City of Estell Manor, NJ Article IV Performance Standards for Major Development

§ 330-12 Nonstructural stormwater management strategies.

A. To the maximum extent practicable, the performance standards in this Article IV for major development shall be met by incorporating the nine nonstructural strategies identified in Subchapter 5 of the NJ Stormwater Management Rules (N.J.A.C. 7:8-5), and set forth in § 330-8D(1), into the design. The applicant shall identify within the land use planning and source control plan required by § 330-8D of this Part 1 how each of the nine nonstructural measures will be incorporated into the design of the project to the maximum extent practicable.

B. If the applicant contends that it is not practical for engineering, environmental or safety reasons to incorporate any of the nine nonstructural strategies into the design of a particular project, the applicant shall provide a detailed rationale establishing a basis for the contention that use of the strategy is not practical on the site. This rationale shall be submitted in accordance with the checklist requirements established by Article II to the City. A determination by the City that this rationale is inadequate or without merit shall result in a denial of the application unless one of the following conditions is met:

(1) The land use planning and source control plan is amended to include a description of how all nine nonstructural measures will be implemented on the development site, and the amended plan is approved by the City;

(2) The land use planning and source control plan is amended to provide an alternative nonstructural strategy or measure that is not included in the list of nine nonstructural measures, but still meets the performance standards in Article IV, and the amended plan is approved by the City; or

(3) The land use planning and source control plan is amended to provide an adequate rationale for the contention that use of the particular strategy is not practical on the site, and the amended plan is approved by the City.

C. In addition to all other requirements of this section, each applicant shall demonstrate that, at a minimum, existing trees and vegetation on the development site will be preserved, protected and maintained according to the minimum standards established by provisions of the City of Estell Manor's Land Use Ordinance,[1] Chapter 380, Zoning, of the Code of the City of Estell Manor or by conditions of zoning or variance approval. Existing trees and vegetation shall be protected during construction activities in accordance with the Standard for Tree Protection During Construction provided in the NJ State Soil Conservation Committee Standards for Soil Erosion and Sediment Control in New Jersey, which is incorporated herein by reference as amended and supplemented.

[1] Editor's Note: See Ch. 142, Campgrounds, Ch. 200, Flood Damage Prevention, and Ch. 340, Subdivision of Land.

D. In addition to all other requirements of this section, each application for major development, and any other application where the City otherwise requires a landscaping plan, shall contain a landscaping or revegetation plan in accordance with the Pinelands CMP standards at N.J.A.C. 7:50-6.24(c).

E. Any land area used as a nonstructural stormwater management measure to meet the performance standards in Article IV shall be dedicated to a government entity; shall be subjected to a conservation easement filed with the appropriate County Clerk's office; or shall be subjected to an equivalent form of restriction approved by the City that ensures that that measure, or equivalent stormwater management measure, is maintained in perpetuity, as detailed in Article VI of this Part 1.

F. Guidance for nonstructural stormwater management strategies is available in the New Jersey BMP Manual, which may be obtained from the address identified in § 330-38 or found on the NJDEP's website at www.njstormwater.org.

G. Exception for major development sites creating less than one acre of disturbance. The use of nonstructural strategies to meet the performance standards in Article IV of this Part 1 is not required for major development creating less than one acre of disturbance. However, the following requirements shall be met:

(1) Each application for major development and any other application where the City otherwise requires a landscaping plan shall contain a landscaping or revegetation plan prepared in accordance with the Pinelands CMP standards [N.J.A.C. 7:50-6.24(c)];

(2) Each applicant shall demonstrate that, at a minimum, existing trees and vegetation on the development site will be preserved and protected according to the minimum standards established by provisions of the City of Estell Manor's Land Use Ordinance,[2] Chapter 380, Zoning, of the Code of the City of Estell Manor or by conditions of zoning or variance approval; and

[2] Editor's Note: See Ch. 142, Campgrounds, Ch. 200, Flood Damage Prevention, and Ch. 340, Subdivision of Land.

(3) Existing trees and vegetation shall be protected during construction activities in accordance with the Standard for Tree Protection During Construction provided in the NJ State Soil Conservation Committee Standards for Soil Erosion and Sediment Control in New Jersey, which is incorporated herein by reference as amended and supplemented.

§ 330-13 Stormwater runoff quantity and rate standards.

A. There shall be no direct discharge of stormwater runoff from any point or nonpoint source to any wetland, wetlands transition area or surface water body. In addition, stormwater runoff shall not be directed in such a way as to increase the volume and/or rate of discharge into any surface water body from that which existed prior to development of the site.

B. To the maximum extent practical, there shall be no direct discharge of stormwater runoff onto farm fields so as to protect farm crops from damage due to flooding, erosion and long-term saturation of cultivated crops and cropland.

C. For all major developments, the total runoff volume generated from the net increase in impervious surfaces by a ten-year, twenty-four-hour storm shall be retained and infiltrated on site.

D. In addition, the design engineer, using the assumptions and factors for stormwater runoff and groundwater recharge calculations contained in Article III, shall either:

(1) Demonstrate through hydrologic and hydraulic analysis that the post-developed stormwater runoff hydrographs from the project site for the two-, ten-, and one-hundred-year storms do not exceed, at any point in time, the site's pre-developed runoff hydrographs for the same storms;

(2) Demonstrate through hydrologic and hydraulic analysis that under post-developed site conditions:

(a) There is no increase in pre-developed stormwater runoff rates from the project site for the two-, ten-, and one-hundred-year storms; and

(b) Any increased stormwater runoff volume or change in stormwater runoff timing for the two-, ten-, and one-hundred-year storms will not increase flood damage at or downstream of the project site. When performing this analysis for pre-developed site conditions, all off-site development levels shall reflect existing conditions. When performing this analysis for post-developed site conditions, all off-site development levels shall reflect full development in accordance with current zoning and land use ordinances; or

(3) Demonstrate that the peak post-developed stormwater runoff rates from the project site for the two-, ten-, and one-hundred-year storms are 50%, 75% and 80%, respectively, of the site speak pre-developed stormwater runoff rates for the same storms. Peak outflow rates from on-site stormwater measures for these storms shall be adjusted where necessary to account for the discharge of increased stormwater runoff rates and/or volumes from project site areas not controlled by the on-site measures. These percentages do not have to be applied to those portions of the project site that are not proposed for development at the time of application, provided that such areas are:

(a) Protected from future development by imposition of a conservation easement, deed restriction, or other acceptable legal measures; or

(b) Would be subject to review under these standards if they are proposed for any degree of development in the future.

E. In tidal flood hazard areas, a stormwater runoff quantity analysis in accordance with § 330-13D(1), (2) and (3) above shall only be applied if the increased volume of stormwater runoff could increase flood damages below the point of discharge.

F. The standards for stormwater runoff quantity and rate required by this section shall be met using the methods, calculations and assumptions provided in Article III.

§ 330-14 Groundwater recharge standards.

A. For all major developments, with the exception of those described in § 330-14D, below, the design engineer, using the assumptions and factors for stormwater runoff and groundwater recharge calculations contained in Article III, shall either:

(1) Demonstrate through hydrologic and hydraulic analysis that the post-developed project site maintains 100% of the site's pre-developed average annual groundwater recharge volume; or

(2) Demonstrate through hydrologic and hydraulic analysis that any increase in the project site's stormwater runoff volume for the two-year, twenty-four-hour storm from pre-developed to post-developed conditions is infiltrated on site.

B. The design engineer shall assess the hydraulic impact on the groundwater table and design the project site and all site groundwater recharge measures so as to avoid adverse hydraulic impacts. Adverse hydraulic impacts include, but are not limited to, raising the groundwater table so as to cause surface ponding; flooding of basements and other subsurface structures and areas; preventing a stormwater infiltration basin from completely draining via infiltration within 72 hours of a design storm event; and interference with the proper operation of subsurface sewage disposal systems and other surface and subsurface facilities in the vicinity of the groundwater recharge measure.

C. The standards for groundwater recharge required by this section shall be met using the methods, calculations and assumptions provided in Article III.

D. Exceptions. The preceding groundwater recharge standards shall not apply to sites that create less than one acre of disturbance.

§ 330-15 Erosion control standards.

The minimum design and performance standards for erosion control are those established under the Soil Erosion and Sediment Control Act, N.J.S.A. 4:24-39 et seq., and its implementing regulations, N.J.A.C. 2:90-1.1 through 2:90-1.4.

§ 330-16 Stormwater runoff quality standards.

A. There shall be no direct discharge of stormwater runoff from any point or nonpoint source to any wetland, wetland transition area or surface water body.

B. Stormwater management measures shall be designed to reduce the total suspended solids (TSS) load in the stormwater runoff from the post-developed site by 80%, expressed as an annual average.

C. Stormwater management measures shall also be designed to reduce the nutrient load in the stormwater runoff from the post-developed site by the maximum extent practicable. In achieving this reduction, the design of the development site shall include nonstructural and structural stormwater management measures that optimize nutrient removal while still achieving the groundwater recharge, runoff quantity and rate, and TSS removal standards in this section.

D. The standards for stormwater runoff quality required by this section shall be met using the methods, calculations, assumptions and pollutant removal rates provided in Article III.

E. Exceptions.

(1) The preceding stormwater runoff quality standards shall not apply to the following major development sites:

(a) Major development sites where less than 0.25 acre of additional impervious surface is proposed; or

(b) Major residential development sites that create less than one acre of disturbance.

(2) The TSS reduction requirement in § 330-17B shall not apply to any stormwater runoff in a discharge regulated under a numeric effluent limitation for TSS imposed under the NJPDES rules (N.J.A.C. 7:14A) or in a discharge specifically exempt under a NJPDES permit from this requirement.

(3) The stormwater runoff quantity and rate standards in § 330-13 shall still be met for all major development sites.

§ 330-17 Additional stormwater quality standards for high pollutant loading areas and areas where stormwater runoff is exposed to source material.

A. This section applies to the following areas of a major development as defined in § 330-31 of this Part 1:

(1) High pollutant loading areas (HPLAs); and

(2) Areas where stormwater is exposed to source material.

B. For a major development in areas described in § 330-17A(1) or (2) above, in addition to the infiltration requirements specified in § 330-13B and the groundwater recharge requirements specified in § 330-14, the applicant shall demonstrate in the land use planning and source control plan required in § 330-8D that the following requirements have been met:

(1) The extent of the areas described in § 330-17A(1) and (2) above have been minimized on the development site to the maximum extent practicable;

(2) The stormwater runoff from the areas described in § 330-17A(1) and (2) above is segregated to the maximum extent practicable from the stormwater runoff generated from the remainder of the site such that co-mingling of the stormwater runoff from the areas described in § 330-17A(1) and (2) above and the remainder of the site will be minimized;

(3) The amount of precipitation falling directly on the areas described in § 330-17A(1) and (2) above is minimized to the maximum extent practicable by means of a canopy, roof or other similar structure that reduces the generation of stormwater runoff; and

(4) The stormwater runoff from or co-mingled with the areas described in § 330-17A(1) and (2) above for the water quality design storm, defined in § 330-10, Table 1, shall be subject to pretreatment by one or more of the following stormwater BMPs, designed in accordance with the New Jersey BMP Manual to provide 90% TSS removal:

(a) Bioretention system;

(b) Sand filter;

(c) Wet ponds which shall be hydraulically disconnected by a minimum of two feet of vertical separation from the seasonal high water table and shall be designed to achieve a minimum 80% TSS removal rate;

(d) Constructed stormwater wetlands; and/or

(e) Media filtration system manufactured treatment device with a minimum 80% TSS removal as verified by the New Jersey Corporation for Advanced Technology and as certified by NJDEP.

(5) If the potential for contamination of stormwater runoff by petroleum products exists on site, prior to being conveyed to the pretreatment BMP required in § 330-17B(4) above, the stormwater runoff from the areas described in § 330-17A(1) and (2) above shall be conveyed through an oil/grease separator or other equivalent manufactured filtering device to remove the petroleum hydrocarbons. The applicant shall provide the reviewing agency with sufficient data to demonstrate acceptable performance of the device.

§ 330-18 Threatened and endangered species and associated habitat standards.

Stormwater management measures shall address the impacts of the development on habitat for threatened and endangered species, in accordance with N.J.A.C. 7:8-5.2(c), N.J.A.C. 7:50-6.27, and N.J.A.C. 7:50-6.33 and 7:50-6.34.

§ 330-19 Exceptions and mitigation requirements.

A. Exceptions from strict compliance with the groundwater recharge, stormwater runoff quantity, and stormwater runoff quality requirements established by this Part 1 may be granted, at the discretion of the City, and subject to approval by the Pinelands Commission, provided that all of the following conditions are met:

(1) The exception is consistent with that allowed by the City;

(2) The City has an adopted and effective municipal stormwater management plan in accordance with N.J.A.C. 7:8-4.4, which includes a mitigation plan in accordance with N.J.A.C. 7:8-4.2(c)11, and is also certified by the Pinelands Commission. The mitigation plan shall identify what measures are necessary to offset the deficit created by granting the exception, and the municipality shall submit a written report to the county review agency and the NJDEP describing the exception and the required mitigation. Guidance for developing municipal stormwater management plans, including mitigation plans, is available from the NJDEP, Division of Watershed Management and the New Jersey BMP Manual.

(3) The applicant demonstrates that mitigation, in addition to the requirements of mitigation plan discussed in § 330-19A(2) above, will be provided consistent with one of the following options:

(a) Mitigation may be provided off site, but within the Pinelands Area and within the same drainage area as the development site, and shall meet or exceed the equivalent recharge, quality or quantity performance standard which is lacking on the development site due to the exception; or

(b) In lieu of the required mitigation, a monetary in-lieu contribution may be provided by the applicant to the City in accordance with the following:

[1] The amount of the in-lieu contribution shall be determined by the City, but the maximum in-lieu contribution required shall be equivalent to the cost of implementing and maintaining the stormwater management measure(s) for which the exception is granted.

[2] The in-lieu contribution shall be used to fund an off-site stormwater control mitigation project(s) located within the Pinelands Area, within the same drainage area as the development site, and shall meet or exceed the equivalent recharge, quality or quantity performance standards which are lacking on the development site. Such mitigation project shall be identified by the City in its adopted municipal stormwater management plan. The stormwater control project to which the monetary contribution will be applied shall be identified by the City at the time the exception is granted. The applicant shall amend the project description and site plan required in § 330-8C to incorporate a description of both the standards for which an on-site exception is being granted and of the selected off-site mitigation project.

[3] The City shall expend the in-lieu contribution to implement the selected off-site mitigation project within five years from the date that payment is received. Should the City fail to expend the in-lieu contribution within the required time frame, the mitigation option provided in § 330-19A(3)(b) of this Part 1 shall be void and the City shall be prohibited from collecting in-lieu contributions.

B. An exception from strict compliance granted in accordance with § 330-19A above shall not constitute a waiver of strict compliance from the requirements of the Pinelands Comprehensive Management Plan at N.J.A.C. 7:50. An applicant should contact the Pinelands Commission to determine whether a waiver of strict compliance is also required in accordance with N.J.A.C. 7:50, Subchapter 4, Part V.