[Added 4-21-2021 by Ord.
No. 2021-05]
a.
Policy statement. Flood control, groundwater recharge, and pollutant
reduction through nonstructural or low-impact techniques 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. It is the purpose of this section to establish minimum stormwater management requirements and controls for major development, as defined in Subsection 17-32.2.
c.
d.
Compatibility with other permit and ordinance requirements. Development
approvals issued for subdivisions and site plans pursuant to this
section 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 section 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 except that, where any provision of this section 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 4-21-2021 by Ord.
No. 2021-05]
Unless specifically defined below, words or phrases used in
this section shall be interpreted so as to give them the meaning they
have in common usage and to give this section its most reasonable
application. 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.
Those areas within boundaries accepted by the Department
pursuant to N.J.A.C. 7:7-13.16.
The geographic depiction of the boundaries for Coastal Planning
Areas, CAFRA centers, CAFRA cores and CAFRA nodes pursuant to N.J.A.C.
7:7E-5B.3.
An infiltration system, sand filter designed to infiltrate,
standard constructed wetland, or wet pond, established in accordance
with N.J.A.C. 7:8-4.2(c)14, that is designed and constructed in accordance
with the New Jersey Stormwater Best Management Practices Manual, or
an alternate design, approved in accordance with N.J.A.C. 7:8-5.2(g),
for an infiltration system, sand filter designed to infiltrate, standard
constructed wetland, or wet pond and that complies with the requirements
of this section.
The increase in soil bulk density.
The area from which stormwater runoff drains to a stormwater
management measure, not including the area of the stormwater management
measure itself.
A pedestrian-oriented area of commercial and civic uses serving
the surrounding municipality, generally including housing and access
to public transportation.
An agency designated by the County Board of Commissioners
to review municipal stormwater management plans and implementing ordinance(s).
The county review agency may either be:
The New Jersey Department of Environmental Protection.
A person professionally qualified and duly licensed in New
Jersey to perform engineering services that may include, but not necessarily
be limited to, development of project requirements, creation and development
of project design and preparation of drawings and specifications.
A state development and redevelopment plan center as designated
by the State Planning Commission, such as urban, regional, town, village,
or hamlet.
The division of a parcel of land into two or more parcels,
the construction, reconstruction, conversion, structural alteration,
relocation or 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, by any person,
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
lands, development means any activity that requires a state permit;
any activity reviewed by the County Agricultural Board (CAB) and the
State Agricultural Development Committee (SADC), and municipal review
of any activity not exempted by the Right to Farm Act, N.J.S.A. 4:1C-1
et seq.
The placement or reconstruction of impervious surface or
motor vehicle surface, or exposure and/or movement of soil or bedrock
or clearing, cutting, or removing of vegetation. Milling and repaving
is not considered disturbance for the purposes of this definition.
A geographic area within which stormwater, sediments, or
dissolved materials drain to a particular receiving water body or
to a particular point along a receiving water body.
A neighborhood designated by the Urban Coordinating Council
"in consultation and conjunction with" the New Jersey Redevelopment
Authority pursuant to N.J.S.A. 55:19-69.
The following areas where the physical alteration of the
land is in some way restricted, either through regulation, easement,
deed restriction or ownership, such as wetlands, floodplains, threatened
and endangered species sites or designated habitats, and parks and
preserves. Habitats of endangered or threatened species are identified
using the Department's Landscape Project as approved by the Department's
Endangered and Nongame Species Program.
An area or feature which is of significant environmental
value, including, but not limited to, stream corridors; natural heritage
priority sites; habitat of endangered or threatened species; large
areas of contiguous open space or upland forest; steep slopes; and
wellhead protection and groundwater recharge areas. Habitats of endangered
or threatened species are identified using the Department's Landscape
Project as approved by the Department's Endangered and Nongame Species
Program.
The detachment and movement of soil or rock fragments by
water, wind, ice, or gravity.
A stormwater management measure that manages stormwater close
to its source by:
An area within which water drains to a particular receiving
surface water body, also known as a "subwatershed," which is identified
by a fourteen-digit hydrologic unit boundary designation, delineated
within New Jersey by the United States Geological Survey.
A surface that has been covered with a layer of material
so that it is highly resistant to infiltration by water.
The process by which water seeps into the soil from precipitation.
One or more public entities having stormwater management
planning authority designated by the regional stormwater management
planning committee pursuant to N.J.A.C. 7:8-3.2, that serves as the
primary representative of the committee.
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 1/4 acre or more of regulated impervious surface
since February 2, 2004;
The creation of 1/4 acre or more of regulated motor vehicle
surface since March 2, 2021; or
A combination of Subsection a2 and 3 above that totals an area
of 1/4 acre or more. The same surface shall not be counted twice when
determining if the combination area equals 1/4 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 Subsection a1, 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.
Land vehicles propelled other than by muscular power, such
as automobiles, motorcycles, autocycles, and low-speed vehicles. For
the purposes of this definition, motor vehicle does not include farm
equipment, snowmobiles, all-terrain vehicles, motorized wheelchairs,
go-carts, gas buggies, golf carts, ski-slope grooming machines, or
vehicles that run only on rails or tracks.
Any pervious or impervious surface that is intended to be
used by motor vehicles and/or aircraft, and is directly exposed to
precipitation, including, but not limited to, driveways, parking areas,
parking garages, roads, racetracks, and runways.
Any city, borough, town, township, or village.
The manual maintained by the Department providing, in part, design specifications, removal rates, calculation methods, and soil testing procedures approved by the Department as being capable of contributing to the achievement of the stormwater management standards specified in this section. The BMP Manual is periodically amended by the Department as necessary to provide design specifications on additional best management practices and new information on already included practices reflecting the best available current information regarding the particular practice and the Department's determination as to the ability of that best management practice to contribute to compliance with the standards contained in this section. Alternative stormwater management measures, removal rates, or calculation methods may be utilized, subject to any limitations specified in this section, provided the design engineer demonstrates to the municipality, in accordance with Subsection 17-32.4g of this section and N.J.A.C. 7:8-5.2(g), that the proposed measure and its design will contribute to achievement of the design and performance standards established by this section.
An area designated by the State Planning Commission concentrating
facilities and activities which are not organized in a compact form.
A chemical element or compound, such as nitrogen or phosphorus,
which is essential to and promotes the development of organisms.
Any individual, corporation, company, partnership, firm,
association, the Borough of Beachwood, or political subdivision of
this state subject to municipal jurisdiction pursuant to the Municipal
Land Use Law, N.J.S.A. 40:55D-1 et seq.
Any dredged spoil, solid waste, incinerator residue, filter
backwash, sewage, garbage, refuse, oil, grease, sewage sludge, munitions,
chemical wastes, biological materials, medical wastes, radioactive
substance [except those regulated under the Atomic Energy Act of 1954,
as amended (42 U.S.C. § 2011 et seq.)], thermal waste, wrecked
or discarded equipment, rock, sand, cellar dirt, industrial, municipal,
agricultural, and construction waste or runoff, or other residue discharged
directly or indirectly to the land, groundwaters or surface waters
of the state, or to a domestic treatment works. "Pollutant" includes
both hazardous and nonhazardous pollutants.
The amount of water from precipitation that infiltrates into
the ground and is not evapotranspired.
Any of the following, alone or in combination:
A net increase of impervious surface;
The total area of impervious surface collected by a new stormwater
conveyance system (for the purpose of this definition, a "new stormwater
conveyance system" is a stormwater conveyance system that is constructed
where one did not exist immediately prior to its construction or an
existing system for which a new discharge location is created);
The total area of impervious surface proposed to be newly collected
by an existing stormwater conveyance system; and/or
The total area of impervious surface collected by an existing
stormwater conveyance system where the capacity of that conveyance
system is increased.
Any of the following, alone or in combination:
The total area of motor vehicle surface that is currently receiving
water;
A net increase in motor vehicle surface; and/or
Quality treatment either by vegetation or soil, by an existing
stormwater management measure, or by treatment at a wastewater treatment
plant, where the water quality treatment will be modified or removed.
Solid material, mineral or organic, that is in suspension,
is being transported, or has been moved from its site of origin by
air, water or gravity as a product of erosion.
The lot or lots upon which a major development is to occur
or has occurred.
All unconsolidated mineral and organic material of any origin.
An area delineated on the State Plan Policy Map and adopted
by the State Planning Commission that is intended to be the focus
for much of the state's future redevelopment and revitalization efforts.
The geographic application of the State Development and Redevelopment
Plan's goals and statewide policies, and the Official Map of these
goals and policies.
Water resulting from precipitation (including rain and snow)
that runs off the land's surface, is transmitted to the subsurface,
or is captured by separate storm sewers or other sewage or drainage
facilities, or conveyed by snow removal equipment.
An excavation or embankment and related areas designed to
retain stormwater runoff. A stormwater management BMP may either be
normally dry (that is, a detention basin or infiltration system),
retain water in a permanent pool (a retention basin), or be planted
mainly with wetland vegetation (most constructed stormwater wetlands).
Any practice, technology, process, program, or other method
intended to control or reduce stormwater runoff and associated pollutants,
or to induce or control the infiltration or groundwater recharge of
stormwater or to eliminate illicit or illegal nonstormwater discharges
into stormwater conveyances.
A public body authorized by legislation to prepare stormwater
management plans.
The geographic area for which a stormwater management planning
agency is authorized to prepare stormwater management plans, or a
specific portion of that area identified in a stormwater management
plan prepared by that agency.
Water flow on the surface of the ground or in storm sewers,
resulting from precipitation.
A flood hazard area in which the flood elevation resulting
from the two-, ten-, or 100-year storm, as applicable, is governed
by tidal flooding from the Atlantic Ocean. Flooding in a tidal flood
hazard area may be contributed to, or influenced by, stormwater runoff
from inland areas, but the depth of flooding generated by the tidal
rise and fall of the Atlantic Ocean is greater than flooding from
any fluvial sources. In some situations, depending upon the extent
of the storm surge from a particular storm event, a flood hazard area
may be tidal in the 100-year storm, but fluvial in more frequent storm
events.
A neighborhood given priority access to state resources through
the New Jersey Redevelopment Authority.
A zone designated by the New Jersey Enterprise Zone Authority
pursuant to the New Jersey Urban Enterprise Zones Act, N.J.S.A. 52:27H-60
et seq.
Previously developed portions of areas:
A structure within, or adjacent to, a water, which intentionally
or coincidentally alters the hydraulic capacity, the flood elevation
resulting from the two-, ten-, or 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.
The ocean and its estuaries, all springs, streams, wetlands,
and bodies of surface water or groundwater, whether natural or artificial,
within the boundaries of the State of New Jersey or subject to its
jurisdiction.
An area that is inundated or saturated by surface water or
groundwater 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 4-21-2021 by Ord.
No. 2021-05]
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 section apply 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 4-21-2021 by Ord.
No. 2021-05]
a.
The development shall incorporate a maintenance plan for the stormwater management measures incorporated into the design of a major development in accordance with Subsection 17-32.10.
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 13:1B-15.150, particularly
Helonias bullata (swamp pink) and/or Clemmys muhlenbergii (bog turtle).
c.
The following linear development projects are exempt from the groundwater recharge, stormwater runoff quantity, and stormwater runoff quality requirements of Subsection 17-32.4p, 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 groundwater recharge, stormwater runoff quantity, and stormwater runoff quality requirements of Subsection 17-32.4o, 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;
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 Subsection 17-32.4d3 above within the upstream drainage area of the receiving stream, that would provide additional opportunities to mitigate the requirements of Subsection 17-32.4o, p, q and r that were not achievable on-site.
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 Subsection 17-32.4o, 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 section, the
BMP Tables in the Stormwater Management Rule at N.J.A.C. 7:8-5.2(f)
shall take precedence.
|
Table 1
Green Infrastructure BMPs for Groundwater Recharge, Stormwater
Runoff Quality, and/or Stormwater Runoff Quantity
| ||||
|---|---|---|---|---|
|
Best Management Practice
|
Stormwater Runoff Quality TSS Removal Rate
|
Stormwater Runoff Quantity
|
Groundwater Recharge
|
Minimum Separation from Seasonal High-Water Table
(feet)
|
|
Cistern
|
0%
|
Yes
|
No
|
—
|
|
Dry well(a)
|
0%
|
No
|
Yes
|
2
|
|
Grass swale
|
50% or less
|
No
|
No
|
2(e)
1(f)
|
|
Green roof
|
0%
|
Yes
|
No
|
—
|
|
Manufactured treatment device(a) (g)
|
50% or 80%
|
No
|
No
|
Dependent upon the device
|
|
Pervious paving system(a)
|
80%
|
Yes
|
Yes(b)
No(c)
|
2(b)
1(c)
|
|
Small-scale bioretention basin(a)
|
80% or 90%
|
Yes
|
Yes(b)
No(c)
|
2(b)
1(c)
|
|
Small-scale infiltration basin(a)
|
80%
|
Yes
|
Yes
|
2
|
|
Small-scale sand filter
|
80%
|
Yes
|
Yes
|
2
|
|
Vegetative filter strip
|
60% to 80%
|
No
|
No
|
—
|
|
Table 2
Green Infrastructure BMPs for Stormwater Runoff Quantity
(or for Groundwater Recharge and/or Stormwater Runoff Quality
with a Waiver or Variance from N.J.A.C. 7:8-5.3)
| ||||
|---|---|---|---|---|
|
Best Management Practice
|
Stormwater Runoff Quality TSS Removal Rate
|
Stormwater Runoff Quantity
|
Groundwater Recharge
|
Minimum Separation from Seasonal High-Water Table
(feet)
|
|
Bioretention system
|
80% or 90%
|
Yes
|
Yes(b)
No(c)
|
2(b)
1(c)
|
|
Infiltration basin
|
80%
|
Yes
|
Yes
|
2
|
|
Sand filter(b)
|
80%
|
Yes
|
Yes
|
2
|
|
Standard constructed wetland
|
90%
|
Yes
|
No
|
N/A
|
|
Wet pond(d)
|
50% to 90%
|
Yes
|
No
|
N/A
|
|
Table 3
BMPs for Groundwater Recharge, Stormwater Runoff Quality, and/or
Stormwater Runoff Quantity
only with a Waiver or Variance from N.J.A.C. 7:8-5.3
| ||||
|---|---|---|---|---|
|
Best Management Practice
|
Stormwater Runoff Quality TSS Removal Rate
|
Stormwater Runoff Quantity
|
Groundwater Recharge
|
Minimum Separation from Seasonal High-Water Table
(feet)
|
|
Blue roof
|
0%
|
Yes
|
No
|
N/A
|
|
Extended detention basin
|
40% to 60%
|
Yes
|
No
|
1
|
|
Manufactured treatment device(h)
|
50% or 80%
|
No
|
No
|
Dependent upon the device
|
|
Sand filter(c)
|
80%
|
Yes
|
No
|
1
|
|
Subsurface gravel wetland
|
90%
|
No
|
No
|
1
|
|
Wet pond
|
50% to 90%
|
Yes
|
No
|
N/A
|
|
Notes to Tables 1, 2, and 3:
| |
|
(a)
|
Subject to the applicable contributory drainage area limitation specified at Subsection 17-32.4o2;
|
|
(b)
|
Designed to infiltrate into the subsoil;
|
|
(c)
|
Designed with underdrains;
|
|
(d)
|
Designed to maintain at least a ten-foot-wide area of native
vegetation along at least 50% of the shoreline and to include a stormwater
runoff retention component designed to capture stormwater runoff for
beneficial reuse, such as irrigation;
|
|
(e)
|
Designed with a slope of less than 2%;
|
|
(f)
|
Designed with a slope of equal to or greater than 2%;
|
|
(g)
|
Manufactured treatment devices that meet the definition of "green infrastructure" at Subsection 17-32.2;
|
|
(h)
|
Manufactured treatment devices that do not meet the definition of "green infrastructure" at Subsection 17-32.2.
|
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 Subsection 17-32.6b. Alternative stormwater management measures may be used to satisfy the requirements at Subsection 17-32.4o only if the measures meet the definition of "green infrastructure" at Subsection 17-32.2. Alternative stormwater management measures that function in a similar manner to a BMP listed at Subsection 17-32.4o2 are subject to the contributory drainage area limitation specified at Subsection 17-32.4o2 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 Subsection 17-32.4o2 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 Subsection 17-32.4d is granted from Subsection 17-32.4o.
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 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 Subsection 17-32.8c;
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, 5:21-7.4, and 5:21-7.5
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 Subsection 17-32.8; and
5.
The size of the orifice at the intake to the outlet from the stormwater
management BMP shall be a minimum of 2 1/2 inches in diameter.
j.
Manufactured treatment devices may be used to meet the requirements of this section provided the pollutant removal rates are verified by the New Jersey Corporation for Advanced Technology and certified by the Department. Manufactured treatment devices that do not meet the definition of "green infrastructure" at Subsection 17-32.2 may be used only under the circumstances described at Subsection 17-32.4o4.
k.
Any application for a new agricultural development that meets the definition of "major development" at Subsection 17-32.2 shall be submitted to the Soil Conservation District for review and approval in accordance with the requirements at Subsection 17-32.4o, 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 Subsection 17-32.4p, q and r shall be met in each drainage area, unless the runoff from the drainage areas converge on-site and no adverse environmental impact would occur as a result of compliance with any one or more of the individual standards being determined 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 Ocean County Clerk. A form of deed notice shall be submitted to the municipality for approval prior to filing. The deed notice shall contain a description of the stormwater management measure(s) used to meet the green infrastructure, groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at Subsection 17-32.4o, 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 Subsection 17-32.10b5. 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 Subsection 17-32.4 of this section 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 Ocean 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 Subsection 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 Subsection 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 Subsection 17-31.4p and q, the design engineer shall utilize green infrastructure BMPs identified in Table 1 at Subsection 17-32.4f and/or an alternative stormwater management measure approved in accordance with Subsection 17-32.4g. The following green infrastructure BMPs are subject to the following maximum contributory drainage area limitations:
|
Best Management Practice
|
Maximum Contributory Drainage Area
(acres)
|
|---|---|
|
Dry well
|
1
|
|
Manufactured treatment device
|
2.5
|
|
Pervious pavement systems
|
Area of additional inflow cannot exceed 3 times the area occupied
by the BMP
|
|
Small-scale bioretention systems
|
2.5
|
|
Small-scale infiltration basin
|
2.5
|
|
Small-scale sand filter
|
2.5
|
4.
If a variance in accordance with N.J.A.C. 7:8-4.6 or a waiver from strict compliance in accordance with Subsection 17-32.4d 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 Subsection 17-32.4g may be used to meet the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at Subsection 17-32.4p, 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 Subsection 17-32.4p, q and r, unless the project is granted a waiver from strict compliance in accordance with Subsection 17-32.4d.
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 Subsection 17-32.5, either:
(a)
Demonstrate through hydrologic and hydraulic analysis that the
site and its stormwater management measures maintain 100% of the average
annual preconstruction 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 two-year storm is infiltrated.
3.
This groundwater recharge requirement does not apply to projects within the "urban redevelopment area," or to projects subject to Subsection p4 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 1/4 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 Subsection q2 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.
|
|
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 Subsection 17-32.4p, 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)3i,
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 Subsection 17-32.5, complete one of the following:
(a)
Demonstrate through hydrologic and hydraulic analysis that for
stormwater leaving the site, post-construction runoff hydrographs
for the two-, ten-, and 100-year storm events do not exceed, at any
point in time, the preconstruction runoff hydrographs for the same
storm events;
(b)
Demonstrate through hydrologic and hydraulic analysis that there
is no increase, as compared to the preconstruction condition, in the
peak runoff rates of stormwater leaving the site for the two-, ten-
and 100-year storm events and that the increased volume or change
in timing of stormwater runoff will not increase flood damage at or
downstream of the site. This analysis shall include the analysis of
impacts of existing land uses and projected land uses assuming full
development under existing zoning and land use ordinances in the drainage
area;
(c)
Design stormwater management measures so that the post-construction
peak runoff rates for the two-, ten- and 100-year storm events are
50%, 75% and 80%, respectively, of the 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; or
(d)
In tidal flood hazard areas, stormwater runoff quantity analysis in accordance with Subsection r2(a), (b) and (c) above is required unless the design engineer demonstrates through hydrologic and hydraulic analysis that the increased volume, change in timing, or increased rate of the stormwater runoff, or any combination of the three will not result in additional flood damage below the point of discharge of the major development. No analysis is required if the stormwater is discharged directly into any ocean, bay, inlet, or the reach of any watercourse between its confluence with an ocean, bay, or inlet and downstream of the first water control structure.
3.
The stormwater runoff quantity standards shall be applied at the
site's boundary to each abutting lot, roadway, watercourse, or receiving
storm sewer system.
[Added 4-21-2021 by Ord.
No. 2021-05]
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, 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 at https://www.nrcs.usda.gov/Internet/FSE_DOCUMENTS/stelprdb1044171.pdf. or at United States Department of Agriculture Natural Resources Conservation Service, 220 Davidson 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 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 Subsection 17-32.5a1(a) and the Rational and Modified Rational Methods at Subsection 17-32.5a1(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).
3.
In computing preconstruction 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 and 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:
1.
The New Jersey 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 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, P.O.
Box 427, Trenton, New Jersey 08625-0420; (609) 984-6587.
[Added 4-21-2021 by Ord.
No. 2021-05]
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 4-21-2021 by Ord.
No. 2021-05]
a.
Site design features identified under Subsection 17-32.4f above or alternative designs in accordance with Subsection 17-32.4g 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 subsection, "solid and floatable materials" means sediment, debris, trash, and other floating, suspended, settleable solids. For exemptions to this standard see Subsection 17-32.7a2 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 7.0 square inches, or is no greater than
0.5 inch across the smallest dimension. Examples of grates subject
to this standard include grates in grate inlets, the grate portion
(non-curbing portion) of combination inlets, grates on storm sewer
manholes, ditch grates, trench grates, and grates of spacer bars in
slotted drains. Examples of ground surfaces include surfaces of roads
(including bridges), driveways, parking areas, bikeways, plazas, sidewalks,
lawns, fields, open channels, and stormwater system floors used to
collect stormwater from the surface into a storm drain or surface
water body.
(c)
For curb-opening inlets, including curb-opening inlets in combination
inlets, the clear space in that curb opening, or each individual clear
space if the curb opening has two or more clear spaces shall have
an area of no more than 7.0 square inches, or be no greater than 2.0
inches across the smallest dimension.
2.
The standard in Subsection 17-32.7a1 above does not apply:
(a)
Where each individual clear space in the curb opening in existing
curb-opening inlet does not have an area of more than 9.0 square inches;
(b)
Where the municipality agrees that the standards would cause
inadequate hydraulic performance that could not practicably be overcome
by using additional or larger storm drain inlets;
(c)
Where flows from the water quality design storm as specified
in N.J.A.C. 7:8 are conveyed through any device (e.g., end of pipe
netting facility, manufactured treatment device, or a catch basin
hood) that is design, at a minimum, to prevent delivery of all solid
and floatable materials that could not pass through one of the following:
(1)
A rectangular space 4 5/8 inches long and 1 1/2 inches
wide (this option does not apply for outfall netting facilities);
or
(2)
A bar screen having a bar spacing of 1/2 inch.
(3)
Note that these exemptions for 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 5:21-7.4(b)1].
(d)
Where flows are conveyed through a trash rack that has parallel
bars with one-inch spacing between the bars, to the elevation of the
water quality design storm as specified in N.J.A.C. 7:8; or
(e)
Where the New Jersey Department of Environmental Protection
determines, pursuant to the New Jersey Register of Historic Places
Rules at N.J.A.C. 7:4-7.2(c), that action to meet this standard is
an undertaking that constitutes an encroachment or will damage or
destroy the New Jersey Register listed historic property.
[Added 4-21-2021 by Ord.
No. 2021-05]
a.
This subsection sets forth requirements to protect public safety
through the proper design and operation of stormwater management BMP's.
This subsection applies to any new stormwater management BMPs.
b.
The provisions of this subsection 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 Subsection 17-32.8c1, 2, and 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.
(d)
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.
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 lbs./ft. sq.
3.
Stormwater management BMP's 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 reviewing agency identified in Subsection 17-32.8c, a freestanding outlet structure may be exempted from this requirement.
(b)
Safety ledges shall be constructed on the slopes of all new stormwater management BMP having a permanent pool of water deeper than 2 1/2 feet. Such safety ledges shall be comprised of two steps. Each step shall be four feet to six feet in width. One step shall be located approximately 2 1/2 feet below the permanent water surface, and the second step shall be located one foot to 1 1/2 feet above the permanent water surface. See Subsection 17-32.8e for an illustration of safety ledges in a stormwater management basin.
(c)
In new stormwater management BMP, 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 standards.
1.
A variance or exemption from the safety standards for stormwater
management basins 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 4-21-2021 by Ord.
No. 2021-05]
a.
Submission of site development stormwater plan.
1.
Whenever an applicant seeks municipal approval of a development subject to this section, the applicant shall submit all of the required components of the Checklist for the Site Development Stormwater Plan at Subsection 17-32.9c below as part of the submission of the applicant's application for subdivision or site plan approval.
2.
The applicant shall demonstrate that the project meets the standards
set forth in this section.
b.
Site development stormwater 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 engineer retained by the Planning and/or Zoning Board (as appropriate)
to determine if all of 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 base map. The reviewing engineer may require upstream
tributary drainage system information as necessary. It is recommended
that the topographic base map of the site be submitted which extends
a minimum of 200 feet beyond the limits of the proposed development,
at a scale of one inch equals 200 feet or greater, showing two-foot
contour intervals. The map, as appropriate, may indicate the following:
existing surface water drainage, shorelines, steep slopes, soils,
erodible soils, perennial or intermittent streams that drain into
or upstream of the Category One waters, wetlands and floodplains along
with their appropriate buffer strips, marshlands and other wetlands,
pervious or vegetative surfaces, existing man-made structures, roads,
bearing and distances of property lines, and significant natural and
man-made features not otherwise shown.
2.
Environmental site analysis. A written and graphic description of
the natural and man-made features of the site and its surrounding
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 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 groundwater elevations. A
written description of the site plan and justification of proposed
changes in natural conditions may also be provided.
4.
Land use planning and source control plan. This plan shall provide a demonstration of how the goals and standards of Subsections 17-32.3 through 17-32.5 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 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 Subsection 17-32.4 of this section.
(b)
When the proposed stormwater management control measures depend
on the hydrologic properties of soils or require certain separation
from the seasonal high-water table, then a soils report shall be submitted.
The soils report shall be based on on-site boring logs or soil pit
profiles. The number and location of required soil borings or soil
pits shall be determined based on what is needed to determine the
suitability and distribution of soils 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 Subsection 17-32.10.
8.
Waiver from submission requirements. The municipal official or board reviewing an application under this section may, in consultation with the Municipal Engineer, waive submission of any of the requirements in Subsection 17-32.9c1 through 6 of this section 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 4-21-2021 by Ord.
No. 2021-05]
b.
General maintenance.
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 BPM Manual, as well as the tasks specific to the type of BMP, as described in the applicable chapter containing design specifics.
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 person responsible for maintenance identified under Subsection 17-32.10b3 above is not a public agency, the maintenance plan and any future revisions based on Subsection 17-32.10b7 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 nonvegetated linings.
7.
The party responsible for maintenance identified under Subsection 17-32.10b3 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 Subsection 17-32.10b6 and 7 above.
8.
The requirements of Subsection 17-32.10b3 and 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 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 4-21-2021 by Ord.
No. 2021-05]
Any person(s) who erects, constructs, alters, repairs, converts,
maintains, or uses any building, structure or land in violation of
this section shall be subject to a fine of not more than $1,000 for
each separate offense and/or confinement in the Ocean County Jail
for a period of not more than 90 days.
[Added 4-21-2021 by Ord.
No. 2021-05]
This section shall take effect immediately upon the approval
by the county review agency, or 60 days from the receipt of the section
by the county review agency if the county review agency should fail
to act.
[Added 4-21-2021 by Ord.
No. 2021-05]
If the provisions of any subsection, paragraph, subdivision,
or clause of this section shall be judged invalid by a court of competent
jurisdiction, such order of judgment shall not affect or invalidate
the remainder of any subsection, paragraph, subdivision, or clause
of this section.
[Ord. #2006-08, § I]
a.
Purpose.
1.
It is hereby determined that:
(a)
Land development projects and associated disturbance of vegetation
and soil and changes in land cover, including increases in impervious
cover, alter the hydrologic response of local watersheds and increase
stormwater runoff rates and volumes. If inadequately or improperly
managed, this stormwater runoff can deplete groundwater resources
and increase flooding, stream channel erosion, and sediment transport
and deposition.
(b)
This stormwater runoff contributes to increased quantities of
waterborne pollutants.
(c)
Increases of stormwater runoff, soil erosion and nonpoint source
pollutants have occurred in the past as a result of land development,
and contribute to the degradation the water resources of Beachwood
Borough.
(d)
Certain lands of Beachwood Borough lie within the Pinelands
Area, and therefore, development in this portion of Beachwood Borough
is subject to the requirements of the Pinelands Protection Act (N.J.S.A.
13:18A-1 et seq.) and the implementing regulations and minimum standards
contained in the Pinelands Comprehensive Management Plan (N.J.A.C.
7:50-1.1 et seq.) (CMP). The purpose and intent of these regulations
and standards is to promote orderly development of the Pinelands so
as to preserve and protect the significant and unique natural, ecological,
agricultural, archaeological, historical, scenic, cultural and recreational
resources of the Pinelands.
(e)
Pinelands Area resources are to be protected in accordance with
Pinelands Comprehensive Management Plan at N.J.A.C. 7:50 et seq.,
New Jersey's Stormwater Management Rules at N.J.A.C. 7:8-1.1 et seq.
and New Jersey's surface water quality antidegradation policies contained
in the New Jersey Surface Water Quality Standards at N.J.A.C. 7:9B-1.1
et seq. Permitted uses shall maintain the ecological character and
quality of the Pinelands, including good water quality and natural
rates and volumes of flow.
(f)
Increased stormwater rates and volumes and the sediments and
pollutants associated with stormwater runoff from future development
projects within the Pinelands Area have the potential to adversely
affect Beachwood Borough's streams and water resources and the streams
and water resources of downstream municipalities.
(g)
Stormwater runoff, soil erosion and nonpoint source pollution
can be controlled and minimized through the regulation of stormwater
runoff from development sites.
(h)
It is in the public interest to regulate the discharge of stormwater runoff from "major development" projects, as defined in subsection 17-33.7 of this section, conducted within the Pinelands Area, as provided in this section, in order to control and minimize increases in stormwater runoff rates and volumes, to maintain groundwater recharge, and to control and minimize soil erosion, stream channel erosion and nonpoint source pollution associated with stormwater runoff.
2.
Therefore, it is the purpose of this section to establish minimum
stormwater management requirements and controls for major development,
consistent with the statewide stormwater requirements at N.J.A.C.
7:8, the regulations and standards contained in the Pinelands CMP,
and the provisions of the adopted Master Plan and land use ordinances
of the Borough of Beachwood.
b.
Goals and techniques.
1.
Through this section, Beachwood Borough has established the following
goals for stormwater control:
(a)
To reduce flood damage, including damage to life and property;
(b)
To minimize any increase in stormwater runoff from new development;
(c)
To reduce soil erosion from any development or construction
project;
(d)
To assure the adequacy of existing and proposed culverts and
bridges, and other in-stream structures;
(e)
To maintain groundwater recharge;
(f)
To minimize any increase in nonpoint pollution;
(g)
To maintain the integrity of stream channels for their biological
functions, as well as for drainage;
(h)
To restore, protect, maintain and enhance the quality of the
streams and water resources of Beachwood Borough and the ecological
character and quality of the Pinelands Area;
(i)
To minimize pollutants in stormwater runoff from new and existing
development in order to restore, protect, enhance and maintain the
chemical, physical and biological integrity of the surface and groundwaters
of Beachwood Borough, to protect public health and to enhance the
domestic, municipal, recreational, industrial and other uses of water;
and
(j)
To protect public safety through the proper design and operation
of stormwater management basins.
2.
In order to achieve the goals for stormwater control set forth in
this section, Beachwood Borough has identified the following management
techniques:
(a)
Implementation of multiple stormwater management Best Management
Practices (BMPs) may be necessary to achieve the performance standards
for stormwater runoff quantity and rate, groundwater recharge, erosion
control, and stormwater runoff quality established through this section.
(b)
Compliance with the stormwater runoff quantity and rate, groundwater
recharge, erosion control, and stormwater runoff quality standards
established through N.J.A.C. 7:8-I.1 et seq., and this section, shall
be accomplished to the maximum extent practicable through the use
of nonstructural BMPs, before relying on structural BMPs. Nonstructural
BMPs are also known as Low Impact Development (LID) techniques.
(c)
Nonstructural BMPs shall include both environmentally sensitive
site design and source controls that prevent pollutants from being
placed on the site or from being exposed to stormwater.
(d)
Source control plans shall be developed based upon physical
site conditions and the origin, nature and the anticipated quantity
or amount of potential pollutants.
(e)
Structural BMPs, where necessary, shall be integrated with nonstructural
stormwater management strategies and proper maintenance plans.
(f)
When using structural BMPs, multiple stormwater management measures,
smaller in size and distributed spatially throughout the land development
site, shall be used wherever possible to achieve the performance standards
for water quality, quantity and groundwater recharge established through
this section before relying on a single, larger stormwater management
measure to achieve these performance standards.
c.
Applicability.
1.
This section shall apply to:
(a)
All site plans and subdivisions for major developments occurring
within the Pinelands Area that require preliminary or final site plan
or subdivision review; and
(b)
All major development projects undertaken by Beachwood Borough
shall comply with this section.[1]
[1]
This clause is intended to provide consistency with DEP's
stormwater management requirements. As per normal practice, all development
within the Pinelands Area which is undertaken by a Pinelands Area
municipality shall comply with all of the requirements of the CMP.
d.
Procedures. In addition to other development review procedures set forth in the Code of Beachwood Borough, major developments located within the Pinelands Area shall comply with the stormwater management requirements and specifications set forth in this section. New agricultural development that meets the definition of major development in subsection 17-33.7 of this section shall be submitted to the appropriate Soil Conservation District for review and approval in accordance with the requirements of N.J.A.C. 5.4(b)7:8.
e.
Compatibility with other permit and ordinance requirements.
1.
Development approvals issued for subdivisions and site plans pursuant
to this section are to be considered an integral part of development
approvals under this 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
ordinance, code, rule, regulation, statute, act or other provision
of law.
2.
In their interpretation and application, the provisions of this section
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 annual any other ordinances,
rule or regulation, statute, or other provision of law except that,
where any provision of this section imposes restrictions different
from those imposed by any other ordinance, rule or regulation, or
other provision of law, the more restrictive or stringent provisions
or higher standards shall control.
3.
In the event that a regional stormwater management plan(s) is prepared
and formally adopted pursuant to N.J.A.C. 7:8-1.1 et seq. for any
drainage area(s) or watershed(s) of which Beachwood Borough is a part,
the stormwater provisions of such a plan(s) shall be adopted by Beachwood
Borough within one (1) year of the adoption of a Regional Stormwater
Management Plan (RSWMP) as an amendment to an Areawide Water Quality
Management Plan. Local ordinances proposed to implement the RSWMP
shall be submitted to the Commission for certification within six
(6) months of the adoption of the RSWMP per N.J.A.C. 7:8 and the Pinelands
CMP (N.J.A.C. 7:50).
[Ord. #2006-08, § II]
a.
Submission of site development stormwater plan.
1.
Whenever an applicant seeks municipal approval of a site development that is subject to this section, the applicant shall submit all of the required components of the Checklist for the Site Development Stormwater Plan at subsection 17-33.2c below as part of the applicant's application for subdivision or site plan approval. These required components are in addition to any other information required under any provisions of Beachwood Borough's Land Use Ordinance or by the Pinelands Commission pursuant to N.J.A.C. 7:50-1.1 et seq.
2.
The applicant shall demonstrate that the site development project
meets the standards set forth in this section.
b.
Site development stormwater plan approval.
1.
The applicant's site development stormwater plan 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 engineer retained by the Planning
and/or Zoning Board (as appropriate) to determine if all of the checklist
requirements have been satisfied and to determine if the project meets
the standards set forth in this section.
c.
Checklist requirements. Any application
for approval of a major development shall include at least the following
information. All required engineering plans shall be submitted to
the Beachwood Borough and the Pinelands Commission in CAD Format 15
or higher, registered and rectified to NJ State Plane Feet NAD 83
or Shape Format NJ State Plan Feet NAD 83, and all other documents
shall be submitted in both paper and commonly used electronic file
such as pdf., word processing, database or spreadsheet files. Three
(3) copies of each item shall be submitted.
1.
Topographic base map. The applicant shall submit a topographic base
map of the site which extends a minimum of three hundred (300') feet
beyond the limits of the proposed development, at a scale of one inch=200
feet or greater, showing one foot contour intervals. The map shall
indicate the following: existing surface water drainage, shorelines,
steep slopes, soils, highly erodible soils, perennial or intermittent
streams that drain into or upstream of any Category One or Pinelands
Waters, wetlands and floodplains along with their appropriate buffer
strips, marshlands and other wetlands, pervious or vegetative surfaces,
existing surface and subsurface human-made structures, roads, bearing
and distances of property lines, and significant natural and man-made
features not otherwise shown. Beachwood Borough or the Pinelands Commission
may require upstream tributary drainage system information as necessary.
2.
Environmental site analysis. The applicant shall submit a written
description along with the drawings of the natural and human-made
features of the site and its environs. This description should include:
(a)
A discussion of environmentally critical areas, 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 for or
constraints on development; and
(b)
Detailed soil and other environmental conditions on the portion
of the site proposed for installation of any stormwater BMPs, including,
at a minimum: soils report based on on-site soil tests; locations
and spot elevations in plain view of test pits and permeability tests;
permeability test data and calculations; and any other required soil
data (e.g., mounding analyses results) correlated with location and
elevation of each test site; cross-section of proposed stormwater
BMP with side-by-side depiction of soil profile drawn to scale and
seasonal high water table elevation identified; and any other information
necessary to demonstrate the suitability of the specific proposed
structural and nonstructural stormwater management measures relative
to the environmental conditions on the portion(s) of the site proposed
for implementation of those measures.
3.
Project description and site plan(s). The applicant shall submit
a map (or maps) at the scale of the topographical base map indicating
the location of existing and proposed buildings, roads, parking areas,
utilities, structural facilities for stormwater management and sediment
control, and other permanent structures. The map(s) shall also clearly
show areas where alterations will occur in the natural terrain and
cover, including lawns and other landscaping, and seasonal high groundwater
elevations. A written description of the site plan and justification
for proposed changes in natural conditions shall also be provided.
4.
Land Use Planning and Source Control Plan.
(a)
The applicant shall submit a detailed Land Use Planning and Source Control Plan which provides a description of how the site will be developed to meet the erosion control, groundwater recharge and stormwater runoff quantity and quality standards at subsection 17-33.4 through use of nonstructural or low impact development techniques and source controls to the maximum extent practicable before relying on structural BMPs. The Land Use Planning and Source Control Plan shall include a detailed narrative and associated illustrative maps and/or plans that specifically address how each of the following nine (9) nonstructural strategies identified in Subchapter 5 of the NJDEP Stormwater Management Rules (N.J.A.C. 7:8-5) and set forth below (paragraph 4(a)(1—9)) will be implemented to the maximum extent practicable to meet the standards at subsection 17-33.4 of this section on the site. If one (1) or more of the nine (9) nonstructural strategies will not be implemented on the site, the applicant shall provide a detailed rationale establishing a basis for the contention that use of the strategy is not practicable on the site.
(1)
Protect areas that provide water quality benefits or areas particularly
susceptible to erosion and sediment loss;
(2)
Minimize impervious surfaces and break up or disconnect the
flow of runoff over impervious surfaces;
(3)
Maximize the protection of natural drainage features and vegetation;
(4)
Minimize the decrease in the predevelopment "time of concentration;"
(5)
Minimize land disturbance including clearing and grading;
(6)
Minimize soil compaction and all other soil disturbance;
(7)
Provide low-maintenance landscaping that provides for the retention
and planting of native plants and minimizes the use of lawns, fertilizers
and pesticides, in accordance with N.J.A.C. 7:50-6.24;
(8)
Provide vegetated open-channel conveyance systems discharging
into and through stable vegetated areas; and
(9)
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 shall include, but are not limited to:
[a]
Site design features that help to prevent accumulation
of trash and debris in drainage systems;
[b]
Site design features that help to prevent discharge
of trash and debris from drainage systems;
[c]
Site design features that help to prevent and/or
contain spills or other harmful accumulations of pollutants at industrial
or commercial developments; and
[d]
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, when establishing vegetation
after land disturbance.
(b)
For sites where stormwater will be generated from "high pollutant loading areas" or where stormwater will be exposed to "source material," as defined in subsection 17-33.7 of this section, the applicant shall also demonstrate in the Land Use Planning and Source Control Plan that the requirements of subsection 17-33.4 have been met.
(c)
The use of nonstructural strategies to meet the performance standards in subsection 17-33.4 of this section is not required for development sites creating less than one (1) acre of disturbance. However, each application for major development and any other application where Beachwood Borough otherwise requires a landscaping plan shall contain a landscaping or revegetation plan in accordance with the CMP standards at N.J.A.C. 7:50-6.24(c). In addition, the applicant shall demonstrate that, at a minimum, existing trees and vegetation on the development site will be preserved and protected according to the minimum standards established by provisions of the Beachwood Borough Land Use Ordinance, Zoning Ordinance or by conditions of zoning or variance approval.
5.
Stormwater Management Facilities Map. The applicant shall submit
a map, at the same scale as the topographic base map, depicting the
following information:
(a)
The total area to be disturbed, paved and/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 manage and dispose of stormwater; and
(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 (if applicable)
and emergency spillway provisions with maximum discharge capacity
of each spillway.
6.
Calculations (groundwater recharge and stormwater runoff rate, volume and quality). The applicant shall submit comprehensive hydrologic and hydraulic design calculations for the pre-development and post-development conditions for the design storms specified in subsection 17-33.3. The standards for groundwater recharge and stormwater runoff rate, volume and quality required by subsection 17-33.4 shall be met using the methods, calculations and assumptions provided in subsection 17-33.3.
7.
Inspection, maintenance and repair plan. The applicant shall submit a detailed plan describing how the proposed stormwater management measure(s) shall meet the maintenance and repair requirements of subsection 17-33.6 of this section. Said plan shall include, at a minimum, the following elements:
(a)
The frequency with which inspections will be made;
(b)
The specific maintenance tasks and requirements for each proposed
structural and nonstructural BMP;
(c)
The name, address and telephone number for the entity responsible
for implementation of the maintenance plan;
(d)
The reporting requirements; and
(e)
Copies of the inspection and maintenance reporting sheets.
8.
Exception from submission requirements. An exception may be granted from submission of any of these required components (except paragraph 7 above, Inspection, maintenance, and repair plan) if its absence will not materially affect the review process. However, items required pursuant to the application requirements in the Ordinance No. 2006-08 codified herein as Section 17-33 shall be submitted to the NJ Pinelands Commission unless the Executive Director waives or modifies the application requirements.
[Ord. #2006-08, § III; Ord. #2006-24, §§ 1,
2]
a.
Method of calculating stormwater runoff rate and volume.
1.
In complying with the Stormwater Runoff Quantity and Rate Standards in subsection 17-33.4b, the design engineer shall calculate the stormwater runoff rate and volume using the USDA Natural Resources Conservation Service (NRCS) Runoff Equation, Runoff Curve Numbers, and Dimensionless Unit Hydrograph, as described in the NRCS National Engineering Handbook Part 630 — Hydrology and Technical Release 55 — Urban Hydrology for Small Watersheds, incorporated herein by reference, as amended and supplemented. Alternative methods of calculation may be utilized, provided such alternative methods are at least as protective as the NRCS methodology when considered on a regional stormwater basis.
2.
In calculating stormwater runoff using the NRCS methodology, the
design engineer shall separately calculate and then combine the runoff
volumes from pervious and directly connected impervious surfaces within
each drainage area within the parcel.
3.
Calculation of stormwater runoff from unconnected impervious surfaces
shall be based, as applicable, upon the Two-Step method described
in the current New Jersey Stormwater Best Management Practices Manual
or the NRCS methodology.
4.
In calculating stormwater runoff using the NRCS methodology, the
design engineer shall use appropriate 24-hour rainfall depths as developed
for the project site by the National Oceanic and Atmospheric Administration,
available online at http://hdsc.nws.noaa.gov/hdsc/pfds/index.html.
5.
When calculating stormwater runoff for predeveloped site conditions,
the design engineer shall use the following criteria:
(a)
When selecting or calculating Runoff Curve Numbers (CNs) for
predeveloped project site conditions, the project site's land cover
shall be assumed to be woods in good condition. However, another land
cover may be used to calculate runoff coefficients if:
(1)
Such land cover has existed at the site or portion thereof without
interruption for at least five (5) years immediately prior to the
time of application; and
(2)
The design engineer can document the character and extent of
such land cover through the use of photographs, affidavits, and/or
other acceptable land use records.
(b)
If more than one (1) land cover has existed on the site during
the five (5) years immediately prior to the time of application, the
land cover with the lowest runoff potential shall be used for the
computations.
(c)
All predeveloped land covers shall be assumed to be in good
hydrologic condition and, if cultivated, shall be assumed to have
conservation treatment.
(d)
In calculating predeveloped site stormwater runoff, the design
engineer shall include the effects of all land features and structures,
such as ponds, wetlands, depressions, hedgerows, and culverts, that
affect predeveloped site stormwater runoff rates and/or volumes.
(e)
Where tailwater will affect the hydraulic performance of a stormwater
management measure, the design engineer shall include such effects
in the measure's design.
b.
Method of calculating stormwater runoff quality.
1.
In complying with the Stormwater Runoff Quality Standards in subsection 17-33.4f,1, the design engineer shall calculate the stormwater runoff rate and volume using the USDA Natural Resources Conservation Service (NRCS) Runoff Equation, Runoff Curve Numbers, and Dimensionless Unit Hydrograph, as described in the NRCS National Engineering Handbook Part 630 — Hydrology and Technical Release 55 — Urban Hydrology for Small Watersheds, as amended and supplemented.
2.
The design engineer shall also use the NJDEP Water Quality Design
Storm, which is one and one-quarter (1.25") inches of rainfall in
a nonlinear pattern in two (2) hours. Details of the Water Quality
Design Storm are shown in Table 1.
3.
Calculation of runoff volumes, peak rates, and hydrographs for the
Water Quality Design Storm may take into account the implementation
of nonstructural and structural stormwater management measures.
|
Table 1: Water Quality Design Storm Distribution
| |
|---|---|
|
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
|
4.
Total Suspended Solids (TSS) reduction calculations.
(a)
If more than one (1) stormwater BMP in series is necessary to
achieve the required eighty (80%) percent TSS reduction for a site,
the applicant shall utilize the following formula to calculate TSS
reduction:.
|
R = A + B -- (AxB)/100
|
|
R = total TSS percent load removal from application of both
BMPs;
|
|
A = the TSS percent removal rate applicable to the first BMP;
and
|
|
B = the TSS percent removal rate applicable to the second BMP.
|
(b)
If there is more than one (1) on-site drainage area, the eighty
(80%) percent 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.
5.
TSS removal rates for stormwater BMPs.
(a)
For purposes of TSS reduction calculations, Table 2 presents the presumed removal rates for certain BMPs designed in accordance with the New Jersey BMP Manual. The BMP Manual may be obtained from the address identified in subsection 17-33.12a or found on the NJDEP's website at www.njstormwater.org. TSS reduction shall be calculated based on the removal rates for the BMPs in Table 2.
(b)
Alternative stormwater management measures, 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 Beachwood Borough. Any alternative stormwater
management measure, removal rate or method of calculating the removal
rate shall be subject to approval by Beachwood Borough and a copy
shall be provided to the following:
(1)
The Division of Watershed Management, New Jersey Department
of Environmental Protection, PO Box 418 Trenton, NJ, 08625-0418; and
(2)
The New Jersey Pinelands Commission, PO Box 7, New Lisbon, NJ,
08064.
|
Table 2: Pollutant Removal Rates for BMPs[1]
| |||
|---|---|---|---|
|
Best Management Practice
|
TSS Percent Removal Rate
|
Total Phosphorus Percent Removal Rate
|
Total Nitrogen Percent Removal Rate
|
|
Bioretention Systems
|
90
|
60
|
30
|
|
Constructed Stormwater Wetland
|
90
|
50
|
30
|
|
Extended Detention Basin
|
40-60
[final rate based upon detention time; see New Jersey BMP Manual,
Chap. 9]
|
20
|
20
|
|
Infiltration Basin
|
80
|
60
|
50
|
|
Manufactured Treatment Device
|
Pollutant removal rates as certified by NJDEP; see subsection 17-33.3
|
Pollutant removal rates as certified by NJDEP; see subsection 17-33.3
|
Pollutant removal rates as certified by NJDEP; see subsection 17-33.3
|
|
Pervious Paving Systems
|
80 (porous paving)
|
60
|
50
|
|
80 (permeable pavers with storage bed)
| |||
|
0 — volume reduction only (permeable pavers without storage
bed)
|
0 — volume reduction only (permeable pavers without storage
bed)
|
0 — volume reduction only (permeable pavers without storage
bed)
| |
|
Sand Filter
|
80
|
50
|
35
|
|
Vegetative Filter Strip (For filter strips with multiple vegetated
covers, the final TSS removal rate should be based upon a weighted
average of the adopted rates shown in Table 2, based upon the relative
flow lengths through each cover type.)
|
60 (turf grass)
|
30
|
30
|
|
70 (native grasses, meadow and planted woods)
| |||
|
80 (indigenous woods)
| |||
|
Wet Pond/Retention Basin
|
50-90 (final rate based upon pool volume and detention time;
see NJ BMP Manual)
|
50
|
30
|
6.
Nutrient removal rates for stormwater BMPs. For purposes of post-development nutrient load reduction calculations, Table 2 presents the presumed removal rates for certain BMPs designed in accordance with the New Jersey BMP Manual. If alternative stormwater BMPs are proposed, the applicant shall demonstrate that the selected BMPs will achieve the nutrient removal standard required in subsection 17-33.4f.
c.
Methods of calculating groundwater recharge.
1.
In complying with the groundwater recharge requirements in subsection 17-33.4c,1(a), the design engineer may calculate groundwater recharge in accordance with the New Jersey Groundwater Recharge Spreadsheet (NJGRS) computer program incorporated herein by reference as amended and supplemented. Information regarding the methodology is available in subsection 17-33.11a or from the New Jersey BMP Manual.
2.
Alternative groundwater recharge calculation methods to meet these
requirements may be used upon approval by the Municipal Engineer.
3.
In complying with the groundwater recharge requirements in subsection 17-33.4c,1(b), the design engineer shall:
(a)
Calculate stormwater runoff volumes in accordance with the USDA
Natural Resources Conservation Service (NRCS) methodology, including
the NRCS Runoff Equation and Runoff Curve Numbers, as described in
the NRCS National Engineering Handbook Part 630 — Hydrology
and Technical Release 55 — Urban Hydrology for Small Watersheds
as amended and supplemented; and
(b)
Use appropriate 2-year, 24-hour rainfall depths as developed
for the project site by the National Oceanic and Atmospheric Administration,
available online at http://hdsc.nws.noaa.gov/hdsc/pfds/index.html.
4.
When calculating groundwater recharge or stormwater runoff for predeveloped
site conditions, the design engineer shall use the following criteria:
(a)
When selecting land covers or calculating Runoff Curve Numbers
(CNs) for pre-developed project site conditions, the project site's
land cover shall be assumed to be woods. However, another land cover
may be used to calculate runoff coefficients if:
(1)
Such land cover has existed at the site or portion thereof without
interruption for at least five (5) years immediately prior to the
time of application; and
(2)
The design engineer can document the character and extent of
such land cover through the use of photographs, affidavits, and/or
other acceptable land use records.
(b)
If more than one (1) land cover, other than woods, has existed
on the site during the five (5) years immediately prior to the time
of application, the land cover with the lowest runoff potential (including
woods) shall be used for the computations.
(c)
All predeveloped land covers shall be assumed to be in good
hydrologic condition and, if cultivated, shall be assumed to have
conservation treatment.
[Ord. #2006-08, § IV; Ord. #2006-24, §§ 3—6;
Ord. #2007-11, § 1]
a.
Nonstructural stormwater management strategies.
1.
To the maximum extent practicable, the performance standards in subsection 17-33.4 for major development shall be met by incorporating the nine (9) nonstructural strategies identified in Subchapter 5 of the NJ Stormwater Management Rules (N.J.A.C. 7:8-5), and set forth in subsection 17-33.2c,4(a), into the design. The applicant shall identify within the Land Use Planning and Source Control Plan required by subsection 17-33.2c,4 of this section how each of the nine (9) nonstructural measures will be incorporated into the design of the project to the maximum extent practicable.
2.
If the applicant contends that it is not practical for engineering, environmental or safety reasons to incorporate any of the nine (9) nonstructural strategies into the design of a particular project, the applicant shall provide a detailed rationale establishing a basis for the contention that use of the strategy is not practical on the site. This rationale shall be submitted in accordance with the Checklist Requirements established by subsection 17-33.2 to Beachwood Borough. A determination by Beachwood Borough that this rationale is inadequate or without merit shall result in a denial of the application unless one (1) of the following conditions are met:
(a)
The Land Use Planning and Source Control Plan is amended to
include a description of how all nine (9) nonstructural measures will
be implemented on the development site, and the amended Plan is approved
by Beachwood Borough;
(b)
The Land Use Planning and Source Control Plan is amended to provide an alternative nonstructural strategy or measure that is not included in the list of nine (9) nonstructural measures, but still meets the performance standards in subsection 17-33.4, and the amended Plan is approved by Beachwood Borough; or
(c)
The Land Use Planning and Source Control Plan is amended to
provide an adequate rationale for the contention that use of the particular
strategy is not practical on the site, and the amended Plan is approved
by Beachwood Borough.
3.
In addition to all other requirements of this section, each applicant
shall demonstrate that, at a minimum, existing trees and vegetation
on the development site will be preserved, protected and maintained
according to the minimum standards established by provisions of the
Beachwood Borough Land Use Ordinance, Zoning Ordinance or by conditions
of zoning or variance approval. Existing trees and vegetation shall
be protected during construction activities in accordance with the
"Standard for Tree Protection During Construction" provided in the
NJ State Soil Conservation Committee Standards for Soil Erosion and
Sediment Control in New Jersey, which is incorporated herein by reference
as amended and supplemented.
4.
In addition to all other requirements of this section, each application
for major development, and any other application where Beachwood Borough
otherwise requires a landscaping plan, shall contain a landscaping
or revegetation plan in accordance with the Pinelands CMP standards
at N.J.A.C. 7:50-6.24(c).
5.
Any land area used as a nonstructural stormwater management measure to meet the performance standards in subsection 17-33.4 shall be dedicated to a government entity; shall be subjected to a conservation easement filed with the appropriate County Clerk's office; or shall be subjected to an equivalent form of restriction approved by Beachwood that ensures that that measure, or equivalent stormwater management measure is maintained in perpetuity, as detailed in subsection 17-33.6 of this section.
6.
Guidance for nonstructural stormwater management strategies is available in the New Jersey BMP Manual, which may be obtained from the address identified in subsection 17-33.12a or found on the NJDEP's website at www.njstormwater.org.
7.
Exception for major development sites creating less than one (1) acre of disturbance. The use of nonstructural strategies to meet the performance standards in subsection 17-33.4 of this section is not required for major development creating less than one (1) acre of disturbance. However, the following requirements shall be met:
(a)
Each application for major development and any other application
where Beachwood Borough otherwise requires a landscaping plan shall
contain a landscaping or revegetation plan prepared in accordance
with the Pinelands CMP standards (N.J.A.C. 7:50-6.24(c));
(b)
Each applicant shall demonstrate that, at a minimum, existing
trees and vegetation on the development site will be preserved and
protected according to the minimum standards established by provisions
of the Beachwood Borough Land Use Ordinance, Zoning Ordinance or by
conditions of zoning or variance approval; and
(c)
Existing trees and vegetation shall be protected during construction
activities in accordance with the "Standard for Tree Protection During
Construction" provided in the NJ State Soil Conservation Committee
Standards for Soil Erosion and Sediment Control in New Jersey, which
is incorporated herein by reference as amended and supplemented.
b.
Stormwater runoff quantity and rate standards.
1.
There shall be no direct discharge of stormwater runoff from any
point or nonpoint source to any surface waterbody. In addition, stormwater
runoff shall not be directed in such a way as to increase the volume
and/or rate of discharge into any wetland, wetlands transition areas
or surface waterbody from that which existed prior to development
of the site.
2.
To the maximum extent practical, there shall be no direct discharge
of stormwater runoff onto farm fields so as to protect farm crops
from damage due to flooding, erosion and long-term saturation of cultivated
crops and cropland.
3.
For all major developments, the total runoff volume generated from
the net increase in impervious surfaces by a ten (10)-year, twenty-four
(24)-hour storm shall be retained and infiltrated onsite.
4.
In addition, the design engineer, using the assumptions and factors for stormwater runoff and groundwater recharge calculations contained in subsection 17-33.3, shall either:
(a)
Demonstrate through hydrologic and hydraulic analysis that the
post-developed stormwater runoff hydrographs from the project site
for the two (2)-, ten (10)-, and one hundred (100)-year storms do
not exceed, at any point in time, the site's predeveloped runoff hydrographs
for the same storms;
(b)
Demonstrate through hydrologic and hydraulic analysis that under
post-developed site conditions:
(1)
There is no increase in predeveloped stormwater runoff rates
from the project site for the two (2)-, ten (10)-, and one hundred
(100)-year storms; and
(2)
Any increased stormwater runoff volume or change in stormwater
runoff timing for the two (2)-, ten (10)-, and one hundred (100)-year
storms will not increase flood damage at or downstream of the project
site. When performing this analysis for predeveloped site conditions,
all off-site development levels shall reflect existing conditions.
When performing this analysis for post-developed site conditions,
all off-site development levels shall reflect full development in
accordance with current zoning and land use ordinances; or
(c)
Demonstrate that the peak post-developed stormwater runoff rates
from the project site for the two (2)-, ten (10)-, and one hundred
(100)-year storms are fifty, seventy-five and eighty (50%, 75% and
80%) percent respectively, of the site's peak predeveloped stormwater
runoff rates for the same storms. Peak outflow rates from on-site
stormwater measures for these storms shall be adjusted where necessary
to account for the discharge of increased stormwater runoff rates
and/or volumes from project site areas not controlled by the on-site
measures. These percentages do not have to be applied to those portions
of the project site that are not proposed for development at the time
of application, provided that such areas are:
5.
In tidal flood hazard areas, a stormwater runoff quantity analysis
in accordance with paragraphs (a), (b), and (c) above shall only be
applied if the increased volume of stormwater runoff could increase
flood damages below the point of discharge.
c.
Groundwater recharge standards.
1.
For all major developments, with the exception of those described in subsection 17-33.4c,4, below, the design engineer, using the assumptions and factors for stormwater runoff and groundwater recharge calculations contained in subsection 17-33.3, shall either:
(a)
Demonstrate through hydrologic and hydraulic analysis that the
post-developed project site maintains one hundred (100%) percent of
the site's predeveloped average annual groundwater recharge volume;
or
(b)
Demonstrate through hydrologic and hydraulic analysis that any
increase in the project site's stormwater runoff volume for the 2-year,
24-hour storm from predeveloped to post-developed conditions is infiltrated
on-site.
2.
The design engineer shall assess the hydraulic impact on the groundwater
table and design the project site and all site groundwater recharge
measures so as to avoid adverse hydraulic impacts. Adverse hydraulic
impacts include, but are not limited to: raising the groundwater table
so as to cause surface ponding; flooding of basements and other subsurface
structures and areas; preventing a stormwater infiltration basin from
completely draining via infiltration within seventy-two (72) hours
of a design storm event; and interference with the proper operation
of subsurface sewage disposal systems and other surface and subsurface
facilities in the vicinity of the groundwater recharge measure.
d.
Erosion control standards. 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 its implementing
regulations, N.J.A.C. 2:90-1.1 through 1.4.
e.
Stormwater runoff quality standards.
1.
There shall be no direct discharge of stormwater runoff from any
point or nonpoint source to any wetland, wetland transition area or
surface waterbody.
2.
Stormwater management measures shall be designed to reduce the total
suspended solids (TSS) load in the stormwater runoff from the post-developed
site by eighty (80%) percent expressed as an annual average.
3.
Stormwater management measures shall also be designed to reduce the
nutrient load in the stormwater runoff from the post-developed site
by the maximum extent practicable. In achieving this reduction, the
design of the development site shall include nonstructural and structural
stormwater management measures that optimize nutrient removal while
still achieving the groundwater recharge, runoff quantity and rate,
and TSS removal standards in this subsection.
4.
The standards for stormwater runoff quality required by this subsection shall be met using the methods, calculations, assumptions and pollutant removal rates provided in subsection 17-33.3.
5.
Exceptions.
(a)
The preceding stormwater quality standards shall not apply to
the following major development sites:
f.
Additional stormwater quality standards for high pollutant loading
areas and areas where stormwater runoff is exposed to source material.
2.
For a major development in areas described in paragraphs 1(a) or 1(b) above, in addition to the infiltration requirements specified in subsection 17-33.4b,2 and the groundwater recharge requirements specified in subsection 17-33.4e, the applicant shall demonstrate in the Land Use Planning and Source Control Plan required in subsection 17-33.2c,4 that the following requirements have been met:
(a)
The extent of the areas described in paragraphs 1(a) and 1(b)
above have been minimized on the development site to the maximum extent
practicable;
(b)
The stormwater runoff from the areas described in paragraphs
1(a) and 1(b) above is segregated to the maximum extent practicable
from the stormwater runoff generated from the remainder of the site
such that co-mingling of the stormwater runoff from the areas described
in paragraphs 1(a) and 1(b) above and the remainder of the site will
be minimized;
(c)
The amount of precipitation falling directly on the areas described
in paragraphs 1(a) and 1(b) above is minimized to the maximum extent
practicable by means of a canopy, roof or other similar structure
that reduces the generation of stormwater runoff; and
(d)
The stormwater runoff from or co-mingled with the areas described in paragraphs 1(a) and 1(b) above for the Water Quality Design Storm, defined in subsection 17-33.3b, Table 1 shall be subject to pretreatment by one (1) or more of the following stormwater BMPs, designed in accordance with the New Jersey BMP Manual to provide ninety (90%) percent TSS removal:
(1)
Bioretention system;
(2)
Sand filter;
(3)
Wet ponds which shall be hydraulically disconnected by a minimum
of two (2') feet of vertical separation, from the seasonal high water
table and shall be designed to achieve a minimum eighty (80%) percent
TSS removal rate;
(4)
Constructed stormwater wetlands; and/or
(5)
Media filtration system manufactured treatment device with a
minimum eighty (80%) percent TSS removal as verified by the New Jersey
Corporation for Advanced Technology and as certified by NJPED.
(e)
If the potential for contamination of stormwater runoff by petroleum products exists onsite, prior to being conveyed to the pretreatment BMP required in subsection 17-33.4d,2(d) above, the stormwater runoff from the areas described in paragraphs 1(a) and 1(b) above shall be conveyed through an oil/grease separator or other equivalent manufactured filtering device to remove the petroleum hydrocarbons. The applicant shall provide the reviewing agency with sufficient data to demonstrate acceptable performance of the device.
g.
Threatened and endangered species and associated habitat standards.
Stormwater management measures shall address adverse impacts of the
development on habitat for threatened and endangered species, in accordance
with N.J.A.C. 7:8-5.2(c), N.J.A.C. 7:50-6.27, and 7:50-6.33 and 34.
h.
Exceptions and mitigation requirements.
1.
Exceptions from strict compliance from the groundwater recharge,
stormwater runoff quantity, and stormwater runoff quality requirements
established by this section may be granted, at the discretion of the
Beachwood Borough, and subject to approval by the Pinelands Commission,
provided that all of the following conditions are met:
(a)
The exception is consistent with that allowed by Beachwood Borough;
(b)
Beachwood Borough has an adopted and effective municipal stormwater
management plan in accordance with N.J.A.C. 7:8-4.4, which includes
a mitigation plan in accordance with N.J.A.C. 7:8-4.2(c)11, and is
also certified by the Pinelands Commission. The mitigation plan shall
identify what measures are necessary to offset the deficit created
by granting the exception and the municipality shall submit a written
report to the County review agency and the NJDEP describing the exception
and the required mitigation. Guidance for developing municipal stormwater
management plans, including mitigation plans, is available from the
NJDEP, Division of Watershed Management and the New Jersey BMP Manual.
(c)
The applicant demonstrates that mitigation, in addition to the
requirements of mitigation plan discussed in paragraph (b) above,
will be provided consistent with one (1) of the following options:
(1)
Mitigation may be provided off-site, but within the Pinelands
Area and within the same drainage area as the development site, and
shall meet or exceed the equivalent recharge, quality or quantity
performance standard which is lacking on the development site due
to the exception; or
(2)
In lieu of the required mitigation, a monetary "in lieu contribution"
may be provided by the applicant to Beachwood Borough in accordance
with the following:
[a]
The amount of the in lieu contribution shall be
determined by Beachwood Borough, but the maximum in lieu contribution
required shall be equivalent to the cost of implementing and maintaining
the stormwater management measure(s) for which the exception is granted;
[b]
The in lieu contribution shall be used to fund an off-site stormwater control mitigation project(s) located within the Pinelands Area, within the same drainage area as the development site, and shall meet or exceed the equivalent recharge, quality or quantity performance standards which is lacking on the development site. Such mitigation project shall be identified by Beachwood Borough in Beachwood Borough's adopted municipal stormwater management plan. The stormwater control project to which the monetary contribution will be applied shall be identified by Beachwood at the time the exception is granted. The applicant shall amend the project description and site plan required in subsection 17-33.2c,3 to incorporate a description of both the standards for which an on-site exception is being granted and of the selected off-site mitigation project.
[c]
Beachwood Borough shall expend the in lieu contribution
to implement the selected off-site mitigation project within five
(5) years from the date that payment is received. Should Beachwood
Borough fail to expend the in lieu contribution within the required
time frame, the mitigation option provided in this subsection shall
be void and Beachwood Borough shall be prohibited from collecting
in lieu contributions.
2.
An exception from strict compliance granted in accordance with paragraph
h,1 above shall not constitute a waiver of strict compliance from
the requirements of the Pinelands Comprehensive Management Plan at
N.J.A.C. 7:50. An applicant should contact the Pinelands Commission
to determine whether a waiver of strict compliance is also required
in accordance with N.J.A.C. 7:50, Subchapter 4, Part V.
[Ord. #2006-08, § V; Ord. #2006-24, § 7]
a.
General design and construction standards.
1.
Structural stormwater management measures shall be designed to meet
the standards established in this section. These standards have been
developed to protect public safety, conserve natural features, create
an aesthetically pleasing site and promote proper on-site stormwater
management.[1]
[1]
Though not required by N.J.A.C. 7:8, pursuant to their authority,
municipalities may have the option to require existing basins that
pose a public health or safety hazard to be retrofitted to comply
with the standards in this subsection.
2.
The following structural stormwater management measures may be utilized
as part of a stormwater management system at a major land development
in the Pinelands, provided that the applicant demonstrates that they
are designed, constructed and maintained so as to meet the standards
and requirements established by this section. If alternative stormwater
management measures are proposed, the applicant shall demonstrate
that the selected measures will achieve the standards established
by this section.
(a)
Bioretention systems;
(b)
Constructed stormwater wetlands;
(c)
Extended detention basins;
(d)
Infiltration basins;
(e)
Vegetated filter strips;
(f)
Infiltration basins and trenches;
(g)
Wet ponds with suitable liners;
(h)
Pervious paving systems; and
(i)
Manufactured treatment devices, provided their pollutant removal
rates are verified by the New Jersey Corporation for Advanced Technology
and certified by the NJDEP.
3.
Structural stormwater management measures shall be designed to take
into account the existing site conditions, including environmentally
critical areas, wetlands, flood-prone areas, slopes, depth to seasonal
high water table, soil type, permeability and texture, and drainage
area and drainage patterns.
4.
Structural stormwater management measures shall be designed and constructed
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 7.8 shall be deemed to meet
this requirement); to minimize and facilitate maintenance and repairs;
and to ensure proper functioning.
5.
For all stormwater management measures at a development site, each applicant shall submit a detailed Inspection, Maintenance and Repair Plan consistent with the requirements of subsection 17-33.5 of this section.
6.
To the maximum extent practicable, the design engineer shall design
structural stormwater management measures on the development site
in a manner that:
(a)
Limits site disturbance, maximizes stormwater management efficiencies,
and maintains or improves aesthetic conditions;
(b)
Utilizes multiple stormwater management measures, smaller in
size and distributed spatially throughout the land development site,
instead of a single larger structural stormwater management measure;
(c)
Incorporates pretreatment measures. Pretreatment can extend
the functional life and increase the pollutant removal capability
of a structural stormwater management measure. Pretreatment measures
may be designed in accordance with the New Jersey BMP Manual or other
sources approved by the Municipal Engineer.
7.
Stormwater management basins shall be designed in a manner that complements
and mimics the existing natural landscape, including but not limited
to the following design strategies:
(a)
Use of natural, non-wetland wooded depressions for stormwater
runoff storage; and
(b)
Establishment of attractive landscaping in and around the basin
that mimics the existing vegetation and incorporates native Pinelands
plants, including, but not limited to, the species listed in N.J.A.C.
7:50-6.25 and 6.26.
8.
Stormwater management basins shall be designed with gently sloping
sides. The maximum allowable basin side slope shall be three (3) horizontal
to one (1) vertical (3:1).
9.
Guidance on the design and construction of structural stormwater
management measures may be found in the New Jersey BMP Manual. Other
guidance sources may also be used upon approval by the Municipal Engineer.
10.
After all construction activities and required field testing have
been completed on the development site, as-built plans depicting design
and as-built elevations of all stormwater management measures shall
be prepared by a licensed land surveyor and submitted to the Municipal
Engineer. Based upon the Municipal Engineer's review of the as-built
plans, all corrections or remedial actions deemed by the Municipal
Engineer to be necessary due to the failure to comply with the standards
established by this section and/or any reasons of public health or
safety, shall be completed by the applicant. In lieu of review by
the Municipal Engineer, Beachwood Borough reserves the right to engage
a Professional Engineer to review the as-built plans. The applicant
shall pay all costs associated with such review.
b.
Design and construction standards for stormwater infiltration BMP's.
1.
Stormwater infiltration BMP's, such as bioretention systems with
infiltration, dry wells, infiltration basins, pervious paving systems
with storage beds, and sand filters with infiltration, shall be designed,
constructed and maintained to completely drain the total runoff volume
generated by the basin's maximum design storm within seventy-two (72)
hours after a storm event. Runoff storage for greater times can render
the BMP ineffective and may result in anaerobic conditions, odor and
both water quality and mosquito breeding problems.
2.
Stormwater infiltration BMPs shall be designed, constructed and maintained
to provide a minimum separation of at least two (2') feet between
the elevation of the lowest point of the bottom of the infiltration
BMP and the seasonal high water table.
3.
A stormwater infiltration BMP shall be sited in suitable soils verified
by field testing to have permeability rates between one (1") and twenty
(20") inches per hour. If such site soils do not exist or if the design
engineer demonstrates that it is not practical for engineering, environmental
or safety reasons to site the stormwater infiltration BMP(s) in such
soils, then the stormwater infiltration BMP(s) may be sited in soils
verified by field testing to have permeability rates in excess of
twenty (20") inches per hour, provided that a bioretention system,
designed, installed and maintained in accordance with the New Jersey
BMP Manual, is installed to meet one (1) of the following conditions:
(a)
The bioretention system is constructed as a separate measure
designed to provide pretreatment of stormwater and to convey the pretreated
stormwater into the infiltration BMP; or
(b)
The bioretention system is integrated into and made part of
the infiltration BMP and, as such, does not require an underdrain
system. If this option is selected, the infiltration BMP shall be
designed and constructed so that the maximum water depth in the bioretention
system portion of the BMP during treatment of the stormwater quality
design storm is twelve (12") inches in accordance with the New Jersey
BMP Manual.
4.
The minimum design permeability rate for the soil within a BMP that
relies on infiltration shall be one-half (0.5") inch per hour. A factor
of safety of two (2) shall be applied to the soil's field-tested permeability
rate to determine the soil's design permeability rate. For example,
if the field-tested permeability rate of the soil is four (4") inches
per hour, its design permeability rate would be two (2") inches per
hour. The minimum design permeability rate for the soil within a stormwater
infiltration basin shall also be sufficient to achieve the minimum
seventy-two (72) hour drain time described in paragraph 1 above. The
maximum design permeability shall be ten (10") inches per hour.
5.
A soil's field tested permeability rate shall be determined in accordance
with the following:
(a)
The predevelopment field test permeability rate shall be determined according to the methodologies provided in subsection 17-33.11c,3 of this section;
(b)
The results of the required field permeability tests shall demonstrate
a minimum tested infiltration rate of one (1") inch per hour;
(c)
After all construction activities have been completed on the site and the finished grade has been established in the infiltration BMP, post-development field permeability tests shall also be conducted according to the methodologies provided in subsection 17-33.11c,3 of this section;
(d)
If the results of the post-development field permeability tests
fail to achieve the minimum required design permeability rates in
paragraph 5 above utilizing a factor of safety of two (2), the stormwater
infiltration BMP shall be renovated and retested until such minimum
required design permeability rates are achieved; and
(e)
The results of all field permeability tests shall be certified
by a Professional Engineer and transmitted to the Municipal Engineer.
6.
To help ensure maintenance of the design permeability rate over time,
a six (6") inch layer of K5 soil shall be placed on the bottom of
a stormwater infiltration BMP. This soil layer shall meet the textural
and permeability specifications of K5 soil as provided at N.J.A.C.
7:9A, Appendix A, Figure 6, and be certified to meet these specifications
by a professional engineer licensed in the State of New Jersey. The
depth to the seasonal high water table shall be measured from the
bottom of the K5 sand layer.
7.
The design engineer shall assess the hydraulic impact on the groundwater
table and design the project site and all stormwater infiltration
basins so as to avoid adverse hydraulic impacts. Adverse hydraulic
impacts include, but are not limited to: raising the groundwater table
so as to cause surface ponding; flooding of basements and other subsurface
structures and areas; preventing a stormwater infiltration basin from
completely draining via infiltration within seventy-two (72) hours
of a design storm event; and interference with the proper operation
of subsurface sewage disposal systems and other surface and subsurface
structures in the vicinity of the stormwater infiltration basin.
8.
The design engineer shall conduct a mounding analysis, as defined in subsection 17-33.7, of all stormwater infiltration BMPs. The mounding analysis shall be conducted in accordance with the requirements in subsection 17-33.11c,1. Where the mounding analysis identifies adverse impacts, the stormwater infiltration BMP shall be redesigned or relocated, as appropriate.
9.
Stormwater infiltration BMPs shall be constructed in accordance with
the following:
(a)
To avoid sedimentation that may result in clogging and reduce
the basin's permeability rate, stormwater infiltration basins shall
be constructed according to the following:
(1)
Unless the conditions in paragraph (2) below are met, a stormwater
infiltration basin shall not be placed into operation until its drainage
area is completely stabilized. Instead, upstream runoff shall be diverted
around the basin and into separate, temporary stormwater management
facilities and sediment basins. Such temporary facilities and basins
shall be installed and utilized for stormwater management and sediment
control until stabilization is achieved in accordance with the Standards
for Soil Erosion and Sediment Control in New Jersey, which is incorporated
herein by reference as amended and supplemented.
(2)
If the design engineer determines that, for engineering, environmental or safety reasons, temporary stormwater management facilities and sediment basins cannot be constructed on the site, the stormwater infiltration basin may be placed into operation prior to the complete stabilization of its drainage area provided that the basin's bottom during this period is constructed at a depth at least two (2') feet higher than its final design elevation. All other infiltration BMP construction requirements in this section shall be followed. When the drainage is completely stabilized, all accumulated sediment shall be removed from the infiltration BMP, which shall then be excavated to its final design elevation in accordance with the construction requirements of this subsection and the performance standards in subsection 17-33.4.
(b)
To avoid compaction of subgrade soils of BMP's that rely on
infiltration, no heavy equipment such as backhoes, dump trucks or
bulldozers shall be permitted to operate within the footprint of the
BMP. All excavation required to construct a stormwater infiltration
BMP shall be performed by equipment placed outside the BMP. If this
is not possible, the soils within the excavated area shall be renovated
and tilled after construction is completed to reverse the effects
of compaction. In addition, post-development soil permeability testing
shall be performed in accordance with paragraph b,5 of this subsection.
(c)
Earthwork associated with stormwater infiltration BMP construction,
including excavation, grading, cutting or filling, shall not be performed
when soil moisture content is above the lower plastic limit.
c.
Safety standards for structural stormwater management measures.
1.
If a structural stormwater management measure has an outlet structure,
escape provisions shall be incorporated in or on the structure. Escape
provisions means the permanent installation of ladders, steps, rungs,
or other features that provide readily accessible means of ingress
and egress from the outlet structure.
2.
A trash rack is a device intended to intercept runoff-borne trash
and debris that might otherwise block the hydraulic openings in an
outlet structure of a structural stormwater management measure. Trash
racks shall be installed upstream of such outlet structure openings
as necessary to ensure proper functioning of the structural stormwater
management measure in accordance with the following:
(a)
The trash rack should be constructed primarily of bars aligned
in the direction of flow with one (1") inch spacing between the bars
to the elevation of the water quality design storm. For elevations
higher than the water quality design storm, the bars shall be spaced
no greater than one-third (1/3) the width of the hydraulic opening
it is protecting or six (6") inches, whichever is less. Transverse
bars aligned perpendicular to flow should be sized and spaced as necessary
for rack stability and strength.
(b)
The trash rack shall not adversely affect the hydraulic performance
of either the outlet structure opening it is protecting or the overall
outlet structure.
(c)
The trash rack shall have sufficient net open area under clean
conditions to limit the peak design storm velocity through it to a
maximum of two and one-half (2.5') feet per second.
(d)
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 three hundred (300) pounds per square
foot.
3.
An overflow grate is a device intended to protect the opening in
the top of a stormwater management measure outlet 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 more than two (2") inches
across the smallest dimension; and
(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 three hundred (300) pounds
per square foot.
4.
The maximum side slope for an earthen dam, embankment, or berm shall
not be steeper than three (3) horizontal to one (1) vertical (3:1).
5.
Safety ledges shall be constructed on the slopes of all structural
stormwater management measures having a permanent pool of water deeper
than two and one-half (2 1/2') feet. Such safety ledges shall
be comprised of two (2) steps. Each step shall be four (4') to six
(6') feet in width. One (1) step shall be located approximately two
and one-half (2 1/2') feet below the permanent water surface,
and the second step shall be located one (1') to one and one-half
(1 1/2') feet above the permanent water surface. See paragraph
(a) below, for an illustration of safety ledges in a stormwater management
basin.
(a)
Illustration of safety ledges.
 |
[Ord. #2006-08, § VI; Ord. #2006-24, §§ 8,9]
b.
General Inspection, Maintenance and Repair Plan.
1.
The design engineer shall prepare an Inspection, Maintenance and Repair Plan for the stormwater management measures, including both structural and nonstructural measures incorporated into the design of a major development. This plan shall be submitted as part of the Checklist Requirements established in subsection 17-33.2c. Inspection and maintenance guidelines for stormwater management measures are available in the New Jersey BMP Manual.
2.
This Inspection, Maintenance and Repair Plan shall contain the following:
(a)
Accurate and comprehensive drawings of the site's stormwater
management measures;
(b)
Specific locations of each stormwater management measure identified
by means of longitude and latitude as well as block and lot number;
(c)
Specific preventative and corrective maintenance tasks and schedules
for such tasks for each stormwater BMP;
(d)
Cost estimates, including estimated cost of sediment, debris
or trash removal; and
(e)
The name, address and telephone number of the person or persons
responsible for regular inspections and preventative and corrective
maintenance (including repair and replacement). If the responsible
person or persons is a corporation, company, partnership, firm, association,
municipality or political subdivision of this State, the name and
telephone number of an appropriate contact person shall also be included.
3.
The person responsible for inspection, maintenance and repair identified under subsection 17-33.6b,2 above shall maintain a detailed log of all preventative and corrective maintenance performed for the site's stormwater management measures, including a record of all inspections and copies of all maintenance-related work orders in the Inspection, Maintenance and Repair Plan. Said records and inspection reports shall be retained for a minimum of five (5) years.
4.
If the Inspection, Maintenance and Repair Plan identifies a person
other than the developer (for example, a public agency or homeowners'
association) as having the responsibility for inspection and 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 measure to such person under an applicable
ordinance or regulation.
5.
If the person responsible for inspection, maintenance and repair identified under subsection 17-33.6b,3 above is not a public agency, the Maintenance Plan and any future revisions based on subsection 17-33.6b,6 below shall be recorded upon the deed of record for each property on which the maintenance described in the maintenance plan shall be undertaken.
6.
The person responsible for inspection, maintenance and repair identified under subsection 17-33.6b,2 above shall evaluate the effectiveness of the Inspection, Maintenance and Repair Plan at least once per year and update the plan and the deed as needed.
8.
The person responsible for inspection, maintenance and repair identified under subsection 17-33.6b,2 above shall retain and make available, upon request by any public entity with administrative, health, environmental or safety authority over the site the Inspection, Maintenance and Repair Plan and the documentation required by subsection 17-33.6b,2 and 3 above.
c.
Responsibility for inspection, repair and 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.
d.
Preventative and corrective maintenance shall be performed to maintain
the function of the stormwater management measure, including, but
not limited to: repairs or replacement to any associated appurtenance
of the measure; removal of sediment, debris, or trash; restoration
of eroded areas; snow and ice removal; fence repair or replacement;
restoration of vegetation; repair or replacement of linings; and restoration
of infiltration function.
e.
Stormwater management measure easements shall be provided by the
property owner as necessary for facility inspections and maintenance
and preservation of stormwater runoff conveyance, infiltration, and
detention areas and facilities. The purpose of the easement shall
be specified in the maintenance agreement.
f.
In the event that the stormwater management measure becomes a public
health nuisance or danger to public safety or public health, or if
it is in need of maintenance or repair, Beachwood Borough 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 the Municipal Engineer's designee. Beachwood Borough,
at 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 within the allowable time,
Beachwood Borough may immediately proceed to do so with its own forces
and equipment and/or through contractors. The cost and expenses of
such maintenance and repair by Beachwood Borough shall be entered
on the tax roll as a special charge against the property and collected
with any other taxes levied thereon for the year in which the maintenance
and repair was performed.
g.
Requirements for inspection, maintenance and repair of stormwater
BMP's that rely on infiltration. If a stormwater infiltration BMP
is incorporated into the design of a major development, the applicant
shall include the following requirements in its Inspection, Maintenance
and Repair Plan:
1.
Once per month (if needed): Mow side slopes, remove litter and debris,
stabilize eroded banks, repair erosion at inflow structure(s);
2.
After every storm exceeding one (1") inch of rainfall: Ensure that
infiltration BMPs drain completely within seventy-two (72) hours after
the storm event. If stored water fails to infiltrate seventy-two (72)
hours after the end of the storm, corrective measures shall be taken.
Raking or tilling by light equipment can assist in maintaining infiltration
capacity and break up clogged surfaces;
3.
Four (4) times per year (quarterly): Inspect stormwater infiltration
BMPs for clogging and excessive debris and sediment accumulation within
the BMP, remove sediment (if needed) when completely dry;
4.
Two (2) times per year: Inspection for signs of damage to structures,
repair eroded areas, check for signs of petroleum contamination and
remediate;
5.
Once per year: Inspect BMPs for unwanted tree growth and remove if
necessary, disc or otherwise aerate bottom of infiltration basin to
a minimum depth of six (6") inches; and
6.
After every storm exceeding one (1") inch of rainfall, inspect and,
if necessary, remove and replace K5 sand layer and accumulated sediment,
to restore original infiltration rate.
7.
Additional guidance for the inspection, maintenance and repair of
stormwater infiltration BMPs can be found in the New Jersey BMP Manual.
h.
Financing of inspection, maintenance and repair of stormwater BMPs.
An adequate means of ensuring permanent financing of the inspection,
maintenance and repair of stormwater BMPs shall be implemented and
detailed in the Inspection, Maintenance and Repair Plan. Permanent
financing of the inspection, maintenance and repair of stormwater
BMPs shall be accomplished by:
1.
The assumption of the inspection and maintenance program by a municipality,
County, public utility or homeowners' association.
2.
The required payment of fees to a municipal stormwater fund in an
amount equivalent to the cost of both ongoing maintenance activities
and necessary structural replacements. The fee schedule is attached.[1]
[1]
Editor's Note: The fee schedule referred to herein may be
found on file in the Borough offices.
3.
Other suitable method approved by the municipality.
[Ord. #2007-11, § 3]
a.
Stormwater Management Maintenance Fees. For purposes of this section,
the calculation of the maintenance fee will be based on the type of
stormwater management system, which is to serve the development, that
is, a surface system, such as a detention or retention basin and subsurface
infiltration system or a combination of the above. The fee shall be
determined as follows:
1.
Surface stormwater management systems (detention or retention basins).
The amount of the maintenance fee shall be the annual maintenance
cost per acre multiplied by the twenty-five (25) year maintenance
period multiplied by the maintenance area in acres. The maintenance
area of the stormwater management basin shall be defined to be the
area included within a line drawn around the top of the bank of the
basin, plus an additional twenty-five (25') feet outward from the
top of the bank. The annual maintenance cost per acre shall be one
thousand two hundred eighty-one dollars and twenty-five ($1,281.25)
cents. The minimum contribution regardless of the size of the basin
will be twelve thousand five hundred ($12,500.00) dollars.
2.
Surface infiltration system. The amount of the maintenance fee shall
be determined as follows: one dollar and twenty-five ($1.25) cents
per linear foot of the infiltration system per year for maintenance
multiplied by a twenty-five (25) year period, plus twice the cost
of the subsurface infiltration system (not including structures).
The replacement cost shall be the amount of the performance guaranties
for the subsurface infiltration system, plus the amount of thirty-four
dollars and fifty ($34.50) cents per linear foot for road repair for
any portion of the roadway disturbed by such replacement determined
by the Borough Engineer. The minimum fee, regardless of the length
of infiltration system, shall be twelve thousand five hundred ($12,500.00)
dollars.
3.
Combination systems. The required fee shall be based on a combined
total of the above.
b.
Stormwater Review Fee. Subdivisions and site plans requiring Preliminary or Final Approval, and Road Improvement Plans, that all meet the latest definition of "Development, major" per subsection 17-33.7 shall pay the following escrow fee:
1.
Subdivision fees.
(a)
Preliminary approval, major subdivision.
|
Number of Lots
|
Fee
|
|---|---|
|
0—10
|
$1,500
|
|
11—24
|
$1,500 + $50/lot
|
|
25—100
|
$2,500 + $25/lot
|
|
101+
|
$3,500 + $15/lot
|
(b)
Final approval, major subdivision. One-half (1/2) of the Preliminary
Major Subdivision Stormwater Review Fee, with a minimum fee of one
thousand five hundred ($1,500.00) dollars for each submission.
(c)
Minor subdivisions—$1,000.00
2.
Site plan fee schedule.
(a)
Preliminary site plan application.
(1)
New nonresidential development including any alterations,
additions or changes of use.
|
Acreage
|
Fee
|
|---|---|
|
Up to 2 acres
|
$2,000.00
|
|
Over 2.0 acres
|
$2,000.00 + $250/acre or portion
|
(2)
Public, quasi-public and nonprofit institutions
and agencies not subject to approval of other governmental agencies,
churches and other similar uses.
|
Acreage
|
Fee
|
|---|---|
|
Up to 2 acres
|
$ 500.00
|
|
Over 2.0 acres
|
$1,000.00
|
(3)
Residential dwelling units, such as multifamily
development and condominium development.
$100.00 per dwelling unit; minimum fee of $1,500.00.
(b)
Final site plan application.
(1)
New construction.
|
Acreage
|
Fee
|
|---|---|
|
Up to 2 acres
|
$1,000.00
|
|
Over 2.0 acres
|
$1,000.00 + $125.00/ acre or portion thereof for each additional
acre
|
(2)
Public and quasi-public.
|
Acreage
|
Fee
|
|---|---|
|
Up to 2 acres
|
$250.00
|
|
Over 2.0 acres
|
$500.00 + $125.00/ acre or portion thereof for each additional
acre
|
(3)
Residential dwelling units.
$75.00 per unit; minimum fee of $1,500.00.
[Ord. #2006-08, § VII]
Unless specifically defined below, words or phrases used in
this section shall be interpreted so as to give them the meaning they
have in common usage and to give this section its most reasonable
application. When used in this section, the following terms shall
have the meanings herein ascribed to them.
Shall mean the propagation, rearing and subsequent harvesting
of aquatic organisms in controlled or selected environments, and their
subsequent processing, packaging and marketing, including but not
limited to, activities to intervene in the rearing process to increase
production such as stocking, feeding, transplanting and providing
for protection from predators.
Shall mean the Planning Board, Zoning Board of Adjustment
or other board, agency or official of Beachwood Borough with authority
to approve or disapprove subdivisions, site plans, construction permits,
building permits or other applications for development approval. For
the purposes of reviewing development applications and ensuring compliance
with the requirements of this section, Beachwood Borough may designate
the Municipal Engineer or other qualified designee to act on behalf
of Beachwood Borough.
Shall mean either a written statement signed and sealed by
a licensed New Jersey professional engineer attesting that a BMP design
or stormwater management system conforms to or meets a particular
set of standards or to action taken by the Commission pursuant to
N.J.A.C. 7:50-3, Part II or Part IV. Depending upon the context in
which the term is used, the terms "certify" and "certified" shall
be construed accordingly.
Shall mean the increase in soil bulk density caused by subjecting
soil to greater-than-normal loading. Compaction can also decrease
soil infiltration and permeability rates.
Shall mean the construction, erection, reconstruction, alteration,
conversion, demolition, removal or equipping of buildings, structures
or components of a stormwater management system including but not
limited to collection inlets, stormwater piping, swales and all other
conveyance systems, and stormwater BMPs.
Shall mean 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:
A County planning agency; or
A County water resource association created under N.J.S.A.
58:16A-55.5, if the ordinance or resolution delegates authority to
approve, conditionally approve, or disapprove municipal stormwater
management plans and implementing ordinances.
Shall mean 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.
Shall mean the tested permeability rate with a factor of
safety of two (2) applied to it (e.g., if the tested permeability
rate of the soils is four (4") inches per hour, the design rate would
be two (2") inches per hour).
Shall mean the change of or enlargement of any use or disturbance
of any land, the performance of any building or mining operation,
the division of land into two (2) or more parcels, and the creation
or termination of rights of access or riparian rights including, but
not limited to:
A change in type of use of a structure or land;
A reconstruction, alteration of the size, or material change
in the external appearance of a structure or land;
A material increase in the intensity of use of land, such as
increase in the number of businesses, manufacturing establishments,
offices or dwelling units in a structure or on land;
Commencement of resource extraction or drilling or excavation
on a parcel of land;
Demolition of a structure or removal of trees;
Commencement of forestry activities;
Deposit of refuse, solid or liquid waste or fill on a parcel
of land;
In connection with the use of land, the making of any material
change in noise levels, thermal conditions, or emissions of waste
material; and
Alteration, either physically or chemically, of a shore, bank,
or floodplain, seacoast, river, stream, lake, pond, wetlands or artificial
body of water.
|
In case of development on agricultural land, i.e. lands used
for an agricultural use or purpose as defined at N.J.A.C. 7:50-2.11,
development means: any activity that requires a State permit; any
activity reviewed by the County Agricultural Boards (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.
|
Shall mean any division of land into five (5) or more lots;
any construction or expansion of any housing development of five (5)
or more dwelling units; any construction or expansion of any commercial
or industrial use or structure on a site of more than three (3) acres;
or any "development," grading, clearing or disturbance of an area
in excess of five thousand (5,000) square feet. Disturbance for the
purpose of this section is the placement of impervious surface or
exposure and/or movement of soil or bedrock or clearing, cutting or
removing of vegetation.
Shall mean all development other than major development.
Shall mean a geographic area within which stormwater, sediments,
or dissolved materials drain to a BMP, a stormwater management system,
a particular receiving waterbody or a particular point along a receiving
waterbody.
Shall mean an area or feature which is of significant environmental
value, including but not limited to: stream corridors; natural heritage
priority sites; habitat of endangered or threatened animal species;
threatened or endangered plants of the Pinelands pursuant to N.J.A.C.
7:5-6.27(a); large areas of contiguous open space or upland forest;
steep slopes; and well head protection and groundwater recharge areas.
T & E habitat constitutes habitat that is critical for the survival
of a local population of threatened and endangered species or habitat
that is identified using the Department's Landscape Project as approved
by the Department's Endangered and Nongame Species Program, whichever
is more inclusive. Threatened and endangered wildlife shall be protected
in conformance with N.J.A.C. 7:50-6.33.
Shall mean the approval by the approving authority of a variance
or other material departure from strict compliance with any section,
part, phrase or provision of this section. An exception may be granted
only under certain specific, narrowly-defined conditions described
herein and does not constitute a waiver of strict compliance with
any section, part, phrase or provision of the Pinelands Comprehensive
Management Plan (N.J.A.C. 7:50-1.1 et seq.).
Shall mean a facility constructed through filling and/or
excavation that provides temporary storage of stormwater runoff. It
has an outlet structure that detains and attenuates runoff inflows
and promotes the settlement of pollutants. An extended detention basin
is normally designed as a multi-stage facility that provides runoff
storage and attenuation for both stormwater quality and quantity management.
The term "stormwater detention basin" shall have the same meaning
as "extended detention basin."
Shall mean the elevation of the surface of the ground after
completion of final grading, either via cutting, filling or a combination
thereof.
Shall mean modification of a land slope by cutting and filling
with the native soil or redistribution of the native soil which is
present at the site.
Shall mean water below the land surface in a zone of saturation.
Shall mean a test performed to demonstrate that the groundwater
below a stormwater infiltration basin will not "mound up," encroach
on the unsaturated zone, break the surface of the ground at the infiltration
area or downslope, and create an overland flow situation.
Shall mean equipment, machinery, or vehicles that exert ground
pressure in excess of eight (8) pounds per square inch.
Shall mean an area in an industrial or commercial development
site: where solvents and/or petroleum products are loaded/unloaded,
stored, or applied; where pesticides are loaded/unloaded or stored;
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; where recharge would be inconsistent
with NJDEP-approved remedial action work plan or landfill closure
plan; and/or where a high risk exists for spills of toxic materials,
such as gas stations and vehicle maintenance facilities. The term
"HPLA" shall have the same meanings as "High pollutant loading area."
Shall mean a surface that has been covered with a layer of
material so that it is highly resistant to infiltration by water.
Shall mean the process by which precipitation enters the
soil through its surface.
Shall mean a monetary fee collected by Beachwood Borough
in lieu of requiring strict on-site compliance with the groundwater
recharge, stormwater runoff quantity and/or stormwater runoff quality
standards established in this section.
Shall mean to assemble, construct, put in place or connect
components of a stormwater management system.
Shall mean acts necessary to prevent, limit, remedy or compensate
for conditions that may result from those cases where an applicant
has demonstrated the inability or impracticality of strict compliance
with the stormwater management requirements set forth in N.J.A.C.
7:8, in an adopted regional stormwater management plan, or in a local
ordinance which is as protective as N.J.A.C. 7:8, and an exception
from strict compliance is granted by Beachwood Borough and the Pinelands
Commission.
Shall mean guidance developed by the New Jersey Department
of Environmental Protection, in coordination with the New Jersey Department
of Agriculture, the New Jersey Department of Community Affairs, the
New Jersey Department of Transportation, municipal engineers, County
Engineers, consulting firms, contractors, and environmental organizations
to address the standards in the New Jersey Stormwater Management Rules,
N.J.A.C. 7:8. The BMP manual provides examples of ways to meet the
standards contained in the rule. An applicant may demonstrate that
other proposed management practices will also achieve the standards
established in the rules. The manual, and notices regarding future
versions of the manual, are available from the Division of Watershed
Management, NJDEP, PO Box 418, Trenton, New Jersey 08625; and on the
NJDEP's website, www.njstormwater.org. The term "New Jersey BMP Manual"
shall have the same meaning as "New Jersey Stormwater Best Management
Practices Manual."
Shall mean the New Jersey Department of Environmental Protection.
Shall mean the New Jersey Pollutant Discharge Elimination
System as set forth in N.J.S.A. 58:10A-1 et seq. and in N.J.A.C. 7:14A.
Shall mean a permit issued by the NJDEP pursuant to the authority
of the Water Pollution Control Act, N.J.S.A. 58:10A-1 et seq., and
N.J.A.C. 7:14A for a discharge of pollutants.
Shall mean:
Any human-made or human-induced activity, factor, or condition,
other than a point source, from which pollutants are or may be discharged;
Any human-made or human-induced activity, factor, or condition,
other than a point source, that may temporarily or permanently change
any chemical, physical, biological, or radiological characteristic
of waters of the State from what was or is the natural, pristine condition
of such waters, or that may increase the degree of such change; or
Any activity, factor, or condition, other than a point source,
that contributes or may contribute to water pollution.
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The term "NPS" shall have the same meaning as "nonpoint source."
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Shall mean a stormwater management measure, strategy or combination
of strategies that reduces adverse stormwater runoff impacts through
sound site planning and design. Nonstructural BMPs include such practices
as minimizing site disturbance, preserving important site features,
reducing and disconnecting impervious cover, flattening slopes, utilizing
native vegetation, minimizing turf grass lawns, maintaining natural
drainage features and characteristics and controlling stormwater runoff
and pollutants closer to the source. The term "Low Impact Development
technique" shall have the same meaning as "nonstructural BMP."
Shall mean a chemical element or compound, such as nitrogen
or phosphorus, which is essential to and promotes the development
of organisms.
Shall mean the rate at which water moves through a saturated
unit area of soil or rock material at hydraulic gradient of one (1)
determined as prescribed in N.J.A.C. 7:9A-6.2 (Tube Permeameter Test),
N.J.A.C. 6.5 (Pit Bailing Test) or N.J.A.C. 6.6 (Piezometer Test).
Alternative permeability test procedures may be accepted by the approving
authority provided the test procedure attains saturation of surrounding
soils, accounts for hydraulic head effects on infiltration rates,
provides a permeability rate with units expressed in inches per hour
and is accompanied by a published source reference. Examples of suitable
sources include hydrogeology, geotechnical, or engineering text and
design manuals, proceedings of American Society for Testing and Materials
(ASTM) symposia, or peer-review journals. Neither a Soil Permeability
Class Rating Test, as described in N.J.A.C. 7:9A-6.3, nor a Percolation
Test, as described in N.J.A.C. 7:9A-6.4, are acceptable tests for
establishing permeability values for the purpose of complying with
this section.
Shall mean having a permeability of one (1") inch per hour
or faster. The terms "permeable soil," "permeable rock" and "permeable
fill" shall be construed accordingly.
Shall mean any individual, corporation, company, partnership,
firm, association, municipality or political subdivision of this State
subject to municipal jurisdiction pursuant to the Municipal Land Use
Law, N.J.S.A. 40:55D-1 et seq.
Shall mean the Commission created pursuant Section 5 of the
Pinelands Protection Act, N.J.S.A. 13:18A-5.
Shall mean the New Jersey Pinelands Comprehensive Management
Plan (N.J.A.C. 7:50-1.1 et seq.)
Shall mean any discernible, confined, and discrete conveyance,
including, but not limited to, any pipe, ditch, channel, tunnel, conduit,
well, discrete fissure, container, rolling stock, concentrated animal
feeding operation, landfill leachate collection system, vessel, or
other floating craft, from which pollutants are or may be discharged.
The term does not include return flows from irrigated agriculture.
Shall mean any dredged spoil, solid waste, incinerator residue,
filter backwash, sewage, garbage, refuse, oil, grease, sewage sludge,
munitions, chemical wastes, biological materials, medical wastes,
radioactive substances (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, suspended solids, cellar
dirt, industrial, municipal, agricultural, and construction waste
or runoff, or other residue discharged directly or indirectly to the
land, groundwaters or surface waters of the State, or to a domestic
treatment works. "Pollutant" includes both hazardous and nonhazardous
pollutants.
Shall mean a person licensed to practice professional engineering
in the State of New Jersey pursuant to N.J.S.A. 48:8-27 et seq.
Shall mean the amount of water from precipitation that infiltrates
into the ground and is not evapotranspired.
Shall mean one (1) of two (2) or more soil samples or tests
taken at the same location (within five (5') feet of each other) and
depth, within the same soil horizon or substratum. In the case of
fill material, replicate tests are tests performed on sub-samples
of the same bulk sample packed to the same bulk density.
Shall mean a particle size category consisting of mineral particles which are between 0.05 and two (2.0) millimeters in equivalent spherical diameter. Also, a soil textural class having eighty-five (85%) percent or more of sand and a content of silt and clay such that the percentage of silt plus one and one-half (1.5) times the percentage of clay does not exceed fifteen (15), as shown in subsection 17-33.11c,1 (USDA Soil Textural Triangle).
Shall mean the upper limit of the shallowest zone of saturation
which occurs in the soil, identified as prescribed in N.J.A.C. 7:9A-5.8.
Shall mean 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.
Shall mean the lot or lots upon which a major development
is to occur or has occurred.
Shall mean all unconsolidated mineral and organic material
of any origin which is not a rock substratum, including sediments
below the biologically active and/or weathered zones.
Shall mean 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.
Shall mean 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.
Shall mean a basin or other facility constructed within permeable
soils that provides temporary storage of stormwater runoff. An infiltration
BMP does not normally have a structural outlet to discharge runoff
from the stormwater quality design storm. Instead, outflow from an
infiltration BMP is through the surrounding soil. The terms "infiltration
measure" and "infiltration practice" shall have the same meaning as
"stormwater infiltration basin."
Shall mean any structural or nonstructural strategy, 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. This includes, but is not limited to, structural
and nonstructural stormwater Best Management Practices described in
the New Jersey BMP Manual and designed to meet the standards for stormwater
control contained within this section. The terms "stormwater Best
Management Practice" and "stormwater BMP" shall have the same meanings
as "stormwater management measure."
Shall mean water flow on the surface of the ground or in
storm sewers, resulting from precipitation.
Shall mean unsaturated soil, above the seasonally high water
table, which contains less than fifty (50%) percent by volume of coarse
fragments and which has a tested permeability rate of between one
(1") and twenty (20") inches per hour.
Shall mean any waters of the State which are not groundwater.
Shall mean the time it takes for runoff to travel from the
hydraulically most distant point of the drainage area to the point
of interest within a watershed.
Shall mean the insoluble solid matter suspended in water
and stormwater that is separable by laboratory filtration in accordance
with the procedure contained in the "Standard Methods for the Examination
of Water and Wastewater" prepared and published jointly by the American
Public Health Association, American Water Works Association and the
Water Pollution Control Federation. The term "TSS" shall have the
same meaning as "Total Suspended Solids."
Shall mean a flood hazard area, which may be influenced by
stormwater runoff from inland areas, but which is primarily caused
by the Atlantic Ocean.
Shall mean the ocean and its estuaries, all springs, streams
and bodies of surface and groundwater, whether natural or artificial,
within the boundaries of New Jersey or subject to its jurisdiction.
Shall mean the upper surface of a zone of saturation.
Shall mean a bored, drilled or driven shaft, or a dug hole,
which extends below the seasonally high water table and which has
a depth which is greater than its largest surface dimension.
Shall mean those lands which are inundated or saturated by
water at a magnitude, duration and frequency sufficient to support
the growth of hydrophytes. Wetlands include lands with poorly drained
or very poorly drained soils as designated by the National Cooperative
Soils Survey of the Soil Conservation Service of the United States
Department of Agriculture. Wetlands include coastal wetlands and inland
wetlands, including submerged lands. The "New Jersey Pinelands Commission
Manual for Identifying and Delineating Pinelands Area Wetlands: A
Pinelands Supplement to the Federal Manual for Identifying and Delineating
Jurisdictional Wetlands," dated January, 1991, as amended, may be
utilized in delineating the extent of wetlands based on the definitions
of wetlands and wetlands soils contained in this section, N.J.A.C.
7:50-2.11, 6.4 and 6.5. The term "wetland" shall have the same meaning
as "wetlands."
Shall mean a stormwater facility constructed through filling
and/or excavation that provides both permanent and temporary storage
of stormwater runoff. It has an outlet structure that creates a permanent
pool and detains and attenuates runoff inflows and promotes then settling
of pollutants. A stormwater retention basin can also be designed as
a multi-stage facility that also provides extended detention for enhanced
stormwater quality design storm treatment and runoff storage and attenuation
for stormwater quantity management. The term "stormwater retention
basin" shall have the same meaning as "wet pond."
[Ord. #2006-08, § VIII; Ord. #2007-02, § 1]
Any person who violates any one (1) or more subsections of this
section shall be subject to a fine of not more than one thousand ($1,000.00)
dollars for each separate offense and/or confinement in the Ocean
County Jail for a period of not more than ninety (90) days.
[Ord. #2006-08, § IX; Ord. #2006-24, § 10]
This section shall take effect immediately upon the following:
[Ord. #2006-08, § X; Ord. #2006-24, § 11]
If the provisions of any subsection, paragraph, subdivision,
or clause of this section shall be judged invalid by a court of competent
jurisdiction, such order of judgment shall not affect or invalidate
the remainder of any subsection, paragraph, subdivision, or clause
of this section. This section further repeals any inconsistent ordinance
or ordinances of part or parts thereof.
[Ord. #2006-24, § 12]
a.
Methods for calculating groundwater recharge.
1.
The New Jersey Geological Survey Report GSR-32: A Method for Evaluating
Ground Water Recharge Areas in New Jersey. Available at http://www.njgeology.org/geodata/dga99-2.htm.
b.
NJDEP nonstructural strategies point system. The New Jersey Stormwater Management Rules at N.J.A.C. 7:8-5.2(a), and subsection 17-33.4a of this section, require nonstructural stormwater management strategies to be incorporated into the site design of a major development. A total of nine (9) strategies are to be used to the maximum extent practical to meet the groundwater recharge, stormwater quality and stormwater quantity requirements of the Rules prior to utilizing structural stormwater management measures. The New Jersey Nonstructural Stormwater Management Strategies Point System (NSPS) provides a tool to assist planners, designers and regulators in determining that the strategies have been used to the "maximum extent practical" at a major development as required by the Rules. Refer online to http://www.njstormwater.org for information on the NSPS.
c.
Soils.
1.
USDA Soil Textural Triangle.
 Source: U.S. Department of Agriculture
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2.
A-HORIZON
ARTESIAN ZONE OF SATURATION
CHROMA
CLAY
CLAY LOAM
COARSE FRAGMENT
COUNTY SOIL SURVEY REPORT
DIRECT SUPERVISION
EQUIVALENT SPHERICAL DIAMETERS OF A PARTICLE
EXCESSIVELY COARSE HORIZON
EXCESSIVELY COARSE SUBSTRATUM
EXTREMELY FIRM CONSISTENCE
FIRM CONSISTENCE
HARD CONSISTENCE
HUE
HYDRAULICALLY RESTRICTIVE HORIZON
HYDRAULICALLY RESTRICTIVE SUBSTRATUM
LOAMY SAND
LOWER PLASTIC LIMIT
MOTTLING
MUNSELL SYSTEM
O-HORIZON
PERCHED ZONE OF SATURATION
PIEZOMETER
PLATY STRUCTURE
REGIONAL ZONE OF SATURATION
SANDY CLAY
SANDY LOAM
SILT
SILT LOAM
SILTY CLAY
SILTY CLAY LOAM
SOIL AGGREGATE
SOIL COLOR
SOIL CONSISTENCE
SOIL HORIZON
SOIL LOG
SOIL MAPPING UNIT
SOIL PHASE
SOIL PROFILE
SOIL SERIES
SOIL STRUCTURAL CLASS
SOIL STRUCTURE
SOIL TEST PIT
SOIL TEXTURAL CLASS
SOIL TEXTURE
STATIC WATER LEVEL
SUBSTRATUM
UNSUITABLE SOIL
USDA SYSTEM OF CLASSIFICATION
VALUE
VERY FIRM CONSISTENCE
VERY HARD CONSISTENCE
ZONE OF SATURATION
Definitions. For the purposes of this Appendix, the following terms
shall have the meanings herein ascribed to them.
Shall mean the uppermost mineral horizon in a normal soil
profile. The upper part of the A-horizon is characterized by maximum
accumulation of finely divided, dark colored organic residues, known
as humus, which are intimately mixed with the mineral particles of
the soil.
Shall mean a zone of saturation which exists immediately
below a hydraulically restrictive horizon, and which has an upper
surface that is at a pressure greater than atmospheric, either seasonally
or throughout the year.
Shall mean the relative purity or strength of a color, a
quantity which decreases with increasing grayness. Chroma is one (1)
of the three (3) variables of soil color as defined in the Munsell
system of classification.
Shall mean a particle size category consisting of mineral particles which are smaller than 0.002 millimeters in equivalent spherical diameter. Also, a soil textural class having more than forty (40%) percent clay, less than forty-five (45%) percent sand, and less than forty (40%) percent silt, as shown in subsection 17-33.11c,1 (USDA Soil Textural Triangle).
Shall mean a soil textural class having twenty-seven to forty (27% to 40%) percent clay and twenty to forty-five (20% to 45%) percent sand, as shown in subsection 17-33.11c,1 (USDA Soil Textural Triangle).
Shall mean a rock fragment contained within the soil which
is greater than two (2) millimeters in equivalent spherical diameter
or which is retained on a two (2) millimeter sieve.
Shall mean a report prepared by the US Department of Agriculture,
Natural Resources Conservation Service which includes maps showing
the distribution of soil mapping units throughout a particular County
together with narrative descriptions of the soil series shown and
other information relating to the uses and properties of the various
soil series.
Shall mean control over and direction of work carried out
by others with full knowledge of and responsibility for such work.
Shall mean the diameter of a sphere which has a volume equal
to the volume of the particle.
Shall mean a horizon of limited thickness within the soil
profile which provides inadequate removal of pollutants from stormwater
due to a high coarse fragment content, excessively coarse texture
and/or excessively rapid permeability.
Shall mean a substratum below the soil profile which extends
beyond the depth of soil profile pits and borings and which provides
inadequate removal of pollutants from stormwater due to a high coarse
fragment content, excessively coarse texture and/or excessively rapid
permeability.
Shall mean a type of soil material whose moist aggregated
mass crushes only under very strong pressure; cannot be crushed between
the thumb and forefinger and shall be broken apart bit by bit.
Shall mean a type of soil material whose moist aggregated
mass crushes under moderate pressure between the thumb and forefinger
but resistance is distinctly noticeable.
Shall mean a type of soil material whose dry, aggregated
mass is moderately resistant to pressure; can be broken, in the hands
without difficulty but is barely breakable between the thumb and forefinger.
Shall mean the dominant spectral color, one (1) of the three
(3) variables of soil color defined within the Munsell system of classification.
Shall mean a horizon within the soil profile which slows
or prevents the downward or lateral movement of water and which is
underlain by permeable soil horizons or substrata. Any soil horizon
which has a saturated permeability less than one (1.0") inch per hour
is hydraulically restrictive.
Shall mean a substratum below the soil profile which slows
or prevents the downward or lateral movement of water and which extends
beyond the depth of profile pits or borings or to a massive substratum.
A substratum which has a saturated permeability less than one (1.0")
inch per hour is hydraulically restrictive.
Shall mean a soil textural class as shown in subsection 17-33.11c,1 (USDA Soil Textural Triangle), that has a maximum of eighty-five to ninety (85%—90%) percent sand with a percentage of silt plus one and a half (1.5) times the percentage of clay not in excess of fifteen (15); or a minimum of seventy to eighty-five (70%—85%) percent sand with a percentage of silt plus one and a half (1.5) times the percentage of clay not in excess of thirty (30).
Shall mean the moisture content corresponding to the transition
between the plastic and semi-solid states of soil consistency. This
corresponds to the lowest soil moisture content at which the soil
can be molded in the fingers to form a rod or wire, one-eighth (1/8")
inches in thickness, without crumbling.
Shall mean a color pattern observed in soil consisting of
blotches or spots of contrasting color. The term "mottle" refers to
an individual blotch or spot. The terms "color variegation," "iron
depletion" and "iron concentration" are equivalent to the term "mottling."
Mottling due to redoximorphic reactions is an indication of seasonal
or periodic and recurrent saturation.
Shall mean a system of classifying soil color consisting
of an alpha-numeric designation for hue, value and chroma, such as
"7.5 YR 6/2," together with a descriptive color name, such as "strong
brown."
Shall mean a surface horizon, occurring above the A-horizon
in some soils, which is composed primarily of undecomposed or partially
decomposed plant remains which have not been incorporated into the
mineral soil.
Shall mean a zone of saturation which occurs immediately
above a hydraulically restrictive horizon and which is underlain by
permeable horizons or substrata which are not permanently or seasonally
saturated.
Shall mean a device consisting of a length of metal or plastic
pipe, open at the bottom or perforated within a specified interval,
and used for the determination of depth to water, permeability or
hydraulic head within a specific soil horizon or substratum.
Shall mean and is characterized by a soil aggregate which
has one (1) axis distinctly shorter than the other two (2) and are
oriented with the short axis vertical.
Shall mean a zone of saturation which extends vertically
without interruption below the depth of soil borings and profile pits.
Shall mean a soil textural class having thirty-five (35%) percent or more of clay and forty-five (45%) percent or more of sand, as shown in subsection 17-33.11c,1 (USDA Soil Textural Triangle).
Shall mean a soil textural class, as shown in subsection 17-33.11c,1 (USDA Soil Textural Triangle), that has a maximum of twenty (20%) percent clay, and the percentage of silt plus twice the percentage of clay exceeds thirty (30), and contains fifty-two (52%) percent or more sand; or less than seven (7%) percent clay, less than fifty (50%) percent silt, and between forty-three and fifty-two (43% and 52%) percent sand.
Shall mean a particle size category consisting of mineral particles which are between 0.002 and 0.05 millimeters in equivalent spherical diameter. It also means a soil textural class having eighty (80%) percent or more of silt and twelve (12%) percent or less of clay, as shown in subsection 17-33.11c,1 (USDA Soil Textural Triangle).
Shall mean a soil textural class having fifty (50%) percent or more of silt and twelve to twenty-seven (12% to 27%) percent of clay; or fifty to eighty (50% to 80%) percent of silt and less than twelve (12%) percent of clay, as shown in subsection 17-33.11c,1 (USDA Soil Textural Triangle).
Shall mean a soil textural class having forty (40%) percent of clay and forty (40%) percent or more of silt, as shown in subsection 17-33.11c,1 (USDA Soil Textural Triangle).
Shall mean a soil textural class having twenty-seven to forty (27% to 40%) percent of clay and less than twenty (20%) percent of sand, as shown in subsection 17-33.11c,1 (USDA Soil Textural Triangle).
Shall mean a naturally occurring unit of soil structure consisting
of particles of sand, silt, clay, organic matter, and coarse fragments
held together by the natural cohesion of the soil.
Shall mean the soil color name and Munsell color designation
determined by comparison of the moist soil with color chips contained
in a Munsell soil color book.
Shall mean the resistance of a soil aggregate or clod to
being crushed between the fingers or broken by the hands. Terms for
describing soil consistence described are in N.J.A.C. 7:9A-5.3(h).
Shall mean a layer within a soil profile differing from layers
of soil above and below it in one (1) or more of the soil morphological
characteristics including color, texture, coarse fragment content,
structure, consistence and mottling.
Shall mean a description of the soil profile which includes
the depth, thickness, color, texture, coarse fragment content, mottling,
structure and consistence of each soil horizon or substratum.
Shall mean an area outlined on a map in a County Soil Survey
Report and marked with a letter symbol designating a soil phase, a
complex of two (2) or more soil phases, or some other descriptive
term where no soil type has been identified.
Shall mean a specific type of soil which is mapped by the
Natural Resources Conservation Service and which belongs to a soil
series described within the County Soil Survey Report.
Shall mean a vertical cross-section of undisturbed soil showing
the characteristic horizontal layers or horizons of the soil which
have formed as a result of the combined effects of parent material,
topography, climate, biological activity and time.
Shall mean a grouping of soil types possessing a specific
range of soil profile characteristics which are described within the
County Soil Survey Report. Each soil series may consist of several
"soil phases" which may differ in slope, texture of the surface horizon
or stoniness.
Shall mean one (1) of the shape classes of soil structure
described in N.J.A.C. 7:9A-5.3(g).
Shall mean the naturally occurring arrangement, within a
soil horizon, of sand, silt and clay particles, coarse fragments and
organic matter, which are held together in clusters or aggregates
of similar shape and size.
Shall mean an excavation made for the purpose of exposing
a soil profile which is to be described.
Shall mean one (1) of the classes of soil texture defined
within the USDA system of classification. (Soil Survey Manual, Agricultural
Handbook No. 18, USDA Soil Conservation Service 1962.)
Shall mean the relative proportions of sand, silt and clay
in that portion of the soil which passes through a sieve with two
(2) millimeter openings.
Shall mean the depth below the ground surface or the elevation
with respect to some reference level, of the water level observed
within a soil profile pit or boring, or within a piezometer, after
this level has stabilized or become relatively constant with the passage
of time.
Shall mean a layer of soil or rock material present below
the soil profile and extending beyond the depth of soil borings or
profile pits.
Shall mean all soil other than suitable soil.
Shall mean the system of classifying soil texture used by the United States Department of Agriculture which defines twelve (12) soil textural classes based upon the weight percentages of sand, silt and clay in that portion of the soil which passes through a sieve with two (2 mm) millimeter openings. The soil textural classes are shown graphically on the USDA Soil Textural Triangle, as shown in subsection 17-33.11c,1.
Shall mean the relative lightness or intensity of a color,
one (1) of the three (3) variables of soil color defined within the
Munsell system of classification.
Shall mean and is characterized by a moist soil which crushes
under strong pressure; barely crushable between thumb and forefinger.
Shall mean and is characterized by a dry soil which is resistant
to pressure, can be broken in the hands only with difficulty; not
breakable between the thumb and forefinger.
Shall mean a layer within or below the soil profile which
is saturated with groundwater either seasonally or throughout the
year. This includes both regional and perched zones.
3.
Methods for assessing soil suitability for infiltration stormwater
management BMPs. The results of a subsurface investigation shall serve
as the basis for the site selection and design of stormwater infiltration
BMPs. The subsurface investigation shall include, but not be limited
to, a series of soil test pits and soil permeability tests conducted
in accordance with the following:
(a)
All soil test pits and soil permeability results shall be performed
under the direct supervision of a professional engineer. All soil
logs and permeability test data shall be accompanied by a certification
by a professional engineer. The results and location (horizontal and
vertical) of all soil test pits and soil permeability tests, both
passing and failing, shall be reported to the Borough of Beachwood.
(b)
During all subsurface investigations and soil test procedures,
adequate safety measures shall be taken to prohibit unauthorized access
to the excavations at all times. It is the responsibility of persons
performing or witnessing subsurface investigations and soil permeability
tests to comply with all applicable Federal, State and local laws
and regulations governing occupational safety.
(c)
A minimum of two (2) soil test pits shall be excavated within
the footprint of any proposed infiltration BMP to determine the suitability
and distribution of soil types present at the site. Placement of the
test pits shall be within twenty (20') feet of the basin perimeter,
located along the longest axis bisecting the BMP. For BMPs larger
than ten thousand (10,000) square feet in area, a minimum of one (1)
additional soil test pit shall be conducted within each additional
area of ten thousand (10,000) square feet. The additional test pit(s)
shall be placed approximately equidistant to other test pits, so as
to provide adequate characterization of the subsurface material. In
all cases, where soil and/or groundwater properties vary significantly,
additional test pits shall be excavated in order to accurately characterize
the subsurface conditions below the proposed infiltration BMP. Soil
test pits shall extend to a minimum depth of eight (8') feet below
the lowest elevation of the basin bottom or to a depth that is at
least two (2) times the maximum potential water depth in the proposed
infiltration BMP, whichever is greater.
(d)
A soil test pit log shall be prepared for each soil test pit.
The test pit log shall, at a minimum, provide the elevation of the
existing ground surface, the depth and thickness (in inches) of each
soil horizon or substratum, the dominant matrix or background and
mottle colors using the Munsell system of classification for hue,
value and chroma, the appropriate textural class as shown on the USDA
textural triangle, the volume percentage of coarse fragments (larger
than two (2) millimeters in diameter), the abundance, size, and contrast
of mottles, the soil structure, soil consistence, and soil moisture
condition, using standard USDA classification terminology for each
of these soil properties. Soil test pit logs shall identify the presence
of any soil horizon, substratum or other feature that exhibits an
in-place permeability rate less than one (1") inch per hour.
(e)
Each soil test pit log shall report the depth to seasonally
high water level, either perched or regional, and the static water
level based upon the presence of soil mottles or other redoximorphic
features, and observed seepage or saturation. Where redoximorphic
features including soil mottles resulting from soil saturation are
present, they shall be interpreted to represent the depth to the seasonal
high water table unless soil saturation or seepage is observed at
a higher level. When the determination of the seasonally high water
table shall be made in ground previously disturbed by excavation,
direct observation of the static water table during the months of
January through April shall be the only method permitted.
(f)
Any soil horizon or substratum which exists immediately below
a perched zone of saturation shall be deemed by rule to exhibit unacceptable
permeability (less than one (1") inch per hour). The perched zone
of saturation may be observed directly, inferred based upon soil morphology,
or confirmed by performance of a hydraulic head test as defined at
N.J.A.C. 7:9A-5.9.
(g)
Stormwater infiltration BMPs shall not be installed in soils
that exhibit artesian groundwater conditions. A permeability test
shall be conducted in all soils that immediately underlie a perched
zone of saturation. Any zone of saturation which is present below
a soil horizon which exhibits an in-place permeability of less than
0.2 inches per hour shall be considered an artesian zone of saturation
unless a minimum one (1') foot thick zone of unsaturated soil, free
of mottling or other redoximorphic features and possessing a chroma
of four (4) or higher, exists immediately below the unsuitable soil.
(h)
A minimum of one (1) permeability test shall be performed at
each soil test pit location. The soil permeability rate shall be determined
using test methodology as prescribed in N.J.A.C. 7:9A-6.2 (Tube Permeameter
Test), 6.5 (Pit Bailing Test) or 6.6 (Piezometer Test). When the tube
permeameter test is used, a minimum of two (2) replicate samples shall
be taken and tested. Alternative permeability test procedures may
be accepted by the approving authority provided the test procedure
attains saturation of surrounding soils, accounts for hydraulic head
effects on infiltration rates, provides a permeability rate with units
expressed in inches per hour and is accompanied by a published source
reference. Examples of suitable sources include hydrogeology, geotechnical
or engineering text and design manuals, proceedings of American Society
for Testing and Materials (ASTM) symposia, or peer-review journals.
Neither a Soil Permeability Class Rating Test, as described in N.J.A.C.
7:9A-6.3, nor a Percolation Test, as described in N.J.A.C. 7:9A-6.4,
are acceptable tests for establishing permeability values for the
purpose of complying with this section.
(i)
Soil permeability tests shall be conducted on the most hydraulically
restrictive horizon or substratum to be left in place below the basin
as follows. Where no soil replacement is proposed, the permeability
tests shall be conducted on the most hydraulically restrictive horizon
or substratum within four (4') feet of the lowest elevation of the
basin bottom or to a depth equal to two (2) times the maximum potential
water depth within the basin, whichever is greater. Where soil replacement
is proposed, the permeability tests shall be conducted within the
soil immediately below the depth of proposed soil replacement or within
the most hydraulically restrictive horizon or substratum to a depth
equal to two (2) times the maximum potential water depth within the
basin, whichever is greater. Permeability tests may be performed on
the most hydraulically restrictive soil horizons or substrata at depths
greater than those identified above based upon the discretion of the
design or testing engineer. The tested infiltration rate should then
be divided by two (2) to establish the soil's design permeability
rate. Such division will provide a one hundred (100%) percent safety
factor to the tested rate.
(j)
The minimum acceptable "tested permeability rate" of any soil
horizon or substratum shall be one (1") inch per hour. Soil materials
that exhibit tested permeability rates slower than one (1") inch per
hour shall be considered unsuitable for stormwater infiltration. The
maximum reportable "tested permeability rate" of any soil horizon
or substratum shall be no greater than twenty (20") inches per hour
regardless of the rate attained in the test procedure.
(k)
After all construction activities have been completed on the
development site and the finished grade has been established in the
infiltration BMP, a minimum of one (1) permeability test shall be
conducted within the most hydraulically restrictive soil horizon or
substratum below the as-built BMP to ensure the performance of the
infiltration BMP as is designed. Hand tools and manual permeability
test procedures shall be used for the purpose of confirming BMP performance.
In addition, the infiltration BMP shall be flooded with water sufficient
to demonstrate the performance of the BMP. Test results shall be certified
to the Municipal Engineer.
(l)
A groundwater mounding analysis shall be provided for each stormwater
infiltration BMP. The groundwater mounding analysis shall calculate
the maximum height of the groundwater mound based upon the volume
of the maximum design storm. The professional engineer conducting
the analysis shall provide the Municipal Engineer with the methodology
and supporting documentation for the mounding analysis used and shall
certify to the Borough of Beachwood, based upon the analysis, that
the groundwater mound will not cause stormwater or groundwater to
breakout to the land surface or cause adverse impact to adjacent surface
water bodies, wetlands or subsurface structures including but not
limited to basements and septic systems. If there is more than one
(1) infiltration BMP proposed, the model shall indicate if and how
the mounds will interact. The mounding analysis shall be calculated
using the most restrictive soil horizon that will remain in place
within the explored aquifer thickness unless alternative analysis
is authorized by the Municipal Engineer. The mounding analysis shall
be accompanied by a cross-section of the infiltration BMP and surrounding
topography and the mound analysis shall extend out to the point(s)
at which the mound intersects with the preexisting maximum water table
elevation.
d.
Pretreatment measures for infiltration BMPs. By reducing incoming
velocities and capturing coarser sediments, pretreatment can extend
the functional life and increase the pollutant removal capability
of infiltration measures. Therefore, the installation of pretreatment
measures is recommended for all development sites. Pretreatment measures
may include, but are not limited to, the following:
e.
Collection and conveyance.
1.
Bicycle-safe inlot grates. Site development plans that incorporate
site design features that help 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.
(a)
Design engineers shall use either of the following grates whenever
they use a grate in pavement or another ground surface to collect
stormwater from that surface into a storm drain or surface water body
under that grate:
(1)
The New Jersey Department of Transportation (NJDOT) bicycle
safe grate, which is described in Chapter 2.4 of the NJDOT Bicycle
Compatible Roadways and Bikeways Planning and Design Guidelines (April
1996); or
(2)
A different grate, if each individual clear space in that grate
has an area of no more than seven (7) square inches, or is no greater
than one-half (0.5") inch 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 (2) or more clear spaces) shall have an area
of no more than seven (7) square inches, or be no greater than two
(2") inches across the smallest dimension.
(c)
This standard does not apply:
(1)
Where the review agency determines 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 from the water quality design storm as specified in subsection 17-33.3 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 (1) of the following:
(3)
Where flows are conveyed through a trash rack that has parallel bars with one (1") inch spacing between the bars, to the elevation of the water quality design storm as specified in subsection 17-33.3 of this section; or
(4)
Where the NJDEP 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.
2.
Catch basins. Catch basins are storm drain inlets with or without
sumps. Catch basins may provide pretreatment for other stormwater
BMPs by capturing large sediments. The sediment and pollutant removal
efficiency of catch basins depends on the size of the sump and the
performance of routine maintenance to retain the available sediment
storage space in the sump. Where catch basins with sumps are proposed,
the minimum two (2') feet separation between the bottom of the sump
and seasonally high water table shall be provided.
3.
Open or perforated conveyance piping. Where adequate separation to
the seasonably high water table exists, stormwater from the development
site may be conveyed to a stormwater basin via a system of perforated
pipes. These pipes may be made of PVC or corrugated metal and are
available with perforations of varying size and spacing. Perforated
pipe specifications shall be certified by a professional engineer.
A professional engineer shall certify that perforated conveyance piping
will not act to intercept the seasonal high water table and convey
groundwater to the stormwater basin. All open or perforated stormwater
conveyance systems shall be installed with a minimum separation of
two (2') feet from the seasonal high water table.
[Ord. #2006-24, § 12]
a.
NJDEP technical guidance sources.
1.
New Jersey BMP Manual. Available from the Division of Watershed Management,
New Jersey Department of Environmental Protection, PO Box 418, Trenton,
New Jersey 08625; or online at http://www.njstormwater.org.
2.
NJDEP Stormwater Management Facilities Maintenance Manual. Available
from the Division of Watershed Management, New Jersey Department of
Environmental Protection, PO Box 418, Trenton, New Jersey 08625; or
online at http://njedl.rutgers.edu/ftp/PDFs/1188.pdf.
b.
Additional guidance sources.
1.
New Jersey Pinelands Commission, PO Box 7, 15 Springfield Road, New
Lisbon, New Jersey 08064; Phone: 609-894-7300; Website: http://www.state.nj.us/pinelands.
2.
State Soil Conservation Committee Standards for Soil Erosion and
Sediment Control in New Jersey. Available from all State Soil Conservation
Districts, including Ocean County Soil Conservation District.
3.
Ocean County Soil Conservation District.
4.
New Jersey Department of Transportation, PO Box 600, Trenton, NJ
08625-0600; Phone: 609-530-3536; Website: http://www.state.nj.us/transportation.
