It is the purpose of this Article to establish minimum stormwater
management requirements and controls in accordance with N.J.S.A. 40:55D-93
et seq. and N.J.A.C. 7:8, i.e.:
A.
To reduce artificially induced flood damage to public health, life,
and property;
B.
To minimize increased storm water runoff from any new land development
where such runoff will increase flood damage;
C.
To maintain the adequacy of existing and proposed culverts and bridges,
dams and other structures;
D.
To induce water recharge where natural storage and geologically favorable
conditions exist where practical;
E.
To prevent, to the greatest extent feasible, an increase in nonpoint
source pollution;
F.
To maintain the integrity of stream channels for their biological
functions, as well as for drainage and other purposes;
G.
To reduce the impact of development upon downstream erosion;
H.
To reduce erosion from any development or construction project;
I.
To minimize the increase in pollutants in runoff due to land development,
which otherwise would degrade the quality of water and may render
it both unfit for human consumption and detrimental to biological
life; and
J.
To preserve and protect water supply facilities and water resources
by means of controlling increased flood discharges, stream erosion,
and runoff pollution.
A.
No application for development shall be accepted for filing unless
the same includes sufficient information to carry out the intent and
purpose of this Article and a stormwater management plan as herein
provided is presented.
B.
No land area within the Township shall be developed so that:
1.
The rate of storm water runoff occurring in the area is increased
over what occurs there under existing conditions.
2.
The drainage of adjacent areas is adversely affected.
3.
Soil absorption and ground water recharge capacity of the area
is decreased below what occurs there under existing conditions.
4.
The natural drainage pattern of the area is significantly altered.
C.
The Engineering Department shall administer the provisions of this
section and it shall be charged with the duty of promulgating regulations
to effectuate the intent of this section, including, among others,
runoff control standards, runoff control details, and design of storm
water detention facilities.
Development approvals issued pursuant to this Article are to
be considered an integral part of development approvals under the
subdivision and site plan review process 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 article.
In their interpretation and application, the provisions of this Article
shall be held to be the minimum requirements for the promotion of
the public health, safety, and general welfare. This section is not
intended to interfere with, abrogate, or annul any other ordinances,
rule or regulation, statute, or other provision of law. Where any
provision of this Article imposes restriction different from those
imposed by any other article, rule or regulation, or other provision
of law, whichever provisions are more restrictive or impose higher
standards shall control.
Each proposed project not exempted from the implementation of
this Article shall meet the following stormwater management standards.
A.
Flood and erosion control.
1.
The flood and erosion control standards for detention will require
that volumes and rates be controlled so that after development the
site will generate no greater peak runoff from the site than prior
to development, for a two-, ten-, and 100-year storm considered individually.
2.
These design storms shall be defined as either a twenty-four-hour
storm using the Type III rainfall distribution recommended by the
U.S. Soil Conservation Service when using U.S. Soil Conservation Service
procedures, (such as U.S. Soil Conservation Service, "Urban Hydrology
for Small Watersheds", Technical Release No. 55) or as the estimated
time of concentration of runoff at the site when using a design method
such as the modified Rational Method.
3.
For purposes of computing runoff, all undeveloped or unpaved
lands (e.g., cultivated, pasture, wooded or grassy) in the site shall
be assumed, prior to development, to be in good hydrologic condition,
regardless of conditions existing at the time of computation. For
lands to be considered cultivated, they shall have been used for such
purposes uninterruptedly for a period of at least seven of the last
10 years prior to the time of computation. If such uninterrupted use
has not occurred or cannot be satisfactorily documented, woods shall
be assumed to be the predeveloped land condition of the undeveloped
or unpaved lands.
4.
Any major agricultural development as defined in the Article
shall be submitted to the local Soil Conservation District for review
and comment in accordance with this Article and any Soil Conservation
District guidelines. Approval of such stormwater control measures
will be conditioned upon a positive approval of the Somerset County
Soil Conservation District.
5.
Soil erosion and sediment control shall be provided in accordance
with Standards for Soil Erosion and Sediment Control promulgated by
the State Soil Conservation Committee pursuant to N.J.A.C. 4:24-42
administered by the Somerset County Soil Conservation District.
B.
Water quality control. In order to provide sediment transport and
particulate contaminant pollution control from stormwater runoff,
all site development stormwater management plans must provide for
the control of a water quality design storm. The water quality design
storm shall be defined as either the one-year frequency, twenty-four-hour
storm using the Type III rainfall distribution recommended for New
Jersey by the U.S. Soil Conservation Service or a storm of 1.25 inches
of rainfall falling uniformly in two hours.
The water quality design storm shall be controlled by one of
the following practices:
1.
The water quality requirement for detention will require prolonged
detention of the runoff from the water quality design storm. Provisions
shall be made for it to be retained and released so as to evacuate
90% of the design storm stormwater runoff to the basin in 18 hours
in the case of residential development and 36 hours in the case of
all other developments. The detention time shall be considered a drawdown
time of the elected water quality design storm and, therefore, shall
begin at the time of peak storage of that storm. Drawdown time means
that the time for a detention basin to translate from a peak storage
condition for the water quality design storm (maximum detention basin
stage for that storm) to a time at which 90% of the volume of design
storm runoff stored has evacuated through the basin. Evacuation shall
be a gradual translation. If the above requirement would result in
the flow outlet smaller than three inches in diameter, the period
of detention shall be waived so that three inches will be the minimum
outlet size used. In the case of wet detention/retention basins, the
permanent storage water shall not be included in the analysis.
2.
Where soils have sufficient permeability, the production of
zero runoff from the site under conditions of the 1.25 inch water
quality storm will be considered sufficient to meet the water quality
requirement for residential developments, provided that the seasonal
high ground water does not rise to within two feet of the bottom of
the detention facility. However, an infiltration device cannot be
applied on sites where subsurface conditions allow for rapid infiltration.
For other than residential development, approvals will be on a case-by-case
basis after technical review by the designated authority. The object
of this review will be to avoid the potential for contamination of
ground water. Other technology may be substituted pursuant to this
Article.
C.
Drainage design. Lots, buildings and parking areas shall be graded
to secure and assure proper drainage away from buildings. The land
shall be so graded, paved areas so pitched and storm drains and catch
basins so located as to provide rapid runoff of storm waters and to
avoid undue accumulations of water disturbing to occupants, under
the normal range of weather conditions.
1.
Plans for drainage improvements shall show the full area included
within the proposed drainage limits, including lands outside the tract;
present and future land use and approximate average slope of the drainage
basin; the profile and rate of gradient; location and size of proposed
storm drain, etc.; and show all existing storm design requirements
for storm sewers shall be based on a sewer size of sufficient capacity
to carry the runoff for a storm frequency period of 25 years with
the land use fully developed. The rational method may be used to determine
quantity of runoff.
The gradients of the storm sewers shall be set to provide minimum
velocities of 3 fps and maximum velocities of 15 fps. The pipe size
determined to be adequate for the runoff computed shall be increased
by at least one standard pipe size for the type of pipe being used
in order to provide adequate allowance for the normal accumulation
of sediment and debris in the storm drainage system. In no case shall
the pipe size in a surface water drainage system be less than 15 inches
in diameter.
2.
Any structure for enclosing, damming or bridging a natural stream
shall comply with the most recent edition of the N.J.A.C. 7:8-1.1.
3.
All storm drains, manholes, headwalls and other appurtenances
shall be constructed in conformance with the most recent edition of
the NJDOT Standards and Specifications for Road and Bridge Construction,
1989, Section 602.
4.
Street catch basins shall be located at all street intersections
and with inlets on both sides of the street at intervals of not more
than 400 feet or such shorter distances as required to prevent the
flow of subsurface water from exceeding 4.0 cubic feet per second
at the catch basin inlet. Access manholes shall be placed at a maximum
300-foot intervals throughout the system and at pipe junctions where
there are no catch basins.
5.
Storm drain pipes running longitudinally along streets shall
not be located under curbing or sidewalks.
6.
For both major and minor developments, blocks and lots shall
be graded to secure proper drainage away from all buildings and to
prevent the collection of stormwater from any lot to adjacent lots.
7.
In subdivisions, detention basins should be designed to accomplish
its designed purpose. The Township shall have the right to accept
the detention basin upon completion for maintenance and repair. If
not accepted by the Township, the maintenance and repair of the basin
shall be the responsibility of all the property owners in the subdivision
served by the detention basin.
8.
Detention and retention basins must have maximum side slope
of not less than 3:1.
D.
In all cases, multiple level outlets or other fully automatic outlets
shall be designed so that peak discharge rates from the development
for the design storms will not be increased from what could occur
if the development were not constructed. Outlet waters shall be discharged
from the development at such locations and velocities as not to cause
additional erosion or additional channels downstream of the development
and shall be in accordance with Standards for Soil Erosion and Sediment
Control administered by the Somerset County Soil Conservation District.
E.
Where the project consists of two phases (I) new construction which
requires provisions of storm drainage under the terms of this Article
and (II) repair or rehabilitation of existing structures and surfaces
which does not result in increasing the extent of impervious areas
or in rendering existing surfaces less pervious, the detention requirements
may be computed on the basis of phase (I) exclusively.
F.
If detention basins or other detention facilities are provided through
which water passes at times other than following rainfall, the Municipal
Engineer shall be consulted concerning design criteria. It will become
necessary for detention requirements to be met, despite the necessity
of passing certain low flows. This applies to all onstream or on-line
detention basins.
G.
Detention basins located in freshwater wetlands may be allowed only
in accordance with the Freshwater Wetlands Protection Act, N.J.S.A.
13:9B-1 et seq., and any rules adopted pursuant thereto.
H.
Any detention facility that impounds water through the use of an
artificial dike, levee or other barrier and raises the water level
five feet or more above the usual mean low water height when measured
from the downstream toe-of-dam to the emergency spillway crest is
classified as a dam and subject to the New Jersey Dam Safety Standards,
N.J.A.C. 7:20. All such dams must be designed, constructed, operated
and maintained in compliance with the rules of N.J.A.C. 7:20.
I.
In many instances, the provision of separate detention facilities
for a number of single sites may be more expensive and more difficult
to maintain than provision or joint regional facilities for a number
of sites. In such cases, the applicant or applicants may seek approval
under this Article of joint regional detention facilities which will
fulfill the requirements of this Article. However, compliance with
this Article must be achieved and may not be postponed.
A.
Stormwater management areas include detention basins, drainage ditches
and swales, and wetlands areas. Sensitively-designed basins and swales
are encouraged to benefit the health, welfare and safety of residents.
Stormwater management areas shall be integrated areas as aesthetic
landscape features, naturalized wetland areas, or active and passive
recreation areas, in addition to their stormwater management function.
1.
Stormwater detention basins and retention basins shall be designed
in an organic configuration to blend into the surrounding landscape
and imitate a natural depression with an irregular edge. Linear, geometric
basins are unacceptable. Low flow channels and swales shall be designed
in a meandering fashion.
2.
Access for maintenance and emergencies shall be maintained.
3.
Shade trees (2-2 1/2 inch caliper) shall be provided within
the upper drier portion of detention basins.
4.
Drainage structures such as headwalls, outlet structures, culverts,
biofilters, etc. shall be screened with wet-site tolerant plants.
5.
Outlet structures and headwalls shall be provided with a stone
or brick veneer when clearly visible from adjoining properties and
streets or clearly visible from units within multi-family developments.
6.
Retaining walls within stormwater basins are encouraged to increase
volume and decrease disturbance to existing vegetation.
7.
Landscaping upon detention and retention emergency overflow
berms are not permitted unless approved by the Township Engineer.
8.
Water aerators shall be provided within retention basins.
9.
One or more of the following alternative landscape concepts
may be used in addition to the above, where required and approved
by the Planning Board:
(a)
Reforestation. This landscape treatment is appropriate for detention
basins and drainage areas that are not highly visible or are adjacent
to areas of mature woodlands or wetlands. It reverts the disturbed
area to a revegetated, stable, low-maintenance, natural landscape
asset over time. Evergreen conifer trees shall be spaced one tree
every 10 feet around the perimeter of the detention basin or as directed
by the Township Engineer. These trees shall be either spruce or hemlock
six feet to seven feet tall at planting time. The trees shall be in
accordance with the American Standards for Nursery Stock, sponsored
by the American Association of Nurserymen, Inc. and approved by the
American National Standards Institute, Inc. and shall be planted in
accordance with good horticultural practice.
(1)
The area shall be graded creatively to blend into
the surrounding landscape and imitate a natural depression with an
irregular edge. This shall include gentle berming. Linear, geometric
basins are unacceptable.
(2)
The quantity of trees to be planted on the interior
of the basins shall be equal to the number of trees that would be
necessary to cover the entire area, based upon a twenty-foot by twenty-foot
grid to the high water line or outflow elevation. Of this number,
10% shall be 2 1/2 to three-inch caliper, 20% shall be one to
two-inch caliper, and 70% shall be six-foot to eight-foot height whips.
(3)
The trees shall be planted in groves spaced five
to 15 feet on center.
(4)
No trees shall be planted within the two-year storm
frequency elevation.
(5)
The ground plane shall be seeded with a naturalization,
wildflower, and/or meadow grass mix approved by the Township Engineer.
Consideration should be given to the use of species indigenous to
the area and/or tolerant of typical wet/dry flood plain conditions.
(6)
Plantings shall not be located within 20 feet of
low flow channels or any other associated detention utilities to allow
for maintenance.
(7)
The perimeter area (slopes above the high water
line) shall include shade trees approximately 80/1,000 linear feet),
evergreen trees (approximately 40/1,000 linear feet), ornamental trees
and shrubs screening drainage structures and creating visual interests.
(8)
Provision for emergency access as well as general
maintenance of the basins shall be reviewed by the Township Engineer.
Plantings shall be designed to disguise yet not hinder vehicular access.
(9)
Plantings are not permitted upon any emergency
overflow berms associated with a detention basin unless approved by
the Township Engineer.
(b)
Recreation/open space feature. This landscape concept is appropriate
in situations where a basin is the largest or only portion of open
space in an area or is adjacent to existing open space and recreation
open space is desired. It is also appropriate for smaller, highly
visible basins where a visually pleasing open space area is desired.
The objective in these situations is to integrate the area into the
landscape using topography and plantings in order to complement the
function of the area and to provide a visually interesting landscape
feature and/or recreation space.
(1)
The area shall be graded creatively to blend into
the surrounding landscape and imitate and natural depression with
an irregular edge. This shall include gentle berming.
(2)
Provide perimeter plantings, including shade trees,
formally or informally, evergreen trees to create and screen views,
and small trees and shrubs to provide a continuous landscape strip
screening drainage structures and creating visual interest.
(3)
Integrate buffer plantings with perimeter plantings
where applicable.
(4)
The following are guidelines for plant quantities:
|
Shade trees
|
80/1,000 linear feet
|
|
Evergreen trees
|
40/1,000 linear feet
|
|
Ornamental trees
|
10/1,000 linear feet
|
|
Shrubs
|
50/1,000 linear feet
|
(5)
To provide recreational open space, concentrate
frequently flooded detention in a basin area (five-year to ten-year
storm volume) and provide a gently sloping, less often flooded, area
(ten-year to 100-year storm volume) as a recreational open field space.
Provide ballfields and/or open space areas integrated with plantings
in a park-like manner.
B.
Specifications for establishing maintenance-free ground cover in
newly constructed detention basins. Groundcover for detention basins
shall be provided in the following manner:
1.
Time for seeding:
(a)
Crownvetch shall be seeded between April 1 and May 31.
(b)
Reed Canarygrass, Myrtle and screening trees shall be seeded
and planted between April 1 and May 31 or between August 15 and October
1.
(c)
Sites which will not be seeded or planted during these time
periods shall be temporarily stabilized with grass and mulched until
the following Spring.
(d)
Stabilization shall be in accordance with Standards for Soil
Erosion and Sediment Control in New Jersey, "Temporary Vegetative
Cover for Soil Stabilization."
2.
Soil testing: Soil must be tested by appropriate methods to
determine the pH value of the soil. All test results must be reviewed
and accepted by the Township Engineer.
3.
Establishment of Crownvetch and Reed Canarygrass:
(a)
Any existing vegetation shall be mowed and cleared, then killed
off using an appropriate herbicide, such as "Round-Up" or equal. Additional
doses shall be applied if and when deemed necessary by the Township
Engineer.
(b)
The area shall be graded in accordance with the plans approved
by the Planning Board.
(c)
The entire surface of the site to be seeded shall have a uniform
layer of topsoil with a minimum of four inches compact thickness.
Additional topsoil shall be provided if and when directed by the Township
Engineer.
(d)
The area shall be fine graded and all undulations shall be removed.
(e)
Agricultural lime, which is dry and free-flowing, shall be evenly
distributed over the area to be seeded as per soil test recommendations.
The soil pH value shall be between 6.5 and 7.0 prior to seeding.
(f)
If the ground cover is going to be hand seeded and not hydroseeded,
5-10-10 fertilizer shall be evenly distributed over the soil at a
rate of 500#/acre or otherwise as determined by the Township Engineer.
(g)
If the area to be seeded is compacted, the soil shall be loosened
to a depth of about 1/2 inch using a power rake or other means approved
by the Township Engineer.
(h)
Seeding shall be done either by hydroseeding or by hand.
4.
Seed mix. Seed mix shall be fresh, clean, certified, new-crop
seed. Crownvetch shall be at least 98% pure. All seed must be approved
by the Township Engineer.
5.
Hydroseeding.
(a)
The hydroseeder shall be a Bowie 3,000 gallon Hydroseeder or
equal. The hydroseeder must maintain a homogeneous slurry by means
of paddle agitators or other approved means. The hydroseeder must
not recirculate the slurry, which causes a reduction in seed viability.
The hydroseeder must be approved for use by the Township Engineer.
(b)
Apply the mixture to designated area.
(c)
The Crownvetch seed shall be inoculated at five times the usual
rate. Use inoculant specifically labeled for Crownvetch.
(d)
The area that can be hydroseeded on one tank load shall be marked
off and measured. Then the tank shall be loaded with the appropriate
amounts of seed and fertilizer to cover that area according to the
following specifications:
|
On the slopes and perimeter: Crownvetch @ 20#/acre
|
|
On the basin floor: Reed Canarygrass @ 20#/acre
|
|
All areas: Perennial Ryegrass @ 20#/acre
|
|
All areas: Fertilizer (10-20-20) @ 300#/acre or as directed
by the Township Engineer.
|
(e)
The limits of the Crownvetch and Reed Canarygrass seeding areas
shall be specified on the approved plans and/or verified by the Township
Engineer.
(f)
Apply the wood fiber mulch and tackifier.
(g)
Mulch shall be Conwee virgin wood fiber mulch, or equal, applied
at a rate of 1,500#/acre. Additional mulch shall be applied if and
when deemed necessary by the Township Engineer. This mulch shall be
natural product made from select wood chips and shall contain no germination
or growth-inhibiting chemicals. The mulch shall be highly absorbent
elongated virgin wood fibers capable of producing a strong yellow-brown
reaction with Graff C Stain for the presence of lignin in accordance
with TAPPI test T401 os-7. The ash content shall not exceed 2.0%.
(h)
The material shall be nontoxic to plants and animals upon contact
and shall contain a green color sufficient enough to differentiate
the material from the ground surface for measurement purposes. It
shall be supplied in a moisture resistant package not exceeding 100
pounds each and marked to show the air dried weight for tank mixing
purposes. Number of bags delivered shall be verified by the Township
Engineer.
(1)
Tackifier shall be Hydro Bond, or equal, which
shall be applied at a rate of 35#/acre. This product shall be scientifically
blended containing natural organic ingredients, hardening and preservative
agents. Viscosity shall be measured at 1% water solution Brookfield
Viscometer #3 Spindle, 20 RPM.
6.
Hand seeding:
(a)
Inoculate the Crownvetch seed at least at twice the usual rate,
using inoculant specifically labeled for Crownvetch.
(b)
Seed shall be broadcast at the following rates:
|
On the slopes and perimeters: Crownvetch @ 30#/acre
|
|
On the basin floor: Reed Canarygrass @ 20#/acre
|
|
All areas: Perennial Ryegrass @ 25#/acre
|
|
All limits of the Crownvetch and Reed Canarygrass seeding areas
shall be specified on the approved plans and/or verified by the Township
Engineer
|
(c)
Seed shall be incorporated into the soil no more than about
1/2 inch deep with the use of a dragmat or other approved means.
(d)
Area shall be covered with weed-free, unrotted salt hay at a
rate of two tons per acre, or 90 pounds per 1,000 square feet.
(e)
The hay shall be anchored either by using a liquid binder, such
as Hydro Bond with a hydroseeder as specified above, or by using erosion
control netting, anchored down as specified by the Township Engineer.
7.
Erosion control on severe slopes:
(a)
Curlex Erosion Control Blankets shall be used on steep slopes
where erosion may present a problem, or as deemed necessary by the
Township Engineer. The blankets shall be Excel-Excelsior Erosion Control
Blankets, as manufactured by PPS Packaging Company, Fowler, CA, or
equal. The blankets shall be made of pure, clean, Colorado Aspen Wood
Excelsior. They shall come in rolls 48 inches wide and 180 feet long,
having a weight of between 0.88 and 1.08 pounds per square yard. The
blankets shall be reinforced with a one inch by two-inch plastic netting.
(b)
The blankets shall overlap by three inches fastened together
with staples. The staples shall be eleven gauge and measure six inches
long and one inch wide. Spacing shall be one staple per five square
feet.
8.
Planting of Myrtle: Myrtle shall be established in areas designated
by the Planning Board approved plans or as specified by the Township
Engineer. Myrtle shall be planted in shady areas where Crownvetch
has little chance of survival.
(a)
Soil preparation.
(1)
Any existing vegetation shall be mowed and cleared,
then killed off using an appropriate herbicide, such as "Round-Up,"
or equal. Additional doses shall be applied if and when deemed necessary
by the Township Engineer.
(2)
The area shall be graded in accordance with the
plans approved by the Planning Board.
(3)
The entire surface of the site to be seeded shall
have a uniform layer of topsoil with a minimum of four inches compacted
thickness. Additional topsoil shall be provided if and when directed
by the Township Engineer.
(4)
The area shall be fine graded and all undulations
removed.
(5)
Agricultural lime, which is dry and free-flowing,
shall be distributed evenly over the site as per soil test recommendations.
(6)
5-10-10 fertilizer shall be spread evenly over
the area to be seeded at a rate of 500#/acre, or as directed by the
Township Engineer.
9.
Follow-up maintenance:
(a)
During periods of little to no rainfall, watering shall be done
every day to maintain moist soils to a depth of at least four inches.
Watering shall continue daily until the ryegrass is fully established
or as directed by the Township Engineer.
(b)
Weeding shall be performed either mechanically or with the use
of chemicals if and when deemed necessary by the Township Engineer.
A.
The goal for the planning and design of a stormwater management facility
is for its operation with the least practical amount of maintenance.
To accomplish this, the facility shall be developed to eliminate avoidable
maintenance tasks, minimize the long term amount of regular maintenance
tasks, and reduce the potential for extensive, difficult, and costly
remedial or emergency maintenance efforts.
B.
Strong, durable, and noncorrodible materials, components, and fasteners
shall be used to reduce required maintenance efforts. These include,
but are not limited to, lightweight noncorrodible metals such as aluminum
for trash racks, orifice plates, and access hatches; hardy, disease
resistant grasses for bottoms and side slopes as prescribed by Soil
Erosion and Sediment Control Standards administered by the Somerset
County Soil Conservation District; reinforced concrete for outlet
structures and inlet headwalls; and gabions for channel and outlet
linings.
C.
Detention facilities shall be designed to minimize propagation of
insects, particularly mosquitoes.
D.
Detention facilities should be designed in a harmonious and attractive
manner.
E.
Detention facility outlets shall be designed to function without
manual, electric or mechanical controls.
Safety measures are to be incorporated in the design of all
stormwater and infiltration control projects. These may include but
not be limited to fencing, warning signs/stadia rod indicating depth
at lowest point, and outlet structures designed to limit public access
and shall be approved by the Township Engineering Department.
A.
There will be no detention basins in the floodway except for those
on-stream.
B.
New development must be in compliance with all applicable regulations
under the Flood Hazard Area Control Act, N.J.S.A. 58:16A-50 et seq.
C.
In addition, new development, including construction of detention
basins, should be avoided in flood plains, but where this is unavoidable,
a special examination to determine adequacy of a proposed detention
facility during extreme storm events shall be required. This examination
is required to determine what effects, if any, the tailwaters created
by the flood plain have on the outflow from and effective storage
within the detention facility. All designs of basins in flood plains,
therefore, should be based upon an accurate and thorough determination
of tailwater effects resulting from runoff from the site and the watershed
contribution to the flood plain.
D.
In cases where detention basins, other than on-stream basins, are
to be built in flood plains and in default of an analysis such as
described above, detention storage provided below the elevation of
the 100-year flood (either specially calculated or taken from an official
State flood plain delineation map) will be credited as effective storage
at a reduced proportion as indicated in Table 1 below:
|
Table 1
Allowable Proportion of Storage to be Assumed Usable in Detention
Basins in the Flood Plain
| |||
|---|---|---|---|
|
Drainage Basin Area at Site
| |||
|
Elevation of storage provided below 100-year flood level
|
Less than 5 sq. mi.
|
5-100 sq. mi.
|
Over 100 sq. mi.
|
|
Less than 2 feet
|
40%
|
65%
|
90%
|
|
2-4 feet
|
25%
|
50%
|
75%
|
|
Over 4 feet
|
10%
|
25%
|
5%
|
E.
This effective detention storage plus any other supplementary measures
will be required to provide for stormwater detention, in accordance
with established standards.
A.
The basic requirements for water quantity and quality control will
be satisfied by means of detention basins and combination of measures
including, but not limited to, rooftop storage, tanks, drywells, or
sheet flow through vegetated areas, with consideration for the appropriateness
of the facility, anticipated length of life, feasibility of continued
maintenance, and environmental impacts (e.g., contamination of ground
water).
B.
Non-structural management practices including, but not limited to,
open space acquisition, stream encroachment and flood hazard controls,
protection of wetlands, steep slopes and vegetation, should be coordinated
with detention requirements. Changes in land use can often reduce
the scope and cost of detention provisions required by means of appropriate
changes in runoff coefficients.
C.
Any proposed alternative to detention basin use shall be approved
by the Township Engineer.
A.
Submission of site development stormwater plan.
1.
Whenever an applicant seeks municipal approval of a development
subject to this Article, the applicant shall submit all of the required
components of the Checklist for the Site Development Stormwater Plan
as part of the submission of the application for subdivision or site
plan approval.
2.
The applicant shall demonstrate that the project meets the standards
set forth in this Article.
3.
The applicant shall submit six copies of the materials listed
in the checklist for site development stormwater plans in accordance
with this Article.
B.
Site development stormwater plan approval. The applicant's Site
Development project shall be reviewed as a part of the subdivision
of site plan review process by the municipal board or official from
which approval is sought. That municipal board or official shall consult
the Township Engineer to determine if all the checklist requirements
have been satisfied and to determine if the project meets the standards
set forth in this Section.
C.
Checklist requirements. The following information shall be required:
1.
Topographic map. The Township Engineer may require upstream
tributary drainage system information as necessary. The topographic
base map of the site shall 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 shall indicate the following: existing surface
water drainage, marshlands and other wetlands, pervious or vegetative
surfaces, existing man-made structures, roads, bearing and distances
of property lines, and significant natural and man-made features not
otherwise shown.
2.
Environmental site analysis. A written and graphic description
of the natural and man-made features of the site and its environs.
This description shall include a discussion of soil conditions, slopes,
wetlands, and vegetation on the site. Particular attention should
be given to unique, unusual, or environmentally sensitive features
and to those that provide particular opportunities or constraints
for development.
3.
Project description and site plan. 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 occur in the natural terrain and cover, including lawns
and other landscaping, seasonal high groundwater elevations. A written
description of the site plan and justification of proposed changes
in natural conditions shall also be provided.
4.
Stormwater management facilities map. The following information,
illustrated on a map of the same scale as the topographic base map,
shall be included:
(a)
Total area to be paved or built upon, proposed
surface contours, estimated 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 surface water.
(b)
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.
5.
Calculations.
(a)
Comprehensive hydrologic and hydraulic design calculations
for the pre-development and post-development conditions for the design
storms specified in this Article.
(b)
When the proposed stormwater management control
measures (e.g., infiltration basins) depend on the hydrologic properties
of soils, then a soils report shall be submitted. The soils report
shall be based on on-site boring logs or soil pit profiles. The number
and location of required soil borings or soil pits shall be determined
based on what is needed to determine the suitability and distribution
of soil types present at the location of the control measure.
6.
Maintenance and repair plan.
(a)
The design and planning of the stormwater management
facility shall meet the objectives of this Chapter.
(b)
Preventative, corrective and aesthetic functional
maintenance procedures shall be detailed which ensure the continuation
of the intended function of the facility.
(c)
Maintenance and repair plans for stormwater management
facilities shall identify the parts or components of the facility
that need to be maintained, and when repairs are required the equipment
and skills or training necessary. Plans for stormwater management
facilities shall detail the accessibility of maintenance personnel
and equipment. Costs and sources of funds shall be identified when
possible.
(d)
A schedule shall be developed of when and how often
maintenance will occur to maintain proper function of the stormwater
management facility. To reduce the potential for extensive, difficult,
and costly remedial or emergency maintenance efforts, the schedule
of maintenance activities shall include inspections to ensure proper
performance of the facility between scheduled cleanouts.
(e)
Where a stormwater management facility is used
for sediment control during construction, a debris and sediment disposal
site shall be confirmed before the facility is constructed. The disposal
site may or may not be at the site of the proposed development. The
responsible party shall demonstrate that he or she is capable of financing
the removal and disposal of debris and sediment before the facility
is operating. Disposal site(s) shall be included in the Soil Erosion
and Sediment Control Plan and certified by the Somerset County Soil
Conservation District.
(f)
Provisions for periodic review and evaluations
to determine the overall effectiveness of the maintenance program
and the need for revised or additional maintenance procedures, personnel,
and equipment shall be included in the facilities maintenance and
repair plan.
(g)
Waiver from submission requirements The municipal
official or board reviewing an application under this Article may,
in consultation with the Township Engineer, waive submission of any
of the requirements of subsection 12-1.10 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.
Projects subject to review in this Article shall comply with
the following requirements:
A.
Responsibility for continued maintenance, repair and safety.
1.
The requirements of this section do not apply to stormwater
management facilities that are dedicated to and accepted by the municipality
or another governmental agency. Responsibility for operation and maintenance
of stormwater management facilities, including periodic removal and
disposal of accumulated particulate material and debris, shall remain
with the property owner, unless assumed by a governmental agency,
with permanent arrangements that it shall pass to any successor or
owner. If portions of the land are to be sold, legally binding arrangements
shall be made to pass the basic responsibility to successors in title.
These arrangements shall designate for each project the property owner,
governmental agency, or other legally established entity to be permanently
responsible for inspection and maintenance, hereinafter in this section
referred to as the responsible person.
2.
Prior to granting approval or as a condition of final subdivision
or site plan approval to any project subject to review under this
article, the applicant shall enter into an agreement with the municipality
to ensure the operation and maintenance of the stormwater management
facility. In cases where property is subdivided and sold separately,
a homeowners' association or similar permanent entity shall be established
as the responsible person, absent an agreement by a governmental agency
to assume responsibility. It shall be demonstrated to the municipality
that a proposed new responsible entity has the capability to complete
and finance necessary maintenance. A two-year maintenance guarantee
shall be posted for all private stormwater management facilities in
accordance with N.J.S.A. 40:55D-53.
3.
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, 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.
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.
B.
Continued maintenance and repair procedures.
1.
Preventative maintenance procedures are required to maintain
the intended operation and safe condition of the stormwater management
facility by greatly reducing the occurrence of problems and malfunctions.
To be effective, preventative maintenance shall be performed on a
regular basis and include such routine procedures as training of staff,
periodic inspections, grass cutting and fertilizing, silt and debris
removal and disposal, upkeep of moving parts, elimination of mosquito
breeding habitats, pond maintenance, and review of maintenance and
inspection work to identify where the maintenance program could be
more effective.
2.
Corrective maintenance procedures are required to correct a
problem or malfunction at a stormwater management facility and to
restore the facility's intended operation and safe condition. Based
upon the severity of the problem, corrective maintenance must be performed
on an as-needed or emergency basis and include such procedures as
structural repairs, mosquito extermination, removal of debris, sediment
and trash removal which threaten discharge capacity, erosion repair,
snow and ice removal, fence repair and restoration of vegetated and
non-vegetated linings.
[1]
Editor's Note: Prior ordinance history includes portions of
Ord. No. 2006-1020.
[Added 2-22-2021 by Ord.
No. 2021-1404; amended 6-14-2021 by Ord. No. 2021-1411]
A.
Policy Statement. Flood control, groundwater recharge, and pollutant
reduction shall be achieved through the use of stormwater management
measures, including green infrastructure Best Management Practices
(GI BMPs) 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.
B.
Purpose. The purpose of this ordinance is to establish minimum stormwater
management requirements and controls for "major development," as defined
below in Section 12-2.2.
C.
D.
Compatibility with Other Permit and Ordinance Requirements.
1.
Development approvals issued pursuant to this ordinance are
to be considered an integral part of development approvals and do
not relieve the applicant of the responsibility to secure required
permits or approvals for activities regulated by any other applicable
code, rule, act, or ordinance. In their interpretation and application,
the provisions of this ordinance shall be held to be the minimum requirements
for the promotion of the public health, safety, and general welfare.
2.
This ordinance is not intended to interfere with, abrogate,
or annul any other ordinances, rule or regulation, statute, or other
provision of law except that, where any provision of this ordinance
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 2-22-2021 by Ord.
No. 2021-1404; amended 6-14-2021 by Ord. No. 2021-1411]
For the purpose of this ordinance, 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.
Means those areas with boundaries incorporated by reference
or revised by the Department in accordance with N.J.A.C. 7:7-13.16.
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).
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.
Means the increase in soil bulk density.
Means the area from which stormwater runoff drains to a stormwater
management measure, not including the area of the stormwater management
measure itself.
Means a pedestrian-oriented area of commercial and civic
uses serving the surrounding municipality, generally including housing
and access to public transportation.
Means an agency designated by the County Board of Chosen
Freeholders to review municipal stormwater management plans and implementing
ordinance(s). The county review agency may either be:
Means the Department of Environmental Protection.
Means a State Development and Redevelopment Plan Center as
designated by the State Planning Commission such as urban, regional,
town, village, or hamlet.
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.
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.
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.
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.
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.
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.
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.
Means the detachment and movement of soil or rock fragments
by water, wind, ice, or gravity.
Means a stormwater management measure that manages stormwater
close to its source by:
Means an area within which water drains to a particular receiving
surface water body, also known as a subwatershed, which is identified
by a 14-digit hydrologic unit boundary designation, delineated within
New Jersey by the United States Geological Survey.
Means a surface that has been covered with a layer of material
so that it is highly resistant to infiltration by water.
Is the process by which water seeps into the soil from precipitation.
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.
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;
The creation of one-quarter acre or more of "regulated impervious
surface" since February 2, 2004;
The creation of one-quarter acre or more of "regulated motor
vehicle surface" since March 2, 2021; or
A combination of 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.
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 paragraphs 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."
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.
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.
Means any city, borough, town, township, or village.
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 Section 12-2.4.F. of this ordinance 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.
Means an area designated by the State Planning Commission
concentrating facilities and activities which are not organized in
a compact form.
Means a chemical element or compound, such as nitrogen or
phosphorus, which is essential to and promotes the development of
organisms.
Means any individual, corporation, company, partnership,
firm, association, political subdivision of this State and any state,
interstate or Federal agency.
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.
Means the amount of water from precipitation that infiltrates
into the ground and is not evapotranspired.
Means any of the following, alone or in combination:
A net increase of impervious surface;
The total area of impervious surface collected by a new stormwater
conveyance system (for the purpose of this definition, a "new stormwater
conveyance system" is a stormwater conveyance system that is constructed
where one did not exist immediately prior to its construction or an
existing system for which a new discharge location is created);
The total area of impervious surface proposed to be newly collected
by an existing stormwater conveyance system; and/or
The total area of impervious surface collected by an existing
stormwater conveyance system where the capacity of that conveyance
system is increased.
Means any of the following, alone or in combination:
The total area of motor vehicle surface that is currently receiving
water;
A net increase in motor vehicle surface; and/or quality treatment
either by vegetation or soil, by an existing stormwater management
measure, or by treatment at a wastewater treatment plant, where the
water quality treatment will be modified or removed.
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.
Means the lot or lots upon which a major development is to
occur or has occurred.
Means all unconsolidated mineral and organic material of
any origin.
Means an area delineated on the State Plan Policy Map and
adopted by the State Planning Commission that is intended to be the
focus for much of the State's future redevelopment and revitalization
efforts.
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.
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.
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).
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.
Means water flow on the surface of the ground or in storm
sewers, resulting from precipitation.
Means a public body authorized by legislation to prepare
stormwater management plans.
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.
Means a flood hazard area in which the flood elevation resulting
from the two-, 10-, 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.
Means a neighborhood given priority access to State resources
through the New Jersey Redevelopment Authority.
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.
Is defined as previously developed portions of areas:
Means a structure within, or adjacent to, a water, which
intentionally or coincidentally alters the hydraulic capacity, the
flood elevation resulting from the two-, 10-, 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.
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.
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 2-22-2021 by Ord.
No. 2021-1404; amended 6-14-2021 by Ord. No. 2021-1411]
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 this ordinance 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 2-22-2021 by Ord.
No. 2021-1404; amended 6-14-2021 by Ord. No. 2021-1411]
A.
The development shall incorporate a maintenance plan for the stormwater
management measures incorporated into the design of a major development
in accordance with Section 12-2.10.
B.
Stormwater management measures shall avoid adverse impacts of concentrated
flow on habitat for threatened and endangered species as documented
in the Department's Landscape Project or Natural Heritage Database
established under N.J.S.A. 13:1B-15.147 through 15.150, particularly
Helonias bullata (swamp pink) and/or Clemmys muhlnebergi (bog turtle).
C.
The following linear development projects are exempt from the groundwater
recharge, stormwater runoff quality, and stormwater runoff quantity
requirements of Section 12-2.4.P, Q and R:
1.
The construction of an underground utility line provided that
the disturbed areas are revegetated upon completion;
2.
The construction of an aboveground utility line provided that
the existing conditions are maintained to the maximum extent practicable;
and
3.
The construction of a public pedestrian access, such as a sidewalk
or trail with a maximum width of 14 feet, provided that the access
is made of permeable material.
D.
A waiver from strict compliance from the green infrastructure, groundwater
recharge, stormwater runoff quality, and stormwater runoff quantity
requirements of Section 12-2.4.O, P, Q and R may be obtained for the
enlargement of an existing public roadway or railroad; or the construction
or enlargement of a public pedestrian access, provided that the following
conditions are met:
1.
The applicant demonstrates that there is a public need for the
project that cannot be accomplished by any other means;
2.
The applicant demonstrates through an alternatives analysis,
that through the use of stormwater management measures, the option
selected complies with the requirements of Section 12-2.4.O, P, Q
and R to the maximum extent practicable;
3.
The applicant demonstrates that, in order to meet the requirements
of Section 12-2.4.O, P, Q and R, existing structures currently in
use, such as homes and buildings, would need to be condemned; and
4.
The applicant demonstrates that it does not own or have other
rights to areas, including the potential to obtain through condemnation
lands not falling under Section 12-2.4.D.3 within the upstream drainage
area of the receiving stream, that would provide additional opportunities
to mitigate the requirements of Section 12-2.4.O, P, Q and R that
were not achievable onsite.
E.
Tables 1 through 3 below summarize the ability of stormwater best
management practices identified and described in the New Jersey Stormwater
Best Management Practices Manual to satisfy the green infrastructure,
groundwater recharge, stormwater runoff quality and stormwater runoff
quantity standards specified in Section 12-2.4.O, P, Q and R. When
designed in accordance with the most current version of the New Jersey
Stormwater Best Management Practices Manual, the stormwater management
measures found at N.J.A.C. 7:8-5.2(f) Tables 5-1, 5-2 and 5-3 and
listed below in Tables 1, 2 and 3 are presumed to be capable of providing
stormwater controls for the design and performance standards as outlined
in the tables below. Upon amendments of the New Jersey Stormwater
Best Management Practices to reflect additions or deletions of BMPs
meeting these standards, or changes in the presumed performance of
BMPs designed in accordance with the New Jersey Stormwater BMP Manual,
the Department shall publish in the New Jersey Registers a notice
of administrative change revising the applicable table. The most current
version of the BMP Manual can be found on the Department's website
at: https://njstormwater.org/bmp_manual2.htm.
F.
Where the BMP tables in the NJ Stormwater Management Rule are different
due to updates or amendments with the tables in this ordinance 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 corresponding to annotations (a) through (g) are found on Page 13[1])
|
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 corresponding to annotations (b) through (d) are found on Page 13[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 to Tables 1, 2, and 3:
| |
|
(a)
|
subject to the applicable contributory drainage area limitation
specified at Section 12-2.4.O.2;
|
|
(b)
|
designed to infiltrate into the subsoil;
|
|
(c)
|
designed with underdrains;
|
|
(d)
|
designed to maintain at least a 10-foot wide area of native
vegetation along at least 50 percent 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 two percent;
|
|
(g)
|
manufactured treatment devices that meet the definition of green
infrastructure at Section 12-2.2;
|
|
(h)
|
manufactured treatment devices that do not meet the definition
of green infrastructure at Section 12-2.2.
|
G.
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 Section 12-2.6.B.
Alternative stormwater management measures may be used to satisfy
the requirements at Section 12-2.4.O only if the measures meet the
definition of green infrastructure at Section 12-2.2. Alternative
stormwater management measures that function in a similar manner to
a BMP listed at Section 12-2.4.O.2 are subject to the contributory
drainage area limitation specified at Section 12-2.4.O.2 for that
similarly functioning BMP. Alternative stormwater management measures
approved in accordance with this subsection that do not function in
a similar manner to any BMP listed at Section 12-2.4.O.2 shall have
a contributory drainage area less than or equal to 2.5 acres, except
for alternative stormwater management measures that function similarly
to cisterns, grass swales, green roofs, standard constructed wetlands,
vegetative filter strips, and wet ponds, which are not subject to
a contributory drainage area limitation. Alternative measures that
function similarly to standard constructed wetlands or wet ponds shall
not be used for compliance with the stormwater runoff quality standard
unless a variance in accordance with N.J.A.C. 7:8-4.6 or a waiver
from strict compliance in accordance with Section 12-2.4.D is granted
from Section 12-2.4.O.
H.
Whenever the stormwater management design includes one or more BMPs
that will infiltrate stormwater into subsoil, the design engineer
shall assess the hydraulic impact on the groundwater table and design
the site, so as to avoid adverse hydraulic impacts. Potential adverse
hydraulic impacts include, but are not limited to, exacerbating a
naturally or seasonally high water table, so as to cause surficial
ponding, flooding of basements, or interference with the proper operation
of subsurface sewage disposal systems or other subsurface structures
within the zone of influence of the groundwater mound, or interference
with the proper functioning of the stormwater management measure itself.
I.
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 Section
12-2.8.C;
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 Section 12-2.8;
and
5.
The size of the orifice at the intake to the outlet from the
stormwater management BMP shall be a minimum of two and one-half inches
in diameter.
J.
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 Section 12-2.2 may be used
only under the circumstances described at Section 12-2.4.O.4.
K.
Any application for a new agricultural development that meets the
definition of major development at Section 12-2.2 shall be submitted
to the Soil Conservation District for review and approval in accordance
with the requirements at Sections 12-2.4.O, P, Q and R and any applicable
Soil Conservation District guidelines for stormwater runoff quantity
and erosion control. For purposes of this subsection, "agricultural
development" means land uses normally associated with the production
of food, fiber, and livestock for sale. Such uses do not include the
development of land for the processing or sale of food and the manufacture
of agriculturally related products.
L.
If there is more than one drainage area, the groundwater recharge,
stormwater runoff quality, and stormwater runoff quantity standards
at Section 12-2.4.P, Q and R 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.
M.
Any stormwater management measure authorized under the municipal
stormwater management plan or ordinance shall be reflected in a deed
notice recorded in the Office of the Somerset County Clerk in which
the development, project, project site, or mitigation area containing
the stormwater management measure is located, as appropriate, to the
municipality.
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 Section 12-2.4.O, P, Q and R 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 Section 12-2.5.B.5.
Prior to the commencement of construction, proof that the above required
deed notice has been filed shall be submitted to the municipality.
Proof that the required information has been recorded on the deed
shall be in the form of either a copy of the complete recorded document
or a receipt from the clerk or other proof of recordation provided
by the recording office. However, if the initial proof provided to
the municipality is not a copy of the complete recorded document,
a copy of the complete recorded document shall be provided to the
municipality within 180 calendar days of the authorization granted
by the municipality.
N.
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 Section 12-2.4 of this ordinance 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
Office of the Somerset 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 Section 12-2.4.M 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 Section 12-2.4.M above.
O.
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 Section 12-2.4.P and Q, the design engineer shall utilize
green infrastructure BMPs identified in Table 1 at Section 12-2.4.F.
and/or an alternative stormwater management measure approved in accordance
with Section 12-2.4.G. 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 Section
12-2.4.R, the design engineer shall utilize BMPs from Table 1 or from
Table 2 and/or an alternative stormwater management measure approved
in accordance with Section 12-2.4.G.
4.
If a variance in accordance with N.J.A.C. 7:8-4.6 or a waiver
from strict compliance in accordance with Section 12-2.4.D 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 Section 12-2.4.G may be used to meet the groundwater
recharge, stormwater runoff quality, and stormwater runoff quantity
standards at Section 12-2.4.P, Q and R.
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 Section 12-2.4.P, Q and R, unless the project is granted
a waiver from strict compliance in accordance with Section 12-2.4.D.
P.
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 Section
12-2.5, 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 2-year storm is infiltrated.
3.
This groundwater recharge requirement does not apply to projects
within the "urban redevelopment area," or to projects subject to 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.
Q.
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 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:
|
R = A + B - (A x B)/100,
|
|
Where:
|
|
R = total TSS Percent Load Removal from application
of both BMPs, and
|
|
A = the TSS Percent Removal Rate applicable to the
first BMP
|
|
B = the TSS Percent Removal Rate applicable to the
second BMP.
|
6.
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 Section 12-2.4.P,
Q and R.
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.
R.
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 Section 12-2.5, complete one of the following:
(a)
Demonstrate through hydrologic and hydraulic analysis that for
stormwater leaving the site, post-construction runoff hydrographs
for the 2-, 10-, 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 2-, 10-
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 2-, 10- and 100-year storm events are 50,
75 and 80 percent, 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 2.i, ii and iii[3] above is required unless the design engineer demonstrates
through hydrologic and hydraulic analysis that the increased volume,
change in timing, or increased rate of the stormwater runoff, or any
combination of the three will not result in additional flood damage
below the point of discharge of the major development. No analysis
is required if the stormwater is discharged directly into any ocean,
bay, inlet, or the reach of any watercourse between its confluence
with an ocean, bay, or inlet and downstream of the first water control
structure.
[3]
Editor's Note: See Subsection R2(a), (b) and (c).
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 2-22-2021 by Ord.
No. 2021-1404; amended 6-14-2021 by Ord. No. 2021-1411]
A.
Stormwater runoff shall be calculated in accordance with the following:
1.
The design engineer shall calculate runoff using one of the
following methods:
(a)
The 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/stelprdb10441 71.pdf or at United States Department of Agriculture Natural Resources Conservation Service, 220 Davison Avenue, Somerset, New Jersey 08873; or
(b)
The Rational Method for peak flow and the Modified Rational
Method for hydrograph computations. The rational and modified rational
methods are described in "Appendix A-9 Modified Rational Method" in
the Standards for Soil Erosion and Sediment Control in New Jersey,
January 2014. This document is available from the State Soil Conservation
Committee or any of the Soil Conservation Districts listed at N.J.A.C.
2:90-1.3(a)3. The location, address, and telephone number for each
Soil Conservation District is available from the State Soil Conservation
Committee, PO Box 330, Trenton, New Jersey 08625. The document is
also available at: http://www.nj.gov/agriculture/divisions/anr/pdf/2014NJSoilErosionControlStandardsComplete.pdf.
2.
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 Section 12-2.5.A.1.i[1] and the Rational and Modified Rational Methods at Section
12-2.5.A.1.ii[2] 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 have existed on the site during the five years immediately
prior to the time of application, the land cover with the lowest runoff
potential shall be used for the computations. In addition, there is
the presumption that the site is in good hydrologic condition (if
the land use type is pasture, lawn, or park), with good cover (if
the land use type is woods), or with good hydrologic condition and
conservation treatment (if the land use type is cultivation).
3.
In computing pre-construction stormwater runoff, the design
engineer shall account for all significant land features and structures,
such as ponds, wetlands, depressions, hedgerows, or culverts, that
may reduce preconstruction stormwater runoff rates and volumes.
4.
In computing stormwater runoff from all design storms, the design
engineer shall consider the relative stormwater runoff rates and/or
volumes of pervious and impervious surfaces separately to accurately
compute the rates and volume of stormwater runoff from the site. To
calculate runoff from unconnected impervious cover, urban impervious
area modifications as described in the NRCS Technical Release 55 —
Urban Hydrology for Small Watersheds or other methods may be employed.
5.
If the invert of the outlet structure of a stormwater management
measure is below the flood hazard design flood elevation as defined
at N.J.A.C. 7:13, the design engineer shall take into account the
effects of tailwater in the design of structural stormwater management
measures.
B.
Groundwater recharge may be calculated in accordance with the following:
The New Jersey Geological Survey Report GSR-32, A Method for Evaluating
Groundwater-Recharge Areas in New Jersey, incorporated herein by reference
as amended and supplemented. 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 2-22-2021 by Ord.
No. 2021-1404; amended 6-14-2021 by Ord. No. 2021-1411]
A.
Technical guidance for stormwater management measures can be found
in the documents listed below, which are available to download from
the Department's website at: http://www.nj.gov/dep/stormwater/bmp_manual2.htm.
1.
Guidelines for stormwater management measures are contained
in the New Jersey Stormwater Best Management Practices Manual, as
amended and supplemented. Information is provided on stormwater management
measures such as, but not limited to, those listed in Tables 1, 2,
and 3.
2.
Additional maintenance guidance is available on the Department's
website at: https://www.njstormwater.org/maintenance_guidance.htm.
B.
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 2-22-2021 by Ord.
No. 2021-1404; amended 6-14-2021 by Ord. No. 2021-1411]
A.
Site design features identified under Section 12-2.4.F above, or
alternative designs in accordance with Section 12-2.4.G 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 Section 12-2.7.A.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) bicycle
safe grate, 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 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 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 seven (7.0) square inches, or be no greater
than two (2.0) inches across the smallest dimension.
2.
The standard in Section 12-2.7.A.1. 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 nine (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 four and five-eighths (4.625)
inches long and one and one-half (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 inches.
|
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 (1 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 2-22-2021 by Ord.
No. 2021-1404; amended 6-14-2021 by Ord. No. 2021-1411]
A.
This section sets forth requirements to protect public safety through
the proper design and operation of stormwater management BMPs. This
section applies to any new stormwater management BMP.
B.
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 Section 12-2.8.C.1, 12-2.8.C.2, and 12-2.8..C.3
for trash racks, overflow grates, and escape provisions at outlet
structures.
C.
Requirements for Trash Racks, Overflow Grates and Escape Provisions.
1.
A trash rack is a device designed to catch trash and debris
and prevent the clogging of outlet structures. Trash racks shall be
installed at the intake to the outlet from the Stormwater management
BMP to ensure proper functioning of the BMP outlets in accordance
with the following:
(a)
The trash rack shall have parallel bars, with no greater than
six-inch spacing between the bars;
(b)
The trash rack shall be designed so as not to adversely affect
the hydraulic performance of the outlet pipe or structure;
(c)
The average velocity of flow through a clean trash rack is not
to exceed 2.5 feet per second under the full range of stage and discharge.
Velocity is to be computed on the basis of the net area of opening
through the rack; and
(d)
The trash rack shall be constructed of rigid, durable, and corrosion
resistant material and designed to withstand a perpendicular live
loading of 300 pounds per square foot.
2.
An overflow grate is designed to prevent obstruction of the
overflow structure. If an outlet structure has an overflow grate,
such grate shall meet the following requirements:
(a)
The overflow grate shall be secured to the outlet structure
but removable for emergencies and maintenance.
(b)
The overflow grate spacing shall be no less than two inches
across the smallest dimension.
(c)
The overflow grate shall be constructed and installed to be
rigid, durable, and corrosion resistant, and shall be designed to
withstand a perpendicular live loading of 300 pounds per square foot.
3.
Stormwater management BMPs shall include escape provisions as
follows:
(a)
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 Section 12-2.8.C, a free-standing outlet structure may be exempted
from this requirement;
(b)
Safety ledges shall be constructed on the slopes of all new
stormwater management BMPs having a permanent pool of water deeper
than two and one-half feet. Safety ledges shall be comprised of two
steps. Each step shall be four to six feet in width. One step shall
be located approximately two and one-half feet below the permanent
water surface, and the second step shall be located one to one and
one-half feet above the permanent water surface. See 12-2.8.E for
an illustration of safety ledges in a stormwater management BMP; and
(c)
In new stormwater management BMPs, the maximum interior slope
for an earthen dam, embankment, or berm shall not be steeper than
three horizontal to one vertical.
D.
Variance or Exemption from Safety Standard. A variance or exemption
from the safety standards for stormwater management BMPs may be granted
only upon a written finding by the municipality that the variance
or exemption will not constitute a threat to public safety.
E.
Safety Ledge Illustration.
|
Elevation View - Basin Safety Ledge Configuration
 |
[Added 2-22-2021 by Ord.
No. 2021-1404; amended 6-14-2021 by Ord. No. 2021-1411]
A.
Submission of "Major Development" Stormwater Management Plan.
1.
Whenever an applicant seeks municipal approval of a Major Development
subject to this ordinance, the applicant shall submit all of the required
components of the Checklist for the Stormwater Management Plan at
Section 12-2.9.C below as part of the submission of the application
for approval.
2.
The applicant shall demonstrate that the project meets the standards
set forth in this ordinance.
3.
The applicant shall submit four copies of the materials listed
in the checklist, as a minimum, for Major Development stormwater management
plans in accordance with Section 12-2.9.C of this ordinance.
B.
Major Development Stormwater Management Plan Approval. The applicant's
Site Development project shall be reviewed as a part of the review
process by the municipal board or official from which municipal approval
is sought. That municipal board or official shall consult the municipality's
review engineer to determine if all of the checklist requirements
have been satisfied and to determine if the project meets the standards
set forth in this ordinance.
C.
Submission of Major Development Stormwater Management Plans. The
following information shall be required:
1.
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 1"=200' or greater, showing 2-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.
2.
Environmental Site Analysis. A written and graphic description
of the natural and man-made features of the site and its surroundings
should be submitted. This description should include a discussion
of soil conditions, slopes, wetlands, waterways and vegetation on
the site. Particular attention should be given to unique, unusual,
or environmentally sensitive features and to those that provide particular
opportunities or constraints for development.
3.
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, subdivision and justification
for proposed changes in natural conditions shall also be provided.
4.
Land Use Planning and Source Control Plan. This plan shall provide
a demonstration of how the goals and standards of Sections 12-2.3
through 12-2.5 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.
5.
Stormwater Management Facilities Map. The following information,
illustrated on a map of the same scale as the topographic base map,
shall be included:
(a)
Total area to be disturbed, paved or built upon, proposed surface
contours, land area to be occupied by the stormwater management facilities
and the type of vegetation thereon, and details of the proposed plan
to control and dispose of stormwater.
(b)
Details of all stormwater management facility designs, during
and after construction, including discharge provisions, discharge
capacity for each outlet at different levels of detention and emergency
spillway provisions with maximum discharge capacity of each spillway.
6.
Calculations.
(a)
Comprehensive hydrologic and hydraulic design calculations for
the predevelopment and post-development conditions for the design
storms specified in Section 12-2.4 of this ordinance.
(b)
When the proposed stormwater management control measures depend
on the hydrologic properties of soils or requirements of certain separation
dimensions 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. The soil site investigations, such
as soil profiles and permeability tests, performed by the developer
shall be witnessed by the Township. The Developer shall submit a proposed
plan for review and approval prior to scheduling the investigations.
7.
Maintenance and Repair Plan. The design and planning of the
stormwater management facility shall meet the maintenance requirements
of Section 12-2.10.
8.
Waiver from Submission Requirements. The board reviewing an
application under this ordinance may, in consultation with the municipality's
review engineer, waive submission of any of the requirements in Section
12-2.9.C.1 through 12-2.9.C.6 of this ordinance 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 2-22-2021 by Ord.
No. 2021-1404; amended 6-14-2021 by Ord. No. 2021-1411]
A.
Applicability. Projects subject to review as in Section 12-2.1.C
of this ordinance shall comply with the requirements of Section 12-2.10.B
and 12-2.10.C.
B.
General Maintenance for projects referenced above in Section
12-2.10.A.
1.
The design engineer shall prepare a maintenance plan for the
stormwater management measures incorporated into the design of a major
development.
2.
The maintenance plan shall contain specific preventative maintenance tasks and schedules; cost estimates, including estimated cost of sediment, debris, or trash removal; and the name, address, and telephone number of the person or persons responsible for preventative and corrective maintenance (including replacement). 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 specifies.
3.
If the maintenance plan identifies a person other than the property
owner (for example, a developer, a public agency or homeowners'
association) as having the responsibility for maintenance, the plan
shall include documentation of such person's or entity's
agreement to assume this responsibility, or of the owner's obligation
to dedicate a stormwater management facility to such person under
an applicable ordinance or regulation.
4.
Responsibility for maintenance shall not be assigned or transferred
to the owner or tenant of an individual property in a residential
development or project, unless such owner or tenant owns or leases
the entire residential development or project. The individual property
owner may be assigned incidental tasks, such as weeding of a green
infrastructure BMP, provided the individual agrees to assume these
tasks; however, the individual cannot be legally responsible for all
of the maintenance required.
5.
If the party responsible for maintenance identified under Section
12-2.10.B.3 above is not a public agency, the maintenance plan and
any future revisions based on Section 12-2.10.B.7 below shall be recorded
upon the deed of record for each property on which the maintenance
described in the maintenance plan must be undertaken.
6.
Preventative and corrective maintenance shall be performed to
maintain the functional parameters (storage volume, infiltration rates,
inflow/outflow capacity, etc.) of the stormwater management measure,
including, but not limited to, repairs or replacement to the structure;
removal of sediment, debris, or trash; restoration of eroded areas;
snow and ice removal; fence repair or replacement; restoration of
vegetation; and repair or replacement of non-vegetated linings.
7.
The party responsible for maintenance identified under Section
12-2.10.B.3 above shall perform all of the following requirements:
(a)
Maintain a detailed log of all preventative and
corrective maintenance for the structural stormwater management measures
incorporated into the design of the development, including a record
of all inspections and copies of all maintenance-related work orders;
(b)
Evaluate the effectiveness of the maintenance plan
at least once per year and adjust the plan and the deed as needed;
and
(c)
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 Section 12-2.10.B.6 and 12-2.10.B.7 above.
8.
The requirements of Section 12-2.10.B.3 and 12-2.10.B.4 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.
9.
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 fourteen (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.
C.
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 2-22-2021 by Ord.
No. 2021-1404; amended 6-14-2021 by Ord. No. 2021-1411]
Any person(s) who erects, constructs, alters, repairs, converts,
maintains, or uses any building, structure or land in violation of
this ordinance shall be subject to the following penalties: imprisonment
in the County jail or in any place provided by the municipality for
the detention of prisoners, for any term not exceeding 90 days; or
by a fine not exceeding $2,000; or by a period of community service
not exceeding 90 days.
[Ord. No. 2009-1139 § 1]
This section requires dumpsters and other refuse containers
that are outdoors or exposed to stormwater to be covered at all times
except when emptying or depositing refuse 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 operated by the Township and/or the waters of the State so
as to protect public health, safety and welfare, and to prescribe
penalties for the failure to comply.
[Ord. No. 2009-1139 § 1]
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.
Means a conveyance or system of conveyances (including roads
with drainage systems, municipal streets, catch basins, curbs, gutters,
ditches, man-made channels, or storm drains) that is owned or operated
by the Township or other public body, and is designed and used for
collecting and conveying stormwater.
Means any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
Means any waste container that a person controls whether
owned, leased, or operated, including: dumpsters, trash cans, garbage
pails, and plastic trash bags.
Means 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.
Means 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.
[Ord. No. 2009-1139 § 1]
A.
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 except when emptying or depositing refuse
and shall prevent refuse from spilling out or overflowing.
B.
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 operated by the Township.
[Ord. No. 2009-1139 § 1]
A.
Permitted temporary demolition containers.
B.
Litter receptacles (other than dumpsters or other bulk containers).
C.
Individual homeowner trash and recycling containers.
D.
Refuse containers at facilities authorized to discharge stormwater
associated with industrial activity under a valid NJPDES permit.
E.
Large bulky items (e.g., furniture, bound carpet and padding, white
goods placed curbside for pickup).
[Ord. No. 2009-1139 § 1]
This section shall be enforced by the Police Department and/or
the Lane Use Officer of the Township of Branchburg.
[Ord. No. 2009-1139 § 1]
Any person who is found to be in violation of the provisions
of this section shall be subject to a fine not to exceed $1,500 for
each violation.
[Ord. No. 2009-1139 § 1]
Each subsection, sentence, clause and phrase of this section
is declared to be an independent 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. 2009-1138 § 1]
This section requires 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 operated by the Township so as to protect public health,
safety and welfare and to prescribe penalties for the failure to comply.
[Ord. No. 2009-1138 § 1]
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.
Means a conveyance or system of conveyances (including roads
with drainage systems, municipal streets, catch basins, curbs, gutters,
ditches, man-made channels, or storm drains) that is owned or operated
by the Township or other public body, and is designed and used for
collecting and conveying stormwater.
Means any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
Means 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.
Means 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.
[Ord. No. 2009-1138 § 1]
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:
[Ord. No. 2009-1138 § 1]
Storm drain inlets identified in subsection 12-4.3 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 12-4.4C 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 surfaces
include surfaces of roads (including bridges), driveways, parking
areas, bikeways, plazas, sidewalks, lawns, fields, open channels and
stormwater basin floors.
B.
Whenever design engineers use a curb-opening inlet, the clear space
in that curb opening (or each individual clear space, if the curb
opening has two or more clear spaces) shall have an area of no more
than seven square inches, or be no greater than two inches across
the smallest dimension.
C.
This standard does not apply:
1.
Where the Township 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:
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. 2009-1138 § 1]
This section shall be enforced by the Police Department and/or
the Land Use Officer of the Township of Branchburg.
[Ord. No. 2009-1138 § 1]
Any person who is found to be in violation of the provisions
of this section shall be subject to a fine not to exceed $1,500 for
each storm drain inlet that is not retrofitted to meet the design
standard.
[Ord. No. 2009-1138 § 1]
Each subsection, sentence, clause and phrase of this section
is declared to be an independent 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.
