[Ord. No. 2006-76; Ord. No. 2021-296, 2-25-2021]
This chapter shall be known as and may be cited as the "Stormwater
Management Ordinance of the Borough of Union Beach."
[Ord. No. 2006-76; Ord. No. 2006-86; Ord.
No. 2021-296, 2-25-2021]
a. Policy Statement. Flood control, groundwater recharge,
and pollutant reduction shall be achieved using stormwater management
measures, including green infrastructure best management practices
(GI BMPs) and nonstructural stormwater management strategies. GI BMPs
and low-impact development (LID) should be utilized to meet the goal
of maintaining natural hydrology to reduce stormwater runoff volume,
reduce erosion, encourage infiltration and groundwater recharge, and
reduce pollution. GI BMPs and LID should be developed based upon physical
site conditions and the origin, nature and the anticipated quantity,
or amount, of potential pollutants. Multiple stormwater management
BMPs may be necessary to achieve the established performance standards
for water quality, quantity, and groundwater recharge.
b. Purpose. The purpose of this chapter is to establish minimum stormwater management requirements and controls for "major development," as defined below in §
19-1.3.
c. Applicability.
1. This chapter shall be applicable to the following
major developments:
(a)
Nonresidential major developments; and
(b)
Aspects of residential major developments that
are not preempted by the Residential Site Improvement Standards at
N.J.A.C. 5:21.
2. This chapter shall also be applicable to all major
developments undertaken by the Borough of Union Beach.
d. Compatibility with Other Permit and Ordinance Requirements.
1. Development approvals issued pursuant to this chapter
are to be considered an integral part of development approvals and
do not relieve the applicant of the responsibility to secure required
permits or approvals for activities regulated by any other applicable
code, rule, act, or ordinance. In their interpretation and application,
the provisions of this chapter shall be held to be the minimum requirements
for the promotion of the public health, safety, and general welfare.
2. This chapter is not intended to interfere with,
abrogate, or annul any other ordinances, rule or regulation, statute,
or other provision of law except that, where any provision of this
chapter imposes restrictions different from those imposed by any other
ordinance, rule or regulation, or other provision of law, the more
restrictive provisions or higher standards shall control.
[Ord. No. 2006-76; Ord. No. 2006-86; Ord.
No. 2021-296, 2-25-2021]
For the purpose of this chapter, the following terms, phrases,
words and their derivations shall have the meanings stated herein
unless their use in the text of this chapter clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory. The definitions below are the same as or
based on the corresponding definitions in the Stormwater Management
Rules at N.J.A.C. 7:8-1.2.
CAFRA CENTERS, CORES OR NODES
Those areas with boundaries incorporated by reference or
revised by the Department in accordance with N.J.A.C. 7:7-13.16.
CAFRA PLANNING MAP
The map used by the Department to identify the location of
Coastal Planning Areas, CAFRA centers, CAFRA cores, and CAFRA nodes.
The CAFRA Planning Map is available on the Department's Geographic
Information System (GIS).
COMMUNITY BASIN
An infiltration system, sand filter designed to infiltrate,
standard constructed wetland, or wet pond, established in accordance
with N.J.A.C. 7:8-4.2(c)14, that is designed and constructed in accordance
with the New Jersey Stormwater Best Management Practices Manual, or
an alternate design, approved in accordance with N.J.A.C. 7:8-5.2(g),
for an infiltration system, sand filter designed to infiltrate, standard
constructed wetland, or wet pond and that complies with the requirements
of this chapter.
CONTRIBUTORY DRAINAGE AREA
The area from which stormwater runoff drains to a stormwater
management measure, not including the area of the stormwater management
measure itself.
CORE
A pedestrian-oriented area of commercial and civic uses serving
the surrounding municipality, generally including housing and access
to public transportation.
COUNTY REVIEW AGENCY
An agency designated by the County Board of Chosen Commissioners
to review municipal stormwater management plans and implementing ordinance(s).
The county review agency may either be:
a.
A county planning agency or a county water
resource association created under N.J.S.A. 58:16A-55.5, if the ordinance
or resolution delegates authority to approve, conditionally approve,
or disapprove municipal stormwater management plans and implementing
ordinances.
DEPARTMENT
The Department of Environmental Protection.
DESIGN ENGINEER
A person professionally qualified and duly licensed in New
Jersey to perform engineering services that may include, but not necessarily
be limited to, development of project requirements, creation and development
of project design and preparation of drawings and specifications.
DESIGNATED CENTER
A State Development and Redevelopment Plan Center as designated
by the State Planning Commission such as urban, regional, town, village,
or hamlet.
DEVELOPMENT
The division of a parcel of land into two or more parcels,
the construction, reconstruction, conversion, structural alteration,
relocation or enlargement of any building or structure, any mining
excavation or landfill, and any use or change in the use of any building
or other structure, or land or extension of use of land, for which
permission is required under the Municipal Land Use Law, N.J.S.A.
40:55D-1 et seq. In the case of development of agricultural land,
"development" means any activity that requires a state permit, any
activity reviewed by the County Agricultural Board (CAB) and the State
Agricultural Development Committee (SADC), and municipal review of
any activity not exempted by the Right to Farm Act, N.J.S.A. 4:1C-1
et seq.
DISTURBANCE
The placement or reconstruction of impervious surface or
motor vehicle surface, or exposure and/or movement of soil or bedrock
or clearing, cutting, or removing of vegetation. Milling and repaving
is not considered disturbance for the purposes of this definition.
DRAINAGE AREA
A geographic area within which stormwater, sediments, or
dissolved materials drain to a particular receiving waterbody or to
a particular point along a receiving waterbody.
EMPOWERMENT NEIGHBORHOODS
Neighborhoods designated by the Urban Coordinating Council
"in consultation and conjunction with" the New Jersey Redevelopment
Authority pursuant to N.J.S.A. 55:19-69.
ENVIRONMENTALLY CONSTRAINED AREA
The following areas where the physical alteration of the
land is in some way restricted, either through regulation, easement,
deed restriction or ownership such as: wetlands, floodplains, threatened
and endangered species sites or designated habitats, and parks and
preserves. Habitats of endangered or threatened species are identified
using the Department's Landscape Project as approved by the Department's
Endangered and Nongame Species Program.
ENVIRONMENTALLY CRITICAL AREA
An area or feature which is of significant environmental
value, including, but not limited to, stream corridors, natural heritage
priority sites, habitats of endangered or threatened species, large
areas of contiguous open space or upland forest, steep slopes, and
wellhead protection and groundwater recharge areas. Habitats of endangered
or threatened species are identified using the Department's Landscape
Project as approved by the Department's Endangered and Nongame Species
Program.
EROSION
The detachment and movement of soil or rock fragments by
water, wind, ice, or gravity.
GREEN INFRASTRUCTURE
A stormwater management measure that manages stormwater close
to its source by:
a.
Treating stormwater runoff through infiltration
into subsoil;
b.
Treating stormwater runoff through filtration
by vegetation or soil; or
c.
Storing stormwater runoff for reuse.
HUC 14 or HYDROLOGIC UNIT CODE 14
An area within which water drains to a particular receiving
surface water body, also known as a subwatershed, which is identified
by a fourteen-digit hydrologic unit boundary designation, delineated
within New Jersey by the United States Geological Survey.
IMPERVIOUS SURFACE
A surface that has been covered with a layer of material
so that it is highly resistant to infiltration by water.
INFILTRATION
The process by which water seeps into the soil from precipitation.
LEAD PLANNING AGENCY
One or more public entities having stormwater management
planning authority designated by the regional stormwater management
planning committee pursuant to N.J.A.C. 7:8-3.2, that serves as the
primary representative of the committee.
MAJOR DEVELOPMENT
a.
An individual development, as well as multiple
developments that individually or collectively result in:
1.
The disturbance of one or more acres of land
since February 2, 2004;
2.
The creation of one-quarter acre or more of
regulated impervious surface since February 2, 2004;
3.
The creation of one-quarter acre or more of
regulated motor vehicle surface since the effective date of this chapter;
4.
A combination of Subsection a2 and 3 above
that totals an area of one-quarter acre or more. The same surface
shall not be counted twice when determining if the combination area
equals one-quarter acre or more.
b.
Major development includes all developments
that are part of a common plan of development or sale (for example,
phased residential development) that collectively or individually
meet any one or more of Subsection a1, 2, 3, or 4 above. Projects
undertaken by any government agency that otherwise meet the definition
of "major development" but which do not require approval under the
Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., are also considered
"major development."
MOTOR VEHICLE
Land vehicles propelled other than by muscular power, such
as automobiles, motorcycles, autocycles, and low-speed vehicles. For
the purposes of this definition, "motor vehicle" does not include
farm equipment, snowmobiles, all-terrain vehicles, motorized wheelchairs,
go-carts, gas buggies, golf carts, ski-slope grooming machines, or
vehicles that run only on rails or tracks.
MOTOR VEHICLE SURFACE
Any pervious or impervious surface that is intended to be
used by motor vehicles and/or aircraft, and is directly exposed to
precipitation including, but not limited to, driveways, parking areas,
parking garages, roads, racetracks, and runways.
NEW JERSEY STORMWATER BEST MANAGEMENT PRACTICES (BMP) MANUAL
or BMP MANUAL
The manual maintained by the Department providing, in part, design specifications, removal rates, calculation methods, and soil testing procedures approved by the Department as being capable of contributing to the achievement of the stormwater management standards specified in this chapter. The BMP Manual is periodically amended by the Department as necessary to provide design specifications on additional best management practices and new information on already included practices reflecting the best available current information regarding the particular practice and the Department's determination as to the ability of that best management practice to contribute to compliance with the standards contained in this chapter. Alternative stormwater management measures, removal rates, or calculation methods may be utilized, subject to any limitations specified in this chapter, provided the design engineer demonstrates to the municipality, in accordance with §
19-1.5f of this chapter and N.J.A.C. 7:8-5.2(g), that the proposed measure and its design will contribute to achievement of the design and performance standards established by this chapter.
NODE
An area designated by the State Planning Commission concentrating
facilities and activities which are not organized in a compact form.
NUTRIENT
A chemical element or compound, such as nitrogen or phosphorus,
which is essential to and promotes the development of organisms.
PERSON
Any individual, corporation, company, partnership, firm,
association, political subdivision of this state and any state, interstate
or federal agency.
POLLUTANT
Any dredged spoil, solid waste, incinerator residue, filter
backwash, sewage, garbage, refuse, oil, grease, sewage sludge, munitions,
chemical wastes, biological materials, medical wastes, radioactive
substance [except those regulated under the Atomic Energy Act of 1954,
as amended (42 U.S.C. § 2011 et seq.)], thermal waste, wrecked
or discarded equipment, rock, sand, cellar dirt, industrial, municipal,
agricultural, and construction waste or runoff, or other residue discharged
directly or indirectly to the land, ground waters or surface waters
of the state, or to a domestic treatment works. "Pollutant" includes
both hazardous and nonhazardous pollutants.
RECHARGE
The amount of water from precipitation that infiltrates into
the ground and is not evapotranspired.
REGULATED IMPERVIOUS SURFACE
Any of the following, alone or in combination:
a.
A net increase of impervious surface;
b.
The total area of impervious surface collected
by a new stormwater conveyance system (for the purpose of this definition,
a "new stormwater conveyance system" is a stormwater conveyance system
that is constructed where one did not exist immediately prior to its
construction or an existing system for which a new discharge location
is created);
c.
The total area of impervious surface proposed
to be newly collected by an existing stormwater conveyance system;
and/or
d.
The total area of impervious surface collected
by an existing stormwater conveyance system where the capacity of
that conveyance system is increased.
REGULATED MOTOR VEHICLE SURFACE
Any of the following, alone or in combination:
a.
The total area of motor vehicle surface that
is currently receiving water;
b.
A net increase in motor vehicle surface; and/or
quality treatment either by vegetation or soil, by an existing stormwater
management measure, or by treatment at a wastewater treatment plant,
where the water quality treatment will be modified or removed.
SEDIMENT
Solid material, mineral or organic, that is in suspension,
is being transported, or has been moved from its site of origin by
air, water or gravity as a product of erosion.
SITE
The lot or lots upon which a major development is to occur
or has occurred.
SOIL
All unconsolidated mineral and organic material of any origin.
STATE PLAN POLICY MAP
The geographic application of the State Development and Redevelopment
Plan's goals and statewide policies, and the Official Map of these
goals and policies.
STORMWATER
Water resulting from precipitation (including rain and snow)
that runs off the land's surface, is transmitted to the subsurface,
or is captured by separate storm sewers or other sewage or drainage
facilities, or conveyed by snow removal equipment.
STORMWATER MANAGEMENT BMP
An excavation or embankment and related areas designed to
retain stormwater runoff. A stormwater management BMP may either be
normally dry (that is, a detention basin or infiltration system),
retain water in a permanent pool (a retention basin), or be planted
mainly with wetland vegetation (most constructed stormwater wetlands).
STORMWATER MANAGEMENT MEASURE
Any practice, technology, process, program, or other method
intended to control or reduce stormwater runoff and associated pollutants,
or to induce or control the infiltration or groundwater recharge of
stormwater or to eliminate illicit or illegal nonstormwater discharges
into stormwater conveyances.
STORMWATER MANAGEMENT PLANNING AREA
The geographic area for which a stormwater management planning
agency is authorized to prepare stormwater management plans, or a
specific portion of that area identified in a stormwater management
plan prepared by that agency.
STORMWATER RUNOFF
Water flow on the surface of the ground or in storm sewers,
resulting from precipitation.
TIDAL FLOOD HAZARD AREA
A flood hazard area in which the flood elevation resulting
from the two-, ten-, or 100-year storm, as applicable, is governed
by tidal flooding from the Atlantic Ocean. Flooding in a tidal flood
hazard area may be contributed to, or influenced by, stormwater runoff
from inland areas, but the depth of flooding generated by the tidal
rise and fall of the Atlantic Ocean is greater than flooding from
any fluvial sources. In some situations, depending upon the extent
of the storm surge from a particular storm event, a flood hazard area
may be tidal in the 100-year storm, but fluvial in more frequent storm
events.
URBAN ENTERPRISE ZONES
A zone designated by the New Jersey Enterprise Zone Authority
pursuant to the New Jersey Urban Enterprise Zones Act, N.J.S.A. 52:27H-60
et. seq.
URBAN REDEVELOPMENT AREA
Previously developed portions of areas:
a.
Delineated on the State Plan Policy Map (SPPM)
as the Metropolitan Planning Area (PA1), Designated Centers, Cores
or Nodes;
b.
Designated as CAFRA Centers, Cores or Nodes;
c.
Designated as Urban Enterprise Zones; and
d.
Designated as Urban Coordinating Council Empowerment
Neighborhoods.
WATER CONTROL STRUCTURE
A structure within, or adjacent to, a water, which intentionally
or coincidentally alters the hydraulic capacity, the flood elevation
resulting from the two-, ten-, or 100-year storm, flood hazard area
limit, and/or floodway limit of the water. Examples of a water control
structure may include a bridge, culvert, dam, embankment, ford (if
above grade), retaining wall, and weir.
WATERS OF THE STATE
The ocean and its estuaries, all springs, streams, wetlands,
and bodies of surface or groundwater, whether natural or artificial,
within the boundaries of the State of New Jersey or subject to its
jurisdiction.
WETLANDS or WETLAND
An area that is inundated or saturated by surface water or
groundwater at a frequency and duration sufficient to support, and
that under normal circumstances does support, a prevalence of vegetation
typically adapted for life in saturated soil conditions, commonly
known as hydrophytic vegetation.
[Ord. No. 2006-76; Ord. No. 2021-296, 2-25-2021]
a. Stormwater management measures for major development
shall be designed to provide erosion control, groundwater recharge,
stormwater runoff quantity control, and stormwater runoff quality
treatment as follows:
1. The minimum standards for erosion control are those
established under the Soil and Sediment Control Act, N.J.S.A. 4:24-39
et seq., and implementing rules at N.J.A.C. 2:90.
2. The minimum standards for groundwater recharge,
stormwater quality, and stormwater runoff quantity shall be met by
incorporating green infrastructure.
b. The standards in this chapter apply only to new
major development and are intended to minimize the impact of stormwater
runoff on water quality and water quantity in receiving water bodies
and maintain groundwater recharge. The standards do not apply to new
major development to the extent that alternative design and performance
standards are applicable under a regional stormwater management plan
or water quality management plan adopted in accordance with Department
rules.
[Ord. No. 2006-76; Ord. No. 2021-296, 2-25-2021]
a. The development shall incorporate a maintenance plan for the stormwater management measures incorporated into the design of a major development in accordance with §
19-1.10.
b. Stormwater management measures shall avoid adverse
impacts of concentrated flow on habitat for threatened and endangered
species as documented in the Department's Landscape Project or Natural
Heritage Database established under N.J.S.A. 13:1B-15.147 through
15.150, particularly Helonias bullata (swamp pink) and/or Clemmys
muhlenbergii (bog turtle).
c. The following linear development projects are exempt from the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity requirements of §
19-1.5p,
q and
r:
1. The construction of an underground utility line
provided that the disturbed areas are revegetated upon completion;
2. The construction of an aboveground utility line
provided that the existing conditions are maintained to the maximum
extent practicable; and
3. The construction of a public pedestrian access,
such as a sidewalk or trail with a maximum width of 14 feet, provided
that the access is made of permeable material.
d. A waiver from strict compliance from the green infrastructure, groundwater recharge, stormwater runoff quality, and stormwater runoff quantity requirements of §
19-1.5o,
p,
q and
r may be obtained for the enlargement of an existing public roadway or railroad; or the construction or enlargement of a public pedestrian access, provided that the following conditions are met:
1. The applicant demonstrates that there is a public
need for the project that cannot be accomplished by any other means;
2. The applicant demonstrates through an alternative's analysis, that through the use of stormwater management measures, the option selected complies with the requirements of §
19-1.5o,
p,
q and
r to the maximum extent practicable;
3. The applicant demonstrates that, in order to meet the requirements of §
19-1.5o,
p,
q and
r, existing structures currently in use, such as homes and buildings, would need to be condemned; and
4. The applicant demonstrates that it does not own or have other rights to areas, including the potential to obtain through condemnation lands not falling under §
19-1.5d(3) above within the upstream drainage area of the receiving stream, that would provide additional opportunities to mitigate the requirements of §
19-1.5o,
p,
q and
r that were not achievable on site.
e. Tables 1 through 3 below summarize the ability of stormwater best management practices identified and described in the New Jersey Stormwater Best Management Practices Manual to satisfy the green infrastructure, groundwater recharge, stormwater runoff quality and stormwater runoff quantity standards specified in §
19-1.5o,
p,
q and
r. When designed in accordance with the most current version of the New Jersey Stormwater Best Management Practices Manual, the stormwater management measures found at N.J.A.C. 7:8-5.2(f) Tables 5-1, 5-2 and 5-3 and listed below 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 Best Management Practices 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 Department 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 Department's website at: http://njstormwater.org/bmp_manual2.htm.
f. Where the BMP tables in the NJ Stormwater Management
Rule are different due to updates or amendments with the tables in
this chapter, the BMP Tables in the Stormwater Management rule at
N.J.A.C. 7:8-5.2(f) shall take precedence.
Table 1
|
---|
Green Infrastructure BMPs for Groundwater Recharge, Stormwater
Runoff Quality, and/or Stormwater Runoff Quantity
|
---|
Best Management Practice
|
Stormwater Runoff Quality TSS Removal Rate
|
Stormwater Runoff Quantity
|
Groundwater Recharge
|
Minimum Separation from Seasonal High Water Table
(feet)
|
---|
Cistern
|
0%
|
Yes
|
No
|
—
|
Dry well(a)
|
0%
|
No
|
Yes
|
2
|
Grass swale
|
50% or less
|
No
|
No
|
2(e)
1(f)
|
Green roof
|
0%
|
Yes
|
No
|
—
|
Manufactured treatment device(a)(g)
|
50% or 80%
|
No
|
No
|
Dependent upon the device
|
Pervious paving system(a)
|
80%
|
Yes
|
Yes(b)
No(c)
|
2(b)
1(c)
|
Small-scale bioretention basin(a)
|
80% or 90%
|
Yes
|
Yes(b)
No(c)
|
2(b)
1(c)
|
Small-scale infiltration basin(a)
|
80%
|
Yes
|
Yes
|
2
|
Small-scale sand filter
|
80%
|
Yes
|
Yes
|
2
|
Vegetative filter strip
|
60% to 80%
|
No
|
No
|
—
|
(Notes corresponding to annotations (a) through (g) are found below Table 3)
|
Table 2
|
---|
Green Infrastructure BMPs for Stormwater Runoff Quantity (or
for Groundwater Recharge and/or Stormwater Runoff Quality with a Waiver
or Variance from N.J.A.C. 7:8-5.3)
|
---|
Best Management Practice
|
Stormwater Runoff Quality TSS Removal Rate
|
Stormwater Runoff Quantity
|
Groundwater Recharge
|
Minimum Separation from Seasonal High Water Table
(feet)
|
---|
Bioretention system
|
80% or 90%
|
Yes
|
Yes(b)
No(c)
|
2(b)
1(c)
|
Infiltration basin
|
80%
|
Yes
|
Yes
|
2
|
Sand filter(b)
|
80%
|
Yes
|
Yes
|
2
|
Standard constructed wetland
|
90%
|
Yes
|
No
|
N/A
|
Wet pond(d)
|
50% to 90%
|
Yes
|
No
|
N/A
|
(Notes corresponding to annotations (b) through (d) are found below Table 3)
|
Table 3
|
---|
BMPs for Groundwater Recharge, Stormwater Runoff Quality, and/or
Stormwater Runoff Quantity only with a Waiver or Variance from N.J.A.C.
7:8-5.3
|
---|
Best Management Practice
|
Stormwater Runoff Quality TSS Removal Rate
(percent)
|
Stormwater Runoff Quantity
|
Groundwater Recharge
|
Minimum Separation from Seasonal High Water Table
(feet)
|
---|
Blue roof
|
0%
|
Yes
|
No
|
N/A
|
Extended detention basin
|
40% to 60%
|
Yes
|
No
|
1
|
Manufactured treatment device(h)
|
50% or 80%
|
No
|
No
|
Dependent upon the device
|
Sand filter(c)
|
80%
|
Yes
|
No
|
1
|
Subsurface gravel wetland
|
90%
|
No
|
No
|
1
|
Wet pond
|
50% to 90%
|
Yes
|
No
|
N/A
|
Notes to Tables 1, 2, and 3:
|
(a)
|
Subject to the applicable contributory drainage area limitation specified at § 19-1.5o2;
|
(b)
|
Designed to infiltrate into the subsoil;
|
(c)
|
Designed with underdrains;
|
(d)
|
Designed to maintain at least a ten-foot-wide area of native
vegetation along at least 50% of the shoreline and to include a stormwater
runoff retention component designed to capture stormwater runoff for
beneficial reuse, such as irrigation;
|
(e)
|
Designed with a slope of less than 2%;
|
(f)
|
Designed with a slope of equal to or greater than 2%;
|
(g)
|
Manufactured treatment devices that meet the definition of green infrastructure at § 19-1.3;
|
(h)
|
Manufactured treatment devices that do not meet the definition of green infrastructure at § 19-1.3
|
g. An alternative stormwater management measure, alternative removal rate, and/or alternative method to calculate the removal rate may be used if the design engineer demonstrates the capability of the proposed alternative stormwater management measure and/or the validity of the alternative rate or method to the municipality. A copy of any approved alternative stormwater management measure, alternative removal rate, and/or alternative method to calculate the removal rate shall be provided to the Department in accordance with §
19-1.6b. Alternative stormwater management measures may be used to satisfy the requirements at §
19-1.5o only if the measures meet the definition of green infrastructure at §
19-1.3. Alternative stormwater management measures that function in a similar manner to a BMP listed at §
19-1.5o2 are subject to the contributory drainage area limitation specified at §
19-1.5o2 for that similarly functioning BMP. Alternative stormwater management measures approved in accordance with this subsection that do not function in a similar manner to any BMP listed at §
19-1.5o2 shall have a contributory drainage area less than or equal to 2.5 acres, except for alternative stormwater management measures that function similarly to cisterns, grass swales, green roofs, standard constructed wetlands, vegetative filter strips, and wet ponds, which are not subject to a contributory drainage area limitation. Alternative measures that function similarly to standard constructed wetlands or wet ponds shall not be used for compliance with the stormwater runoff quality standard unless a variance in accordance with N.J.A.C. 7:8-4.6 or a waiver from strict compliance in accordance with §
19-1.5d is granted from §
19-1.5o.
h. Whenever the stormwater management design includes
one or more BMPs that will infiltrate stormwater into subsoil, the
design engineer shall assess the hydraulic impact on the groundwater
table and design the site so as to avoid adverse hydraulic impacts.
Potential adverse hydraulic impacts include, but are not limited to,
exacerbating a naturally or seasonally high water table, so as to
cause surficial ponding, flooding of basements, or interference with
the proper operation of subsurface sewage disposal systems or other
subsurface structures within the zone of influence of the groundwater
mound, or interference with the proper functioning of the stormwater
management measure itself.
i. Design standards for stormwater management measures
are as follows:
1. Stormwater management measures shall be designed
to take into account the existing site conditions, including, but
not limited to, environmentally critical areas; wetlands; flood-prone
areas; slopes; depth to seasonal high water table; soil type, permeability,
and texture; drainage area and drainage patterns; and the presence
of solution-prone carbonate rocks (limestone);
2. Stormwater management measures shall be designed to minimize maintenance, facilitate maintenance and repairs, and ensure proper functioning. Trash racks shall be installed at the intake to the outlet structure, as appropriate, and shall have parallel bars with one inch spacing between the bars to the elevation of the water quality design storm. For elevations higher than the water quality design storm, the parallel bars at the outlet structure shall be spaced no greater than one-third the width of the diameter of the orifice or one-third the width of the weir, with a minimum spacing between bars of one inch and a maximum spacing between bars of six inches. In addition, the design of trash racks must comply with the requirements of §
19-1.9c;
3. Stormwater management measures shall be designed,
constructed, and installed to be strong, durable, and corrosion resistant.
Measures that are consistent with the relevant portions of the Residential
Site Improvement Standards at N.J.A.C. 5:21-7.3, 7.4, and 7.5 shall
be deemed to meet this requirement;
4. Stormwater management BMPs shall be designed to meet the minimum safety standards for stormwater management BMPs at §
19-1.9; and
5. The size of the orifice at the intake to the outlet
from the stormwater management BMP shall be a minimum of 2 1/2
inches in diameter.
j. Manufactured treatment devices may be used to meet the requirements of this subchapter, provided the pollutant removal rates are verified by the New Jersey Corporation for Advanced Technology and certified by the Department. Manufactured treatment devices that do not meet the definition of green infrastructure at §
19-1.3 may be used only under the circumstances described at §
19-1.5o(4).
k. Any application for a new agricultural development that meets the definition of major development at §
19-1.3 shall be submitted to the Soil Conservation District for review and approval in accordance with the requirements at §
19-1.5o,
p,
q and
r and any applicable Soil Conservation District guidelines for stormwater runoff quantity and erosion control. For purposes of this subsection, "agricultural development" means land uses normally associated with the production of food, fiber, and livestock for sale. Such uses do not include the development of land for the processing or sale of food and the manufacture of agriculturally related products.
l. If there is more than one drainage area, the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at §
19-1.5p,
q and
r shall be met in each drainage area, unless the runoff from the drainage areas converge on site and no adverse environmental impact would occur as a result of compliance with any one or more of the individual standards being determined utilizing a weighted average of the results achieved for that individual standard across the affected drainage areas.
m. Any stormwater management measure authorized under the municipal stormwater management plan or ordinance shall be reflected in a deed notice recorded in the Monmouth County Clerk's Office. A form of deed notice shall be submitted to the to the municipality for approval prior to filing. The deed notice shall contain a description of the stormwater management measure(s) used to meet the green infrastructure, groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at §
19-1.5o,
p,
q and
r and shall identify the location of the stormwater management measure(s) in NAD 1983 State Plane New Jersey FIPS 2900 US Feet or Latitude and Longitude in decimal degrees. The deed notice shall also reference the maintenance plan required to be recorded upon the deed pursuant to §
19-1.11b(5). Prior to the commencement of construction, proof that the above required deed notice has been filed shall be submitted to the municipality. Proof that the required information has been recorded on the deed shall be in the form of either a copy of the complete recorded document or a receipt from the Clerk or other proof of recordation provided by the recording office. However, if the initial proof provided to the municipality is not a copy of the complete recorded document, a copy of the complete recorded document shall be provided to the municipality within 180 calendar days of the authorization granted by the municipality.
n. A stormwater management measure approved under the municipal stormwater management plan or ordinance may be altered or replaced with the approval of the municipality, if the municipality determines that the proposed alteration or replacement meets the design and performance standards pursuant to §
19-1.5 of this chapter and provides the same level of stormwater management as the previously approved stormwater management measure that is being altered or replaced. If an alteration or replacement is approved, a revised deed notice shall be submitted to the municipality for approval and subsequently recorded with the Monmouth County Clerk's Office and shall contain a description and location of the stormwater management measure, as well as reference to the maintenance plan, in accordance with Subsection
m above. Prior to the commencement of construction, proof that the above required deed notice has been filed shall be submitted to the municipality in accordance with Subsection
m above.
o. Green Infrastructure Standards.
1. This subsection specifies the types of green infrastructure
BMPs that may be used to satisfy the groundwater recharge, stormwater
runoff quality, and stormwater runoff quantity standards.
2. To satisfy the groundwater recharge and stormwater runoff quality standards at §
19-1.5p and
q, the design engineer shall utilize green infrastructure BMPs identified in Table 1 at §
19-1.5f and/or an alternative stormwater management measure approved in accordance with §
19-1.5g. The following green infrastructure BMPs are subject to the following maximum contributory drainage area limitations:
Best Management Practice
|
Maximum Contributory Drainage Area
|
---|
Dry well
|
1 acre
|
Manufactured treatment device
|
2.5 acres
|
Pervious pavement systems
|
Area of additional inflow cannot exceed three times the area
occupied by the BMP
|
Small-scale bioretention systems
|
2.5 acres
|
Small-scale infiltration basin
|
2.5 acres
|
Small-scale sand filter
|
2.5 acres
|
3. To satisfy the stormwater runoff quantity standards at §
19-1.5r, the design engineer shall utilize BMPs from Table 1 or from Table 2 and/or an alternative stormwater management measure approved in accordance with §
19-1.5g.
4. If a variance in accordance with N.J.A.C. 7:8-4.6 or a waiver from strict compliance in accordance with §
19-1.5d is granted from the requirements of this subsection, then BMPs from Table 1, 2, or 3, and/or an alternative stormwater management measure approved in accordance with §
19-1.5g may be used to meet the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at §
19-1.5p,
q and
r.
5. For separate or combined storm sewer improvement projects, such as sewer separation, undertaken by a government agency or public utility (for example, a sewerage company), the requirements of this subsection shall only apply to areas owned in fee simple by the government agency or utility, and areas within a right-of-way or easement held or controlled by the government agency or utility; the entity shall not be required to obtain additional property or property rights to fully satisfy the requirements of this subsection. Regardless of the amount of area of a separate or combined storm sewer improvement project subject to the green infrastructure requirements of this subsection, each project shall fully comply with the applicable groundwater recharge, stormwater runoff quality control, and stormwater runoff quantity standards at §
19-1.5p,
q and
r, unless the project is granted a waiver from strict compliance in accordance with §
19-1.5d.
p. Groundwater Recharge Standards.
1. This subsection contains the minimum design and
performance standards for groundwater recharge as follows:
2. The design engineer shall, using the assumptions and factors for stormwater runoff and groundwater recharge calculations at §
19-1.6, either:
(a)
Demonstrate through hydrologic and hydraulic
analysis that the site and its stormwater management measures maintain
100% of the average annual pre-construction groundwater recharge volume
for the site; or
(b)
Demonstrate through hydrologic and hydraulic
analysis that the increase of stormwater runoff volume from pre-construction
to post-construction for the two-year storm is infiltrated.
3. This groundwater recharge requirement does not apply to projects within the "urban redevelopment area," or to projects subject to Subsection
p4 below.
4. The following types of stormwater shall not be
recharged:
(a)
Stormwater from areas of high pollutant loading.
High pollutant loading areas are areas in industrial and commercial
developments where solvents and/or petroleum products are loaded/unloaded,
stored, or applied, areas where pesticides are loaded/unloaded or
stored; areas where hazardous materials are expected to be present
in greater than "reportable quantities" as defined by the United States
Environmental Protection Agency (EPA) at 40 CFR 302.4; areas where
recharge would be inconsistent with Department-approved remedial action
work plan or landfill closure plan and areas with high risks for spills
of toxic materials, such as gas stations and vehicle maintenance facilities;
and
(b)
Industrial stormwater exposed to "source material."
"Source material" means any material(s) or machinery, located at an
industrial facility, that is directly or indirectly related to process,
manufacturing or other industrial activities, which could be a source
of pollutants in any industrial stormwater discharge to groundwater.
Source materials include, but are not limited to, raw materials; intermediate
products; final products; waste materials; by-products; industrial
machinery and fuels, and lubricants, solvents, and detergents that
are related to process, manufacturing, or other industrial activities
that are exposed to stormwater.
q. Stormwater Runoff Quality Standards.
1. This subsection contains the minimum design and
performance standards to control stormwater runoff quality impacts
of major development. Stormwater runoff quality standards are applicable
when the major development results in an increase of one-quarter acre
or more of regulated motor vehicle surface.
2. Stormwater management measures shall be designed
to reduce the post-construction load of total suspended solids (TSS)
in stormwater runoff generated from the water quality design storm
as follows:
(a)
Eighty percent TSS removal of the anticipated
load expressed as an annual average shall be achieved for the stormwater
runoff from the net increase of motor vehicle surface.
(b)
If the surface is considered regulated motor
vehicle surface because the water quality treatment for an area of
motor vehicle surface that is currently receiving water quality treatment
either by vegetation or soil, by an existing stormwater management
measure, or by treatment at a wastewater treatment plant is to be
modified or removed, the project shall maintain or increase the existing
TSS removal of the anticipated load expressed as an annual average.
3. The requirement to reduce TSS does not apply to any stormwater runoff in a discharge regulated under a numeric effluent limitation for TSS imposed under the New Jersey Pollutant Discharge Elimination System (NJPDES) rules, N.J.A.C. 7:14A, or in a discharge specifically exempt under a NJPDES permit from this requirement. Every major development, including any that discharge into a combined sewer system, shall comply with Subsection
q2 above, unless the major development is itself subject to a NJPDES permit with a numeric effluent limitation for TSS or the NJPDES permit to which the major development is subject exempts the development from a numeric effluent limitation for TSS.
4. The water quality design storm is 1.25 inches of
rainfall in two hours. Water quality calculations shall consider the
distribution of rain from the water quality design storm, as reflected
in Table 4, below. The calculation of the volume of runoff may consider
the implementation of stormwater management measures.
Table 4 - Water Quality Design Storm Distribution
|
---|
Time
(minutes)
|
Cumulative Rainfall
(inches)
|
Time
(minutes)
|
Cumulative Rainfall
(inches)
|
Time
(minutes)
|
Cumulative Rainfall
(inches)
|
---|
1
|
0.00166
|
41
|
0.1728
|
81
|
1.0906
|
2
|
0.00332
|
42
|
0.1796
|
82
|
1.0972
|
3
|
0.00498
|
43
|
0.1864
|
83
|
1.1038
|
4
|
0.00664
|
44
|
0.1932
|
84
|
1.1104
|
5
|
0.00830
|
45
|
0.2000
|
85
|
1.1170
|
6
|
0.00996
|
46
|
0.2117
|
86
|
1.1236
|
7
|
0.01162
|
47
|
0.2233
|
87
|
1.1302
|
8
|
0.01328
|
48
|
0.2350
|
88
|
1.1368
|
9
|
0.01494
|
49
|
0.2466
|
89
|
1.1434
|
10
|
0.01660
|
50
|
0.2583
|
90
|
1.1500
|
11
|
0.01828
|
51
|
0.2783
|
91
|
1.1550
|
12
|
0.01996
|
52
|
0.2983
|
92
|
1.1600
|
13
|
0.02164
|
53
|
0.3183
|
93
|
1.1650
|
14
|
0.02332
|
54
|
0.3383
|
94
|
1.1700
|
15
|
0.02500
|
55
|
0.3583
|
95
|
1.1750
|
16
|
0.03000
|
56
|
0.4116
|
96
|
1.1800
|
17
|
0.03500
|
57
|
0.4650
|
97
|
1.1850
|
18
|
0.04000
|
58
|
0.5183
|
98
|
1.1900
|
19
|
0.04500
|
59
|
0.5717
|
99
|
1.1950
|
20
|
0.05000
|
60
|
0.6250
|
100
|
1.2000
|
21
|
0.05500
|
61
|
0.6783
|
101
|
1.2050
|
22
|
0.06000
|
62
|
0.7317
|
102
|
1.2100
|
23
|
0.06500
|
63
|
0.7850
|
103
|
1.2150
|
24
|
0.07000
|
64
|
0.8384
|
104
|
1.2200
|
25
|
0.07500
|
65
|
0.8917
|
105
|
1.2250
|
26
|
0.08000
|
66
|
0.9117
|
106
|
1.2267
|
27
|
0.08500
|
67
|
0.9317
|
107
|
1.2284
|
28
|
0.09000
|
68
|
0.9517
|
108
|
1.2300
|
29
|
0.09500
|
69
|
0.9717
|
109
|
1.2317
|
30
|
0.10000
|
70
|
0.9917
|
110
|
1.2334
|
31
|
0.10660
|
71
|
1.0034
|
111
|
1.2351
|
32
|
0.11320
|
72
|
1.0150
|
112
|
1.2367
|
33
|
0.11980
|
73
|
1.0267
|
113
|
1.2384
|
34
|
0.12640
|
74
|
1.0383
|
114
|
1.2400
|
35
|
0.13300
|
75
|
1.0500
|
115
|
1.2417
|
36
|
0.13960
|
76
|
1.0568
|
116
|
1.2434
|
37
|
0.14620
|
77
|
1.0636
|
117
|
1.2450
|
38
|
0.15280
|
78
|
1.0704
|
118
|
1.2467
|
39
|
0.15940
|
79
|
1.0772
|
119
|
1.2483
|
40
|
0.16600
|
80
|
1.0840
|
120
|
1.2500
|
5. If more than one BMP in series is necessary to
achieve the required 80% TSS reduction for a site, the applicant shall
utilize the following formula to calculate TSS reduction:
Where:
|
R
|
=
|
total TSS Percent Load Removal from application of both BMPs,
and
|
A
|
=
|
the TSS Percent Removal Rate applicable to the first BMP
|
B
|
=
|
the TSS Percent Removal Rate applicable to the second BMP.
|
6. Stormwater management measures shall also be designed to reduce, to the maximum extent feasible, the post-construction nutrient load of the anticipated load from the developed site in stormwater runoff generated from the water quality design storm. In achieving reduction of nutrients to the maximum extent feasible, the design of the site shall include green infrastructure BMPs that optimize nutrient removal while still achieving the performance standards in §
19-1.5p,
q and
r.
7. In accordance with the definition of FW1 at N.J.A.C.
7:9B-1.4, stormwater management measures shall be designed to prevent
any increase in stormwater runoff to waters classified as FW1.
8. The Flood Hazard Area Control Act Rules at N.J.A.C.
7:13-4.1(c) 1 establish 300-foot riparian zones along Category One
waters, as designated in the Surface Water Quality Standards at N.J.A.C.
7:9B, and certain upstream tributaries to Category One waters. A person
shall not undertake a major development that is located within or
discharges into a 300-foot riparian zone without prior authorization
from the Department under N.J.A.C. 7:13.
9. Pursuant to the Flood Hazard Area Control Act Rules
at N.J.A.C. 7:13-11.2(j)3.i, runoff from the water quality design
storm that is discharged within a 300-foot riparian zone shall be
treated in accordance with this subsection to reduce the post-construction
load of total suspended solids by 95% of the anticipated load from
the developed site, expressed as an annual average.
10. These stormwater runoff quality standards do
not apply to the construction of one individual single-family dwelling,
provided that it is not part of a larger development or subdivision
that has received preliminary or final site plan approval prior to
December 3, 2018, and that the motor vehicle surfaces are made of
permeable material(s) such as gravel, dirt, and/or shells.
r. Stormwater Runoff Quantity Standards.
1. This subsection contains the minimum design and
performance standards to control stormwater runoff quantity impacts
of major development.
2. In order to control stormwater runoff quantity impacts, the design engineer shall, using the assumptions and factors for stormwater runoff calculations at §
19-1.6, complete one of the following:
(a)
Demonstrate through hydrologic and hydraulic
analysis that for stormwater leaving the site, post-construction runoff
hydrographs for the two-, ten-, and 100-year storm events do not exceed,
at any point in time, the pre-construction runoff hydrographs for
the same storm events;
(b)
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 two-, ten- and 100-year storm events 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;
(c)
Design stormwater management measures so that
the post-construction peak runoff rates for the two-, ten- and 100-year
storm events are 50%, 75% and 80%, 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
(d)
In tidal flood hazard areas, stormwater runoff quantity analysis in accordance with Subsection
r2(a),
(b) and
(c) above is required unless the design engineer demonstrates through hydrologic and hydraulic analysis that the increased volume, change in timing, or increased rate of the stormwater runoff, or any combination of the three will not result in additional flood damage below the point of discharge of the major development. No analysis is required if the stormwater is discharged directly into any ocean, bay, inlet, or the reach of any watercourse between its confluence with an ocean, bay, or inlet and downstream of the first water control structure.
3. The stormwater runoff quantity standards shall
be applied at the site's boundary to each abutting lot, roadway, watercourse,
or receiving storm sewer system.
[Ord. No. 2006-76; Ord. No. 2021-296, 2-25-2021]
a. Stormwater runoff shall be calculated in accordance
with the following:
1. The design engineer shall calculate runoff using
one of the following methods:
(a)
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. 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 or at United States Department of Agriculture Natural Resources Conservation Service, 220 Davison Avenue, Somerset, New Jersey 08873; or
(b)
The Rational Method for peak flow and the Modified
Rational Method for hydrograph computations. The rational and modified
rational methods are described in "Appendix A-9 Modified Rational
Method" in the Standards for Soil Erosion and Sediment Control in
New Jersey, January 2014. This document is available from the State
Soil Conservation Committee or any of the Soil Conservation Districts
listed at N.J.A.C. 2:90-1.3(a)3. The location, address, and telephone
number for each Soil Conservation District is available from the State
Soil Conservation Committee, PO Box 330, Trenton, New Jersey 08625.
The document is also available at: http://www.nj.gov/agriculture/divisions/anr/pdf/2014NJSoilErosionCont
rolStandardsComplete.pdf.
2. For the purpose of calculating runoff coefficients 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 "runoff coefficient" applies to both the NRCS methodology above at §
19-1.6a1(a) and the Rational and Modified Rational Methods at §
19-1.6a1(b). A runoff coefficient 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).
3. In computing pre-construction stormwater runoff,
the design engineer shall account for all significant land features
and structures, such as ponds, wetlands, depressions, hedgerows, or
culverts, that may reduce pre-construction stormwater runoff rates
and volumes.
4. In computing stormwater runoff from all design
storms, the design engineer shall consider the relative stormwater
runoff rates and/or volumes of pervious and impervious surfaces separately
to accurately compute the rates and volume of stormwater runoff from
the site. To calculate runoff from unconnected impervious cover, urban
impervious area modifications as described in the NRCS Technical Release
55, Urban Hydrology for Small Watersheds, or other methods may be
employed.
5. If the invert of the outlet structure of a stormwater
management measure is below the flood hazard design flood elevation
as defined at N.J.A.C. 7:13, the design engineer shall consider the
effects of tailwater in the design of structural stormwater management
measures.
b. Groundwater recharge may be calculated in accordance
with the following: The New Jersey Geological Survey Report GSR-32,
A Method for Evaluating Groundwater-Recharge Areas in New Jersey,
incorporated herein by reference as amended and supplemented. Information
regarding the methodology is available from the New Jersey Stormwater
Best Management Practices Manual; at the New Jersey Geological Survey
website at: https://www.nj.gov/dep/njgs/pricelst/gsreport/gsr32.pdf
or at New Jersey Geological and Water Survey, 29 Arctic Parkway, PO
Box 420 Mail Code 29-01, Trenton, New Jersey 08625-0420.
[Ord. No. 2006-76; Ord. No. 2021-296, 2-25-2021]
a. Technical guidance for stormwater management measures
can be found in the documents listed below, which are available to
download from the Department's website at: http://www.nj.gov/dep/stormwater/bmp_manual2.htm.
1. Guidelines for stormwater management measures are
contained in the New Jersey Stormwater Best Management Practices Manual,
as amended and supplemented. Information is provided on stormwater
management measures such as, but not limited to, those listed in Tables
1, 2, and 3.
2. Additional maintenance guidance is available on
the Department's website at: https://www.njstormwater.org/maintenance_guidance.htm.
b. Submissions required for review by the Department
should be mailed to: The Division of Water Quality, New Jersey Department
of Environmental Protection, Mail Code 401-02B, PO Box 420, Trenton,
New Jersey 08625-0420.
[Ord. No. 2021-296, 2-25-2021]
a. Site design features identified under §
19-1.5f above, or alternative designs in accordance with §
19-1.5g above, to prevent discharge of trash and debris from drainage systems shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets. For purposes of this paragraph, "solid and floatable materials" means sediment, debris, trash, and other floating, suspended, or settleable solids. For exemptions to this standard see §
19-1.8a2 below.
1. Grates.
(a)
Design engineers shall use one of the following
grates whenever they use a grate in pavement or another ground surface
to collect stormwater from that surface into a storm drain or surface
water body under that grate:
(1)
The New Jersey Department of Transportation
(NJDOT) bicycle safe grate, which is described in Chapter 2.4 of the
NJDOT Bicycle Compatible Roadways and Bikeways Planning and Design
Guidelines; or
(2)
A different grate, if each individual clear
space in that grate has an area of no more than seven square inches
or is no greater than 0.5 inches across the smallest dimension.
(b)
Examples of grates subject to this standard include
grates in grate inlets, the grate portion (non-curb-opening portion)
of combination inlets, grates on storm sewer manholes, ditch grates,
trench grates, and grates of spacer bars in slotted drains. Examples
of ground surfaces include surfaces of roads (including bridges),
driveways, parking areas, bikeways, plazas, sidewalks, lawns, fields,
open channels, and stormwater system floors used to collect stormwater
from the surface into a storm drain or surface water body.
(c)
For curb-opening inlets, including curb-opening
inlets in combination inlets, the clear space in that curb opening,
or each individual clear space if the curb opening has two or more
clear spaces, shall have an area of no more than seven square inches,
or be no greater than two inches across the smallest dimension.
2. The standard in Subsection
a1 above does not apply:
(a)
Where each individual clear space in the curb
opening in existing curb-opening inlet does not have an area of more
than nine square inches;
(b)
Where the municipality agrees that the standards
would cause inadequate hydraulic performance that could not practicably
be overcome by using additional or larger storm drain inlets;
(c)
Where flows from the water quality design storm
as specified in N.J.A.C. 7:8 are conveyed through any device (e.g.,
end of pipe netting facility, manufactured treatment device, or a
catch basin hood) that is designed, at a minimum, to prevent delivery
of all solid and floatable materials that could not pass through one
of the following:
(1)
A rectangular space 4.625 inches long and
1.5 inches wide (this option does not apply for outfall netting facilities);
or
(2)
A bar screen having a bar spacing of 0.5
inches.
(d)
Note that these exemptions do not authorize any
infringement of requirements in the Residential Site Improvement Standards
for bicycle safe grates in new residential development (N.J.A.C. 5:21-4.18(b)2
and 7.4(b)1).
(e)
Where flows are conveyed through a trash rack
that has parallel bars with one-inch spacing between the bars, to
the elevation of the water quality design storm as specified in N.J.A.C.
7:8; or
(f)
Where the New Jersey Department of Environmental
Protection determines, pursuant to the New Jersey Register of Historic
Places Rules at N.J.A.C. 7:4-7.2(c), that action to meet this standard
is an undertaking that constitutes an encroachment or will damage
or destroy the New Jersey Register listed historic property.
[Ord. No. 2006-76; Ord. No. 2021-296, 2-25-2021]
a. This section sets forth requirements to protect
public safety through the proper design and operation of stormwater
management BMPs. This section applies to any new stormwater management
BMP.
b. The provisions of this section are not intended to preempt more stringent municipal or county safety requirements for new or existing stormwater management BMPs. Municipal and county stormwater management plans and ordinances may, pursuant to their authority, require existing stormwater management BMPs to be retrofitted to meet one or more of the safety standards in §
19-1.9c1,
2, and
3 for trash racks, overflow grates, and escape provisions at outlet structures.
c. Requirements for Trash Racks, Overflow Grates and
Escape Provisions.
1. A trash rack is a device designed to catch trash
and debris and prevent the clogging of outlet structures. Trash racks
shall be installed at the intake to the outlet from the stormwater
management BMP to ensure proper functioning of the BMP outlets in
accordance with the following:
(a)
The trash rack shall have parallel bars, with
no greater than six-inch spacing between the bars;
(b)
The trash rack shall be designed so as not to
adversely affect the hydraulic performance of the outlet pipe or structure;
(c)
The average velocity of flow through a clean
trash rack is not to exceed 2.5 feet per second under the full range
of stage and discharge. Velocity is to be computed on the basis of
the net area of opening through the rack; and
(d)
The trash rack shall be constructed of rigid,
durable, and corrosion-resistant material and designed to withstand
a perpendicular live loading of 300 pounds per square foot.
2. An overflow grate is designed to prevent obstruction
of the overflow structure. If an outlet structure has an overflow
grate, such grate shall meet the following requirements:
(a)
The overflow grate shall be secured to the outlet
structure but removable for emergencies and maintenance.
(b)
The overflow grate spacing shall be no less than
two inches across the smallest dimension.
(c)
The overflow grate shall be constructed and installed
to be rigid, durable, and corrosion-resistant, and shall be designed
to withstand a perpendicular live loading of 300 pounds per square
foot.
3. Stormwater management BMPs shall include escape
provisions as follows:
(a)
If a stormwater management BMP has an outlet structure, escape provisions shall be incorporated in or on the structure. Escape provisions include the installation of permanent ladders, steps, rungs, or other features that provide easily accessible means of egress from stormwater management BMPs. With the prior approval of the municipality pursuant to §
19-1.9c,
a freestanding outlet structure may be exempted from this requirement;
(b)
Safety ledges shall be constructed on the slopes of all new stormwater management BMPs having a permanent pool of water deeper than 2 1/2 feet. Safety ledges shall be comprised of two steps. Each step shall be four to six feet in width. One step shall be located approximately 2 1/2 feet below the permanent water surface, and the second step shall be located one to 1 1/2 feet above the permanent water surface. See §
19-1.9e for an illustration of safety ledges in a stormwater management BMP; and
(c)
In new stormwater management BMPs, the maximum
interior slope for an earthen dam, embankment, or berm shall not be
steeper than three horizontal to one vertical.
d. Variance or Exemption from Safety Standard. A variance
or exemption from the safety standards for stormwater management BMPs
may be granted only upon a written finding by the municipality that
the variance or exemption will not constitute a threat to public safety
a threat to public safety.
e. Safety Ledge Illustration.
[Ord. No. 2006-76; Ord. No. 2006-86; Ord.
No. 2021-296, 2-25-2021]
a. Submission of Site Development Stormwater Plan.
1. Whenever an applicant seeks municipal approval of a development subject to this chapter, the applicant shall submit all of the required components of the Checklist for the Site Development Stormwater Plan at §
19-1.10c below as part of the submission of the application for approval.
2. The applicant shall demonstrate that the project
meets the standards set forth in this chapter.
3. The applicant shall submit 15 copies of the materials listed in the checklist for site development stormwater plans in accordance with §
19-1.10c of this chapter.
b. Site Development Stormwater Plan Approval. The applicant's
site development project shall be reviewed as a part of the review
process by the municipal board or official from which municipal approval
is sought. That municipal board or official shall consult the municipality's
review engineer to determine if all of the checklist requirements
have been satisfied and to determine if the project meets the standards
set forth in this chapter.
c. Submission of Site Development Stormwater Plan.
The following information shall be required:
1. Topographic Base Map. The reviewing engineer may
require upstream tributary drainage system information as necessary.
It is recommended that the topographic base map of the site be submitted
which extends a minimum of 200 feet beyond the limits of the proposed
development, at a scale of one inch equals 200 feet or greater, showing
two-foot contour intervals. The map as appropriate may indicate the
following: existing surface water drainage, shorelines, steep slopes,
soils, erodible soils, perennial or intermittent streams that drain
into or upstream of the Category One waters, wetlands and floodplains
along with their appropriate buffer strips, marshlands and other wetlands,
pervious or vegetative surfaces, existing man-made structures, roads,
bearing and distances of property lines, and significant natural and
man-made features not otherwise shown.
2. Environmental Site Analysis. A written and graphic
description of the natural and man-made features of the site and its
surroundings should be submitted. This description should include
a discussion of soil conditions, slopes, wetlands, waterways and vegetation
on the site. Particular attention should be given to unique, unusual,
or environmentally sensitive features and to those that provide particular
opportunities or constraints for development.
3. Project Description and Site Plans. A map (or maps)
at the scale of the topographical base map indicating the location
of existing and proposed buildings roads, parking areas, utilities,
structural facilities for stormwater management and sediment control,
and other permanent structures. The map(s) shall also clearly show
areas where alterations will occur in the natural terrain and cover,
including lawns and other landscaping, and seasonal high groundwater
elevations. A written description of the site plan and justification
for proposed changes in natural conditions shall also be provided.
4. Land Use Planning and Source Control Plan. This plan shall provide a demonstration of how the goals and standards of §§
19-1.4 through
19-1.6 are being met. The focus of this plan shall be to describe how the site is being developed to meet the objective of controlling groundwater recharge, stormwater quality and stormwater quantity problems at the source by land management and source controls whenever possible.
5. Stormwater Management Facilities Map. The following
information, illustrated on a map of the same scale as the topographic
base map, shall be included:
(a)
Total area to be disturbed, paved or built upon,
proposed surface contours, land area to be occupied by the stormwater
management facilities and the type of vegetation thereon, and details
of the proposed plan to control and dispose of stormwater.
(b)
Details of all stormwater management facility
designs, during and after construction, including discharge provisions,
discharge capacity for each outlet at different levels of detention
and emergency spillway provisions with maximum discharge capacity
of each spillway.
6. Calculations.
(a)
Comprehensive hydrologic and hydraulic design calculations for the pre-development and post-development conditions for the design storms specified in §
19-1.5 of this chapter.
(b)
When the proposed stormwater management control
measures depend on the hydrologic properties of soils or require certain
separation from the seasonal high-water table, then a soils report
shall be submitted. The soils report shall be based on on-site boring
logs or soil pit profiles. The number and location of required soil
borings or soil pits shall be determined based on what is needed to
determine the suitability and distribution of soils present at the
location of the control measure.
7. Maintenance and Repair Plan. The design and planning of the stormwater management facility shall meet the maintenance requirements of §
19-1.11.
8. Waiver from Submission Requirements. The municipal official or board reviewing an application under this chapter may, in consultation with the municipality's review engineer, waive submission of any of the requirements in §
19-1.10c1 through
6 of this chapter when it can be demonstrated that the information requested is impossible to obtain or it would create a hardship on the applicant to obtain and its absence will not materially affect the review process.
[Ord. No. 2006-76; Ord. No. 2006-86; Ord.
No. 2021-296, 2-25-2021]
a. Applicability. Projects subject to review as in §
19-1.2c of this chapter shall comply with the requirements of §
19-1.11b and
c.
b. General Maintenance.
1. The design engineer shall prepare a maintenance
plan for the stormwater management measures incorporated into the
design of a major development.
2. The maintenance plan shall contain specific preventative maintenance tasks and schedules; cost estimates, including estimated cost of sediment, debris, or trash removal; and the name, address, and telephone number of the person or persons responsible for preventative and corrective maintenance (including replacement). The plan shall contain information on BMP location, design, ownership, maintenance tasks and frequencies, and other details as specified in Chapter
8 of the NJ BMP Manual, as well as the tasks specific to the type of BMP, as described in the applicable chapter containing design specifics.
3. If the maintenance plan identifies a person other
than the property owner (for example, a developer, a public agency
or homeowners' association) as having the responsibility for maintenance,
the plan shall include documentation of such person's or entity's
agreement to assume this responsibility, or of the owner's obligation
to dedicate a stormwater management facility to such person under
an applicable ordinance or regulation.
4. Responsibility for maintenance shall not be assigned
or transferred to the owner or tenant of an individual property in
a residential development or project, unless such owner or tenant
owns or leases the entire residential development or project. The
individual property owner may be assigned incidental tasks, such as
weeding of a green infrastructure BMP, provided the individual agrees
to assume these tasks; however, the individual cannot be legally responsible
for all of the maintenance required.
5. If the party responsible for maintenance identified under §
19-1.11b3 above is not a public agency, the maintenance plan and any future revisions based on §
19-1.11b7 below shall be recorded upon the deed of record for each property on which the maintenance described in the maintenance plan must be undertaken.
6. Preventative and corrective maintenance shall be
performed to maintain the functional parameters (storage volume, infiltration
rates, inflow/outflow capacity, etc.), of the stormwater management
measure, including, but not limited to, repairs or replacement to
the structure; removal of sediment, debris, or trash; restoration
of eroded areas; snow and ice removal; fence repair or replacement;
restoration of vegetation; and repair or replacement of non-vegetated
linings.
7. The party responsible for maintenance identified under §
19-1.11b3 above shall perform all of the following requirements:
(a)
Maintain a detailed log of all preventative and
corrective maintenance for the structural stormwater management measures
incorporated into the design of the development, including a record
of all inspections and copies of all maintenance-related work orders;
(b)
Evaluate the effectiveness of the maintenance
plan at least once per year and adjust the plan and the deed as needed;
and
(c)
Retain and make available, upon request by any public entity with administrative, health, environmental, or safety authority over the site, the maintenance plan and the documentation required by §
19-1.11b6 and
7 above.
8. The requirements of §
19-1.11b3 and
4 do not apply to stormwater management facilities that are dedicated to and accepted by the municipality or another governmental agency, subject to all applicable municipal stormwater general permit conditions, as issued by the Department, https://www.njstormwater.org/maintenance_guidance.htm.
9. In the event that the stormwater management facility
becomes a danger to public safety or public health, or if it is in
need of maintenance or repair, the municipality shall so notify the
responsible person in writing. Upon receipt of that notice, the responsible
person shall have 14 days to effect maintenance and repair of the
facility in a manner that is approved by the municipal engineer or
his designee. The municipality, in its discretion, may extend the
time allowed for effecting maintenance and repair for good cause.
If the responsible person fails or refuses to perform such maintenance
and repair, the municipality or County may immediately proceed to
do so and shall bill the cost thereof to the responsible person. Nonpayment
of such bill may result in a lien on the property.
c. Nothing in this subsection shall preclude the municipality
in which the major development is located from requiring the posting
of a performance or maintenance guarantee in accordance with N.J.S.A.
40:55D-53.
[Ord. No. 2006-76; Ord. No. 2006-86; Ord.
No. 2021-296, 2-25-2021]
a. Any person(s) who erects, constructs, alters, repairs,
converts, maintains, or uses any building, structure, or land in violation
of this chapter shall be subject to the following penalties:
1. Any person who violates any provision of this chapter
shall, upon conviction thereof in Municipal Court, be punishable by
imposition of a fine not less than $100 nor more than $2,000.
2. Each instance of engaging in a separate regulated
activity in violation of this chapter shall be deemed a separate offense.
3. In addition, the Borough may institute civil action
for injunctive or other relief to enforce the provisions of this chapter.