt development"
shall be exempt from the provisions of this ordinance.
- Minor Development. Minor developments shall be designed to include the following
stormwater management measures:
- i. Water quality. Soil erosion and sediment control measures
shall be installed in accordance with the Standards for
Soil Erosion and Sediment Control in New Jersey.
- ii. Rate/Volume control. Seepage pits or other infiltration
measures shall be provided with a capacity of 3" of runoff
for each square foot of new impervious area. Stone used
in the infiltration devices shall be 21/2" clean stone
and design void ratio of 33% shall be used. The infiltration
measures shall be designed with an overflow to the surface
which shall be stabilized and directed to an existing stormwater
conveyance system or in a manner to keep the overflow on
the developed property to the greatest extent feasible.
If the new impervious surface is not roof area, an equivalent
area of existing roof may be directed to the infiltration
system. This shall be permitted where the existing roof
is not already directed to infiltration devices.
- Major Developments. All major developments shall have their stormwater management
designed in accordance with the Residential Site Improvement Standards (RSIS,
N.J.A.C. 5:21) and the NJDEP Stormwater Rule (N.J.A.C. 7:8). These standards
shall apply to all projects, residential and non-residential.
- g. Waivers and Exceptions.
- Standards for Relief. Waivers from strict compliance with the design standards
shall only be granted upon showing that meeting the standards would result
in an exceptional hardship on the applicant or that the benefits to the public
good of the deviation from the standards would substantially outweigh any detriments
of the deviation. A hardship will not be considered to exist if reasonable
reductions in the scope of the project would eliminate the non-compliance.
- Mitigation. If the reviewing agency for the project determines that a waiver
is appropriate, the applicant must execute a mitigation plan. The scope
of the mitigation plan shall be commensurate with the size of the project and
the magnitude of the relief required. The mitigation project may be taken from
the list of projects in the Municipal Stormwater Management Plan or another
project identified by the applicant. All mitigation projects are subject to
the approval of the Township Engineer. A monetary contribution to the Township
may be made in lieu of the work identified in the mitigation plan, subject
to the approval of the reviewing agency.
- Reviewing Agency. All applications subject to the review of the Planning
Board or Board of Adjustment shall be reviewed by those Boards concurrently
with subdivision or site plan review. Applications not subject to Planning
Board or Board of Adjustment review shall be reviewed by the Township Engineer.
The appeal of the determination of the Township Engineer shall be made in accordance
with N.J.S.A. 40:55D-70a.
h. Application and Review Fees. There shall
be no additional fees for stormwater review for applications to the
Planning Board or Board of Adjustment. Applications to the Township
Engineer shall be accompanied by a review fee in the amount of Two
Hundred and Fifty ($250.00) Dollars. If a project is approved, an
inspection escrow deposit shall be made in an amount to be determined
by the Township Engineer.
Section III - Intent
If the provision of any article, subsection, paragraph, subdivision or
clause of this Chapter shall be judged invalid by any Court of competent
jurisdiction, such Order or Judgment shall not effect or invalidate the
remainder of any such article, section, subsection, paragraph or clause,
and to this end, the provisions of this Ordinance are hereby declared to
Section IV - Intent
All other provisions of the said ordinance shall remain in full force
Section V - Intent
This ordinance shall take effect immediately upon (1) adoption; (2)
publication in accordance with the laws of the State of New Jersey; and
(3) filing with the Somerset County Planning Board.
TOWNSHIP OF BERNARDS
Ordinance #1853 was introduced and passed on first
reading by the Township Committee of the Township of Bernards in the
County of Somerset on 1/24/06 and then ordered to be published according
to law/ It will be further considered for final passage and adoption
at a public hearing held at a meeting of the Township Committee at the
Municipal Building, 1 Collyer Lane, Basking Ridge, NJ in said township
on 2/28/06, at 7:30 P.M., when and where, or at such time and place to
which said meeting may be adjourned, all persons interested will be given
an opportunity to be heard concerning said ordinance. A complete text
of this ordinance is available in the Office of the Municipal Clerk,
1 Collyer Lane, Basking Ridge, NJ, from 8:30 A.M. to 4:30 P.M., Monday
through Friday. Copies are also available via e-mail from firstname.lastname@example.org.
By Order of the Township Committee
Denise Szabo, Municipal Clerk
TOWNSIHP OF BERNARDS
Notice is hereby given that Bernards Township Ordinance #1853, was
introduced and passed on first reading at a meeting of the Township Committee,
on 1/24/06, and was passed on final reading and adopted following a public
hearing thereon at a regular meeting of the Governing Body of the Township
of Bernards on 2/28/06.
The ordinance expands those applications subject to the NJDEP
storm water rules and to Bernards design standards to now include
projects in excess of 1,000 square feet or more of new impervious
surface instead of only those in excess of one quarter acre
or more, and it now includes projects that disturb in excess
of 2,500 square feet of land instead of only those ultimately
disturbing more than one or more acres of land. These standards
shall apply to all projects, residential and non-residential.
- Stormwater Management
- The Township has adopted the following ordinances that will keep the water in our streams
clean and healthy.
- Ordinance 1751 - "Litter"
- It shall be unlawful for any person to throw, drop, discard or otherwise place litter of any
nature upon any public or private property, other than in a litter receptacle, or having done so, to allow such litter to remain.
- Ordinance 1752 - "Removal of Dog Feces"
- All pet owners and keepers are required to immediately and properly dispose of their pet's
solid waste deposited on any property, public or private, not owned or possessed by that person.
- Ordinance 1753 -"Feeding Wildlife"
- No person shall, in any public park or on any other property owned or operated by the Township of Bernards, feed any wildlife, excluding confined wildlife (for example, wildlife confined in zoos, parks or rehabilitation centers, or unconfined wildlife at environmental education centers).
- Ordinance 1754 - "Illicit Connections"
- No person shall discharge or cause to be discharged through an illicit connection to the municipal storm sewer system operated by the Township of Bernards any domestic sewage, non-contact cooling water, process wastewater or other industrial waste (other than stormwater).
- Ordinance 1755 - "Improper Disposal of Wastes"
- The spilling, dumping or disposal of materials other than stormwater to the municipal storm sewer system operated by the Township of Bernards is prohibited. The spilling, dumping or disposal of materials other than stormwater in such a manner as to cause the discharge of pollutants to the municipal storm sewer system is also prohibited.
- Ordinance 1756 - "Yard Waste Containerization and Collection Program"
- No owner or occupant of any property, or any employee or contractor of such owner or occupant engaged to provide lawn care or landscaping services, shall sweep, rake, blow or otherwise place yard waste in the street unless the yard waste is containerized.. If yard waste that is not containerized is placed in the street, the party responsible for placement of yard waste shall remove the yard waste from the street or said party shall be deemed in violation of this section.
- Ordinance 1810 - "Stormwater Management to include Best Management Practices"
- It is the intent of this ordinance to require the design of developments to incorporate Stormwater Management and Stormwater best management practices.
- Ordinance 1853 - "Stormwater Management additional Best Management Practices"
- The ordinance expands those applications subject to the NJDEP storm water rules and to Bernards Township design standards to now include projects in excess of 1,000 square feet or more of new impervious surface instead of only those in excess of one quarter acre or more, and it now includes projects that disturb in excess of 2,500 square feet of land instead of only those ultimately disturbing more than one or more acres of land. These standards shall apply to all projects, residential and non-residential.
- Ordinance 2073 - "Fertilizer Restrictions"
- This ordinance regulates the outdoor application of fertilizer so as to reduce the overall amount of excess nutrients entering waterways, thereby helping to protect and improve surface water quality.
- Ordinance 2074 - "Private Storm Drain Inlet Retrofitting"
- The Township's NJPDES General Permit issued by the NJDEP mandates that an ordinance be adopted that requires that storm drain inlets on"private" property, excluding a residential lot with one single family house, be retrofitting to prevent the discharge of solids and floatables (such as plastic bottles, cans, food wrappers and other litter) to the municipal separate storm sewer system. This requirement is triggered when the private property owner repaves or resurfaces the pavement that has a direct contact with a storm drain.
- Ordinance 2075 - "Refuse Container/Dumpsters"
- The Township's NJPDES General Permit issued by the NJDEP mandates that an ordinance be adopted that requires dumpsters and other refuse containers that are outdoors or exposed to stormwater to be covered at all times and prohibits the spilling, dumping, leaking, or otherwise discharge of liquids, semi-liquids or solids from the containers to the municipal separate storm sewer system operated by the Township of Bernards or other public body and/or the waters of the State.
- Ordinance 2419 - "Maintenance of Stormwater Facilities"
- - The Township's NJPDES General Permit issued by the NJDEP mandates that the Township regulate the maintenance and operation of private stormwater facilities. This ordinance requires property owners to annually certify that their stormwater facilities are operating properly.