[Added 3-16-2021 by Ord. No. 1834-2021]
Editor's Note: Ord. No. 1834 amended Sections
21A-1 through
21A-13 in entirety. Prior history includes Ord. No. 1583 and Ord. No. 1679.
[Added 3-16-2021 by Ord.
No. 1834-2021]
Flood control, groundwater recharge, and pollutant reduction
shall be achieved through the use of stormwater management measures,
including green infrastructure Best Management Practices (GI BMPs)
and nonstructural stormwater management strategies. GI BMPs and low
impact development (LID) should be utilized to meet the goal of maintaining
natural hydrology to reduce stormwater runoff volume, reduce erosion,
encourage infiltration and groundwater recharge, and reduce pollution.
GI BMPs and LID should be developed based upon physical site conditions
and the origin, nature and the anticipated quantity, or amount, of
potential pollutants. Multiple stormwater management BMPs may be necessary
to achieve the established performance standards for water quality,
quantity, and groundwater recharge.
[Added 3-16-2021 by Ord.
No. 1834-2021]
The purpose of Sections
21A-1 through
21A-13 is to establish minimum stormwater management requirements and controls for "major development," as defined below in Section
21A-2.
[Added 3-16-2021 by Ord.
No. 1834-2021]
a. Sections
21A-1 through
21A-13 shall be applicable to the following major developments:
1. Non-residential major developments; and
2. Aspects of residential major developments that are not pre-empted
by the Residential Site Improvement Standards at N.J.A.C. 5:21.
b. Sections
21A-1 through
21A-13 shall also be applicable to all major developments undertaken by the Township of West Caldwell.
[Added 3-16-2021 by Ord.
No. 1834-2021]
Development approvals issued pursuant to Sections
21A-1 through
21A-13 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 Sections
21A-1 through
21A-13 shall be held to be the minimum requirements for the promotion of the public health, safety, and general welfare.
This chapter is not intended to interfere with, abrogate, or annul any other ordinances, rule or regulation, statute, or other provision of law except that, where any provision of Sections
21A-1 through
21A-13 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.
[Added 3-16-2021 by Ord.
No. 1834-2021]
For the purpose of Sections
21A-1 through
21A-13, the following terms, phrases, words and their derivations shall have the meanings stated herein unless their use in the text of this Chapter clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. The definitions below are the same as or based on the corresponding definitions in the Stormwater Management Rules at N.J.A.C. 7:8-1.2.
CAFRA CENTERS, CORES OR NODES
Means those areas with boundaries incorporated by reference
or revised by the Department in accordance with N.J.A.C. 7:7-13.16.
CAFRA PLANNING MAP
Means 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).
COMMUNITY BASIN
Means 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.
COMPACTION
Means the increase in soil bulk density.
CONTRIBUTORY DRAINAGE AREA
Means the area from which stormwater runoff drains to a stormwater
management measure, not including the area of the stormwater management
measure itself.
CORE
Means a pedestrian-oriented area of commercial and civic
uses serving the surrounding municipality, generally including housing
and access to public transportation.
COUNTY REVIEW AGENCY
Means an agency designated by the Board of County Commissioners
to review municipal stormwater management plans and implementing ordinance(s).
The county review agency may either be:
a.
A county planning agency; or
b.
A county water resource association created under N.J.S.A. 58:16A-55.5,
if the ordinance or resolution delegates authority to approve, conditionally
approve, or disapprove municipal stormwater management plans and implementing
ordinances.
DEPARTMENT
Means the Department of Environmental Protection.
DESIGN ENGINEER
Means 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.
DESIGNATED CENTER
Means a State Development and Redevelopment Plan Center as
designated by the State Planning Commission such as urban, regional,
town, village, or hamlet.
DEVELOPMENT
Means the division of a parcel of land into two or more parcels,
the construction, reconstruction, conversion, structural alteration,
relocation or enlarge-enlargement of any building or structure, any
mining excavation or landfill, and any use or change in the use of
any building or other structure, or land or extension of use of land,
for which permission is required under the Municipal Land Use Law,
N.J.S.A. 40:55D-1 et seq.
In the case of development of agricultural land, development
means: any activity that requires a State permit, any activity reviewed
by the County Agricultural Board (CAB) and the State Agricultural
Development Committee (SADC), and municipal review of any activity
not exempted by the Right to Farm Act, N.J.S.A. 4:1C-1 et seq.
DISTURBANCE
Means 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.
DRAINAGE AREA
Means a geographic area within which stormwater, sediments,
or dissolved materials drain to a particular receiving waterbody or
to a particular point along a receiving waterbody.
EMPOWERMENT NEIGHBORHOODS
Means 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.
ENVIRONMENTALLY CONSTRAINED AREA
Means 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.
ENVIRONMENTALLY CRITICAL AREA
Means 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.
EROSION
Means the detachment and movement of soil or rock fragments
by water, wind, ice, or gravity.
GREEN INFRASTRUCTURE
Means a stormwater management measure that manages stormwater
close to its source by:
a.
Treating stormwater runoff through infiltration into subsoil;
b.
Treating stormwater runoff through filtration by vegetation
or soil; or
c.
Storing stormwater runoff for reuse.
HUC 14 or HYDROLOGIC UNIT CODE 14
Means 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.
IMPERVIOUS SURFACE
Means a surface that has been covered with a layer of material
so that it is highly resistant to infiltration by water.
INFILTRATION
Is the process by which water seeps into the soil from precipitation.
LEAD PLANNING AGENCY
Means 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.
MAJOR DEVELOPMENT
Means an individual "development," as well as multiple developments
that individually or collectively result in the disturbance of one
or more acres of land since February 2, 2004.
Major development includes all developments that are part
of a common plan of development or sale (for example, phased residential
development) that collectively or individually result in the disturbance
of one or more acres of land since February 2, 2004. Projects undertaken
by any government agency that otherwise meet the definition of "major
development" but which do not require approval under the Municipal
Land Use Law, N.J.S.A. 40:55D-1 et seq., are also considered "major
development."
MOTOR VEHICLE SURFACE
Means 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.
MOTOR VEHICLE
Means 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.
MUNICIPALITY
Means any city, borough, town, township, or village.
NEW JERSEY STORMWATER BEST MANAGEMENT PRACTICES (BMP) MANUAL
or BMP MANUAL
Means the manual maintained by the Department providing, in part, design specifications, removal rates, calculation methods, and soil testing procedures approved by the Department as being capable of contributing to the achievement of the stormwater management standards specified in this chapter. The BMP Manual is periodically amended by the Department as necessary to provide design specifications on additional best management practices and new information on already included practices reflecting the best available current information regarding the particular practice and the Department's determination as to the ability of that best management practice to contribute to compliance with the standards contained in this chapter. Alternative stormwater management measures, removal rates, or calculation methods may be utilized, subject to any limitations specified in this chapter, provided the design engineer demonstrates to the municipality, in accordance with §
21A-4.7b 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.
NODE
Means an area designated by the State Planning Commission
concentrating facilities and activities which are not organized in
a compact form.
NUTRIENT
Means a chemical element or compound, such as nitrogen or
phosphorus, which is essential to and promotes the development of
organisms.
PERSON
Means any individual, corporation, company, partnership,
firm, association, political subdivision of this State and any state,
interstate or Federal agency.
POLLUTANT
Means 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, ground waters or surface waters of the State, or to a domestic
treatment works. "Pollutant" includes both hazardous and nonhazardous
pollutants.
RECHARGE
Means the amount of water from precipitation that infiltrates
into the ground and is not evapotranspired.
REGULATED IMPERVIOUS SURFACE
Means any of the following, alone or in combination:
a.
A net increase of impervious surface;
b.
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);
c.
The total area of impervious surface proposed to be newly collected
by an existing stormwater conveyance system; and/or
d.
The total area of impervious surface collected by an existing
stormwater conveyance system where the capacity of that conveyance
system is increased.
REGULATED MOTOR VEHICLE SURFACE
Means any of the following, alone or in combination:
a.
The total area of motor vehicle surface that is currently receiving
water;
b.
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.
SEDIMENT
Means solid material, mineral or organic, that is in suspension,
is being transported, or has been moved from its site of origin by
air, water or gravity as a product of erosion.
SITE
Means the lot or lots upon which a major development is to
occur or has occurred.
SOIL
Means all unconsolidated mineral and organic material of
any origin.
STATE PLAN POLICY MAP
Is defined as the geographic application of the State Development
and Redevelopment Plan's goals and statewide policies, and the
official map of these goals and policies.
STORMWATER MANAGEMENT BMP
Means an excavation or embankment and related areas designed
to retain stormwater runoff. A stormwater management BMP may either
be normally dry (that is, a detention basin or infiltration system),
retain water in a permanent pool (a retention basin), or be planted
mainly with wetland vegetation (most constructed stormwater wetlands).
STORMWATER MANAGEMENT MEASURE
Means 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 non-stormwater
discharges into stormwater conveyances.
STORMWATER MANAGEMENT PLANNING AREA
Means 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.
STORMWATER RUNOFF
Means water flow on the surface of the ground or in storm
sewers, resulting from precipitation.
STORMWATER
Means 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.
TIDAL FLOOD HAZARD AREA
Means a flood hazard area in which the flood elevation resulting
from the two-, ten-, or 100-year storm, as applicable, is governed
by tidal flooding from the Atlantic Ocean. Flooding in a tidal flood
hazard area may be contributed to, or influenced by, stormwater runoff
from inland areas, but the depth of flooding generated by the tidal
rise and fall of the Atlantic Ocean is greater than flooding from
any fluvial sources. In some situations, depending upon the extent
of the storm surge from a particular storm event, a flood hazard area
may be tidal in the 100-year storm, but fluvial in more frequent storm
events.
URBAN ENTERPRISE ZONES
Means a zone designated by the New Jersey Enterprise Zone
Authority pursuant to the New Jersey Urban Enterprise Zones Act, N.J.S.A.
52:27H-60 et seq.
URBAN REDEVELOPMENT AREA
Is defined as previously developed portions of areas:
a.
Delineated on the State Plan Policy Map (SPPM) as the Metropolitan
Planning Area (PA1), Designated Centers, Cores or Nodes;
b.
Designated as CAFRA Centers, Cores or Nodes;
c.
Designated as Urban Enterprise Zones; and
d.
Designated as Urban Coordinating Council Empowerment Neighborhoods.
WATER CONTROL STRUCTURE
Means a structure within, or adjacent to, a water, which
intentionally or coincidentally alters the hydraulic capacity, the
flood elevation resulting from the two-, ten-, or 100-year storm,
flood hazard area limit, and/or floodway limit of the water. Examples
of a water control structure may include a bridge, culvert, dam, embankment,
ford (if above grade), retaining wall, and weir.
WATERS OF THE STATE
Means 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.
WETLANDS or WETLAND
Means 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.
[Added 3-16-2021 by Ord.
No. 1834-2021]
[Added 3-16-2021 by Ord.
No. 1834-2021]
a. Stormwater management measures for major development shall be designed
to provide erosion control, groundwater recharge, stormwater runoff
quantity control, and stormwater runoff quality treatment as follows:
1. The minimum standards for erosion control are those established under
the Soil and Sediment Control Act, N.J.S.A. 4:24-39 et seq., and implementing
rules at N.J.A.C. 2:90.
2. The minimum standards for groundwater recharge, stormwater quality,
and stormwater runoff quantity shall be met by incorporating green
infrastructure.
b. The standards in Sections
21A-1 through
21A-13 apply only to new major development and are intended to minimize the impact of stormwater runoff on water quality and water quantity in receiving water bodies and maintain groundwater recharge. The standards do not apply to new major development to the extent that alternative design and performance standards are applicable under a regional stormwater management plan or Water Quality Management Plan adopted in accordance with Department rules.
[Added 3-16-2021 by Ord.
No. 1834-2021]
a. The development shall incorporate a maintenance plan for the stormwater
management measures incorporated into the design of a major development
in accordance with § 21A-4.10.
[Added 3-16-2021 by Ord.
No. 1834-2021]
a. Prior to the issuance of any approval required under this chapter,
the Township shall require the landowner to execute a Stormwater Management
Agreement. Such agreement shall create on the part of landowner and/or
its successors in title and/or its' assigns the responsibility
and obligation, in perpetuity, for the continued operation, maintenance
and effect of all stormwater management measures under the Maintenance
Plan.
b. Such agreement shall be recorded by the owner in the Essex County
Registrar of Deeds and Mortgages.
[Added 3-16-2021 by Ord.
No. 1834-2021]
Pursuant to N.J.S.A. 40:55D-8b, the landowner and/or its successor
in title and/or its assigns shall, for all years of the life of the
Agreement, fund and maintain a balance of escrow monies to ensure
the continued operation, maintenance and effect of all stormwater
management measures under the Maintenance Plan.
[Added 3-16-2021 by Ord.
No. 1834-2021]
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
muhlenbergii (bog turtle).
[Added 3-16-2021 by Ord.
No. 1834-2021]
The following linear development projects are exempt from the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity requirements of §
21A-4.7l,
m, and
n:
a. The construction of an underground utility line provided that the
disturbed areas are revegetated upon completion;
b. The construction of an aboveground utility line provided that the
existing conditions are maintained to the maximum extent practicable;
and
c. 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.
[Added 3-16-2021 by Ord.
No. 1834-2021]
A waiver from strict compliance from the green infrastructure, groundwater recharge, stormwater runoff quality, and stormwater runoff quantity requirements of §
21A-4.7k,
l,
m, and
n 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:
a. The applicant demonstrates that there is a public need for the project
that cannot be accomplished by any other means;
b. The applicant demonstrates through an alternative analysis, that through the use of stormwater management measures, the option selected complies with the requirements of §
21A-4.7k,
l,
m, and
n to the maximum extent practicable;
c. The applicant demonstrates that, in order to meet the requirements of §
21A-4.7k,
l,
m, and
n, existing structures currently in use, such as homes and buildings, would need to be condemned; and
d. 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 §
21A-4.4 above within the upstream drainage area of the receiving stream, that would provide additional opportunities to mitigate the requirements of §
21A-4.7k,
l,
m, and
n that were not achievable onsite.
[Added 3-16-2021 by Ord.
No. 1834-2021]
Tables 1 through 3 below summarize the ability of stormwater
best management practices identified and described in the New Jersey
Stormwater Best Management.
a. Practices Manual to satisfy the green infrastructure, groundwater recharge, stormwater runoff quality and stormwater runoff quantity standards specified in §
21A-4.7k,
l,
m, and
n. When designed in accordance with the most current version of the New Jersey Stormwater Best Management Practices Manual, the stormwater management measures found at N.J.A.C. 7:8-5.2(f) Tables 5-1, 5-2 and 5-3 and listed below in Tables 1, 2 and 3 are presumed to be capable of providing stormwater controls for the design and performance standards as outlined in the tables below. Upon amendments of the New Jersey Stormwater Best Management Practices to reflect additions or deletions of BMPs meeting these standards, or changes in the presumed performance of BMPs designed in accordance with the New Jersey Stormwater BMP Manual, the Department shall publish in the New Jersey Registers a notice of administrative change revising the applicable table. The most current version of the BMP Manual can be found on the Department's website at: https://njstormwater.org/bmp_manual2.htm.
b. Where the BMP tables in the NJ Stormwater Management Rule are different due to updates or amendments with the tables in Sections
21A-1 through
21A-13 the BMP Tables in the Stormwater Management rule at N.J.A.C. 7:8-5.2(f) shall take precedence.
Table 1
Green Infrastructure BMPs for Groundwater Recharge, Stormwater
Runoff Quality, and/or Stormwater Runoff Quantity
|
---|
Best Management Practice
|
Stormwater Runoff Quality TSS Removal Rate
(percent)
|
Stormwater Runoff Quantity
|
Groundwater Recharge
|
Minimum Separation from Seasonal High Water Table
(feet)
|
---|
Cistern
|
0
|
Yes
|
No
|
—
|
Dry Well(a)
|
0
|
No
|
Yes
|
2
|
Grass Swale
|
50 or less
|
No
|
No
|
2(e)
1(f)
|
Green Roof
|
0
|
Yes
|
No
|
—
|
Manufactured Treatment Device(a)(g)
|
50 or 80
|
No
|
No
|
Dependent upon the device
|
Pervious Paving System(a)
|
80
|
Yes
|
Yes(b)
No(c)
|
2(b)
1(c)
|
Small-Scale Bioretention Basin(a)
|
80 or 90
|
Yes
|
Yes(b)
No(c)
|
2(b)
1(c)
|
Small-Scale Infiltration Basin(a)
|
80
|
Yes
|
Yes
|
2
|
Small-Scale Sand Filter
|
80
|
Yes
|
Yes
|
2
|
Vegetative Filter Strip
|
60-80
|
No
|
No
|
—
|
Notes
|
(a)
|
Subject to the applicable contributory drainage area limitation specified at Section 21A-4.7k;
|
(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 § 21A-2;
|
(h)
|
Manufactured treatment devices that do not meet the definition of green infrastructure at § 21A-2.
|
Table 2
Green Infrastructure BMPs for Stormwater Runoff Quantity
(or for Groundwater Recharge and/or Stormwater Runoff Quality
with a Waiver or Variance from N.J.A.C. 7:8-5.3)
|
---|
Best Management Practice
|
Stormwater Runoff Quality TSS Removal Rate
(percent)
|
Stormwater Runoff Quantity
|
Groundwater Recharge
|
Minimum Separation from Seasonal High Water Table
(feet)
|
---|
Bioretention System
|
80 or 90
|
Yes
|
Yes(b)
No(c)
|
2(b)
1(c)
|
Infiltration Basin
|
80
|
Yes
|
Yes
|
2
|
Sand Filter(b)
|
80
|
Yes
|
Yes
|
2
|
Standard Constructed Wetland
|
90
|
Yes
|
No
|
N/A
|
Wet Pond(d)
|
50-90
|
Yes
|
No
|
N/A
|
Notes
|
(a)
|
Subject to the applicable contributory drainage area limitation specified at § 21A-4.7k;
|
(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 § 21A-2;
|
(h)
|
Manufactured treatment devices that do not meet the definition of green infrastructure at § 21A-2.
|
Table 3
BMPs for Groundwater Recharge, Stormwater Runoff Quality, and/or
Stormwater Runoff Quantity
only with a Waiver or Variance from N.J.A.C. 7:8-5.3
|
---|
Best Management Practice
|
Stormwater Runoff Quality TSS Removal Rate
(percent)
|
Stormwater Runoff Quantity
|
Groundwater Recharge
|
Minimum Separation from Seasonal High Water Table
(feet)
|
---|
Blue Roof
|
0
|
Yes
|
No
|
N/A
|
Extended Detention Basin
|
40-60
|
Yes
|
No
|
1
|
Manufactured Treatment Device(h)
|
50 or 80
|
No
|
No
|
Dependent upon the device
|
Sand Filter(c)
|
80
|
Yes
|
No
|
1
|
Subsurface Gravel Wetland
|
90
|
No
|
No
|
1
|
Wet Pond
|
50-90
|
Yes
|
No
|
N/A
|
Notes:
|
(a)
|
Subject to the applicable contributory drainage area limitation specified at § 21A-4.7k;
|
(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 § 21A-2;
|
(h)
|
Manufactured treatment devices that do not meet the definition of green infrastructure at § 21A-2.
|
c. An alternative stormwater management measure, alternative removal rate, and/or alternative method to calculate the removal rate may be used if the design engineer demonstrates the capability of the proposed alternative stormwater management measure and/or the validity of the alternative rate or method to the municipality. A copy of any approved alternative stormwater management measure, alternative removal rate, and/or alternative method to calculate the removal rate shall be provided to the Department in accordance with §
21A-7.2. Alternative stormwater management measures may be used to satisfy the requirements at §
21A-4.7k only if the measures meet the definition of green infrastructure at §
21A-2. Alternative stormwater management measures that function in a similar manner to a BMP listed at §
21A-4.7k2 are subject to the contributory drainage area limitation specified at §
21A-4.7k2 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 §
21A-4.7k2 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 §
21A-4.7k is granted from §
21A-4.7k.
d. 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.
e. Design standards for stormwater management measures are as follows:
1. Stormwater management measures shall be designed to take into account
the existing site conditions, including, but not limited to, environmentally
critical areas; wetlands; flood-prone areas; slopes; depth to seasonal
high water table; soil type, permeability, and texture; drainage area
and drainage patterns; and the presence of solution-prone carbonate
rocks (limestone);
2. Stormwater management measures shall be designed to minimize maintenance, facilitate maintenance and repairs, and ensure proper functioning. Trash racks shall be installed at the intake to the outlet structure, as appropriate, and shall have parallel bars with one-inch spacing between the bars to the elevation of the water quality design storm. For elevations higher than the water quality design storm, the parallel bars at the outlet structure shall be spaced no greater than 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 §
21A-8.2;
3. Stormwater management measures shall be designed, constructed, and
installed to be strong, durable, and corrosion resistant. Measures
that are consistent with the relevant portions of the Residential
Site Improvement Standards at N.J.A.C. 5:21-7.3, 7.4, and 7.5 shall
be deemed to meet this requirement;
4. Stormwater management BMPs shall be designed to meet the minimum safety standards for stormwater management BMPs at §
21A-8; and
5. The size of the orifice at the intake to the outlet from the stormwater
management BMP shall be a minimum of 2 1/2 inches in diameter.
6. Protect areas that provide water quality benefits or areas particularly
susceptible to erosion and sediment loss;
7. Minimize impervious surfaces and break up or disconnect the flow
of runoff over impervious surfaces;
8. Maximize the protection of natural drainage features and vegetation;
9. Minimize the decrease in the "time of concentration" from preconstruction
to post-construction. "Time of concentration" is defined as the time
it takes for runoff to travel from the hydraulically most distant
point of the watershed to the point of interest within a watershed;
10. Minimize land disturbance including clearing and grading;
11. Minimize soil compaction;
12. Provide low-maintenance landscaping that encourages retention and
planting of native vegetation and minimizes the use of lawns, fertilizers
and pesticides;
13. Provide vegetated open-channel conveyance systems discharging into
and through stable vegetated areas;
14. Provide other source controls to prevent or minimize the use or exposure
of pollutants at the site, in order to prevent or minimize the release
of those pollutants into stormwater runoff. Such source controls include,
but are not limited to:
(a)
Site design features that help to prevent discharge of trash
and debris from drainage systems;
(b)
Site design features that help to prevent and/or contain spills
or other harmful accumulations of pollutants at industrial or commercial
developments; and
(c)
When establishing vegetation after land disturbance, applying
fertilizer in accordance with the requirements established under the
Soil Erosion and Sediment Control Act, N.J.S.A. 4:24-39 et seq., and
implementing rules.
f. Manufactured treatment devices may be used to meet the requirements of this subchapter, 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 §
21A-2 may be used only under the circumstances described at § 21A-4k4.
g. Any application for a new agricultural development that meets the definition of major development at §
21A-2 shall be submitted to the Soil Conservation District for review and approval in accordance with the requirements at §
21A-4.7k,
l,
m, and
n 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.
h. If there is more than one drainage area, the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at §
21A-4.7l,
m, and
n shall be met in each drainage area, unless the runoff from the drainage areas converge onsite and no adverse environmental impact would occur as a result of compliance with any one or more of the individual standards being determined utilizing a weighted average of the results achieved for that individual standard across the affected drainage areas.
i. Any stormwater management measure authorized under the municipal stormwater management plan or ordinance shall be reflected in a deed notice recorded in the Essex County Clerk. A form of deed notice shall be submitted to the municipality for approval prior to filing. The deed notice shall contain a description of the stormwater management measure(s) used to meet the green infrastructure, groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at §
21A-4.7k,
l,
m, and
n 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 §
21A-10.2b. Prior to the commencement of construction, proof that the above required deed notice has been filed shall be submitted to the municipality. Proof that the required information has been recorded on the deed shall be in the form of either a copy of the complete recorded document or a receipt from the clerk or other proof of recordation provided by the recording office. However, if the initial proof provided to the municipality is not a copy of the complete recorded document, a copy of the complete recorded document shall be provided to the municipality within 180 calendar days of the authorization granted by the municipality.
j. A stormwater management measure approved under the municipal stormwater management plan or ordinance may be altered or replaced with the approval of the municipality, if the municipality determines that the proposed alteration or replacement meets the design and performance standards pursuant to §
21A-4 and provides the same level of stormwater management as the previously approved stormwater management measure that is being altered or replaced. If an alteration or replacement is approved, a revised deed notice shall be submitted to the municipality for approval and subsequently recorded with the Essex County Clerk and shall contain a description and location of the stormwater management measure, as well as reference to the maintenance plan, in accordance with §
21A-4.7i above. Prior to the commencement of construction, proof that the above required deed notice has been filed shall be submitted to the municipality in accordance with §
21A-4.7i above.
k. Green Infrastructure Standards.
1. This subsection specifies the types of green infrastructure BMPs
that may be used to satisfy the groundwater recharge, stormwater runoff
quality, and stormwater runoff quantity standards.
2. To satisfy the groundwater recharge and stormwater runoff quality standards at §
21A-4.7l and
m, the design engineer shall utilize green infrastructure BMPs identified in Table 1 at §
21A-4.7b and/or an alternative stormwater management measure approved in accordance with §
21A-4.7g. 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
|
3. To satisfy the stormwater runoff quantity standards at §
21A-4.7m, the design engineer shall utilize BMPs from Table 1 or from Table 2 and/or an alternative stormwater management measure approved in accordance with §
21A-4.7b.
4. If a variance in accordance with N.J.A.C. 7:8-4.6 or a waiver from strict compliance in accordance with §
21A-4.6 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 § 21-4.7 may be used to meet the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at §
21A-4.7l,
m, and
n.
5. For separate or combined storm sewer improvement projects, such as sewer separation, undertaken by a government agency or public utility (for example, a sewerage company), the requirements of this subsection shall only apply to areas owned in fee simple by the government agency or utility, and areas within a right-of-way or easement held or controlled by the government agency or utility; the entity shall not be required to obtain additional property or property rights to fully satisfy the requirements of this subsection. Regardless of the amount of area of a separate or combined storm sewer improvement project subject to the green infrastructure requirements of this subsection, each project shall fully comply with the applicable groundwater recharge, stormwater runoff quality control, and stormwater runoff quantity standards at §
21A-4.7l,
m, and
n, unless the project is granted a waiver from strict compliance in accordance with §
21A-4.6.
l. Groundwater Recharge Standards.
1. This subsection contains the minimum design and performance standards
for groundwater recharge as follows.
2. The design engineer shall, using the assumptions and factors for stormwater runoff and groundwater recharge calculations at §
21A-5, either:
(a)
Demonstrate through hydrologic and hydraulic analysis that the
site and its stormwater management measures maintain 100% of the average
annual pre-construction groundwater recharge volume for the site;
or
(b)
Demonstrate through hydrologic and hydraulic analysis that the
increase of stormwater runoff volume from pre-construction to post-construction
for the two-year storm is infiltrated.
3. This groundwater recharge requirement does not apply to projects
within the "urban redevelopment area," or to projects subject to paragraph
4 below.
4. The following types of stormwater shall not be recharged:
(a)
Stormwater from areas of high pollutant loading. High pollutant
loading areas are areas in industrial and commercial developments
where solvents and/or petroleum products are loaded/unloaded, stored,
or applied, areas where pesticides are loaded/unloaded or stored;
areas where hazardous materials are expected to be present in greater
than "reportable quantities" as defined by the United States Environmental
Protection Agency (EPA) at 40 CFR 302.4; areas where recharge would
be inconsistent with Department approved remedial action work plan
or landfill closure plan and areas with high risks for spills of toxic
materials, such as gas stations and vehicle maintenance facilities;
and
(b)
Industrial stormwater exposed to "source material." "Source
material" means any material(s) or machinery, located at an industrial
facility, that is directly or indirectly related to process, manufacturing
or other industrial activities, which could be a source of pollutants
in any industrial stormwater discharge to groundwater. Source materials
include, but are not limited to, raw materials; intermediate products;
final products; waste materials; by-products; industrial machinery
and fuels, and lubricants, solvents, and detergents that are related
to process, manufacturing, or other industrial activities that are
exposed to stormwater.
m. Stormwater Runoff Quality Standards.
1. This subsection contains the minimum design and performance standards
to control stormwater runoff quality impacts of major development.
Stormwater runoff quality standards are applicable when the major
development results in an increase of one-quarter acre or more of
regulated motor vehicle surface.
2. Stormwater management measures shall be designed to reduce the post-construction
load of total suspended solids (TSS) in stormwater runoff generated
from the water quality design storm as follows:
(a)
Eighty percent TSS removal of the anticipated load, expressed
as an annual average shall be achieved for the stormwater runoff from
the net increase of motor vehicle surface.
(b)
If the surface is considered regulated motor vehicle surface
because the water quality treatment for an area of motor vehicle surface
that is currently receiving water quality treatment either by vegetation
or soil, by an existing stormwater management measure, or by treatment
at a wastewater treatment plant is to be modified or removed, the
project shall maintain or increase the existing TSS removal of the
anticipated load expressed as an annual average.
3. The requirement to reduce TSS does not apply to any stormwater runoff
in a discharge regulated under a numeric effluent limitation for TSS
imposed under the New Jersey Pollutant Discharge Elimination System
(NJPDES) rules, N.J.A.C. 7:14A, or in a discharge specifically exempt
under a NJPDES permit from this requirement. Every major development,
including any that discharge into a combined sewer system, shall comply
with paragraph 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. 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. 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:
Where
|
R
|
=
|
total TSS percent load removal from application of both BMPs.
|
A
|
=
|
the TSS percent removal rate applicable to the first BMP.
|
B
|
=
|
the TSS percent removal rate applicable to the second BMP.
|
6. Stormwater management measures shall also be designed to reduce, to the maximum extent feasible, the post-construction nutrient load of the anticipated load from the developed site in stormwater runoff generated from the water quality design storm. In achieving reduction of nutrients to the maximum extent feasible, the design of the site shall include green infrastructure BMPs that optimize nutrient removal while still achieving the performance standards in §
21A-4.7l,
m, and
n.
7. In accordance with the definition of FW1 at N.J.A.C. 7:9B-1.4, stormwater
management measures shall be designed to prevent any increase in stormwater
runoff to waters classified as FW1.
8. The Flood Hazard Area Control Act Rules at N.J.A.C. 7:13-4.1(c)1
establish 300-foot riparian zones along Category One waters, as designated
in the Surface Water Quality Standards at N.J.A.C. 7:9B, and certain
upstream tributaries to Category One waters. A person shall not undertake
a major development that is located within or discharges into a 300-foot
riparian zone without prior authorization from the Department under
N.J.A.C. 7:13.
9. Pursuant to the Flood Hazard Area Control Act Rules at N.J.A.C. 7:13-11.2(j)3.i,
runoff from the water quality design storm that is discharged within
a 300-foot riparian zone shall be treated in accordance with this
subsection to reduce the post-construction load of total suspended
solids by 95% of the anticipated load from the developed site, expressed
as an annual average.
10. This 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.
n. Stormwater Runoff Quantity Standards.
1. This subsection contains the minimum design and performance standards
to control stormwater runoff quantity impacts of major development.
2. In order to control stormwater runoff quantity impacts, the design engineer shall, using the assumptions and factors for stormwater runoff calculations at §
21A-5, complete one of the following:
(a)
Demonstrate through hydrologic and hydraulic analysis that for
stormwater leaving the site, post-construction runoff hydrographs
for the two-, ten-, and 100-year storm events do not exceed, at any
point in time, the pre-construction runoff hydrographs for the same
storm events;
(b)
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)
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)
In tidal flood hazard areas, stormwater runoff quantity analysis
in accordance with paragraphs (a), (b) and (c) above is required unless
the design engineer demonstrates through hydrologic and hydraulic
analysis that the increased volume, change in timing, or increased
rate of the stormwater runoff, or any combination of the three will
not result in additional flood damage below the point of discharge
of the major development. No analysis is required if the stormwater
is discharged directly into any ocean, bay, inlet, or the reach of
any watercourse between its confluence with an ocean, bay, or inlet
and downstream of the first water control structure.
3. The stormwater runoff quantity standards shall be applied at the
site's boundary to each abutting lot, roadway, watercourse, or
receiving storm sewer system.
[Added 3-16-2021 by Ord.
No. 1834-2021]
[Added 3-16-2021 by Ord.
No. 1834-2021]
Stormwater runoff shall be calculated in accordance with the
following:
a. The design engineer shall calculate runoff using one of the following
methods:
1. 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
2. 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.
b. 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 §
21A-5.1a1 and the Rational and Modified Rational Methods at §
21A-5.1a2. A runoff coefficient or a groundwater recharge land cover for an existing condition may be used on all or a portion of the site if the design engineer verifies that the hydrologic condition has existed on the site or portion of the site for at least five years without interruption prior to the time of application. If more than one land cover has existed on the site during the five years immediately prior to the time of application, the land cover with the lowest runoff potential shall be used for the computations. In addition, there is the presumption that the site is in good hydrologic condition (if the land use type is pasture, lawn, or park), with good cover (if the land use type is woods), or with good hydrologic condition and conservation treatment (if the land use type is cultivation).
c. 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.
d. 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.
e. 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.
[Added 3-16-2021 by Ord.
No. 1834-2021]
Groundwater recharge may be calculated in accordance with the
following:
a. 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.
[Added 3-16-2021 by Ord.
No. 1834-2021]
a. Site design features identified under §
21A-4.7b above, or alternative designs in accordance with §
21A-4.7c above, to prevent discharge of trash and debris from drainage systems shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets. For purposes of this paragraph, "solid and floatable materials" means sediment, debris, trash, and other floating, suspended, or settleable solids. For exemptions to this standard see § 21A-6.2 below.
1. Design engineers shall use one of the following grates whenever they
use a grate in pavement or another ground surface to collect stormwater
from that surface into a storm drain or surface water body under that
grate:
(a)
The New Jersey Department of Transportation (NJDOT), which is
described in Chapter 2.4 of the NJDOT Bicycle Compatible Roadways
and Bikeways Planning and Design Guidelines; or
b. A different grate, if each individual clear space in that grate has
an area of no more than 7.0 square inches or is no greater than 0.5
inch across the smallest dimension.
1. Examples of grates subject to this standard include grates in grate
inlets, the grate portion (non-curb-opening portion) of combination
inlets, grates on storm sewer manholes, ditch grates, trench grates,
and grates of spacer bars in slotted drains. Examples of ground surfaces
include surfaces of roads (including bridges), driveways, parking
areas, bikeways, plazas, sidewalks, lawns, fields, open channels,
and stormwater system floors used to collect stormwater from the surface
into a storm drain or surface water body.
c. 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.
1. The standard in paragraph a1 above does not apply:
(a)
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;
(b)
Where the municipality agrees that the standards would cause
inadequate hydraulic performance that could not practicably be overcome
by using additional or larger storm drain inlets;
(c)
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:
(1)
A rectangular space 4.625 inches long and 1.5 inches wide (this
option does not apply for outfall netting facilities); or
(2)
A bar screen having a bar spacing of 0.5 inch.
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].
|
d. 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
e. 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.
[Added 3-16-2021 by Ord.
No. 1834-2021]
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.
a. 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.
b. Additional maintenance guidance is available on the Department's
website at: https://www.njstormwater.org/maintenance_guidance.htm.
[Added 3-16-2021 by Ord.
No. 1834-2021]
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.
[Added 3-16-2021 by Ord.
No. 1834-2021]
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.
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 §
21A-8.2a,
b, and
c for trash racks, overflow grates, and escape provisions at outlet structures.
[Added 3-16-2021 by Ord.
No. 1834-2021]
a. 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:
1. The trash rack shall have parallel bars, with no greater than six-inch
spacing between the bars; and
2. The trash rack shall be designed so as not to adversely affect the
hydraulic performance of the outlet pipe or structure; and
3. 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
4. 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.
b. An overflow grate is designed to prevent obstruction of the overflow
structure. If an outlet structure has an overflow grate, such grate
shall meet the following requirements:
1. The overflow grate shall be secured to the outlet structure but removable
for emergencies and maintenance.
2. The overflow grate spacing shall be no less than two inches across
the smallest dimension.
3. The overflow grate shall be constructed and installed to be rigid,
durable, and corrosion resistant, and shall be designed to withstand
a perpendicular live loading of 300 pounds per square foot.
c. Stormwater management BMPs shall include escape provisions as follows:
1. If a stormwater management BMP has an outlet structure, escape provisions
shall be incorporated in or on the structure. Escape provisions include
the installation of permanent ladders, steps, rungs, or other features
that provide easily accessible means of egress from stormwater management
BMPs. With the prior approval of the municipality pursuant to VIII.C,
a free-standing outlet structure may be exempted from this requirement;
2. Safety ledges shall be constructed on the slopes of all new stormwater management BMPs having a permanent pool of water deeper than 2 1/2 feet. Safety ledges shall be comprised of two steps. Each step shall be four feet to six feet in width. One step shall be located approximately 2 1/2 feet below the permanent water surface, and the second step shall be located one to 1 1/2 feet above the permanent water surface. See §
21A-8.4 for an illustration of safety ledges in a stormwater management BMP; and
3. In new stormwater management BMPs, the maximum interior slope for
an earthen dam, embankment, or berm shall not be steeper than three
horizontals to one vertical.
[Added 3-16-2021 by Ord.
No. 1834-2021]
a. A variance or exemption from the safety standards for stormwater
management BMPs may be granted only upon a written finding by the
municipality that the variance or exemption will not constitute a
threat to public safety.
[Added 3-16-2021 by Ord.
No. 1834-2021]
Elevation View - Basin Safety Ledge Configuration
|
[Added 3-16-2021 by Ord.
No. 1834-2021]
a. Whenever an applicant seeks municipal approval of a development subject to §§
21A-1 through
21A-13, the applicant shall submit all of the required components of the Checklist for the Site Development Stormwater Plan at § 21A- 9.3 below as part of the submission of the application for approval.
b. The applicant shall demonstrate that the project meets the standards set forth in Sections
21A-1 through
21A-13.
c. The applicant shall submit [specify number] copies of the materials listed in the checklist for site development stormwater plans in accordance with §
21A-9.3.
[Added 3-16-2021 by Ord.
No. 1834-2021]
a. The applicant's Site Development project shall be reviewed as a part of the review process by the municipal board or official from which municipal approval is sought. That municipal board or official shall consult the municipality's review engineer to determine if all of the checklist requirements have been satisfied and to determine if the project meets the standards set forth in Sections
21A-1 through
21A-13.
[Added 3-16-2021 by Ord.
No. 1834-2021]
The following information shall be required:
a. Topographic Base Map. The reviewing engineer may require upstream
tributary drainage system information as necessary. It is recommended
that the topographic base map of the site be submitted which extends
a minimum of 200 feet beyond the limits of the proposed development,
at a scale of one inch equals 200 feet or greater, showing two-foot
contour intervals. The map as appropriate may indicate the following:
existing surface water drainage, shorelines, steep slopes, soils,
erodible soils, perennial or intermittent streams that drain into
or upstream of the Category One waters, wetlands and flood plains
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
manmade features not otherwise shown.
b. 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.
c. 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.
d. Land Use Planning and Source Control Plan. This plan shall provide a demonstration of how the goals and standards of §§
21A-3 through
21A-5 are being met. The focus of this plan shall be to describe how the site is being developed to meet the objective of controlling groundwater recharge, stormwater quality and stormwater quantity problems at the source by land management and source controls whenever possible.
e. Stormwater Management Facilities Map. The following information,
illustrated on a map of the same scale as the topographic base map,
shall be included:
1. 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.
2. 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.
f. Calculations.
1. Comprehensive hydrologic and hydraulic design calculations for the pre- development and post-development conditions for the design storms specified in §
21A-4.
2. 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 onsite boring logs or soil pit
profiles. The number and location of required soil borings or soil
pits shall be determined based on what is needed to determine the
suitability and distribution of soils present at the location of the
control measure.
g. Maintenance and Repair Plan. The design and planning of the stormwater management facility shall meet the maintenance requirements of §
21A-10.
h. Waiver from Submission Requirements. The municipal official or board reviewing an application under Sections
21A-1 through
21A-13 may, in consultation with the municipality's review engineer, waive submission of any of the requirements in §
21A-9.3a through
21A-9.3f 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.
[Added 3-16-2021 by Ord.
No. 1834-2021]
[Added 3-16-2021 by Ord.
No. 1834-2021]
a. The design engineer shall prepare a maintenance plan for the stormwater
management measures incorporated into the design of a major development.
b. 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.
c. 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.
d. 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.
e. If the party responsible for maintenance identified under §
21A-10.2c above is not a public agency, the maintenance plan and any future revisions based on §
21A-10.2g below shall be recorded upon the deed of record for each property on which the maintenance described in the maintenance plan must be undertaken.
f. 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.
g. The party responsible for maintenance identified under §
21A-10.2c above shall perform all of the following requirements:
1. 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;
2. Evaluate the effectiveness of the maintenance plan at least once
per year and adjust the plan and the deed as needed; and
3. 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 §
21A-10.2f and B7 above.
h. The requirements of §
21A-10.2c and §
21A-10.2d do not apply to stormwater management facilities that are dedicated to and accepted by the municipality or another governmental agency, subject to all applicable municipal stormwater general permit conditions, as issued by the Department.
i. In the event that the stormwater management facility becomes a danger
to public safety or public health, or if it is in need of maintenance
or repair, the municipality shall so notify the responsible person
in writing. Upon receipt of that notice, the responsible person shall
have 14 days to effect maintenance and repair of the facility in a
manner that is approved by the municipal engineer or his designee.
The municipality, in its discretion, may extend the time allowed for
effecting maintenance and repair for good cause. If the responsible
person fails or refuses to perform such maintenance and repair, the
municipality or County may immediately proceed to do so and shall
bill the cost thereof to the responsible person. Nonpayment of such
bill may result in a lien on the property.
[Added 3-16-2021 by Ord.
No. 1834-2021]
Nothing in this subsection shall preclude the municipality in
which the major development is located from requiring the posting
of a performance or maintenance guarantee in accordance with N.J.S.A.
40:55D-53.
[Added 3-16-2021 by Ord.
No. 1834-2021]
Any person(s) who erects, constructs, alters, repairs, converts, maintains, or uses any building, structure or land in violation of Sections
21A-1 through
21A-13 shall be subject to a fine of $250 per day for each and every day the violation remains unabated.
[Added 3-16-2021 by Ord.
No. 1834-2021]
Sections
21A-1 through
21A-13 shall be in full force and effect from and after its adoption and any publication as required by law.
[Added 3-16-2021 by Ord.
No. 1834-2021]
Each section, subsection, sentence, clause and phrase of Sections
21A-1 through
21A-13 is declared to be an independent section, subsection, sentence, clause and phrase, and the finding or holding of any such portion of Sections
21A-1 through
21A-13 to be unconstitutional, void, or ineffective for any cause, or reason, shall not affect any other portion of Sections
21A-1 through
21A-13.
[Ord. No. 1681]
The purpose of this section is 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 ordinance does not apply to fertilizer application
on commercial farms.
[Ord. No. 1681]
Elevated levels of nutrients, particularly phosphorus, in surface
water bodies can result in excessive and accelerated growth of algae
and aquatic plants (eutrophication). Excessive plant growth can result
in diurnal variations and extremes in dissolved oxygen and pH, which,
in turn, can be detrimental to aquatic life. As algae and plant materials
die off, the decay process creates a further demand on dissolved oxygen
levels. The presence of excessive plant matter can also restrict use
of the affected water for recreation and water supply. While healthy
vegetated areas are protective of water quality by stabilizing soil
and filtering precipitation, when fertilizer are applied to the land
surface improperly or in excess of the needs of target vegetation,
nutrients can be transported by means of stormwater to nearby waterways,
contributing to the problematic growth of excessive aquatic vegetation.
Most soils in New Jersey contain sufficient amounts of phosphorus
to support adequate root growth for established turf. Over time, it
is necessary to replenish available phosphorus, but generally not
at the levels commonly applied. Other target vegetation, such as vegetable
gardens and agricultural/horticultural plantings, will have a greater
need for phosphorus application, as will the repair or establishment
of new lawns or cover vegetation. A soils test and fertilizer application
recommendation geared to the soil and planting type is the best means
to determine the amount of nutrients to apply. Timing and placement
of fertilizer application is also critical to avoid transport of nutrients
to waterways through stormwater runoff. Fertilizer applied immediately
prior to a runoff-producing rainfall, outside the growing season or
to impervious surfaces is most likely to be carried away be means
of runoff without accomplishing the desired objective of supporting
target vegetation growth. Therefore, the management of the type, amount
and techniques for fertilizer application is necessary as one tool
to protect water resources.
This section does not apply to application of fertilizer on
commercial farms, but improper application of fertilizer on farms
would be problematic as well. Stewardship on the part of commercial
farmers is needed to address this potential source of excess nutrient
load to water bodies. Commercial farmers are expected to implement
best management practices in accordance with conservation management
plans or resource conservation plans developed for the farm by the
Natural Resource Conservation Service and approved by the Soil Conservation
District Board.
[Ord. No. 1681]
For the purpose of this section, the following terms, phrases,
words, and their derivations shall have the meanings stated herein
unless their use in the text of this section clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory.
BUFFER
Shall mean the land area, 25 feet in width, adjacent to any
water body. However, the Department believes that 25 feet is the appropriate
buffer width to be protective of water quality. However, in situations
that warrant additional flexibility, such as where lot sizes are exceptionally
small or where the 25 feet buffer constitutes the majority of the
available property, the municipality may reduce the buffer to 10 feet
in width, with the additional requirement that a drop spreader be
used for fertilizer application.
COMMERCIAL FARM
Shall mean a farm management unit produced agricultural or
horticultural products worth $2,500 or more annually.
FERTILIZER
Shall mean 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.
IMPERVIOUS SURFACE
Shall mean a surface that has been covered with a layer or
material so that it is highly resistant to infiltration by water.
This term shall be used to include any highway, street, sidewalk,
parking lot, driveway, or other material that prevents infiltration
of water into the soil.
PERSON
Shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
PHOSPHORUS FERTILIZER
Shall mean any fertilizer that contains phosphorus, expressed
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.
SOILS TEST
Shall mean 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.
WATER BODY
Shall mean a surface water feature, such as a lake, river,
stream, creek, pond, lagoon, bay or estuary.
[Ord. No. 1681]
No person may do any of the following:
a. Apply fertilizer when a runoff producing rainfall is occurring or
predicted and/or when soils are saturated and a potential for fertilizer
movement off-site exists.
b. Apply fertilizer 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.
c. Apply fertilizer within the buffer of any water body.
d. Apply fertilizer more than 15 days prior to the start of or at any
time after the end of the recognized growing season which is USDA
Plant Hardiness Zone 6b (March 1 to November 15).
[Ord. No. 1681]
No person may do the following:
a. Apply phosphorus fertilizer 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.
b. Extensions.
1. Application of phosphorus fertilizer needed for 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, reestablished or repairing a turf area.
2. Application of phosphorus fertilizer that delivers liquid or granular
fertilizer under the soils surface, directly to the feeder roots.
3. Application of phosphorus fertilizer to residential container plantings,
flowerbeds, or vegetable gardens.
[Ord. No. 1681]
This section shall be enforced by the Township Engineer or his
designee, Department of Public Works or the Police Department of the
Township of West Caldwell Police Department.
[Ord. No. 1681]
Any person(s) found to be in violation of the provisions of
this section shall be subject to one warning. After the first warning,
the fine for a second violation shall not exceed $250. For each subsequent
violation, the fine shall not exceed $500 per violation.
[Ord. No. 1681]
Each section, subsection, sentence, clause and phrase of this
section is declared to be an independent section, subsection, sentence,
clause and phrase, and the finding or holding of any such portion
of this section to be unconstitutional, void or ineffective for any
cause, or reason, shall not affect any other portion of this section.
[Ord. No. 1681]
This section shall take effect immediately upon passage and
publication in accordance with law.
[Ordinance No. 1681 was adopted July 6, 2010.]
[Ord. No. 1682]
The purpose of this section is to require the retrofitting of
existing storm drain inlets which are in direct contact with repaving,
repairing, reconstruction, or resurfacing or alterations of facilities
on private property, to prevent the discharge of solids and floatables
(such as plastic bottles, cans, food wrappers and other litter) to
the municipal separate storm sewer system(s) operated by the Township
of West Caldwell so as to protect public health, safety and welfare,
and to prescribe penalties for the failure to comply.
[Ord. No. 1682]
For the purpose of this section, the following terms, phrases,
words, and their derivations shall have the meanings stated herein
unless their use in the text of this section clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
Shall mean a conveyance or system of conveyances (including
roads with drainage systems, municipal streets, catch basins, curbs,
gutters, ditches, manmade channels, or storm drains) that is owned
or operated by the Township of West Caldwell or other public body,
and is designed and used for collecting and conveying stormwater.
PERSON
Shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this state subject
to municipal jurisdiction.
STORM DRAIN INLET
Shall mean an opening in a storm drain used to collect stormwater
runoff and includes, but is not limited to, a grate inlet, curb-opening
inlet, slotted inlet, and combination inlet.
WATERS OF THE STATE
Shall mean the ocean and its estuaries, all springs, streams
and bodies of surface or ground water, whether natural or artificial,
within the boundaries of the State of New Jersey or subject to its
estuaries.
[Ord. No. 1682]
No person in control of private property (except a residential
lot with one single-family house) shall authorize the repaving, repairing
(excluding the repair of individual potholes), resurfacing (including
top coating or chip sealing with asphalt emulsion or a thin base of
hot bitumen), reconstructing or altering any surface that is in direct
contact with an existing storm drain inlet on that property unless
the storm drain inlet either:
a. Already meets the design standard below to control passage of solid
and floatable materials; or
b. Is retrofitted or replaced to meet the standard in subsection
21A-15.4 below prior to the completion of the project.
[Ord. No. 1682]
Storm drain inlets identified in subsection
21A-15.3 above shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets. For purposes of this paragraph, "solid and floatable materials" means sediment, debris, trash, and other floating, suspended, or settleable solids. For exemptions to this standard see subsection
21A-15.4c below.
a. Design engineers shall use either of the following grates whenever
they use a grate in pavement or another ground surface to collect
stormwater from that surface into a storm drain or surface water body
under that grate:
1. The New Jersey Department of Transportation (NJDOT) bicycle safe
grate, which is described in Chapter 2.4 of the NJDOT Bicycle Compatible
Roadways and Bikeways Planning and Design Guidelines (April 1996);
or
2. A different grate, if each individual clear space in that grate has
an area of no more than seven square inches, or is no greater than
0.5 inches across the smallest dimension.
Examples of grates subject to this standard include grates in
grate inlets, the grate portion (non-curb-opening portion) of combination
inlets, grates on storm sewer manholes, ditch grates, trench grates,
and grates of spacer bars in slotted drains. Examples of ground surface
include surfaces of roads (including bridges), driveways, parking
areas, bikeways, plazas, sidewalks, lawns, fields, open channels,
and stormwater basin floors.
b. Whenever design engineers use a curb-opening inlet, the clear space
in that curb opening (or each individual clear space, if the curb
opening has two or more clear spaces) shall have an area of no more
than seven square inches, or be no greater than two inches across
the smallest dimension.
c. This standard does not apply:
1. Where the Municipal Engineer agrees that this standard would cause
inadequate hydraulic performance that could not practicably be overcome
by using additional or larger storm drain inlets that meet these standards;
2. Where flows are conveyed through any device (e.g., end of pipe netting
facility, manufactured treatment device, or a catch basin hood) that
is designed, at a minimum, to prevent delivery of all solid and floatable
materials that could not pass through one of the following:
(a)
A rectangular space 4 5/8 inches long and 1 1/2 inches
wide (this option does not apply for outfall netting facilities);
or
(b)
A bar screen having a bar spacing of 0.5 inches.
3. Where flows are conveyed through a trash rack that has parallel bars
with one inch spacing between the bars; or
4. Where the New Jersey Department of Environmental Protection determines,
pursuant to the New Jersey Register of Historic Places Rules at N.J.A.C.
7:4-7.2(c), that action to meet this standard is an undertaking that
constitutes an encroachment or will damage or destroy the New Jersey
Register listed historic property.
[Ord. No. 1682]
This section shall be enforced by the Township Engineer or his
designee, Department of Public Works or the Police Department of the
Township of West Caldwell.
[Ord. No. 1682]
Any person(s) found to be in violation of the provisions of
this section shall be subject to one warning. After the first warning,
the fine for a second violation shall not exceed $250. For each subsequent
violation, the fine shall not exceed $500 per violation.
[Ord. No. 1682]
Each section, subsection, sentence, clause and phrase of this
section is declared to be an independent section, subsection, sentence,
clause and phrase, and the finding or holding of any such portion
of this section to be unconstitutional, void, or ineffective for any
cause, or reason, shall not affect any other portion of this section.
[Ord. No. 1682]
This section shall take effect immediately upon publication
and passage in accordance with law.
[Ordinance No. 1682 was adopted July 6, 2010.]
[Ord. No. 1683]
The purpose of this section is 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 storm sewer system(s) operated
by the Township of West Caldwell 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.
[Ord. No. 1683]
For the purpose of this section, the following terms, phrases,
words, and their derivations shall have the meanings stated herein
unless their use in the text of this section clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
Shall mean a conveyance or system of conveyances (including
roads with drainage systems, municipal streets, catch basins, curbs,
gutters, ditches, manmade channels, or storm drains) that is owned
or operated by the Township of West Caldwell or other public body,
and is designed and used for collecting and conveying stormwater.
PERSON
Shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this state subject
to municipal jurisdiction.
REFUSE CONTAINER
Shall mean any waste container that a person controls whether
owned, leased, or operated, including dumpsters, trash cans, garbage
pails, and plastic trash bags.
STORMWATER
Shall mean 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.
WATERS OF THE STATE
Shall mean the ocean and its estuaries, all springs, streams
and bodies of surface or ground water, whether natural or artificial,
within the boundaries of the State of New Jersey or subject to its
estuaries.
[Ord. No. 1683]
Any person who controls, whether owned, leased, or operated,
a refuse container or dumpster must ensure that such container or
dumpster is covered at all times and shall prevent refuse from spilling
out or overflowing.
Any person who owns, leases or otherwise uses a refuse container
or dumpster must ensure that such container or dumpster does not leak
or otherwise discharge liquids, semi-liquids or solids to the municipal
separate storm sewer system(s) operated by the Township of West Caldwell.
[Ord. No. 1683]
This section shall be enforced by the Township Engineer or his
designee, Department of Public Works, or the Police Department of
the Township of West Caldwell.
[Ord. No. 1683]
Any person(s) found to be in violation of the provisions of
this section shall be subject to one warning. After the first warning,
the fine for a second violation shall not exceed $250. For each subsequent
violation, the fine shall not exceed $500 per violation.
[Ord. No. 1683]
Each section, subsection, sentence, clause and phrase of this
section is declared to be an independent section, subsection, sentence,
clause and phrase, and the finding or holding of any such portion
of this section to be unconstitutional, void, or ineffective for any
cause, or reason, shall not affect any other portion of this section.
[Ord. No. 1683]
This section shall be in full force and effect from and after
its adoption and any publication as may be required by law.
[Ordinance No. 1683 was adopted July 6, 2010]
[Ord. No. 1798-2017]
For the purposes of this section, the words and phrases used herein have the same meaning as defined in Sections
21A-2 and
21A-15.2, unless the use in the text of this section clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future; and words used in the plural number include the singular, and vice versa. The definitions in the sections above are the same or are based on the corresponding definitions in the New Jersey Pollution Discharge Elimination System (NJPDES) rules at N.J.A.C. 7:14a-1.2. If the definitions contained in Sections
21A-2 and
21A-15.2 are different than those in the NJPDES rules, the definitions contained in the NJPDES rules control.
[Ord. No. 1798-2017]
Stormwater runoff resulting from new residential construction
shall be transported to dry wells for recharge of groundwater resources.
Stormwater that flows off buildings or structures shall be collected
in gutters and piped to the dry well. Runoff from pool decks, patios
and courts or other impervious surfaces shall be collected in stone
trenches or yard drain inlet structures and piped to the dry well;
provided, however, that residential additions, accessory structures
or impervious surface of less than 600 square feet and all driveways
shall be exempt herefrom.
a. Dry wells shall have the capacity to temporarily store a volume of
water equal to 2.5 inches of runoff from the roof or impervious surfaces.
Approximately one 1,000 gallon dry well shall be required for each
600 square feet of roof area or imperious surface (Alternatively,
the capacity of the dry wells may be determined by routing calculations
of a two-year twenty-four-hour storm through the dry well system,
taking into account soil infiltration and permeability, water table
depth and dry well capacity).
b. Dry wells shall be constructed of precast concrete seepage pits surrounded
by a minimum of six inches of 3/4 inch clean crushed stone. The seepage
pit shall be placed on a bed of gravel not less than four inches deep
at the bottom of the excavation.
c. All applications shall include calculations and details to show compliance
with paragraph b above. The dry well installation, including pipe
system, shall be inspected by the township prior to backfilling the
trenches and dry wells. An as-built plan of the dry well system shall
be submitted to the township prior to the issuance of a certificate
of occupancy.
[Ord. No. 1798-2017]
This section shall be enforced by the Township Engineer and
such other municipal personnel as the Engineer shall designate.
[Ord. No. 1798-2017]
Any person who is found to be in violation of the provisions
of this section shall be subject to a fine of not less than $100 and
not more than $1,250, or imprisonment for not more than 90 days or
both. A separate offense shall be deemed to be committed on each day
on which a violation occurs or is continued.