[HISTORY: Adopted by the Town Council of the Town of Newton 6-8-1970 as Ch. 19B
of the Revised General Ordinances. Amendments noted where applicable.]
[Amended 2-22-2021 by Ord. No. 2021-2]
Flood control, groundwater recharge, and pollutant reduction
shall be achieved through the use of stormwater management measures,
including green infrastructure best management practices (GI BMPs)
and nonstructural stormwater management strategies. GI BMPs and low-impact
development (LID) should be utilized to meet the goal of maintaining
natural hydrology to reduce stormwater runoff volume, reduce erosion,
encourage infiltration and groundwater recharge, and reduce pollution.
GI BMPs and LID should be developed based upon physical site conditions
and the origin, nature and the anticipated quantity, or amount, of
potential pollutants. Multiple stormwater management BMPs may be necessary
to achieve the established performance standards for water quality,
quantity, and groundwater recharge.
[Amended 2-22-2021 by Ord. No. 2021-2]
The purpose of this chapter is to establish minimum stormwater management requirements and controls for "major development," as defined below in § 258-5.
[Amended 2-22-2021 by Ord. No. 2021-2]
[Amended 2-22-2021 by Ord. No. 2021-2]
Development approvals, issued pursuant to this chapter, are
to be considered an integral part of development approvals and do
not relieve the applicant of the responsibility to secure required
permits or approvals for activities regulated by any other applicable
Code, rule, act, or ordinance provision. 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 Code provisions, ordinances, rule or
regulation, statute, or other provision of law except that, where
any provision of this chapter imposes restrictions different from
those imposed by any other ordinance, rule or regulation, or other
provision of law, the more restrictive provisions or higher standards
shall control.
[Amended 2-22-2021 by Ord. No. 2021-2]
For the purpose of this chapter, the following terms, phrases,
words and their derivations shall have the meanings stated herein
unless their use in the text of this chapter clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory. The definitions below are the same as or
based on the corresponding definitions in the Stormwater Management
Rules at N.J.A.C. 7:8-1.2.
An infiltration system, sand filter designed to infiltrate,
standard constructed wetland, or wet pond, established in accordance
with N.J.A.C. 7:8-4.2(c)14, that is designed and constructed in accordance
with the New Jersey Stormwater Best Management Practices Manual, or
an alternate design, approved in accordance with N.J.A.C. 7:8-5.2(g),
for an infiltration system, sand filter designed to infiltrate, standard
constructed wetland, or wet pond and that complies with the requirements
of this chapter.
The increase in soil bulk density.
The area from which stormwater runoff drains to a stormwater
management measure, not including the area of the stormwater management
measure itself.
A pedestrian-oriented area of commercial and civic uses serving
the surrounding municipality, generally including housing and access
to public transportation.
An agency designated by the Sussex County Board of County
Commissioners to review municipal stormwater management plans and
implementing ordinance(s). The county review agency may either be:
The New Jersey State Department of Environmental Protection.
A person who is professionally qualified and duly licensed
in New Jersey to perform engineering services that may include, but
not necessarily be limited to, development of project requirements,
creation and development of project design and preparation of drawings
and specifications.
A State Development and Redevelopment Plan Center as designated
by the State Planning Commission, such as urban, regional, town, village,
or hamlet.
The division of a parcel of land into two or more parcels,
the construction, reconstruction, conversion, structural alteration,
relocation, or enlarge-enlargement of any building or structure, any
mining excavation or landfill, and any use or change in the use of
any building or other structure, or land or extension of use of land,
for which permission is required under the Municipal Land Use Law,
N.J.S.A. 40:55D-1 et seq. In the case of development of agricultural
land, "development" means any activity that requires a state permit,
any activity reviewed by the County Agricultural Board (CAB) and the
State Agricultural Development Committee (SADC), and municipal review
of any activity not exempted by the Right to Farm Act, N.J.S.A. 4:1C-1
et seq.
The placement or reconstruction of impervious surface or
motor vehicle surface, or exposure and/or movement of soil or bedrock
or clearing, cutting, or removing of vegetation. Milling and repaving
is not considered disturbance for the purposes of this definition.
A geographic area within which stormwater, sediments, or
dissolved materials drain to a particular receiving water body or
to a particular point along a receiving water body.
The following areas where the physical alteration of the
land is in some way restricted, either through regulation, easement,
deed restriction, or ownership, such as: wetlands, floodplains, threatened
and endangered species sites or designated habitats, and parks and
preserves. Habitats of endangered or threatened species are identified
using the Department's Landscape Project as approved by the Department's
Endangered and Nongame Species Program.
An area or feature which is of significant environmental
value, including but not limited to stream corridors, natural heritage
priority sites, habitats of endangered or threatened species, large
areas of contiguous open space or upland forest, steep slopes, and
wellhead protection and groundwater recharge areas. Habitats of endangered
or threatened species are identified using the Department's Landscape
Project as approved by the Department's Endangered and Nongame
Species Program.
The detachment and movement of soil or rock fragments by
water, wind, ice, or gravity.
A stormwater management measure that manages stormwater close
to its source by:
An area within which water drains to a particular receiving
surface water body, also known as a "subwatershed," which is identified
by a fourteen-digit hydrologic unit boundary designation, delineated
within New Jersey by the United States Geological Survey.
A surface that has been covered with a layer of material
so that it is highly resistant to infiltration by water.
The process by which water seeps into the soil from precipitation.
One or more public entities having stormwater management
planning authority designated by the regional stormwater management
planning committee, pursuant to N.J.A.C. 7:8-3.2, that serves as the
primary representative of the committee.
An individual development, as well as multiple developments
that individually or collectively result in the disturbance of one
or more acres of land since February 2, 2004. Major development includes
all developments that are part of a common plan of development or
sale (for example, phased residential development) that collectively
or individually result in the disturbance of one or more acres of
land since February 2, 2004. Projects undertaken by any government
agency that otherwise meet the definition of "major development,"
but which do not require approval under the Municipal Land Use Law,
N.J.S.A. 40:55D-1 et seq., are also considered "major development."
Land vehicles propelled other than by muscular power, such
as automobiles, motorcycles, autocycles, and low-speed vehicles. For
the purposes of this definition, "motor vehicle" does not include
farm equipment, snowmobiles, all-terrain vehicles, motorized wheelchairs,
go-carts, gas buggies, golf carts, ski-slope grooming machines, or
vehicles that run only on rails or tracks.
Any pervious or impervious surface that is intended to be
used by motor vehicles (as defined above) and/or aircraft, and is
directly exposed to precipitation, including, but not limited to,
driveways, parking areas, parking garages, roads, racetracks, and
runways.
Any city, borough, town, or village.
The manual maintained by the Department providing, in part, design specifications, removal rates, calculation methods, and soil testing procedures approved by the Department as being capable of contributing to the achievement of the stormwater management standards specified in this chapter. The BMP Manual is periodically amended by the Department as necessary to provide design specifications on additional best management practices and new information on already included practices reflecting the best available current information regarding the particular practice and the Department's determination as to the ability of that best management practice to contribute to compliance with the standards contained in this chapter. Alternative stormwater management measures, removal rates and/or calculation methods may be utilized, subject to any limitations specified in this chapter, provided the design engineer demonstrates to the municipality, in accordance with § 258-7F of this chapter and N.J.A.C. 7:8-5.2(g), that the proposed measure and its design will contribute to achievement of the design and performance standards established by this chapter.
An area designated by the State Planning Commission concentrating
facilities and activities which are not organized in a compact form.
A chemical element or compound, such as nitrogen or phosphorus,
which is essential to and promotes the development of organisms.
Any individual, corporation, company, partnership, firm,
association, political subdivision of this state and any state, interstate
and/or federal agency.
Any dredged spoil, solid waste, incinerator residue, filter
backwash, sewage, garbage, refuse, oil, grease, sewage sludge, munitions,
chemical wastes, biological materials, medical wastes, radioactive
substance [except those regulated under the Atomic Energy Act of 1954,
as amended (42 U.S.C. § 2011 et seq.)], thermal waste, wrecked
or discarded equipment, rock, sand, cellar dirt, industrial, municipal,
agricultural, and construction waste or runoff, or other residue discharged
directly or indirectly to the land, groundwaters or surface waters
of the state, or to a domestic treatment works. "Pollutant" includes
both hazardous and nonhazardous pollutants.
The amount of water from precipitation that infiltrates into
the ground and is not evapotranspired.
Any of the following, alone or in combination:
A net increase of impervious surface;
The total area of impervious surface collected by a new stormwater
conveyance system (for the purpose of this definition, a "new stormwater
conveyance system" is a stormwater conveyance system that is constructed
where one did not exist immediately prior to its construction or an
existing system for which a new discharge location is created);
The total area of impervious surface proposed to be newly collected
by an existing stormwater conveyance system; and/or
The total area of impervious surface collected by an existing
stormwater conveyance system where the capacity of that conveyance
system is increased.
Any of the following, alone or in combination:
The total area of motor vehicle surface that is currently receiving
water;
A net increase in motor vehicle surface and/or quality treatment,
either by vegetation or soil, by an existing stormwater management
measure, or by treatment at a wastewater treatment plant, where the
water quality treatment will be modified or removed.
Solid material, mineral or organic, that is in suspension,
is being transported, or has been moved from its site of origin by
air, water or gravity as a product of erosion.
The lot or lots upon which a major development is to occur
or has occurred.
All unconsolidated mineral and organic material of any origin.
The geographic application of the State Development and Redevelopment
Plan's goals and statewide policies and the official map outlining
these goals and policies.
Water resulting from precipitation (including rain and snow)
that runs off the land's surface, is transmitted to the subsurface,
or is captured by separate storm sewers or other sewage or drainage
facilities, or conveyed by snow removal equipment.
An excavation or embankment and related areas designed to
retain stormwater runoff. A stormwater management BMP may either be
normally dry (that is, a detention basin or infiltration system),
retain water in a permanent pool (a retention basin), or be planted
mainly with wetland vegetation (most constructed stormwater wetlands).
Any practice, technology, process, program, or other method
intended to control or reduce stormwater runoff and associated pollutants,
or to induce or control the infiltration or groundwater recharge of
stormwater or to eliminate illicit or illegal nonstormwater discharges
into stormwater conveyances.
A public body authorized by legislation to prepare stormwater
management plans.
The geographic area for which a stormwater management planning
agency is authorized to prepare stormwater management plans, or a
specific portion of that area identified in a stormwater management
plan prepared by that agency.
Water flow on the surface of the ground or in storm sewers
resulting from precipitation.
A structure within, or adjacent to, a water, which intentionally
or coincidentally alters the hydraulic capacity, the flood elevation
resulting from the two-, ten-, or 100-year storm, flood hazard area
limit, and/or floodway limit of the water. Examples of a water control
structure may include a bridge, culvert, dam, embankment, ford (if
above grade), retaining wall, and weir.
The ocean and its estuaries, all springs, streams, wetlands,
and bodies of surface water or groundwater, whether natural or artificial,
within the boundaries of the State of New Jersey or subject to its
jurisdiction.
An area that is inundated or saturated by surface water or
groundwater at a frequency and duration sufficient to support, and
that under normal circumstances does support, a prevalence of vegetation
typically adapted for life in saturated soil conditions, commonly
known as "hydrophytic vegetation."
[Amended 2-22-2021 by Ord. No. 2021-2]
A.Â
Stormwater management measures for major development shall be designed
to provide erosion control, groundwater recharge, stormwater runoff
quantity control, and stormwater runoff quality treatment as follows:
(1)Â
The minimum standards for erosion control are those established under
the Soil and Sediment Control Act, N.J.S.A. 4:24-39 et seq., and implementing
rules at N.J.A.C. 2:90.
(2)Â
The minimum standards for groundwater recharge, stormwater quality,
and stormwater runoff quantity shall be met by incorporating green
infrastructure.
B.Â
The standards in this chapter apply only to new major development
and are intended to minimize the impact of stormwater runoff on water
quality and water quantity in receiving water bodies and maintain
groundwater recharge. The standards do not apply to new major development
to the extent that alternative design and performance standards are
applicable under a regional stormwater management plan or water quality
management plan (WQMP) adopted in accordance with Department rules.
[Amended 2-22-2021 by Ord. No. 2021-2]
A.Â
The development shall incorporate a maintenance plan for the stormwater management measures incorporated into the design of a major development in accordance with § 258-17 of this chapter below.
B.Â
Stormwater management measures shall avoid adverse impacts of concentrated
flow on habitat for threatened and endangered species as documented
in the Department's Landscape Project or Natural Heritage Database
established under N.J.S.A. 13:1B-15.147 through 13:1B-15.150, particularly
Helonias bullata (swamp pink) and/or Clemmys muhlenbergii (bog turtle).
C.Â
The following linear development projects are exempt from the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity requirements of §§ 258-9, 258-10 and 258-11 of this chapter below:
(1)Â
The construction of an underground utility line provided that the
disturbed areas are revegetated upon completion;
(2)Â
The construction of an aboveground utility line provided that the
existing conditions are maintained to the maximum extent practicable;
and
(3)Â
The construction of a public pedestrian access, such as a sidewalk
or trail with a maximum width of 14 feet, provided that the access
is made of permeable material.
D.Â
A waiver from strict compliance from the green infrastructure, groundwater recharge, stormwater runoff quality, and stormwater runoff quantity requirements of §§ 258-8, 258-9, 258-10 and 258-11 of this chapter below may be obtained for the enlargement of an existing public roadway or railroad; or the construction or enlargement of a public pedestrian access, provided that the following conditions are met:
(1)Â
The applicant demonstrates that there is a public need for the project
that cannot be accomplished by any other means;
(4)Â
The applicant demonstrates that it does not own or have other rights to areas, including the potential to obtain through condemnation lands not falling under §§ 258-7D(3) above within the upstream drainage area of the receiving stream, that would provide additional opportunities to mitigate the requirements of §§ 258-8, 258-9, 258-10 and 258-11 of this chapter below that were not achievable on site.
E.Â
Tables 1 through 3 below summarize the ability of stormwater best management practices identified and described in the New Jersey Stormwater Best Management Practices Manual to satisfy the green infrastructure, groundwater recharge, stormwater runoff quality and stormwater runoff quantity standards specified in §§ 258-8, 258-9, 258-10 and 258-11 of this chapter below. When designed in accordance with the most current version of the New Jersey Stormwater Best Management Practices Manual, the stormwater management measures found at N.J.A.C. 7:8-5.2(f), Tables 5-1, 5-2 and 5-3, and listed below in Tables 1, 2 and 3 are presumed to be capable of providing stormwater controls for the design and performance standards as outlined in the tables below. Upon amendments of the New Jersey Stormwater Best Management Practices to reflect additions or deletions of BMPs meeting these standards, or changes in the presumed performance of BMPs designed in accordance with the New Jersey Stormwater BMP Manual, the Department shall publish in the New Jersey Registers a notice of administrative change revising the applicable table. The most current version of the BMP Manual can be found on the Department's website at: https://njstormwater.org/bmp_manual2.htm.
F.Â
Where the BMP tables in the New Jersey Stormwater Management Rule
are different due to updates or amendments with the tables in this
chapter, the BMP tables in the Stormwater Management Rule at N.J.A.C.
7:8-5.2(f) shall take precedence.
|
Table 1
| ||||
|---|---|---|---|---|
|
Green Infrastructure BMPs for Groundwater Recharge, Stormwater
Runoff Quality, and/or Stormwater Runoff Quantity
| ||||
|
Best Management Practice
|
Stormwater Runoff Quality TSS Removal Rate
(percent)
|
Stormwater Runoff Quantity
|
Groundwater Recharge
|
Minimum Separation from Seasonal High Water Table
(feet)
|
|
Cistern
|
0
|
Yes
|
No
|
—
|
|
Dry well(a)
|
0
|
No
|
Yes
|
2
|
|
Grass swale
|
50 or less
|
No
|
No
|
2(e)
1(f)
|
|
Green roof
|
0
|
Yes
|
No
|
—
|
|
Manufactured treatment device(a) (g)
|
50 or 80
|
No
|
No
|
Dependent upon the device
|
|
Pervious paving system(a)
|
80
|
Yes
|
Yes(b)
No(c)
|
2(b)
1(c)
|
|
Small-scale bioretention basin(a)
|
80 or 90
|
Yes
|
Yes(b)
No(c)
|
2(b)
1(c)
|
|
Small-scale infiltration basin(a)
|
80
|
Yes
|
Yes
|
2
|
|
Small-scale sand filter
|
80
|
Yes
|
Yes
|
2
|
|
Vegetative filter strip
|
60-80
|
No
|
No
|
—
|
|
Table 2
| ||||
|---|---|---|---|---|
|
Green Infrastructure BMPs for Stormwater Runoff Quantity
(or for Groundwater Recharge and/or Stormwater Runoff Quality
with a Waiver or Variance from N.J.A.C. 7:8-5.3)
| ||||
|
Best Management Practice
|
Stormwater Runoff Quality TSS Removal Rate
(percent)
|
Stormwater Runoff Quantity
|
Groundwater Recharge
|
Minimum Separation from Seasonal High Water Table
(feet)
|
|
Bioretention system
|
80 or 90
|
Yes
|
Yes(b)
No(c)
|
2(b)
1(c)
|
|
Infiltration basin
|
80
|
Yes
|
Yes
|
2
|
|
Sand filter(b)
|
80
|
Yes
|
Yes
|
2
|
|
Standard constructed wetland
|
90
|
Yes
|
No
|
N/A
|
|
Wet pond(d)
|
50-90
|
Yes
|
No
|
N/A
|
|
Table 3
| ||||
|---|---|---|---|---|
|
BMPs for Groundwater Recharge, Stormwater Runoff Quality, and/or
Stormwater Runoff Quantity
only with a Waiver or Variance from N.J.A.C. 7:8-5.3
| ||||
|
Best Management Practice
|
Stormwater Runoff Quality TSS Removal Rate
(percent)
|
Stormwater Runoff Quantity
|
Groundwater Recharge
|
Minimum Separation from Seasonal High Water Table
(feet)
|
|
Blue roof
|
0
|
Yes
|
No
|
N/A
|
|
Extended detention basin
|
40-60
|
Yes
|
No
|
1
|
|
Manufactured treatment device(h)
|
50 or 80
|
No
|
No
|
Dependent upon the device
|
|
Sand filter(c)
|
80
|
Yes
|
No
|
1
|
|
Subsurface gravel wetland
|
90
|
No
|
No
|
1
|
|
Wet pond
|
50-90
|
Yes
|
No
|
N/A
|
|
Notes to Tables 1, 2, and 3:
| |
|
(a)
|
Subject to the applicable contributory drainage area limitation specified at § 258-8A of this chapter below;
|
|
(b)
|
Designed to infiltrate into the subsoil;
|
|
(c)
|
Designed with underdrains;
|
|
(d)
|
Designed to maintain at least a ten-foot-wide area of native
vegetation along at least 50% of the shoreline and to include a stormwater
runoff retention component designed to capture stormwater runoff for
beneficial reuse, such as irrigation;
|
|
(e)
|
Designed with a slope of less than 2%;
|
|
(f)
|
Designed with a slope of equal to or greater than 2%;
|
|
(g)
|
Manufactured treatment devices that meet the definition of "green infrastructure" at § 258-5 of this chapter above; and/or
|
|
(h)
|
Manufactured treatment devices that do not meet the definition of "green infrastructure" at § 258-5 of this chapter above.
|
G.Â
An alternative stormwater management measure, alternative removal rate, and/or alternative method to calculate the removal rate may be used if the design engineer demonstrates the capability of the proposed alternative stormwater management measure and/or the validity of the alternative rate or method to the municipality. A copy of any approved alternative stormwater management measure, alternative removal rate, and/or alternative method to calculate the removal rate shall be provided to the Department in accordance with § 258-13B of this chapter below. Alternative stormwater management measures may be used to satisfy the requirements at § 258-8 of this chapter below only if the measures meet the definition of "green infrastructure" at § 258-5 of this chapter above. Alternative stormwater management measures that function in a similar manner to a BMP listed at § 258-8A of this chapter below are subject to the contributory drainage area limitation specified at § 258-8A of this chapter below for that similarly functioning BMP. Alternative stormwater management measures approved in accordance with this subsection that do not function in a similar manner to any BMP listed at § 258-8A of this chapter below shall have a contributory drainage area less than or equal to 2 1/2 acres, except for alternative stormwater management measures that function similarly to cisterns, grass swales, green roofs, standard constructed wetlands, vegetative filter strips, and wet ponds, which are not subject to a contributory drainage area limitation. Alternative measures that function similarly to standard constructed wetlands or wet ponds shall not be used for compliance with the stormwater runoff quality standard unless a variance in accordance with N.J.A.C. 7:8-4.6 or a waiver from strict compliance in accordance with § 258-7D of this chapter above is granted from § 258-8 of this chapter below.
H.Â
Whenever the stormwater management design includes one or more BMPs
that will infiltrate stormwater into subsoil, the design engineer
shall assess the hydraulic impact on the groundwater table and design
the site so as to avoid adverse hydraulic impacts. Potential adverse
hydraulic impacts include, but are not limited to, exacerbating a
naturally or seasonally high water table, so as to cause surficial
ponding, flooding of basements, or interference with the proper operation
of subsurface sewage disposal systems or other subsurface structures
within the zone of influence of the groundwater mound, or interference
with the proper functioning of the stormwater management measure itself.
I.Â
Design standards for stormwater management measures are as follows:
(1)Â
Stormwater management measures shall be designed to take into account
the existing site conditions, including, but not limited to, environmentally
critical areas; wetlands; flood-prone areas; slopes; depth to seasonal
high water table; soil type, permeability, and texture; drainage area
and drainage patterns; and the presence of solution-prone carbonate
rocks (limestone);
(2)Â
Stormwater management measures shall be designed to minimize maintenance, facilitate maintenance and repairs, and ensure proper functioning. Trash racks shall be installed at the intake to the outlet structure, as appropriate, and shall have parallel bars with one-inch spacing between the bars to the elevation of the water quality design storm. For elevations higher than the water quality design storm, the parallel bars at the outlet structure shall be spaced no greater than 1/3 the width of the diameter of the orifice or 1/3 the width of the weir, with a minimum spacing between bars of one inch and a maximum spacing between bars of six inches. In addition, the design of trash racks must comply with the requirements of § 258-15B of the chapter below;
(3)Â
Stormwater management measures shall be designed, constructed, and
installed to be strong, durable, and corrosion resistant. Measures
that are consistent with the relevant portions of the Residential
Site Improvement Standards (RSIS) at N.J.A.C. 5:21-7.3, 7.4, and 7.5
shall be deemed to meet this requirement;
(4)Â
Stormwater management BMPs shall be designed to meet the minimum safety standards for stormwater management BMPs at § 258-15 of this chapter below; and
(5)Â
The size of the orifice at the intake to the outlet from the stormwater
management BMP shall be a minimum of 2Â 1/2 inches in diameter.
J.Â
Manufactured treatment devices may be used to meet the requirements of this chapter, provided that the pollutant removal rates are verified by the New Jersey Corporation for Advanced Technology and certified by the Department. Manufactured treatment devices that do not meet the definition of "green infrastructure" at § 258-5 of this chapter above may be used only under the circumstances described at § 258-8C of this chapter below.
K.Â
Any application for a new agricultural development that meets the definition of "major development" at § 258-5 of this chapter above shall be submitted to the Soil Conservation District for review and approval in accordance with the requirements at §§ 258-8, 258-9, 258-10 and 258-11 of this chapter below and any applicable Soil Conservation District guidelines for stormwater runoff quantity and erosion control. For purposes of this subsection, "agricultural development" means land uses normally associated with the production of food, fiber, and livestock for sale. Such uses do not include the development of land for the processing or sale of food and the manufacture of agriculturally related products.
L.Â
If there is more than one drainage area, the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at §§ 258-9, 258-10 and 258-11 of this chapter below shall be met in each drainage area, unless the runoff from the drainage areas converge on site and no adverse environmental impact would occur as a result of compliance with any one or more of the individual standards being determined utilizing a weighted average of the results achieved for that individual standard across the affected drainage areas.
M.Â
Any stormwater management measure authorized under the municipal stormwater management plan or ordinance shall be reflected in a deed notice recorded in the Sussex County Clerk's office. A form of deed notice shall be submitted to the municipality for approval prior to filing. The deed notice shall contain a description of the stormwater management measure(s) used to meet the green infrastructure, groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at §§ 258-8, 258-9, 258-10 and 258-11 of this chapter below and shall identify the location of the stormwater management measure(s) in NAD 1983 State Plane New Jersey FIPS 2900 US feet or latitude and longitude in decimal degrees. The deed notice shall also reference the maintenance plan required to be recorded upon the deed pursuant to § 258-17B(5) of this chapter below. Prior to the commencement of construction, proof that the above required deed notice has been filed shall be submitted to the municipality. Proof that the required information has been recorded on the deed shall be in the form of either a copy of the complete recorded document or a receipt from the Clerk or other proof of recordation provided by the recording office. However, if the initial proof provided to the municipality is not a copy of the complete recorded document, a copy of the complete recorded document shall be provided to the municipality within 180 calendar days of the authorization granted by the municipality.
N.Â
A stormwater management measure approved under the municipal stormwater management plan or ordinance may be altered or replaced with the approval of the municipality, if the municipality determines that the proposed alteration or replacement meets the design and performance standards pursuant to §§ 258-7, 258-8, 258-9, 258-10 and 258-11 of this chapter and provides the same level of stormwater management as the previously approved stormwater management measure that is being altered or replaced. If an alteration or replacement is approved, a revised deed notice shall be submitted to the municipality for approval and subsequently recorded with the Sussex County Clerk's Office and shall contain a description and location of the stormwater management measure, as well as reference to the maintenance plan, in accordance with § 258-7M above. Prior to the commencement of construction, proof that the above required deed notice has been filed shall be submitted to the municipality in accordance with § 258-7M above.
[Amended 2-22-2021 by Ord. No. 2021-2]
This section specifies the types of green infrastructure BMPs
that may be used to satisfy the groundwater recharge, stormwater runoff
quality, and stormwater runoff quantity standards.
A.Â
To satisfy the groundwater recharge and stormwater runoff quality standards at §§ 258-9 and 258-10 of this chapter below, the design engineer shall utilize green infrastructure BMPs identified in Table 1 at § 258-7F of this chapter above and/or an alternative stormwater management measure approved in accordance with § 258-7G of this chapter above. The following green infrastructure BMPs are subject to the following maximum contributory drainage area limitations:
|
Best Management Practice
|
Maximum Contributory Drainage Area
|
|---|---|
|
Dry well
|
1 acre
|
|
Manufactured treatment device
|
2.5 acres
|
|
Pervious pavement systems
|
Area of additional inflow cannot exceed 3 times the area occupied
by the BMP
|
|
Small-scale bioretention systems
|
2.5 acres
|
|
Small-scale infiltration basin
|
2.5 acres
|
|
Small-scale sand filter
|
2.5 acres
|
C.Â
If a variance in accordance with N.J.A.C. 7:8-4.6 or a waiver from strict compliance in accordance with § 258-7D of this chapter above is granted from the requirements of this subsection, then BMPs from Table 1, 2, or 3, and/or an alternative stormwater management measure approved in accordance with § 258-7G of this chapter above, may be used to meet the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at §§ 258-9, 258-10 and 250-11 of this chapter below.
D.Â
For separate or combined storm sewer improvement projects, such as sewer separation, undertaken by a government agency or public utility (for example, a sewerage company), the requirements of this subsection shall only apply to areas owned in fee simple by the government agency or utility and areas within a right-of-way or easement held or controlled by the government agency or utility; the entity shall not be required to obtain additional property or property rights to fully satisfy the requirements of this subsection. Regardless of the amount of area of a separate or combined storm sewer improvement project subject to the green infrastructure requirements of this subsection, each project shall fully comply with the applicable groundwater recharge, stormwater runoff quality control, and stormwater runoff quantity standards at §§ 258-9, 258-10 and 258-11 of this chapter below, unless the project is granted a waiver from strict compliance in accordance with § 258-7D of this chapter above.
[Amended 2-22-2021 by Ord. No. 2021-2]
This section contains the minimum design and performance standards
for groundwater recharge as follows:
A.Â
The design engineer shall, using the assumptions and factors for stormwater runoff and groundwater recharge calculations at § 258-12 of this chapter below, either:
(1)Â
Demonstrate through hydrologic and hydraulic analysis that the site
and its stormwater management measures maintain 100% of the average
annual pre-construction groundwater recharge volume for the site;
or
(2)Â
Demonstrate through hydrologic and hydraulic analysis that the increase
of stormwater runoff volume from pre-construction to post-construction
for the two-year storm is infiltrated.
B.Â
This groundwater recharge requirement does not apply to projects within the urban redevelopment area or to projects subject to § 258-9C below.
C.Â
The following types of stormwater shall not be recharged:
(1)Â
Stormwater from areas of high pollutant loading. High pollutant loading
areas are areas in industrial and commercial developments where solvents
and/or petroleum products are loaded/unloaded, stored, or applied;
areas where pesticides are loaded/unloaded or stored; areas where
hazardous materials are expected to be present in greater than "reportable
quantities" as defined by the United States Environmental Protection
Agency (EPA) at 40 CFR 302.4; areas where recharge would be inconsistent
with Department-approved remedial action work plan or landfill closure
plan and areas with high risks for spills of toxic materials, such
as gas stations and vehicle maintenance facilities; and
(2)Â
Industrial stormwater exposed to source material. "Source material"
means any material(s) or machinery, located at an industrial facility,
that is directly or indirectly related to process, manufacturing or
other industrial activities, which could be a source of pollutants
in any industrial stormwater discharge to groundwater. Source materials
include, but are not limited to, raw materials; intermediate products;
final products; waste materials; by-products; industrial machinery
and fuels, and lubricants, solvents and detergents that are related
to process, manufacturing, or other industrial activities that are
exposed to stormwater.
[Amended 2-22-2021 by Ord. No. 2021-2]
This section contains the minimum design and performance standards
to control stormwater runoff quality impacts of major development.
Stormwater runoff quality standards are applicable when the major
development results in an increase of 1/4 acre or more of regulated
motor vehicle surface.
A.Â
Stormwater management measures shall be designed to reduce the post-construction
load of total suspended solids (TSS) in stormwater runoff generated
from the water quality design storm as follows:
(1)Â
Eighty percent TSS removal of the anticipated load, expressed as
an annual average, shall be achieved for the stormwater runoff from
the net increase of motor vehicle surface.
(2)Â
If the surface is considered regulated motor vehicle surface because
the water quality treatment for an area of motor vehicle surface that
is currently receiving water quality treatment either by vegetation
or soil, by an existing stormwater management measure, or by treatment
at a wastewater treatment plant is to be modified or removed, the
project shall maintain or increase the existing TSS removal of the
anticipated load expressed as an annual average.
B.Â
The requirement to reduce TSS does not apply to any stormwater runoff in a discharge regulated under a numeric effluent limitation for TSS imposed under the New Jersey Pollutant Discharge Elimination System (NJPDES) rules, N.J.A.C. 7:14A, or in a discharge specifically exempt under a NJPDES permit from this requirement. Every major development, including any that discharge into a combined sewer system, shall comply with Subsection A above, unless the major development is itself subject to a NJPDES permit with a numeric effluent limitation for TSS or the NJPDES permit to which the major development is subject exempts the development from a numeric effluent limitation for TSS.
C.Â
The water quality design storm is 1Â 1/4 inches of rainfall in
two hours. Water quality calculations shall take into account the
distribution of rain from the water quality design storm, as reflected
in Table 4 below. The calculation of the volume of runoff may take
into account the implementation of stormwater management measures.
|
Table 4 - Water Quality Design Storm Distribution
| |||||
|---|---|---|---|---|---|
|
Time
(Minutes)
|
Cumulative Rainfall
(inches)
|
Time
(minutes)
|
Cumulative Rainfall
(inches)
|
Time
(minutes)
|
Cumulative Rainfall
(inches)
|
|
1
|
0.00166
|
41
|
0.1728
|
81
|
1.0906
|
|
2
|
0.00332
|
42
|
0.1796
|
82
|
1.0972
|
|
3
|
0.00498
|
43
|
0.1864
|
83
|
1.1038
|
|
4
|
0.00664
|
44
|
0.1932
|
84
|
1.1104
|
|
5
|
0.00830
|
45
|
0.2000
|
85
|
1.1170
|
|
6
|
0.00996
|
46
|
0.2117
|
86
|
1.1236
|
|
7
|
0.01162
|
47
|
0.2233
|
87
|
1.1302
|
|
8
|
0.01328
|
48
|
0.2350
|
88
|
1.1368
|
|
9
|
0.01494
|
49
|
0.2466
|
89
|
1.1434
|
|
10
|
0.01660
|
50
|
0.2583
|
90
|
1.1500
|
|
11
|
0.01828
|
51
|
0.2783
|
91
|
1.1550
|
|
12
|
0.01996
|
52
|
0.2983
|
92
|
1.1600
|
|
13
|
0.02164
|
53
|
0.3183
|
93
|
1.1650
|
|
14
|
0.02332
|
54
|
0.3383
|
94
|
1.1700
|
|
15
|
0.02500
|
55
|
0.3583
|
95
|
1.1750
|
|
16
|
0.03000
|
56
|
0.4116
|
96
|
1.1800
|
|
17
|
0.03500
|
57
|
0.4650
|
97
|
1.1850
|
|
18
|
0.04000
|
58
|
0.5183
|
98
|
1.1900
|
|
19
|
0.04500
|
59
|
0.5717
|
99
|
1.1950
|
|
20
|
0.05000
|
60
|
0.6250
|
100
|
1.2000
|
|
21
|
0.05500
|
61
|
0.6783
|
101
|
1.2050
|
|
22
|
0.06000
|
62
|
0.7317
|
102
|
1.2100
|
|
23
|
0.06500
|
63
|
0.7850
|
103
|
1.2150
|
|
24
|
0.07000
|
64
|
0.8384
|
104
|
1.2200
|
|
25
|
0.07500
|
65
|
0.8917
|
105
|
1.2250
|
|
26
|
0.08000
|
66
|
0.9117
|
106
|
1.2267
|
|
27
|
0.08500
|
67
|
0.9317
|
107
|
1.2284
|
|
28
|
0.09000
|
68
|
0.9517
|
108
|
1.2300
|
|
29
|
0.09500
|
69
|
0.9717
|
109
|
1.2317
|
|
30
|
0.10000
|
70
|
0.9917
|
110
|
1.2334
|
|
31
|
0.10660
|
71
|
1.0034
|
111
|
1.2351
|
|
32
|
0.11320
|
72
|
1.0150
|
112
|
1.2367
|
|
33
|
0.11980
|
73
|
1.0267
|
113
|
1.2384
|
|
34
|
0.12640
|
74
|
1.0383
|
114
|
1.2400
|
|
35
|
0.13300
|
75
|
1.0500
|
115
|
1.2417
|
|
36
|
0.13960
|
76
|
1.0568
|
116
|
1.2434
|
|
37
|
0.14620
|
77
|
1.0636
|
117
|
1.2450
|
|
38
|
0.15280
|
78
|
1.0704
|
118
|
1.2467
|
|
39
|
0.15940
|
79
|
1.0772
|
119
|
1.2483
|
|
40
|
0.16600
|
80
|
1.0840
|
120
|
1.2500
|
D.Â
If more than one BMP in series is necessary to achieve the required
80% TSS reduction for a site, the applicant shall utilize the following
formula to calculate TSS reduction:
|
R = A + B - (A x B)/100
|
|
Where:
| ||
|
R
|
=
|
Total TSS percent load removal from application of both BMPs;
|
|
A
|
=
|
The TSS percent removal rate applicable to the first BMP; and
|
|
B
|
=
|
The TSS percent removal rate applicable to the second BMP.
|
E.Â
Stormwater management measures shall also be designed to reduce, to the maximum extent feasible, the post-construction nutrient load of the anticipated load from the developed site in stormwater runoff generated from the water quality design storm. In achieving reduction of nutrients to the maximum extent feasible, the design of the site shall include green infrastructure BMPs that optimize nutrient removal while still achieving the performance standards in §§ 258-9, 258-10 and 258-11 of this chapter.
F.Â
In accordance with the definition of "FW1" at N.J.A.C. 7:9B-1.4,
stormwater management measures shall be designed to prevent any increase
in stormwater runoff to waters classified as FW1.
G.Â
The Flood Hazard Area Control Act Rules, at N.J.A.C. 7:13-4.1(c)1,
establish 300-foot riparian zones along Category One waters, as designated
in the Surface Water Quality Standards at N.J.A.C. 7:9B, and certain
upstream tributaries to Category One waters. A person shall not undertake
a major development that is located within or discharges into a 300-foot
riparian zone without prior authorization from the Department under
N.J.A.C. 7:13.
H.Â
Pursuant to the Flood Hazard Area Control Act Rules at N.J.A.C. 7:13-11.2(j)3.i,
runoff from the water quality design storm that is discharged within
a 300-foot riparian zone shall be treated in accordance with this
subsection to reduce the post-construction load of total suspended
solids by 95% of the anticipated load from the developed site, expressed
as an annual average.
I.Â
These stormwater runoff quality standards do not apply to the construction
of one individual single-family dwelling, provided that it is not
part of a larger development or subdivision that has received preliminary
or final site plan approval prior to December 3, 2018, and that the
motor vehicle surfaces are made of permeable material(s) such as gravel,
dirt, and/or shells.
[Amended 2-22-2021 by Ord. No. 2021-2]
This section contains the minimum design and performance standards
to control stormwater runoff quantity impacts of major development.
A.Â
In order to control stormwater runoff quantity impacts, the design engineer shall, using the assumptions and factors for stormwater runoff calculations at § 258-12 of this chapter below, complete one of the following:
(1)Â
Demonstrate through hydrologic and hydraulic analysis that for stormwater
leaving the site, post-construction runoff hydrographs for the two-,
ten-, and 100-year storm events do not exceed, at any point in time,
the pre-construction runoff hydrographs for the same storm events;
(2)Â
Demonstrate through hydrologic and hydraulic analysis that there
is no increase, as compared to the pre-construction condition, in
the peak runoff rates of stormwater leaving the site for the two-,
ten- and 100-year storm events and that the increased volume or change
in timing of stormwater runoff will not increase flood damage at or
downstream of the site. This analysis shall include the analysis of
impacts of existing land uses and projected land uses assuming full
development under existing zoning and land use ordinances in the drainage
area;
(3)Â
Design stormwater management measures so that the post-construction
peak runoff rates for the two-, ten- and 100-year storm events are
50%, 75% and 80%, respectively, of the pre-construction peak runoff
rates. The percentages apply only to the post-construction stormwater
runoff that is attributable to the portion of the site on which the
proposed development or project is to be constructed; or
(4)Â
In tidal flood hazard areas, stormwater runoff quantity analysis in accordance with § 258-11A(1), (2), and (3) above is required unless the design engineer demonstrates through hydrologic and hydraulic analysis that the increased volume, change in timing, or increased rate of the stormwater runoff, or any combination of the three, will not result in additional flood damage below the point of discharge of the major development. No analysis is required if the stormwater is discharged directly into any ocean, bay, inlet, or the reach of any watercourse between its confluence with an ocean, bay, or inlet and downstream of the first water control structure.
B.Â
The stormwater runoff quantity standards shall be applied at the
site's boundary to each abutting lot, roadway, watercourse, or
receiving storm sewer system.
[Amended 2-22-2021 by Ord. No. 2021-2]
A.Â
Stormwater runoff shall be calculated in accordance with the following:
(1)Â
The design engineer shall calculate runoff using one of the following
methods:
(a)Â
The USDA Natural Resources Conservation Service (NRCS) methodology,
including the NRCS Runoff Equation and Dimensionless Unit Hydrograph,
as described in Chapters 7, 9, 10, 15, and 16, Part 630, Hydrology
National Engineering Handbook, incorporated herein by reference as
amended and supplemented. This methodology is additionally described
in Technical Release 55 - Urban Hydrology for Small Watersheds (TR-55),
dated June 1986, incorporated herein by reference as amended and supplemented.
Information regarding the methodology is available from the Natural
Resources Conservation Service website at https://www.nrcs.usda.gov/Internet/FSE_DOCUMENTS/stelprdb1044171.pdf
or at United States Department of Agriculture Natural Resources Conservation
Service, 220 Davidson Avenue, Somerset, New Jersey 08873; or
(b)Â
The Rational Method for peak flow and the Modified Rational
Method for hydrograph computations. The Rational and Modified Rational
Methods are described in "Appendix A-9 Modified Rational Method" in
the Standards for Soil Erosion and Sediment Control in New Jersey,
January 2014. This document is available from the State Soil Conservation
Committee or any of the Soil Conservation Districts listed at N.J.A.C.
2:90-1.3(a)3. The location, address, and telephone number for each
Soil Conservation District is available from the State Soil Conservation
Committee, PO Box 330, Trenton, New Jersey 08625. The document is
also available at: http://www.nj.gov/agriculture/divisions/anr/pdf/2014NJSoilErosionControlStand
ardsComplete.pdf.
(2)Â
For the purpose of calculating runoff coefficients and groundwater recharge, there is a presumption that the pre-construction condition of a site or portion thereof is a wooded land use with good hydrologic condition. The term "runoff coefficient" applies to both the NRCS methodology above at § 258-12A(1)(a) above and the Rational and Modified Rational Methods at § 258-12A(1)(b) above. A runoff coefficient or a groundwater recharge land cover for an existing condition may be used on all or a portion of the site if the design engineer verifies that the hydrologic condition has existed on the site or portion of the site for at least five years without interruption prior to the time of application. If more than one land cover has existed on the site during the five years immediately prior to the time of application, the land cover with the lowest runoff potential shall be used for the computations. In addition, there is the presumption that the site is in good hydrologic condition (if the land use type is pasture, lawn, or park), with good cover (if the land use type is woods), or with good hydrologic condition and conservation treatment (if the land use type is cultivation).
(3)Â
In computing pre-construction stormwater runoff, the design engineer
shall account for all significant land features and structures, such
as ponds, wetlands, depressions, hedgerows, or culverts, that may
reduce pre-construction stormwater runoff rates and volumes.
(4)Â
In computing stormwater runoff from all design storms, the design
engineer shall consider the relative stormwater runoff rates and/or
volumes of pervious and impervious surfaces separately to accurately
compute the rates and volume of stormwater runoff from the site. To
calculate runoff from unconnected impervious cover, urban impervious
area modifications as described in the NRCS Technical Release 55 -
Urban Hydrology for Small Watersheds or other methods may be employed.
(5)Â
If the invert of the outlet structure of a stormwater management
measure is below the flood hazard design flood elevation as defined
at N.J.A.C. 7:13, the design engineer shall take into account the
effects of tailwater in the design of structural stormwater management
measures.
B.Â
Groundwater recharge may be calculated in accordance with the following:
The New Jersey Geological Survey Report GSR-32, A Method for Evaluating
Groundwater-Recharge Areas in New Jersey, is incorporated herein by
reference as amended and supplemented. Information regarding the methodology
is available from the New Jersey Stormwater Best Management Practices
Manual; at the New Jersey Geological Survey website at https://www.nj.gov/dep/njgs/pricelst/gsreport/gsr32.pdf;
or at New Jersey Geological and Water Survey, 29 Arctic Parkway, PO
Box 420 Mail Code 29-01, Trenton, New Jersey 08625-0420.
[Amended 2-13-2012 by Ord. No. 2012-2; 2-22-2021 by Ord. No. 2021-2]
A.Â
Technical guidance for stormwater management measures can be found
in the documents listed below, which are available to download from
the Department's website at: http://www.nj.gov/dep/stormwater/bmp_manual2.htm.
(1)Â
Guidelines for stormwater management measures are contained in the
New Jersey Stormwater Best Management Practices Manual, as amended
and supplemented. Information is provided on stormwater management
measures such as, but not limited to, those listed in Tables 1, 2,
and 3.
(2)Â
Additional maintenance guidance is available on the Department's
website at: https://www.njstormwater.org/maintenance_guidance.htm.
B.Â
Submissions required for review by the Department should be mailed
to: The Division of Water Quality, New Jersey Department of Environmental
Protection, Mail Code 401-02B, PO Box 420, Trenton, New Jersey 08625-0420.
[Amended 2-13-2012 by Ord. No. 2012-2; 2-22-2021 by Ord. No. 2021-2]
Site design features identified under § 258-7F of this chapter above, or alternative designs in accordance with § 258-7G of this chapter above, to prevent discharge of trash and debris from drainage systems shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets. For purposes of this section, "solid and floatable materials" means sediment, debris, trash, and other floating, suspended, or settleable solids. For exemptions to this standard, see § 258-14B below.
A.Â
Design engineers shall use one of the following grates whenever they
use a grate in pavement or another ground surface to collect stormwater
from that surface into a storm drain or surface water body under that
grate:
(1)Â
The New Jersey Department of Transportation (NJDOT) bicycle-safe
grate, which is described in Chapter 2.4 of the NJDOT Bicycle Compatible
Roadways and Bikeways Planning and Design Guidelines; or
(2)Â
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
1/2 inch across the smallest dimension.
(a)Â
Examples of grates subject to this standard include grates in
grate inlets, the grate portion (non-curb-opening portion) of combination
inlets, grates on storm sewer manholes, ditch grates, trench grates,
and grates of spacer bars in slotted drains. Examples of ground surfaces
include surfaces of roads (including bridges), driveways, parking
areas, bikeways, plazas, sidewalks, lawns, fields, open channels,
and stormwater system floors used to collect stormwater from the surface
into a storm drain or surface water body.
(3)Â
For curb-opening inlets, including curb-opening inlets in combination
inlets, the clear space in that curb opening, or each individual clear
space if the curb opening has two or more clear spaces, shall have
an area of no more than seven square inches, or be no greater than
two inches across the smallest dimension.
B.Â
The standard in § 258-14A above does not apply:
(1)Â
Where each individual clear space in the curb opening in the existing
curb-opening inlet does not have an area of more than nine square
inches;
(2)Â
Where the municipality agrees that the standards would cause inadequate
hydraulic performance that could not practicably be overcome by using
additional or larger storm drain inlets;
(3)Â
Where flows from the water quality design storm as specified in N.J.A.C.
7:8 are conveyed through any device (e.g., end of pipe netting facility,
manufactured treatment device, or a catch basin hood) that is designed,
at a minimum, to prevent delivery of all solid and floatable materials
that could not pass through one of the following:
(4)Â
Note that these exemptions do not authorize any infringement of requirements
in the Residential Site Improvement Standards for bicycle-safe grates
in new residential development [N.J.A.C. 5:21-4.18(b)2 and 7.4(b)1].
(5)Â
Where flows are conveyed through a trash rack that has parallel bars
with one-inch spacing between the bars, to the elevation of the water
quality design storm as specified in N.J.A.C. 7:8; or
(6)Â
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.
[Amended 2-22-2021 by Ord. No. 2021-2]
This section sets forth requirements to protect public safety
through the proper design and operation of stormwater management BMPs.
This section applies to any new stormwater management BMP.
A.Â
The provisions of this section are not intended to preempt more stringent municipal or county safety requirements for new or existing stormwater management BMPs. Municipal and county stormwater management plans and ordinances may, pursuant to their authority, require existing stormwater management BMPs to be retrofitted to meet one or more of the safety standards in § 258-15B(1), (2) and (3) below for trash racks, overflow grates, and escape provisions at outlet structures.
B.Â
Requirements for trash racks, overflow grates, and escape provisions.
(1)Â
A trash rack is a device designed to catch trash and debris and prevent
the clogging of outlet structures. Trash racks shall be installed
at the intake to the outlet from the stormwater management BMP to
ensure proper functioning of the BMP outlets in accordance with the
following:
(a)Â
The trash rack shall have parallel bars, with no greater than
six-inch spacing between the bars;
(b)Â
The trash rack shall be designed so as not to adversely affect
the hydraulic performance of the outlet pipe or structure;
(c)Â
The average velocity of flow through a clean trash rack is not
to exceed 2Â 1/2 feet per second under the full range of stage
and discharge. Velocity is to be computed on the basis of the net
area of opening through the rack; and
(d)Â
The trash rack shall be constructed of rigid, durable, and corrosion-resistant
material and designed to withstand a perpendicular live loading of
300 pounds per square foot.
(2)Â
An overflow grate is designed to prevent obstruction of the overflow
structure. If an outlet structure has an overflow grate, such grate
shall meet the following requirements:
(a)Â
The overflow grate shall be secured to the outlet structure
but removable for emergencies and maintenance;
(b)Â
The overflow grate spacing shall be no less than two inches
across the smallest dimension; and
(c)Â
The overflow grate shall be constructed and installed to be
rigid, durable, and corrosion resistant, and shall be designed to
withstand a perpendicular live loading of 300 pounds per square foot.
(3)Â
Stormwater management BMPs shall include escape provisions as follows:
(a)Â
If a stormwater management BMP has an outlet structure, escape provisions shall be incorporated in or on the structure. Escape provisions include the installation of permanent ladders, steps, rungs, or other features that provide easily accessible means of egress from stormwater management BMPs. With the prior approval of the municipality pursuant to § 258-15B herein, a freestanding outlet structure may be exempted from this requirement;
(b)Â
Safety ledges shall be constructed on the slopes of all new stormwater management BMPs having a permanent pool of water deeper than 2 1/2 feet. Safety ledges shall be comprised of two steps. Each step shall be four feet 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 foot to 1 1/2 feet above the permanent water surface. See § 258-15D below for an illustration of safety ledges in a stormwater management BMP; and
(c)Â
In new stormwater management BMPs, the maximum interior slope
for an earthen dam, embankment, or berm shall not be steeper than
three horizontal to one vertical.
C.Â
Variance or exemption from safety standard. A variance or exemption
from the safety standards for stormwater management BMPs may be granted
only upon a written finding by the municipality that the variance
or exemption will not constitute a threat to public safety.
D.Â
Safety ledge illustration.
 |
[Amended 2-22-2021 by Ord. No. 2021-2]
A.Â
Submission of site development stormwater plan.
(1)Â
Whenever an applicant seeks municipal approval of a development subject to this chapter, the applicant shall submit all of the required components of the checklist for the site development stormwater plan at § 258-16C below as part of the submission of the application for approval.
(2)Â
The applicant shall demonstrate that the project meets the standards
set forth in this chapter.
B.Â
Site development stormwater plan approval. The applicant's site
development project shall be reviewed as a part of the review process
by the municipal board or official from which municipal approval is
sought. That municipal board or official shall consult the municipality's
review engineer to determine if all of the checklist requirements
have been satisfied and to determine if the project meets the standards
set forth in this chapter.
C.Â
Submission of site development stormwater plan. The following information
shall be required:
(1)Â
Topographic base map. The reviewing engineer may require upstream
tributary drainage system information as necessary. It is recommended
that the topographic base map of the site be submitted which extends
a minimum of 200 feet beyond the limits of the proposed development,
at a scale of one inch equals 200 feet or greater, showing two-foot
contour intervals. The map as appropriate may indicate the following:
existing surface water drainage, shorelines, steep slopes, soils,
erodible soils, perennial or intermittent streams that drain into
or upstream of the Category One waters, wetlands and floodplains along
with their appropriate buffer strips, marshlands and other wetlands,
pervious or vegetative surfaces, existing man-made structures, roads,
bearing and distances of property lines, and significant natural and
man-made features not otherwise shown.
(2)Â
Environmental site analysis. A written and graphic description of
the natural and man-made features of the site and its surroundings
should be submitted. This description should include a discussion
of soil conditions, slopes, wetlands, waterways, and vegetation on
the site. Particular attention should be given to unique, unusual,
or environmentally sensitive features and to those that provide particular
opportunities or constraints for development.
(3)Â
Project description and site plans. A map (or maps) at the scale
of the topographical base map indicating the location of existing
and proposed buildings, roads, parking areas, utilities, structural
facilities for stormwater management and sediment control, and other
permanent structures. The map(s) shall also clearly show areas where
alterations will occur in the natural terrain and cover, including
lawns and other landscaping, and seasonal high groundwater elevations.
A written description of the site plan and justification for proposed
changes in natural conditions shall also be provided.
(4)Â
Land use planning and source control plan. This plan shall provide a demonstration of how the goals and standards of §§ 258-6 through 258-12 of this chapter above are being met. The focus of this plan shall be to describe how the site is being developed to meet the objective of controlling groundwater recharge, stormwater quality and stormwater quantity problems at the source by land management and source controls whenever possible.
(5)Â
Stormwater management facilities map. The following information,
illustrated on a map of the same scale as the topographic base map,
shall be included and show:
(a)Â
Total area to be disturbed, paved or built upon, proposed surface
contours, land area to be occupied by the stormwater management facilities
and the type of vegetation thereon and details of the proposed plan
to control and dispose of stormwater.
(b)Â
Details of all stormwater management facility designs, during
and after construction, including discharge provisions, discharge
capacity for each outlet at different levels of detention and emergency
spillway provisions with maximum discharge capacity of each spillway.
(6)Â
Calculations.
(b)Â
When the proposed stormwater management control measures depend
on the hydrologic properties of soils or require certain separation
from the seasonal high water table, then a soils report shall be submitted.
The soils report shall be based on on-site boring logs or soil pit
profiles. The number and location of required soil borings or soil
pits shall be determined based on what is needed to determine the
suitability and distribution of soils present at the location of the
control measure.
(7)Â
Maintenance and repair plan. The design and planning of the stormwater management facility shall meet the maintenance requirements of § 258-17 of this chapter below.
(8)Â
Waiver from submission requirements. The municipal official or board reviewing an application under this chapter may, in consultation with the municipality's review engineer, waive submission of any of the requirements in § 258-16C(1) through (6) above of this chapter when it can be demonstrated that the information requested is impossible to obtain or it would create a hardship on the applicant to obtain and its absence will not materially affect the review process.
[Amended 2-22-2021 by Ord. No. 2021-2]
B.Â
General maintenance.
(1)Â
The design engineer shall prepare a maintenance plan for the stormwater
management measures incorporated into the design of a major development.
(2)Â
The maintenance plan shall contain specific preventative maintenance
tasks and schedules; cost estimates, including estimated cost of sediment,
debris, or trash removal; and the name, address, and telephone number
of the person or persons responsible for preventative and corrective
maintenance (including replacement). The plan shall contain information
on BMP location, design, ownership, maintenance tasks and frequencies,
and other details as specified in Chapter 8 of the New Jersey BMP
Manual, as well as the tasks specific to the type of BMP, as described
in the applicable chapter containing design specifics.
(3)Â
If the maintenance plan identifies a person other than the property
owner (for example, a developer, a public agency or homeowners'
association) as having the responsibility for maintenance, the plan
shall include documentation of such person's or entity's
agreement to assume this responsibility, or of the owner's obligation
to dedicate a stormwater management facility to such person under
an applicable ordinance or regulation.
(4)Â
Responsibility for maintenance shall not be assigned or transferred
to the owner or tenant of an individual property in a residential
development or project, unless such owner or tenant owns or leases
the entire residential development or project. The individual property
owner may be assigned incidental tasks, such as weeding of a green
infrastructure BMP, provided the individual agrees to assume these
tasks; however, the individual cannot be legally responsible for all
of the maintenance that is required.
(5)Â
If the party responsible for maintenance identified under § 258-17B(3) above is not a public agency, the maintenance plan and any future revisions based on § 258-17B(7) below shall be recorded upon the deed of record for each property on which the maintenance described in the maintenance plan must be undertaken.
(6)Â
Preventative and corrective maintenance shall be performed to maintain
the functional parameters (storage volume, infiltration rates, inflow/outflow
capacity, etc.) of the stormwater management measure, including, but
not limited to, repairs or replacement to the structure; removal of
sediment, debris, or trash; restoration of eroded areas; snow and
ice removal; fence repair or replacement; restoration of vegetation,
and repair or replacement of nonvegetated linings.
(7)Â
The party responsible for maintenance identified under § 258-17B(3) above shall perform all of the following requirements:
(a)Â
Maintain a detailed log of all preventative and corrective maintenance
for the structural stormwater management measures incorporated into
the design of the development, including a record of all inspections
and copies of all maintenance-related work orders;
(b)Â
Evaluate the effectiveness of the maintenance plan at least
once per year and adjust the plan and the deed as needed; and
(c)Â
Retain and make available, upon request by any public entity with administrative, health, environmental, or safety authority over the site, the maintenance plan and the documentation required by § 258-17B(6) and (7) above.
(8)Â
The requirements of § 258-17B(3) and (4) above do not apply to stormwater management facilities that are dedicated to and accepted by the municipality or another governmental agency, subject to all applicable municipal stormwater general permit conditions, as issued by the Department. (https://www.njstormwater.org/maintenance_guidance.htm.)
(9)Â
In the event that the stormwater management facility becomes a danger
to public safety or public health, or if it is in need of maintenance
or repair, the municipality shall so notify the responsible person
in writing. Upon receipt of that notice, the responsible person shall
have 14 calendar days to effect maintenance and repair of the facility
in a manner that is approved by the municipal engineer or his designee.
The municipality, in its sole discretion, may extend the time allowed
for effecting maintenance and repair for good cause. If the responsible
person fails or refuses to perform such maintenance and repair, the
municipality or county may immediately proceed to do so and shall
bill the cost thereof to the responsible person. Nonpayment of such
bill shall result in a lien on the property.
C.Â
Nothing in this section shall preclude the municipality in which
the major development is located from requiring the posting of a performance
and/or a maintenance guarantee, in accordance with N.J.S.A. 40:55D-53.
[Added 8-9-2010 by Ord. No. 2010-8]
The purpose of this section is to require that all dumpsters
and other refuse containers that are outdoors or exposed to stormwater
be covered at all times and to prohibit the spilling, dumping, leaking
or otherwise discharge of liquids, semiliquids or solids from the
containers to the municipal separate storm sewer system(s) operated
by the Town of Newton and/or the waters of the state, so as to protect
public health, safety and welfare, and to prescribe penalties for
the failure to comply.
A.Â
MUNICIPAL SEPARATE STORM SYSTEM (MS4)
PERSON
REFUSE CONTAINER
STORMWATER
WATERS OF THE STATE
Definitions. For the purpose of this section, the following terms,
phrases, words, and their derivations shall have the meanings stated
herein unless their use in the text of this section clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory.
A conveyance or system of conveyances (including roads with
drainage systems, municipal streets, catch basins, curbs, gutters,
ditches, man-made channels, or storm drains) that is owned or operated
by the Town of Newton or other public body and is designed and used
for collecting and conveying stormwater.
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this state subject to municipal
jurisdiction.
Any waste container that a person controls, whether owned,
leased or operated, including dumpsters, trash cans, garbage pails,
and plastic trash bags.
Water resulting from precipitation (including rain and snow)
that runs off the land's surface, is transmitted to the subsurface,
is captured by separate storm sewers or other sewerage or drainage
facilities, or is conveyed by snow removal equipment.
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.
B.Â
Prohibited conduct.
(1)Â
Any person who controls, whether owned, leased or operated, a refuse
container or dumpster must ensure that such container or dumpster
is covered at all times and shall prevent refuse from spilling out
or overflowing.
(2)Â
Any person who owns, leases or otherwise uses a refuse container
or dumpster must ensure that such container or dumpster does not leak
or otherwise discharge liquids, semiliquids or solids to the municipal
separate storm sewer system(s) operated by the Town of Newton.
C.Â
Exceptions to prohibition:
(1)Â
Permitted temporary demolition and/or construction containers.
(2)Â
Litter receptacles (other than dumpsters or other bulk containers).
(3)Â
Individual homeowner's trash and recycling containers.
(4)Â
Refuse containers at facilities authorized to discharge stormwater
under a valid NJPDES permit.
(5)Â
Large bulky items (e.g., furniture, bound carpet and padding, white
goods placed curbside for pickup).
D.Â
Enforcement. The Town Manager, through the Town Zoning Officer, shall
enforce the provisions of this section. It shall be unlawful for any
reason to violate any part of this section adopted by the Town Council
of the Town of Newton.
E.Â
Violations and penalties. Any person(s) who is found to be in violation
of the provisions of this section shall be first notified of the violation,
and if the violation is not remediated within 30 days, that person(s)
shall be liable to a penalty in accordance with the following schedule
for each day on which the violation exists beyond the thirty-day limit:
|
Offense
|
Fine
| |
|---|---|---|
|
First
|
$100 per day
| |
|
Second
|
$250 per day
| |
|
Third and subsequent
|
$500 per day
|
[Added 8-9-2010 by Ord. No. 2010-9]
A.Â
The purpose of this section 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 Town of Newton, so
as to protect public health, safety and welfare, and to prescribe
penalties for the failure to comply.
B.Â
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
PERSON
STORM DRAIN INLET
WATERS OF THE STATE
Definitions. For the purpose of this section, the following terms,
phrases, words and their derivations shall have the meanings stated
herein unless their use in the text of this section clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory:
A conveyance or system of conveyances (including roads with
drainage systems, municipal streets, catch basins, curbs, gutters,
ditches, man-made channels, or storm drains) that is owned or operated
by the Town of Newton or other public body and is designed and used
for collecting and conveying stormwater.
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this state subject to municipal
jurisdiction.
An opening in a storm drain used to collect stormwater runoff
and includes, but is not limited to, a grate inlet, curb-opening inlet,
slotted inlet, and combination inlet.
The ocean and its estuaries, all springs, streams and bodies
of surface water or groundwater, whether natural or artificial, within
the boundaries of the State of New Jersey or subject to its jurisdiction.
C.Â
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:
D.Â
Design standards. Storm drain inlets shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets. For purposes of this subsection, "solid and floatable materials" means sediment, debris, trash and other floating, suspended, or settleable solids. For exemptions to this standard see Subsection D(3) below.
(1)Â
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)Â
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)Â
A different grate, if each individual clear space in that grate
has an area of no more than seven square inches or is no greater than
0.5 inches across the smallest dimension. Examples of grates subject
to this standard include grates in grate inlets, the grate portion
(non-curb-opening portion) of combination inlets, grates on storm
sewer manholes, ditch grates, trench grates, and grates of spacer
bars in slotted drains. Examples of ground surfaces include surfaces
of roads (including bridges), driveways, parking areas, bikeways,
plazas, sidewalks, lawns, fields, open channels, and stormwater basin
floors.
(2)Â
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.
(3)Â
This standard does not apply:
(a)Â
Where the Municipal Engineer agrees that this standard would
cause inadequate hydraulic performance that could not practicably
be overcome by using additional or larger storm drain inlets that
meet these standards.
(b)Â
Where flows are conveyed through any device (e.g., end-of-pipe
netting facility, manufactured treatment device, or a catch basin
hood) that is designed, at a minimum, to prevent delivery of all solid
and floatable materials that could not pass through one of the following:
(c)Â
Where flows are conveyed through a trash rack that has parallel
bars with one-inch spacing between the bars.
(d)Â
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.
E.Â
Enforcement. The Town Manager, through the Public Works Supervisor,
shall enforce the provisions of this section. It shall be unlawful
for any reason to violate any part of this section adopted by the
Town Council of the Town of Newton.
F.Â
Violations and penalties. Any person(s) who is found to be in violation
of the provisions of this section shall be first notified of the violation,
and if the violation is not remediated within 30 days, that person(s)
shall be liable to a penalty in accord with the following schedule
for each day on which the violation exists beyond the thirty-day limit:
|
Offense
|
Fine
| |
|---|---|---|
|
First
|
$100 per day
| |
|
Second
|
$250 per day
| |
|
Third and subsequent
|
$500 per day
|
