ORDINANCE NO. 2024-11

TOWNSHIP OF NORTH HANOVER

COUNTY OF BURLINGTON



AN ORDINANCE AMENDING Chapter 15, land subdivision and site plan Review, OF THE CODE OF THE TOWNSHIP OF NORTH HANOVER, COUNTY OF BURLINGTON AND STATE OF NEW JERSEY





WHEREAS, the Pinelands Protection Act (N.J.S.A. 13:18A-1) requires that the municipal master plan and local land use ordinances of the Township of North Hanover implement the objectives of the Pinelands Comprehensive Management Plan (N.J.A.C. 7:50) and conform with the minimum standards contained therein; and



WHEREAS, the Pinelands Comprehensive Management Plan incorporates by reference certain stormwater management regulations contained at N.J.A.C. 7:8; and



WHEREAS, the New Jersey Department of Environmental Protection adopted amendments to certain stormwater management regulations contained at N.J.A.C. 7:8, effective July 17, 2023.



NOW, THEREFORE, BE IT ORDAINED by the Township Committee of the Township of North Hanover, County of Burlington and State of New Jersey, as follows:



SECTION 1: Chapter 15, Land Subdivision and Site Plan Review, Section 15-085, Stormwater Control for Pinelands Portion of North Hanover Township, is hereby amended by revising subsection C4 as follows:

4. Tables 1, 2, and 3 below summarize the ability of stormwater best management practices identified and described in the New Jersey Stormwater BMP Manual to satisfy the green infrastructure, groundwater recharge, stormwater runoff quality and stormwater runoff quantity standards specified in §15-085C14, 15, 16, and 17. When designed in accordance with the most current version of the New Jersey Stormwater BMP Manual and this Section, the stormwater management measures found 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 BMP Manual 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 NJDEP 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 NJDEP website at: https://njstormwater.org/bmp_manual2.htm https://dep.nj.gov/stormwater/bmp-manual/.



SECTION 2: Chapter 15, Land Subdivision and Site Plan Review, Section 15-085, Stormwater Control for Pinelands Portion of North Hanover Township, is hereby amended by revising subsection C15 as follows:

15. Groundwater Recharge Standards

(a) (No change.)



(b) For all major development, the total runoff volume generated from the net increase in impervious surfaces by a the current 10-year, 24-hour storm, as defined and determined in §15-085D8, shall be retained and infiltrated onsite.



(c) For minor development that involves the construction of four or fewer dwelling units, the runoff generated from the total roof area of the dwelling(s) by a the current 10-year, 24-hour storm, as defined and determined in §15-085D8, shall be retained and infiltrated through installation of one or more green infrastructure stormwater management measures designed in accordance with the New Jersey Stormwater BMP Manual. Appropriate green infrastructure stormwater management measures include, but are not limited to dry wells, pervious pavement systems, and small scale bioretention systems, including rain gardens.



(d)(e) (No change.)



SECTION 3: Chapter 15, Land Subdivision and Site Plan Review, Section 15-085, Stormwater Control for Pinelands Portion of North Hanover Township, is hereby amended by revising subsection C16 as follows:

16. Stormwater Runoff Quantity Standards



(a) (No change.)



(b) In order to control stormwater runoff quantity impacts, the design engineer shall, using the assumptions and factors for stormwater runoff calculations at §15-085C, complete one of the following:



i. Demonstrate through hydrologic and hydraulic analysis that for stormwater leaving the site, post-construction runoff hydrographs for the current and projected 2-, 10-, and 100-year storm events, as defined and determined in §15-085D8 and 9, do not exceed, at any point in time, the pre-construction runoff hydrographs for the same storm events;



ii. 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 current and projected 2-, 10- and 100-year storm events, as defined and determined in §15-085D8 and 9, 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;



iii. Design stormwater management measures so that the post-construction peak runoff rates for the current and projected 2-, 10- and 100-year storm events, as defined and determined in §15-085D8 and 9, are 50, 75 and 80 percent, 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



iv. (No change.)



(c) – (e) (No change.)



SECTION 4: Chapter 15, Land Subdivision and Site Plan Review, Section 15-085, Stormwater Control for Pinelands Portion of North Hanover Township, is hereby amended as follows:

§15-085D. Calculation of Stormwater Runoff and Groundwater Recharge



1. Stormwater runoff shall be calculated by the design engineer using 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, except that the Rational Method for peak flow and the Modified Rational Method for hydrograph computations shall not be used. 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 https://directives.sc.egov.usda.gov/viewerFS.aspx?hid=21422 or at United States Department of Agriculture Natural Resources Conservation Service, 220 Davison Avenue, Somerset, New Jersey 08873.



2. (No change.)



3. For the purpose of calculating runoff coefficients curve numbers 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 “curve number” applies to the NRCS methodology at 1. above. A runoff coefficient curve number 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).



4. – 7. (No change.)



8. The precipitation depths of the current two-, 10-, and 100-year storm events shall be determined by multiplying the values determined in accordance with items 1 and 2 below:


(a) The applicant shall utilize the National Oceanographic and Atmospheric Administration (NOAA), National Weather Service’s Atlas 14 Point Precipitation Frequency Estimates: NJ, in accordance with the location(s) of the drainage area(s) of the site. This data is available at:


https://hdsc.nws.noaa.gov/hdsc/pfds/pfds_map_cont.html?bkmrk=nj; and


(b) The applicant shall utilize Table 5: Current Precipitation Adjustment Factors below, which sets forth the applicable multiplier for the drainage area(s) of the site, in accordance with the county or counties where the drainage area(s) of the site is located. Where the major development lies in more than one county, the precipitation values shall be adjusted according to the percentage of the drainage area in each county. Alternately, separate rainfall totals can be developed for each county using the values in the table below.


Table 5: Current Precipitation Adjustment Factors




County

Current Precipitation Adjustment Factors

2-year

Design Storm

10-year

Design Storm

100-year

Design Storm

Burlington

0.99

1.01

1.04


9. Table 6: Future Precipitation Change Factors provided below sets forth the change factors to be used in determining the projected two-, 10-, and 100-year storm events for use in this chapter, which are organized alphabetically by county. The precipitation depth of the projected two-, 10-, and 100-year storm events of a site shall be determined by multiplying the precipitation depth of the two-, 10-, and 100-year storm events determined from the National Weather Service’s Atlas 14 Point Precipitation Frequency Estimates pursuant to 8(a) above, by the change factor in the table below, in accordance with the county or counties where the drainage area(s) of the site is located. Where the major development and/or its drainage area lies in more than one county, the precipitation values shall be adjusted according to the percentage of the drainage area in each county. Alternately, separate rainfall totals can be developed for each county using the values in the table below.


Table 6: Future Precipitation Change Factors




County

Future Precipitation Change Factors

2-year

Design Storm

10-year

Design Storm

10-year

Design Storm

Burlington

1.17

1.18

1.32





SECTION 5: Chapter 15, Land Subdivision and Site Plan Review, Section 15-085, Stormwater Control for Pinelands Portion of North Hanover Township, is hereby amended as follows:

§15-085E. Sources for Technical Guidance

1. Technical guidance for stormwater management measures can be found in the documents listed below, which are available to download from the NJDEP’s website at: http://www.nj.gov/dep/stormwater/bmp_manual2.htm https://dep.nj.gov/stormwater/bmp-manual/.



(a) (No change.)



(b) Additional maintenance guidance is available on the NJDEP’s website at: https://www.njstormwater.org/maintenance_guidance.htm https://dep.nj.gov/stormwater/maintenance-guidance/.



2.

(a) Submissions required for review by the NJDEP should be mailed to:



The Division of Water QualityWatershed Protection and Restoration, New Jersey Department of Environmental Protection, Mail Code 401-02B501-02A, PO Box 420, Trenton, New Jersey 08625-0420.



(b) (No change.)



NOTICE

This Ordinance published herewith was introduced and passed upon first reading at the regular meeting of the Township Committee of the Township of North Hanover held on June 6, 2024. It will be further considered for final passage after a public hearing to be held on July 18, 2024, at the Municipal Building, 41 Schoolhouse Road, Jacobstown, NJ at 7:00 p.m. or as soon thereafter as the matter may be heard, at which time and place any person desired to be heard upon the same will be given an opportunity to be heard. Copies of said ordinance are available to any member of the general public who wants a copy of the ordinance, free of charge at the Municipal Clerk’s Office located in the Township Municipal Building, Monday through Friday, 8:30 a.m. to 4:30 p.m.

______________________________
Mary Picariello, RMC/CMR/CTC Municipal Clerk

Vote on Introduction:

COMMITTEE

MOTION

2ND

AYES

NAYS

ABSTAIN

ABSENT

Committeeman Doyle

X


X




Committeeman Forsyth



X




Committeeman Kocubinski


X

X




Deputy Mayor O’Donnell



X




Mayor DeBaecke



X
















NOTICE


The ordinance read by title upon second reading herewith has been adopted at the meeting of the Township Committee of North Hanover Township, held on July 18, 2024.



_________________________

Mary Picariello, RMC/CMR/CTC

Municipal Clerk

Vote on Adoption:

COMMITTEE

MOTION

2ND

AYES

NAYS

ABSTAIN

ABSENT

Committeeman Doyle

X


X




Committeeman Forsyth






X

Committeeman Kocubinski






X

Deputy Mayor O’Donnell


X

X




Mayor DeBaecke



X






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