Borough of Millstone, NJ Stormwater Control

This Article V shall be applicable to:

Any site plan or subdivision that requires preliminary or final site plan review.

All grading applications for development or redevelopment at a site for earth disturbance greater than 5,000 square feet in area.

Redevelopment that includes the creation, addition, or replacement of 5,000 square feet or more of impervious surface cover, or involves land development activities of one or more acres.

Any new development or redevelopment, regardless of size, that is defined by the Municipal Engineer to be a hotspot land use, as further defined in Section 30-134F(1)(b)[3][c] herein; or,

Land development activities that are smaller than the minimum applicability criteria set forth in paragraphs (b) and (c) above if such activities are part of a larger common plan of development, even though multiples, separate and distinct land development activities may take place at different times on different time schedules.

The following activities are exempt from this Article V:

Agricultural or silvicultural land management activities within areas zoned for these activities, and;

Repairs to any stormwater management facility or practice deemed necessary by the Borough.

Compatibility with other permit and ordinance requirements. Development approvals issued pursuant to this Article V 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 ordinance. In their interpretation and application, the provisions of this Article V shall be held to be the minimum requirements for the promotion of the public health, safety, and general welfare. This Article V is not intended to interfere with, abrogate, or annul any other ordinances, rule or regulation, statute, or other provision of law except that, where any provision of this Article V 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.

§ 30-133 GENERAL STANDARDS.

[Added 12-19-2005 Ord. No. 2005-004]

Design and performance standards for stormwater management measures.

Stormwater management measures shall be developed to meet the erosion control, groundwater recharge, stormwater runoff quantity, and stormwater runoff quality standards in this section. To the maximum extent feasible, these standards shall be met by incorporating nonstructural stormwater management strategies into the design. If these strategies alone are not sufficient to meet these standards, structural stormwater management measures necessary to meet these standards shall be incorporated into the design.

The standards in this Article V apply to development as defined within Section 30-132C 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 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 of Environmental Protection rules. Such alternative standards shall provide at least as much protection from stormwater-related loss of groundwater recharge, stormwater quantity and water quality impacts of development projects as would be provided under the standards in this Article V.

For site improvements regulated under the Residential Site Improvement Standards (RSIS) at N.J.A.C. 5:21, the RSIS shall apply in addition to this Article V except to the extent the RSIS are superseded by this Article V or alternative standards applicable under a regional stormwater management plan or Water Quality Management Plan adopted in accordance with Department rules.

§ 30-134 STORMWATER MANAGEMENT REQUIREMENTS FOR DEVELOPMENT.

[Added 12-19-2005 by Ord. No. 2005-004]

Maintenance plan. The development shall incorporate a maintenance plan for the stormwater management measures incorporated into the design of the development.

Adverse impacts. 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 muhlenbergi (bog turtle).

Linear development projects. The following linear development projects are exempt from the groundwater recharge, stormwater runoff quantity, and stormwater runoff quality requirements at Sections 30-134F and 30-134G:

The construction of an underground utility line provided that the disturbed areas are revegetated upon completion;

The construction of an aboveground utility line provided that the existing conditions are maintained to the maximum extent practicable; and

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.

Waivers. A waiver from strict compliance from the groundwater recharge, stormwater runoff quantity, and stormwater runoff quality requirements at Sections 30-134F and 30-134G 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, where applicable:

The applicant demonstrates that there is a public need for the project that cannot be accomplished by any other means;

The applicant demonstrates through an alternatives analysis, that through the use of nonstructural and structural stormwater management strategies and measures, the option selected complies with the requirements of Sections 30-134F and 30-134G to the maximum extent practicable;

The applicant demonstrates that, in order to meet the requirements at Sections 30-134F and 30-134G, existing structures currently in use, such as homes and buildings would need to be condemned; and

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 paragraph D(3) above within the upstream drainage area of the receiving stream, which would provide additional opportunities to mitigate for requirements of Sections 30-134F and 30-134G that were not achievable on site.

Nonstructural stormwater management strategies.

To the maximum extent practicable, the standards in Sections 30-134F and 30-134G shall be met by incorporating nonstructural stormwater management strategies at Section 30-134E into the design. The applicant shall identify the nonstructural measures incorporated into the design of the project. If the applicant contends that it is not feasible for engineering, environmental, or safety reasons to incorporate any nonstructural stormwater management measures identified in Section 30-134E(2) below into the design of a particular project, the applicant shall identify the strategy considered and provide a basis for the contention.

Nonstructural stormwater management measures incorporated into site design shall:

Protect areas that provide water quality benefits or areas particularly susceptible to erosion and sediment loss;

Minimize impervious surfaces and break up or disconnect the flow of runoff over impervious surfaces;

Maximize the protection of natural drainage features and vegetation;

Minimize the decrease in the "time of concentration" from pre-construction to post construction. "Time of concentration" is defined as the time it takes for runoff to travel from the hydraulically most distant point of the watershed to the point of interest within a watershed;

Minimize land disturbance including clearing and grading;

(f)

Minimize soil compaction;

(g)

Provide low-maintenance landscaping that encourages retention and planting of native vegetation and minimizes the use of lawns, fertilizers and pesticides;

(h)

Provide vegetated open-channel conveyance systems discharging into and through stable vegetated areas;

(i)

Provide other source controls to prevent or minimize the use or exposure of pollutants at the site in order to prevent or minimize the release of those pollutants into stormwater runoff. These source controls include, but are not limited to:

Site design features that help to prevent accumulation of trash and debris in drainage systems;

Site design features that help to prevent discharge of trash and debris from drainage systems;

Site design features that help to prevent and/or contain spills or other harmful accumulations of pollutants at industrial or commercial developments; and

When establishing vegetation after land disturbance, applying fertilizer in accordance with the requirements established under the Soil Erosion and Sediment Control Act, N.J.S.A. 4:24-39 et seq., and implementing rules.

Any land area used as a nonstructural stormwater management measure to meet the performance standards in Sections 30-134F and 30-134G shall be subjected to a conservation restriction filed with the County Clerk's Office, or subject to an approved equivalent restriction that ensures that measure or an equivalent stormwater management measure approved by the reviewing agency is maintained in perpetuity or, if requested, dedicated to the Borough.

Guidance for nonstructural stormwater management measures is available in the New Jersey Stormwater Best Management Practices Manual. The manual is available on the Department of Environmental Protection's stormwater web page at http://www.njstormwater.org (or successor website).

Erosion control, groundwater recharge and runoff quantity standards.

This paragraph F. contains minimum design and performance standards to control erosion, encourage and control infiltration and groundwater recharge, and control stormwater runoff quantity impacts of development.

The minimum design and performance standards for erosion control are those established under the Soil Erosion and Sediment Control Act, N.J.S.A. 4:24-39 et seq. and implementing rules.

The minimum design and performance standards for groundwater recharge are as follows:

The design engineer shall, using the assumptions and factors for stormwater runoff and groundwater recharge calculations at Section 30-135, 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 preconstruction to post-construction for the 2-year storm is infiltrated.

This groundwater recharge requirement does not apply to projects within the "urban redevelopment" area, or projects subject to paragraph F(1)(b)[3] below.

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.

[c]

Stormwater Hotspots — Below is a list of examples of designated hotspots. If a site is designated as a hotspot, it has important implications for how stormwater is managed. First and foremost, untreated stormwater runoff from hotspots shall not be allowed to recharge into groundwater where it may contaminate water supplies. Second, a greater level of stormwater treatment shall be required at hotspot sites to prevent pollutant washoff after construction. The Environmental Protection Agency's (EPA) NPDES stormwater program requires some industrial sites to prepare and implement a stormwater pollution prevention plan.

The following is a list of designated hotspots:

Vehicle salvage yards and recycling facilities

Vehicle fueling stations

Vehicle service and maintenance facilities

Vehicle and equipment cleaning facilities

Fleet storage areas (bus, truck, etc.)

Industrial sites as defined under the Industrial Site Recovery Act (ISRA) (N.J.S.A. 13:1K and N.J.A.C. 7:26B)

Marinas (service and maintenance)

Outdoor liquid container storage

Outdoor loading/unloading facilities

Public works storage areas

Facilities that generate or store hazardous materials

Commercial container nursery

Other land uses and activities as designated by the Municipal Engineer.

The following land uses and activities shall not be considered hotspots:

Residential streets and rural highways

Residential development

Institutional development

Office developments

Nonindustrial rooftops

Pervious areas, (i.e.) nurseries (which may need an integrated pest management (IPM) plan).

The design engineer shall assess the hydraulic impact on the groundwater table and design the site so as to avoid adverse hydraulic impacts. Potential adverse hydraulic impacts include, but are not limited to, exacerbating a naturally or seasonally high water table so as to cause surficial ponding, flooding of basements, or interference with the proper operation of subsurface sewage disposal systems and other subsurface structures in the vicinity or downgradient of the groundwater recharge area.

In order to control stormwater runoff quantity impacts, the design engineer shall, using the assumptions and factors for stormwater runoff calculations at Section 30-135, complete one of the following:

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 preconstruction runoff hydrographs for the same storm events;

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;

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 preconstruction peak runoff rates. The percentages apply only to the post-construction stormwater runoff that is attributable to the portion of the site on which the proposed development or project is to be constructed. The percentages shall not be applied to post-construction stormwater runoff into tidal flood hazard areas if the increased volume of stormwater runoff will not increase flood damages below the point of discharge; or

In tidal flood hazard areas, stormwater runoff quantity analysis in accordance with paragraphs F(1)(c)[1], [2] and [3] above shall only be applied if the increased volume of stormwater runoff could increase flood damages below the point of discharge.

Any application for a new agricultural development that meets the definition of a development at Section 30-143 shall be submitted to the appropriate Soil Conservation District for review and approval in accordance with the requirements of this section and any applicable Soil Conservation District guidelines for stormwater runoff quantity and erosion control. For the purposes of this section, "agricultural development" means land uses normally associated with the production of food, fiber and livestock for sale. Such uses do not include the development of land for the processing or sale of food and the manufacturing of agriculturally related products.

Stormwater runoff quality standards.

Stormwater management measures shall be designed to reduce the post-construction load of total suspended solids (TSS) in stormwater runoff by 80% of the anticipated load from the developed site, expressed as an annual average. Stormwater management measures shall only be required for water quality control if an additional 1/4 acre of impervious surface is being proposed on a development site. The requirement to reduce TSS does not apply to any stormwater runoff in a discharge regulated under a numeric effluent limitation for TSS imposed under the New Jersey Pollution Discharge Elimination System (NJPDES) rules, N.J.A.C. 7:14A, or in a discharge specifically exempt under a NJPDES permit from this requirement. The water quality design storm is 1.25 inches of rainfall in two hours. Water quality calculations shall take into account the distribution of rain from the water quality design storm, as reflected in Table 1. The calculation of the volume of runoff may take into account the implementation of non-structural and structural stormwater management measures.

Time (minutes)	Cumulative Rainfall (inches)
0	0.0000
5	0.0083
10	0.0166
15	0.0250
20	0.0500
25	0.0750
30	0.1000
35	0.1330
40	0.1660
45	0.2000
50	0.2583
55	0.3583
60	0.6250
65	0.8917
70	0.9917
75	1.0500
80	1.0840
85	1.1170
90	1.1500
95	1.1750
100	1.2000
105	1.2250
110	1.2334
115	1.2417
120	1.2500

For purposes of TSS reduction calculations, Table 2 below presents the presumed removal rates for certain BMPs designed in accordance with the New Jersey Stormwater Best Management Practices Manual. The BMP Manual may be obtained from the address identified in Section 30-137, or found on the Department's website at www.njstormwater.org (or successor website). The BMP Manual and other sources of technical guidance are listed in Section 30-137. TSS reduction shall be calculated based on the removal rates for the BMPs in Table 2 below. Alternative removal rates and methods of calculating removal rates may be used if the design engineer provides documentation demonstrating the capability of these alternative rates and methods to the review agency. A copy of any approved alternative rate or method of calculating the removal rate shall be provided to the Department at the following address: Division of Watershed Management, New Jersey Department of Environmental Protection, PO Box 418, Trenton, New Jersey, 08625-0418 (or successor address).

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 – (AXB)/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.

Table 2: TSS Removal Rates for Best Management Practices (BMPs)
Best Management	Practice TSS %
Bioretention Systems	90
Constructed Stormwater Wetland	90
Extended Detention Basin	40-60
Infiltration Structure	80
Manufactured Treatment Device	See Section 30-136C
Sand Filter	80
Vegetative Filter Strip	60-80
Wet Pond	50-90

If there is more than one onsite drainage area, the 80% TSS removal rate shall apply to each drainage area, unless the runoff from the subareas converge on site in which case the removal rate can be demonstrated through a calculation using a weighted average.

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 nonstructural strategies and structural measures that optimize nutrient removal while still achieving the performance standards in Sections 30-134F and 30-134G.

(6)

Additional information and examples are contained in the New Jersey Stormwater Best Management Practices Manual, which may be obtained from the address identified in Section 30-137.

(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 FW 1.

(8)

Special water resource protection areas shall be established along all waters designated Category One at N.J.A.C. 7:9B and perennial or intermittent streams that drain into or upstream of the Category One waters as shown on the USGS Quadrangle Maps or in the County Soil Surveys, within the associated HUC14 drainage. These areas shall be established for the protection of water quality, aesthetic value, exceptional ecological significance, exceptional recreational significance, exceptional water supply significance, and exceptional fisheries significance of those established Category One waters. These areas shall be designated and protected as follows:

The applicant shall preserve and maintain a special water resource protection area in accordance with one of the following:

A 300-foot special water resource protection area shall be provided on each side of the waterway, measured perpendicular to the waterway from the top of the bank outwards or from the centerline of the waterway where the bank is not defined, consisting of existing vegetation or vegetation allowed to follow natural succession is provided.

Encroachment within the designated special water resource protection area under paragraph [1] above shall only be allowed where previous development or disturbance has occurred (for example, active agricultural use, parking area or maintained lawn area). The encroachment shall only be allowed where applicant demonstrates that the functional value and overall condition of the special water resource protection area will be maintained to the maximum extent practicable. In no case shall the remaining special water resource protection area be reduced to less than 150 feet as measured perpendicular to the top of bank of the waterway or centerline of the waterway where the bank is undefined. All encroachments proposed under this subparagraph shall be subject to review and approval by the Department.

All stormwater shall be discharged outside of and flow through the special water resource protection area and shall comply with the Standard For Off-Site Stability in the "Standards for Soil Erosion and Sediment Control in New Jersey," established under the Soil Erosion and Sediment Control Act, N.J.S.A. 4:24-39 et seq.

If stormwater discharged outside of and flowing through the special water resource protection area cannot comply with the Standard For Off-Site Stability in the "Standards for Soil Erosion and Sediment Control in New Jersey," established under the Soil Erosion and Sediment Control Act, N.J.S.A. 4:24-39 et seq., then the stabilization measures in accordance with the requirements of the above standards may be placed within the special water resource protection area, provided that:

Stabilization measures shall not be placed within 150 feet of the Category One waterway;

Stormwater associated with discharges allowed by this section shall achieve a 95% TSS post construction removal rate;

Temperature shall be addressed to ensure no impact on receiving waterway;

The encroachment shall only be allowed where the applicant demonstrates that the functional value and overall condition of the special water resource protection area will be maintained to the maximum extent practicable;

[5]

A conceptual project design meeting shall be held with the appropriate Department staff and Soil Conservation District staff to identify necessary stabilization measures; and

[6]

All encroachments proposed under this section shall be subject to review and approval by the Department.

A stream corridor protection plan may be developed by a regional stormwater management planning committee as an element of a regional stormwater management plan, or by a municipality through an adopted municipal stormwater management plan. If a stream corridor protection plan for a waterway subject to Section 30-134G(8) has been approved by the Department of Environmental Protection, then the provisions of the plan shall be the applicable special water resource protection area requirements for that waterway. A stream corridor protection plan for a waterway subject to Section 30-134G(8) shall maintain or enhance the current functional value and overall condition of the special water resource protection area as defined in Section 30-134G(8)(a)[1] above. In no case shall a stream corridor protection plan allow the reduction of the Special Water Resource Protection Area to less than 150 feet as measured perpendicular to the waterway subject to this subsection.

§ 30-135 CALCULATION OF STORMWATER RUNOFF AND GROUNDWATER RECHARGE.

[Added 12-19-2005 by Ord. No. 2005-004]

Calculation of stormwater runoff. Stormwater runoff shall be calculated in accordance with the following:

The design engineer shall calculate runoff using one of the following methods:

The USDA Natural Resources Conservation Service (NRCS) methodology, including the NRCS Runoff Equation and Dimensionless Unit Hydrograph, as described in the NRCS National Engineering Handbook Section 4 — Hydrology and Technical Release 55 — Urban Hydrology for Small Watersheds; or

The Rational Method for peak flow and the Modified Rational Method for hydrograph computations.

For the purpose of calculating runoff coefficients and groundwater recharge, there is a presumption that the preconstruction condition of a site or portion thereof is a wooded land use with good hydrologic condition. The term "runoff coefficient" applies to both the NRCS methodology at paragraph A(1)(a) and the Rational and Modified Rational Methods at paragraph A(1)(b). A runoff coefficient or a groundwater recharge land cover for an existing condition may be used on all or a portion of the site if the design engineer verifies that the hydrologic condition has existed on the site or portion of the site for at least five years without interruption prior to the time of application. If more than one land cover 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).

In computing pre-construction stormwater runoff, the design engineer shall account for all significant land features and structures, such as ponds, wetlands, depressions, hedgerows, or culverts, that may reduce pre-construction stormwater runoff rates and volumes.

In computing stormwater runoff from all design storms, the design engineer shall consider the relative stormwater runoff rates and/or volumes of pervious and impervious surfaces separately to accurately compute the rates and volume of stormwater runoff from the site. To calculate runoff from unconnected impervious cover, urban impervious area modifications as described in the NRCS Technical Release-55, Urban Hydrology for Small Watersheds and other methods may be employed.

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.

Calculation of groundwater recharge. Groundwater recharge may be calculated in accordance with the following:

The New Jersey Geological Survey Geological Survey Report GSR-32 A Method for Evaluating Ground-Water 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 http://www.state.nj.us/dep/njgs/ (or successor website), or at New Jersey Geological Survey, 29 Arctic Parkway, P.O. Box 427, Trenton, New Jersey 08625-0427; (609) 984-6587 (or successor address).

§ 30-136 STANDARDS FOR STRUCTURAL STORMWATER MANAGEMENT MEASURES.

[Added 12-19-2005 by Ord. No. 2005-04]

Standards. Standards for structural stormwater management measures are as follows:

Structural stormwater management measures shall be designed to take into account the existing site conditions, including, for example, environmentally critical areas, wetlands; flood-prone areas; slopes; depth to seasonal high water table; soil type, permeability and texture; drainage area and drainage patterns; and the presence of solution-prone carbonate rocks (limestone).

Structural 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 1/3 the width of the diameter of the orifice or 1/3 the width of the weir, with a minimum spacing between bars of one inch and a maximum spacing between bars of six inches. In addition, the design of trash racks must comply with the requirements of Section 30-138C.

Structural stormwater management measures shall be designed, constructed, and installed to be strong, durable, and corrosion resistant. Measures that are consistent with the relevant portions of the Residential Site Improvement Standards at N.J.A.C. 5:21-7.3, 7.4, and 7.5 shall be deemed to meet this requirement.

At the intake to the outlet from the stormwater management basin, the orifice size shall be a minimum of two and one-half inches in diameter.

Stormwater management basins shall be designed to meet the minimum safety standards for stormwater management basins at Section 30-138.

Guidelines. Stormwater management measure guidelines are available in the New Jersey Stormwater Best Management Practices Manual. Other stormwater management measures may be utilized provided the design engineer demonstrates that the proposed measure and its design will accomplish the required water quantity, groundwater recharge and water quality design and performance standards established by this Article V.

Manufactured devices. Manufactured treatment devices may be used to meet the requirements of this Article V, provided the pollutant removal rates are verified by the New Jersey Corporation for Advanced Technology and certified by the Department.

§ 30-137 SOURCES FOR TECHNICAL GUIDANCE.

[Added 12-19-2005 by Ord. No. 2005-004]

Technical guidance. Technical guidance for stormwater management measures can be found in the documents listed at paragraphs A(1) and A(2) below, which are available from Maps and Publications, Department of Environmental Protection, 428 East State Street, P.O. Box 420, Trenton, New Jersey, 08625 (or successor address); telephone (609) 777-1038 (or successor telephone number).

Guidelines for stormwater management measures are contained in the New Jersey Stormwater Best Management Practices Manual, as amended. Information is provided on stormwater management measures such as: bioretention systems, constructed stormwater wetlands, dry wells, extended detention basins, infiltration structures, manufactured treatment devices, pervious paving, sand filters, vegetative filter strips, and wet ponds.

The New Jersey Department of Environmental Protection Stormwater Management Facilities Maintenance Manual, as amended.

Additional guidance.. Additional technical guidance for stormwater management measures can be obtained from the following:

The "Standards for Soil Erosion and Sediment Control in New Jersey" promulgated by the State Soil Conservation Committee and incorporated into N.J.A.C. 2:90. Copies of these standards may be obtained by contacting the State Soil Conservation Committee or any of the Soil Conservation Districts listed in N.J.A.C. 2:90-1.3(a)4. The location, address, and telephone number of each Soil Conservation District may be obtained from the State Soil Conservation Committee, P.O. Box 330, Trenton, New Jersey 08625; (609) 292-5540 (or successor address and telephone number);

The Rutgers Cooperative Extension Service, (732) 932-9306; and

The Soil Conservation Districts listed in N.J.A.C. 2:90-1.3(a)4. The location, address, and telephone number of each Soil Conservation District may be obtained from the State Soil Conservation Committee, P.O. Box 330, Trenton, New Jersey, 08625, (609) 292-5540 (or successor address and telephone number).

§ 30-138 SAFETY STANDARDS FOR STORMWATER MANAGEMENT BASINS.

[Added 12-19-2005 by Ord. No. 2005-004]

Purpose. This section sets forth requirements to protect public safety through the proper design and operation of stormwater management basins. This section applies to any new stormwater management basin.

Intent. The provisions of this section are not intended to preempt more stringent municipal or county safety requirements for new or existing stormwater management basins. Other existing municipal and county stormwater management plans and ordinances may, pursuant to their authority, require existing stormwater management basins to be retrofitted to meet one or more of the safety standards in Section 30-138 C(1), C(2) and C(3) for trash racks, overflow grates, and escape provisions at outlet structures.

Requirements for trash racks, overflow grates and escape provisions.

A trash rack is a device designed to catch trash and debris and prevent the clogging of outlet structures. Trash racks shall be installed at the intake to the outlet from the stormwater management basin to ensure proper functioning of the basin outlets in accordance with the following:

The trash rack shall have parallel bars, with no greater than six inch spacing between the bars.

The trash rack shall be designed so as not to adversely affect the hydraulic performance of the outlet pipe or structure.

The average velocity of flow through a clean trash rack is not to exceed two and one-half 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.

The trash rack shall be constructed and installed to be rigid, durable, and corrosion resistant, and shall be designed to withstand a perpendicular live loading of 300 lbs./ft. sq.

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:

The overflow grate shall be secured to the outlet structure but removable for emergencies and maintenance.

The overflow grate spacing shall be no less than two inches across the smallest dimension.

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 lbs./ft. sq.

For purposes of this subsection, escape provisions means the permanent installation of ladders, steps, rungs, or other features that provide easily accessible means of egress from stormwater management basins. Stormwater management basins shall include escape provisions as follows:

If a stormwater management basin has an outlet structure, escape provisions shall be incorporated in or on the structure. With the prior approval of the reviewing agency identified in Section 30-138D, a freestanding outlet structure may be exempted from this requirement.

Safety ledges shall be constructed on the slopes of all new stormwater management basins having a permanent pool of water deeper than two and one-half feet. Such safety ledges shall be comprised of two steps. Each step shall be four to six feet in width. One step shall be located approximately 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 Section 30-138E for an illustration of safety ledges in a stormwater management basin.

In new stormwater management basins, the maximum interior slope for an earthen dam, embankment, or berm shall not be steeper than 3 horizontal to 1 vertical.

Variance or exemption from safety standards.

When considering a waiver from the safety standards for stormwater management basins, the Planning Board shall consider, among all other pertinent factors, whether granting the request will constitute a threat to public safety.

Illustration of safety ledges in a new stormwater management basin.

§ 30-139 REQUIREMENTS FOR A STORMWATER CONTROL PLAN.

[Added 12-19-2005 by Ord. No. 2005-004]

Submission of stormwater control plan.

Whenever an applicant seeks municipal approval of a development subject to this Article V, the applicant shall submit all of the required components of the Checklist for the Stormwater Control Plan at Section 30-139C below as part of the submission of the applicant's application for subdivision or site plan approval.

The applicant shall demonstrate that the project meets the standards set forth in this Article V.

The applicant shall submit five copies of the materials listed in the Checklist for Stormwater Control Plans in accordance with Section 30-139C, unless this submission is part of a subdivision or land development application, in which case the applicant shall submit 12 copies of the materials in the Checklist for Stormwater Control Plans in accordance with Section 30-139C.

Stormwater control plan approval. The applicant's site development project shall be reviewed as a part of the subdivision or site plan review process by the municipal board or official from which municipal approval is sought. That municipal board or official shall consult the Borough Engineer retained by the Planning Board to determine if all the checklist requirements have been satisfied and to determine if the project meets the standards set forth in this Article V.

Checklist requirements. The following information shall be required:

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 1 waters, wetlands and flood plains along with their appropriate buffer strips, marshlands and other wetlands, pervious or vegetative surfaces, existing manmade structures, roads, bearing and distances of property lines, and significant natural and manmade features not otherwise shown.

Environmental Site Analysis.

A written and graphic description of the natural and manmade features of the site and its environs.

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.

Project Description and Site Plan(s).

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, and seasonal high ground water elevations. A written description of the site plan and justification of proposed changes in natural conditions may also be provided.

Land Use Planning and Source Control Plan.

This plan shall provide a demonstration of how the goals and standards of Sections 30-133 through 30-136 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.

Stormwater Management Facilities Map.

The following information, illustrated on a map of the same scale as the topographic base map, shall be included:

Total area to be 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.

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.

Comprehensive hydrologic and hydraulic design calculations for the pre-development and post development conditions for the design storms specified in Section 30-134 of this Article V.

When the proposed stormwater management control measures (e.g. infiltration basins) depends 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.

(7)

Maintenance and Repair Plan.

The design and planning of the stormwater management facility shall meet the maintenance requirements of Section 30-143.

(8)

Waiver from Submission Requirements.

The municipal official or board reviewing an application under this Article V may, in consultation with the Borough Engineer, waive submission of any of the requirements in Sections 30-139C(1) through 30-139C(6) 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.

§ 30-140 INSPECTION.

[Added 12-19-2005 by Ord. No. 2005-004]

The Borough Engineer or his municipal designee shall inspect all phases of the installation of the permanent BMPs and/or stormwater management facilities as deemed appropriate by the Borough Engineer.

During any stage of the work, if the Borough Engineer or his municipal designee determines that the permanent BMPs and/or stormwater management facilities are not being installed in accordance with the approved stormwater management plan, the Borough shall revoke any existing permits or other approvals and issue a cease and desist order until a revised drainage plan is submitted and approved, as specified in Article V in its entirety, and until the deficiencies are corrected.

A final inspection of all BMPs and/or stormwater management facilities shall be conducted by the Borough Engineer or his municipal designee to confirm compliance with the approved drainage plan prior to the issuance of any occupancy permit.

§ 30-141 FEES SCHEDULE AND ADMINISTRATION.

[Added 12-19-2005 by Ord. No. 2005-004]

Application procedures. Every application for Stormwater Control Plan approval shall be accompanied by a check payable to the Borough of Millstone, in accordance with the schedule set forth within this section. Applications for development requiring a combination of approvals (e.g., subdivision, site plan, and/or hardship variances) shall pay an amount equal to the sum of the amounts of the separate elements of relief requested, including an amount for each variance. In no case shall the escrow deposit required at the time of the application exceed $30,000. The amount of any unexpected escrow deposits for review shall be a credit toward fees for review of the application for stormwater control. The application shall be deemed incomplete if the fees and deposits are not paid. Whether or not specifically stated in the resolution of memorialization, payment in a timely manner of all escrow fees which shall become due, shall become a condition of approval of any application.

Fees to cover expenses. The application charge is a flat fee to cover direct administrative expenses and is non-refundable. The escrow deposit is established to cover the costs of professional services, including:

The review of the drainage plan by the Borough Engineer and such other professionals as the Borough chooses, the Planning Board and its professionals.

The site inspections.

The inspection of stormwater management facilities and drainage improvements during construction.

The final inspection upon completion of the stormwater management facilities and drainage improvements presented in the drainage plan.

Any additional work required to enforce any permit provisions regulated by this Article V, correct violations, and assure proper completion of stipulated remedial actions.

Sums not utilized in the review process shall be returned to the developer. Insufficient funds and municipal remedies thereof shall be administered in accordance with Section 30-151C. Periodic accounting of the escrow account shall be administered in accordance with Section 30-151D. Closeout procedures shall be administered in accordance with Section 30-151E.

Fee schedule. The attached fee schedule for a Stormwater Control Plan is hereby established with respect to development projects within the Borough of Millstone, County of Somerset.

	Filing Fee	Escrow Deposit
A stormwater management plan per Section 30-139: Stormwater Control Plan	$250	$1,500 per the first acre or less, and $1,000 per each acre or portion thereafter.

§ 30-142 PERFORMANCE GUARANTEE.

[Added 12-19-2005 by Ord. No. 2005-004]

Guarantee. For all stormwater improvements, the applicant shall provide a financial guarantee to the Borough for the timely installation and proper construction of all stormwater management controls.

Performance guarantees shall be in accordance with regulations set forth in Article III, Section 30-125C and 30-125D herein.

§ 30-143 MAINTENANCE AND REPAIR.

[Added 12-19-2005 by Ord. No. 2005-004]

Applicability.

Projects subject to review as in Section 30-132C of this Article V shall comply with the requirements of Section 30-143B and 30-143C.

General maintenance.

The design engineer shall prepare a maintenance plan for the stormwater management measures incorporated into the design of the development.

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). Maintenance guidelines for stormwater management measures are available in the New Jersey Stormwater Best Management Practices Manual. If the maintenance plan identifies a person other than the developer (for example, a public agency or homeowners' association) as having the responsibility for maintenance, the plan shall include documentation of such person's agreement to assume this responsibility, or of the developer's obligation to dedicate a stormwater management facility to such person under an applicable ordinance or regulation.

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.

If the person responsible for maintenance identified under Section 30-143B(2) above is not a public agency, the deed of record shall refer to the maintenance plan on file with the Borough of Millstone.

Preventative and corrective maintenance shall be performed to maintain the function of the stormwater management measure, including repairs or replacement to the structure; removal of sediment, debris, or trash; restoration of eroded areas; snow and ice removal; fence repair or replacement; restoration of vegetation; and repair or replacement of nonvegetated linings.

(6)

The person responsible for maintenance identified under Section 30-143B(2) above shall 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.

(7)

The person responsible for maintenance identified under Section 30-143B(2) above shall evaluate the effectiveness of the maintenance plan at least once per year and adjust the plan and the deed as needed.

(8)

The person responsible for maintenance identified under Section 30-143B(2) above shall retain and make available, upon request by any public entity with administrative, health, environmental, or safety authority over the site, the maintenance plan and the documentation required by Section 30-143B(6) and 30-143B(7) above.

(9)

The requirements of Sections 30-143B(3) and 30-143B(4) do not apply to stormwater management facilities that are dedicated to and accepted by the Borough or another governmental agency.

(10)

In the event that the stormwater management facility becomes a danger to public safety or public health, or if it is in need of maintenance, the Borough shall so notify the responsible person in writing. Upon receipt of that notice, the responsible person shall have 14 days to affect maintenance and repair of the facility in a manner that is approved by the Borough Engineer or his designee. If the responsible person fails or refuses to perform such maintenance and repair, the Borough or County may immediately proceed to do so and shall bill the cost thereof to the responsible person.

§ 30-144 PROHIBITIONS.

[Added 12-19-2005 by Ord. No. 2005-004]

Prohibited discharges.

No person in the Borough shall allow, or cause to allow, stormwater discharges into the Borough's separate storm sewer system which are not composed entirely of stormwater, except 1) as provided in Section 30-144A(2) below, and 2) discharges allowed under a State or Federal permit.

Discharges that may be allowed based on a finding by the Borough that the discharge(s) do not significantly contribute to pollution to surface waters of the State are:

Discharges from fire fighting activities.

Potable water sources including dechlorinated water line and fire hydrant flushings.

Irrigation drainage.

Routine external building washdown (which does not use detergents or other compounds).

Air conditioning condensate.

(f)

Water from individual residential car washing.

(g)

Spring water from crawl space pumps.

(h)

Uncontaminated water from foundation or from footing drains.

(i)

Flows from riparian habitats and wetlands.

(j)

Lawn watering.

(k)

Pavement washwaters where spills or leaks of toxic or hazardous materials have not occurred (unless all spill material has been removed) and where detergents are not used.

(l)

Dechlorinated swimming pool discharges.

(m)

Uncontaminated groundwater.

In the event that the Borough determines that any of the discharges identified in Section 30-144A(2) significantly contribute to pollution of waters of the State, or is so notified by NJDEP, the Borough will notify the responsible person to cease the discharge.

Upon notice provided by the Borough under Section 30-144A(3), the discharger will have a reasonable time, as determined by the Borough, to cease the discharge consistent with the degree of pollution caused by the discharge.

Nothing in this section shall affect a discharger's responsibilities under State law.

Prohibited connections.

The following connections are prohibited, except as provided in Section 30-144A(2) above:

Any drain or conveyance, whether on the surface or subsurface, which allows any nonstormwater discharge including sewage, process wastewater, and wash water to enter the separate storm sewer system and any connections to the storm drain system from indoor drains and sinks; and

Any drain or conveyance connected from a commercial or industrial land use to the separate storm sewer system which has not been documented in plans, maps, or equivalent records and approved by the Borough.

Roof drains.

Roof drains shall not be connected to streets, sanitary or storm sewers, or roadside ditches in order to promote overland flow and infiltration/percolation of stormwater where advantageous to do so.

When it is more advantageous to connect directly to streets or storm sewers, connections of roof drains to streets or roadside ditches may be permitted on a case by case basis as determined by the Borough.

Roof drains shall discharge to infiltration areas or vegetative BMPs to the maximum extent practicable.

Alteration of bmps.

No person shall modify, remove, fill, landscape, or alter any existing stormwater control or BMP unless it is part of an approved maintenance program without the written approval of the Borough.

No person shall place any structure, fill, landscaping, or vegetation into a stormwater control or BMP or within a drainage easement which would limit or alter the functioning of the stormwater control or BMP without the written approval of the Borough.

§ 30-145 ENFORCEMENT AND PENALTIES.

[Added 12-19-2005 by Ord. No. 2005-004]

Right-of-entry.

Upon presentation of proper credentials, duly authorized representatives of the Borough may enter at reasonable times upon any property within the Borough to inspect the implementation, condition, or operation and maintenance of the stormwater controls or BMPs in regard to any aspect governed by this Article V.

Stormwater control and BMP owners and operators shall allow persons working on behalf of the Borough ready access to all parts of the premises for the purposes of determining compliance with this Article V.

Persons working on behalf of the Borough shall have the right to temporarily locate on any stormwater control or BMP in the Borough such devices as are necessary to conduct monitoring and/or sampling of the discharges from such stormwater control or BMP.

Unreasonable delays in allowing the Borough access to a stormwater control or BMP is a violation of this Article V.

Municipal implementation of maintenance.

The Borough or its designee shall have the authority to perform maintenance if the applicant fails to do so, in which case it may charge the owner therefor.

Enforcement generally.

Whenever the Borough finds that a person has violated a prohibition or failed to meet a requirement of this Article V the Borough may order compliance by written notice to the responsible person. Such notice may, without limitation, require the following remedies:

Performance of monitoring, analyses, and reporting;

Elimination of prohibited connections or discharges;

Cessation of any violating discharges, practices, or operations;

Abatement or remediation of stormwater pollution or contamination hazards and the restoration of any affected property;

Payment of a fine to cover administrative and remediation costs;

(f)

Implementation of stormwater controls and BMPs; and

(g)

Operation and maintenance of stormwater controls and BMPs.

Failure to comply within the time specified shall also subject such person to the penalty provisions of this Article V. All such penalties shall be deemed cumulative and shall not prevent the Borough from pursuing any and all other remedies available in law or equity.

Suspension and revocation of permits and approvals.

Any building, land development, or other permit or approval issued by the Borough may be suspended or revoked by the Borough for:

Noncompliance with or failure to implement any provision of the permit;

A violation of any provision of this Article V; or

The creation of any condition or the commission of any act during construction or development which constitutes or creates a hazard or nuisance, pollution, or which endangers the life, health, or property of others.

A suspended permit or approval shall be reinstated by the Borough when:

The Borough Engineer or designee has inspected and approved the corrections to the stormwater controls and BMPs or the elimination of the hazard or nuisance, and/or

The Borough is satisfied that the violation of this Article V, law, or rule and regulation has been corrected.

A permit or approval that has been revoked by the Borough cannot be reinstated. The applicant may apply for a new permit under the procedures outlined in this Article V.

Penalties.

Any person violating the provisions of this Article V shall be subject to a fine of not less than $100 nor more than $1,000 for each violation, recoverable with costs; each day that the violation continues shall constitute a separate offense and the applicable fines are cumulative, as outlined in Section 30-153 herein.