Township of Logan, NJ
Gloucester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Council of the Township of Logan as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Environmentally sensitive areas — See Ch. 86.
Flood damage prevention — See Ch. 96.
Land use and development — See Ch. 108.
Riparian Buffer Conservation Zone — See Ch. 128.
Sewers — See Ch. 130.
Soil and earth removal — See Ch. 132.
[Adopted 7-18-2006 by Ord. No. 12-2006]

§ 95-1 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 Logan Township and downstream municipalities, if appropriate.
(d) 
Logan Township'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 Logan Township, 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 Logan Township have the potential to adversely affect Logan Township'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 § 95-7 of this chapter, conducted within Logan Township, 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 Logan Township.
B. 
Goals and techniques.
(1) 
Through this chapter, Logan Township 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 Logan Township;
(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 waters and groundwaters of Logan Township, 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, Logan Township 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. This chapter shall apply to:
(1) 
All site plans and subdivisions for major developments occurring within Logan Township that require preliminary or final site plan or subdivision review; and
(2) 
All major development projects undertaken by Logan Township shall comply with this chapter.
D. 
Procedures. In addition to other development review procedures set forth in the Code of Logan Township, major developments located within Logan Township 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 § 95-7 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. 5.4(b) 7:8.
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 Logan Township is a part, the stormwater provisions of such a plan(s) shall be adopted by Logan Township within one year of the adoption of a regional stormwater management plan (RSWMP) as an amendment to an areawide water quality management plan.

§ 95-2 Requirements for a site development stormwater plan.

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 § 95-2C below as part of the applicant's application for subdivision or site plan approval. These required components are in addition to any other information required under any provisions of Logan Township's land use ordinance.
(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 § 95-3C of this chapter.
B. 
Site development stormwater plan approval.
(1) 
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 Planning and/or Zoning 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. All required engineering plans shall be submitted to the Logan Township in CAD Format 15 or higher, registered and rectified to NJ State Plane Feet NAD 83 or Shape Format NJ State Plan Feet NAD 83, and all other documents shall be submitted in both paper and commonly used electronic file formats such as PDF, word processing, database or spreadsheet files. Three copies of each item shall be submitted. The municipality may choose to revise these criteria for consistency with their own software requirements.
(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 one 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. Logan Township 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: 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 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 § 95-4 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 C(4)(a)[9]) will be implemented to the maximum extent practicable to meet the standards at § 95-4 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 § 95-7 of this chapter, the applicant shall also demonstrate in the land use planning and source control plan that the requirements of § 95-4 have been met.
(c) 
The use of nonstructural strategies to meet the performance standards in § 95-4 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 Logan Township 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 the Logan Township Land Use Ordinance, Zoning Ordinance 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 postdevelopment conditions for the design storms specified in § 95-3. The standards for groundwater recharge and stormwater runoff rate, volume and quality required by § 95-4 shall be met using the methods, calculations and assumptions provided in § 95-3.
(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 § 95-6 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.

§ 95-3 Methodologies for the calculation of 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 § 95-4B, 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, so long as the Delmarva hydrograph is employed.
(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 a drainage area.
(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 § 95-4F(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
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 found on the NJDEP's Web site at www.njstormwater.org.[1] TSS reduction shall be calculated based on the removal rates for the BMPs in Table 2.
[1]
Editor's Note: Write the Division of Watershed Management, NJDEP, P.O. Box 418, Trenton, NJ 08625.
(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 Logan Township. Any alternative stormwater management measure, removal rate or method of calculating the removal rate shall be subject to approval by Logan Township and a copy shall be provided to the following:
[1] 
The Division of Watershed Management, New Jersey Department of Environmental Protection, PO Box 418, Trenton, NJ, 08625-0418.
Table 2
Pollutant Removal Rates for BMPs
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, Chap. 9)
20
20
Infiltration basin
80
60
50
Manufactured treatment device
Pollutant removal rates as certified by NJDEP; see § 95-3
Pollutant removal rates as certified by NJDEP; see § 95-3
Pollutant removal rates as certified by NJDEP; see § 95-3
Pervious paving systems
80 (porous paving)
80 (permeable pavers with storage bed)
0 to volume reduction only (permeable pavers without storage bed)
60
0 to volume reduction only (permeable pavers without storage bed)
50
0 to 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)
80 (indigenous woods)
30
30
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 postdevelopment 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 § 95-4F.
C. 
Methods of calculating groundwater recharge.
(1) 
In complying with the groundwater recharge requirements in § 95-4C(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 from the New Jersey BMP Manual.[2]
[2]
Editor's Note: See 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 or the New Jersey Groundwater Recharge Spreadsheet (NJGRS), available in the New Jersey BMP Manual, Chapter 6, at http://www.njstormwater.org/bmp_manual2.htm.
(2) 
Alternative groundwater recharge calculation methods to meet these requirements may be used upon approval by the Municipal Engineer.
(3) 
In complying with the groundwater recharge requirements in § 95-4C(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.

§ 95-4 Stormwater management performance standards for major development.

A. 
Nonstructural stormwater management strategies.
(1) 
To the maximum extent practicable, the performance standards in § 95-4 for major development shall be met by incorporating the nine nonstructural strategies identified in Subchapter 5 of the NJ Stormwater Management Rules (N.J.A.C. 7:8-5), and set forth in § 95-2C(4)(a), into the design. The applicant shall identify within the land use planning and source control plan required by § 95-2C(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 § 95-2 to Logan Township. A determination by Logan Township 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 Logan Township;
(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 § 95-4, and the amended plan is approved by Logan Township; 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 Logan Township.
(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 the Logan Township Land Use Ordinance, Zoning Ordinance 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 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.
(4) 
In addition to all other requirements of this section, each application for major development, and any other application where Logan Township 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 § 95-4 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 Logan Township that ensures that that measure or equivalent stormwater management measure is maintained in perpetuity, as detailed in § 95-6 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 found on the NJDEP's Web site at www.njstormwater.org.[1]
[1]
Editor's Note: Write the Division of Watershed Management, NJDEP, P.O. Box 418, Trenton, NJ 08625.
(7) 
Exception for major development sites creating less than one acre of disturbance. The use of nonstructural strategies to meet the performance standards in § 95-4 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 Logan Township 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 the Logan Township Land Use Ordinance, Zoning Ordinance 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) 
There shall be no direct discharge of stormwater runoff from any point or nonpoint source to any surface water body. In addition, stormwater runoff shall not be directed in such a way as to increase the volume and/or rate of discharge into any surface water body from that which existed prior to development of the site.
(2) 
The design engineer, using the assumptions and factors for stormwater runoff and groundwater recharge calculations contained in § 95-3, shall either:
(a) 
Demonstrate through hydrologic and hydraulic analysis that the postdeveloped 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 postdeveloped 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 postdeveloped 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 postdeveloped 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.
(3) 
In tidal flood hazard areas, a stormwater runoff quantity analysis in accordance with Subsections B(2)(a), B(2)(b) and B(2)(c) above shall only be applied if the increased volume of stormwater runoff could increase flood damages below the point of discharge.
(4) 
The standards for stormwater runoff quantity and rate required by this section shall be met using the methods, calculations and assumptions provided in § 95-3.
C. 
Groundwater recharge standards.
(1) 
For all major developments, with the exception of those described in § 95-4C(4) below, the design engineer, using the assumptions and factors for stormwater runoff and groundwater recharge calculations contained in § 95-3, shall either:
(a) 
Demonstrate through hydrologic and hydraulic analysis that the postdeveloped 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 postdeveloped 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 § 95-3.
(4) 
Exceptions: The preceding groundwater recharge standards shall not apply to sites that create less than one acre of disturbance.
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) 
There shall be no direct discharge of stormwater runoff from any point or nonpoint source to any surface water body.
(2) 
Stormwater management measures shall be designed to reduce the total suspended solids (TSS) load in the stormwater runoff from the postdeveloped site by 80%. expressed as an annual average.
(3) 
Stormwater management measures shall also be designed to reduce the nutrient load in the stormwater runoff from the postdeveloped 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.
(4) 
The standards for stormwater runoff quality required by this section shall be met using the methods, calculations, assumptions and pollutant removal rates provided in § 95-3.
(5) 
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 § 95-4F(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 § 95-4B shall still be met for all major development sites.
F. 
Additional stormwater quality standards for high pollutant loading areas and areas where stormwater runoff is exposed to source material.
(1) 
This subsection applies to the following areas of a major development as defined in § 95-7of this chapter:
(a) 
High pollutant loading areas (HPLAs); and
(b) 
Areas where stormwater is exposed to source material.
(2) 
For a major development in areas described in Subsection F(1)(a) or F(1)(b) above, in addition to the infiltration requirements specified in § 95-4B(2) and the groundwater recharge requirements specified in § 95-4C, the applicant shall demonstrate in the land use planning and source control plan required in § 95-2C(4) that the following requirements have been met:
(a) 
The extent of the areas described in Subsections F(1)(a) and F(1)(b) above have been minimized on the development site to the maximum extent practicable;
(b) 
The stormwater runoff from the areas described in Subsections F(1)(a) and F(1)(b) above is segregated to the maximum extent practicable from the stormwater runoff generated from the remainder of the site such that commingling of the stormwater runoff from the areas described in Subsections F(1)(a) and F(1)(b) above and the remainder of the site will be minimized;
(c) 
The amount of precipitation falling directly on the areas described in Subsections F(1)(a) and F(1)(b) above is minimized to the maximum extent practicable by means of a canopy, roof or other similar structure that reduces the generation of stormwater runoff; and
(d) 
The stormwater runoff from or commingled with the areas described in Subsections F(1)(a) and F(1)(b) above for the water quality design storm, defined in § 95-3B.Table 1 shall be subject to pretreatment by one or more of the following stormwater BMPs, designed in accordance with the New Jersey BMP Manual to provide ninety-five-percent TSS removal:
[1] 
Bioretention system;
[2] 
Sand filter;
[3] 
Wet pond with minimum eighty-percent TSS removal rate;
[4] 
Constructed stormwater wetlands; and/or
[5] 
Media filtration system manufactured treatment device with a minimum eighty-percent TSS removal as verified by the New Jersey Corporation for Advanced Technology and as certified by NJDEP.
(e) 
If the potential for contamination of stormwater runoff by petroleum products exists on site, prior to being conveyed to the pretreatment BMP required in § 95-4D(2)(d) above, the stormwater runoff from the areas described in Subsections F(1)(a) and F(1)(b) above shall be conveyed through an oil/grease separator or other equivalent manufactured filtering device to remove the petroleum hydrocarbons. The applicant shall provide the reviewing agency with sufficient data to demonstrate acceptable performance of the device.
G. 
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).
H. 
Exceptions and mitigation requirements.
(1) 
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 Township of Logan, provided that all of the following conditions are met:
(a) 
The exception is consistent with that allowed by Logan Township;
(b) 
Logan Township 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 mitigation plan discussed in Subsection H(1)(b) above, will be provided consistent with one of the following options:
[1] 
Mitigation may be provided off site, but within Logan Township 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 Logan Township in accordance with the following:
[a] 
The amount of the in lieu contribution shall be determined by Logan Township, 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 off-site stormwater control mitigation project(s) located within the Township of Logan, within the same drainage area as the development site, and shall meet or exceed the equivalent recharge, quality or quantity performance standards which is lacking on the development site. Such mitigation project shall be identified by Logan Township in Logan Township's adopted municipal stormwater management plan. The stormwater control project to which the monetary contribution will be applied shall be identified by Logan Township at the time the exception is granted. The applicant shall amend the project description and site plan required in § 95-2C(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] 
Logan Township 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 Logan Township fail to expend the in lieu contribution within the required time frame, the mitigation option provided in § 95-4H(1)(c)[3] of this chapter shall be void and Logan Township shall be prohibited from collecting in lieu contributions.

§ 95-5 Design, construction and safety standards for structural stormwater management measures.

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.
(2) 
The following structural stormwater management measures may be utilized as part of a stormwater management system at a major land development in Logan Township, 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 § 95-5 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, Logan Township 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 BMPs.
(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) 
A stormwater infiltration BMP shall be sited in suitable soils verified by field testing to have permeability rates between one and 20 inches per hour. If such site soils do not exist or if the design engineer demonstrates that it is not practical for engineering, environmental or safety reasons to site the stormwater infiltration BMP(s) in such soils, then the stormwater infiltration BMP(s) may be sited in soils verified by field testing to have permeability rates in excess of 20 inches per hour, provided that a bioretention system, designed, installed and maintained in accordance with the New Jersey BMP Manual, is installed to meet one of the following conditions:
(a) 
The bioretention system is constructed as a separate measure designed to provide pretreatment of stormwater and to convey the pretreated stormwater into the infiltration BMP; or
(b) 
The bioretention system is integrated into and made part of the infiltration BMP and, as such, does not require an underdrain system. If this option is selected, the infiltration BMP shall be designed and constructed so that the maximum water depth in the bioretention system portion of the BMP during treatment of the stormwater quality design storm is 12 inches in accordance with the New Jersey BMP Manual.
(4) 
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.
(5) 
A soil's field-tested permeability rate shall be determined in accordance with the following:
(a) 
The predevelopment field test permeability rate shall be determined according to the methodologies provided in Section XI, Subsection C.3, of the Model Stormwater Control Ordinance for Pinelands Area Municipalities, available at http://www.njstormwater.org/pinelands.htm;
(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, postdevelopment field permeability tests shall also be conducted according to the methodologies provided in Section XI, Subsection C.3, of the Model Stormwater Control Ordinance for Pinelands Area Municipalities, available at http://www.njstormwater.org/pinelands.htm;
(d) 
If the results of the postdevelopment field permeability tests fail to achieve the minimum required design permeability rates in Subsection B(5) above utilizing a factor of safety of two, the stormwater infiltration BMP shall be renovated and re-tested 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.
(6) 
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.
(7) 
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.
(8) 
The design engineer shall conduct a mounding analysis, as defined in § 95-7, of all stormwater infiltration BMPs. The mounding analysis shall be conducted in accordance with the requirements in Section XI, Subsection C.3.l, of the Model Stormwater Control Ordinance for Pinelands Area Municipalities, available at http://www.njstormwater.org/pinelands.htm;.
(9) 
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, stormwater infiltration basins shall be constructed according to the following:
[1] 
Unless the conditions in Subsection B(9)(a)[2] below are met, a stormwater infiltration basin shall not be placed into operation until its drainage area is completely stabilized. Instead, upstream runoff shall be diverted around the basin and into separate, temporary stormwater management facilities and sediment basins. Such temporary facilities and basins shall be installed and utilized for stormwater management and sediment control until stabilization is achieved in accordance with the Standards for Soil Erosion and Sediment Control in New Jersey, which is incorporated herein by reference, as amended and supplemented.
[2] 
If the design engineer determines that, for engineering, environmental or safety reasons, temporary stormwater management facilities and sediment basins cannot be constructed on the site, the stormwater infiltration basin may be placed into operation prior to the complete stabilization of its drainage area, provided that the basin's bottom during this period is constructed at a depth at least two feet higher than its final design elevation. All other infiltration BMP construction requirements 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 § 95-4.
(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, postdevelopment soil permeability testing shall be performed in accordance with Subsection B(5) 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 runoffborne 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 one to one and 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.

§ 95-6 Inspection, maintenance and repair of stormwater management measures.

A. 
Applicability. Projects subject to review pursuant to § 95-1C of this chapter shall comply with the requirements of § 95-6B 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 § 95-2C. 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 § 95-6B(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 § 95-6B(3) above is not a public agency, the maintenance plan and any future revisions based on § 95-6B(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 § 95-6B(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 § 95-6B(2) above shall submit the updated inspection, maintenance and repair plan and the documentation required by § 95-6B(2) and B(3) above to Logan Township once per year.
(8) 
The person responsible for inspection, maintenance and repair identified under § 95-6B(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 § 95-6B(2) and B(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, Logan Township shall 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, Logan Township, 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, Logan Township 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 Logan Township 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. 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:
(1) 
Once per month (if needed): mow side slopes, remove litter and debris, stabilize eroded banks, repair erosion at inflow structure(s);
(2) 
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 seventy-two (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;
(3) 
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;
(4) 
Two times per year: inspect for signs of damage to structures, repair eroded areas, check for signs of petroleum contamination and remediate;
(5) 
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
(6) 
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.
(7) 
Additional guidance for the inspection, maintenance and repair of stormwater infiltration BMPs can be found in the New Jersey BMP Manual.
H. 
Maintenance guarantee. The applicant shall provide a maintenance guarantee to ensure that all stormwater management measures required under the provisions of this chapter will be maintained in perpetuity according to the specifications established herein. Conditioned upon Logan Township's approval, this maybe accomplished by various mechanisms, including, but not limited to, the following:
(1) 
The applicant may be required to post a bond or other financial assurance mechanism in the amount Logan Township determines is needed to provide maintenance in perpetuity of all stormwater management measures.
(2) 
Logan Township may collect an upfront fee from the applicant in the amount Logan Township determines is needed to provide maintenance in perpetuity of all stormwater management measures. This upfront fee shall be expended by Logan Township for the sole purpose of conducting maintenance activities (including repair and renovation, if needed) for all stormwater management measures required under the applicant's major development application approval. A guide to establishing the up-front fee, as applied to stormwater basins, is calculated as follows:
(a) 
For the first acre, or part thereof, of basin area: $50,000 plus;
(b) 
For each additional acre, or part thereof, of basin area in excess of one acre: $25,000.
(3) 
The applicant may dedicate all stormwater management measures to Logan Township, subsequent to which Logan Township shall assume all maintenance responsibilities.
(4) 
The applicant may be required to deposit funds in escrow in the amount Logan Township determines is needed to provide maintenance in perpetuity of all stormwater management measures.

§ 95-7 Definitions.

Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the meaning they have in common usage and to give this chapter its most reasonable application. 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, wetlands 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. 7:5-6.27(a); large areas of contiguous open space or upland forest; steep slopes; and wellhead protection and groundwater recharge areas. T & E 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 multi-stage 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 cuffing, 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 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 Logan Township 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.
LOGAN TOWNSHIP
The Planning Board, Zoning Board of Adjustment or other board, agency or official of Logan Township 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, Logan Township may designate the Municipal Engineer or other qualified designee to act on behalf of Logan Township.
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 Logan Township.
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 rule. 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, PO Box 418, Trenton, New Jersey 08625; and on the NJDEP's Web site, 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 COMMISSION or COMMISSION
The Commission created pursuant to Section 5 of the Pinelands Protection Act, N.J.S.A. 13:18A-5.
PINELANDS CMP
The New Jersey Pinelands Comprehensive Management Plan (N.J.A.C. 7:50-1.1 et seq).
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. 48:8-27 et seq.
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 Section XI, Subsection C.1, of the Model Stormwater Control Ordinance for Pinelands Area Municipalities, available at http://www.njstormwater.org/pinelands.htm (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 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.
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 and 20 inches per hour.
SURFACE WATER
Any waters of the state which are not groundwater.
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."
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.
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."

§ 95-8 Violations and penalties.

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 following penalties:
A. 
Maximum penalty. For a violation of this chapter, the maximum penalty upon conviction shall be a fine not exceeding $1,250, or imprisonment for a period not exceeding 90 days, or both, or a period of community service not exceeding 90 days.
B. 
Separate violations. Except as otherwise provided, every day in which a violation of any provision of this chapter exists shall constitute a separate violation.

§ 95-9 Effective date.

This chapter shall take effect immediately upon the following:
A. 
Approval by the county review agency in accordance with N.J.S.A. 40:55D-97.
[Adopted 9-7-2010 by Ord. No. 12-2010]

§ 95-10 Purpose.

The purpose of this article is to require the retrofitting of existing storm drain inlets which are in direct contact with repaving, repairing, 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 Logan so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.

§ 95-11 Definitions.

For the purpose of this article, the following terms, phrases, words, and their derivations shall have the meanings stated herein unless their use in the text of this article 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.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
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 Logan or other public body and is designed and used for collecting and conveying stormwater.
PERSON
Any individual, corporation, company, partnership, firm, association, or political subdivision of this state subject to municipal jurisdiction.
STORM DRAIN INLET
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.
WATERS OF THE STATE
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.

§ 95-12 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 the storm drain inlet either:
A. 
Already meets the design standard below to control passage of solid and floatable materials; or
B. 
Is retrofitted or replaced to meet the standard in § 95-13 below prior to the completion of the project.

§ 95-13 Design standard.

Storm drain inlets identified in this article 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 Subsection C below.
A. 
Grates.
(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 seven square inches or is no greater than 0.5 inch across the smallest dimension.
(2) 
Examples of grates subject to this standard include grates in grate inlets, the grate portion (non-curb-opening portion) of combination inlets, grates on storm sewer manholes, ditch grates, trench grates, and grates of spacer bars in slotted drains. Examples of ground surfaces include surfaces of roads (including bridges), driveways, parking areas, bikeways, plazas, sidewalks, lawns, fields, open channels, and stormwater basin floors.
B. 
Whenever design engineers use a curb-opening inlet, the clear space in that curb opening (or each individual clear space, if the curb opening has two or more clear spaces) shall have an area of no more than seven square inches or be no greater than two inches across the smallest dimension.
C. 
This standard does not apply:
(1) 
Where the 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;
(2) 
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:
(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; or
(4) 
Where the New Jersey Department of Environmental Protection determines, pursuant to the New Jersey Register of Historic Places Rules at N.J.A.C. 7:4-7.2(c), that action to meet this standard is an undertaking that constitutes an encroachment or will damage or destroy the New Jersey Register listed historic property.

§ 95-14 Enforcement.

This article shall be enforced by the Zoning Official and/or the Police Department of the Township of Logan.

§ 95-15 Violations and penalties.

Any person(s) who is found to be in violation of the provisions of this article shall be subject to a fine not to exceed $2,000 for each storm drain inlet that is not retrofitted to meet the design standard.