Borough of Westville, NJ
Gloucester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Westville 2-13-2007 by Ord. No. 1-07. Amendments noted where applicable.]
GENERAL REFERENCES
Flood damage prevention — See Ch. 180.
Land use and development — See Ch. 205.
Site plan review — See Ch. 298.
Storm sewer connections — See Ch. 324.
Discharge of water, snow and ice — See Ch. 336, Art. I.
Water — See Ch. 387.

§ 330-1 Scope and purpose.

A. 
Purpose.
(1) 
It is hereby determined that:
(a) 
Land development projects and associated disturbance of vegetation and soil and changes in land cover, including increases in impervious cover, alter the hydrologic response of local watersheds and increase stormwater runoff rates and volumes. If inadequately or improperly managed, this stormwater runoff can deplete groundwater resources and increase flooding, stream channel erosion, and sediment transport and deposition.
(b) 
This stormwater runoff contributes to increased quantities of waterborne pollutants.
(c) 
Increases of stormwater runoff, soil erosion and nonpoint source pollutants have occurred in the past as a result of land development and contribute to the degradation of the water resources of the Borough of Westville.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(d) 
The Borough of Westville's natural resources are to be protected in accordance with New Jersey's Stormwater Management Rules at N.J.A.C. 7:8-1.1 et seq. and New Jersey's surface water quality antidegradation policies contained in the New Jersey Surface Water Quality Standards at N.J.A.C. 7:9B-1.1 et seq. Permitted uses shall maintain the ecological character and quality of the Borough of Westville, including good water quality and natural rates and volumes of flow.
(e) 
Increased stormwater rates and volumes and the sediments and pollutants associated with stormwater runoff from future development projects within the Borough of Westville have the potential to adversely affect the Borough of Westville's streams and water resources and the streams and water resources of downstream municipalities.
(f) 
Stormwater runoff, soil erosion and nonpoint source pollution can be controlled and minimized through the regulation of stormwater runoff from development sites.
(g) 
It is in the public interest to regulate the discharge of stormwater runoff from major development projects, as defined in § 330-7 of this chapter, conducted within the Borough of Westville, as provided in this chapter, in order to control and minimize increases in stormwater runoff rates and volumes, to maintain groundwater recharge, and to control and minimize soil erosion, stream channel erosion and nonpoint source pollution associated with stormwater runoff.
(2) 
Therefore, it is the purpose of this chapter to establish minimum stormwater management requirements and controls for major development, consistent with the statewide stormwater requirements at N.J.A.C. 7:8 and the provisions of the adopted Master Plan and land use ordinances of the Borough of Westville.
B. 
Goals and techniques.
(1) 
Through this chapter, the Borough of Westville has established the following goals for stormwater control:
(a) 
To reduce flood damage, including damage to life and property;
(b) 
To minimize any increase in stormwater runoff from new development;
(c) 
To reduce soil erosion from any development or construction project;
(d) 
To assure the adequacy of existing and proposed culverts and bridges and other in-stream structures;
(e) 
To maintain groundwater recharge;
(f) 
To minimize any increase in nonpoint pollution;
(g) 
To maintain the integrity of stream channels for their biological functions, as well as for drainage;
(h) 
To restore, protect, maintain and enhance the quality of the streams and water resources and the ecological character and quality of the Borough of Westville;
(i) 
To minimize pollutants in stormwater runoff from new and existing development in order to restore, protect, enhance and maintain the chemical, physical and biological integrity of the surface and groundwaters of the Borough of Westville, to protect public health and to enhance the domestic, municipal, recreational, industrial and other uses of water; and
(j) 
To protect public safety through the proper design and operation of stormwater management basins.
(2) 
In order to achieve the goals for stormwater control set forth in this chapter, the Borough of Westville has identified the following management techniques:
(a) 
Implementation of multiple stormwater management best management practices (BMPs) may be necessary to achieve the performance standards for stormwater runoff quantity and rate, groundwater recharge, erosion control, and stormwater runoff quality established through this chapter.
(b) 
Compliance with the stormwater runoff quantity and rate, groundwater recharge, erosion control, and stormwater runoff quality standards established through N.J.A.C. 7:8-1.1 et seq., and this chapter, shall be accomplished, to the maximum extent practicable, through the use of nonstructural BMPs before relying on structural BMPs. Nonstructural BMPs are also known as "low-impact development (LID) techniques."
(c) 
Nonstructural BMPs shall include both environmentally sensitive site design and source controls that prevent pollutants from being placed on the site or from being exposed to stormwater.
(d) 
Source control plans shall be developed based upon physical site conditions and the origin, nature and the anticipated quantity or amount of potential pollutants.
(e) 
Structural BMPs, where necessary, shall be integrated with nonstructural stormwater management strategies and proper maintenance plans.
(f) 
When using structural BMPs, multiple stormwater management measures, smaller in size and distributed spatially throughout the land development site, shall be used wherever possible to achieve the performance standards for water quality, quantity and groundwater recharge established through this chapter before relying on a single, larger stormwater management measure to achieve these performance standards.
C. 
Applicability.
(1) 
This chapter shall be applicable to all site plans and subdivisions for the following major developments that require preliminary or final site plan or subdivision review:
(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 municipality.
D. 
Procedures. In addition to other development review procedures set forth in the Code of the Borough of Westville, major developments located within the Borough of Westville shall comply with the stormwater management requirements and specifications set forth in this chapter. New agricultural development that meets the definition of "major development" in § 330-7 of this chapter shall be submitted to the appropriate soil conservation district for review and approval in accordance with the requirements of N.J.A.C. 7:8-5.4(b).[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
E. 
Compatibility with other permit and ordinance requirements.
(1) 
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 ordinance, code, rule, regulation, statute, act or other provision of law.
(2) 
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 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 or stringent provisions or higher standards shall control.
(3) 
In the event that a regional stormwater management plan(s) is prepared and formally adopted pursuant to N.J.A.C. 7:8-1.1 et seq., for any drainage area(s) or watershed(s) of which the Borough of Westville is a part, the stormwater provisions of such a plan(s) shall be adopted by the Borough of Westville within one year of the adoption of a regional stormwater management plan (RSWMP) as an amendment to an areawide water quality management plan.[3]
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 330-2 Site development stormwater plans.

A. 
Submission of site development stormwater plan.
(1) 
Whenever an applicant seeks municipal approval of a site development that is subject to this chapter, the applicant shall submit all of the required components of the checklist for the site development stormwater plan at Subsection C below as part of the applicant's application for subdivision or site plan approval. Any and all existing stormwater-related checklist items are hereby superseded by this chapter. These required components are in addition to any other non-stormwater-related information required under any provisions of Chapter 205, Land Use and Development, of the Code of the Borough of Westville.
(2) 
The applicant shall demonstrate that the site development project meets the standards set forth in this chapter.
(3) 
The applicant shall submit three copies of the materials listed in the checklist for site development stormwater plans in accordance with Subsection C of this section.
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 by the municipal board or official from whom municipal approval is sought. That municipal board or official shall consult the engineer retained by the Land Use Board (as appropriate) 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. 
Checklist requirements. Any application for approval of a major development shall include at least the following information:
(1) 
Topographic base map. The applicant shall submit a topographic base map of the site 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 shall indicate the following: existing surface water drainage, shorelines, steep slopes, soils, highly erodible soils, perennial or intermittent streams that drain into or upstream of any Category One waters, wetlands and floodplains, along with their appropriate buffer strips, marshlands and other wetlands, pervious or vegetative surfaces, existing surface and subsurface human-made structures, roads, bearing and distances of property lines, and significant natural and man-made features not otherwise shown. The Borough of Westville may require upstream tributary drainage system information as necessary.
(2) 
Environmental site analysis. The applicant shall submit a written description along with the drawings of the natural and human-made features of the site and its environs. This description should include:
(a) 
A discussion of environmentally critical areas, 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 for or constraints on development; and
(b) 
Detailed soil and other environmental conditions on the portion of the site proposed for installation of any stormwater BMPs, including, at a minimum, a soils report based on on-site soil tests; locations and spot elevations in plan view of test pits and permeability tests; permeability test data and calculations; and any other required soil data (e.g., mounding analyses results) correlated with location and elevation of each test site; cross section of the proposed stormwater BMP with side-by-side depiction of soil profile drawn to scale and seasonal high-water table elevation identified; and any other information necessary to demonstrate the suitability of the specific proposed structural and nonstructural stormwater management measures relative to the environmental conditions on the portion(s) of the site proposed for implementation of those measures.
(3) 
Project description and site plan(s). The applicant shall submit 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.
(a) 
The applicant shall submit a detailed land use planning and source control plan which provides a description of how the site will be developed to meet the erosion control, groundwater recharge and stormwater runoff quantity and quality standards at § 330-4 through use of nonstructural or low-impact development techniques and source controls to the maximum extent practicable before relying on structural BMPs. The land use planning and source control plan shall include a detailed narrative and associated illustrative maps and/or plans that specifically address how each of the following nine nonstructural strategies identified in Subchapter 5 of the NJDEP Stormwater Management Rules (N.J.A.C. 7:8-5) and set forth below (Subsection C(4)(a)[1] through [9]) will be implemented to the maximum extent practicable to meet the standards at § 330-4 of this chapter on the site. If one or more of the nine nonstructural strategies will not be implemented on the site, the applicant shall provide a detailed rationale establishing a basis for the contention that use of the strategy is not practicable on the site.
[1] 
Protect areas that provide water quality benefits or areas particularly susceptible to erosion and sediment loss;
[2] 
Minimize impervious surfaces and break up or disconnect the flow of runoff over impervious surfaces;
[3] 
Maximize the protection of natural drainage features and vegetation;
[4] 
Minimize the decrease in the predevelopment time of concentration;
[5] 
Minimize land disturbance, including clearing and grading;
[6] 
Minimize soil compaction and all other soil disturbance;
[7] 
Provide low-maintenance landscaping that provides for the retention and planting of native plants and minimizes the use of lawns, fertilizers and pesticides;
[8] 
Provide vegetated open-channel conveyance systems discharging into and through stable vegetated areas; and
[9] 
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. These source controls shall include, but are not limited to:
[a] 
Site design features that help to prevent accumulation of trash and debris in drainage systems;
[b] 
Site design features that help to prevent discharge of trash and debris from drainage systems;
[c] 
Site design features that help to prevent and/or contain spills or other harmful accumulations of pollutants at industrial or commercial developments; and
[d] 
Applying fertilizer in accordance with the requirements established under the Soil Erosion and Sediment Control Act, N.J.S.A. 4:24-39 et seq., and implementing rules, when establishing vegetation after land disturbance.
(b) 
For sites where stormwater will be generated from high pollutant loading areas or where stormwater will be exposed to source material, as defined in § 330-7 of this chapter, the applicant shall also demonstrate in the land use planning and source control plan that the requirements of § 330-4 have been met.
(c) 
The use of nonstructural strategies to meet the performance standards in § 330-4 of this chapter is not required for development sites creating less than one acre of disturbance. However, each application for major development and any other application where the Borough of Westville otherwise requires a landscaping plan shall contain a landscaping or revegetation plan. In addition, the applicant shall demonstrate that, at a minimum, existing trees and vegetation on the development site will be preserved and protected according to the minimum standards established by provisions of Chapter 205, Land Use and Development, of the Code of the Borough of Westville or by conditions of zoning or variance approval.
(5) 
Stormwater management facilities map. The applicant shall submit a map, at the same scale as the topographic base map, depicting the following information:
(a) 
The total area to be disturbed, paved and/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 manage and dispose of stormwater; and
(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 (if applicable) and emergency spillway provisions, with maximum discharge capacity of each spillway.
(6) 
Calculations (groundwater recharge and stormwater runoff rate, volume and quality). The applicant shall submit comprehensive hydrologic and hydraulic design calculations for the predevelopment and post-development conditions for the design storms specified in § 330-3. The standards for groundwater recharge and stormwater runoff rate, volume and quality required by § 330-4 shall be met using the methods, calculations and assumptions provided in § 330-3.
(7) 
Inspection, maintenance and repair plan. The applicant shall submit a detailed plan describing how the proposed stormwater management measure(s) shall meet the maintenance and repair requirements of § 330-6 of this chapter. Said plan shall include, at a minimum, the following elements:
(a) 
The frequency with which inspections will be made;
(b) 
The specific maintenance tasks and requirements for each proposed structural and nonstructural BMP;
(c) 
The name, address and telephone number for the entity responsible for implementation of the maintenance plan;
(d) 
The reporting requirements; and
(e) 
Copies of the inspection and maintenance reporting sheets.
(8) 
Exception from submission requirements. An exception may be granted from submission of any of these required components [except Subsection C(7) above, Inspection, maintenance, and repair plan] if its absence will not materially affect the review process.

§ 330-3 Methods for calculating stormwater runoff rate and volume, stormwater runoff quality, and groundwater recharge.

A. 
Method of calculating stormwater runoff rate and volume.
(1) 
In complying with the stormwater runoff quantity and rate standards in § 330-4B, the design engineer shall calculate the stormwater runoff rate and volume using the USDA Natural Resources Conservation Service (NRCS) Runoff Equation, Runoff Curve Numbers, and Dimensionless Unit Hydrograph, as described in the NRCS National Engineering Handbook Part 630, Hydrology and Technical Release 55, Urban Hydrology for Small Watersheds, as amended and supplemented, or the Rational Method for peak flow and the Modified Rational Method for hydrograph computations.
(2) 
In calculating stormwater runoff using the NRCS methodology, the design engineer shall separately calculate and then combine the runoff volumes from pervious and directly connected impervious surfaces within each drainage area within the parcel.
(3) 
Calculation of stormwater runoff from unconnected impervious surfaces shall be based, as applicable, upon the two-step method described in the current New Jersey Stormwater Best Management Practices Manual or the NRCS methodology.
(4) 
In calculating stormwater runoff using the NRCS methodology, the design engineer shall use appropriate twenty-four-hour rainfall depths as developed for the project site by the National Oceanic and Atmospheric Administration, available online at http://hdsc.nws.noaa.gov/hdsc/pfds/index.html.
(5) 
When calculating stormwater runoff for predeveloped site conditions, the design engineer shall use the following criteria:
(a) 
When selecting or calculating runoff curve numbers (CNs) for predeveloped project site conditions, the project site's land cover shall be assumed to be woods in good condition. However, another land cover may be used to calculate runoff coefficients if:
[1] 
Such land cover has existed at the site or portion thereof without interruption for at least five years immediately prior to the time of application; and
[2] 
The design engineer can document the character and extent of such land cover through the use of photographs, affidavits, and/or other acceptable land use records.
(b) 
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.
(c) 
All predeveloped land covers shall be assumed to be in good hydrologic condition and, if cultivated, shall be assumed to have conservation treatment.
(d) 
In calculating predeveloped site stormwater runoff, the design engineer shall include the effects of all land features and structures, such as ponds, wetlands, depressions, hedgerows, and culverts, which affect predeveloped site stormwater runoff rates and/or volumes.
(e) 
Where tailwater will affect the hydraulic performance of a stormwater management measure, the design engineer shall include such effects in the measure's design.
B. 
Method of calculating stormwater runoff quality.
(1) 
In complying with the stormwater runoff quality standards in § 330-4E(1), the design engineer shall calculate the stormwater runoff rate and volume using the USDA Natural Resources Conservation Service (NRCS) Runoff Equation, Runoff Curve Numbers, and Dimensionless Unit Hydrograph, as described in the NRCS National Engineering Handbook Part 630, Hydrology and Technical Release 55, Urban Hydrology for Small Watersheds, as amended and supplemented, or the Rational Method for peak flow and the Modified Rational Method for hydrograph computations, so long as the Delmarva hydrograph is employed.
(2) 
The design engineer shall also use the NJDEP water quality design storm, which is 1.25 inches of rainfall falling in a nonlinear pattern in two hours. Details of the water quality design storm are shown in Table 1.
(3) 
Calculation of runoff volumes, peak rates, and hydrographs for the water quality design storm may take into account the implementation of nonstructural and structural stormwater management measures.
Table 1: Water Quality Design Storm Distribution
Source: N.J.A.C. 7:8-5.5(a).
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
(4) 
Total suspended solids (TSS) reduction calculations.
(a) 
If more than one stormwater BMP in series is necessary to achieve the required eighty-percent TSS reduction for a site, the applicant shall utilize the following formula to calculate TSS reduction:
R = A + B - (A x B)/100
Where:
R
=
Total TSS percent load removal from application of both BMPs;
A
=
The TSS percent removal rate applicable to the first BMP; and
B
=
The TSS percent removal rate applicable to the second BMP.
(b) 
If there is more than one on-site drainage area, the eighty-percent 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) 
TSS removal rates for stormwater BMPs.
(a) 
For purposes of TSS reduction calculations, Table 2 presents the presumed removal rates for certain BMPs designed in accordance with the New Jersey BMP Manual. The BMP Manual may be obtained from the address identified in § 330-11A or found on the NJDEP's website at www.njstormwater.org. TSS reduction shall be calculated based on the removal rates for the BMPs in Table 2.
(b) 
Alternative stormwater management measures, 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 Borough of Westville. Any alternative stormwater management measure, removal rate or method of calculating the removal rate shall be subject to approval by the Borough of Westville, and a copy shall be provided to the following:
[1] 
The Division of Watershed Management, New Jersey Department of Environmental Protection, P.O. Box 418, Trenton, NJ 08625-0418.
Table 2: Pollutant Removal Rates for BMPs
Source: 7:8-5.5(c) and New Jersey BMP Manual Chapter 4.
Best Management Practice
TSS Percent Removal Rate
Total Phosphorus Percent Removal Rate
Total Nitrogen Percent Removal Rate
Bioretention systems
90
60
30
Constructed stormwater wetland
90
50
30
Extended detention basin
40 to 60 (final rate based upon detention time; see New Jersey BMP Manual, Chapter 9)
20
20
Infiltration basin
80
60
50
Manufactured treatment device
Pollutant removal rates as certified by NJDEP; see § 330-3
Pollutant removal rates as certified by NJDEP; see § 330-3
Pollutant removal rates as certified by NJDEP; see § 330-3
Pervious paving systems
80 (porous paving)
80 (permeable pavers with storage bed)
60
50
0, volume reduction only (permeable pavers without storage bed)
0, volume reduction only (permeable pavers without storage bed)
0, volume reduction only (permeable pavers without storage bed)
Sand filter
80
50
35
Vegetative filter strip (For filter strips with multiple vegetated covers, the final TSS removal rate should be based upon a weighted average of the adopted rates shown in Table 2, based upon the relative flow lengths through each cover type.)
60 (turf grass)
70 (native grasses, meadow and planted woods)
30
30
80 (indigenous woods)
Wet pond/retention basin
50 to 90 (final rate based upon pool volume and detention time; see NJ BMP Manual)
50
30
(6) 
Nutrient removal rates for stormwater BMPs. For purposes of post-development nutrient load reduction calculations, Table 2 presents the presumed removal rates for certain BMPs designed in accordance with the New Jersey BMP Manual. If alternative stormwater BMPs are proposed, the applicant shall demonstrate that the selected BMPs will achieve the nutrient removal standard required in § 330-4E.
C. 
Methods of calculating groundwater recharge.
(1) 
If complying with the groundwater recharge standards contained in § 330-4C(1)(a), the design engineer may calculate groundwater recharge in accordance with the New Jersey Groundwater Recharge Spreadsheet (NJGRS) computer program incorporated herein by reference as amended and supplemented. Information regarding the methodology is available in § 330-11A or from the New Jersey BMP Manual.
(2) 
Alternative groundwater recharge calculation methods to meet these requirements may be used upon approval by the Municipal Engineer.
(3) 
If complying with the groundwater recharge standards contained in § 330-4C(1)(b), the design engineer shall:
(a) 
Calculate stormwater runoff volumes in accordance with the USDA Natural Resources Conservation Service (NRCS) methodology, including the NRCS Runoff Equation and Runoff Curve Numbers, as described in the NRCS National Engineering Handbook Part 630, Hydrology and Technical Release 55, Urban Hydrology for Small Watersheds, as amended and supplemented; and
(b) 
Use appropriate two-year, twenty-four-hour rainfall depths as developed for the project site by the National Oceanic and Atmospheric Administration, available online at http://hdsc.nws.noaa.gov/hdsc/pfds/index.html.
(4) 
When calculating groundwater recharge or stormwater runoff for predeveloped site conditions, the design engineer shall use the following criteria:
(a) 
When selecting land covers or calculating runoff curve numbers (CNs) for predeveloped project site conditions, the project site's land cover shall be assumed to be woods. However, another land cover may be used to calculate runoff coefficients if:
[1] 
Such land cover has existed at the site or portion thereof without interruption for at least five years immediately prior to the time of application; and
[2] 
The design engineer can document the character and extent of such land cover through the use of photographs, affidavits, and/or other acceptable land use records.
(b) 
If more than one land cover, other than woods, has existed on the site during the five years immediately prior to the time of application, the land cover with the lowest runoff potential (including woods) shall be used for the computations.
(c) 
All predeveloped land covers shall be assumed to be in good hydrologic condition and, if cultivated, shall be assumed to have conservation treatment.

§ 330-4 Performance standards for major development.

A. 
Nonstructural stormwater management strategies.
(1) 
To the maximum extent practicable, the performance standards in § 330-4 for major development shall be met by incorporating the nine nonstructural strategies identified in Subchapter 5 of the New Jersey Stormwater Management Rules (N.J.A.C. 7:8-5) and set forth in § 330-2C(4)(a) into the design. The applicant shall identify within the land use planning and source control plan required by § 330-2C(4) of this chapter how each of the nine nonstructural measures will be incorporated into the design of the project to the maximum extent practicable.
(2) 
If the applicant contends that it is not practical for engineering, environmental or safety reasons to incorporate any of the nine nonstructural strategies into the design of a particular project, the applicant shall provide a detailed rationale establishing a basis for the contention that use of the strategy is not practical on the site. This rationale shall be submitted, in accordance with the checklist requirements established by § 330-2, to the Borough of Westville. A determination by the Borough of Westville that this rationale is inadequate or without merit shall result in a denial of the application unless one of the following conditions are met:
(a) 
The land use planning and source control plan is amended to include a description of how all nine nonstructural measures will be implemented on the development site, and the amended plan is approved by the Borough of Westville;
(b) 
The land use planning and source control plan is amended to provide an alternative nonstructural strategy or measure that is not included in the list of nine nonstructural measures, but still meets the performance standards in § 330-4, and the amended plan is approved by the Borough of Westville; or
(c) 
The land use planning and source control plan is amended to provide an adequate rationale for the contention that use of the particular strategy is not practical on the site, and the amended plan is approved by the Borough of Westville.
(3) 
In addition to all other requirements of this section, each applicant shall demonstrate that, at a minimum, existing trees and vegetation on the development site will be preserved, protected and maintained according to the minimum standards established by provisions of Chapter 205, Land Use and Development, or by conditions of zoning or variance approval. Existing trees and vegetation shall be protected during construction activities in accordance with the "Standard for Tree Protection During Construction" provided in the NJ State Soil Conservation Committee Standards for Soil Erosion and Sediment Control in New Jersey, which is incorporated herein by reference as amended and supplemented.
(4) 
In addition to all other requirements of this section, each application for major development, and any other application where Borough of Westville otherwise requires a landscaping plan, shall contain a landscaping or revegetation plan.
(5) 
Any land area used as a nonstructural stormwater management measure to meet the performance standards in § 330-4 shall be dedicated to a government entity; shall be subjected to a conservation easement filed with the appropriate County Clerk's office; or shall be subjected to an equivalent form of restriction approved by the Borough of Westville that ensures that that measure, or equivalent stormwater management measure, is maintained in perpetuity, as detailed in § 330-6 of this chapter.
(6) 
Guidance for nonstructural stormwater management strategies is available in the New Jersey BMP Manual, which may be obtained from the address identified in § 330-11A or found on the NJDEP's website at www.njstormwater.org.
(7) 
Exception for major development sites creating less than one acre of disturbance. The use of nonstructural strategies to meet the performance standards in § 330-4 of this chapter is not required for major development creating less than one acre of disturbance. However, the following requirements shall be met:
(a) 
Each application for major development and any other application where the Borough of Westville otherwise requires a landscaping plan shall contain a landscaping or revegetation plan;
(b) 
Each applicant shall demonstrate that, at a minimum, existing trees and vegetation on the development site will be preserved and protected according to the minimum standards established by provisions of Chapter 205, Land Use and Development, of the Code of the Borough of Westville or by conditions of zoning or variance approval; and
(c) 
Existing trees and vegetation shall be protected during construction activities in accordance with the "Standard for Tree Protection During Construction" provided in the New Jersey State Soil Conservation Committee Standards for Soil Erosion and Sediment Control in New Jersey, which is incorporated herein by reference, as amended and supplemented.
B. 
Stormwater runoff quantity and rate standards.
(1) 
The design engineer, using the assumptions and factors for stormwater runoff and groundwater recharge calculations contained in § 330-3, shall either:
(a) 
Demonstrate through hydrologic and hydraulic analysis that the post-developed stormwater runoff hydrographs from the project site for the two-, ten-, and one-hundred-year storms do not exceed, at any point in time, the site's predeveloped runoff hydrographs for the same storms;
(b) 
Demonstrate through hydrologic and hydraulic analysis that under post-developed site conditions:
[1] 
There is no increase in predeveloped stormwater runoff rates from the project site for the two-, ten-, and one-hundred-year storms; and
[2] 
Any increased stormwater runoff volume or change in stormwater runoff timing for the two-, ten-, and one-hundred-year storms will not increase flood damage at or downstream of the project site. When performing this analysis for predeveloped site conditions, all off-site development levels shall reflect existing conditions. When performing this analysis for post-developed site conditions, all off-site development levels shall reflect full development in accordance with current zoning and land use ordinances; or
(c) 
Demonstrate that the peak post-developed stormwater runoff rates from the project site for the two-, ten-, and one-hundred-year storms are 50%, 75% and 80%, respectively, of the site's peak predeveloped stormwater runoff rates for the same storms. Peak outflow rates from on-site stormwater measures for these storms shall be adjusted where necessary to account for the discharge of increased stormwater runoff rates and/or volumes from project site areas not controlled by the on-site measures. These percentages do not have to be applied to those portions of the project site that are not proposed for development at the time of application, provided that such areas are:
[1] 
Protected from future development by imposition of a conservation easement, deed restriction, or other acceptable legal measures; or
[2] 
Would be subject to review under these standards if they are proposed for any degree of development in the future.
(2) 
In tidal flood hazard areas, a stormwater runoff quantity analysis in accordance with Subsection B(1)(a), (b) and (c) above shall only be applied if the increased volume of stormwater runoff could increase flood damages below the point of discharge.
(3) 
The standards for stormwater runoff quantity and rate required by this section shall be met using the methods, calculations and assumptions provided in § 330-3.
C. 
Groundwater recharge standards.
(1) 
For all major developments, with the exception of those described in § 330-4C(4) below, the design engineer, using the assumptions and factors for stormwater runoff and groundwater recharge calculations contained in § 330-3, shall either:
(a) 
Demonstrate through hydrologic and hydraulic analysis that the post-developed project site maintains 100% of the site's predeveloped average annual groundwater recharge volume; or
(b) 
Demonstrate through hydrologic and hydraulic analysis that any increase in the project site's stormwater runoff volume for the two-year, twenty-four-hour storm from predeveloped to post-developed conditions is infiltrated on site.
(2) 
The design engineer shall assess the hydraulic impact on the groundwater table and design the project site and all site groundwater recharge measures so as to avoid adverse hydraulic impacts. Adverse hydraulic impacts include, but are not limited to, raising the groundwater table so as to cause surface ponding; flooding of basements and other subsurface structures and areas; preventing a stormwater infiltration basin from completely draining via infiltration within 72 hours of a design storm event; and interference with the proper operation of subsurface sewage disposal systems and other surface and subsurface facilities in the vicinity of the groundwater recharge measure.
(3) 
The standards for groundwater recharge required by this section shall be met using the methods, calculations and assumptions provided in § 330-3.
(4) 
Exceptions.
(a) 
The preceding groundwater recharge standards shall not apply to sites that create less than one acre of disturbance. The municipality may choose to remove this exception in their adoption of this chapter.
(b) 
The preceding groundwater recharge standards shall not apply to projects within the urban redevelopment area or to projects subject to Subsection C(4)(c) below.
(c) 
The following types of stormwater shall not be recharged:
[1] 
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 a 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
[2] 
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 processing, 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 processing, manufacturing, or other industrial activities that are exposed to stormwater.
D. 
Erosion control standards. The minimum design and performance standards for erosion control are those established under the Soil Erosion and Sediment Control Act, N.J.S.A. 4:24-39 et seq., and its implementing regulations, N.J.A.C. 2:90-1.1 through 1.4.
E. 
Stormwater runoff quality standards.
(1) 
Stormwater management measures shall be designed to reduce the total suspended solids (TSS) load in the stormwater runoff from the post-developed site by 80%, expressed as an annual average.
(2) 
Stormwater management measures shall also be designed to reduce the nutrient load in the stormwater runoff from the post-developed site by the maximum extent practicable. In achieving this reduction, the design of the development site shall include nonstructural and structural stormwater management measures that optimize nutrient removal while still achieving the groundwater recharge, runoff quantity and rate, and TSS removal standards in this section.
(3) 
The standards for stormwater runoff quality required by this section shall be met using the methods, calculations, assumptions and pollutant removal rates provided in § 330-3.
(4) 
Exceptions.
(a) 
The preceding stormwater runoff quality standards shall not apply to the following major development sites:
[1] 
Major development sites where less than 0.25 acre of additional impervious surface is proposed; or
[2] 
Major residential development sites that create less than one acre of disturbance.
(b) 
The TSS reduction requirement in § 330-4E(2) shall not apply to any stormwater runoff in a discharge regulated under a numeric effluent limitation for TSS imposed under the NJPDES rules (N.J.A.C. 7:14A) or in a discharge specifically exempt under a NJPDES permit from this requirement.
(c) 
The stormwater runoff quantity and rate standards in § 330-4B shall still be met for all major development sites.
F. 
Threatened and endangered species and associated habitat standards. Stormwater management measures shall avoid adverse impacts of the development on habitat for threatened and endangered species, in accordance with N.J.A.C. 7:8-5.2(c).
G. 
Exemptions, exceptions and mitigation requirements.
(1) 
The following linear development projects are exempt from the groundwater recharge, stormwater runoff quantity, and stormwater runoff quality requirements established by this chapter:
(a) 
The construction of an underground utility line, provided that the disturbed areas are revegetated upon completion;
(b) 
The construction of an aboveground utility line, provided that the existing conditions are maintained to the maximum extent practicable; and
(c) 
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.
(2) 
Exceptions from strict compliance from the groundwater recharge, stormwater runoff quantity, and stormwater runoff quality requirements established by this chapter may be granted, at the discretion of the municipality, for the enlargement of an existing public roadway or railroad or the construction or enlargement of a public pedestrian access, provided that all of the following conditions are met:
(a) 
The applicant demonstrates that there is a public need for the project that cannot be accomplished by any other means;
(b) 
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 established by this chapter to the maximum extent practicable;
(c) 
The applicant demonstrates that, in order to meet the requirements established by this chapter, existing structures currently in use, such as homes and buildings, would need to be condemned; and
(d) 
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 Subsection G(2)(c) above within the upstream drainage area of the receiving stream, that would provide additional opportunities to meet the requirements established by this chapter.
(3) 
Exceptions from strict compliance from the groundwater recharge, stormwater runoff quantity, and stormwater runoff quality requirements established by this chapter may be granted, at the discretion of the Borough of Westville, provided that all of the following conditions are met:
(a) 
The exception is consistent with that allowed by the Borough of Westville.
(b) 
The Borough of Westville has an adopted and effective municipal stormwater management plan in accordance with N.J.A.C. 7:8-4.4, which includes a mitigation plan in accordance with N.J.A.C. 7:8-4.2(c)11. The mitigation plan shall identify what measures are necessary to offset the deficit created by granting the exception, and the municipality shall submit a written report to the county review agency and the NJDEP describing the exception and the required mitigation. Guidance for developing municipal stormwater management plans, including mitigation plans, is available from the NJDEP, Division of Watershed Management and the New Jersey BMP Manual.
(c) 
The applicant demonstrates that mitigation, in addition to the requirements of the mitigation plan discussed in Subsection G(3)(b) above, will be provided consistent with one of the following options:
[1] 
Mitigation may be provided off site, but within the Borough of Westville and within the same drainage area as the development site, and shall meet or exceed the equivalent recharge, quality or quantity performance standard which is lacking on the development site due to the exception; or
[2] 
In lieu of the required mitigation, a monetary in-lieu contribution may be provided by the applicant to the Borough of Westville in accordance with the following:
[a] 
The amount of the in-lieu contribution shall be determined by the Borough of Westville, but the maximum in-lieu contribution required shall be equivalent to the cost of implementing and maintaining the stormwater management measure(s) for which the exception is granted;
[b] 
The in-lieu contribution shall be used to fund an off-site stormwater control mitigation project(s) located within the Borough of Westville, within the same drainage area as the development site, and shall meet or exceed the equivalent recharge, quality or quantity performance standard which is lacking on the development site. Such mitigation project shall be identified by the Borough of Westville in the Borough of Westville's adopted municipal stormwater management plan. The stormwater control project to which the monetary contribution will be applied shall be identified by the Borough of Westville at the time the exception is granted. The applicant shall amend the project description and site plan required in § 300-2C(3) to incorporate a description of both the standards for which an on-site exception is being granted and of the selected off-site mitigation project.
[c] 
The Borough of Westville shall expend the in-lieu contribution to implement the selected off-site mitigation project within five years from the date that payment is received. Should the Borough of Westville fail to expend the in-lieu contribution within the required time frame, the mitigation option provided in § 330-4G(3)(c)[2] of this chapter shall be void, and the Borough of Westville shall be prohibited from collecting in-lieu contributions.

§ 330-5 Design, construction and safety standards.

A. 
General design and construction standards.
(1) 
Structural stormwater management measures shall be designed to meet the standards established in this section. These standards have been developed to protect public safety, conserve natural features, create an aesthetically pleasing site and promote proper on-site stormwater management.[1]
[1]
Though not required by N.J.A.C. 7:8, pursuant to their authority, municipalities may have the option to require existing basins that pose a public health or safety hazard to be retrofitted to comply with the standards in this subsection.
(2) 
The following structural stormwater management measures may be utilized as part of a stormwater management system at a major land development in the Borough of Westville, provided that the applicant demonstrates that they are designed, constructed and maintained so as to meet the standards and requirements established by this chapter. If alternative stormwater management measures are proposed, the applicant shall demonstrate that the selected measures will achieve the standards established by this chapter.
(a) 
Bioretention systems;
(b) 
Constructed stormwater wetlands;
(c) 
Extended detention basins;
(d) 
Infiltration basins;
(e) 
Vegetated filter strips;
(f) 
Infiltration basins and trenches;
(g) 
Wet ponds with suitable liners;
(h) 
Pervious paving systems; and
(i) 
Manufactured treatment devices, provided their pollutant removal rates are verified by the New Jersey Corporation for Advanced Technology and certified by the NJDEP.
(3) 
Structural stormwater management measures shall be designed to take into account the existing site conditions, including environmentally critical areas, wetlands, flood-prone areas, slopes, depth to seasonal high-water table, soil type, permeability and texture, and drainage area and drainage patterns.
(4) 
Structural stormwater management measures shall be designed and constructed 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 7.8 shall be deemed to meet this requirement.); to minimize and facilitate maintenance and repairs; and to ensure proper functioning.
(5) 
For all stormwater management measures at a development site, each applicant shall submit a detailed inspection, maintenance and repair plan consistent with the requirements of § 330-6 of this chapter.
(6) 
To the maximum extent practicable, the design engineer shall design structural stormwater management measures on the development site in a manner that:
(a) 
Limits site disturbance, maximizes stormwater management efficiencies, and maintains or improves aesthetic conditions;
(b) 
Utilizes multiple stormwater management measures, smaller in size and distributed spatially throughout the land development site, instead of a single larger structural stormwater management measure;
(c) 
Incorporates pretreatment measures. Pretreatment can extend the functional life and increase the pollutant removal capability of a structural stormwater management measure. Pretreatment measures may be designed in accordance with the New Jersey BMP Manual or other sources approved by the Municipal Engineer.
(7) 
Stormwater management basins shall be designed in a manner that complements and mimics the existing natural landscape, including but not limited to the following design strategies:
(a) 
Use of natural, nonwetland wooded depressions for stormwater runoff storage; and
(b) 
Establishment of attractive landscaping in and around the basin that mimics the existing vegetation and incorporates native plants.
(8) 
Stormwater management basins shall be designed with gently sloping sides. The maximum allowable basin side slope shall be three horizontal to one vertical (3:1).
(9) 
Guidance on the design and construction of structural stormwater management measures may be found in the New Jersey BMP Manual. Other guidance sources may also be used upon approval by the Municipal Engineer.
(10) 
After all construction activities and required field testing have been completed on the development site, as-built plans depicting design and as-built elevations of all stormwater management measures shall be prepared by a licensed land surveyor and submitted to the Municipal Engineer. Based upon the Municipal Engineer's review of the as-built plans, all corrections or remedial actions deemed by the Municipal Engineer to be necessary due to the failure to comply with the standards established by this chapter and/or any reasons of public health or safety shall be completed by the applicant. In lieu of review by the Municipal Engineer, the Borough of Westville reserves the right to engage a Professional engineer to review the as-built plans. The applicant shall pay all costs associated with such review.
B. 
Design and construction standards for stormwater infiltration BMP's.
(1) 
Stormwater infiltration BMPs, such as bioretention systems with infiltration, dry wells, infiltration basins, pervious paving systems with storage beds, and sand filters with infiltration, shall be designed, constructed and maintained to completely drain the total runoff volume generated by the basin's maximum design storm within 72 hours after a storm event. Runoff storage for greater times can render the BMP ineffective and may result in anaerobic conditions, odor and both water quality and mosquito breeding problems.
(2) 
Stormwater infiltration BMPs shall be designed, constructed and maintained to provide a minimum separation of at least two feet between the elevation of the lowest point of the bottom of the infiltration BMP and the seasonal high-water table.
(3) 
The minimum design permeability rate for the soil within a BMP that relies on infiltration shall be 0.5 inch per hour. A factor of safety of two shall be applied to the soil's field-tested permeability rate to determine the soil's design permeability rate. For example, if the field-tested permeability rate of the soil is four inches per hour, its design permeability rate would be two inches per hour. The minimum design permeability rate for the soil within a stormwater infiltration basin shall also be sufficient to achieve the minimum seventy-two-hour drain time described in Subsection B(1) above. The maximum design permeability shall be 10 inches per hour.
(4) 
A soil's field-tested permeability rate shall be determined in accordance with the following:
(a) 
The predevelopment field-tested permeability rate shall be determined according to the methodologies provided in § 330-10C(3) of this chapter;
(b) 
The results of the required field permeability tests shall demonstrate a minimum tested infiltration rate of one inch per hour;
(c) 
After all construction activities have been completed on the site and the finished grade has been established in the infiltration BMP, post-development field permeability tests shall also be conducted according to the methodologies provided in § 330-10C(3) of this chapter;
(d) 
If the results of the post-development field permeability tests fail to achieve the minimum required design permeability rates in Subsection B(3) above utilizing a factor of safety of two, the stormwater infiltration BMP shall be renovated and retested until such minimum required design permeability rates are achieved; and
(e) 
The results of all field permeability tests shall be certified by a professional engineer and transmitted to the Municipal Engineer.
(5) 
To help ensure maintenance of the design permeability rate over time, a six-inch layer of K5 soil shall be placed on the bottom of a stormwater infiltration BMP. This soil layer shall meet the textural and permeability specifications of a K5 soil as provided at N.J.A.C. 7:9A, Appendix A, Figure 6, and be certified to meet these specifications by a professional engineer licensed in the State of New Jersey. The depth to the seasonal high-water table shall be measured from the bottom of the K5 sand layer.
(6) 
The design engineer shall assess the hydraulic impact on the groundwater table and design the project site and all stormwater infiltration basins so as to avoid adverse hydraulic impacts. Adverse hydraulic impacts include, but are not limited to, raising the groundwater table so as to cause surface ponding; flooding of basements and other subsurface structures and areas; preventing a stormwater infiltration basin from completely draining via infiltration within 72 hours of a design storm event; and interference with the proper operation of subsurface sewage disposal systems and other surface and subsurface structures in the vicinity of the stormwater infiltration basin.
(7) 
The design engineer shall conduct a mounding analysis, as defined in § 330-7, of all stormwater infiltration basins. The mounding analysis shall be conducted in accordance with the requirements in § 330-10C(3)(l). Where the mounding analysis identifies adverse impacts, the stormwater infiltration basin shall be redesigned or relocated, as appropriate.
(8) 
Stormwater infiltration BMPs shall be constructed in accordance with the following:
(a) 
To avoid sedimentation that may result in clogging and reduce the basin's permeability rate:
[1] 
All other infiltration BMP construction in this section shall be followed when the drainage area is completely stabilized, all accumulated sediment shall be removed from the infiltration BMP, which shall then be excavated to its final design elevation in accordance with the construction requirements of this section and the performance standards in § 330-4.
(b) 
To avoid compaction of subgrade soils of BMPs that rely on infiltration, no heavy equipment such as backhoes, dump trucks or bulldozers shall be permitted to operate within the footprint of the BMP. All excavation required to construct a stormwater infiltration BMP shall be performed by equipment placed outside the BMP. If this is not possible, the soils within the excavated area shall be renovated and tilled after construction is completed to reverse the effects of compaction. In addition, post-development soil permeability testing shall be performed in accordance with Subsection B(4) of this section.
(c) 
Earthwork associated with stormwater infiltration BMP construction, including excavation, grading, cutting or filling, shall not be performed when soil moisture content is above the lower plastic limit.
C. 
Safety standards for structural stormwater management measures.
(1) 
If a structural stormwater management measure has an outlet structure, escape provisions shall be incorporated in or on the structure. "Escape provisions" means the permanent installation of ladders, steps, rungs, or other features that provide readily accessible means of ingress and egress from the outlet structure.
(2) 
A trash rack is a device intended to intercept runoff-borne trash and debris that might otherwise block the hydraulic openings in an outlet structure of a structural stormwater management measure. Trash racks shall be installed upstream of such outlet structure openings as necessary to ensure proper functioning of the structural stormwater management measure in accordance with the following:
(a) 
The trash rack should be constructed primarily of bars aligned in the direction of flow 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 bars shall be spaced no greater than 1/3 the width of the hydraulic opening it is protecting or six inches, whichever is less. Transverse bars aligned perpendicular to flow should be sized and spaced as necessary for rack stability and strength.
(b) 
The trash rack shall not adversely affect the hydraulic performance of either the outlet structure opening it is protecting or the overall outlet structure.
(c) 
The trash rack shall have sufficient net open area under clean conditions to limit the peak design storm velocity through it to a maximum of 2.5 feet per second.
(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.
(3) 
An overflow grate is a device intended to protect the opening in the top of a stormwater management measure outlet 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 more than two inches across the smallest dimension; and
(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.
(4) 
The maximum side slope for an earthen dam, embankment, or berm shall not be steeper than three horizontal to one vertical (3:1).
(5) 
Safety ledges shall be constructed on the slopes of all new structural stormwater management measures 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 1 1/2 feet above the permanent water surface. See Subsection C(5)(a) below for an illustration of safety ledges in a stormwater management basin.
(a) 
Illustration of safety ledges.
Source: N.J.A.C. 7:8-6, Appendix A.

§ 330-6 Inspection, maintenance and repair of stormwater management measures.

A. 
Applicability. Projects subject to review pursuant to § 330-1C of this chapter shall comply with the requirements of § 330-6B and C below.
B. 
General inspection, maintenance and repair plan.
(1) 
The design engineer shall prepare an inspection, maintenance and repair plan for the stormwater management measures, including both structural and nonstructural measures incorporated into the design of a major development. This plan shall be submitted as part of the checklist requirements established in § 330-2C. Inspection and maintenance guidelines for stormwater management measures are available in the New Jersey BMP Manual.
(2) 
The inspection, maintenance and repair plan shall contain the following:
(a) 
Accurate and comprehensive drawings of the site's stormwater management measures;
(b) 
Specific locations of each stormwater management measure identified by means of longitude and latitude, as well as block and lot number;
(c) 
Specific preventative and corrective maintenance tasks and schedules for such tasks for each stormwater BMP;
(d) 
Cost estimates, including estimated cost of sediment, debris or trash removal; and
(e) 
The name, address and telephone number of the person or persons responsible for regular inspections and preventative and corrective maintenance (including repair and replacement). If the responsible person or persons is a corporation, company, partnership, firm, association, municipality or political subdivision of this state, the name and telephone number of an appropriate contact person shall also be included.
(3) 
The person responsible for inspection, maintenance and repair identified under Subsection B(2) above shall maintain a detailed log of all preventative and corrective maintenance performed for the site's stormwater management measures, including a record of all inspections and copies of all maintenance-related work orders in the inspection, maintenance and repair plan. Said records and inspection reports shall be retained for a minimum of five years.
(4) 
If the inspection, maintenance and repair plan identifies a person other than the developer (for example, a public agency or homeowners' association) as having the responsibility for inspection and 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 measure to such person under an applicable ordinance or regulation.
(5) 
If the person responsible for inspection, maintenance and repair identified under Subsection B(3) above is not a public agency, the maintenance plan and any future revisions based on Subsection B(6) below shall be recorded upon the deed of record for each property on which the maintenance described in the maintenance plan shall be undertaken.
(6) 
The person responsible for inspection, maintenance and repair identified under Subsection B(2) above shall evaluate the effectiveness of the inspection, maintenance and repair plan at least once per year and update the plan and the deed as needed.
(7) 
The person responsible for inspection, maintenance and repair identified under Subsection B(2) above shall submit the updated inspection, maintenance and repair plan and the documentation required by Subsections B(2) and (3) above to the Borough of Westville once per year.
(8) 
The person responsible for inspection, maintenance and repair identified under Subsection B(2) above shall retain and make available, upon request by any public entity with administrative, health, environmental or safety authority over the site, the inspection, maintenance and repair plan and the documentation required by Subsections B(2) and (3) above.
C. 
Responsibility for inspection, repair and 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.
D. 
Preventative and corrective maintenance shall be performed to maintain the function of the stormwater management measure, including, but not limited to, repairs or replacement to any associated appurtenance of the measure; removal of sediment, debris, or trash; restoration of eroded areas; snow and ice removal; fence repair or replacement; restoration of vegetation; repair or replacement of linings; and restoration of infiltration function.
E. 
Stormwater management measure easements shall be provided by the property owner as necessary for facility inspections and maintenance and preservation of stormwater runoff conveyance, infiltration, and detention areas and facilities. The purpose of the easement shall be specified in the maintenance agreement.
F. 
In the event that the stormwater management measure becomes a public health nuisance or danger to public safety or public health, or if it is in need of maintenance or repair, the Borough of Westville 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 the Municipal Engineer's designee. The Borough of Westville, at 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 within the allowable time, the Borough of Westville may immediately proceed to do so with its own forces and equipment and/or through contractors. The costs and expenses of such maintenance and repair by the Borough of Westville shall be entered on the tax roll as a special charge against the property and collected with any other taxes levied thereon for the year in which the maintenance and repair was performed.
G. 
Requirements for inspection, maintenance and repair of stormwater BMPs that rely on infiltration.
(1) 
If a stormwater infiltration BMP is incorporated into the design of a major development, the applicant shall include the following requirements in its inspection, maintenance and repair plan:
(a) 
Once per month (if needed): mow side slopes, remove litter and debris, stabilize eroded banks, repair erosion at inflow structure(s);
(b) 
After every storm exceeding one inch of rainfall: ensure that infiltration BMPs drain completely within 72 hours after the storm event. If stored water fails to infiltrate 72 hours after the end of the storm, corrective measures shall be taken. Raking or tilling by light equipment can assist in maintaining infiltration capacity and break up clogged surfaces;
(c) 
Four times per year (quarterly): inspect stormwater infiltration BMPs for clogging and excessive debris and sediment accumulation within the BMP, remove sediment (if needed) when completely dry;
(d) 
Two times per year: inspect for signs of damage to structures, repair eroded areas, check for signs of petroleum contamination and remediate;
(e) 
Once per year: inspect BMPs for unwanted tree growth and remove if necessary, disc or otherwise aerate bottom of infiltration basin to a minimum depth of six inches; and
(f) 
After every storm exceeding one inch of rainfall: inspect and, if necessary, remove and replace K5 sand layer and accumulated sediment to restore original infiltration rate.
(2) 
Additional guidance for the inspection, maintenance and repair of stormwater infiltration BMPs can be found in the New Jersey BMP Manual.
H. 
Maintenance guarantee.
(1) 
The applicant shall provide a maintenance guarantee in accordance with N.J.S.A. 40:55D-53 to ensure that all stormwater management measures required under the provisions of this chapter will be maintained in accordance with the specifications established herein.
(2) 
Additionally, for those stormwater management measures that are to be inspected, maintained and repaired by a public agency, the Borough of Westville shall collect an up-front fee from the applicant in the amount the Borough of Westville determines is needed to provide long-term inspection, maintenance and repair of all stormwater management measures. This up-front fee shall be placed in a dedicated cash management account and expended by the Borough of Westville for the sole purpose of conducting inspection, maintenance and repair activities for all stormwater management measures required under the applicant's major development application approval. The calculation of the fee shall be based upon the inspection, maintenance and repair plan (plan) required to be prepared by the applicant and approved by the Borough of Westville. The plan shall include an estimate of the present value of the cost to inspect, maintain and repair the stormwater management measure(s) in accordance with the plan for the useful life of those measure(s). The Borough of Westville shall furnish the applicant their published hourly rates as prescribed by their salary ordinance for public works' and other personnel having responsibilities associated with stormwater management. Added to this fee shall be an amount mutually determined by the Borough of Westville and the applicant to account for the reconstruction of stormwater management measures that are reasonably anticipated to be subject to long-term failure. After an agreed number of years, depending on the type of measure(s), the measure(s) will need to be reconstructed. The amount shall be based on the future value of the measure(s) being reconstructed. Both inflation rates and bank interest rates shall be based on the ten-year average published in the Wall Street Journal or other approved publication. Interest accruing in the account must also be accounted for at an agreed-upon interest rate, to arrive at an amount. The costs for reconstructing the measure(s) shall be taken from the engineer's probable cost estimate that is utilized to determine the amount of the required performance guarantee. It is acceptable to attach a percentage of failure to certain line items in the estimate.
(3) 
Additionally, for those stormwater management measures that are to be inspected, maintained and repaired by a homeowners' association, condominium association or some other form of nonpublic ownership, no fee shall be collected by the Borough of Westville. Instead, the ownership entity shall establish and maintain a fund for the annual inspection and testing program, annual maintenance and repair program and annual contribution to a contingency fund for long-term reconstruction.
(4) 
The initial costs agreed to for the annual inspection and testing program and annual maintenance and repair program shall be based upon actual itemized proposals offered to the applicant by prospective vendors. The annual cost expended on inspection, testing and maintenance shall be reported to the Borough of Westville to verify that maintenance is not being deferred and to inform the Borough of Westville on the magnitude of those services.
(5) 
The contingency fund shall require sufficient funds to be committed for long-term reconstruction of the stormwater management measure(s). Major reconstruction activities will necessitate proper financial planning. After an agreed number of years, depending on the type of measure(s), the measure(s) will need to be reconstructed. The contingency fund in the financial schedule shall be based on the future value of the measure being reconstructed. Both inflation rates and bank interest rates shall be based on the ten-year average published in the Wall Street Journal or other approved publication. Interest accruing in the account must also be accounted for at an agreed-upon interest rate, to arrive at an annual contribution amount.

§ 330-7 Definitions; word usage.

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 it's most reasonable application. When used in this chapter, the following terms shall have the meanings herein ascribed to them:
AQUACULTURE
The propagation, rearing and subsequent harvesting of aquatic organisms in controlled or selected environments and their subsequent processing, packaging and marketing, including but not limited to activities to intervene in the rearing process to increase production, such as stocking, feeding, transplanting and providing for protection from predators.
CERTIFICATION
A written statement signed and sealed by a licensed New Jersey professional engineer attesting that a BMP design or stormwater management system conforms to or meets a particular set of standards. Depending upon the context in which the term is used, the terms "certify" and "certified" shall be construed accordingly.
COMPACTION
The increase in soil bulk density caused by subjecting soil to greater-than-normal loading. Compaction can also decrease soil infiltration and permeability rates.
CONSTRUCTION
The construction, erection, reconstruction, alteration, conversion, demolition, removal or equipping of buildings, structures or components of a stormwater management system, including but not limited to collection inlets, stormwater piping, swales and all other conveyance systems, and stormwater BMPs.
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. 
A county planning agency; or
B. 
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.
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.
DESIGN PERMEABILITY
The tested permeability rate with a factor of safety of two applied to it (e.g., if the tested permeability rate of the soils is four inches per hour, the design rate would be two inches per hour).
A. 
The change of or enlargement of any use or disturbance of any land, the performance of any building or mining operation, the division of land into two or more parcels, and the creation or termination of rights of access or riparian rights, including but not limited to:
(1) 
A change in type of use of a structure or land;
(2) 
A reconstruction, alteration of the size, or material change in the external appearance of a structure or land;
(3) 
A material increase in the intensity of use of land, such as an increase in the number of businesses, manufacturing establishments, offices or dwelling units in a structure or on land;
(4) 
Commencement of resource extraction or drilling or excavation on a parcel of land;
(5) 
Demolition of a structure or removal of trees;
(6) 
Commencement of forestry activities;
(7) 
Deposit of refuse, solid or liquid waste or fill on a parcel of land;
(8) 
In connection with the use of land, the making of any material change in noise levels, thermal conditions, or emissions of waste material; and
(9) 
Alteration, either physically or chemically, of a shore, bank, or floodplain, seacoast, river, stream, lake, pond, wetland or artificial body of water.
B. 
In the case of development on agricultural land, i.e., lands used for an agricultural use or purpose as defined at N.J.A.C. 7:50-2.11, "development" means any activity that requires a state permit; any activity reviewed by the County Agricultural Boards (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.
DEVELOPMENT, MAJOR
Any development that provides for ultimately disturbing one or more acres of land. "Disturbance" for the purpose of this chapter is the placement of impervious surface or exposure and/or movement of soil or bedrock or clearing, cutting or removing of vegetation.
DEVELOPMENT, MINOR
All development other than major development.
DRAINAGE AREA
A geographic area within which stormwater, sediments, or dissolved materials drain to a BMP, a stormwater management system, a particular receiving water body or a particular point along a receiving water body.
ENVIRONMENTALLY CRITICAL AREA
An area or feature which is of significant environmental value, including but not limited to stream corridors; natural heritage priority sites; habitat of endangered or threatened animal species; threatened or endangered plants of the Pinelands, pursuant to N.J.A.C. 7:50-6.27(a); large areas of contiguous open space or upland forest; steep slopes; and wellhead protection and groundwater recharge areas. "Threatened and endangered habitat" constitutes habitat that is critical for the survival of a local population of threatened and endangered species or habitat that is identified using the Department's Landscape Project as approved by the Department's Endangered and Nongame Species Program, whichever is more inclusive.
EXCEPTION
The approval by the approving authority of a variance or other material departure from strict compliance with any section, part, phrase or provision of this chapter. An exception may be granted only under certain specific, narrowly-defined conditions described herein.
EXTENDED DETENTION BASIN
A facility constructed through filling and/or excavation that provides temporary storage of stormwater runoff. It has an outlet structure that detains and attenuates runoff inflows and promotes the settlement of pollutants. An extended detention basin is normally designed as a multistage facility that provides runoff storage and attenuation for both stormwater quality and quantity management. The term "stormwater detention basin" shall have the same meaning as "extended detention basin."
FINISHED GRADE
The elevation of the surface of the ground after completion of final grading, either via cutting, filling or a combination thereof.
GRADING
Modification of a land slope by cutting and filling with the native soil or redistribution of the native soil which is present at the site.
GROUNDWATER
Water below the land surface in a zone of saturation.
GROUNDWATER MOUNDING ANALYSIS
A test performed to demonstrate that the groundwater below a stormwater infiltration basin will not "mound up," encroach on the unsaturated zone, break the surface of the ground at the infiltration area or downslope, and create an overland flow situation.
HEAVY EQUIPMENT
Equipment, machinery, or vehicles that exert ground pressure in excess of eight pounds per square inch.
HIGH POLLUTANT LOADING AREA
An area in an industrial or commercial development site where solvents and/or petroleum products are loaded/unloaded, stored, or applied; where pesticides are loaded/unloaded or stored; 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; where recharge would be inconsistent with a NJDEP-approved remedial action work plan or landfill closure plan; and/or where a high risk exists for spills of toxic materials, such as gas stations and vehicle maintenance facilities. The term "HPLA" shall have the same meaning as "high pollutant loading area."
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 precipitation enters the soil through its surface.
IN-LIEU CONTRIBUTION
A monetary fee collected by the Borough of Westville in lieu of requiring strict on-site compliance with the groundwater recharge, stormwater runoff quantity and/or stormwater runoff quality standards established in this chapter.
INSTALL
To assemble, construct, put in place or connect components of a stormwater management system.
MITIGATION
Acts necessary to prevent, limit, remedy or compensate for conditions that may result from those cases where an applicant has demonstrated the inability or impracticality of strict compliance with the stormwater management requirements set forth in N.J.A.C. 7:8, in an adopted regional stormwater management plan, or in a local ordinance which is as protective as N.J.A.C. 7:8, and an exception from strict compliance is granted by the Borough of Westville.
NEW JERSEY STORMWATER BEST MANAGEMENT PRACTICES MANUAL
Guidance developed by the New Jersey Department of Environmental Protection, in coordination with the New Jersey Department of Agriculture, the New Jersey Department of Community Affairs, the New Jersey Department of Transportation, Municipal Engineers, county engineers, consulting firms, contractors, and environmental organizations to address the standards in the New Jersey Stormwater Management Rules, N.J.A.C. 7:8. The BMP Manual provides examples of ways to meet the standards contained in the rules. An applicant may demonstrate that other proposed management practices will also achieve the standards established in the rules. The Manual, and notices regarding future versions of the Manual, are available from the Division of Watershed Management, NJDEP, P.O. Box 418, Trenton, New Jersey 08625; and on the NJDEP's website, www.njstormwater.org. The term "New Jersey BMP Manual" shall have the same meaning as "New Jersey Stormwater Best Management Practices Manual."
NJDEP
The New Jersey Department of Environmental Protection.
NJPDES
The New Jersey Pollutant Discharge Elimination System, as set forth in N.J.S.A. 58:10A-1 et seq., and in N.J.A.C. 7:14A.
NJPDES PERMIT
A permit issued by the NJDEP pursuant to the authority of the Water Pollution Control Act, N.J.S.A. 58:10A-1 et seq., and N.J.A.C. 7:14A for a discharge of pollutants.
A. 
Any human-made or human-induced activity, factor, or condition, other than a point source, from which pollutants are or may be discharged;
B. 
Any human-made or human-induced activity, factor, or condition, other than a point source, that may temporarily or permanently change any chemical, physical, biological, or radiological characteristic of waters of the state from what was or is the natural, pristine condition of such waters or that may increase the degree of such change; or
C. 
Any activity, factor, or condition, other than a point source, that contributes or may contribute to water pollution.
D. 
The term "NPS" shall have the same meaning as "nonpoint source."
NONSTRUCTURAL BMP
A stormwater management measure, strategy or combination of strategies that reduces adverse stormwater runoff impacts through sound site planning and design. Nonstructural BMPs include such practices as minimizing site disturbance, preserving important site features, reducing and disconnecting impervious cover, flattening slopes, utilizing native vegetation, minimizing turf grass lawns, maintaining natural drainage features and characteristics and controlling stormwater runoff and pollutants closer to the source. The term "low-impact development technique" shall have the same meaning as "nonstructural BMP."
NUTRIENT
A chemical element or compound, such as nitrogen or phosphorus, which is essential to and promotes the development of organisms.
PERMEABILITY
The rate at which water moves through a saturated unit area of soil or rock material at hydraulic gradient of one, determined as prescribed in N.J.A.C. 7:9A-6.2 (tube permeameter test), N.J.A.C. 6.5 (pit bailing test) or N.J.A.C. 6.6 (piezometer test). Alternative permeability test procedures may be accepted by the approving authority, provided the test procedure attains saturation of surrounding soils, accounts for hydraulic head effects on infiltration rates, provides a permeability rate with units expressed in inches per hour and is accompanied by a published source reference. Examples of suitable sources include hydrogeology, geotechnical, or engineering text and design manuals, proceedings of American Society for Testing and Materials (ASTM) symposia, or peer-review journals. Neither a soil permeability class rating test, as described in N.J.A.C. 7:9A-6.3, nor a percolation test, as described in N.J.A.C. 7:9A-6.4, are acceptable tests for establishing permeability values for the purpose of complying with this chapter.
PERMEABLE
Having a permeability of one inch per hour or faster. The terms "permeable soil," "permeable rock" and "permeable fill" shall be construed accordingly.
PERSON
Any individual, corporation, company, partnership, firm, association, municipality 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.
PINELANDS CMP
The New Jersey Pinelands Comprehensive Management Plan (N.J.A.C. 7:50 1.1 et seq.).
PINELANDS COMMISSION or COMMISSION
The Commission created pursuant Section 5 of the Pinelands Protection Act, N.J.S.A. 13:18A-5.
POINT SOURCE
Any discernible, confined, and discrete conveyance, including, but not limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, landfill leachate collection system, vessel, or other floating craft, from which pollutants are or may be discharged. This term does not include return flows from irrigated agriculture.
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, suspended solids, cellar dirt, industrial, municipal, agricultural, 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.
PROFESSIONAL ENGINEER
A person licensed to practice professional engineering in the State of New Jersey pursuant to N.J.S.A. 45:8-27 et seq.[1]
RECHARGE
The amount of water from precipitation that infiltrates into the ground and is not evapotranspired.
REPLICATE
One of two or more soil samples or tests taken at the same location (within five feet of each other) and depth, within the same soil horizon or substratum. In the case of fill material, replicate tests are tests performed on subsamples of the same bulk sample packed to the same bulk density.
SAND
A particle size category consisting of mineral particles which are between 0.05 and 2.0 millimeters in equivalent spherical diameter. Also, a soil textural class having 85% or more of sand and a content of silt and clay such that the percentage of silt plus 1.5 times the percentage of clay does not exceed 15, as shown in § 330-10C(1) (USDA Soil Textural Triangle).
SEASONALLY HIGH-WATER TABLE
The upper limit of the shallowest zone of saturation which occurs in the soil, identified as prescribed in N.J.A.C. 7:9A-5.8.
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 which is not a rock substratum, including sediments below the biologically active and/or weathered zones.
SOURCE MATERIAL
Any material(s) or machinery, located at an industrial facility, which is directly or indirectly related to processing, 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 processing, manufacturing, or other industrial activities that are exposed to stormwater.
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 INFILTRATION BMP
A basin or other facility constructed within permeable soils that provides temporary storage of stormwater runoff. An infiltration BMP does not normally have a structural outlet to discharge runoff from the stormwater quality design storm. Instead, outflow from an infiltration BMP is through the surrounding soil. The terms "infiltration measure" and "infiltration practice" shall have the same meaning as "stormwater infiltration basin."
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. This includes, but is not limited to, structural and nonstructural stormwater best management practices described in the New Jersey BMP Manual and designed to meet the standards for stormwater control contained within this chapter. The terms "stormwater best management practice" and "stormwater BMP" shall have the same meaning as "stormwater management measure."
STORMWATER RUNOFF
Water flow on the surface of the ground or in storm sewers, resulting from precipitation.
SUITABLE SOIL
Unsaturated soil, above the seasonally high-water table, which contains less than 50% by volume of coarse fragments and which has a tested permeability rate of between one inch and 20 inches per hour.
SURFACE WATER
Any waters of the state which are not groundwater.
THE BOROUGH OF WESTVILLE
The Land Use Board or other board, agency or official of the Borough of Westville with authority to approve or disapprove subdivisions, site plans, construction permits, building permits or other applications for development approval. For the purposes of reviewing development applications and ensuring compliance with the requirements of this chapter, the Borough of Westville may designate the Municipal Engineer or other qualified designee to act on behalf of the Borough of Westville.
TIDAL FLOOD HAZARD AREA
A flood hazard area which may be influenced by stormwater runoff from inland areas but which is primarily caused by the Atlantic Ocean.
TIME OF CONCENTRATION
The time it takes for runoff to travel from the hydraulically most distant point of the drainage area to the point of interest within a watershed.
TOTAL SUSPENDED SOLIDS
The insoluble solid matter suspended in water and stormwater that is separable by laboratory filtration in accordance with the procedure contained in the "Standard Methods for the Examination of Water and Wastewater," prepared and published jointly by the American Public Health Association, American Water Works Association and the Water Pollution Control Federation. The term "TSS" shall have the same meaning as "total suspended solids."
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.
WATERS OF THE STATE
The ocean and its estuaries, all springs, streams and bodies of surface water and groundwater, whether natural or artificial, within the boundaries of New Jersey or subject to its jurisdiction.
WATER TABLE
The upper surface of a zone of saturation.
WELL
A bored, drilled or driven shaft, or a dug hole, which extends below the seasonally high-water table and which has a depth which is greater than its largest surface dimension.
WETLANDS
Those lands which are inundated or saturated by water at a magnitude, duration and frequency sufficient to support the growth of hydrophytes. Wetlands include lands with poorly drained or very poorly drained soils as designated by the National Cooperative Soils Survey of the Soil Conservation Service of the United States Department of Agriculture. Wetlands include coastal wetlands and inland wetlands, including submerged lands. The "New Jersey Pinelands Commission Manual for Identifying and Delineating Pinelands Area Wetlands: A Pinelands Supplement to the Federal Manual for Identifying and Delineating Jurisdictional Wetlands," dated January 1991, as amended, may be utilized in delineating the extent of wetlands based on the definitions of "wetlands" and "wetlands soils" contained in this section, N.J.A.C. 7:50 2.11, 6.4 and 6.5. The term "wetland" shall have the same meaning as "wetlands."
WET POND
A stormwater facility constructed through filling and/or excavation that provides both permanent and temporary storage of stormwater runoff. It has an outlet structure that creates a permanent pool and detains and attenuates runoff inflows and promotes the settling of pollutants. A stormwater retention basin can also be designed as a multistage facility that also provides extended detention for enhanced stormwater quality design storm treatment and runoff storage and attenuation for stormwater quantity management. The term "stormwater retention basin" shall have the same meaning as "wet pond."
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 330-8 Violations and penalties. [1]

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 the penalties as set forth in Chapter 1, Article I, § 1-15, General penalty.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 330-9 When effective.

This chapter shall take effect immediately upon the following: approval by the county review agency in accordance with N.J.S.A. 40:55D-97.

§ 330-10 Appendixes.

A. 
Methods for calculating groundwater recharge:
(1) 
The New Jersey Geological Survey Report GSR-32: A Method for Evaluating Ground-Water Recharge Areas in New Jersey; available at http://www.njgeology.org/geodata/dgs99-2.htm.
(2) 
The New Jersey Groundwater Recharge Spreadsheet (NJGRS); available in the New Jersey BMP Manual, Chapter 6, at http://www.njstormwater.org/bmp_manual2.htm.
B. 
NJDEP Nonstructural Strategies Point System. The New Jersey Stormwater Management Rules at N.J.A.C. 7:8-5.2(a) and § 330-4A of this chapter require nonstructural stormwater management strategies to be incorporated into the site design of a major development. A total of nine strategies are to be used to the maximum extent practical to meet the groundwater recharge, stormwater quality and stormwater quantity requirements of the rules prior to utilizing structural stormwater and management measures. The New Jersey Nonstructural Stormwater Management Strategies Point System (NSPS) provides a tool to assist planners, designers and regulators in determining that the strategies have been used to the maximum extent practical at a major development as required by the rules. Refer online to http://www.njstormwater.org for information on the NSPS.
C. 
Soils.
(1) 
USDA Soil Textural Triangle.
Source: United States Department of Agriculture.
(2) 
Definitions. For the purposes of this section, the following terms shall have the meanings herein ascribed to them:
A-HORIZON
The uppermost mineral horizon in a normal soil profile. The upper part of the A-horizon is characterized by maximum accumulation of finely divided, dark-colored organic residues, known as "humus," which are intimately mixed with the mineral particles of the soil.
ARTESIAN ZONE OF SATURATION
A zone of saturation which exists immediately below a hydraulically restrictive horizon and which has an upper surface which is at a pressure greater than atmospheric, either seasonally or throughout the year.
CHROMA
The relative purity or strength of a color, a quantity which decreases with increasing grayness. Chroma is one of the three variables of soil color as defined in the Munsell system of classification.
CLAY
A particle size category consisting of mineral particles which are smaller than 0.002 millimeter in equivalent spherical diameter. Also, a soil textural class having more than 40% clay, less than 45% sand, and less than 40% silt, as shown in § 330-10C(1) (USDA Soil Textural Triangle).
CLAY LOAM
A soil textural class having 27% to 40% clay and 20% to 45% sand, as shown in § 330-10C(1) (USDA Soil Textural Triangle).
COARSE FRAGMENT
A rock fragment contained within the soil which is greater than two millimeters in equivalent spherical diameter or which is retained on a two-millimeter sieve.
COUNTY SOIL SURVEY REPORT
A report prepared by the United States Department of Agriculture, Natural Resources Conservation Service, which includes maps showing the distribution of soil mapping units throughout a particular county, together with narrative descriptions of the soil series shown and other information relating to the uses and properties of the various soil series.
DIRECT SUPERVISION
Control over and direction of work carried out by others with full knowledge of and responsibility for such work.
EQUIVALENT SPHERICAL DIAMETER
Of a particle means the diameter of a sphere which has a volume equal to the volume of the particle.
EXCESSIVELY COARSE HORIZON
A horizon of limited thickness within the soil profile which provides inadequate removal of pollutants from stormwater due to a high coarse fragment content, excessively coarse texture and/or excessively rapid permeability.
EXCESSIVELY COARSE SUBSTRATUM
A substratum below the soil profile which extends beyond the depth of soil profile pits and borings and which provides inadequate removal of pollutants from stormwater due to a high coarse fragment content, excessively coarse texture and/or excessively rapid permeability.
EXTREMELY FIRM CONSISTENCE
A type of soil material whose moist aggregated mass crushes only under very strong pressure; cannot be crushed between the thumb and forefinger and shall be broken apart bit by bit.
FIRM CONSISTENCE
A type of soil material whose moist aggregated mass crushes under moderate pressure between the thumb and forefinger but resistance is distinctly noticeable.
HARD CONSISTENCE
A type of soil material whose dry aggregated mass is moderately resistant to pressure; can be broken in the hands without difficulty but is barely breakable between the thumb and forefinger.
HUE
The dominant spectral color, one of the three variables of soil color defined within the Munsell system of classification.
HYDRAULICALLY RESTRICTIVE HORIZON
A horizon within the soil profile which slows or prevents the downward or lateral movement of water and which is underlain by permeable soil horizons or substrata. Any soil horizon which has a saturated permeability less than 1.0 inch per hour is hydraulically restrictive.
HYDRAULICALLY RESTRICTIVE SUBSTRATUM
A substratum below the soil profile which slows or prevents the downward or lateral movement of water and which extends beyond the depth of profile pits or borings or to a massive substratum. A substratum which has a saturated permeability less than 1.0 inch per hour is hydraulically restrictive.
LOAMY SAND
A soil textural class, as shown in § 330-10C(1) (USDA Soil Textural Triangle), that has a maximum of 85% to 90% sand with a percentage of silt plus 1.5 times the percentage of clay not in excess of 15; or a minimum of 70% to 85% sand with a percentage of silt plus 1.5 times the percentage of clay not in excess of 30.
LOWER PLASTIC LIMIT
The moisture content corresponding to the transition between the plastic and semisolid states of soil consistency. This corresponds to the lowest soil moisture content at which the soil can be molded in the fingers to form a rod or wire, 1/8 inches in thickness, without crumbling.
MOTTLING
A color pattern observed in soil consisting of blotches or spots of contrasting color. The term "mottle" refers to an individual blotch or spot. The terms "color variegation," "iron depletion" and "iron concentration" are equivalent to the term "mottling." Mottling due to redoximorphic reactions is an indication of seasonal or periodic and recurrent saturation.
MUNSELL SYSTEM
A system of classifying soil color consisting of an alphanumeric designation for hue, value and chroma, such as "7.5 YR 6/2," together with a descriptive color name, such as "strong brown."
O-HORIZON
A surface horizon, occurring above the A-horizon in some soils, which is composed primarily of undecomposed or partially decomposed plant remains which have not been incorporated into the mineral soil.
PERCHED ZONE OF SATURATION
A zone of saturation which occurs immediately above a hydraulically restrictive horizon and which is underlain by permeable horizons or substrata which are not permanently or seasonally saturated.
PIEZOMETER
A device consisting of a length of metal or plastic pipe, open at the bottom or perforated within a specified interval, and used for the determination of depth to water, permeability or hydraulic head within a specific soil horizon or substratum.
PLATY STRUCTURE
Is characterized by a soil aggregate which has one axis distinctly shorter than the other two and are oriented with the short axis vertical.
REGIONAL ZONE OF SATURATION
A zone of saturation which extends vertically without interruption below the depth of soil borings and profile pits.
SANDY CLAY
A soil textural class having 35% or more of clay and 45% or more of sand, as shown in § 330-10C(1) (USDA Soil Textural Triangle).
SANDY LOAM
A soil textural class, as shown in § 330-10C(1) (USDA Soil Textural Triangle), that has a maximum of 20% clay, and the percentage of silt plus twice the percentage of clay exceeds 30, and contains 52% or more sand; or less than 7% clay, less than 50% silt, and between 43% and 52% sand.
SILT
A particle size category consisting of mineral particles which are between 0.002 and 0.05 millimeter in equivalent spherical diameter. It also means a soil textural class having 80% or more of silt and 12% or less of clay, as shown in § 330-10C(1) (USDA Soil Textural Triangle).
SILT LOAM
A soil textural class having 50% or more of silt and 12% to 27% of clay; or 50% to 80% of silt and less than 12% of clay, as shown in § 330-10C(1) (USDA Soil Textural Triangle).
SILTY CLAY
A soil textural class having 40% or more of clay and 40% or more of silt, as shown in § 330-10C(1) (USDA Soil Textural Triangle).
SILTY CLAY LOAM
A soil textural class having 27% to 40% of clay and less than 20% of sand, as shown in § 330-10C(1) (USDA Soil Textural Triangle).
SOIL AGGREGATE
A naturally occurring unit of soil structure consisting of particles of sand, silt, clay, organic matter, and coarse fragments held together by the natural cohesion of the soil.
SOIL COLOR
The soil color name and Munsell color designation determined by comparison of the moist soil with color chips contained in a Munsell soil color book.
SOIL CONSISTENCE
The resistance of a soil aggregate or clod to being crushed between the fingers or broken by the hands. Terms for describing soil consistence are in N.J.A.C. 7:9A-5.3(h).
SOIL HORIZON
A layer within a soil profile differing from layers of soil above and below it in one or more of the soil morphological characteristics, including color, texture, coarse fragment content, structure, consistence and mottling.
SOIL LOG
A description of the soil profile which includes the depth, thickness, color, texture, coarse fragment content, mottling, structure and consistence of each soil horizon or substratum.
SOIL MAPPING UNIT
An area outlined on a map in a county soil survey report and marked with a letter symbol designating a soil phase, a complex of two or more soil phases, or some other descriptive term where no soil type has been identified.
SOIL PHASE
A specific type of soil which is mapped by the Natural Resources Conservation Service and which belongs to a soil series described within the county soil survey report.
SOIL PROFILE
A vertical cross section of undisturbed soil showing the characteristic horizontal layers or horizons of the soil which have formed as a result of the combined effects of parent material, topography, climate, biological activity and time.
SOIL SERIES
A grouping of soil types possessing a specific range of soil profile characteristics which are described within the county soil survey report. Each soil series may consist of several soil phases which may differ in slope, texture of the surface horizon or stoniness.
SOIL STRUCTURAL CLASS
One of the shape classes of soil structure described in N.J.A.C. 7:9A-5.3(g).
SOIL STRUCTURE
The naturally occurring arrangement, within a soil horizon, of sand, silt and clay particles, coarse fragments and organic matter, which are held together in clusters or aggregates of similar shape and size.
SOIL TEST PIT
An excavation made for the purpose of exposing a soil profile which is to be described.
SOIL TEXTURAL CLASS
One of the classes of soil texture defined within the USDA system of classification. (Soil Survey Manual, Agricultural Handbook No. 18, USDA Soil Conservation Service, 1962.)
SOIL TEXTURE
The relative proportions of sand, silt and clay in that portion of the soil which passes through a sieve with two-millimeter openings.
STATIC WATER LEVEL
The depth below the ground surface or the elevation with respect to some reference level of the water level observed within a soil profile pit or boring, or within a piezometer, after this level has stabilized or become relatively constant with the passage of time.
SUBSTRATUM
A layer of soil or rock material present below the soil profile and extending beyond the depth of soil borings or profile pits.
UNSUITABLE SOIL
All soil other than suitable soil.
USDA SYSTEM OF CLASSIFICATION
The system of classifying soil texture used by the United States Department of Agriculture which defines 12 soil textural classes based upon the weight percentages of sand, silt and clay in that portion of the soil which passes through a sieve with two-millimeter openings. The soil textural classes are shown graphically on the USDA Soil Textural Triangle, as shown in § 330-10C(1).
VALUE
The relative lightness or intensity of a color, one of the three variables of soil color defined within the Munsell system of classification.
VERY FIRM CONSISTENCE
Is characterized by a moist soil which crushes under strong pressure; barely crushable between the thumb and forefinger.
VERY HARD CONSISTENCE
Is characterized by a dry soil which is resistant to pressure; can be broken in the hands only with difficulty; not breakable between the thumb and forefinger.
ZONE OF SATURATION
A layer within or below the soil profile which is saturated with groundwater either seasonally or throughout the year. This includes both regional and perched zones.
(3) 
Methods for assessing soil suitability for infiltration stormwater management BMPs. The results of a subsurface investigation shall serve as the basis for the site selection and design of stormwater infiltration BMPs. The subsurface investigation shall include, but not be limited to, a series of soil test pits and soil permeability tests conducted in accordance with the following:
(a) 
All soil test pits and soil permeability results shall be performed under the direct supervision of a professional engineer. All soil logs and permeability test data shall be accompanied by a certification by a professional engineer. The results and location (horizontal and vertical) of all soil test pits and soil permeability tests, both passing and failing, shall be reported to the Borough of Westville.
(b) 
During all subsurface investigations and soil test procedures, adequate safety measures shall be taken to prohibit unauthorized access to the excavations at all times. It is the responsibility of persons performing or witnessing subsurface investigations and soil permeability tests to comply with all applicable federal, state and local laws and regulations governing occupational safety.
(c) 
A minimum of two soil test pits shall be excavated within the footprint of any proposed infiltration BMP to determine the suitability and distribution of soil types present at the site. Placement of the test pits shall be within 20 feet of the basin perimeter, located along the longest axis bisecting the BMP. For BMPs larger than 10,000 square feet in area, a minimum of one additional soil test pit shall be conducted within each additional area of 10,000 square feet. The additional test pit(s) shall be placed approximately equidistant to other test pits, so as to provide adequate characterization of the subsurface material. In all cases, where soil and or groundwater properties vary significantly, additional test pits shall be excavated in order to accurately characterize the subsurface conditions below the proposed infiltration BMP. Soil test pits shall extend to a minimum depth of eight feet below the lowest elevation of the basin bottom or to a depth that is at least two times the maximum potential water depth in the proposed infiltration BMP, whichever is greater.
(d) 
A soil test pit log shall be prepared for each soil test pit. The test pit log shall, at a minimum, provide the elevation of the existing ground surface, the depth and thickness (in inches) of each soil horizon or substratum, the dominant matrix or background and mottle colors using the Munsell system of classification for hue, value and chroma, the appropriate textural class as shown on the USDA textural triangle, the volume percentage of coarse fragments (larger than two millimeters in diameter), the abundance, size, and contrast of mottles, the soil structure, soil consistence, and soil moisture condition, using standard USDA classification terminology for each of these soil properties. Soil test pit logs shall identify the presence of any soil horizon, substratum or other feature that exhibits an in-place permeability rate less than one inch per hour.
(e) 
Each soil test pit log shall report the depth to seasonally high water level, either perched or regional, and the static water level based upon the presence of soil mottles or other redoximorphic features, and observed seepage or saturation. Where redoxomorphic features, including soil mottles resulting from soil saturation, are present, they shall be interpreted to represent the depth to the seasonal high-water table unless soil saturation or seepage is observed at a higher level. When the determination of the seasonally high-water table shall be made in ground previously disturbed by excavation, direct observation of the static water table during the months of January through April shall be the only method permitted.
(f) 
Any soil horizon or substratum which exists immediately below a perched zone of saturation shall be deemed by rule to exhibit unacceptable permeability (less than one inch per hour). The perched zone of saturation may be observed directly, inferred based upon soil morphology or confirmed by performance of a hydraulic head test as defined at N.J.A.C. 7:9A-5.9.
(g) 
Stormwater infiltration BMPs shall not be installed in soils that exhibit artesian groundwater conditions. A permeability test shall be conducted in all soils that immediately underlie a perched zone of saturation. Any zone of saturation which is present below a soil horizon which exhibits an in-place permeability of less than 0.2 inches per hour shall be considered an artesian zone of saturation unless a minimum one-foot-thick zone of unsaturated soil, free of mottling or other redoximorphic features and possessing a chroma of four or higher, exists immediately below the unsuitable soil.
(h) 
A minimum of one permeability test shall be performed at each soil test pit location. The soil permeability rate shall be determined using test methodology as prescribed in N.J.A.C. 7:9A-6.2 (tube permeameter test), 6.5 (pit bailing test) or 6.6 (piezometer test). When the tube permeameter test is used, a minimum of two replicate samples shall be taken and tested. Alternative permeability test procedures may be accepted by the approving authority, provided the test procedure attains saturation of surrounding soils, accounts for hydraulic head effects on infiltration rates, provides a permeability rate with units expressed in inches per hour and is accompanied by a published source reference. Examples of suitable sources include hydrogeology, geotechnical or engineering text and design manuals, proceedings of American Society for Testing and Materials (ASTM) symposia, or peer-review journals. Neither a soil permeability class rating test, as described in N.J.A.C. 7:9A-6.3, nor a percolation test, as described in N.J.A.C. 7:9A-6.4, are acceptable tests for establishing permeability values for the purpose of complying with this chapter.
(i) 
Soil permeability tests shall be conducted on the most hydraulically restrictive horizon or substratum to be left in place below the basin as follows: Where no soil replacement is proposed, the permeability tests shall be conducted on the most hydraulically restrictive horizon or substratum within four feet of the lowest elevation of the basin bottom or to a depth equal to two times the maximum potential water depth within the basin, whichever is greater. Where soil replacement is proposed, the permeability tests shall be conducted within the soil immediately below the depth of proposed soil replacement or within the most hydraulically restrictive horizon or substratum to a depth equal to two times the maximum potential water depth within the basin, whichever is greater. Permeability tests may be performed on the most hydraulically restrictive soil horizons or substrata at depths greater than those identified above based upon the discretion of the design or testing engineer. The tested infiltration rate should then be divided by two to establish the soil's design permeability rate. Such division will provide a one-hundred-percent safety factor to the tested rate.
(j) 
The minimum acceptable tested permeability rate of any soil horizon or substratum shall be one inch per hour. Soil materials that exhibit tested permeability rates slower than one inch per hour shall be considered unsuitable for stormwater infiltration. The maximum reportable tested permeability rate of any soil horizon or substratum shall be no greater than 20 inches per hour, regardless of the rate attained in the test procedure.
(k) 
After all construction activities have been completed on the development site and the finished grade has been established in the infiltration BMP, a minimum of one permeability test shall be conducted within the most hydraulically restrictive soil horizon or substratum below the as-built BMP to ensure the performance of the infiltration BMP is as designed. Hand tools and manual permeability test procedures shall be used for the purpose of confirming BMP performance. In addition, the infiltration BMP shall be flooded with water sufficient to demonstrate the performance of the BMP. Test results shall be certified to the Municipal Engineer.
(l) 
A groundwater mounding analysis shall be provided for each stormwater infiltration BMP. The groundwater mounding analysis shall calculate the maximum height of the groundwater mound based upon the volume of the maximum design storm. The professional engineer conducting the analysis shall provide the Municipal Engineer with the methodology and supporting documentation for the mounding analysis used and shall certify to the Borough of Westville, based upon the analysis, that the groundwater mound will not cause stormwater or groundwater to break out to the land surface or cause adverse impact to adjacent surface water bodies, wetlands or subsurface structures, including but not limited to basements and septic systems. If there is more than one infiltration BMP proposed, the model shall indicate if and how the mounds will interact. The mounding analysis shall be calculated using the most restrictive soil horizon that will remain in place within the explored aquifer thickness, unless alternative analyses is authorized by the Municipal Engineer. The mounding analysis shall be accompanied by a cross section of the infiltration BMP and surrounding topography, and the mound analysis shall extend out to the point(s) at which the mound intersects with the preexisting maximum water table elevation.
(m) 
The applicant shall demonstrate that stormwater infiltration BMPs meet the seventy-two-hour drain time requirement established in § 330-5B(1) of this chapter.
D. 
Pretreatment measures for infiltration BMPs. By reducing incoming velocities and capturing coarser sediments, pretreatment can extend the functional life and increase the pollutant removal capability of infiltration measures. Therefore, the installation of pretreatment measures is recommended for all development sites. Pretreatment measures may include, but are not limited to, the following:
(1) 
Vegetative filter strips;
(2) 
Bioretention systems. Used in conjunction with a bioretention system, the infiltration basin takes the place of the standard underdrain;
(3) 
Sand filters;
(4) 
Grassed swales; and
(5) 
Detention basins.
E. 
Collection and conveyance.
(1) 
Bicycle-safe inlet grates. Site development plans that incorporate site design features that help 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 subsection, "solid and floatable materials" means sediment, debris, trash, and other floating, suspended, or settleable solids.
(a) 
Design engineers shall use either 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 (April 1996); 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 inch across the smallest dimension. 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 review agency determines that this standard would cause inadequate hydraulic performance that could not practicably be overcome by using additional or larger storm drain inlets that meet these standards.
[2] 
Where flows from the water quality design storm as specified in § 330-3 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 4 5/8 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 inch.
[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 § 330-3 of this chapter.
[4] 
Where the NJDEP 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.
(2) 
Catch basins. Catch basins are storm drain inlets with or without sumps. Catch basins may provide pretreatment for other stormwater BMPs by capturing large sediments. The sediment and pollutant removal efficiency of catch basins depends on the size of the sump and the performance of routine maintenance to retain the available sediment storage space in the sump. Where catch basins with sumps are proposed, the minimum two-foot separation between the bottom of the sump and seasonally high-water table shall be provided.
(3) 
Open or perforated conveyance piping. Where adequate separation to the seasonal high-water table exists, stormwater from the development site may be conveyed to a stormwater basin via a system of perforated pipes. These pipes may be made of PVC or corrugated metal and are available with perforations of varying size and spacing. Perforated pipe specifications shall be certified by a professional engineer. A professional engineer shall certify that perforated conveyance piping will not act to intercept the seasonal high-water table and convey groundwater to the stormwater basin. All open or perforated stormwater conveyance systems shall be installed with a minimum separation of two feet from the seasonal high-water table.

§ 330-11 Additional sources for technical guidance.

A. 
NJDEP technical guidance sources:
(1) 
New Jersey BMP Manual: available from the Division of Watershed Management, New Jersey Department of Environmental Protection, P.O. Box 418, Trenton, New Jersey 08625; or online at http://www.njstormwater.org.
(2) 
NJDEP Stormwater Management Facilities Maintenance Manual: available from the Division of Watershed Management, New Jersey Department of Environmental Protection, P.O. Box 418, Trenton, New Jersey 08625; or online at http://njedl.rutgers.edu/ftp/PDFs/1188.pdf.
B. 
Additional guidance sources:
(1) 
New Jersey Pinelands Commission, P.O. Box 7, 15 Springfield Road, New Lisbon, New Jersey 08064; phone: 609-894-7300; website: http://www.state.nj.us/pinelands.
(2) 
State Soil Conservation Committee Standards for Soil Erosion and Sediment Control in New Jersey: available from all State Soil Conservation Districts, including Burlington County Soil Conservation District, Tiffany Square, Suite 100, 1289 Route 38, Hainesport, New Jersey 08036; phone: 609-267-7410; fax: 609-267-3347; website: http://bscd.org.
(3) 
State Soil Conservation Districts.
(4) 
New Jersey Department of Transportation, P.O. Box 600, Trenton, NJ 08625-0600; phone: 609-530-3536; website: http://www.state.nj.us/transportation.