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. 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 section.
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
Means 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
A.
Means an individual "development," as well as multiple developments
that individually or collectively result in:
(1)
The disturbance of one or more acres of land since February
2, 2004;
(2)
The creation of 1/4 acre or more of "regulated impervious surface"
since February 2, 2004;
(3)
The creation of 1/4 acre or more of "regulated motor vehicle
surface" since March 2, 2021; or
(4)
A combination of Paragraphs A(2) and (3) above that totals an
area of one-quarter acre or more. The same surface shall not be counted
twice when determining if the combination area equals one-quarter
acre or more.
B.
Major development includes all developments that are part of
a common plan of development or sale (for example, phased residential
development) that collectively or individually meet any one or more
of Paragraph A(1), (2), (3) or (4) above. Projects undertaken by any
government agency that otherwise meet the definition of "major development"
but which do not require approval under the Municipal Land Use Law,
N.J.S.A. 40:55D-1 et seq., are also considered "major development."
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.
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.
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 section. 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 section. Alternative stormwater management measures, removal rates, or calculation methods may be utilized, subject to any limitations specified in this section, provided the design engineer demonstrates to the municipality, in accordance with §
18-1.4G 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 section.
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
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.
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.
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.
This section is intended to prohibit the spilling, dumping,
or disposal of materials other than stormwater in the municipal separate
storm sewer system (MS4) operated by the Borough of Mantoloking, so
as to protect the public health, safety and welfare, and to prescribe
penalties for the failure to comply.
As used in this section:
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, man-made channels, or storm drains) that is owned
or operated by the Borough of Mantoloking 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.
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.
The spilling, dumping, or disposal of materials other than stormwater
to the municipal separate storm sewer system operated by the Borough
of Mantoloking is prohibited. The spilling, dumping, or disposal of
materials other than stormwater in such a manner as to cause the discharge
of pollutants to the municipal separate storm sewer system is also
prohibited.
This section shall be enforced by the Police Department of the
Borough of Mantoloking.
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 Borough
of Mantoloking so as to protect public health, safety and welfare,
and to prescribe penalties for the failure to comply.
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, man-made channels, or storm drains) that is owned
or operated by the Borough of Mantoloking 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
jurisdiction.
No person in control of private property (except a residential
lot with one (1) 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
18-3.4 below prior to the completion of the project.
Storm drain inlets identified in Subsection
18-3.3 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
18-3.4C 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 (7.0) square inches, or is no greater
than 0.5 inches across the smallest dimension. Examples of grates
subject to this standard include grates in grate inlets, the grate
portion (non-curb-opening portion) of combination inlets, grates on
storm sewer manholes, ditch grates, trench grates, and grates of spacer
bars in slotted drains. Examples of ground surfaces include surfaces
of roads (including bridges), driveways, parking areas, bikeways,
plazas, sidewalks, lawns, fields, open channels, and stormwater basin
floors.
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
(7.0) square inches, or be no greater than two (2.0) 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 four and five-eighths (4 5/8) inches long and
one and one-half (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 (1) 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.
This section shall be enforced by the Municipal Engineer and/or
the Land Use Official of the Borough of Mantoloking.
This section is intended to prohibit illicit connections to
the municipal separate storm sewer system(s) operated by the Borough
of Mantoloking so as to protect public health, safety and welfare,
and to prescribe penalties for failure to comply.
The definitions below are the same as or based on corresponding
definitions in the New Jersey Pollutant Discharge Elimination System
(NJDES) Rules at N.J.A.C. 7:14A-1.2.
DOMESTIC SEWAGE
Shall mean water and wastewater from humans or household
operations.
ILLICIT CONNECTION
Shall mean any physical or nonphysical connection that discharges
domestic sewage, non-contact cooling water, process wastewater, or
other industrial water (other than stormwater) to the municipal separate
storm sewer system operated by the Borough of Mantoloking, unless
that discharge is authorized under NJPDES permit other than a Tier
A. Municipal Stormwater General Permit (NJPDES Permit Number NJ0141852).
Nonphysical connections may include, but are not limited to, leaks,
flows or overflows into the municipal separate storm sewer system.
INDUSTRIAL WASTE
Shall mean non-domestic waste, including, but not limited
to, those pollutants regulated under Section 307(a), (b), or (c) of
the Federal Clean Water Act [33 U.S.C. § 1317(a), (b), or
(c)].
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, man-made channels, or storm drains) that is owned
or operated by the Borough of Mantoloking or other public body, and
is designed and used for collecting and conveying stormwater.
NJPDES PERMIT
Shall mean a permit issued by the New Jersey Department of
Environmental Protection to implement the New Jersey Pollutant Discharge
Elimination System (NJPDES) rules at N.J.A.C. 7:14A.
NON-CONTACT COOLING WATER
Shall mean water used to reduce temperature for the purpose
of cooling. Such waters do not come into direct contact with any raw
material, intermediate product (other than heat), or finished product.
Non-contact cooling water may, however, contain algaecides, or biocides
to control fouling of equipment such as heat exchangers, and/or corrosion
inhibitors.
PERSON
Shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
PROCESS WASTEWATER
Shall mean any water which, during manufacturing or processing,
comes into direct contact with or results from the production or use
of any raw material, intermediate product, finished product, by-product,
or waste product. Process wastewater includes, but is not limited
to, leachate and cooling water other than non-contact cooling water.
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.
No person shall discharge or cause to be discharged through
an illicit connection to the municipal separate storm sewer system
operated by the Borough of Mantoloking, any domestic sewage, non-contact
cooling water, process wastewater, or other industrial waste (other
than stormwater).
This section shall be enforced by the Engineer of the Borough
of Mantoloking.
Notwithstanding any other section of this Chapter or any other
ordinance, the maximum penalty for violating any provision of this
Chapter shall be, in the discretion of the Court, a fine of up to
two thousand dollars ($2,000.00) and/or imprisonment for a period
of up to ninety (90) days and/or a period of community service not
exceeding ninety (90) days.