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MODEL ORDINANCE ESTABLISHING GUIDELINES FOR PERMEABLE ROAD AND DRIVEWAY CONSTRUCTION

WHEREAS, the Governing Body recognizes that stormwater runoff which is controlled through traditional infrastructure can result increased municipal maintenance costs as well as create costly flooding issues; and WHEREAS, the Governing Body recognizes the need to provide options other than traditional infrastructure to help control such stormwater runoff; and WHEREAS, a low impact development alternative to traditional infrastructure is natural drainage systems. NOW THEREFORE BE IT ORDAINED by the (Municipal Governing Body), of (County) and the State of New Jersey that [enter name of new section of ordinance] is hereby enacted as follows: SECTION 1. Non-Residential Development (1) Applicants seeking site plan approval for all non-residential development shall be required to construct all parking areas and access drives of permeable material acceptable to the Board Engineer. (2) Any Applicant utilizing permeable materials shall be entitled to seek a building coverage bonus to assist in facilitating its construction. (3) Any building coverage bonus associated with an application before the municipal Planning Board shall be considered permitted and not require relief pursuant to either N.J.S.A. 40:55D-70 or N.J.S.A. 40:55D-51. SECTION 2. Residential Development (1) Any Application for new residential development shall be required to construct all individual driveways of permeable material acceptable to the Board Engineer and consistent with all relevant requirements contained in the Residential Site Improvement Standards, N.J.A.C. 5:21 et seq. (2)Any Applicant utilizing permeable materials shall be entitled to seek a building coverage bonus to assist in facilitating its construction.

(3)Any building coverage bonus associated with an application before the municipal Planning Board shall be considered permitted and not require relief pursuant to either N.J.S.A. 40:55D-70 or N.J.S.A. 40:55D-51. SECTION 3. All ordinances or parts thereof which are inconsistent or in conflict with the provisions of this ordinance or any part thereof are hereby repealed to the extent of said inconsistency or conflict. SECTION 4. Severability and Effectiveness Clause: If any sentence, paragraph or section of this ordinance, or the application thereof to any persons or circumstances shall be adjudged by a court of competent jurisdiction to be invalid, or if by legislative action any sentence, paragraph or section of this ordinance shall lose its force and effect, such judgment or action shall not affect, impair or void the remainder of this ordinance. SECTION 4. This Ordinance shall take effect as provided by law. ADOPTED APPROVED [DATE] _____________________ [Name of Mayor] Attest: _____________________ [Name of Clerk] AND