[HISTORY: Adopted by the Township Council of the Township
of Verona 3-8-2021 by Ord. No. 2021-09.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 455,
Stormwater Management, which consisted of Art. I, Stormwater Quality,
adopted 11-21-2005 by Ord. No.
23-2005; amended in its entirety 10-15-2012 by Ord. No. 5-12 (Ch. 123, Art. I, of the 1981 Code), as amended and Art. II, Stormwater Management Controls and Requirements, adopted 4-16-2007 by Ord. No. 6-07 (Ch. 123, Art. II, of the 1981 Code).
The purposes of this article are as follows:
A.Â
To prohibit the spilling, dumping or disposal of materials other
than stormwater to the municipal separate storm sewer system (MS4)
operated by the Township so as to protect public health, safety, and
welfare, and to prescribe penalties for the failure to comply.
B.Â
To prohibit illicit connections to the municipal separate sewer system(s)
operated by the Township, so as to protect public health, safety,
and welfare, and to prescribe penalties for the failure to comply.
C.Â
To establish requirements for the proper handling of litter, yard
waste and pet solid waste in the Township, so as to protect public
health, safety, and welfare and to prescribe penalties for the failure
to comply.
D.Â
To prohibit the feeding of unconfined wildlife in any Township-owned
park or on any other property owned or operated by the Township so
as to protect public health, safety, and welfare, and to prescribe
penalties for failure to comply.
E.Â
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 municipal separate storm sewer
system operated by the Township so as to protect public health, safety,
and welfare, and to prescribe penalties for failure to comply.
F.Â
To require dumpsters and other refuse containers that are outdoors
or exposed to stormwater to be covered at all times and prohibits
the spilling, dumping, leaking or otherwise discharge of liquids,
semi liquids or solids from the containers to the municipal separate
stormwater system operated by the Township 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.
G.Â
To regulate the outdoor application of fertilizer so as to reduce
the overall amount of excess nutrients entering waterways, thereby
helping to protect and improve surface water quality. This article
does not apply to fertilizer application on commercial farms.
For the purpose of this article, the following terms, phrases,
words, and their derivations shall have the meanings stated herein
unless their use in the text of this article clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory.
The land area, 50 feet in width, adjacent to any water body.
The placement of yard waste in a biodegradable bag as approved
by the Township Engineer, such as to prevent the yard waste from spilling
or blowing out into the street and coming into contact with stormwater.
The County of Essex.
Waste and wastewater from humans or household operations.
To give, place, expose, deposit, distribute or scatter any
edible material with the intention of feeding, attracting, or enticing
wildlife. Feeding does not include baiting in the legal taking of
fish and/or game.
A fertilizer material, mixed fertilizer or any other substance
containing one or more recognized plant nutrients, which is used for
its plant nutrient content, which is designed for use or claimed to
have value in promoting plant growth and which is sold, offered for
sale, or intended for sale.
Any physical or nonphysical connection that discharges domestic
sewage, noncontact cooling water, process wastewater, or other industrial
waste (other than stormwater) to the municipal separate storm sewer
system operated by the Township, unless that discharge is authorized
under a NJPDES permit other than the Tier A Municipal Stormwater General
Permit (NJPDES Permit No. NJ0141852). Nonphysical connections may
include, but are not limited to, leaks, flows, or overflows into the
municipal separate storm sewer system.
A surface that has been covered with a layer of material
so that it is highly resistant to infiltration by water. Impervious
surfaces include and are not limited to roofs and asphalt, concrete,
and stone roads, parking lots, drives, sidewalks, porous asphalt or
concrete systems or synthetic turf fields that do not promote infiltration,
pools, and patios.
Nondomestic waste, including but not limited to those pollutants
regulated under Section 307(a), (b) or (c) of the Federal Clean Water
Act [33 U.S.C. § 1317(a), (b) or (c)].
Any unused or unconsumed substance or waste material which
has been discarded, whether made of aluminum, glass, plastic, rubber,
paper or other natural or synthetic material, or any combination thereof,
including but not limited to any bottle, jar or can, or any top, cap
or detachable tab of any bottle, jar or can, any unlighted cigarette,
cigar, match or any flaming or glowing material or any garbage, trash,
refuse, debris, rubbish, grass clippings or other lawn or garden waste,
newspapers, magazines, glass, metal, plastic or paper containers or
other packaging or construction material but does not include the
waste of the primary process of mining or other extraction processes,
logging, saw milling, farming or manufacturing.
A container suitable for the depositing of litter.
A conveyance or system of conveyances (including roads with
drainage systems, municipal streets, catch basins, curbs, gutters,
ditches, man-made channels, or storm drains) that is owned or operated
by the Township or other public body and is designed and used for
collecting and conveying stormwater.
A permit issued by the New Jersey Department of Environmental
Protection to implement the New Jersey Pollutant Discharge Elimination
System (NJPDES) Rules at N.J.A.C. 7:14A.
Water used to reduce temperature for the purpose of cooling.
Such waters do not come into direct contact with any raw material,
intermediate product (other than heat) or finished product. Noncontact
cooling water may however contain algaecides, or biocides to control
fouling of equipment such as heat exchangers, and/or corrosion inhibitors.
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this state subject to municipal
jurisdiction.
Domesticated animal (other than a disability assistance animal)
kept for amusement and companionship.
Any person who shall possess, maintain, house, or harbor
any pet or otherwise have custody of any pet, whether or not the owner
of such pet.
Waste matter expelled from the bowels of the pet, excrement.
Any fertilizer that contains phosphorus, expressed as P2O5,
with a guaranteed analysis of greater than zero; except that it shall
not be considered to include animal (including human) or vegetable
manures, agricultural liming materials, or wood ashes that have not
been amended to increase their nutrient content.
Any water which, during manufacturing or processing, comes
into direct contact with or results from the production or use of
any raw material, intermediate product, finished product, by-product,
or waste product. Process wastewater includes, but is not limited
to, leachate and cooling water other than noncontacting cooling water.
Placement in a designated waste receptacle, or other suitable
container, and discarded in a refuse container which is regularly
emptied by the Township or some other refuse collector; or disposal
into a system designated to convey domestic sewage for proper treatment
and disposal.
Any waste container that a person controls whether owned,
leased or operated, including dumpsters, trash cans, garbage pails
and plastic trash bags.
A technical analysis of soil conducted by an accredited soil-testing
laboratory following the protocol for such a test established by Rutgers
Cooperative Research and Extension.
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.
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.
Any street, avenue, boulevard, road, parkway, viaduct, drive
or other way, which is an existing state, county, or municipal roadway,
and includes the land between the street lines, whether improved or
unimproved, and may comprise pavement, shoulders, gutters, curbs,
sidewalks, parking areas, and other areas within the street lines.
The Township of Verona.
A surface water feature, such as a lake, river, stream, creek,
pond, lagoon, bay estuary.
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.
All animals that are neither human nor domesticated.
Leaves and grass clippings.
A.Â
The spilling, dumping or disposal of materials other than stormwater
to the municipal separate storm sewer system operated by the Township
is prohibited. The spilling, dumping or disposal of materials other
than stormwater in such a manner as to cause the discharge of pollutants
to the municipal separate storm sewer system is also prohibited unless
same is qualified by one of the following exceptions:
(1)Â
Waterline flushing and discharges from potable water sources.
(2)Â
Uncontaminated groundwater (e.g., infiltration, crawl space or basement
sump pumps, foundation and footing drains, rising groundwaters).
(3)Â
Air-conditioning condensate (excluding contact and noncontact cooling
water).
(4)Â
Irrigation water (including landscape and lawn watering runoff).
(5)Â
Flows from springs riparian habitats and wetlands. Water reservoir
discharges and diverted stream flows.
(6)Â
Residential car washing and residential swimming pool discharges.
(7)Â
Sidewalk, driveway, and street wash water.
(8)Â
Flows from firefighting activities.
(9)Â
Flows from rinsing of the following equipment with clean water:
(a)Â
Equipment used in the application of salt and de-icing materials
immediately following salt and de-icing material applications. Prior
to rinsing with clean water, all residual salt and de-icing materials
must be removed from equipment and vehicles to the maximum extent
practicable using dry-cleaning methods (e.g., shoveling and sweeping).
Recovered materials are to be returned to storage for reuse or properly
discarded.
(b)Â
Rinsing of equipment, as noted in the above situation, is limited
to exterior, undercarriage and exposed parts and does not apply to
engines or other enclosed machinery.
B.Â
No person shall discharge or cause to be discharged through an illicit
connection to the municipal separate storm sewer system operated by
the Township any domestic sewage, noncontact cooling water, process
wastewater, or other industrial wastewater (other than stormwater).
C.Â
The owner or occupant of any property, or any employee or contractor
of such owner or occupant engaged to provide lawn care or landscaping
services, shall not sweep, rake, blow or otherwise place yard waste,
unless the yard waste is containerized, in the street. If yard waste
that is not containerized is placed in the street, the party responsible
for placement of yard waste must remove the yard waste from the street
or said party shall be deemed in violation of this article.
D.Â
It shall be unlawful for any person to throw, drop, discard, or otherwise
place any litter of any nature upon public or private property other
than in a litter receptacle, or having done so, to allow such litter
to remain. Whenever any litter is thrown or discarded or allowed to
fall from a vehicle or boat in violation of this article, the operator
or owner, or both, of the motor vehicle or boat shall also be deemed
to have violated this article.
E.Â
All pet owners and keepers are required to immediately and properly
dispose of their pet's solid waste deposited on any property, public
or private, not owned or possessed by that person.
F.Â
No person shall feed, in any Township-owned or county-owned park,
or on any other property owned or operated by the Township of Verona
or the County of Essex within the geographical boundary of the Township,
any wildlife, excluding confined wildlife (i.e., wildlife contained
in zoos, parks, or rehabilitation centers or unconfined wildlife at
environmental education centers or circus).
G.Â
No person in control of any property 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:
(1)Â
Already meets the design standard below to control passage of solid
and floatable materials; or
(2)Â
Is retrofitted or replaced to meet the standard in § 455-4 below prior to the completion of the project.
(3)Â
The cost of any retrofitting shall be the sole responsibility of
the property owner.
H.Â
Any person who controls whether owned, leased, or operated, a refuse
container or dumpster must ensure that such container or dumpster
does not leak or otherwise discharge liquids, semi-liquids or solids
to the municipal separate storm sewer system(s) operated by the Township.
I.Â
No person shall apply fertilizer:
(1)Â
When runoff-producing rainfall is occurring or predicted and/or when
soils are saturated and a potential for fertilizer movement off site
exists.
(2)Â
To an impervious surface. Fertilizer inadvertently applied to an
impervious surface must be swept or blown back into the target surface
or returned to either its original or another appropriate container
for reuse.
(3)Â
Within the buffer of any water body.
(4)Â
More than 15 days prior to the start of or at any time after the
end of the recognized growing season from March 1 to November 15.
J.Â
No person shall apply phosphorus fertilizer:
(1)Â
In outdoor areas except as demonstrated to be needed for the specific
soils and target vegetation in accordance with a soils test and the
associated annual fertilizer recommendation issued by Rutgers Cooperative
Research and Extension.
(2)Â
Exceptions.
(a)Â
Application of phosphorus fertilizer needed for:
[1]Â
Establishing vegetation for the first time, such as after land
disturbance, provided the application is 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;
[2]Â
Reestablished or repairing a turf area in accordance with good
soil practices.
(b)Â
Application of phosphorus fertilizer that delivers liquid or
granular fertilizer under the soils surface, directly to the feeder
roots.
(c)Â
Application of phosphorus fertilizer to residential container
plantings, flowerbeds, or vegetable gardens.
Storm drain inlets identified in § 455-2 above 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 § 455-4C below.
A.Â
Grates.
(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 7.0 square inches, or is no greater than
0.5 inch across the smallest dimension.
(2)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 basin floors used to collect stormwater from the surface
into a storm drain or surface water body.
B.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 7.0 square inches, or be no greater than 2.0
inches across the smallest dimension.
C.Â
This standard does not apply:
(1)Â
Where each individual clear space in the curb opening in existing
curb-opening inlet does not have an area of more than 9.0 square inches;
(2)Â
Where the Township Engineer agrees that the standards would cause
inadequate hydraulic performance that could not practically 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.
Exceptions:
This article shall be enforced by the Township Manager, or his/her
designee, which may include the Township Engineer, the Township Planner,
the Township Zoning Office, the Township Construction Code Official
or the Township Building Inspector or any other appropriate designee
of the Township.
A.Â
Policy statement. 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), nonstructural stormwater management strategies, and preservation of existing mature trees as per Chapter 493 of the Township Code. GI BMPs and low- impact development (LID) practices should be used 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 practices should be implemented 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.Â
Purpose. The purpose of this article is to establish stormwater management requirements and controls for "major development," and "minor developments," as defined below in § 455-12.
C.Â
D.Â
Compatibility with other permit and ordinance requirements. Development
approvals issued pursuant to this article 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.
In their interpretation and application, the provisions of this article
shall be held to be the minimum requirements for the promotion of
the public health, safety, and general welfare. This article is not
intended to interfere with, abrogate, or annul any other ordinances,
rule or regulation, statute, or other provision of law except that,
where any provision of this article 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.
For the purpose of this article, the following terms, phrases,
words, and their derivations shall have the meanings stated herein
unless their use in the text of this 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 New Jersey Stormwater
Management Rules at N.J.A.C. 7:8-1.2.
Those areas with boundaries incorporated by reference or
revised by the Department in accordance with N.J.A.C. 7:7-13.16.
The map used by the Department to identify the location of
Coastal Planning Areas, CAFRA centers, CAFRA cores, and CAFRA nodes.
The CAFRA Planning Map is available on the Department's geographic
information system (GIS).
Waters of the state designated in N.J.A.C. 7:9B-1.15(c) through
(h) for purposes of implementing the anti-degradation policies set
forth at N.J.A.C. 7:9B-1.5(d) for protection from measurable changes
in water quality characteristics because of their clarity, color,
scenic setting, other characteristics of aesthetic value, exceptional
ecological significance, exceptional recreational significance, exceptional
water supply significance, or exceptional fisheries resources(s).
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.
Increase in soil bulk density that reduces the soil's infiltration
rate.
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 Township, generally including housing and access to
public transportation.
The County of Essex.
An agency designated by the Board of County Commissioners
to review municipal stormwater management plans and implement ordinance(s).
The county review agency may either be:
The State of New Jersey Department of Environmental Protection.
A person professionally qualified and duly licensed in New
Jersey to perform engineering services that may include, but not necessarily
be limited to, development of project requirements, creation and development
of project design and preparation of drawings and specifications.
A State Development and Redevelopment Plan Center as designated
by the State Planning Commission such as urban, regional, town, village,
or hamlet.
The division of a parcel of land into two or more parcels,
the construction, reconstruction, conversion, structural alteration,
relocation or 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.
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.
Neighborhoods designated by the Urban Coordinating Council
"in consultation and conjunction with" the New Jersey Redevelopment
Authority pursuant to N.J.S.A. 55:19-69.
The following areas where the physical alteration of the
land is in some way restricted, either through regulation, easement,
deed restriction or ownership such as: wetlands, floodplains, threatened
and endangered species sites or designated habitats, and parks and
preserves. Habitats of endangered or threatened species are identified
using the Department's Landscape Project as approved by the Department's
Endangered and Nongame Species Program.
An area or feature which is of significant environmental
value, including but not limited to, stream corridors, natural heritage
priority sites, habitats of endangered or threatened species, large
areas of contiguous open space or upland forest, steep slopes, and
well head 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.
Those methods and techniques that use vegetation, soils and
other elements and practices to restore the natural processes of the
land to manage and retain stormwater. Stormwater management measures
that manages stormwater close to its source by:
Examples of green infrastructure include but are not limited
to: rain gardens, green roofs, permeable pavement; bio-infiltration,
cisterns, or vegetated swales.
A body of water below the surface of the land in a zone of
saturation where the spaces between the soil or geological materials
are fully saturated with water.
Those habitats identified by the Department's Landscape Project
as approved by the Department's Endangered and Nongame Species Program.
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. Impervious
surfaces include and are not limited to roofs and asphalt, concrete,
and stone roads, parking lots, drives, sidewalks, porous asphalt or
concrete systems or synthetic turf fields that do not promote infiltration,
pools, and patios.
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.
Using strategies and measures that manage stormwater runoff
quantity and quality in the absence of structural stormwater measures,
such as minimizing site disturbance, preserving natural vegetation
and other important site features such as forests and especially core
forests, reducing and disconnecting impervious cover, minimizing proposed
ground slopes, using native vegetation, minimizing turf grass lawns,
revegetating areas, increasing time of concentration, and maintaining
and enhancing natural drainage features and characteristics.
A document required for the maintenance of stormwater management
measures at all major and minor development projects. A maintenance
plan shall contain a specific preventive 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 preventive and corrective maintenance,
including replacement.
An individual "development," "redevelopment," as well as multiple
developments that individually or collectively result in:
The disturbance of 0.5 acre or more of land since February 2,
2004;
The creation of 5,000 square feet or more of "regulated impervious
surface" since February 2, 2004;
The creation of 5,000 square feet or more of "regulated motor
vehicle surface" since March 2, 2021; or
A combination of two and three above that totals an area of
5,000 square feet or more. The same surface shall not be counted twice
when determining if the combination area equals 5,000 square feet
or more.
Major development includes all developments that are part of a common plan of development or sale (for example, phased residential development) that collectively or individually meet any one or more of Subsection A(1), (2), (3), or (4) above. Projects undertaken by any government agency that otherwise meet the definition of major development, but which do not require approval under the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., are also considered major development.
Any development that results in 400 or more square feet of
new impervious surface. Minor development includes both private and
public projects or activities.
Suitable compensation or offsetting actions when an applicant
for approval under this section has demonstrated the inability or
impracticality of strict on-site compliance with the stormwater management
requirements set forth in this section or an approved regional stormwater
management plan and, on the basis of such demonstration, has received
a waiver from strict compliance from the Verona Planning Board.
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" and/or aircraft, and is directly exposed
to precipitation, including, but not limited to, driveways, parking
areas, parking garages, roads, racetracks, and runways.
The manual maintained by the Department providing, in part, design specifications, removal rates, calculation methods, and soil testing procedures approved by the Department as being capable of contributing to the achievement of the stormwater management standards specified in this chapter. The BMP Manual is periodically amended by the Department as necessary to provide design specifications on additional best management practices and new information on already included practices reflecting the best available current information regarding the particular practice and the Department's determination as to the ability of that best management practice to contribute to compliance with the standards contained in this chapter. Alternative stormwater management measures, removal rates, or calculation methods may be used, subject to any limitations specified in this chapter, provided the design engineer demonstrates to the Township, in accordance with § 455-14F. of this article 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. While
necessary for the development of organisms in the appropriate amounts,
excess nutrients can be harmful to organisms and contribute to eutrophication
of lakes and ponds.
The total amount of a nutrient entering a surface or groundwater
resource during a given time period. Nutrients may enter the water
resource from runoff, recharge, point source discharges, or the atmosphere
in the form of wet and/or dry deposition.
Any individual, corporation, company, partnership, firm,
association, political subdivision of this State and any state, interstate,
or Federal agency.
A surface that is capable of transmitting or infiltrating
a significant amount of precipitation into underlying material. Porous
asphalt or concrete systems or synthetic turf fields designed to infiltrate
into the subsoil may be considered as a pervious surface.
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.
Those portions of a site covered by pavement, gravel or dirt
driveways, streets, roads and parking areas, gravel, pavement, buildings,
impervious surfaces, lawns, or structures. Areas that simply have
been (or have once been) cleared of vegetation are not considered
previously developed if woody vegetation has been reestablished. Only
those portions of a site that have been previously developed are exempt
from the groundwater recharge requirements.
The amount of water from precipitation that infiltrates into
the ground and is not evapotranspired.
An activity that results in the creation, addition, or replacement
of impervious surface area on an already developed site. Redevelopment
includes but is not limited to the expansion of a building footprint;
addition or replacement of a structure or a portion of a structure
regardless of footprint; and replacement of impervious surface area
that is not part of a routine maintenance activity. If a project is
considered to be a redevelopment project, all new impervious cover,
whether created by adding to or replacing impervious cover that was
in existence before the redevelopment occurs, shall be considered
in calculating the requirements for stormwater management. However,
any such new impervious cover that will drain into an existing stormwater
best management practice that is to remain after the redevelopment
and that meets current stormwater management requirements shall be
deducted from the total amount of impervious surface that must be
treated by new stormwater best management practices. In the case of
a redevelopment project, the pre-developed land cover shall be considered
to be wooded.
|
Note: Routine maintenance includes but is not limited to parking
lot or driveway sealing or milling, roof repairs, replacement of a
small number of boards on a deck. Routine maintenance does not include
complete replacement of deck boards or patio material.
|
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 or minor development is
to occur or has occurred.
All unconsolidated mineral and organic material of any origin.
An area delineated on the State Plan Policy Map and adopted
by the State Planning Commission that is intended to be the focus
for much of the state's future redevelopment and revitalization efforts.
The geographic application of the State Development and Redevelopment
Plan's goals and statewide policies, and the Official Map of these
goals and policies.
Water resulting from precipitation (including rain and snow)
that runs off the land's surface, is transmitted to the subsurface,
or is captured by separate storm sewers or other sewage or drainage
facilities, or conveyed by snow removal equipment.
An excavation or embankment and related areas designed to
retain stormwater runoff. A stormwater management BMP may either be
normally dry (that is, a detention basin or infiltration system),
retain water in a permanent pool (a retention basin), be located on
or below the ground surface, 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 flood hazard area in which the flood elevation resulting
from the two-, ten-, or 100-year storm, as applicable, is governed
by tidal flooding from the Atlantic Ocean. Flooding in a tidal flood
hazard area may be contributed to, or influenced by, stormwater runoff
from inland areas, but the depth of flooding generated by the tidal
rise and fall of the Atlantic Ocean is greater than flooding from
any fluvial sources. In some situations, depending upon the extent
of the storm surge from a particular storm event, a flood hazard area
may be tidal in the one-hundred-year storm, but fluvial in more frequent
storm events.
The Township of Verona.
A neighborhood given priority access to State resources through
the New Jersey Redevelopment Authority.
A zone designated by the New Jersey Enterprise Zone Authority
pursuant to the New Jersey Urban Enterprise Zones Act, N.J.S.A. 52:27H-60
et. seq.
A previously developed portions of areas:
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 one-hundred-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 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
ground water 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.
|
Note: Wetlands provide significant benefits to the community
including its role in protecting and preserving drinking water supplies
including groundwater; protection against flood and storm damage by
absorbing and storing water. Wetlands also provide essential breeding,
spawning, nesting, and wintering habitats for fish and wildlife.
|
The growth of any combinations of perennial plants that include
trees, shrubs and some vines that have woody stems.
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 article apply to all major and minor development
and are intended to avoid 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 major development
to the extent that alternative design and performance standards are
applicable under a regional stormwater management plan or water quality
management plan adopted in accordance with Department rules.
A.Â
The development design shall use low impact development techniques
to achieve the minimum of stormwater runoff that must be managed through
green infrastructure and other stormwater management measures. Retention
of natural landscape features shall be emphasized in the design.
B.Â
The development shall incorporate a maintenance plan for the stormwater management measures incorporated into the design of a major development in accordance with § 455-20.
C.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 15.150, particularly
Helonias bullata (swamp pink) and/or Clemmys muhlnebergi (bog turtle).
D.Â
The following linear development projects are exempt from the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity requirements of § 455-14Q, R, and S:
(1)Â
The construction of an underground utility line, 18 inches or under
in diameter, 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.
E.Â
A waiver from strict compliance from the green infrastructure, groundwater recharge, stormwater runoff quality, and stormwater runoff quantity requirements of § 455-14P, Q, R, and S 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 § 455-14E(3) above within the upstream drainage area of the receiving stream, that would provide additional opportunities to mitigate the requirements of § 455-14P, Q, R, and S that were not achievable on-site.
F.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 § 455-14P, Q, R, and S. 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.
G.Â
Where the BMP tables in the NJ Stormwater Management Rule are more
stringent than the tables in this article, 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
|
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% to 80%
|
No
|
No
|
—
|
|
(Notes corresponding to annotations(a) through(g) are found after Table 3)
|
|
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
|
Stormwater Runoff Quantity
|
Groundwater Recharge
|
Minimum Separation from Seasonal High Water Table
(feet)
|
|
Bioretention system
|
80% or 90%
|
Yes
|
Yes(b)
No(c)
|
2(b)
1(c)
|
|
Infiltration basin
|
80%
|
Yes
|
Yes
|
2
|
|
Sand filter(b)
|
80%
|
Yes
|
Yes
|
2
|
|
Standard constructed wetland
|
90%
|
Yes
|
No
|
N/A
|
|
Wet pond(d)
|
50% to 90%
|
Yes
|
No
|
N/A
|
|
(Notes corresponding to annotations (a) through (g) are found after Table 3)
|
|
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
|
Stormwater Runoff Quantity
|
Groundwater Recharge
|
Minimum Separation from Seasonal High Water Table
(feet)
|
|
Blue roof
|
0%
|
Yes
|
No
|
N/A
|
|
Extended detention basin
|
40% to 60%
|
Yes
|
No
|
1
|
|
Manufactured treatment device(h)
|
50% or 80%
|
No
|
No
|
Dependent upon the device
|
|
Sand filter(c)
|
80%
|
Yes
|
No
|
1
|
|
Subsurface gravel wetland
|
90%
|
No
|
No
|
1
|
|
Wet pond
|
50% to 90%
|
Yes
|
No
|
N/A
|
|
Notes to Tables 1, 2, and 3:
| |
|---|---|
|
(a)
|
Subject to the applicable contributory drainage area limitation specified at § 455-14P(2);
|
|
(b)
|
Designed to infiltrate into the subsoil;
|
|
(c)
|
Designed with underdrains;
|
|
(d)
|
Designed to maintain at least a ten-foot-wide area of native
vegetation along at least 50% of the shoreline and to include a stormwater
runoff retention component designed to capture stormwater runoff for
beneficial reuse, such as irrigation;
|
|
(e)
|
Designed with a slope of less than 2%;
|
|
(f)
|
Designed with a slope of equal to or greater than 2%;
|
|
(g)
|
Manufactured treatment devices that meet the definition of green infrastructure at § 455-12;
|
|
(h)
|
Manufactured treatment devices that do not meet the definition of green infrastructure at § 455-13.
|
H.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 Township. 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 § 455-14C. Alternative stormwater management measures may be used to satisfy the requirements at § 455-14P only if the measures meet the definition of green infrastructure at § 455-12. Alternative stormwater management measures that function in a similar manner to a BMP listed at § 455-14.P(2) are subject to the contributory drainage area limitation specified at § 455-14P(2) for that similarly functioning BMP. Alternative stormwater management measures approved in accordance with this subsection that do not function in a similar manner to any BMP listed at § 455-14P(2) shall have a contributory drainage area less than or equal to 2.5 acres, except for alternative stormwater management measures that function similarly to cisterns, grass swales, green roofs, standard constructed wetlands, vegetative filter strips, and wet ponds, which are not subject to a contributory drainage area limitation. Alternative measures that function similarly to standard constructed wetlands or wet ponds shall not be used for compliance with the stormwater runoff quality standard unless a variance in accordance with N.J.A.C. 7:8-4.6 or a waiver from strict compliance in accordance with § 455-14E is granted from § 455-14P.
I.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.
J.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 and surrounding area conditions, including, but not limited to, environmentally critical areas; wetlands; flood-prone areas; slopes; depth to seasonal high water table; soil type, permeability through soil testing described in Chapter 12 of the NJ BMP Manual, and texture; drainage area and drainage patterns; and the presence of solution-prone carbonate rocks (limestone);
(2)Â
Stormwater management measures shall be designed and demonstrated
not to negatively impact wetlands or watercourses on site or adjacent
to the property.
(3)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 one-third the width of the diameter of the orifice or one-third 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 § 455-19C;
(4)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 at N.J.A.C. 5:21-7.3, 7.4, and 7.5 shall
be deemed to meet this requirement;
(5)Â
Stormwater management BMPs shall be designed to meet the minimum safety standards for stormwater management BMPs at § 455-19; and
(6)Â
The size of the orifice at the intake to the outlet from the stormwater
management BMP shall be a minimum of 2.5 inches in diameter.
K.Â
Manufactured treatment devices may be used to meet the requirements of this section, provided the pollutant removal rates are verified by the New Jersey Corporation for Advanced Technology and certified by the Department. Manufactured treatment devices that do not meet the definition of green infrastructure at § 455-12 may be used only under the circumstances described at § 455-14P(4).
L.Â
Any application for a new agricultural development that meets the definition of major development at § 455-12 shall be submitted to the Soil Conservation District for review and approval in accordance with the requirements at § 455-14P, Q, R, and S and any applicable Soil Conservation District guidelines for stormwater runoff quantity and erosion control. For purposes of this subsection, "agricultural development" means land uses normally associated with the production of food, fiber, and livestock for sale. Such uses do not include the development of land for the processing or sale of food and the manufacture of agriculturally related products.
M.Â
If there is more than one drainage area, the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at § 455-14P, Q, R, and S shall be met in each drainage area, unless the runoff from the drainage areas converge on-site and no adverse environmental impact would occur as a result of compliance with any one or more of the individual standards being determined using a weighted average of the results achieved for that individual standard across the affected drainage areas.
N.Â
Any stormwater management measure authorized under the municipal stormwater management plan or ordinance shall be reflected in a deed notice recorded in the Office of the Essex County Register of Deeds and Mortgages and with the Township Clerk. A form of deed notice shall be submitted to the Township 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 § 455-14P, Q, R, and S and shall identify the location of the stormwater management measure(s) in NAD 1983 State Plane New Jersey FIPS 2900 US Feet or Latitude and Longitude in decimal degrees. The deed notice shall also reference the maintenance plan required to be recorded upon the deed pursuant to § 455-20B(5). Prior to the commencement of construction, proof that the above required deed notice has been filed shall be submitted to the Township. 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 Township is not a copy of the complete recorded document, a copy of the complete recorded document shall be provided to the Township within 180 calendar days of the authorization granted by the Township.
O.Â
A stormwater management measure approved under the municipal stormwater management plan or Ordinance may be altered or replaced with the approval of the Township, if the Township determines that the proposed alteration or replacement meets the design and performance standards pursuant to § 455-14 of this article 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 Township for approval and subsequently recorded with the County and the Township and shall contain a description and location of the stormwater management measure, as well as reference to the maintenance plan, in accordance with § 455-14N above. Prior to the commencement of construction, proof that the above required deed notice has been filed shall be submitted to the Township in accordance with § 455-14N above.
P.Â
Green infrastructure standards.
(1)Â
This subsection specifies the types of green infrastructure BMPs
that may be used to satisfy the groundwater recharge, stormwater runoff
quality, and stormwater runoff quantity standards.
(2)Â
To satisfy the groundwater recharge and stormwater runoff quality standards at § 455-14Q and R, the design engineer shall use green infrastructure BMPs identified in Table 1 at § 455-14G, and/or an alternative stormwater management measure approved in accordance with § 455-14H. 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 three times the area,
occupied by the BMP
|
|
Small-scale bioretention systems
|
2.5 acres
|
|
Small-scale infiltration basin
|
2.5 acres
|
|
Small-scale sand filter
|
2.5 acres
|
(4)Â
If an exemption in accordance with N.J.A.C. 7:8-4.6 or a waiver from strict compliance in accordance with § 455-14E 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 § 455-14H may be used to meet the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at § 455-14Q, R, and S.
(5)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 § 455-14Q, R, and S, unless the project is granted a waiver from strict compliance in accordance with § 455-14E.
Q.Â
Groundwater recharge standards.
(1)Â
This subsection contains the minimum design and performance standards
for groundwater recharge as follows:
(2)Â
The design engineer shall, using the assumptions and factors for stormwater runoff and groundwater recharge calculations at § 455-15, either:
(a)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
(b)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.
(3)Â
This groundwater recharge requirement does not apply to areas of the project site that have been previously developed as defined in § 455-12 or to groundwater subject to § 455-14Q(4) below. However, groundwater that is not subject to § 455-14Q(4) below shall be used to achieve the standards of this section to the maximum extent practicable in locations where it will meet requirements of this article and will not cause damage to infrastructure or structures.
(4)Â
The following types of stormwater shall not be recharged:
(a)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
(b)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.
R.Â
Stormwater runoff quality standards.
(1)Â
This subsection contains the minimum design and performance standards
to control stormwater runoff quality impacts of major development.
Stormwater runoff quality standards are applicable when the project
meets the definition of a major development.
(2)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:
(a)Â
80% TSS removal of the anticipated load, expressed as an annual
average shall be achieved for the stormwater runoff from the net increase
of any type of regulated impervious surface.
(b)Â
If the surface is considered any type of regulated impervious
surface because the water quality treatment for that area of impervious
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.
(c)Â
If the runoff from a project site will drain, directly or indirectly,
into a water with a Total Maximum Daily Load (TMDL) for TSS, then
the required TSS reduction from the site shall be increased to be
consistent with the reductions set forth in the TMDL;
(d)Â
If the runoff from a project site will drain, directly or indirectly,
into an impaired water that is listed under New Jersey's Integrated
Water Quality Assessment Report as impaired for TSS, then TSS shall
be removed to the maximum extent practicable.
(3)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 § 455-14R(2) 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.
(4)Â
The water quality design storm is 1.25 inches of rainfall in two
hours. Water quality calculations shall take into account the distribution
of rain from the water quality design storm, as reflected in Table
4, below. The calculation of the volume of runoff may take into account
the implementation of stormwater management measures.
|
Table 4 - Water Quality Design 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
|
(5)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,
and
|
|
A
|
=
|
the TSS percent removal rate applicable to the first BMP
|
|
B
|
=
|
the TSS percent removal rate applicable to the second BMP.
|
(6)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 § 455-14Q, R, and S.
(7)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.
(8)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.
(9)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.
(10)Â
The stormwater runoff quality standards do not apply to the
construction of one individual single-family dwelling, provided that
it is not part of a larger development or subdivision that has received
preliminary or final site plan approval prior to December 3, 2018,
and that the motor vehicle surfaces are made of permeable material(s)
such as gravel, dirt, and/or shells.
S.Â
Stormwater runoff quantity standards.
(1)Â
This subsection contains the minimum design and performance standards
to control stormwater runoff quantity impacts of major development.
(2)Â
The site shall be designed to manage through on-site retention the
water quality design storm. The management shall be through the use
of one or more green infrastructure techniques.
(3)Â
In order to control stormwater runoff quantity impacts, the design engineer shall, using the assumptions and factors for stormwater runoff calculations at § 455-15, complete one of the following:
(a)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;
(b)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;
(c)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
(d)Â
In tidal flood hazard areas, stormwater runoff quantity analysis in accordance with § 455-14S(3)(a), (b) and (c) above is required unless the design engineer demonstrates through hydrologic and hydraulic analysis that the increased volume, change in timing, or increased rate of the stormwater runoff, or any combination of the three will not result in additional flood damage below the point of discharge of the major development. No analysis is required if the stormwater is discharged directly into any ocean, bay, inlet, or the reach of any watercourse between its confluence with an ocean, bay, or inlet and downstream of the first water control structure.
(4)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.
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 Davison 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/2014NJSoilErosionControlStandardsComplete.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 § 455-15A(1)(a) and the rational and modified rational methods at § 455-15A(1)(b). 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, incorporated herein by reference
as amended and supplemented. Information regarding the methodology
is available from the New Jersey Stormwater Best Management Practices
Manual; at the New Jersey Geological Survey website at: https://www.nj.gov/dep/njgs/pricelst/gsreport/gsr32.pdf
or at New Jersey Geological and Water Survey, 29 Arctic Parkway, PO
Box 420 Mail Code 29-01, Trenton, New Jersey 08625-0420.
A.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.
A.Â
The stormwater runoff requirements applicable to minor developments
are as follows:
(1)Â
For each square foot of new impervious surface, two gallons of stormwater
shall be managed using green infrastructure practices set out in Table
5 below or such other measures as may be required by the municipal
engineer of which the water quality design storm must be retained
on site using green infrastructure.
(2)Â
All such development shall be subject to review by the municipal
engineer to determine that all stormwater runoff created by the development
is adequately controlled and does not cause an adverse impact on adjoining
property owners.
(3)Â
In such cases where it is determined that the outflow from the stormwater
management system will impact an adjacent property, the outflow shall
be directed to a storm sewer, swale, or other suitable stormwater
runoff conveyance measure.
(4)Â
If the municipal engineer determines that the outflow from the stormwater
management system will damage an adjoining property and the out flow
cannot be safely directed to a storm sewer, swale, or other suitable
stormwater runoff conveyance measure, the stormwater runoff from the
development shall be retained on-site at a rate of three gallons of
storage for each square foot of new impervious surface using green
infrastructure practices or such other measures as may be required
by the municipal engineer.
(5)Â
If the applicant cannot comply with § 455-17A above, the proposal should be redesigned, or reduced in scope so that the stormwater management measures do not damage an adjoining property.
|
Table 5
Minor Development BMP
| |
|---|---|
|
Grass swale
|
Green roof
|
|
Pervious paving system
|
Small-scale bioretention basin
|
|
Small-scale infiltration basin
|
Small-scale sand filter
|
|
Vegetative filter strip
|
Cistern
|
|
Dry well*
| |
|
(*The use of dry wells is allowed only where the other listed
methods cannot feasibly meet the requirements of this section.)
|
(6)Â
Table 6 provides presumptive rain garden sizes that can be installed
to manage New Jersey's Water Quality Design Storm on minor developments.
|
Table 6
Rain Garden Table
| |||
|---|---|---|---|
|
Rain Garden Size
| |||
|
Drainage Area
|
Clay Soil
(soil amendments needed)
|
Silty Soil
|
Sandy Soil
|
|
500 ft2
|
200 ft2
|
100 ft2
|
75 ft2
|
|
750 ft2
|
350 ft2
|
150 ft2
|
112 ft2
|
|
1,000 ft2
|
400 ft2
|
200 ft2
|
149 ft2
|
|
1,500 ft2
|
600 ft2
|
300 ft2
|
224 ft2
|
|
2,000 ft2
|
800 ft2
|
400 ft2
|
299 ft2
|
|
(Source: Rain Garden Manual of New Jersey, Rutgers Water Resource
Programs. Rain garden size based on New Jersey's Water Quality Design
Storm - 1.25 inches of rain over 2 hours)
|
(7)Â
The stormwater management feature shall be protected from future
development by conservation easement, deed restriction, or other acceptable
legal measures.
(8)Â
Waivers. A waiver from strict compliance with the requirement of § 455-17 may be granted by the Township Engineer for those projects where an applicant has demonstrated the inability or impracticability of strict compliance with the stormwater management requirements in that section.
(9)Â
The use of a BMP is subject to soil suitability and approval of the
Township Engineer.
A.Â
This section sets forth requirements to protect public safety through
the proper design and operation of stormwater management BMPs. This
section applies to any new stormwater management BMP.
B.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 § 455-18C(1), C(2), and C(3) for trash racks, overflow grates, and escape provisions at outlet structures.
C.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 2.5 feet per second under the full range of stage and discharge.
Velocity is to be computed on the basis of the net area of opening
through the rack; and
(d)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.
(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 Township pursuant to § 455-18C, a free-standing 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 2.5 feet. Safety ledges shall be comprised of two steps. Each step shall be four to six feet in width. One step shall be located approximately 2.5 feet below the permanent water surface, and the second step shall be located one to 1.5 feet above the permanent water surface. See § 455-18E 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 (3H:1V).
D.Â
Waiver or exemption from safety standard. A waiver or exemption from
the safety standards for stormwater management BMPs may be granted
by the Township Engineer only upon a written finding by the Township
that the waiver or exemption will not constitute a threat to public
safety.
E.Â
Safety ledge illustration.
|
Elevation View - Basin Safety Ledge Configuration
 |
A.Â
Submission of site development stormwater plan.
(1)Â
Whenever an applicant seeks municipal approval of a development subject to this article, the applicant shall submit all of the required components of the checklist for the site development stormwater plan at § 455-18C 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 article.
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 Township 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 article.
C.Â
Submission of site development stormwater plan. The following information
shall be required:
(1)Â
Topographic base map. The design engineer shall provide 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, 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. The map shall indicate
the following: existing surface water drainage, shorelines, steep
slopes, soils, erodible soils, springs, seeps, intermittent or perennial
streams, wetlands, and floodplains along with their appropriate buffer
strips, marshlands and other wetlands, forests, and core forests,
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.
(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 §§ 455-13 through 455-15 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:
(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.
(a)Â
Comprehensive hydrologic and hydraulic design calculations for the pre-development and post-development conditions for the design storms specified in § 455-14 of this article.
(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 evaluate 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 § 455-20.
(8)Â
Waiver from submission requirements. The municipal official or board reviewing an application under this article may, in consultation with the Township Engineer, waive submission of any of the requirements in § 455-19C(1) through (6) of this article when it can be demonstrated that the information requested is impossible to obtain or it would create a hardship on the applicant to obtain and its absence will not materially affect the review process.
B.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 NJ 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 required.
(5)Â
If the party responsible for maintenance identified under § 455-20B(2) above is not a public agency, the maintenance plan and any future revisions based on § 455-20B(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 non-vegetated linings.
(7)Â
The party responsible for maintenance identified under § 455-20B(2) 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; Maintenance and
inspection guidance can be found on the Department's website at: https://www.njstormwater.org/maintenance_guidance.htm.
(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
Submit to the Township Engineer every May 1 an annual maintenance
report, including all preventative and corrective maintenance for
the structural stormwater management measures incorporated into the
design of the development; and
(d)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 § 455-20B(7).
(e)Â
Post a two-year maintenance guarantee in accordance with N.J.S.A.
40:55D-53. This person must develop a written maintenance and inspection
program to be approved by the Township of Verona.
(8)Â
The requirements of § 455-20B(3) and B(4) do not apply to stormwater management facilities that are dedicated to the Township or another governmental agency, subject to all applicable municipal stormwater general permit conditions, as issued by the Department.
(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 Township 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 Township, 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 Township or
county may immediately proceed to do so and shall bill the cost thereof
to the responsible person. Nonpayment of such bill may result in a
lien on the property.
C.Â
Nothing in this subsection shall preclude the Township 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.
This article shall be enforced by the Township Manager, or his/her
designee, which may include the Township Engineer, the Township Planner,
the Township Zoning Office, the Township Construction Code Official
or the Township Building Inspector or any other appropriate designee
of the Township.
