Departments & Services
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.