[HISTORY: Adopted by the Township Committee
of the Township of Lacey 5-11-2006 by Ord. No. 2006-23; amended in its entirety 2-25-2021 by Ord. No. 2021-07. Subsequent amendments noted where applicable.]
A.
Policy statement. Flood control, groundwater recharge, and pollutant
reduction through nonstructural or low-impact techniques shall be
explored before relying on structural BMPs. Structural BMPs should
be integrated with nonstructural stormwater management strategies
and proper maintenance plans. Nonstructural strategies include both
environmentally sensitive site design and source controls that prevent
pollutants from being placed on the site or from being exposed to
stormwater. Source control plans should be developed based upon physical
site conditions and the origin, nature, and the anticipated quantity
or amount of potential pollutants. GI BMPs and low-impact development
(LID) should be utilized to meet the goal of maintaining natural hydrology
to reduce stormwater runoff volume, reduce erosion, encourage infiltration
and groundwater recharge, and reduce pollution. GI BMPs and LID should
be developed based upon physical site conditions and the origin, nature
and the anticipated quantity, or amount, of potential pollutants.
Multiple stormwater management BMPs may be necessary to achieve the
established performance standards for water quality, quantity, and
groundwater recharge. It should be noted that this regulation applies
only to projects meeting the criteria for major development or with
areas designated as urban redevelopment areas, as identified in this
chapter. Projects that are not major development or with areas designated
as urban redevelopment areas shall be reviewed under existing Lacey
Township ordinances, including but not limited to the following:
B.
Purpose. It is the purpose of this chapter to establish minimum stormwater management requirements and controls for major development, and the redevelopment of sites within areas designated as urban redevelopment areas as defined in § 291-2 and to provide for the incorporation of nonstructural and/or low-impact stormwater management techniques for improvements requiring site plan approval for development.
C.
Applicability.
(1)
This chapter shall be applicable to all site plans and subdivisions
for the following major development and all development within urban
redevelopment areas, as defined in this section, that require preliminary
or final site plan, minor 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.
(c)
Site plans for nonresidential development in an urban redevelopment
area, as defined in this section. For purposes of this section, the
incorporation of the following design elements, subject to the determination
by the reviewing board engineer, may meet this requirement.
[1]
Incorporation of roof drainage directly to dry wells, rain barrels
or planting beds;
[2]
Intercept runoff from driveways draining into public roads or
rights-of-way and direct into landscape strips, bioswales or rain
gardens;
[3]
Direct runoff from parking lots into landscape strips, bioswales
or rain gardens;
[4]
The use of other innovative stormwater management techniques
which reduce site runoff and improve runoff quality.
(2)
This chapter shall also be applicable to all major developments undertaken
by Lacey Township.
D.
Compatibility with other permit and ordinance requirements. Development
approvals issued for subdivisions and site plans pursuant to this
chapter are to be considered an integral part of development approvals
under the subdivision and site plan review process and do not relieve
the applicant of the responsibility to secure required permits or
approvals for activities regulated by any other applicable code, rule,
act, or ordinance. In their interpretation and application, the provisions
of this chapter shall be held to be the minimum requirements for the
promotion of the public health, safety, and general welfare. This
chapter is not intended to interfere with, abrogate, or annul any
other ordinance, rule or regulation, statute, or other provision of
law except that, where any provision of this chapter imposes restrictions
different from those imposed by any other ordinance, rule or regulation,
or other provision of law, the more restrictive provisions or higher
standards shall control.
Unless specifically defined below, words or phrases used in
this chapter shall be interpreted so as to give them the meaning they
have in common usage and to give this chapter its most reasonable
application. The definitions below are the same as or based on the
corresponding definitions in the Stormwater Management Rules at N.J.A.C.
7:8-1.2. unless modified specifically for Lacey Township:
Best management practices.
Those areas with boundaries incorporated by reference or
revised by the Department in accordance with N.J.A.C. 7:7-13.16.
The map used by the Department to identify the location of
the Coastal Planning Areas, CAFRA centers, CAFRA cores, and CAFRA
nodes. The CAFRA Planning Map is available on the Department's
Geographical Information System (GIS)
An infiltration system, sand filter designated to infiltrate,
standard constructed wetland, or wet pond, established in accordance
with N.J.A.C. 7:8-4.2(c)14, that is designed and constructed in accordance
with the New Jersey Stormwater Best Management Practices Manual, or
an alternate design, approved in accordance with N.J.A.C. 7:8-5.2(g),
for an infiltration system, sand filter designed to infiltrate, standard
constructed wetland, or wet pond and that complies with the requirement
of this chapter.
The increase in soil bulk density.
The area from which stormwater runoff drains to a stormwater
management measure, not including the area of the stormwater management
measure itself.
A pedestrian-oriented area of commercial and civic uses serving
the surrounding municipality, generally including housing and access
to public transportation.
An agency designated by the Board of County Commissioners
to review municipal stormwater management plans and implementing ordinance(s).
The county review agency may either be:
The New Jersey Department of Environmental Protection.
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.
A State Development and Redevelopment Plan Center as designated
by the State Planning Commission, such as urban, regional, town, village,
or hamlet.
The division of a parcel of land into two or more parcels,
the construction, reconstruction, conversion, structural alteration,
relocation or enlargement of any building or structure, any mining
excavation or landfill, and any use or change in the use of any building
or other structure, or land or extension of use of land, by any person,
for which permission is required under the Municipal Land Use Law,
N.J.S.A. 40:55D-1 et seq. In the case of development of agricultural
lands, "development" means any activity that requires a state permit;
any activity reviewed by the County Agricultural Board (CAB) and the
State Agricultural Development Committee (SADC), and municipal review
of any activity not exempted by the Right to Farm Act, N.J.S.A. 4:1C-1
et seq.
The placement or reconstruction of impervious surface or
motor vehicle surface, or exposure and/or movement of soil or bedrock
or clearing, cutting, or removing of vegetation. Milling and repaving
is not considered disturbance for the purposes of this definition.
A geographic area within which stormwater, sediments, or
dissolved materials drain to a particular receiving water body or
to a particular point along a receiving water body.
A neighborhood designated by the Urban Coordinating Council
"in consultation and conjunction with" the New Jersey Redevelopment
Authority pursuant to N.J.S.A. 55:19-69.
The following areas where the physical alteration of the
land is in some way restricted, either through regulation, easement,
deed restriction or ownership, such as wetlands, floodplains, threatened
and endangered species sites or designated habitats, and parks and
preserves. Habitats of endangered or threatened species are identified
using the Department's Landscape Project as approved by the Department's
Endangered and Nongame Species Program.
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 species; large
areas of contiguous open space or upland forest; steep slopes; and
wellhead protection and groundwater recharge areas. Habitats of endangered
or threatened species are identified using the Department's Landscape
Project as approved by the Department's Endangered and Nongame
Species Program.
The detachment and movement of soil or rock fragments by
water, wind, ice or gravity.
A stormwater management measure that manages stormwater close
to its surface by:
An area within which water drains to a particular receiving
surface water body, also known as a subwatershed, which is identified
by a fourteen-digit hydrologic unit boundary designation, delineated
within New Jersey by the United States Geological Survey.
A surface that has been covered with a layer of material
so that it is highly resistant to infiltration by water.
The process by which water seeps into the soil from precipitation.
One or more public entities having stormwater management
planning authority designated by the regional stormwater management
planning committee pursuant to N.J.A.C. 7:8-3.2, that serves as the
primary representative of the committee.
An individual development as well as multiple developments that
individually or collectively result in:
The disturbance of one or more acres of land since February
2, 2004.
The creation of 1/4 acre or more of regulated impervious surface
since February 2, 2004.
The creation of 1/4 acre or more of regulated motor vehicle
surface since March 2,2021 (or the effective date of this chapter,
whichever is earlier); or
Major development includes all developments that are part of a common plan of development or sale (for example, phased residential development) that collectively or individually meet any one or more of Subsection A(1), (2), (3) or (4) above. Projects undertaken by any government agency that otherwise meet the definition of "major development" but which do not require approval under the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., are also considered major development.
Land vehicles propelled other than by muscular power, such
as automobiles, motorcycles, autocycles, and low-speed vehicles. For
the purpose of this definition, motor vehicle does not include farm
equipment, snowmobiles, all-terrain vehicles, motorized wheelchairs,
go-carts, gas buggies, golf carts, ski-slope-grooming machines, or
vehicles that only run on rails or tracks.
Lacey Township.
The manual maintained by the Department providing, in part, design specifications, removal rates, calculation methods, and soil-testing procedures approved by the Department as being capable of contributing to the achievement of the stormwater management standards specified in this chapter. The BMP Manual is periodically amended by the Department as necessary to provide design specifications on additional best management practices and new information on already-included practices reflecting the best available current information regarding the particular practice and the Department's determination as to the ability of that best management practice to contribute to compliance with the standards contained in this chapter. Alternative stormwater management measures, removal rates, or calculation methods may be utilized, subject to any limitations specified in this chapter, provided the design engineer demonstrates to the municipality, in accordance with § 291-4F of this chapter and N.J.A.C. 7:8-5.2(g), that the proposed measure and its design will contribute to achievement of the design and performance standards established by this chapter.
An area designated by the State Planning Commission concentrating
facilities and activities which are not organized in a compact form.
A chemical element or compound, such as nitrogen or phosphorus,
which is essential to and promotes the development of organisms.
Any individual, corporation, company, partnership, firm,
association, Lacey Township, 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.
Any dredged spoil, solid waste, incinerator residue, filter
backwash, sewage, garbage, refuse, oil, grease, sewage sludge, munitions,
chemical wastes, biological materials, medical wastes, radioactive
substance [except those regulated under the Atomic Energy Act of 1954,
as amended (42 U.S.C. 2011 et seq.)], thermal waste, wrecked or discarded
equipment, rock, sand, cellar dirt, industrial, municipal, agricultural,
and construction waste or runoff, or other residue discharged directly
or indirectly to the land, groundwaters or surface waters of the state,
or to a domestic treatment works. Pollutant includes both hazardous
and nonhazardous pollutants.
The amount of water from precipitation that infiltrates into
the ground and is not evapotranspired.
Any of the following, alone or in combination:
A net increase of impervious surface.
The total area of impervious surface collected by a new stormwater
conveyance system (for the purpose of this definition, a "new stormwater
conveyance system" is a stormwater conveyance system that is constructed
where one did not exist immediately prior to its construction or an
existing system for which a new discharge location is created).
The total area of impervious surface proposed to be newly collected
by an existing stormwater conveyance system; and/or
The total area of the impervious surface collected by an existing
stormwater conveyance system where the capacity of that conveyance
system is increased.
Any of the following, alone or in combination:
The total area of the motor vehicle surface that is currently
receiving water;
A net increase in motor vehicle surface and/or quality treatment
either by vegetation or soil, by an existing stormwater management
measure, or by treatment at a wastewater treatment plant, where the
water quality treatment will be modified or removed.
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.
The lot or lots upon which a major development is to occur
or has occurred.
All unconsolidated mineral and organic material of any origin.
Debris and materials over one-half-inch diameter that are
routinely carried through stormwater collection and treatment systems
in the absence of proper source controls.
Nonstructural (maintenance) or structural (physical) techniques
implemented to reduce the quantity of, and pollutants in, post-development
stormwater runoff as well as to improve its water quality.
An area delineated on the State Plan Policy Map and adopted
by the State Planning Commission that is intended to be the focus
for much of the state's future redevelopment and revitalization
efforts.
The geographic application of the State Development and Redevelopment
Plan's goals and statewide policies, and the Official Map of
these goals and policies.
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.
An excavation or embankment and related areas designed to
retain stormwater runoff. A stormwater management BMP may either be
normally dry (that is, a detention basin or infiltration system),
retain water in a permanent pool (a retention basin), or be planted
mainly with wetland vegetation (most contracted stormwater wetlands)
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.
A public body authorized by legislation to prepare stormwater
management plans.
The geographical area for which a stormwater management planning
agency is authorized to prepare a stormwater management plan, or a
specific portion of that area identified in a stormwater management
plan prepared by that agency.
Water flow on the surface of the ground or in storm sewers,
resulting from precipitation.
Includes underground structural drainage techniques that
collect stormwater and allow for recharge of post-development stormwater
ground at a controlled rate. Systems include but are not limited to
trench recharge systems, dry wells, and underground retention systems.
A flood hazard area in which the flood elevation resulting
from the two-, ten-, or 100-year storm, as applicable, is governed
by tidal flooding from the Atlantic Ocean. Flooding in a tidal flood
hazard area may be contributed to, or influenced by, stormwater runoff
from inland areas, but the depth of flooding generated by the tidal
rise and fall of the Atlantic Ocean is greater than flooding from
any fluvial sources. In some situations, depending upon the extent
of the storm surge from a particular storm event, a flood hazard area
may be tidal in the 100-year storm, but fluvial in more-frequent storm
events.
The time required for a drop of water within a drainage area
to travel from the most hydrologically remote point in the drainage
area to the point of collection.
A neighborhood given priority access to state resources through
the New Jersey Redevelopment Authority.
A zone designated by the New Jersey Enterprise Zone Authority
pursuant to the New Jersey Urban Enterprise Zones Act, N.J.S.A. 52:27H-60
et seq.
Previously developed portions of areas:
A structure within, or adjacent to, a water, which intentionally
or coincidentally alters the hydraulic capacity, the flooding resulting
from the two-, ten-, or 100-year storm, flood hazard area limit, and/or
floodway limit of the water. Examples of a water-control structure
may include a bridge, culvert, dam, embankment, ford (if above grade),
retaining wall, and weir.
The ocean and its estuaries, all springs, streams, wetlands,
and bodies of surface water or groundwater, whether natural or artificial,
within the boundaries of the State of New Jersey or subject to its
jurisdiction.
An area that is inundated or saturated by surface water or
groundwater at a frequency and duration sufficient to support, and
that under normal circumstances does support, a prevalence of vegetation
typically adapted for life in saturated soil conditions, commonly
known as "hydrophytic vegetation."
A.
Stormwater management measures for major development shall be designed
to provide erosion control, groundwater recharge, stormwater runoff
quantity control, and stormwater runoff quality treatment in accordance
with this chapter and as follows:
(1)
The minimum standards for erosion control are those established under
the Soil and Sediment Control Act, N.J.S.A. 4:24-39 et seq., and implementing
rules at N.J.A.C. 2:90.
(2)
The minimum standards for groundwater recharge, stormwater quality,
and stormwater runoff quality shall be met by incorporating green
infrastructure.
B.
The standards in this chapter apply only to new major development
and are intended to minimize the impact of stormwater runoff on water
quality and water quantity in receiving water bodies and maintain
groundwater recharge. The standards do not apply to new major development
to the extent that alternative design and performance standards are
applicable under a regional stormwater management plan or water quality
management plan adopted in accordance with Department rules. It should
be noted that this regulation applies only to projects meeting the
major development criteria as identified in this chapter. Projects
that do not meet major development criteria will be reviewed exclusively
under existing Lacey Township ordinances, including but not limited
to the following:
A.
The development shall incorporate a maintenance plan for the stormwater management measures incorporated into the design of a major development in accordance with § 291-10.
B.
Stormwater management measures shall avoid adverse impacts of concentrated
flow on habitat for threatened and endangered species as documented
in the Department's Landscape Project or Natural Heritage Database
established under N.J.S.A. 13:1B-15.147 through 13:1B-15.150, particularly
Helonias bullata (swamp pink) and/or Clemmys muhlnebergi (bog turtle).
C.
The following linear development projects are exempt from the groundwater
recharge, stormwater runoff quantity, and stormwater runoff quality
requirements of this chapter.
(1)
The construction of an underground utility line, provided that the
disturbed areas are revegetated upon completion;
(2)
The construction of an aboveground utility line, provided that the
existing conditions are maintained to the maximum extent practicable;
and
(3)
The construction of a public pedestrian access, such as a sidewalk
or trail with a maximum width of 14 feet, provided that the access
is made of permeable material.
D.
A waiver from strict compliance with the groundwater recharge, stormwater
runoff quantity, and stormwater runoff quality requirements of this
chapter may be obtained for the enlargement of an existing public
roadway or railroad; or the construction or enlargement of a public
pedestrian access, provided that the following conditions are met:
(1)
The applicant demonstrates that there is a public need for the project
that cannot be accomplished by any other means;
(2)
The applicant demonstrates through an alternatives analysis that
through the use of nonstructural and structural stormwater management
strategies and measures the option selected complies with the requirements
of this chapter to the maximum extent practicable;
(3)
The applicant demonstrates that, in order to meet the requirements
of this chapter, existing structures currently in use, such as homes
and buildings, would need to be condemned; and
(4)
The applicant demonstrates that it does not own or have other rights to areas, including the potential to obtain through condemnation lands not falling under § 291-4D(3) above within the upstream drainage area of the receiving stream, that would provide additional opportunities to mitigate the requirements of this chapter that were not achievable on-site.
E.
Tables 1 through 3 below summarize the ability of stormwater best management practices identified and described in the New Jersey Stormwater Best Management Practices Manual to satisfy the green infrastructure, groundwater recharge, stormwater runoff quality and stormwater runoff quantity standards specified in § 291-4O, P, Q and R. When designed in accordance with the most current version of the New Jersey Stormwater Best Management Practices Manual, the stormwater management measures found at N.J.A.C. 7:8-5.2(f) Tables 5-1, 5-2 and 5-3 and listed below in Tables 1, 2 and 3 are presumed to be capable of providing stormwater controls for the design and performance standards as outlined in the tables below. Upon amendments of the New Jersey Stormwater Best Management Practices to reflect additions or deletions of BMPs meeting these standards, or changes in the presumed performance of BMPs designed in accordance with the New Jersey Stormwater BMP Manual, the Department shall publish in the New Jersey Registers a notice of administrative change revising the applicable table. The most current version of the BMP Manual can be found on the Department's website at: https://njstormwater.org/bmp_manual2.htm.
F.
Where the BMP tables in the New Jersey Stormwater Management Rule
are different due to updates or amendments with the tables in this
chapter the BMP Tables in the Stormwater Management Rule at N.J.A.C.
7:8-5.2(f) shall take precedence.
|
Table 1
| ||||
|---|---|---|---|---|
|
Green Infrastructure BMPs for Groundwater Recharge, Stormwater
Runoff Quality, and/or Stormwater Runoff Quantity
| ||||
|
Best Management Practice
|
Stormwater Runoff Quality TSS Removal Rate
(percent)
|
Stormwater Runoff Quantity
|
Groundwater Recharge
|
Minimum Separation from Seasonal High-Water Table
(feet)
|
|
Cistern
|
0%
|
Yes
|
No
|
—
|
|
Dry Well(a) 0
|
No
|
Yes
|
2
| |
|
Grass Swale
|
50% or less
|
No
|
No
|
2(e)
1(f)
|
|
Green Roof
|
0%
|
Yes
|
No
|
—
|
|
Manufactured Treatment Device(a) (g) 50 or 80
|
No
|
No
|
Dependent upon the device
| |
|
Pervious Paving System(a)
|
80%
|
Yes
|
Yes(b)
No(e)
|
2(b)
1(c)
|
|
Small-Scale Bioretention Basin(a)
|
80% or 90%
|
Yes
|
Yes(b
No(c)
|
2(b)
1(c)
|
|
Small-Scale Infiltration Basin(a)
|
80%
|
Yes
|
Yes
|
2
|
|
Small-Scale Sand Filter
|
80%
|
Yes
|
Yes
|
2
|
|
Vegetative Filter Strip
|
60% to 80%
|
No
|
No
|
—
|
|
Table 2
| ||||
|---|---|---|---|---|
|
Green Infrastructure BMPs for Stormwater Runoff Quantity (or
for Groundwater Recharge and/or Stormwater Runoff Quality with a Waiver
or Variance from N.J.A.C. 7:8-5.3)
| ||||
|
Best Management Practice
|
Stormwater Runoff Quality TSS Removal Rate
(percent)
|
Stormwater Runoff Quantity
|
Groundwater Recharge
|
Minimum Separation from Seasonal High-Water Table
(feet)
|
|
Bioretention System
|
80% or 90%
|
Yes
|
Yes(b)
No(c)
|
2(b)
1(c)
|
|
Infiltration Basin
|
80%
|
Yes
|
Yes
|
2
|
|
Sand Filter(b)
|
80%
|
Yes
|
Yes
|
2
|
|
Standard Constructed Wetland
|
90%
|
Yes
|
No
|
N/A
|
|
Wet Pond(d)
|
50% to 90%
|
Yes
|
No
|
N/A
|
|
Table 3
| ||||
|---|---|---|---|---|
|
BMPs for Groundwater Recharge, Stormwater Runoff Quality, and/or
Stormwater Runoff Quantity only with a Waiver or Variance from N.J.A.C.
7:8-5.3
| ||||
|
Best Management Practice
|
Stormwater Runoff Quality TSS Removal Rate
(percent)
|
Stormwater Runoff Quantity
|
Groundwater Recharge
|
Minimum Separation from Seasonal High-Water Table
(feet)
|
|
Blue Roof
|
0%
|
Yes
|
No
|
N/A
|
|
Extended Detention Basin
|
40% to 60%
|
Yes
|
No
|
1
|
|
Manufactured Treatment Device(h)
|
50% or 80%
|
No
|
No
|
Dependent upon the device
|
|
Sand Filter(c)
|
80%
|
Yes
|
No
|
1
|
|
Subsurface Gravel Wetland
|
90%
|
No
|
No
|
1
|
|
Wet Pond
|
50% to 90%
|
Yes
|
No
|
N/A
|
|
Notes to Tables 1, 2, and 3:
| |
|
(a)
|
Subject to the applicable contributory drainage area limitation specified at § 291-4P(2);
|
|
(b)
|
Designed to infiltrate into the subsoil;
|
|
(c)
|
Designed with underdrains;
|
|
(d)
|
Designed to maintain at least a ten-foot-wide area of native
vegetation along at least 50% of the shoreline and to include a stormwater
runoff retention component designed to capture stormwater runoff for
beneficial reuse, such as irrigation;
|
|
(e)
|
Designed with a slope of less than 2%;
|
|
(f)
|
Designed with a slope of equal to or greater than 2%;
|
|
(g)
|
Manufactured treatment devices that meet the definition of green
infrastructure;
|
|
(h)
|
Manufactured treatment devices that do not meet the definition
of green infrastructure.
|
G.
An alternative stormwater management measure, alternative removal rate, and/or alternative method to calculate the removal rate may be used if the design engineer demonstrates the capability of the proposed alternative stormwater management measure and/or the validity of the alternative rate or method to the municipality. A copy of any approved alternative stormwater management measure, alternative removal rate, and/or alternative method to calculate the removal rate shall be provided to the Department in accordance with § 291-6B. Alternative stormwater management measures may be used to satisfy the requirements at § 291-4P only if the measures meet the definition of green infrastructure. Alternative stormwater management measures that function in a similar manner to a BMP listed at § 291-4P(2) are subject to the contributory drainage area limitation specified at § 291-4P(2) for that similarly functioning BMP. Alternative stormwater management measures approved in accordance with this subsection that do not function in a similar manner to any BMP listed at § 291-4P(2) shall have a contributory drainage area less than or equal to 2.5 acres, except for alternative stormwater management measures that function similarly to cisterns, grass swales, green roofs, standard constructed wetlands, vegetative filter strips, and wet ponds, which are not subject to a contributory drainage area limitation. Alternative measures that function similarly to standard constructed wetlands or wet ponds shall not be used for compliance with the stormwater runoff quality standard unless a variance in accordance with N.J.A.C. 7:8-4.6 or a waiver from strict compliance in accordance with Section § 291-4D is granted from§ 291-4P.
H.
Whenever the stormwater management design includes one or more BMPs
that will infiltrate stormwater into subsoil, the design engineer
shall assess the hydraulic impact on the groundwater table and design
the site so as to avoid adverse hydraulic impacts. Potential adverse
hydraulic impacts include, but are not limited to, exacerbating a
naturally or seasonally high-water table, so as to cause surficial
ponding, flooding of basements, or interference with the proper operation
of subsurface sewage disposal systems or other subsurface structures
within the zone of influence of the groundwater mound, or interference
with the proper functioning of the stormwater management measure itself.
I.
Design standards for stormwater management measures are as follows:
(1)
Stormwater management measures shall be designed to take into account
the existing site conditions, including, but not limited to, environmentally
critical areas; wetlands; flood-prone areas; slopes; depth to seasonal
high-water table; soil type, permeability, and texture; drainage area
and drainage patterns; and the presence of solution-prone carbonate
rocks (limestone);
(2)
Stormwater management measures shall be designed to minimize maintenance, facilitate maintenance and repairs, and ensure proper functioning. Trash racks shall be installed at the intake to the outlet structure, as appropriate, and shall have parallel bars with one-inch spacing between the bars to the elevation of the water quality design storm. For elevations higher than the water quality design storm, the parallel bars at the outlet structure shall be spaced no greater than 1/3 the width of the diameter of the orifice or 1/3 the width of the weir, with a minimum spacing between bars of one inch and a maximum spacing between bars of six inches. In addition, the design of trash racks must comply with the requirements of § 291-8C;
(3)
Stormwater management measures shall be designed, constructed, and
installed to be strong, durable, and corrosion resistant. Measures
that are consistent with the relevant portions of the Residential
Site Improvement Standards at N.J.A.C. 5:21-7.3, 5:21-7.4, and 5:21-7.5
shall be deemed to meet this requirement;
(4)
Stormwater management BMPs shall be designed to meet the minimum safety standards for stormwater management BMPs at § 291-8; and
(5)
The size of the orifice at the intake to the outlet from the stormwater
management BMP shall be a minimum of 2 1/2 inches in diameter.
J.
Nonstructural stormwater management strategies.
(1)
To the maximum extent practicable, the standards in § 291-4P, Q and R shall be met by incorporating nonstructural stormwater management strategies set forth below into the design. The applicant shall identify the nonstructural measures incorporated into the design of the project. Where an applicant contends that it is not feasible for engineering, environmental, or safety reasons to incorporate any nonstructural stormwater management measures identified in Subsection J(2) below into the design of a particular project, the applicant shall request a waiver of this requirement from the review board. Any waiver requested shall be supported with adequate detail, as determined by the Land Use Board Engineer, for the Engineer to make a recommendation to the review board as to whether the requirements of the ordinance be waived for engineering, environmental or safety reasons.
(2)
Nonstructural stormwater management strategies incorporated into
site design shall:
(a)
Protect areas that provide water quality benefits or areas particularly
susceptible to erosion and sediment loss.
(b)
Minimize impervious surfaces and break up or disconnect the
flow of runoff over impervious surfaces;
(c)
Maximize the protection of natural drainage features and vegetation;
(d)
Minimize the decrease in the preconstruction time of concentration
to post-construction. "Time of concentration" is defined as the time
it takes for runoff to travel from the hydraulically most distant
point of the watershed to the point of interest within a watershed;
(e)
Minimize land disturbance, including clearing and grading;
(f)
Minimize soil compaction;
(g)
Provide low-maintenance landscaping that encourages retention
and planting of native vegetation and minimizes the use of lawns,
fertilizers and pesticides;
(h)
Provide vegetated open-channel conveyance systems discharging
into and through stable vegetated areas;
(i)
Provide other source controls to prevent or minimize the use
or exposure of pollutants at the site, in order to prevent or minimize
the release of those pollutants into stormwater runoff. Such source
controls include, but are not limited to:
[1]
Site design features that help to prevent accumulation of trash
and debris in drainage systems, including features that satisfy below;
[2]
Site design features that help to prevent discharge of trash
and debris from drainage systems;
[3]
Site design features that help to prevent and/or contain spills
or other harmful accumulations of pollutants at industrial or commercial
developments; and
[4]
When establishing vegetation after land disturbance, 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.
K.
Manufactured treatment devices may be used to meet the requirements of this section, provided the pollutant removal rates are verified by the New Jersey Corporation for Advanced Technology and certified by the Department. Manufactured treatment devices that do not meet the definition of green infrastructure at § 291-2 may be used only under the circumstances described at § 291-4P(4).
L.
Any application for a new agricultural development that meets the definition of major development at § 291-2 shall be submitted to the Soil Conservation District for review and approval in accordance with the requirements at § 291-4P, Q, R and S and any applicable Soil Conservation District guidelines for stormwater runoff quantity and erosion control. For purposes of this subsection, "agricultural development" means land uses normally associated with the production of food, fiber, and livestock for sale. Such uses do not include the development of land for the processing or sale of food and the manufacture of agriculturally related products.
M.
If there is more than one drainage area, the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at § 291-4Q, R and S shall be met in each drainage area, unless the runoff from the drainage areas converge on-site and no adverse environmental impact would occur as a result of compliance with any one or more of the individual standards being determined utilizing a weighted average of the results achieved for that individual standard across the affected drainage areas.
N.
Any stormwater management measure authorized under the municipal stormwater management plan or ordinance shall be reflected in a deed notice recorded in the office of the County Clerk. A form of deed notice shall be submitted to the municipality for approval prior to filing. The deed notice shall contain a description of the stormwater management measure(s) used to meet the green infrastructure, groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at § 291-4P, Q, R and S and shall identify the location of the stormwater management measure(s) in NAD 1983 State Plane New Jersey FIPS 2900 US Feet or Latitude and Longitude in decimal degrees. The deed notice shall also reference the maintenance plan required to be recorded upon the deed pursuant to § 291-10B(5). Prior to the commencement of construction, proof that the above-required deed notice has been filed shall be submitted to the municipality. Proof that the required information has been recorded on the deed shall be in the form of either a copy of the complete recorded document or a receipt from the Clerk or other proof of recordation provided by the recording office. However, if the initial proof provided to the municipality is not a copy of the complete recorded document, a copy of the complete recorded document shall be provided to the municipality within 180 calendar days of the authorization granted by the municipality.
O.
A stormwater management measure approved under the municipal stormwater management plan or ordinance may be altered or replaced with the approval of the municipality, if the municipality determines that the proposed alteration or replacement meets the design and performance standards pursuant to § 291-4 of this chapter and provides the same level of stormwater management as the previously approved stormwater management measure that is being altered or replaced. If an alteration or replacement is approved, a revised deed notice shall be submitted to the municipality for approval and subsequently recorded with the Office of the County Clerk and shall contain a description and location of the stormwater management measure, as well as reference to the maintenance plan, in accordance with Subsection N above. Prior to the commencement of construction, proof that the above-required deed notice has been filed shall be submitted to the municipality in accordance with Subsection N above.
P.
Green infrastructure standards.
(1)
This subsection specifies the types of green infrastructure BMPs
that may be used to satisfy the groundwater recharge, stormwater runoff
quality, and stormwater runoff quantity standards.
(2)
To satisfy the groundwater recharge and stormwater runoff quality standards at § 291-4Q and R, the design engineer shall utilize green infrastructure BMPs identified in Table 1 at § 291-4F and/or an alternative stormwater management measure approved in accordance with § 291-4G. The following green infrastructure BMPs are subject to the following maximum contributory drainage area limitations:
|
Best Management Practice
|
Maximum Contributory Drainage Area
|
|---|---|
|
Dry Well
|
1 acre
|
|
Manufactured Treatment Device
|
2.5 acres
|
|
Pervious Pavement Systems
|
Area of additional inflow cannot exceed 3 times the area occupied
by the BMP
|
|
Small-Scale Bioretention Systems
|
2.5 acres
|
|
Small-Scale Infiltration Basin
|
2.5 acres
|
|
Small-Scale Sand Filter
|
2.5 acres
|
(4)
If a variance in accordance with N.J.A.C. 7:8-4.6 or a waiver from strict compliance in accordance with § 291-4D is granted from the requirements of this subsection, then BMPs from Table 1, 2, or 3, and/or an alternative stormwater management measure approved in accordance with § 291-4G may be used to meet the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at § 291-4Q, R and S.
(5)
For separate or combined storm sewer improvement projects, such as sewer separation, undertaken by a government agency or public utility (for example, a sewerage company), the requirements of this subsection shall only apply to areas owned in fee simple by the government agency or utility, and areas within a right-of-way or easement held or controlled by the government agency or utility; the entity shall not be required to obtain additional property or property rights to fully satisfy the requirements of this subsection. Regardless of the amount of area of a separate or combined storm sewer improvement project subject to the green infrastructure requirements of this subsection, each project shall fully comply with the applicable groundwater recharge, stormwater runoff quality control, and stormwater runoff quantity standards at § 291-4Q, R and S, unless the project is granted a waiver from strict compliance in accordance with § 291-4D.
Q.
Groundwater recharge standards.
(1)
This subsection contains the minimum design and performance standards
for groundwater recharge as follows:
(2)
The design engineer shall, using the assumptions and factors for stormwater runoff and groundwater recharge calculations at § 291-5, either:
(a)
Demonstrate through hydrologic and hydraulic analysis that the
site and its stormwater management measures maintain 100% of the average
annual preconstruction groundwater recharge volume for the site; or
(b)
Demonstrate through hydrologic and hydraulic analysis that the
increase of stormwater runoff volume from preconstruction to post-construction
for the two-year storm is infiltrated.
(3)
This groundwater recharge requirement does not apply to projects within the urban redevelopment area, or to projects subject to Subsection Q(4) below.
(4)
The following types of stormwater shall not be recharged:
(a)
Stormwater from areas of high-pollutant loading. High-pollutant
loading areas are areas in industrial and commercial developments
where solvents and/or petroleum products are loaded/unloaded, stored,
or applied, areas where pesticides are loaded/unloaded or stored;
areas where hazardous materials are expected to be present in greater
than "reportable quantities" as defined by the United States Environmental
Protection Agency (EPA) at 40 CFR 302.4; areas where recharge would
be inconsistent with Department-approved remedial action work plan
or landfill closure plan and areas with high risks for spills of toxic
materials, such as gas stations and vehicle-maintenance facilities;
and
(b)
Industrial stormwater exposed to source material. "Source material"
means any material(s) or machinery, located at an industrial facility,
that is directly or indirectly related to process, manufacturing or
other industrial activities, which could be a source of pollutants
in any industrial stormwater discharge to groundwater. Source materials
include, but are not limited to, raw materials; intermediate products;
final products; waste materials; by-products; industrial machinery
and fuels, and lubricants, solvents, and detergents that are related
to process, manufacturing, or other industrial activities that are
exposed to stormwater.
R.
Stormwater runoff quality standards.
(1)
This subsection contains the minimum design and performance standards
to control stormwater runoff quality impacts of major development.
Stormwater runoff quality standards are applicable when the major
development results in an increase of 1/4 acre or more of regulated
motor vehicle surface.
(2)
Stormwater management measures shall be designed to reduce the post-construction
load of total suspended solids (TSS) in stormwater runoff generated
from the water quality design storm as follows:
(a)
80% TSS removal of the anticipated load, expressed as an annual
average, shall be achieved for the stormwater runoff from the net
increase of motor vehicle surface.
(b)
If the surface is considered regulated motor vehicle surface
because the water quality treatment for an area of motor vehicle surface
that is currently receiving water quality treatment either by vegetation
or soil, by an existing stormwater management measure, or by treatment
at a wastewater treatment plant is to be modified or removed, the
project shall maintain or increase the existing TSS removal of the
anticipated load expressed as an annual average.
(3)
The requirement to reduce TSS does not apply to any stormwater runoff in a discharge regulated under a numeric effluent limitation for TSS imposed under the New Jersey Pollutant Discharge Elimination System (NJPDES) rules, N.J.A.C. 7:14A, or in a discharge specifically exempt under an NJPDES permit from this requirement. Every major development, including any that discharge into a combined sewer system, shall comply with Subsection R(2) above, unless the major development is itself subject to an NJPDES permit with a numeric effluent limitation for TSS or the NJPDES permit to which the major development is subject exempts the development from a numeric effluent limitation for TSS.
(4)
The water quality design storm is 1.25 inches of rainfall in two
hours. Water quality calculations shall take into account the distribution
of rain from the water quality design storm, as reflected in Table
4, below. The calculation of the volume of runoff may take into account
the implementation of stormwater management measures.
|
Table 4 - Water Quality Design Distribution
| |||||
|---|---|---|---|---|---|
|
Time
(Minutes)
|
Cumulative Rainfall
(Inches)
|
Time
(Minutes)
|
Cumulative Rainfall
(Inches)
|
Time
(Minutes)
|
Cumulative Rainfall
(Inches)
|
|
1
|
0.00166
|
41
|
0.1728
|
81
|
1.0906
|
|
2
|
0.00332
|
42
|
0.1796
|
82
|
1.0972
|
|
3
|
0.00498
|
43
|
0.1864
|
83
|
1.1038
|
|
4
|
0.00664
|
44
|
0.1932
|
84
|
1.1104
|
|
5
|
0.00830
|
45
|
0.2000
|
85
|
1.1170
|
|
6
|
0.00996
|
46
|
0.2117
|
86
|
1.1236
|
|
7
|
0.01162
|
47
|
0.2233
|
87
|
1.1302
|
|
8
|
0.01328
|
48
|
0.2350
|
88
|
1.1368
|
|
9
|
0.01494
|
49
|
0.2466
|
89
|
1.1434
|
|
10
|
0.01660
|
50
|
0.2583
|
90
|
1.1500
|
|
11
|
0.01828
|
51
|
0.2783
|
91
|
1.1550
|
|
12
|
0.01996
|
52
|
0.2983
|
92
|
1.1600
|
|
13
|
0.02164
|
53
|
0.3183
|
93
|
1.1650
|
|
14
|
0.02332
|
54
|
0.3383
|
94
|
1.1700
|
|
15
|
0.02500
|
55
|
0.3583
|
95
|
1.1750
|
|
16
|
0.03000
|
56
|
0.4116
|
96
|
1.1800
|
|
17
|
0.03500
|
57
|
0.4650
|
97
|
1.1850
|
|
18
|
0.04000
|
58
|
0.5183
|
98
|
1.1900
|
|
19
|
0.04500
|
59
|
0.5717
|
99
|
1.1950
|
|
20
|
0.05000
|
60
|
0.6250
|
100
|
1.2000
|
|
21
|
0.05500
|
61
|
0.6783
|
101
|
1.2050
|
|
22
|
0.06000
|
62
|
0.7317
|
102
|
1.2100
|
|
23
|
0.06500
|
63
|
0.7850
|
103
|
1.2150
|
|
24
|
0.07000
|
64
|
0.8384
|
104
|
1.2200
|
|
25
|
0.07500
|
65
|
0.8917
|
105
|
1.2250
|
|
26
|
0.08000
|
66
|
0.9117
|
106
|
1.2267
|
|
27
|
0.08500
|
67
|
0.9317
|
107
|
1.2284
|
|
28
|
0.09000
|
68
|
0.9517
|
108
|
1.2300
|
|
29
|
0.09500
|
69
|
0.9717
|
109
|
1.2317
|
|
30
|
0.10000
|
70
|
0.9917
|
110
|
1.2334
|
|
31
|
0.10660
|
71
|
1.0034
|
111
|
1.2351
|
|
32
|
0.11320
|
72
|
1.0150
|
112
|
1.2367
|
|
33
|
0.11980
|
73
|
1.0267
|
113
|
1.2384
|
|
34
|
0.12640
|
74
|
1.0383
|
114
|
1.2400
|
|
35
|
0.13300
|
75
|
1.0500
|
115
|
1.2417
|
|
36
|
0.13960
|
76
|
1.0568
|
116
|
1.2434
|
|
37
|
0.14620
|
77
|
1.0636
|
117
|
1.2450
|
|
38
|
0.15280
|
78
|
1.0704
|
118
|
1.2467
|
|
39
|
0.15940
|
79
|
1.0772
|
119
|
1.2483
|
|
40
|
0.16600
|
80
|
1.0840
|
120
|
1.2500
|
(5)
If more than one BMP in series is necessary to achieve the required
80% TSS reduction for a site, the applicant shall utilize the following
formula to calculate TSS reduction:
|
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.
|
|
B
|
=
|
The TSS percent removal rate applicable to the second BMP.
|
(6)
Stormwater management measures shall also be designed to reduce, to the maximum extent feasible, the post-construction nutrient load of the anticipated load from the developed site in stormwater runoff generated from the water quality design storm. In achieving reduction of nutrients to the maximum extent feasible, the design of the site shall include green infrastructure BMPs that optimize nutrient removal while still achieving the performance standards in § 291-4Q, R and S.
(7)
In accordance with the definition of FW1 at N.J.A.C. 7:9B-1.4, stormwater
management measures shall be designed to prevent any increase in stormwater
runoff to waters classified as FW1.
(8)
The Flood Hazard Area Control Act Rules at N.J.A.C. 7:13-4.1(c)1
establish 300-foot riparian zones along Category One waters, as designated
in the Surface Water Quality Standards at N.J.A.C. 7:9B, and certain
upstream tributaries to Category One waters. A person shall not undertake
a major development that is located within or discharges into a 300-foot
riparian zone without prior authorization from the Department under
N.J.A.C. 7:13.
(a)
The applicant shall preserve and maintain a special water resource
protection area in accordance with one of the following:
[1]
A 300-foot special water resource protection area shall be provided
on each side of the waterway, measured perpendicular to the waterway
from the top of the bank outwards or from the center line of the waterway
where the bank is not defined, consisting of existing vegetation or
vegetation allowed to follow natural succession.
[2]
Encroachment within the designated special water resource protection area under § 291-4R(8)(a)[1] above shall only be allowed where previous development or disturbance has occurred (for example, active agricultural use, parking area or maintained lawn area). The encroachment shall only be allowed where the applicant demonstrates that the functional value and overall condition of the special water resource protection area will be maintained to the maximum extent practicable. In no case shall the remaining special water resource protection area be reduced to less than 150 feet as measured perpendicular to the top of bank of the waterway or center line of the waterway where the bank is undefined. All encroachments proposed under this subsection shall be subject to review and approval by the municipality.
(b)
All stormwater shall be discharged outside of and flow through
the special water resource protection area and shall comply with the
Standard for Off-Site Stability in the "Standards for Soil Erosion
and Sediment Control in New Jersey," established under the Soil Erosion
and Sediment Control Act, N.J.S.A. 4:24-39 et seq.
(c)
If stormwater discharged outside of and flowing through the
special water resource protection area cannot comply with the Standard
for Off-Site Stability in the "Standards for Soil Erosion and Sediment
Control in New Jersey," established under the Soil Erosion and Sediment
Control Act, N.J.S.A. 4:24-39 et seq., then the stabilization measures
in accordance with the requirements of the above standards may be
placed within the special water resource protection area, provided
that:
[1]
Stabilization measures shall not be placed within 150 feet of
the Category One waterway;
[2]
Stormwater associated with discharges allowed by this section
shall achieve a 95% TSS post-construction removal rate;
[3]
Temperature shall be addressed to ensure no impact on the receiving
waterway;
[4]
The encroachment shall only be allowed where the applicant demonstrates
that the functional value and overall condition of the special water
resource protection area will be maintained to the maximum extent
practicable;
[5]
A conceptual project design meeting shall be held with the appropriate
Department staff and Soil Conservation District staff to identify
necessary stabilization measures; and
[6]
All encroachments proposed under this section shall be subject
to review and approval by the Department.
(d)
A stream corridor protection plan may be developed by a regional stormwater management planning committee as an element of a regional stormwater management plan, or by a municipality through an adopted municipal stormwater management plan. If a stream corridor protection plan for a waterway subject to § 291-4R(8) has been approved by the Department of Environmental Protection, then the provisions of the plan shall be the applicable special water resource protection area requirements for that waterway. A stream corridor protection plan for a waterway subject to § 291-4R(8) shall maintain or enhance the current functional value and overall condition of the special water resource protection area as defined in § 291-4R(8)(a)[1] above. In no case shall a stream corridor protection plan allow the reduction of the Special Water Resource Protection Area to less than 150 feet as measured perpendicular to the waterway subject to this subsection.
(9)
Pursuant to the Flood Hazard Area Control Act Rules at N.J.A.C. 7:13-11.2(j)3.i,
runoff from the water quality design storm that is discharged within
a 300-foot riparian zone shall be treated in accordance with this
subsection to reduce the post-construction load of total suspended
solids by 95% of the anticipated load from the developed site, expressed
as an annual average.
(10)
These stormwater runoff quality standards do not apply to the
construction of one individual single-family dwelling, provided that
it is not part of a larger development or subdivision that has received
preliminary or final site plan approval prior to December 3, 2018,
and that the motor vehicle surfaces are made of permeable material(s)
such as gravel, dirt, and/or shells.
S.
Stormwater runoff quantity standards.
(1)
This subsection contains the minimum design and performance standards
to control stormwater runoff quantity impacts of major development.
(2)
In order to control stormwater runoff quantity impacts, the design engineer shall, using the assumptions and factors for stormwater runoff calculations at §§ 291-5, complete one of the following:
(a)
Demonstrate through hydrologic and hydraulic analysis that for
stormwater leaving the site, post-construction runoff hydrographs
for the two-, ten-, and 100-year storm events do not exceed, at any
point in time, the preconstruction runoff hydrographs for the same
storm events;
(b)
Demonstrate through hydrologic and hydraulic analysis that there
is no increase, as compared to the preconstruction condition, in the
peak runoff rates of stormwater leaving the site for the two-, ten-
and 100-year storm events and that the increased volume or change
in timing of stormwater runoff will not increase flood damage at or
downstream of the site. This analysis shall include the analysis of
impacts of existing land uses and projected land uses assuming full
development under existing zoning and land use ordinances in the drainage
area;
(c)
Design stormwater management measures so that the post-construction
peak runoff rates for the two-, ten- and 100-year storm events are
50%, 75% and 80%, respectively, of the preconstruction peak runoff
rates. The percentages apply only to the post- construction stormwater
runoff that is attributable to the portion of the site on which the
proposed development or project is to be constructed; or
(d)
In tidal flood hazard areas, stormwater runoff quantity analysis in accordance with Subsection S(2)(a), (b) and (c) above is required unless the design engineer demonstrates through hydrologic and hydraulic analysis that the increased volume, change in timing, or increased rate of the stormwater runoff, or any combination of the three, will not result in additional flood damage below the point of discharge of the major development. No analysis is required if the stormwater is discharged directly into any ocean, bay, inlet, or the reach of any watercourse between its confluence with an ocean, bay, or inlet and downstream of the first water-control structure.
(3)
The stormwater runoff quantity standards shall be applied at the
site's boundary to each abutting lot, roadway, watercourse, or
receiving storm sewer system.
A.
Stormwater runoff shall be calculated in accordance with the following:
(1)
The design engineer shall calculate runoff using one of the following
methods:
(a)
The USDA Natural Resources Conservation Service (NRCS) methodology, including the NRCS Runoff Equation and Dimensionless Unit Hydrograph, as described in Chapters 7, 9, 10, 15 and 16, Part 630, Hydrology National Engineering Handbook, incorporated herein by reference as amended and supplemented. This methodology is additionally described in Technical Release 55 - Urban Hydrology for Small Watersheds (TR-55), dated June 1986, incorporated herein by reference as amended and supplemented. Information regarding the methodology is available from the Natural Resources Conservation Service website at: https://www.nrcs.usda.gov/Internet/FSE_DOCUMENTS/stelprdb1044171.pdf or at United States Department of Agriculture Natural Resources Conservation Service, 220 Davison Avenue, Somerset, New Jersey 08873; or
(b)
The rational method for peak flow and the modified rational
method for hydrograph computations. The rational and modified rational
methods are described in "Appendix A-9 Modified Rational Method" in
the Standards for Soil Erosion and Sediment Control in New Jersey,
January 2014. This document is available from the State Soil Conservation
Committee or any of the Soil Conservation Districts listed at N.J.A.C.
2:90-1.3(a)3. The location, address, and telephone number for each
Soil Conservation District is available from the State Soil Conservation
Committee, PO Box 330, Trenton, New Jersey 08625. The document is
also available at: http://www.nj.gov/agriculture/divisions/anr/pdf/2014NJSoilErosionControlStandardsComplete.pdf.
(2)
For the purpose of calculating runoff coefficients and groundwater
recharge, there is a presumption that the preconstruction condition
of a site or portion thereof is a wooded land use with good hydrologic
condition. The term "runoff coefficient" applies to both the NRCS
methodology above at §§ 291-5.A(1)(a) and the Rational
and Modified Rational Methods at §§ 291-5.A(1)(b).
A runoff coefficient or a groundwater recharge land cover for an existing
condition may be used on all or a portion of the site if the design
engineer verifies that the hydrologic condition has existed on the
site or portion of the site for at least five years without interruption
prior to the time of application. If more than one land cover has
existed on the site during the five years immediately prior to the
time of application, the land cover with the lowest runoff potential
shall be used for the computations. In addition, there is the presumption
that the site is in good hydrologic condition (if the land use type
is pasture, lawn, or park), with good cover (if the land use type
is woods), or with good hydrologic condition and conservation treatment
(if the land use type is cultivation).
(3)
In computing preconstruction stormwater runoff, the design engineer
shall account for all significant land features and structures, such
as ponds, wetlands, depressions, hedgerows, or culverts, that may
reduce preconstruction stormwater runoff rates and volumes.
(4)
In computing stormwater runoff from all design storms, the design
engineer shall consider the relative stormwater runoff rates and/or
volumes of pervious and impervious surfaces separately to accurately
compute the rates and volume of stormwater runoff from the site. To
calculate runoff from unconnected impervious cover, urban impervious
area modifications as described in the NRCS Technical Release 55 -
Urban Hydrology for Small Watersheds or other methods may be employed.
(5)
If the invert of the outlet structure of a stormwater management
measure is below the flood hazard design flood elevation as defined
at N.J.A.C. 7:13, the design engineer shall take into account the
effects of tailwater in the design of structural stormwater management
measures.
B.
Groundwater recharge may be calculated in accordance with the following:
The New Jersey Geological Survey Report GSR-32, A Method for Evaluating
Groundwater-Recharge Areas in New Jersey, incorporated herein by reference
as amended and supplemented. Information regarding the methodology
is available from the New Jersey Stormwater Best Management Practices
Manual; at the New Jersey Geological Survey website at: https://www.nj.gov/dep/njgs/pricelst/gsreport/gsr32.pdf
or at New Jersey Geological and Water Survey, 29 Arctic Parkway, PO
Box 420 Mail Code 29-01, Trenton, New Jersey 08625-0420.
A.
Technical guidance for stormwater management measures can be found
in the documents listed below, which are available to download from
the Department's website at: http://www.nj.gov/dep/stormwater/bmp_manual2.htm.
(1)
Guidelines for stormwater management measures are contained in the
New Jersey Stormwater Best Management Practices Manual, as amended
and supplemented. Information is provided on stormwater management
measures such as, but not limited to, those listed in Tables 1, 2,
and 3. Additional maintenance guidance is available on the Department's
website at: https://www.njstormwater.org/maintenance_guidance.htm.
B.
Submissions required for review by the Department should be mailed
to: The Division of Water Quality, New Jersey Department of Environmental
Protection, Mail Code 401-02B, PO Box 420, Trenton, New Jersey 08625-0420.
Site design features identified under § 291-4F above, or alternative designs in accordance with § 291-4G above, to prevent discharge of trash and debris from drainage systems shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets. For purposes of this section, "solid and floatable materials" means sediment, debris, trash, and other floating, suspended, or settleable solids. For exemptions to this standard see § 291-7B below.
A.
Grates.
(1)
Design engineers shall use one of the following grates whenever they
use a grate in pavement or another ground surface to collect stormwater
from that surface into a storm drain or surface water body under that
grate:
(a)
The New Jersey Department of Transportation (NJDOT) bicycle-safe
grate, which is described in Chapter 2.4 of the NJDOT Bicycle Compatible
Roadways and Bikeways Planning and Design Guidelines; or
(b)
A different grate, if each individual clear space in that grate
has an area of no more than 7.0 square inches, or is no greater than
0.5 inches across the smallest dimension.
(2)
Examples of grates subject to this standard include grates in grate
inlets, the grate portion (non-curb-opening portion) of combination
inlets, grates on storm sewer manholes, ditch grates, trench grates,
and grates of spacer bars in slotted drains. Examples of ground surfaces
include surfaces of roads (including bridges), driveways, parking
areas, bikeways, plazas, sidewalks, lawns, fields, open channels,
and stormwater system floors used to collect stormwater from the surface
into a storm drain or surface water body.
(3)
For curb-opening inlets, including curb-opening inlets in combination
inlets, the clear space in that curb opening, or each individual clear
space if the curb opening has two or more clear spaces, shall have
an area of no more than 7.0 square inches, or be no greater than 2.0
inches across the smallest dimension.
B.
The standard in Subsection A(1), above, does not apply:
(1)
Where each individual clear space in the curb opening in existing
curb-opening inlet does not have an area of more than 9.0 square inches;
(2)
Where the municipality agrees that the standards would cause inadequate
hydraulic performance that could not practicably be overcome by using
additional or larger storm drain inlets;
(3)
Where flows from the water quality design storm as specified in N.J.A.C.
7:8 are conveyed through any device (e.g., end-of-pipe netting facility,
manufactured treatment device, or a catch basin hood) that is designed,
at a minimum, to prevent delivery of all solid and floatable materials
that could not pass through one of the following:
(4)
Note that these exemptions do not authorize any infringement of requirements
in the Residential Site Improvement Standards for bicycle-safe grates
in new residential development [N.J.A.C. 5:21-4.18(b)2 and 7.4(b)1].
(5)
Where flows are conveyed through a trash rack that has parallel bars
with one-inch spacing between the bars, to the elevation of the Water
Quality Design Storm as specified in N.J.A.C. 7:8; or
(6)
Where the New Jersey Department of Environmental Protection determines,
pursuant to the New Jersey Register of Historic Places Rules at N.J.A.C.
7:4-7.2(c), that action to meet this standard is an undertaking that
constitutes an encroachment or will damage or destroy the New Jersey
Register-listed historic property.
A.
This section sets forth requirements to protect public safety through
the proper design and operation of stormwater management BMPs. This
section applies to any new stormwater management BMP.
B.
The provisions of this section are not intended to preempt more stringent municipal or county safety requirements for new or existing stormwater management BMPs. Municipal and county stormwater management plans and ordinances may, pursuant to their authority, require existing stormwater management BMPs to be retrofitted to meet one or more of the safety standards in § 291-8C(1), (2) and (3) for trash racks, grates and escape provisions at outlet structures.
C.
Requirements for trash racks, overflow grates and escape provisions.
(1)
A trash rack is a device designed to catch trash and debris and prevent
the clogging of outlet structures. Trash racks shall be installed
at the intake to the outlet from the stormwater management BMP to
ensure proper functioning of the BMP outlets in accordance with the
following:
(a)
The trash rack shall have parallel bars, with no greater than
six-inch spacing between the bars;
(b)
The trash rack shall be designed so as not to adversely affect
the hydraulic performance of the outlet pipe or structure;
(c)
The average velocity of flow through a clean trash rack is not
to exceed 2.5 feet per second under the full range of stage and discharge.
Velocity is to be computed on the basis of the net area of opening
through the rack; and
(d)
The trash rack shall be constructed of rigid, durable, and corrosion-resistant
material and designed to withstand a perpendicular live loading of
300 pounds per square foot. An overflow grate is designed to prevent
obstruction of the overflow structure. If an outlet structure has
an overflow grate, such grate shall meet the following requirements:
[1]
The overflow grate shall be secured to the outlet structure
but removable for emergencies and maintenance.
[2]
The overflow grate spacing shall be no less than two inches
across the smallest dimension.
[3]
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.
(2)
Stormwater management BMPs shall include escape provisions as follows:
(a)
If a stormwater management BMP has an outlet structure, escape provisions shall be incorporated in or on the structure. Escape provisions include the installation of permanent ladders, steps, rungs, or other features that provide easily accessible means of egress from stormwater management BMPs. With the prior approval of the municipality pursuant to § 291-8C, a freestanding outlet structure may be exempted from this requirement;
(b)
Safety ledges shall be constructed on the slopes of all new stormwater management BMPs having a permanent pool of water deeper than 2 1/2 feet. Safety ledges shall be comprised of two steps. Each step shall be four to six feet in width. One step shall be located approximately 2 1/2 feet below the permanent water surface, and the second step shall be located one to 1 1/2 feet above the permanent water surface. See § 291-8E for an illustration of safety ledges in a stormwater management BMP; and
(c)
In new stormwater management BMPs, the maximum interior slope
for an earthen dam, embankment, or berm shall not be steeper than
three horizontal to one vertical.
D.
Variance or exemption from safety standard. A variance or exemption
from the safety standards for stormwater management BMPs may be granted
only upon a written finding by the municipality that the variance
or exemption will not constitute a threat to public safety.
E.
Safety ledge illustration.
|
Elevation View - Basin Safety Ledge Configuration
 |
A.
Purpose. This section requires the retrofitting of existing storm
drain inlets which are in direct contact with repaving, reconstruction,
or resurfacing or alterations of facilities on private property, to
prevent the discharge of solids and floatables (such as plastic bottles,
cans, food wrappers and other litter) to the municipal separate storm
sewer system(s) operated by the Township of Lacey so as to protect
public health, safety and welfare, and to proscribe penalties for
failure to comply.
B.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
PERSON
STORM DRAIN INLET
WATERS OF THE STATE
Definitions. For the purpose of this section, the following terms,
phrases, words and their derivations shall have the meanings stated
herein unless their use in the text of this chapter clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory.
A conveyance or system of conveyances (including roads with
drainage systems, municipal streets, catch basins, curbs, gutters,
ditches, man-made channels or storm drains) that is owned or operated
by the Township of Lacey or other public body, and is designed and
used for collecting and conveying stormwater.
Any individual, corporation, company, partnership, firm,
association or political subdivision of this state subject to municipal
jurisdiction.
An opening in a storm drain used to collect stormwater runoff
and includes, but is not limited to, a grate inlet, curb-opening inlet,
slotted inlet and combination inlet.
The ocean and its estuaries, all springs, streams and bodies
of surface water or groundwater, whether natural or artificial, within
the boundaries of the State of New Jersey or subject to its jurisdiction.
C.
Prohibited conduct. No person in control of private property (except
a residential lot with one single-family house) shall authorize the
repaving, repairing (excluding the repair of individual potholes),
resurfacing (including top coating or chip sealing with asphalt emulsion
or a thin base of hot bitumen), reconstructing or altering any surface
that is in direct contact with an existing storm drain inlet on that
property unless that storm drain inlet either:
D.
Design standard. Storm drain inlets identified in Subsection C above 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. For exemptions to this standard see Subsection D(3) below.
(1)
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:
(a)
The New Jersey Department of Transportation (NJDOT) bicycle-safe
grate, which is described in Chapter 2.4 of the NJDOT Bicycle Compatible
Roadways and Bikeways Planning and Design Guidelines (April 1996);
or
(b)
A different grate, if each individual clear space in that grate
has an area of no more than 7.0 square inches, or is no greater than
0.5 inches across the smallest dimension.
(c)
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.
(2)
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 no
more than 7.0 square inches, or be no greater than 2.0 inches across
the smallest dimension.
(3)
This standard does not apply:
(a)
Where the municipal engineer agrees 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;
(b)
Where flows 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:
(c)
Where flows are conveyed through a trash rack that has parallel
bars with one-inch spacing between the bars; or
(d)
Where the New Jersey Department of Environmental Protection
determines, pursuant to the New Jersey Register of Historic Places
Rules at N.J.A.C. 7:4-7.2(c), the action to meet this standard is
an undertaking that constitutes an encroachment or will damage or
destroy the New Jersey Register-listed historic property.
E.
Enforcement. This chapter shall be enforced by the Township Engineer
or the Director of Public Works of the Township of Lacey.
F.
Penalties. Any person(s) who is found to be in violation of this
section shall be subject to a fine not to exceed $500 for each storm
drain inlet that is not retrofitted to meet the design standard.
A.
Submission of site development stormwater plan.
(1)
Whenever an applicant seeks municipal approval of a development subject to this chapter, the applicant shall submit all of the required components of the Checklist for the Site Development Stormwater Plan at § 291-9C below as part of the submission of the application for approval.
(2)
The applicant shall demonstrate that the project meets the standards
set forth in this chapter.
B.
Site development stormwater plan approval. The applicant's site
development project shall be reviewed as a part of the review process
by the municipal board or official from which municipal approval is
sought. That municipal board or official shall consult the municipality's
review engineer to determine if all of the checklist requirements
have been satisfied and to determine if the project meets the standards
set forth in this chapter.
C.
Submission of site development stormwater plan. The following information
shall be required:
(1)
Topographic base map. The reviewing engineer may require upstream
tributary drainage system information as necessary. It is recommended
that the topographic base map of the site be submitted which extends
a minimum of 200 feet beyond the limits of the proposed development,
at a scale of one inch equals 200 feet or greater, showing two-foot
contour intervals. The map as appropriate may indicate the following:
existing surface water drainage, shorelines, steep slopes, soils,
erodible soils, perennial or intermittent streams that drain into
or upstream of the Category One waters, wetlands and floodplains along
with their appropriate buffer strips, marshlands and other wetlands,
pervious or vegetative surfaces, existing man-made structures, roads,
bearing and distances of property lines, and significant natural and
man-made features not otherwise shown.
(2)
Environmental site analysis. A written and graphic description of
the natural and man-made features of the site and its surroundings
should be submitted. This description should include a discussion
of soil conditions, slopes, wetlands, waterways and vegetation on
the site. Particular attention should be given to unique, unusual,
or environmentally sensitive features and to those that provide particular
opportunities or constraints for development.
(3)
Project description and site plans. A map (or maps) at the scale
of the topographical base map indicating the location of existing
and proposed buildings, roads, parking areas, utilities, structural
facilities for stormwater management and sediment control, and other
permanent structures. The map(s) shall also clearly show areas where
alterations will occur in the natural terrain and cover, including
lawns and other landscaping, and seasonal high-groundwater elevations.
A written description of the site plan and justification for proposed
changes in natural conditions shall also be provided.
(4)
Land use planning and source control plan. This plan shall provide a demonstration of how the goals and standards of §§ 291-3 through 291-5 are being met. The focus of this plan shall be to describe how the site is being developed to meet the objective of controlling groundwater recharge, stormwater quality and stormwater quantity problems at the source by land management and source controls whenever possible.
(5)
Stormwater management facilities map. The following information,
illustrated on a map of the same scale as the topographic base map,
shall be included:
(a)
Total area to be disturbed, paved or built upon, proposed surface
contours, land area to be occupied by the stormwater management facilities
and the type of vegetation thereon, and details of the proposed plan
to control and dispose of stormwater.
(b)
Details of all stormwater management facility designs, during
and after construction, including discharge provisions, discharge
capacity for each outlet at different levels of detention and emergency
spillway provisions with maximum discharge capacity of each spillway.
(6)
Calculations.
(a)
Comprehensive hydrologic and hydraulic design calculations for the predevelopment and post-development conditions for the design storms specified in § 291-4 of this chapter.
(b)
When the proposed stormwater management control measures depend
on the hydrologic properties of soils or require certain separation
from the seasonal high-water table, then a soils report shall be submitted.
The soils report shall be based on on-site boring logs or soil pit
profiles. The number and location of required soil borings or soil
pits shall be determined based on what is needed to determine the
suitability and distribution of soils present at the location of the
control measure.
(7)
Maintenance and repair plan. The design and planning of the stormwater management facility shall meet the maintenance requirements of § 291-10.
(8)
Waiver from submission requirements. The municipal official or board reviewing an application under this chapter may, in consultation with the municipality's review engineer, waive submission of any of the requirements in § 291-9C(1) through (6) of this chapter when it can be demonstrated that the information requested is impossible to obtain or it would create a hardship on the applicant to obtain and its absence will not materially affect the review process.
B.
General maintenance.
(1)
The design engineer shall prepare a maintenance plan for the stormwater
management measures incorporated into the design of a major development.
(2)
The maintenance plan shall contain specific preventative maintenance
tasks and schedules; cost estimates, including estimated cost of sediment,
debris, or trash removal; and the name, address, and telephone number
of the person or persons responsible for preventative and corrective
maintenance (including replacement). The plan shall contain information
on BMP location, design, ownership, maintenance tasks and frequencies,
and other details as specified in Chapter 8 of the New Jersey BMP
Manual, as well as the tasks specific to the type of BMP, as described
in the applicable chapter containing design specifics.
(3)
If the maintenance plan identifies a person other than the property
owner (for example, a developer, a public agency or homeowners'
association) as having the responsibility for maintenance, the plan
shall include documentation of such person's or entity's
agreement to assume this responsibility, or of the owner's obligation
to dedicate a stormwater management facility to such person under
an applicable ordinance or regulation.
(4)
Responsibility for maintenance shall not be assigned or transferred
to the owner or tenant of an individual property in a residential
development or project, unless such owner or tenant owns or leases
the entire residential development or project. The individual property
owner may be assigned incidental tasks, such as weeding of a green
infrastructure BMP, provided the individual agrees to assume these
tasks; however, the individual cannot be legally responsible for all
of the maintenance required.
(5)
If the party responsible for maintenance identified under Section § 291-10B(3) above is not a public agency, the maintenance plan and any future revisions based on § 291-10B(7) below shall be recorded upon the deed of record for each property on which the maintenance described in the maintenance plan must be undertaken.
(6)
Preventative and corrective maintenance shall be performed to maintain
the functional parameters (storage volume, infiltration rates, inflow/outflow
capacity, etc.), of the stormwater management measure, including,
but not limited to, repairs or replacement to the structure; removal
of sediment, debris, or trash; restoration of eroded areas; snow and
ice removal; fence repair or replacement; restoration of vegetation;
and repair or replacement of nonvegetated linings.
(7)
The party responsible for maintenance identified under § 291-10B(3) above shall perform all of the following requirements:
(a)
Maintain a detailed log of all preventative and corrective maintenance
for the structural stormwater management measures incorporated into
the design of the development, including a record of all inspections
and copies of all maintenance-related work orders;
(b)
Evaluate the effectiveness of the maintenance plan at least
once per year and adjust the plan and the deed as needed; and
(c)
Retain and make available, upon request by any public entity with administrative, health, environmental, or safety authority over the site, the maintenance plan and the documentation required by § 291-10B(6) and (7) above.
(8)
The requirements of § 291-10B(3) and (4) do not apply to stormwater management facilities that are dedicated to and accepted by the municipality or another governmental agency, subject to all applicable municipal stormwater general permit conditions, as issued by the Department.
(9)
In the event that the stormwater management facility becomes a danger
to public safety or public health, or if it is in need of maintenance
or repair, the municipality shall so notify the responsible person
in writing. Upon receipt of that notice, the responsible person shall
have 14 days to effect maintenance and repair of the facility in a
manner that is approved by the municipal engineer or his designee.
The municipality, in its discretion, may extend the time allowed for
effecting maintenance and repair for good cause. If the responsible
person fails or refuses to perform such maintenance and repair, the
municipality or county may immediately proceed to do so and shall
bill the cost thereof to the responsible person. Nonpayment of such
bill may result in a lien on the property.
C.
Nothing in this subsection shall preclude the municipality in which
the major development is located from requiring the posting of a performance
or maintenance guarantee in accordance with N.J.S.A. 40:55D-53.
Any person who erects, constructs, alters, repairs, converts, maintains, or uses any building, structure or land in violation of this chapter shall be considered to be in violation of Lacey Code § 297-52, and subject to potential fines, penalties and/or imprisonment as stipulated in § 285-13 or § 297-52A of the Lacey Township Code as applicable.
