Township of East Amwell, NJ
Hunterdon County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee of the Township of East Amwell 8-17-2006 by Ord. No. 06-19.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Brush, grass and weeds — See Ch. 58.
Uniform construction codes — See Ch. 66.
Flood damage prevention — See Ch. 81.
Historic preservation — See Ch. 86.
Land management — See Ch. 92.
Littering — See Ch. 97.
Soil erosion and sediment control — See Ch. 117.
Soil protection — See Ch. 118.
Streets and sidewalks — See Ch. 123.
Holding tanks — See Ch. 159.
Individual sewage disposal systems — See Ch. 171.
Water supply — See Ch. 176.
[1]
Editor's Note: This ordinance repealed former Ch. 122, Stormwater Management, adopted 3-23-2006 by Ord. No. 06-06.

§ 122-1 Scope and purpose.

A. 
Policy statement.
(1) 
The United States Environmental Protection Agency (EPA) has mandated that all states enact regulations to address the negative impacts of stormwater runoff on the nation's streams and water resources. The State of New Jersey adopted new stormwater management rules (N.J.A.C. 7:8) at the direction of the EPA. Under these state regulations, all municipalities in the state must implement these stormwater management rules through local ordinance(s) by April 2006. This chapter is intended to implement these rules.
(2) 
Stormwater management is the process of minimizing stormwater runoff and directing stormwater runoff to appropriate nonstructural and structural stormwater management measures so as to control flooding, recharge groundwater and reduce pollution of water resources. Transport of stormwater-related pollutants into local surface and groundwaters can result in: the destruction of fish, wildlife, and habitats; threats to public health due to contaminated food and drinking water supplies; and losses of recreational and aesthetic values. Stormwater management shall occur with the understanding and acceptance of stormwater as a resource; low-impact and nonstructural measures shall be tailored to a site and applied wherever and to the extent feasible.
B. 
Purpose. The purpose of this chapter is to establish minimum stormwater management requirements and controls for major development and to reduce the amount of nonpoint source pollution entering surface and groundwaters. This chapter guides new development in a manner that is proactive and minimizes harmful impacts to natural resources. Specifically, this chapter shall:
(1) 
Reduce flood damage to protect public health, life and property;
(2) 
Minimize increased stormwater runoff rates and volumes;
(3) 
Minimize the deterioration of existing structures that would result from increased rates of stormwater runoff;
(4) 
Induce water recharge into the ground wherever suitable infiltration, soil permeability, and favorable geological conditions exist;
(5) 
Prevent an increase in nonpoint source pollution;
(6) 
Maintain the integrity and stability of stream channels and buffers for their ecological functions, as well as for drainage, the conveyance of floodwater, and other purposes;
(7) 
Control and minimize soil erosion and the transport of sediment;
(8) 
Minimize public safety hazards at any stormwater detention facility constructed pursuant to subdivision or site plan approval;
(9) 
Maintain adequate base-flow and natural flow regimes in all streams and other surface water bodies to protect the aquatic ecosystem;
(10) 
Protect all surface water resources from degradation;
(11) 
Protect groundwater resources from degradation and diminution; and
(12) 
Ensure that any additional 1/4 acre of impervious surface, complies with this chapter, as required by East Amwell Township's Tier B NJPDES permit.
C. 
Applicability.
(1) 
This chapter shall be applicable to site plans and subdivisions, considered individually and/or cumulatively, as of the date of adoption of this chapter, for the following major developments:
(a) 
Nonresidential major developments.
(b) 
Aspects of residential major developments that are not preempted by the Residential Site Improvement Standards (RSIS) at N.J.A.C. 5:21.
(c) 
Any agricultural or horticultural development that meets the definition of "major development" under N.J.A.C. 7:8.
(2) 
This chapter shall also be applicable to all major developments undertaken by East Amwell Township and Hunterdon County.
D. 
Compatibility with other permit and ordinance requirements. Development approvals issued for subdivisions and site plans pursuant to this chapter are to be considered an integral part of development approvals under the subdivision and site plan review process and do not relieve the applicant of the responsibility to secure required permits or approvals for activities regulated by any other applicable statute, 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. This chapter shall be construed to assure consistency with the requirements of New Jersey laws, and acts amendatory thereof or supplementary thereto, applicable implementing regulations, and any existing or future municipal NJPDES permits and any amendments or revisions thereto or reissuance thereof. 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.

§ 122-2 Definitions.

Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the meaning they have in common usage and to give this chapter its most reasonable application with the objective of managing stormwater. 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 and other state sources.
AGRICULTURAL OR HORTICULTURAL DEVELOPMENT
Construction and/or 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 manufacturing of agriculturally related products.
BEST MANAGEMENT PRACTICES (BMP)
New Jersey Stormwater Best Management Practices Manual," adopted by the New Jersey Department of Environmental Protection (Department) originally in February 2004, as updated and revised. Consult www.njstormwater.org for this manual and other pertinent information.
CATEGORY ONE WATERS OR C-1 WATERS
Those waters designated in the tables in N.J.A.C. 7:9B-1.15(c) through (h), for purposes of implementing the antidegradation policies set forth in N.J.A.C. 7:9B-1.5(d), for protection from measurable changes in water quality characteristics because of their clarity, color, scenic setting, other characteristics of aesthetic value, exceptional ecological significance, exceptional recreational significance, exceptional water supply significance, or exceptional fisheries resource(s). As per N.J.A.C. 7:8-5.5, a three-hundred-foot special water resource protection area (buffer) is required on each side of all waters designated as C-1, measured perpendicular to the waterway from the top of bank outwards or from the center line of the waterway, where the bank is not defined, consisting of existing vegetation or vegetation allowed to follow natural succession.
COMPACTION
The increase in soil bulk density.
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 Freeholders to review municipal stormwater management plans and implementing ordinance(s). The County review agency may either be: 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 New Jersey Department of Environmental Protection.
DESIGNATED CENTER
A State Development and Redevelopment Plan Center as designated by the State Planning Commission such as urban, regional, Town, village, or hamlet.
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.
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, by any person, 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 lands, "development" means any activity that requires a state permit; any activity reviewed by the County Agricultural Development Board (CADB) and the State Agriculture 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
Any activity including the clearing, excavating, storing, grading, filling or transportation of soil or any other activity that causes soil to be exposed to the danger of erosion.
DRAINAGE AREA
A geographic area within which stormwater, sediments, or dissolved materials drain to a particular receiving water body or to a particular point along a receiving water body.
ENVIRONMENTALLY CRITICAL AREAS
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 Non-game Species Program.
EROSION
The detachment and movement of soil or rock fragments by water, wind, ice or gravity.
GROUNDWATER
A body of water below the surface of the land, in a zone of saturation where the spaces between the soil or geological materials are fully saturated with water.
HUC-14
A watershed as defined by the United States Geological Survey with a fourteen-digit identifier; a subwatershed.
IMPERVIOUS SURFACE
A surface that has been compacted or covered with a layer of material so that it is highly resistant to infiltration by water. Impervious surfaces include roofs; and roads, parking lots, drives, sidewalks and patios that are constructed of asphalt, concrete, gravel and/or stone.
INFILTRATION
The process by which water seeps into the soil from precipitation.
MAJOR DEVELOPMENT
Any development that provides for ultimately disturbing one or more acres of land or that increases impervious surface by 1/4 acre or more. (Note: "major development" for purposes of this chapter is not identical to the definitions in the Municipal Land Use Law or local zoning ordinances; see also § 92-4 of the Code of East Amwell Township).
MAXIMUM EXTENT FEASIBLE
Compliance with the specific objective to the greatest extent possible taking into account equitable considerations and competing factors, including but not limited to, environmental benefits, pollutant removal effectiveness, regulatory compliance, ability to implement given site-specific environmental conditions, cost and technical or engineering feasibility.
MUNICIPALITY
Any City, Borough, Town, Township, or Village.
NODE
An area designated by the State Planning Commission concentrating facilities and activities that are not organized in a compact form.
NONSTRUCTURAL STORMWATER MANAGEMENT TECHNIQUES
Techniques that control or reduce stormwater runoff in the absence of stormwater structures (e.g., basins and piped conveyances), such as minimizing site disturbance, preserving important site features including, but not limited to, natural vegetation, reducing and disconnecting impervious surface, minimizing slopes, utilizing native vegetation, minimizing turf grass lawns, increasing time of concentration and maintaining and enhancing natural drainage features and characteristics.
NUTRIENT
A chemical substance and/or compound, such as nitrate or phosphate, organic materials, etc., which is essential to and promotes the development of organisms.
PERSON
Any individual(s), corporation, company, partnership, firm, association, East Amwell Township, county, or political subdivision of this state subject to municipal jurisdiction pursuant to the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.
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 substances [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, residential, and construction waste or runoff, or other residue discharged directly or indirectly to the land, groundwaters 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, i.e., evaporated or transpired.
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.
SOLID AND FLOATABLE MATERIALS
Sediment, debris, trash, and other floating or suspended solids.
SPECIAL RESOURCE WATERS
Water bodies receiving special protections due to their drinking water status or role as high-quality habitat for threatened and endangered species or species of commercial or recreational importance. This includes waterways so designated through the New Jersey Stormwater Management Rules (N.J.A.C. 7:8) because of exceptional ecological significance, exceptional water supply significance, exceptional recreational significance, exceptional shellfish resource, or exceptional fisheries resource. Waters so designated are protected by a three-hundred-foot buffer extending on either side of the waterway measured perpendicular from top-of-bank or center of channel for waterways lacking a defined top-of-bank; see Definition of "Category One" and "C-1 waters."
STATE PLAN POLICY MAP
The geographic application of the State Development and Redevelopment Plan's goals and state-wide 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 COORDINATOR
The person(s) designated by the governing body to review all development applications for compliance with federal, state and local stormwater control and stormwater management requirements. Usually, the Municipal Engineer will be designated as the Stormwater Coordinator.
STORMWATER MANAGEMENT BASIN
An excavation or embankment and related areas designed to retain stormwater runoff. A stormwater management basin may either be normally dry (that is, a detention basin or infiltration basin), retain water in a permanent pool (a retention basin), or be planted mainly with wetland vegetation (most constructed stormwater wetlands).
STORMWATER MANAGEMENT MEASURE
Any structural or nonstructural strategy, 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 RUNOFF
Stormwater flow on the surface or in storm sewers, resulting from precipitation.
STRUCTURAL STORMWATER TECHNIQUES
A stormwater management measure that involves control of concentrated stormwater runoff or infiltration such as stormwater basins, piped conveyance systems and manufactured stormwater devices, and can include various types of basins, filters, surfaces, and devices located on individual lots in a residential development or throughout a commercial, industrial, or institutional development site in areas not typically suited for larger, centralized structural facilities.
SUSPENDED SOLIDS or SS
All material carried by water that is not dissolved in it or gross matter floating on it, and "total suspended solids" or "TSS" are the measure of all such suspended solids.
THREATENED AND/OR ENDANGERED SPECIES
Those species whose prospects for survival in New Jersey are in immediate danger because of a loss or change in habitat, overexploitation, predation, competition, disease, disturbance or contamination. Assistance is needed to prevent extinction in New Jersey and those who may become endangered, if habitats begin to, or continue to, deteriorate. This definition includes protection of habitats of these species.
TOTAL SUSPENDED SOLIDS or TSS
See definition of "suspended solids".
VEGETATION and/or VEGETATED BUFFER
Plant life and plant cover in soil. However, lawns are not permitted as vegetated cover for buffers because of excess runoff and potential for pollution from fertilizer and other lawn care products. A suggested list of native and noninvasive species appropriate for use for purposes of this chapter, is attached as Appendix A.[1] This list is not exclusive.
WATERS OF THE STATE
The ocean and its estuaries, all springs, streams, wetlands, and bodies of surface water 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."
[1]
Edito's Note: Appendix A is on file in the Township offices.

§ 122-3 Design and performance standards for stormwater management measures.

A. 
Stormwater management measures for all major developments that ultimately disturb one or more acres of land shall be developed to meet the erosion control standards, groundwater recharge standards, stormwater runoff quantity standards, and stormwater runoff quality standards in § 122-4. Major residential developments that increase impervious surface by 1/4 acre or more but do not ultimately disturb one or more acres of land must develop stormwater management measures to meet the stormwater runoff quantity standards in § 122-4. To the maximum extent feasible, these standards shall be met by incorporating nonstructural stormwater management strategies into the design. If these strategies alone are not sufficient to meet these standards, structural stormwater management measures necessary to meet these standards shall be incorporated into the design, along with the feasible nonstructural strategies.
B. 
These standards apply only to new major development after February 2, 2004, and are intended to minimize the impact of stormwater runoff on quality and quantity of water in receiving water bodies and to maintain groundwater recharge.
C. 
These 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.

§ 122-4 Stormwater management requirements.

A. 
The development shall incorporate a maintenance plan for the stormwater management measures incorporated into the design of a major development in accordance with § 122-10.
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 muhlnebergi (bog turtle).
C. 
The following linear development projects are exempt from the groundwater recharge, stormwater runoff quantity, and the stormwater runoff quality requirements of Subsections F and G(4).
(1) 
The construction of an underground utility line provided that the disturbed areas are revegetated upon completion, in accordance with the suggested list, attached as Appendix A[1];
[1]
Editor's Note: Appendix A is on file in the Township offices.
(2) 
The construction of an aboveground utility line provided that the existing conditions are maintained to the maximum extent feasible; and
(3) 
The construction of a public pedestrian access, such as a sidewalk or trail with a maximum width of eight feet provided that the access is made of permeable material.
D. 
A waiver by the Planning Board, upon recommendation by the Stormwater Coordinator, from strict compliance from the applicable groundwater recharge, stormwater runoff quantity, and stormwater runoff quality requirements of Subsections F and G 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 alternatives analysis, that through the use of nonstructural and structural stormwater management strategies and measures, the option selected complies with the requirements of Subsections F and G to the maximum extent feasible;
(3) 
The applicant demonstrates that, in order to meet the requirements of Subsections F and G 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 purchase or condemnation lands not falling under Subsection D(3) above within the upstream drainage area of the receiving stream, that would provide additional opportunities to mitigate the requirements of Subsections F and G that were not achievable onsite.
E. 
Nonstructural stormwater management strategies.
(1) 
To the maximum extent feasible the standards in Subsections F and G shall be met by incorporating nonstructural stormwater management strategies set forth at Subsection E into the design. The applicant shall identify the nonstructural measures incorporated into the design of the project by preparation of the NJDEP Nonstructural Strategies point System (NSPS) spreadsheet and, if further review of proposed nonstructural measures is necessary, the preparation of the NJDEP Low-Impact Checklist. If the applicant contends that it is not feasible for engineering, environmental, or safety reasons to incorporate any nonstructural stormwater management measures identified in Subsection E(2) below into the design of a particular project, the applicant shall identify the strategy considered and provide a basis for the contention, subject to approval by the Stormwater Coordinator. The applicant bears the burden of proving any lack of feasibility.
(2) 
Nonstructural stormwater management strategies incorporated into site design shall:
(a) 
Protect areas that provide water quality benefits or areas particularly susceptible to erosion and sediment loss,
(b) 
Minimize impervious surfaces and break up or disconnect the flow of runoff over impervious surfaces,
(c) 
Maximize the protection of natural drainage features and noninvasive vegetation,
(d) 
Minimize the decrease in the time of concentration from preconstruction to postconstruction. "Time of concentration" is defined as the time it takes for runoff to travel from the hydraulically most distant point of the watershed to the point of interest within a watershed;
(e) 
Minimize land disturbance including clearing and grading,
(f) 
Minimize soil compaction,
(g) 
Provide low-maintenance landscaping that encourages retention and planting of native vegetation and minimizes the use of lawns, fertilizers, and pesticides,
(h) 
Provide vegetated open-channel conveyance systems discharging into and through stable vegetated areas,
(i) 
Provide other source controls to prevent or minimize the use or exposure of pollutants at the site, in order to prevent or minimize the release of those pollutants into stormwater runoff. Such source controls can include, but are not limited to:
[1] 
Site design features that help to prevent accumulation of trash and debris in drainage systems, including features that satisfy Subsection E(3) below;
[2] 
Site design features that help to prevent discharge of trash and debris from drainage systems;
[3] 
Site design features that help to prevent and/or contain spills or other harmful accumulations of pollutants at industrial or commercial developments; and
[4] 
When establishing vegetation after land disturbance, the application of fertilizer in accordance with the requirements established under the Soil Erosion and Sediment Control Act, N.J.S.A. 4:24-39 et seq., soil tests must be conducted on site to determine the type and quantity of fertilizer required,
(3) 
Site design features identified under Subsection E(2)(i)[2] above shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets. For exemptions to this standard see Subsection E(3)(c) below.
(a) 
Grates.
[1] 
Design engineers shall use either of the following grates to collect stormwater from a surface into a storm drain or surface water body under that grate:
[a] 
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 (April 1996), as amended; or
[b] 
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.
[2] 
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 basin floors.
(b) 
Whenever design engineers use a curb-opening inlet, 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.
(c) 
This standard does not apply:
[1] 
Where the Planning Board, with the recommendation of the Stormwater Coordinator, determines that this standard would cause inadequate hydraulic performance that could not feasibly be corrected by using additional or larger storm drain inlets that meet these standards;
[2] 
Where flows from the water quality design storm as specified in Subsection G(1) 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:
[a] 
A rectangular space four and five-eighths inches long and 1 1/2 inches wide (this option does not apply for outfall netting facilities); or
[b] 
A bar screen having a bar spacing of 0.5 inches;
[3] 
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 Subsection G(1); or
[4] 
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 National and/or New Jersey Register listed historic property or district, within the meaning of the "Historic Places Rules."
(4) 
Any land area used as a nonstructural stormwater management measure to meet the performance standards in Subsections F and G shall be dedicated to a government entity/agency, subjected to a conservation restriction filed with the appropriate County Clerk's office, or subject to an approved equivalent restriction that ensures that the measure, or an equivalent stormwater management measure, approved by the Stormwater Coordinator, is maintained in perpetuity. The approved form to be used as a conservation restriction is attached as Appendix B,[2] as approved by the Township Attorney, and amended from time to time, as needed. To the greatest extent feasible, nonstructural stormwater management strategies shall be used and shall comply with those listed in the New Jersey Stormwater Best Management Practices Manual. The BMP Manual may be obtained from the address identified in § 122-7 or found on the Department's website at www.njstormwater.org.
[2]
Editor's Note: Appendix B is on file in the Township offices.
F. 
Erosion control, groundwater recharge and runoff quantity standards.
(1) 
This subsection contains minimum design and performance standards to control erosion, encourage and control infiltration and groundwater recharge, and control stormwater runoff quantity impacts of all major development that ultimately disturb one or more acres of land. Major residential developments that increase impervious surface by 1/4 acre or more, but do not ultimately disturb one or more acres of land, must only meet the minimum design and performance standards to control stormwater runoff quantity impacts in this subsection.
(a) 
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 implementing rules.
(b) 
The minimum design and performance standards for groundwater recharge are as follows:
[1] 
The design engineer and Stormwater Coordinator shall, using the assumptions and factors for stormwater runoff and groundwater recharge calculations at § 122-5, either:
[a] 
Demonstrate through hydrologic and hydraulic analysis that the site and its stormwater management measures maintain 100% of the average annual preconstruction groundwater recharge volume for the site; or
[b] 
Demonstrate through hydrologic and hydraulic analysis that the increase of stormwater runoff volume from preconstruction to postconstruction for the two-year storm is infiltrated.
[2] 
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, as amended; 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, byproducts, industrial machinery and fuels, and lubricants, solvents, and detergents that are related to process, manufacturing, or other industrial activities that are exposed to stormwater.
[3] 
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 surface ponding, flooding of basements, or interference with the proper operation of subsurface sewage disposal systems and other subsurface structures in the vicinity or down gradient of the groundwater recharge area.
(c) 
In order to control stormwater runoff quantity impacts, the design engineer shall, using the assumptions and factors for stormwater runoff calculations at § 122-5, complete one of the following:
[1] 
Demonstrate through hydrologic and hydraulic analysis that for stormwater leaving the site, postconstruction runoff hydrographs for the two-, ten-, and one-hundred-year storm events do not exceed, at any point in time, the preconstruction runoff hydrographs for the same storm events,
[2] 
Demonstrate through hydrologic and hydraulic analysis that there is no increase, as compared to the predevelopment condition, in the peak runoff rates of stormwater leaving the site for the two-, ten-, and one-hundred-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, or
[3] 
Design stormwater management measures so that the postconstruction peak runoff rates for the two-, ten-, and one-hundred-year storm events are 50, 75 and 80%, respectively, of the predevelopment peak runoff rates. The percentages apply only to the postconstruction stormwater runoff that is attributable to the portion of the site on which the proposed development or project is to be constructed. The percentages shall not be applied to postconstruction stormwater runoff into tidal flood hazard areas if the increased volume of stormwater runoff will not increase flood damages below the point of discharge.
(2) 
Any application for a new agricultural development that meets the definition of major development at § 122-2 shall be submitted to the Hunterdon County Soil Conservation District for review and approval, in accordance with the requirements of this section and any applicable Soil Conservation District guidelines for stormwater runoff quantity and erosion control. For the purposes of this section, "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 manufacturing of agriculturally related products.
G. 
Stormwater runoff quality standards.
(1) 
Stormwater management measures shall be designed to reduce the postconstruction load of total suspended solids (TSS) in stormwater runoff by 80% of the anticipated load from the developed site, expressed as an annual average. Stormwater management measures for water quality control shall only be required at nonresidential major development sites that create 1/4 acre or more of additional impervious surface and residential major development sites that both create 1/4 acre or more of additional impervious surface and ultimately disturb one or more acres of land. 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 Pollution Discharge Elimination System (NJPDES) rules, N.J.A.C. 7:14A, or in a discharge specifically exempt under a NJPDES permit from this requirement. The water quality design storm is 1.25 inches of rainfall in two hours. Water quality calculations shall take into account the distribution of rain from the water quality design storm, as reflected in Table 1. The calculation of the volume of runoff may take into account the implementation of nonstructural and structural stormwater management measures
Table 1: Water Quality Design Storm Distribution
Time
(minutes)
Cumulative Rainfall
(inches)
Time
(minutes)
Cumulative Rainfall
(inches)
0
0.0000
65
0.8917
5
0.0083
70
0.9917
10
0.0166
75
1.0500
15
0.0250
80
1.0840
20
0.0500
85
1.1170
25
0.0750
90
1.1500
30
0.1000
95
1.1750
35
0.1330
100
1.2000
40
0.1660
105
1.2250
45
0.2000
110
1.2334
50
0.2583
115
1.2417
55
0.3583
120
1.2500
60
0.6250
(2) 
For purposes of TSS reduction calculations, Table 2 below presents the presumed removal rates for certain BMP designed in accordance with the New Jersey Stormwater Best Management Practices Manual. The BMP Manual may be obtained from the address identified in § 122-7; or found on the Department's website at www.njstormwater.org. The BMP Manual and other sources of technical guidance are listed in § 122-7. TSS reduction shall be calculated based on the removal rates for the BMP in Table 2 below. Alternative removal rates and methods of calculating removal rates may be used if the design engineer provides documentation demonstrating the capability of these alternative rates and methods to the review agency. A copy of any approved alternative rate or method of calculating the removal rate shall be provided to the Department at the following address: Division of Watershed Management, New Jersey Department of Environmental Protection, PO Box 418, Trenton, New Jersey 08625-0418.
(3) 
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:
R
=
A + B-(AXB)/100
Where
R
=
Total TSS percent load removal from application of both BMP
A
=
The TSS percent removal rate applicable to the first BMP
B
=
The TSS percent removal rate applicable to the second BMP
Table 2: TSS Removal Rates for BMP
Best Management Practice
TSS Percent Removal Rate
Bioretention systems
90
Constructed stormwater wetland
90
Extended detention basin
40-60
Infiltration structure
80
Manufactured treatment device
See § 122-6C
Sand filter
80
Vegetative filter strip
60-80
Wet pond
50-90
(4) 
If there is more than one on-site drainage area, the 80% TSS removal rate shall apply to each drainage area, unless the runoff from the subareas converge on site in which case the removal rate can be demonstrated through a calculation using a weighted average.
(5) 
Stormwater management measures shall also be designed to reduce, to the maximum extent feasible, the postconstruction 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 nonstructural strategies and structural measures that optimize nutrient removal while still achieving the performance standards in Subsections F and G.
(6) 
Developers shall comply with the New Jersey Stormwater Best Management Practices Manual, which may be obtained from the address identified in § 122-7, or www.njstormwater.org. For development projects where differing standards may apply, the stricter requirement shall be followed.
(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) 
Special water resource protection areas shall be established along all waters designated Category One at N.J.A.C. 7:9B, and perennial or intermittent streams that drain into or upstream of the Category One waters as shown on the USGS Quadrangle Maps or in the County Soil Surveys, within the associated HUC14 drainage area. These areas shall be established for the protection of water quality, aesthetic value, exceptional ecological significance, exceptional recreational significance, exceptional water supply significance, and exceptional fisheries significance of those established Category One waters. These areas shall be designated and protected as follows:
(a) 
The applicant shall preserve and maintain a special water resource protection area in accordance with one of the following:
[1] 
A three-hundred-foot special water resource protection area shall be provided on each side of the waterway, measured perpendicular to the waterway from the top of the bank outwards or from the center line of the waterway where the bank is not defined, consisting of existing vegetation or vegetation allowed to follow natural succession is provided.
[2] 
Encroachment within the designated special water resource protection area under Subsection G(8)(a)[1] above shall only be allowed with the approval of the Stormwater Coordinator, where previous development or disturbance has occurred. The encroachment shall only be allowed where applicant demonstrates that the functional value and overall condition of the special water resource protection area will be maintained to the maximum extent feasible. In no case shall the remaining special water resource protection area be reduced to less than 150 feet as measured perpendicular to the top of bank of the waterway or center line of the waterway where the bank is undefined. All encroachments proposed under this subparagraph shall be subject to review and approval by the Department.
(b) 
All stormwater shall be discharged outside of, and flow through, the special water resource protection area and shall comply with the Standard for Off-Site Stability in the "Standards For Soil Erosion and Sediment Control in New Jersey," established under the Soil Erosion and Sediment Control Act, N.J.S.A. 4:24-39 et seq., as amended.
(c) 
If stormwater discharged outside of and flowing through the special water resource protection area cannot comply with the Standard for Off-Site Stability in the "Standards for Soil Erosion and Sediment Control in New Jersey" established under the Soil Erosion and Sediment Control Act, N.J.S.A. 4:24-39 et seq., then the stabilization measures in accordance with the requirements of the above standards may be placed within the special water resource protection area, provided that:
[1] 
Stabilization measures shall not be placed within 150 feet of the Category One waterway;
[2] 
Stormwater associated with discharges allowed by this section shall achieve a 95% TSS postconstruction removal rate;
[3] 
Temperature shall be addressed to ensure no impact on the receiving waterway;
[4] 
The encroachment shall only be allowed where the applicant demonstrates that the functional value and overall condition of the special water resource protection area will be maintained to the maximum extent feasible;
[5] 
A conceptual project design meeting shall be held with the appropriate Department staff and Hunterdon County Soil Conservation District staff to identify necessary stabilization measures; and
[6] 
All encroachments proposed under this section shall be subject to review and approval by the Department, prior to local approval(s).
(d) 
A stream corridor protection plan may be developed by a regional stormwater management planning committee as an element of a regional stormwater management plan, or by East Amwell Township through an adopted municipal stormwater management plan. If a stream corridor protection plan for a waterway subject to Subsection G(8) has been approved by the Department, then the provisions of the plan shall be the applicable special water resource protection area requirements for that waterway. A stream corridor protection plan for a waterway subject to Subsection G(8) shall maintain or enhance the current functional value and overall condition of the special water resource protection area as defined in Subsection G(8)(a)[1] above. In no case shall a stream corridor protection plan allow the reduction of the special water resource protection area to less than 150 feet as measured perpendicular to the waterway, subject to this subsection.
(e) 
Subsection G(8) does not apply to the construction of one individual single-family dwelling that is not part of a larger development on a lot receiving preliminary or final subdivision approval on or before February 2, 2004, provided that the construction begins on or before February 2, 2009.

§ 122-5 Calculation of stormwater runoff and groundwater recharge.

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 the NRCS National Engineering Handbook Section 4 — Hydrology and Technical Release 55 — Urban Hydrology for Small Watersheds; or
(b) 
The Rational Method for peak flow and the Modified Rational Method for hydrograph computations.
(2) 
For the purpose of calculating runoff coefficients and groundwater recharge, there is a presumption that the pre-development 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 at Subsection A(1)(a) and the Rational and Modified Rational Methods at Subsection A(1)(b).
(3) 
In computing predevelopment 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 predevelopment 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 and other methods may be employed.
(5) 
In computing stormwater runoff rates, volumes, and/or hydrographs, appropriate runoff coefficients for gravel surfaces shall be used as referenced in this section.
B. 
Groundwater recharge may be calculated in accordance with the following:
(1) 
The New Jersey Geological Survey Report GSR-32 A Method for Evaluating Ground-Water 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 http://www.state.nj.us/dep/njgs/; or at New Jersey Geological Survey, 29 Arctic Parkway, P.O. Box 427, Trenton, New Jersey 08625-0427; (609) 984-6587.
(2) 
In computing groundwater recharge and/or runoff volumes, appropriate coefficients for gravel surfaces shall be used as referenced in this section.

§ 122-6 Standards for structural stormwater management measures.

A. 
Standards for structural stormwater management measures are as follows:
(1) 
Structural stormwater management measures shall be designed to take into account the existing site conditions, including, for example, environmentally critical areas, wetlands; flood-prone areas; slopes; depth to seasonal high water table; soil type, permeability and texture; drainage area and drainage patterns.
(2) 
Structural 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 1/3 the width of the diameter of the orifice or 1/3 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 § 122-8B.
(3) 
Structural stormwater management measures shall be designed, sequenced, 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, as revised, shall be deemed to meet this requirement.
(4) 
At the intake to the outlet from the stormwater management basin, the orifice size shall be a minimum of 2 1/2 inches in diameter.
(5) 
Stormwater management basins shall be designed to meet the minimum safety standards for stormwater management basins at § 122-8.
(6) 
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 take into account the effects of tail water in the design of structural stormwater management measures.
B. 
Stormwater management measure guidelines are available in the New Jersey Stormwater Best Management Practices Manual. Other stormwater management measures may be utilized, provided the design engineer demonstrates that the proposed measure and its design will accomplish the required water quantity, groundwater recharge and water quality design and performance standards established by § 122-4 of this chapter.
C. 
Manufactured treatment devices may be used to meet the requirements of § 122-4 of this chapter, only when recommended by the Stormwater Coordinator, provided the pollutant removal rates are verified by the New Jersey Corporation for Advanced Technology and certified by the Department. Manufactured treatment devices may be used only where the maintenance plan required by § 122-10 ensures that the manufactured device will be properly maintained for its functional lifespan and will be replaced as needed with management measures that are at least as effective as the original manufactured treatment device working in accordance with manufacturers' specifications.

§ 122-7 Sources for technical guidance.

A. 
Technical guidance for stormwater management measures can be found in the documents listed at Subsection A(1) and (2) below, which are available from Maps and Publications, New Jersey Department of Environmental Protection, 428 East State Street, P.O. Box 420, Trenton, New Jersey, 08625; telephone (609) 777-1038 and at www.njstormwater.org.
(1) 
Guidelines for stormwater management measures are contained in the New Jersey Stormwater Best Management Practices Manual, as amended. Information is provided on stormwater management measures such as: bioretention systems, constructed stormwater wetlands, dry wells, extended detention basins, infiltration structures, manufactured treatment devices, pervious paving, sand filters, vegetative filter strips, and wet ponds.
(2) 
The New Jersey Department of Environmental Protection Stormwater Management Facilities Maintenance Manual, as amended.
B. 
Additional technical guidance for stormwater management measures can be obtained from the following:
(1) 
The "Standards for Soil Erosion and Sediment Control in New Jersey" promulgated by the State Soil Conservation Committee and incorporated into N.J.A.C. 2:90, as amended. Copies of these standards may be obtained by contacting the State Soil Conservation Committee or any of the Soil Conservation Districts listed in N.J.A.C. 2:90-1.3 a 4. The location, address, and telephone number of each Soil Conservation District may be obtained from the State Soil Conservation Committee, P.O. Box 330, Trenton, New Jersey 08625; (609) 292-5540.
(2) 
The Rutgers Cooperative Extension Service, 732-932-9306.
(3) 
The Hunterdon County Soil Conservation District listed in N.J.A.C. 2:90-1.3(a)4 as follows: 687 Pittstown Road, Suite #1, Frenchtown, NJ 08825, (908) 788-9466. The location, address, and telephone number of each Soil Conservation District may also be obtained from the State Soil Conservation Committee, P.O. Box 330, Trenton, New Jersey, 08625, (609) 292-5540.
(4) 
New Jersey Stormwater Best Management Practices Manual, and in the NJDEP Ocean County Demonstration Study, Stormwater Management Facilities Maintenance Manual (June 1989), both as amended, available from NJDEP.

§ 122-8 Safety standards for stormwater management basins.

A. 
This section sets forth requirements to protect public safety through the proper design and operation of stormwater management basins. This section applies to any new stormwater management basin.
B. 
Requirements for trash racks, overflow grates and escape provisions.
(1) 
A trash rack is a device designed to catch runoff-borne 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 basin to ensure proper functioning of the basin outlets in accordance with the following:
(a) 
The trash rack shall be constructed primarily of bars aligned in the direction of flow with a maximum bar spacing of approximately 1/2 the diameter or width of the hydraulic opening it is protecting. Transverse bars aligned perpendicular to flow should be sized and spaced as necessary for rack stability and strength.
(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 based on the net area of opening through the rack.
(d) 
The trash rack 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.
(2) 
An overflow grate is designed to prevent obstruction of the opening in the top 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 be 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) 
For purposes of this Subsection B(3), escape provisions means the permanent installation of ladders, steps, rungs, or other features that provide easily accessible means of egress from stormwater management basins. Stormwater management basins shall include escape provisions as follows:
(a) 
If a stormwater management basin has an outlet structure, escape provisions shall be incorporated in or on the structure. With the prior approval of the reviewing agency identified in Subsection C a freestanding outlet structure may be exempted from this requirement.
(b) 
Safety ledges shall be constructed on the slopes of all new stormwater management basins having a permanent pool of water deeper than 2 1/2 feet. Such 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 Subsection D for an illustration of safety ledges in a stormwater management basin.
(c) 
In new stormwater management basins, the maximum interior slope for an earthen dam, embankment, or berm shall not be steeper than three horizontal to one vertical.
(d) 
An emergency drawdown method for detention basins is required where the permanent pool will be more than two and 1/2 feet deep. This drawdown method must consider downstream or off-site stability at the outfall in accordance with the Standards for Soil Erosion and Sediment Control in New Jersey.
C. 
Variance or exemption from safety standards. A variance or exemption from the safety standards for stormwater management basins may be granted only upon a written finding by the appropriate reviewing agency (municipality, county or Department) that the variance or exemption will not constitute a threat to public safety.
D. 
Illustration of safety ledges in a new stormwater management basin.

§ 122-9 Requirements for site development stormwater plan.

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 submission requirements for the site development stormwater plan at Subsection C below as part of the submission of the applicant's application for subdivision or site plan approval.
(2) 
The applicant shall demonstrate in the submission requirements that the project meets the standards set forth in this chapter.
(3) 
The applicant shall submit three copies of the documents listed in the submission requirements checklist for site development stormwater plans in accordance with § 122-9C of this chapter.
B. 
Site development stormwater plan approval. The applicant's site development stormwater plan shall be reviewed as a part of the subdivision or site plan review process and by the Stormwater Coordinator. The Stormwater Coordinator shall determine if all of the checklist requirements have been satisfied and if the project meets the standards set forth in this chapter.
C. 
Submission requirements. The following information shall be required:
(1) 
Existing conditions topographic base map. The reviewing engineer and/or Stormwater Coordinator may require upstream tributary drainage system information as necessary. It is recommended that the map of the site be submitted which extends a minimum of 300 feet beyond the limits of the proposed development, at an appropriate scale, no less than one inch equals 200 feet or greater, showing two-foot contour intervals. The map, as appropriate, shall 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, bearings 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 environs shall be submitted. This description should include a discussion of soil conditions, slopes, wetlands, wetlands buffer, transition areas, 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 plan(s). A map (or maps) at an appropriate scale, no less than one inch equals 200 feet of the existing conditions/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 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 of proposed changes in natural conditions may also be provided.
(4) 
Stormwater site planning and design summary plan. This plan shall provide a demonstration of how the goals and standards of §§ 122-3 through 122-6 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. Refer to East Amwell's Municipal Stormwater Management Plan, as amended, for additional requirements.
(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 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 § 122-4 of this chapter, shall be provided to the Stormwater Coordinator.
(b) 
When the proposed stormwater management control measures (e.g., infiltration basins) depend on the hydrologic properties of soils, a soils report shall be submitted. This 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. The municipality, through its Municipal Clerk and Stormwater Coordinator, shall be notified of site investigation activities and given the opportunity to have a witness, either prior to approval or as a condition of approval, as appropriate for the specific type of measure. Subsequent to approval of the major development, postconstruction bulk soil density and infiltration testing shall be required for all infiltration measures that were used as justification for meeting the recharge standard, to ensure that they were properly constructed.
(7) 
Maintenance and repair plan. The design and planning of the stormwater management facility shall meet the maintenance requirements of § 122-10 and be approved by the Municipal Stormwater Coordinator.

§ 122-10 Maintenance and repair.

A. 
Applicability. Projects subject to review as in § 122-1C of this chapter shall comply with the requirements of Subsections B 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 subject to review and approval of the Stormwater Coordinator. This plan shall be separate from all other documents, in a format suitable for recording in the County Clerk's Office and designed for ongoing use by the site owners or operators in performing and documenting maintenance and repair, and by the municipality in ensuring implementation of the maintenance plan. The final maintenance plan shall be updated and provided to the municipality postconstruction to include an evaluation based on the specifications of the initial maintenance plan and as-built conditions.
(2) 
The maintenance plan shall contain specific preventive maintenance tasks and schedules; cost estimates, including estimated cost of sediment, debris, or trash removal and disposal; safety needs; identification of methods and disposal sites for materials removed during maintenance; maintenance requirements for created wetlands and other ecological systems; safety devices and systems; warranty and operational standards from the manufacturers of any manufactured treatment devices (See § 122-6C); and the name, address, and telephone number of the person or persons responsible for preventive and corrective maintenance (including replacement), using maintenance guidelines for stormwater management measures from sources listed in § 122-7, the Municipal Stormwater Management Plan, Municipal Stormwater Pollution Prevention Plan and any relevant regional stormwater management plan. If the maintenance plan identifies a person other than the developer (for example, a public agency or homeowners' association) as having the responsibility for continuing maintenance, the plan shall include documentation of such person's agreement to assume this responsibility, or of the developer's obligation to dedicate a stormwater management facility to such person under an applicable ordinance or regulation.
(3) 
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.
(4) 
If the person responsible for maintenance identified under Subsection B(2) above is not a public agency, the maintenance plan and any future revisions based on Subsection B(7) below shall be recorded upon the deed of record for each property on which the maintenance described in the maintenance plan must be undertaken.
(5) 
Preventative and corrective maintenance shall be performed to maintain the function of the stormwater management measure, including 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 nonvegetated linings.
(6) 
The person responsible for maintenance identified under Subsection B(2) above shall 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.
(7) 
The person responsible for maintenance identified under Subsection B(2) above shall evaluate the effectiveness of the maintenance plan at least once per year and adjust the plan and the deed as needed. Such person shall report his findings to the Municipal Clerk annually, by February 1 of the following year.
(8) 
The person responsible for maintenance identified under Subsection B(2) above shall retain, submit annually to the municipality by February 1 of the following year, 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 Subsection B(6) and (7) above.
(9) 
The requirements of Subsection B(3) and (4) do not apply to stormwater management facilities that are dedicated to and accepted by the municipality or another governmental agency. In the event that any stormwater control structure is not dedicated to the Township, the developer shall post a two-year maintenance guarantee in accordance with N.J.S.A. 40:55D-53, and provide any other maintenance measures as required by the Township, to ensure proper maintenance and functioning of the system. Guidelines are available from NJDEP; see § 122-7B(4).
(10) 
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, or if the annual report is not received by February 1 of the following year, 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 Stormwater Coordinator 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.
C. 
Nothing in this section shall preclude the municipality in which the major development is located from requiring the posting of a performance or maintenance guarantee, or a sinking fund, in accordance with N.J.S.A. 40:55D-53.
D. 
The maintenance plan shall specifically provide a specific municipal right of access for inspection of measures, and for maintenance.

§ 122-11 Violations and penalties.

A. 
Any person who erects, constructs, alters, repairs, converts, maintains, or uses any building, structure or land in violation of this chapter shall be subject to any one, or any multiple, of the following penalties:
(1) 
Stop-work notice to be issued by the Stormwater Coordinator.
(2) 
Restoration of all damage or disturbance.
(3) 
Payment for any restoration performed by others, including the Township.
(4) 
Fine in the amount of $100 per day for each day the violation continues.
(5) 
Imprisonment for a term not to exceed 90 days.
(6) 
Community service for a term not to exceed 90 days.
B. 
The Zoning Officer shall be considered the Enforcement Officer for this chapter.

§ 122-12 When effective.

This chapter shall take effect immediately upon the approval by the Township Committee and the county review agency, or 60 days from the receipt of the ordinance by the County Review Agency if the County Review Agency should fail to act.