[HISTORY: Adopted by the Mayor and Council of the Borough of Penns Grove 9-5-2006 by Ord. No. 2006-23 (Ch. 188 of the 1986 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Uniform construction codes — See Ch. 223.
Flood damage prevention — See Ch. 252.
Site plan review — See Ch. 375.
Stormwater pollution control — See Ch. 390.
Subdivision of land — See Ch. 400.
Zoning — See Ch. 450.
ATTACHMENTS
Attachment 1 - Stormwater Management Checklist
A. 
Policy statement. Flood control, groundwater recharge, and pollutant reduction through nonstructural stormwater management strategies per this chapter, and all low-impact stormwater management strategies, shall be explored before relying on structural BMPs. Structural BMPs should be integrated with nonstructural stormwater management strategies and proper maintenance plans. Nonstructural strategies include both environmentally sensitive site design and source controls that prevent pollutants from being placed on the site or from being exposed to stormwater. Source control plans should be developed based upon physical site conditions and the origin, nature, and the anticipated quantity or amount of potential pollutants. Multiple stormwater management BMPs may be necessary to achieve the established performance standards for water quality, quantity, and groundwater recharge.
B. 
Purpose. The purpose of this chapter is to establish minimum stormwater management requirements and controls for major development, as defined in § 387-2.
C. 
Applicability. This chapter shall be applicable to all site plans, subdivisions, variance, conditional use, and general development plans for the following major developments that require preliminary or final site plan or subdivision review:
(1) 
Nonresidential major developments; and
(2) 
Aspects of residential major developments that are not preempted by the Residential Site Improvement Standards at N.J.A.C. 5:21 et seq.
D. 
Compatibility with other permit and ordinance requirements. Compliance with the requirements of this chapter is to be considered an integral part of development approvals under the review process for applicable major developments and does not relieve the applicant of the responsibility to secure required permits or approvals for activities regulated by any other applicable code, rule, act, or ordinance. In their interpretation and application, the provisions of this chapter shall be held to be the minimum stormwater management requirements for the promotion of the public health, safety, and general welfare. This chapter is not intended to interfere with, abrogate, or annul any other ordinance, rule or regulation, statute, or other provision of law, except that, where any provision of this chapter imposes restrictions different from those imposed by any other ordinance, rule or regulation, or other provision of law, the more restrictive provisions or higher standards shall control.
E. 
Residential development subject to Residential Site Improvement Standards. All residential development shall remain subject to applicable requirements of the Residential Site Improvement Standards at N.J.A.C. 5:21 et seq.
Whenever the following terms, or pronouns in place of them, are used, the intent and meaning, unless a different intent or meaning is clearly indicated, shall be interpreted as set forth in the following unless specifically defined below:
BMP
The New Jersey Stormwater Best Management Practices Manual.
CAFRA PLANNING MAP
The geographic depiction of the boundaries for coastal planning areas, CAFRA centers, CAFRA cores and CAFRA nodes pursuant to N.J.A.C. 7:7-13.
[Amended 7-5-2017 by Ord. No. 2017-5]
COMPACTION
An increase in soil bulk density.
CONSERVATION EASEMENT
An interest in land less than fee simple absolute, stated in the form of a right, restriction, easement, covenant, or condition, in any deed, will or other instrument, other than a lease, executed by or on behalf of the person vested with a greater interest therein, appropriate to retaining land or water areas predominantly in their natural, scenic, open or wooded condition, or for conservation of suitable habitat for plants or animals.
CONSERVATION RESTRICTION
An interest in land less than fee simple absolute, stated in the form of a right, restriction, easement, covenant, or condition, in any deed, will or other instrument, other than a lease, executed by or on behalf of the owner of the land, appropriate to retaining land or water areas predominantly in their natural, scenic or open or wooded condition, or for conservation of soil or wildlife, or for outdoor recreation or park use, or as suitable habitat for fish or wildlife, to forbid or limit any or all:
A. 
Construction or placing of buildings, roads, signs, billboards or other advertising, or other structures on or above the ground.
B. 
Dumping or placing of soil or other substance or material as landfill, or dumping or placing of trash, waste or unsightly or offensive materials.
C. 
Removal or destruction of trees, shrubs or other vegetation.
D. 
Excavation, dredging or removal of loam, peat, gravel, soil, rock or other mineral substance.
E. 
Surface use except for purposes permitting the land or water area to remain predominantly in its natural condition.
F. 
Activities detrimental to drainage, flood control, water conservation, erosion control or soil conservation, or fish and wildlife habitat preservation.
G. 
Other acts or uses detrimental to the retention of land or water areas according to the purposes of any conservation or environmental laws or regulations.
CORE
A pedestrian-oriented area of commercial and civic uses serving the surrounding municipality, generally including housing and access to public transportation.
COUNTY REVIEW AGENCY
Unless otherwise specified, the Salem County Planning Board, or such other agency as may be designated by the Salem County Board of Chosen Freeholders to review municipal stormwater management plans and implementing ordinances, and the Salem County Soil Conservation District.
DESIGNATED CENTER
A state development and redevelopment plan center as designated by the State Planning Commission, such as urban, regional, town, village, or hamlet.
DESIGN ENGINEER
A person professionally qualified and duly licensed in New Jersey to perform engineering services that may include, but not necessarily be limited to, development of project requirements, creation and development of project design and preparation of drawings and specifications.
DEVELOPMENT
The division of a parcel of land into two or more parcels; the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or structure; any mining excavation or landfill; any forestry or logging activities; and any use or change in the use of any building or other structure, or land or extension of use of land, by any person, for which permission is required under the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq. In the case of development of agricultural lands, "development" means any activity that requires a state permit; any activity reviewed by the County Agricultural Board (CAB) and/or the State Agricultural Development Council (SADC), and municipal review of any activity not exempted by the Right to Farm Act, N.J.S.A. 4:1C-1 et seq.
DRAINAGE AREA
A geographic area within which stormwater, sediments, or dissolved materials drain to a particular receiving water body or to a particular point along a receiving water body.
ENVIRONMENTALLY CONSTRAINED AREAS
Areas where the physical alteration of the land is in some way restricted, either through regulation, easement, deed restriction or ownership, such as but not limited to wetlands, floodplains, threatened and endangered species sites or designated habitats, and parks and preserves. Habitats of endangered or threatened species are identified using the NJDEP's Landscape Project as approved by the NJDEP's Endangered and Nongame Species Program.
ENVIRONMENTALLY CRITICAL AREA
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 NJDEP's Landscape Project as approved by the NJDEP's Endangered and Nongame Species Program.
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 water seeps into the soil from precipitation.
MAJOR DEVELOPMENT
Any development (as defined herein) that provides for ultimately disturbing one or more acres of land or increasing impervious surface by 1/4 acre or more. Projects undertaken by any government agency which 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.
MUNICIPALITY
Any city, borough, town, township or village.
NJDEP
The New Jersey Department of Environmental Protection.
NODE
An area designated by the State Planning Commission concentrating facilities and activities which are not organized in a compact form.
NUTRIENT
A chemical element or compound, such as nitrogen or phosphorus, which is essential to and promotes the development of organisms.
PERSON
Any individual, corporation, company, partnership, firm, association, the Borough of Penns Grove, or political subdivision of this state subject to municipal jurisdiction pursuant to the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.
POLLUTANT
Any dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, refuse, oil, grease, sewage sludge, munitions, chemical wastes, biological materials, medical wastes, radioactive 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.
RECHARGE
The amount of water from precipitation that infiltrates into the ground and is not evapotranspired.
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 development is to occur or has occurred.
SOIL
All unconsolidated mineral and organic material of any origin.
STATE DEVELOPMENT AND REDEVELOPMENT PLAN METROPOLITAN PLANNING AREA (PA1)
An area delineated on the State Plan Policy Map and adopted by the State Planning Commission that is intended to be the focus for much of the state's future redevelopment and revitalization efforts.
STATE PLAN POLICY MAP
The geographic application of the State Development and Redevelopment Plan's goals and statewide policies and the official map of these goals and policies.
STORMWATER
Water resulting from precipitation (including rain and snow) that runs off the land's surface, is transmitted to the subsurface, or is captured by separate storm sewers or other sewage or drainage facilities, or conveyed by snow removal equipment.
STORMWATER MANAGEMENT BASIN
An excavation or embankment and related areas designed to retain stormwater runoff. A stormwater management basin may either be normally dry (that is, a detention basin or infiltration basin), retain water in a permanent pool (a retention basin), or be planted mainly with wetland vegetation (most constructed stormwater wetlands).
STORMWATER MANAGEMENT MEASURE
Any structural or nonstructural strategy, practice, technology, process, program, or other method intended to control or reduce stormwater runoff and associated pollutants, or to induce or control the infiltration or groundwater recharge of stormwater, or to eliminate illicit or illegal nonstormwater discharges into stormwater conveyances.
STORMWATER MANAGEMENT ORDINANCE
Chapter 387 of the Code of the Borough of Penns Grove.
STORMWATER RUNOFF
The water flow on the surface of the ground or in storm sewers that results from precipitation.
TIDAL FLOOD HAZARD AREA
A flood hazard area which may be influenced by stormwater runoff from inland areas but which is primarily caused by the Atlantic Ocean.
TIME OF CONCENTRATION
The time required for runoff to travel from the hydraulically most distant point of the watershed to the point of interest within a watershed.
URBAN COORDINATING COUNCIL EMPOWERMENT NEIGHBORHOOD
A neighborhood given priority access to state resources through the New Jersey Redevelopment Authority.
URBAN ENTERPRISE ZONE
A zone designated by the New Jersey Enterprise Zone Authority pursuant to the New Jersey Urban Enterprise Zones Act, N.J.S.A. 52:27H-60 et seq.
URBAN REDEVELOPMENT AREA
Previously developed portions of areas:
A. 
Delineated on the State Plan Policy Map (SPPM) as the Metropolitan Planning Area (PA1), designated centers, cores or nodes;
B. 
Designated as CAFRA centers, cores or nodes;
C. 
Designated as urban enterprises zones; and
D. 
Designated as Urban Coordinating Council empowerment neighborhoods.
WATERS OF THE STATE
The ocean and its estuaries and all springs, streams, wetlands, and bodies of surface water or groundwater, whether natural or artificial, within the boundaries of the State of New Jersey or subject to its jurisdiction.
WETLANDS or WETLAND
An area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as "hydrophytic vegetation."
A. 
Stormwater management measures for major development shall be developed to meet the erosion control, groundwater recharge, stormwater runoff quantity, and stormwater runoff quality standards in this chapter. To the maximum extent practicable, these standards shall be met by incorporating nonstructural stormwater management strategies into the design. If these strategies alone are not sufficient to meet these standards, structural stormwater management measures necessary to meet these standards shall be incorporated into the design.
B. 
The standards in this chapter 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 the extent that alternative design and performance standards are applicable under a regional stormwater management plan or water quality management plan adopted in accordance with NJDEP rules.
C. 
Stormwater management measures shall be designed in accordance with N.J.A.C. 5:21-7 unless otherwise required herein.
A. 
Each major development must include a maintenance plan for the stormwater management measures in accordance with § 387-10 below and Appendix D of the New Jersey Stormwater Best Management Practices Manual, as amended.
B. 
Stormwater management measures shall avoid adverse impacts of concentrated flow on environmentally constrained areas, environmentally critical areas, or any habitat for threatened and endangered species as documented in the NJDEP'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 muhlenbergi (bog turtle).
C. 
The following municipal, county, state, and federal linear development projects, and linear development projects that have been approved by the Board of Public Utilities, are exempt from the groundwater recharge, stormwater runoff quantity, and stormwater runoff quality requirements of Subsections F and G:
(1) 
The construction of an underground utility line, provided that the disturbed areas are revegetated upon completion;
(2) 
The construction of an aboveground utility line, provided that the existing conditions are maintained to the maximum extent practicable; and
(3) 
The construction of a public pedestrian access, such as a sidewalk or trail with a maximum width of 14 feet, provided that the access is made of permeable material.
D. 
The Planning Board may grant a waiver from strict compliance with the groundwater recharge, stormwater runoff quantity, and stormwater runoff quality requirements of Subsections F and G below for the enlargement of an existing public roadway or railroad, or the construction or enlargement of a public pedestrian access, provided that all of the following conditions are met:
[Amended 7-5-2017 by Ord. No. 2017-5]
(1) 
The applicant demonstrates that there is a public need for the project that cannot be accomplished by any other means;
(2) 
The applicant demonstrates through an alternative analysis that, through the use of nonstructural and structural stormwater management strategies and measures, the option selected complies with the requirements of Subsections F and G to the maximum extent practicable;
(3) 
The applicant demonstrates that, in order to meet the requirements of Subsections F and G, existing structures currently in use, such as homes and buildings, would need to be condemned; and
(4) 
The applicant demonstrates that it does not own or have other rights to areas, including the potential to obtain through condemnation lands not falling under Subsection D(3) above, within the upstream drainage area of the receiving stream that would provide additional opportunities to mitigate the requirements of Subsections F and G that were not achievable on site.
E. 
Nonstructural stormwater management strategies.
(1) 
To the maximum extent practicable, the standards in Subsections F and G shall be met by incorporating nonstructural stormwater management strategies set forth in this subsection into the design. The applicant shall identify the nonstructural measures incorporated into the design of the project. If the applicant contends that it is not feasible for engineering, environmental, or safety reasons to incorporate any nonstructural stormwater management measures identified in Subsection E(2) below into the design of a particular project, the applicant shall identify the strategy considered and provide a basis for the contention.
(2) 
Nonstructural stormwater management strategies incorporated into site design shall:
(a) 
Protect environmentally constrained areas, environmentally critical areas, and other areas that provide water quality benefits or which are particularly susceptible to erosion and sediment loss.
(b) 
Minimize impervious surfaces and break up or disconnect the flow of runoff over impervious surfaces.
(c) 
Maximize the protection of natural drainage features and vegetation.
(d) 
Minimize the decrease in the time of concentration from pre-construction to post-construction.
(e) 
Minimize land disturbance, including clearing and grading.
(f) 
Minimize soil compaction.
(g) 
Provide low-maintenance landscaping that encourages retention and planting of native vegetation and minimizes the use of lawns, fertilizers and pesticides.
(h) 
Provide vegetated open-channel conveyance systems discharging into and through stable vegetated areas.
(i) 
Provide other source controls to prevent or minimize the use or exposure of pollutants at the site, in order to prevent or minimize the release of those pollutants into stormwater runoff. Such source controls include, but are not limited to:
[1] 
Site design features that help to prevent accumulation of trash and debris in drainage systems, including features that satisfy Subsection E(3) below;
[2] 
Site design features that help to prevent discharge of trash and debris from drainage systems;
[3] 
Site design features that help to prevent and/or contain spills or other harmful accumulations of pollutants at industrial or commercial developments; and
[4] 
When establishing vegetation after land disturbance, 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.
(3) 
Site design features identified under Subsection E(2)(i)[2] above shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets. For 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 E(3)(c) below.
(a) 
Design engineers shall use either of the following grates whenever they use a grate in pavement or another ground surface to collect stormwater from that surface into a storm drain or surface water body under that grate:
[1] 
The New Jersey Department of Transportation (NJDOT) bicycle-safe grate, as described in the NJDOT Bicycle Compatible Roadways and Bikeways Planning and Design Guidelines, as amended; or
[2] 
A different grate, if each individual clear space in that grate has an area of no more than seven square inches, or is no greater than 0.5 inch across the smallest dimension. Examples of grates subject to this standard include grates in grate inlets, the grate portion (non-curb-opening portion) of combination inlets, grates on storm sewer manholes, ditch grates, trench grates, and grates of spacer bars in slotted drains. Examples of ground surfaces include surfaces of roads (including bridges), driveways, parking areas, bikeways, plazas, sidewalks, lawns, fields, open channels, and stormwater basin floors.
(b) 
Whenever design engineers use a curb opening inlet, the clear space in that curb opening (or each individual clear space, if the curb opening has two or more clear spaces) shall have an area of no more than seven square inches or be no greater than two inches across the smallest dimension.
(c) 
This standard does not apply:
[1] 
Where the Planning Board determines that this standard would cause inadequate hydraulic performance that could not practicably be overcome by using additional or larger storm drain inlets that meet these standards;
[2] 
Where flows from the water quality design storm as specified in Subsection G(1) are conveyed through any device (e.g., end of pipe netting facility, manufactured treatment device, or a catch basin hood) that is designed, at a minimum, to prevent delivery of all solid and floatable materials that could not pass through one of the following:
[a] 
A rectangular space 4 5/8 inches long and 1 1/2 inches wide (this option does not apply for outfall netting facilities); or
[b] 
A bar screen having a bar spacing of 0.5 inch;
[3] 
Where flows are conveyed through a trash rack that has parallel bars with one-inch spacing between the bars, to the elevation of the water quality design storm as specified in Subsection G(1); or
[4] 
Where the NJDEP determines, pursuant to the New Jersey Register of Historic Places rules at N.J.A.C. 7:4-7.2(c), that action to meet this standard is an undertaking that constitutes an encroachment or will damage or destroy the New Jersey Register listed historic property.
(4) 
Any land area used as a nonstructural stormwater management measure to meet the performance standards in Subsections F and G below shall be dedicated to a government agency other than the Borough of Penns Grove, subjected to a conservation restriction filed with the Salem County Clerk's office, or subject to an approved equivalent restriction that ensures that measure or an equivalent stormwater management measure approved by the Planning Board is maintained in perpetuity.
(5) 
Guidance for nonstructural stormwater management strategies is available in the New Jersey Stormwater Best Management Practices Manual. The BMP Manual may be obtained from the address identified in § 387-7 or found on the Department's website at www.njstormwater.org.
F. 
Erosion control, groundwater recharge and runoff quantity standards.
(1) 
This subsection contains minimum design and performance standards to control erosion, encourage and control infiltration and groundwater recharge, and control stormwater runoff quantity impacts of major development.
(a) 
The minimum design and performance standards for erosion control are those established under the Soil Erosion and Sediment Control Act, N.J.S.A. 4:24-39 et seq., and implementing rules.
(b) 
The minimum design and performance standards for groundwater recharge are as follows:
[1] 
The design engineer shall, using the assumptions and factors for stormwater runoff and groundwater recharge calculations at § 387-5, either:
[a] 
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
[b] 
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.
[2] 
This groundwater recharge requirement does not apply to projects with any urban redevelopment areas or to projects that are subject to Subsection F(1)(b)[3] below.
[3] 
The following types of stormwater shall not be recharged:
[a] 
Stormwater from areas of high pollutant loading. High pollutant loading areas are areas in industrial and commercial developments where solvents and/or petroleum products are loaded/unloaded, stored, or applied; areas where pesticides are loaded/unloaded or stored; areas where hazardous materials are expected to be present in greater than "reportable quantities" as defined by the United States Environmental Protection Agency (EPA) at 40 CFR 302.4, or any subsequent amendments thereto; areas where recharge would be inconsistent with a NJDEP approved remedial action work plan or landfill closure plan; and areas with high risks for spills of toxic materials, such as gas stations and vehicle maintenance facilities; and
[b] 
Industrial stormwater exposed to source material. "Source material" means any material(s) or machinery located at an industrial facility that is directly or indirectly related to process, manufacturing or other industrial activities, which could be a source of pollutants in any industrial stormwater discharge to groundwater. Source materials include, but are not limited to, raw materials; intermediate products; final products; waste materials; by-products; industrial machinery and fuels; and lubricants, solvents, and detergents that are related to process, manufacturing, or other industrial activities that are exposed to stormwater.
[4] 
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 and other subsurface structures in the vicinity or downgradient of the groundwater recharge area.
(c) 
In order to control stormwater runoff quantity impacts, the design engineer shall, using the methods and procedures for stormwater runoff calculations at § 387-5, complete one of the following to the Board's satisfaction:
[1] 
Demonstrate through hydrologic and hydraulic analysis that for stormwater leaving the site, post-construction runoff hydrographs for the two-, ten- and one-hundred-year storm events do not exceed, at any point in time, the pre-construction runoff hydrographs for the same storm events.
[2] 
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 one-hundred-year storm events and that the increased volume or change in timing of stormwater runoff will not increase flood damage at or downstream of the site. This analysis shall include the analysis of impacts of existing land uses and projected land uses assuming full development under existing zoning and land use ordinances in the drainage area.
[3] 
Design stormwater management measures so that the post-construction peak runoff rates for the two-, ten-, and one-hundred-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. The percentages shall not be applied to post-construction stormwater runoff into tidal flood hazard areas if the increased volume of stormwater runoff will not increase flood damages below the point of discharge.
[4] 
In tidal flood hazard areas, stormwater runoff quantity analysis in accordance with Subsection F(1)(c)[1], [2] and [3] above shall only be applied if the increased volume of stormwater runoff could increase flood damages below the point of discharge.
(2) 
A minimum of two soil borings shall be required for each basin. For each basin with surface area of 1/2 acre or more, borings will be required at a rate of one soil boring per each 1/2 acre in addition to the initial two borings per facility.
(3) 
Any application for a new agricultural development that meets the definition of "major development" for purposes of this chapter shall be submitted to the appropriate Soil Conservation District for review and approval in accordance with the requirements of this section, any applicable Soil Conservation District guidelines for stormwater runoff quantity and erosion control, and the Rutgers Farmland Management Best Management Practices. For the purposes of this section, "agricultural development" means land uses normally associated with the production of food, fiber and livestock for sale. Such uses do not include the development of land for the processing or sale of food and the manufacturing of agriculturally related products.
G. 
Stormwater runoff quality standards.
(1) 
Stormwater management measures shall be designed to reduce the post-construction load of total suspended solids (TSS) in stormwater runoff by 80% of the anticipated load from the developed site, expressed as an annual average. Stormwater management measures shall only be required for water quality control if an additional 1/4 acre of impervious surface is being proposed on a development site. 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. The water quality design storm is 1.25 inches of rainfall in two hours. Water quality calculations shall take into account the distribution of rain from the water quality design storm, as reflected in Table 1 of the New Jersey Stormwater Best Management Practices Manual Chapter 5, as amended. The calculation of the volume of runoff may take into account the implementation of nonstructural and structural stormwater management measures.
(2) 
For purposes of TSS reduction calculations, Table 4-1 in Chapter 4 of the New Jersey Stormwater Best Management Practices Manual, as amended, presents the presumed removal rates for certain BMPs designed in accordance with the New Jersey Stormwater Best Management Practices Manual. The BMP Manual and other sources of technical guidance are listed in § 384-7 or found on the Department's website at www.njstormwater.org. Total suspended solids reduction shall be calculated based on the removal rates for the BMPs in the aforementioned Table 4-1 as amended. Alternative removal rates and methods of calculating removal rates may be used if the design engineer provides documentation demonstrating the capability of these alternative rates and methods to the review agency. The applicant must provide a copy of any approved alternative rate or method of calculating the removal rate to the NJDEP at the following address prior to signature of plans or any clearing, grading, demolition, installation of improvements or other construction-related activities at the site: Division of Watershed Management, New Jersey Department of Environmental Protection, P.O. Box 418, Trenton, New Jersey 08625-0418.
(3) 
If more than one BMP in series is necessary to achieve the required 80% TSS reduction for a site, the applicant shall utilize the following formula to calculate TSS reduction:
R = A + B - (A x B)/100
Where:
R
=
Total TSS percent load removal from application of both BMPs.
A
=
The TSS percent removal rate applicable to the first BMP.
B
=
The TSS percent removal rate applicable to the second BMP.
(4) 
If there is more than one on-site drainage area, the 80% TSS removal rate shall apply to each drainage area, unless the runoff from the subareas converges on site, in which case the removal rate can be demonstrated through a calculation using a weighted average.
(5) 
Stormwater management measures shall also be designed according to standards set forth in Subsections B and C above 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 nonstructural strategies and structural measures that optimize nutrient removal while still achieving the performance standards in Subsections F and G above.
(6) 
Additional information and examples are contained in the New Jersey Stormwater Best Management Practices Manual, as amended.
(7) 
In accordance with the definition of FW1 at N.J.A.C. 7:9B-1.4, stormwater management measures shall be designed to prevent any increase in stormwater runoff to waters classified as FW1.
(8) 
Special water resource protection areas shall be established by the applicant along all waters designated Category One at N.J.A.C. 7:9B, and perennial or intermittent streams that drain into or upstream of the Category One waters as shown on the USGS quadrangle maps or in the county soil surveys, within the associated HUC14 drainage area. These areas shall be established for the protection of water quality, aesthetic value, exceptional ecological significance, exceptional recreational significance, exceptional water supply significance, and exceptional fisheries significance of those established Category One waters. These areas shall be designated and protected as follows:
(a) 
The applicant shall preserve and maintain a special water resource protection area in accordance with one of the following:
[1] 
A three-hundred-foot special water resource protection area shall be provided by means of conservation easements and conservation restrictions in favor of the Borough on each side of the waterway, measured perpendicular to the waterway from the top of the bank outwards or from the center line of the waterway where the bank is not defined, to preserve existing vegetation and/or to promote the natural succession of new vegetation.
[2] 
Encroachment within the designated special water resource protection area under Subsection G(8)(a)[1] above shall only be allowed where previous development or disturbance has occurred (for example, active agricultural use, parking area or maintained lawn area). The encroachment shall only be allowed where the applicant demonstrates that the functional value and overall condition of the special water resource protection area will be maintained to the maximum extent practicable. In no case shall the remaining special water resource protection area be reduced to less than 150 feet as measured perpendicular to the top of bank of the waterway or center line of the waterway where the bank is undefined. All encroachments proposed under this subsection shall be subject to review and approval by the NJDEP.
(b) 
All stormwater shall be discharged outside of and flow through the special water resource protection area and shall comply with the standard for off-site stability in the Standards for Soil Erosion and Sediment Control in New Jersey, established under the Soil Erosion and Sediment Control Act, N.J.S.A. 4:24-39 et seq.
(c) 
If stormwater discharged outside of and flowing through the special water resource protection area cannot comply with the standard for off-site stability in the Standards for Soil Erosion and Sediment Control in New Jersey, established under the Soil Erosion and Sediment Control Act, N.J.S.A. 4:24-39 et seq., then the stabilization measures in accordance with the requirements of the above standards may be placed within the special water resource protection area, provided that:
[1] 
Stabilization measures shall not be placed within 150 feet of the Category One waterway;
[2] 
Stormwater associated with discharges allowed by this section shall achieve a 95% TSS post-construction removal rate;
[3] 
Temperature shall be addressed to ensure no impact on the receiving waterway;
[4] 
The encroachment shall only be allowed where the applicant demonstrates that the functional value and overall condition of the special water resource protection area will be maintained to the maximum extent practicable;
[5] 
A conceptual project design meeting shall be held with the appropriate NJDEP staff and Soil Conservation District staff to identify necessary stabilization measures; and
[6] 
All encroachments proposed under this section shall be subject to review and approval by the NJDEP.
(d) 
A stream corridor protection plan may be developed by a regional stormwater management planning council as an element of a regional stormwater management plan or by the Borough through an adopted municipal stormwater management plan. If a stream corridor protection plan for a waterway subject to Subsection G(8) has been approved by the NJDEP, then the provisions of the plan shall be the applicable special water resource protection area requirements for that waterway. A stream corridor protection plan for a waterway subject to Subsection G(8) shall maintain or enhance the current functional value and overall condition of the special water resource protection area as defined in Subsection G(8)(a)[1] above. In no case shall a stream corridor protection plan allow the reduction of the special water resource protection area to less than 150 feet as measured perpendicular to the waterway subject to this subsection.
(e) 
Subsection G(8) does not apply to the construction of one individual single-family dwelling that is not part of a larger development on a lot receiving preliminary or final subdivision approval on or before February 2, 2004, provided that the construction begins on or before February 2, 2009.
A. 
Stormwater runoff shall be calculated in accordance with the following:
(1) 
The design engineer shall calculate runoff using one of the following methods:
(a) 
The United States Department of Agriculture (USDA) Natural Resources Conservation Service (NRCS) methodology, including the NRCS runoff equation and dimensionless unit hydrograph, as described in the NRCS National Engineering Handbook Section 4, Hydrology, and Technical Release 55, as amended, Urban Hydrology for Small Watersheds; or
(b) 
The rational method for peak flow and the modified rational method for hydrograph computations.
(2) 
For the purpose of calculating runoff coefficients and groundwater recharge, there is a presumption that the pre-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 at Subsection A(1)(a) and the rational and modified rational methods at Subsection A(1)(b). A runoff coefficient or a groundwater recharge land cover for an existing condition may be used on all or a portion of the site if the design engineer verifies that the hydrologic condition has existed on the site or portion of the site for at least five years without interruption prior to the time of application. If more than one land cover has existed on the site during the five years immediately prior to the time of application, the land cover with the lowest runoff potential shall be used for the computations. In addition, there is the presumption that the site is in good hydrologic condition (if the land use type is pasture, lawn, or park), with good cover (if the land use type is woods), or with good hydrologic condition and conservation treatment (if the land use type is cultivation).
(3) 
In computing 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) 
In computing stormwater runoff from all design storms, the design engineer shall consider the relative stormwater runoff rates and/or volumes of pervious and impervious surfaces separately to accurately compute the rates and volume of stormwater runoff from the site. To calculate runoff from unconnected impervious cover, urban impervious area modifications as described in the NRCS Technical Release 55, Urban Hydrology for Small Watersheds, and other methods may be employed.
(5) 
If the invert of the outlet structure of a stormwater management measure is below the flood hazard design flood elevation as defined at N.J.A.C. 7:13, the design engineer shall take into account the effects of tailwater in the design of structural stormwater management measures.
B. 
Groundwater recharge may be calculated in accordance with the following: the New Jersey Geological Survey Report GSR-32, A Method for Evaluating Groundwater Recharge Areas in New Jersey, incorporated herein by reference, as amended and supplemented, and information regarding the methodology is available from the New Jersey Best Management Practices Manual or the New Jersey Geological Survey, 29 Arctic Parkway, P.O. Box 427, Trenton, New Jersey 08625-0427.
A. 
Standards for structural stormwater management measures are as follows:
(1) 
Structural stormwater management measures shall be designed to meet the standards of § 387-4, Stormwater management requirements for major development, and § 387-5, Calculation of stormwater runoff and groundwater recharge, while taking into account the existing site conditions, including for example environmentally critical areas; wetlands; flood-prone areas; slopes; depth to seasonal high-water table; soil type, permeability and texture; and drainage area and drainage patterns.
(2) 
Structural stormwater management measures shall be designed to minimize maintenance, facilitate maintenance and repairs, and ensure proper functioning to meet the standards of § 387-4, Stormwater management requirements for major development, and § 387-5, Calculation of stormwater runoff and groundwater recharge. 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 § 387-8B.
(3) 
Structural stormwater management measures shall be designed, constructed, and installed to be strong, durable, and corrosion-resistant. Measures that are consistent with the relevant portions of the Residential Site Improvement Standards at N.J.A.C. 5:21-7.3, 5:21-7.4, and 5:21-7.5, as amended, shall be deemed to meet this requirement.
(4) 
At the intake to the outlet from the stormwater management basin, the orifice size shall be a minimum of 2 1/2 inches in diameter.
(5) 
Stormwater management basins shall be designed to meet the minimum safety standards for stormwater management basins in § 387-8 below.
B. 
Stormwater management measure guidelines are available in the New Jersey Stormwater Best Management Practices Manual. Other stormwater management measures may be utilized provided the design engineer demonstrates that the proposed measure and its design will accomplish the required water quantity, groundwater recharge and water quality design and performance standards established by § 387-4 of this chapter.
C. 
Manufactured treatment devices may be used to meet the requirements of § 387-4 of this chapter, provided the pollutant removal rates are verified by the New Jersey Corporation for Advanced Technology and certified by the NJDEP.
D. 
A stormwater basin that serves more than one residential lot must be located on a separate lot that is not used for residential purposes.
A. 
Technical guidance for stormwater management measures can be found in the documents listed at Subsection A(1) and (2) below, which are available from Maps and Publications, New Jersey Department of Environmental Protection, 428 East State Street, P.O. Box 420, Trenton, New Jersey 08625.
(1) 
Guidelines for stormwater management measures are contained in the New Jersey Stormwater Best Management Practices Manual, as amended. Information is provided on stormwater management measures such as bioretention systems, constructed stormwater wetlands, dry wells, extended detention basins, infiltration structures, manufactured treatment devices, pervious paving, sand filters, vegetative filter strips, and wet ponds.
(2) 
The New Jersey Department of Environmental Protection Stormwater Management Facilities Maintenance Manual, as amended.
B. 
Additional technical guidance for stormwater management measures can be obtained from the following:
(1) 
The Standards for Soil Erosion and Sediment Control in New Jersey promulgated by the State Soil Conservation Committee and incorporated into N.J.A.C. 2:90;
(2) 
The Rutgers Cooperative Extension Service; and
(3) 
The Soil Conservation Districts listed in N.J.A.C. 2:90-1.3(a)3.
A. 
This section sets forth minimum requirements to protect public safety through the proper design and operation of stormwater management basins.
B. 
Requirements for trash racks, overflow grates and escape provisions.
(1) 
A trash rack is a device designed to catch trash and debris and prevent the clogging of outlet structures. Trash racks shall be installed at the intake to the outlet from the stormwater management basin to ensure proper functioning of the basin outlets in accordance with the following:
(a) 
The trash rack shall have parallel bars, with no greater than six-inch spacing between the bars.
(b) 
The trash rack shall be designed so as not to adversely affect the hydraulic performance of the outlet pipe or structure.
(c) 
The average velocity of flow through a clean trash rack is not to exceed 2.5 feet per second under the full range of stage and discharge. Velocity is to be computed on the basis of the net area of opening through the rack.
(d) 
The trash rack shall be constructed and installed to be rigid, durable, and corrosion-resistant and shall be designed to withstand a perpendicular live loading of 300 pounds per square foot.
(2) 
An overflow grate is designed to prevent obstruction of the overflow structure. If an outlet structure has an overflow grate, such grate shall meet the following requirements:
(a) 
The overflow grate shall be secured to the outlet structure but removable for emergencies and maintenance.
(b) 
The overflow grate spacing shall be no less than two inches across the smallest dimension.
(c) 
The overflow grate shall be constructed and installed to be rigid, durable, and corrosion-resistant and shall be designed to withstand a perpendicular live loading of 300 pounds per square foot.
(3) 
For purposes of this Subsection B(3), "escape provisions" means the permanent installation of ladders, steps, rungs, or other features that provide easily accessible means of egress from stormwater management basins. Stormwater management basins shall include escape provisions as follows:
(a) 
If a stormwater management basin has an outlet structure, escape provisions shall be incorporated in or on the structure. The Planning Board may exempt a freestanding outlet structure from this requirement pursuant to Subsection C below.
(b) 
Safety ledges shall be constructed on the slopes of all new stormwater management basins having a permanent pool of water deeper than 2 1/2 feet. Such safety ledges shall be comprised of two steps. Each step shall be four to six feet in width. One step shall be located approximately 2 1/2 feet below the permanent water surface, and the second step shall be located one to 1 1/2 feet above the permanent water surface. See the New Jersey Residential Site Improvement Standards (RSIS), N.J.A.C. 5:21-1.1 et seq., for an illustration of safety ledges in a stormwater management basin.
(c) 
In new stormwater management basins, the maximum interior slope for an earthen dam, embankment, or berm shall not be steeper than four horizontal to one vertical. A forty-two-inch-high wooden double split-rail fence or six-foot-high galvanized chain-link fence, for purposes of delineation, must surround any basin where there is a possibility of standing water of 30 inches or more.
C. 
Waiver or exemption from safety standards. A waiver or exemption from the safety standards for stormwater management basins may be granted only upon a written finding by the Planning Board that the waiver or exemption will not constitute a threat to public safety.
D. 
Safety ledges in a new stormwater management basin shall comply with the New Jersey Stormwater Best Management Practices Manual Appendix D and this section, as amended.
A. 
Submission of major development stormwater plan.
(1) 
Whenever an applicant seeks municipal approval of a development subject to this chapter, the applicant shall submit all of the information and materials required in the checklist for the site development stormwater plan referred to in Subsection C below as part of the submission of the applicant's application for subdivision, site plan, or other development approval.
(2) 
The applicant shall demonstrate that the project meets the standards set forth in this chapter.
(3) 
The applicant shall submit a minimum of four copies of the materials listed in the checklist for site development stormwater plans in accordance with Subsection C of this section.
B. 
The applicant's site development stormwater plan shall be reviewed as a part of the subdivision, site plan or other development application review process by the Planning Board or Borough official from whom approval is sought. The Planning Board or Borough official shall consult the engineer retained by the Planning and/or Borough 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.
(1) 
Submission requirements. All applications for major development must include completed Borough of Penns Grove ordinance checklist and all information required therein.[1]
[1]
Editor's Note: The checklist is included as an attachment to this chapter.
(2) 
Waiver from submission requirements. The Planning Board may, in consultation with the Planning Board Engineer, waive submission of any of the checklist submission requirements when appropriate under the circumstances of a particular application if is determined that granting such a waiver will not materially affect the application review process.
A. 
Applicability. Projects subject to review as in § 387-1C of this chapter shall comply with the requirements of Subsections B and C below.
B. 
General maintenance.
(1) 
The design engineer shall prepare a maintenance plan for the structural and nonstructural stormwater management measures incorporated into the design of a major development.
(2) 
The maintenance plan shall contain specific preventative maintenance tasks and schedules; cost estimates, including estimated cost of sediment, debris, or trash removal; and the name, address, and telephone number of the person or persons responsible for preventative and corrective maintenance (including replacement). If the maintenance plan identifies an individual other than the developer (for example, the present and future owners of the property, a public agency or a homeowners' or lot owners' association) as having the responsibility for maintenance, the plan shall include documentation confirming such person's assumption of or agreement to assume this responsibility and/or of the developer's obligation to dedicate a stormwater management facility to such person.
(3) 
Responsibility for maintenance shall not be assigned or transferred to the owner or tenant of an individual property in a residential development or project, unless such owner or tenant owns or leases the entire residential development or project.
(4) 
If the person responsible for maintenance identified under Subsection B(2) above is not a public agency, the maintenance plan and any future revisions based on Subsection B(7) below shall be incorporated into easements and covenants to be recorded upon the deed of record for each property on which the maintenance described in the maintenance plan must be undertaken. The Planning Board and/or the Borough may require that any such easements and restrictions contain terms and conditions that will carry out the purposes of this chapter on an ongoing basis at no cost to the Borough. The Planning Board and/or the Borough may require the responsible person to post and periodically renew bonds or other guarantees to ensure that the purposes of this chapter will be carried out at no cost to the Borough in the event of any failure by the responsible person.
(5) 
Preventative and corrective maintenance shall be performed to maintain the function of the stormwater management measure, including repairs or replacement to the structure; removal of sediment, debris, or trash; restoration of eroded areas; snow and ice removal; fence repair or replacement; restoration of vegetation; and repair or replacement of nonvegetated linings.
(6) 
The person responsible for maintenance identified under Subsection B(2) above shall maintain a detailed log providing a quantitative and qualitative record 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 observations made during the same, and copies of all maintenance-related work orders.
(7) 
The person responsible for maintenance identified under Subsection B(2) above shall evaluate the effectiveness of the maintenance plan at least once per year and adjust the plan and the deed as needed.
(8) 
The person responsible for maintenance identified under Subsection B(2) above shall retain and make available, upon request by any public entity with administrative, health, environmental, or safety authority over the site, the maintenance plan and the documentation required by Subsection B(6) and (7) above.
(9) 
The requirements of Subsection B(3) and (4) do not apply to stormwater management facilities that are dedicated to and accepted by the municipality or another governmental agency.
(10) 
In the event that the stormwater management facility becomes a danger to public safety or public health, or if it is in need of maintenance or repair, the Borough may so notify the responsible person in writing. Upon receipt of that notice, the responsible person shall have 14 days to effect maintenance and repair of the facility in a manner that is approved by the Borough Engineer or his designee. The Borough, in its discretion, may extend the time allowed for effecting maintenance and repair for good cause. If the responsible person fails or refuses to perform such maintenance and repair, the Borough or county may immediately proceed to do so and thereafter bill the cost thereof to the responsible person, in which event the responsible person must pay the full amount of the bill and all related administrative costs within 14 days following the issuance of such notification.
C. 
Nothing in this section shall preclude the municipality in which the major development is located from requiring the posting of a performance or maintenance guarantee in accordance with N.J.S.A. 40:55D-53.
Any person who erects, constructs, alters, repairs, converts, maintains or uses any building, structure or land in violation of this chapter shall be subject to a fine of $500 per day.
This chapter shall take effect upon the filing thereof with the Salem County Planning Board and after final passage and publication in the manner prescribed by law.