[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
Flood control, groundwater recharge,
and pollutant reduction through nonstructural or low impact techniques
shall be explored before relying on structural Best Management Practices
(BMPs). Structural BMPs should be integrated with nonstructural stormwater
management strategies and proper maintenance plans. Nonstructural
strategies include both environmentally sensitive site design and
source controls that prevent pollutants from being placed on the site
or from being exposed to stormwater. Source control plans 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.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
It is the purpose of this Chapter to establish minimum stormwater management requirements and controls for "major development," as defined in Section
41:17-2, and to set penalties for failure to comply with the requirements.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
1. This Chapter shall be applicable to all
site plans and subdivisions.
2. This Chapter shall also be applicable to
all major developments undertaken by the City of Newark.
3. This Chapter shall also be applicable to
all major developments undertaken by any government, government agency,
special district, school district, Federal government or subdivision
thereof, State government or subdivision thereof, County government
or subdivision thereof and/or Special Bi-State Agencies.
a.
Compatibility with Other Permit and
Ordinance Requirements. Development approvals issued for subdivisions
and site plans pursuant to this Chapter 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 Chapter shall be held to be
the minimum requirements for the promotion of the public health, safety,
and general welfare. This Chapter is not intended to interfere with,
abrogate, or annul any other ordinance, rule or regulation, statute,
or other provision of law except that, where any provision of this
Chapter 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.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
Unless specifically defined below,
words or phrases used in this Chapter shall be interpreted so as to
give them the meaning they have in common usage and to give this Chapter
its most reasonable application. The definitions below are the same
as, or are based on, the corresponding definitions in N.J.A.C. 7:8-1.2
(Stormwater Management Rules). When not inconsistent with the context,
words used in the present tense include the future, words used in
the plural number include the singular number, and words used in the
singular number include the plural number. The word "shall" is always
mandatory and not merely directive.
BOARD
Shall mean, where applicable, the Newark Central Planning
Board or the Newark Zoning Board of Adjustment.
COMPACTION
Shall mean the increase in soil bulk density.
CORE
Shall mean a pedestrian-oriented area of commercial and civic
uses serving the surrounding municipality, generally including housing
and access to public transportation.
COUNTY REVIEW AGENCY
Shall mean an agency designated by the Board of County Commissioners
to review municipal stormwater management plans and implementing ordinance(s).
The County Review Agency may either be a 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
ordinance.
DEPARTMENT
Shall mean the New Jersey Department of Environmental Protection
(NJDEP).
DESIGN ENGINEER
Shall mean a person professionally qualified and duly licensed
in New Jersey to perform engineering or architecture services that
may include, but not necessarily be limited to, development of project
requirements, creation and development of project design and preparation
of drawings and specifications.
DESIGNATED CENTER
Shall mean a State Development and Redevelopment Plan Center
as designated by the State Planning Commission such as urban, regional,
town, village, or hamlet.
DEVELOPMENT
Shall mean 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., including development by
government agencies to which this Chapter applies.
DRAINAGE AREA
Shall mean a geographic area within which stormwater runoff,
sediments, or dissolved materials drain to a particular receiving
waterbody or to a particular point along a receiving waterbody.
EMPOWERMENT NEIGHBORHOOD
Shall mean 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.
ENVIRONMENTALLY CRITICAL AREAS
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 species; large
areas of contiguous open space or upland forest; steep slopes; and
well head protection and groundwater recharge areas. Habitats of endangered
or threatened species are identified using the NJDEP's Landscape Project
as approved by the NJDEP's Endangered and Nongame Species Program.
EROSION
Shall mean the detachment and movement of soil or rock fragments
by water, wind, ice or gravity.
IMPERVIOUS SURFACE
Shall mean a surface that has been covered with a layer of
material so that it is highly resistant to infiltration by water.
INFILTRATION
Shall mean the process by which water seeps into the soil
from precipitation.
MAJOR DEVELOPMENT
Shall mean any "development" that provides for ultimately
disturbing 1/2 acre or more land. Disturbance for the purpose of this
rule is the placement of impervious surface or exposure and/or movement
of soil or bedrock or clearing, cutting, or removing of vegetation.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
Shall mean a conveyance or system of conveyances (including
roads with drainage systems, municipal streets, catch basins, curbs,
gutters, ditches, manmade channels, or storm drains) that is owned
or operated by the City of Newark, New Jersey or other public body,
and is designed and used for collecting and conveying stormwater.
MS4s do not include combined sewer systems, which are sewer systems
that are designed to carry sanitary sewage at all times and to collect
and transport stormwater from streets and other sources.
NJDEP
Shall mean the New Jersey Department of Environmental Protection.
NODE
Shall mean an area designated by the State Planning Commission
concentrating facilities and activities which are not organized in
a compact form.
NUTRIENT
Shall mean a chemical element or compound, such as nitrogen
or phosphorus, which is essential to and promotes the development
of organisms.
PERSON
Shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State, and in
particular the City of Newark, New Jersey, its Planning Board, Board
of Adjustment, or Council when acting pursuant to the Municipal Land
Use Law, N.J.S.A. 40:55D-1 et seq.
POLLUTANT
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 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.
RECHARGE
Shall mean the amount of water from precipitation that infiltrates
into the ground and is not evapotranspired.
SEDIMENT
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.
SEWER, COMBINED
Shall mean a sewer system that takes sanitary waste and stormwater
runoff in the same system.
SITE
Shall mean the lot or lots upon which a major development
is to occur or has occurred.
SOIL
Shall mean all unconsolidated mineral and organic material
of any origin.
STATE PLAN POLICY MAP
Shall mean the geographic application of the State Development
and Redevelopment Plan's goals and Statewide policies, and the official
map of these goals and policies.
STORM DRAIN INLET
Shall mean an opening in a storm drain used to collect stormwater
runoff and includes, but is not limited to, a grate inlet, curb-opening
inlet, slotted inlet, and combination inlet.
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.
STORMWATER MANAGEMENT BASIN
Shall mean an excavation or embankment and related areas
designed to retain stormwater runoff. A stormwater management basin
may either be normally dry (that is, a detention basin or infiltration
basin), retain water in a permanent pool (a retention basin), or be
planted mainly with wetland vegetation (most constructed stormwater
wetlands).
STORMWATER MANAGEMENT MEASURE
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.
STORMWATER RUNOFF
Shall mean water flow on the surface of the ground or in
storm sewers, resulting from precipitation.
TIDAL FLOOD HAZARD AREA
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.
UNIMPROVED
Shall mean land that has a preconstruction condition with
good hydrologic condition.
URBAN ENTERPRISE ZONE
Shall mean a zone designated by the New Jersey Enterprise
Zone Authority pursuant to the New Jersey Urban Enterprise Zones Act,
N.J.S.A. 52:27H-60 et seq.
URBAN REDEVELOPMENT AREA
Is defined as previously developed portions of areas:
1.
Delineated on the State Plan Policy
Map (SPPM) as the Metropolitan Planning Area (PA1), Designated Centers,
Cores or Nodes;
2.
Designated as CAFRA Centers, Cores
or Nodes;
3.
Designated as Urban Enterprise Zones;
and
4.
Designated as Urban Coordinating
Council Empowerment Neighborhoods;
5.
Designated as a State Development
and Redevelopment Plan Metropolitan Planning Area (PA1). Newark, New
Jersey is a Designated Center and is entirely in PA1.
WATERS OF THE STATE
Shall mean the ocean and its estuaries, all springs, streams,
wetlands, and bodies of surface or groundwater, whether natural or
artificial, within the boundaries of the State of New Jersey or subject
to its jurisdiction.
WETLANDS OR WETLAND
Shall mean 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.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
1. Stormwater management measures for development shall be developed to meet the erosion control, groundwater recharge, stormwater runoff quantity, and stormwater runoff quality standards in Section
41:17-4 of this Chapter. To the maximum extent practicable, these standards shall be met by incorporating nonstructural stormwater management strategies into the design. If these strategies alone are not sufficient to meet these standards, structural stormwater management measures necessary to meet these standards shall be incorporated into the design.
2. The standards in this Chapter are intended
to minimize the impact of stormwater runoff on water quality and water
quantity in receiving water bodies and maintain groundwater recharge.
3. No land area shall be developed by any
applicant such that:
a.
The volume and rate of stormwater
runoff occurring from the property is increased over the volume and
rate, which occurs under existing predevelopment conditions or preconstruction.
b.
The drainage of the adjacent properties
is adversely affected.
c.
The existing drainage pattern of
ditches, channels, and streams is not altered, nor their carrying
capacities exceeded.
d.
Stormwater runoff from impervious
areas, such as parking lots, driveways or loading zones, flows over
or across sidewalks, or out of driveways.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
For the stormwater management measures incorporated into the design of a major development, all developments shall incorporate a maintenance plan in accordance with Section
41:17-10 of this Chapter.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
Stormwater management measures shall
avoid adverse impacts of concentrated flow on the storm or combined
sewer system or habitat for threatened and endangered species as documented
pursuant to the NJDEP's Landscape Project or Natural Heritage Database
established under N.J.S.A. 13:1B15.147 through 15.150.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
The following linear development projects are exempt from the groundwater recharge, stormwater runoff quantity, and stormwater runoff quality requirements of Sections
41:17-4-6 and
41:17-4-7:
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.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
A waiver from strict compliance from the groundwater recharge, stormwater runoff quantity, and stormwater runoff quality requirements of Sections
41:17-4-6 and
41:17-4-7 may be obtained for the enlargement of an existing public roadway or railroad; or the construction or enlargement of a public pedestrian access, provided that the following conditions are met:
1. The applicant demonstrates that there is
a public need for the project that cannot be accomplished by any other
means;
2. The applicant demonstrates through an alternatives analysis, that through the use of nonstructural and structural stormwater management strategies and measures, the option selected complies with the requirements of Sections
41:17-4-6 and
41:17-4-7 to the maximum extent practicable;
3. The applicant demonstrates that, in order to meet the requirements of Sections
41:17-4-6 and
41:17-4-7, existing structures currently in use, such as homes and buildings, would need to be condemned; and
4. The applicant demonstrates that it does not own or have other rights to areas, including the potential to obtain through condemnation lands not falling under Section
41:17-4-4, Subsection
3 above within the upstream drainage area of the receiving stream, that would provide additional opportunities to mitigate the requirements of Sections
41:17-4-6 and
41:17-4-7 that were not achievable on-site.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
1. To the maximum extent practicable, the standards in Sections
41:17-4-6 and
41:17-4-7 shall be met by incorporating nonstructural stormwater management strategies set forth in this section into the design. The applicant shall identify the nonstructural measures incorporated into the design of the project. If the applicant contends that it is not feasible for engineering, environmental, or safety reasons to incorporate any nonstructural stormwater management measures identified in Section
41:17-4-5, Subsection
2 below into the design of a particular project, the applicant shall identify the strategy considered and provide a basis for the contention.
2. Nonstructural stormwater management strategies
incorporated into site design shall:
a.
Protect areas that provide water
quality benefits or areas particularly susceptible to erosion and
sediment loss;
b.
Minimize impervious surfaces and
break up, disconnect the flow of runoff over impervious surfaces,
and utilize velocity reduction strategies;
c.
Maximize the protection of natural
drainage features and vegetation;
d.
Minimize the decrease in the "time
of concentration" from pre-construction to post-construction. "Time
of concentration" is defined as the time it takes for runoff to travel
from the hydraulically most distant point of the drainage area to
the point of interest within a watershed;
e.
Minimize land disturbance including
clearing and grading;
f.
Minimize soil compaction;
g.
Provide low-maintenance landscaping
that encourages retention and planting of native vegetation and minimizes
the use of lawns, fertilizers and pesticides;
h.
Provide vegetated open-channel conveyance systems discharging into and through stable vegetated areas provided that the approving board deems this arrangement to be safe for the public and that all safety regulations in Section
41:17-8 of this Chapter are met.
i.
Provide other source controls to
prevent or minimize the use or exposure of pollutants at the site,
in order to prevent or minimize the release of those pollutants into
stormwater runoff. Such source controls include, but are not limited
to:
i.
Site design features that help to prevent accumulation of trash and debris in drainage systems, including features that satisfy Section
41:17-4-5, Subsection 3 below;
ii.
Site design features that help to
prevent discharge of trash and debris from drainage systems;
iii.
Site design features that help to
prevent and/or contain spills or other harmful accumulations of pollutants
at industrial or commercial developments; and
iv.
When establishing vegetation after
land disturbance, applying fertilizer in accordance with the requirements
established under the Soil Erosion and Sediment Control Act, N.J.S.A.
4:24-39 et seq., and implementing rules.
3. Site design features identified under Section
41:17-4-5, Subsection 2.i.i and 2.i.ii above shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets. For purposes of this paragraph, "solid and floatable materials" means sediment, debris, trash, and other floating, suspended, or settleable solids. For exemptions to this standard see Section
41:17-4-5, Subsection 3.c.ii and 3.c.iii below.
a.
Design engineers shall use either
of the following grates whenever they use a grate in pavement or another
ground surface to collect stormwater from that surface into a storm
drain or surface water body under that grate:
i.
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
ii.
A different grate, if each individual
clear space in that grate has an area of no more than seven square
inches, or is no greater than 0.5 inches across the smallest dimension.
Examples of grates subject to this standard include grates in grate
inlets, the grate portion (non-curb-opening portion) of combination
inlets, grates on storm sewer manholes, ditch grates, trench grates,
and grates of spacer bars in slotted drains. Examples of ground surfaces
include surfaces of roads (including bridges), driveways, parking
areas, bikeways, plazas, sidewalks, lawns, fields, open channels,
and stormwater basin floors.
b.
Whenever design engineers use a curb-opening
inlet, the clear space in that curb opening (or each individual clear
space, if the curb opening has two or more clear spaces) shall have
an area of no more than seven square inches, or be no greater than
two inches across the smallest dimension.
c.
This standard does not apply:
i.
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;
ii.
Where flows from the water quality design storm as specified in Section
41:17-4-7, Subsection 1 are conveyed through any device (e.g., end of pipe netting facility, manufactured treatment device, or a catch basin hood) that is designed, at a minimum, to prevent delivery of all solid and floatable materials that could not pass through one of the following:
A.
A rectangular space 4A 5/8 inches
long and 1.5 inches wide (this option does not apply for outfall netting
facilities); or
B.
A bar screen having a bar spacing
of 0.5 inch.
iii.
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 Section
41:17-4-7, Subsection 1; or
iv.
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.
d.
Guidance for nonstructural stormwater
management strategies is available in the New Jersey Stormwater Best
Management Practices Manual. The BMP Manual may be found on the Department
of Environmental Protection's Stormwater and Nonpoint Source Pollution
website at www.njstormwater.org.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
1. This
section contains minimum design and performance standards to control
erosion, encourage and control infiltration and groundwater recharge,
and control stormwater runoff quantity impacts of major development.
a. 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., as well as Title XXVIII of the Municipal Code, Soil
Erosion and Sediment Control, and implementing rules.
b. The
minimum design and performance standards for groundwater recharge
are as follows:
i.
No groundwater recharge is required for projects within the "urban redevelopment area," or at projects where stormwater is not permitted to be recharged as prescribed in Section
41:17-4-6, Subsection 1.b.ii below. Newark is an "Urban Redevelopment Area."
ii.
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 302.3 and listed in
40 CFR 302.4; areas where recharge would be inconsistent with NJDEP
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.
iii.
If stormwater recharge is desired and allowed, the following applies. The design engineer shall, using the assumptions and factors for stormwater runoff and groundwater recharge calculations at Section
41:17-5, either:
A.
Demonstrate through hydrologic and
hydraulic analysis that the site and its stormwater management measures
maintain 100% of the average annual pre-construction groundwater recharge
volume for the site; or
B.
Demonstrate through hydrologic and
hydraulic analysis that the increase of stormwater runoff volume from
pre-construction to post-construction for the two-year storm is infiltrated.
iv.
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 superficial ponding,
flooding of basements, or interference with the proper operation of
subsurface sewage disposal systems and other subsurface structures
in the vicinity or down gradient of the groundwater recharge area.
c.
For major developments, in order to control stormwater runoff quantity impacts, the design engineer shall, using the assumptions and factors for stormwater runoff calculations at Section
41:17-5, complete one of the following:
i.
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;
ii.
Demonstrate through hydrologic and
hydraulic analysis that there is no increase, as compared to the pre-construction
condition, in the peak runoff rates of stormwater leaving the site
for the two-, ten-, and 100-year storm events and that the increased
volume or change in timing of stormwater runoff will not increase
flood damage at or downstream of the site. This analysis shall include
the analysis of impacts of future phases of the development project.
iii.
Design of Stormwater Storage Facilities.
A.
A minimum acceptable outlet pipe
from all storage facilities shall be eight inches internal diameter,
and be of material and class as approved by Title VII, the State Uniform
Construction Code as adopted by the City.
B.
In the case of detention facilities utilizing porous media for ground absorption, such as dry-wells, porous pavement, or the like, the volume of porous media shall be large enough to contain the total volume of rainfall excess, as required under Section
41:17-3-1 of this Chapter, within the voids. Ground absorption systems shall be used only where the infiltration rate of the receiving soil is acceptable as determined by percolation tests and performed under the guidelines and standards of N.J.A.C. 7:9A et seq. (Environmental Protection), and soil borings, or as determined by the Director of Engineering. The applicant must demonstrate to the Director of Engineering that the soil contains no contaminants that could leave the site by use of a detention facility where ground absorption occurs. Provisions shall be made to contain overflow of such systems on site or to surface drain the overflow in such a way as not to adversely affect any other property.
C.
If detention facilities utilizing
surface impoundment, such as detention basins or rooftop storage,
are used, sufficient volume to fully contain the total volume of rainfall
excess shall be provided. The outlets of such facilities shall be
designed to limit the maximum discharge rate of stormwater runoff
to what occurs at the site under existing conditions and shall discharge
in such a way as not to adversely affect any other property. If rooftop
storage is proposed, the weight of the impounded water on the roof
shall be accounted for in the structural design of the building and
the roof shall be designed to provide maximum protection against leakage.
D.
If a combination of different stormwater
detention techniques is used, the combined volume of the systems shall
be large enough to fully contain the total volume of rainfall excess.
E.
Stormwater detention facilities shall
be maintained regularly by the owner to insure continual functioning
of the systems at design capacity and to prevent the health hazards
associated with debris buildup and stagnant water. In no case shall
water be allowed to remain in any facility long enough to constitute
a mosquito breeding, disease or any other type of health problem.
F.
Stormwater conduits shall be designed
with full flow velocities ranging from a minimum of 2.5 feet per second
to a maximum of 10 feet per second.
G.
All drainage and storage facilities
shall be constructed to meet the requirements of the Director of Engineering.
H.
All stormwater conduits must be connected
to storm sewers or combined sewers wherever available, but in no case
will stormwater conduits be connected to sanitary sewers. In the event
that the municipal system is surcharged even after storage facilities
are designed, the Director of Engineering shall direct the point of
connection to the system or require such changes as are necessitated.
d.
For Nonmajor Developments:
i.
In order to accomplish the above objectives, the design of storm water drainage and storm water storage facilities may include (unless prohibited by Section
41:17-4-6 Subsection 1.b.iii), roof-top storage, oversized sewers with restricted outlet pipes, underground storage tanks, French drains, or where acceptable soil and groundwater conditions exist planted swale areas, recharge basins, dry wells, porous pavement, or any other innovative techniques, or a combination of the above as approved by the Director of Engineering.
ii.
Design of Stormwater Storage Facilities.
A.
On-tract stormwater facilities shall
be designed to contain the amount of stormwater runoff, which is equal
to the maximum difference in runoff between pre-development conditions
and post development conditions.
B.
Either the rational method or the
soil conservation service method as outlined in the Soil Conservation
Service National Engineering Handbook., Hydrology, shall be used for
computing the volume and rate of runoff from existing and post development
conditions.
C.
The amount of runoff shall be compiled
using a design storm with a ten-year return frequency for Essex County
(See Graph on file in Office of City Clerk). The minimum initial time
of concentration shall be 10 minutes.
D.
For computation with the rational
method, published runoff coefficients which reflect land use and topography
shall be used. Acceptable runoff coefficients currently in practice
include, but are not limited to the following:
Table 17-1. Land Use Types and Runoff
Coefficients
|
---|
Land Use Type
|
Runoff Coefficients
|
---|
Business
|
Central Business District
|
0.70 to 0.95
|
Neighborhood areas
|
0.50 to 0.70
|
Residential
|
Single-family areas
|
0.30 to 0.50
|
Multi-units, detached
|
0.40 to 0.60
|
Multi-units, attached
|
0.60 to 0.75
|
Apartment dwelling areas
|
0.50 to 0.70
|
Industrial
|
Light areas
|
0.50 to 0.80
|
Heavy areas
|
0.60 to 0.90
|
Parks, Cemeteries
|
0.10 to 0.25
|
Playgrounds
|
0.20 to 0.35
|
Railroad yard areas
|
0.20 to 0.40
|
Unimproved Areas
|
0.10 to 0.30
|
Surface Type
|
Streets
|
Asphaltic
|
0.70 to 0.95
|
Concrete
|
0.80 to 0.95
|
Brick
|
0.75 to 0.85
|
Drives and Walks
|
0.75 to 0.85
|
Roofs
|
0.75 to 0.85
|
Lawns; Sandy Soil
|
Flat, 2%
|
0.05 to 0.10
|
Average, 2 to 7%
|
0.10 to 0.15
|
Steep, 7%
|
0.15 to 0.20
|
Lawns; Heavy Soil
|
Flat, 2%
|
0.13 to 0.17
|
Average 2 to 7%
|
0.18 to 0.22
|
Steep, 7%
|
0.25 to 0.35
|
E.
A minimum acceptable outlet pipe
from all storage facilities shall be eight inches internal diameter,
and be of material and class as approved by Title vii, State Uniform
Construction Code, as adopted by the City.
F.
In the case of detention facilities
utilizing porous media for ground absorption, such as dry-wells, porous
pavement, or the like, the volume of porous media shall be large enough
to contain the total volume of rainfall excess, as required within
the voids. Ground absorption systems shall be used only where the
infiltration rate of the receiving soil is acceptable as determined
by percolation tests and performed under the guidelines and standards
of N.J.A.C. 7:9A et seq. [Environmental Protection], and soil borings,
or as determined by the Director of Engineering. Provisions shall
be made to contain overflow of such systems on site or to surface
drain the overflow in such a way as not to adversely affect any other
property.
G.
If detention facilities utilizing
surface impoundment, such as detention basins or rooftop storage,
are used, sufficient volume to fully contain the total volume of rainfall
excess shall be provided. The outlets of such facilities shall be
designed to limit the maximum discharge rate of stormwater runoff
to what occurs at the site under existing conditions and shall discharge
in such a way as not to adversely affect any other property. If rooftop
storage is proposed, the weight of the impounded water on the roof
shall be accounted for in the structural design of the building and
the roof shall be designed to provide maximum protection against leakage.
H.
If a combination of different stormwater
detention techniques is used, the combined volume of the systems shall
be large enough to fully contain the total volume of rainfall excess.
I.
Stormwater detention facilities shall
be maintained regularly by the owner to insure continual functioning
of the systems at design capacity and to prevent the health hazards
associated with debris buildup and stagnant water. In no case shall
water be allowed to remain in any facility long enough to constitute
a mosquito breeding, disease or any other type of health problem.
J.
Stormwater conduits shall be designed
with full flow velocities ranging from a minimum of 2.5 feet per second
to a maximum of 10 feet per second.
K.
All drainage and storage facilities
shall be constructed to meet the requirements of the Director of Engineering.
L.
All stormwater conduits must be connected
to storm sewers or combined sewers wherever available, but in no case
will stormwater conduits be connected to sanitary sewers. In the event
that the municipal system is surcharged even after storage facilities
are designed, the Director of Engineering shall direct the point of
connection to the system or require such changes as are necessitated.
e.
In tidal flood hazard areas, stormwater
runoff quantity analysis shall only be applied if the increased volume
of stormwater runoff could increase flood damages below the point
of discharge.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
1. Stormwater management measures shall be
designed to reduce the post-construction load of total suspended solids
(TSS) in stormwater runoff by 80% of the anticipated load from the
developed site, expressed as an annual average. The requirement to
reduce TSS does not apply to any stormwater runoff in a discharge
regulated under a numeric effluent limitation for TSS imposed under
the New Jersey Pollution Discharge Elimination System (NJPDES) rules,
N.J.A.C. 7:14A, or in a discharge specifically exempt under a NJPDES
permit from this requirement. The water quality design storm is 1.25
inches of rainfall in two hours. Water quality calculations shall
take into account the distribution of rain from the water quality
design storm, as reflected in Table 17-2 (below). The calculation
of the volume of runoff may take into account the implementation of
nonstructural and structural stormwater management measures.
Table 17-2: 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
|
2. For purposes of TSS reduction calculations, Table 17-3 below presents the presumed removal rates for certain BMPs designed in accordance with the New Jersey Stormwater Best Management Practices Manual, available online at http://www.nj.gov/dep/stormwater/bmp_manual2.htm. The BMP Manual may be obtained from the address identified in Section
41:17-7 or found on the Department of Environmental Protection's Stormwater and Nonpoint Source Pollution website at www.njstormwater.org. The BMP Manual and other sources of technical guidance are listed in Section
41:17-7. TSS reduction shall be calculated based on the removal rates for the BMPs in Table 17-3 below. Alternative removal rates and methods of calculating removal rates may be used if the design engineer provides documentation demonstrating the capability of these alternative rates and methods to the review agency. A copy of any approved alternative rate or method of calculating the removal rate shall be provided to the NJDEP at the following address: Division of Watershed Management, New Jersey Department of Environmental Protection, PO Box 418, Trenton, New Jersey, 08625-0418.
3. If more than one BMP in series is necessary
to achieve the required 80% TSS reduction for a site, the applicant
shall utilize the following formula to calculate TSS reduction:
R = A + B - (AxB)/100
|
Where:
|
R
|
=
|
total TSS percent load removal from
application of both BMPs, and
|
A
|
=
|
the TSS percent removal rate applicable
to the first BMP
|
B
|
=
|
the TSS percent removal rate applicable
to the second BMP
|
Table 17-3: TSS Removal Rates for
BMPs
|
---|
Best Management Practice
|
TSS Percent Removal Rate
|
---|
Bioretention Systems
|
90
|
Constructed Stormwater Wetland
|
90
|
Extended Detention Basin
|
40-60
|
Infiltration Structure
|
80
|
Manufactured Treatment Device
|
See Section 41:17-6(3)
|
Sand Filter
|
80
|
Vegetative Filter Strip
|
60-80
|
Wet Pond
|
50-90
|
4. If there is more than one on-site drainage
area, the 80% TSS removal rate shall apply to each drainage area,
unless the runoff from the subareas converge on site in which case
the removal rate can be demonstrated through a calculation using a
weighted average.
5. Stormwater management measures shall also be designed to reduce, to the maximum extent feasible, the post-construction nutrient load of the anticipated load from the developed site in stormwater runoff generated from the water quality design storm. In achieving reduction of nutrients to the maximum extent feasible, the design of the site shall include nonstructural strategies and structural measures that optimize nutrient removal while still achieving the performance standards in Sections
41:17-4-6 and
41:17-4-7.
6. Additional information and examples are contained in the New Jersey Stormwater Best Management Practices Manual, which may be obtained from the address identified in Section
41:17-7 hereof.
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 fresh waters classified
as FW1.
8. There are no Category One Rivers in Newark,
but in the case that such a river is so designated, the following
shall apply. Special water resource protection areas shall be established
along all waters designated Category One at N.J.A.C. 7:9B-1.15(c)
through (g), and perennial or intermittent streams that drain into
or upstream of the Category One waters as shown on the USGS Quadrangle
Maps or in the County Soil Surveys, within the associated HUC14 drainage
area. These areas shall be established for the protection of water
quality, aesthetic value, exceptional ecological significance, exceptional
recreational significance, exceptional water supply significance,
and exceptional fisheries significance of those established Category
One waters. These areas shall be designated and protected as follows:
a.
The applicant shall preserve and
maintain a special water resource protection area in accordance with
one of the following:
i.
A 300-foot special water resource
protection area shall be provided on each side of the waterway, measured
perpendicular to the waterway from the top of the bank outwards or
from the centerline of the waterway where the bank is not defined,
consisting of existing vegetation or vegetation allowed to follow
natural succession is provided.
ii.
Encroachment within the designated
special water resource protection area in the paragraph above shall
only be allowed where previous development or disturbance has occurred
(for example, active agricultural use, parking area or maintained
lawn area). The encroachment shall only be allowed where the applicant
demonstrates that the functional value and overall condition of the
special water resource protection area will be maintained to the maximum
extent practicable. In no case shall the remaining special water resource
protection area be reduced to less than 150 feet as measured perpendicular
to the top of bank of the waterway or centerline of the waterway where
the bank is undefined. All encroachments proposed under this subparagraph
shall be subject to review and approval by the NJDEP.
b.
All stormwater shall be discharged
outside of and flow through the special water resource protection
area and shall comply with the Standard for Off-Site Stability in
the "Standards For Soil Erosion and Sediment Control in New Jersey,"
established under the Soil Erosion and Sediment Control Act, N.J.S.A.
4:24-39 et seq., as well as Title XXVIII of the Municipal Code, Soil
Erosion and Sediment Control.
c.
If stormwater, discharged outside
of and flowing through the special water resource protection area,
cannot comply with the Standard For Off-Site Stability in the "Standards
for Soil Erosion and Sediment Control in New Jersey," established
under the Soil Erosion and Sediment Control Act, N.J.S.A. 4:24-39
et seq., as well as Title XXVIII of the Municipal Code, Soil Erosion
and Sediment Control, then the stabilization measures in accordance
with the requirements of the above standards may be placed within
the special water resource protection area, provided that:
i.
Stabilization measures shall not
be placed within 150 feet of the Category One waterway;
ii.
Stormwater associated with discharges
allowed by this section shall achieve a 95% TSS post-construction
removal rate;
iii.
Temperature shall be addressed to
ensure no impact on the receiving waterway;
iv.
The encroachment shall only be allowed
where the applicant demonstrates that the functional value and overall
condition of the special water resource protection area will be maintained
to the maximum extent practicable;
v.
A conceptual project design meeting
shall be held with the appropriate NJDEP staff and Soil Conservation
District staff to identify necessary stabilization measures; and
vi.
All encroachments proposed under
this section shall be subject to review and approval by the NJDEP.
d.
A stream corridor protection plan may be developed by a regional stormwater management planning committee as an element of a regional stormwater management plan, or by a municipality through an adopted municipal stormwater management plan. If a stream corridor protection plan for a waterway subject to Section
41:17-4-7, Subsection 8 has been approved by the Department of Environmental Protection, then the provisions of the plan shall be the applicable special water resource protection area requirements for that waterway. A stream corridor protection plan for a waterway subject to Section
41:17-4-7, Subsection 8 shall maintain or enhance the current functional value and overall condition of the special water resource protection area as defined in Section
41:17-4-7, Subsection 8.ai above. In no case shall a stream corridor protection plan allow the reduction of the Special Water Resource Protection Area to less than 150 feet as measured perpendicular to the waterway subject to this Subsection.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
Stormwater runoff shall be calculated
in accordance with the following:
1. 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.
The percentages shall not be applied to post-construction stormwater
runoff into tidal flood hazard areas if the increased volume of stormwater
runoff will not increase flood damages below the point of discharge;
or
2. Computation and Design Standards:
a.
For computation with the rational
method, published runoff co-efficient which reflects land use and
topography shall be used. Acceptable runoff co-efficient currently
in practice includes, but are not limited to the following:
Table 17-4
|
---|
Land Use Type
|
Runoff Coefficient
|
---|
Business
|
Central Business District
|
0.70 to 0.95
|
Neighborhood areas
|
0.50 to 0.70
|
Residential
|
Single-family areas
|
0.30 to 0.50
|
Multi-units, detached
|
0.40 to 0.60
|
Multi-units, attached
|
0.60 to 0.75
|
Apartment dwelling areas
|
0.50 to 0.70
|
Industrial
|
Light areas
|
0.50 to 0.80
|
Heavy areas
|
0.60 to 0.90
|
Parks, Cemeteries
|
0.10 to 0.25
|
Playgrounds
|
0.20 to 0.35
|
Railroad yard areas
|
0.20 to 0.40
|
Unimproved Areas
|
0.10 to 0.30
|
Table 17-5
|
---|
Surface Type
|
Runoff Coefficient
|
---|
Streets
|
Asphaltic
|
0.70 to 0.95
|
Concrete
|
0.80 to 0.95
|
Brick
|
0.75 to 0.85
|
Drives & Walks
|
0.75 to 0.85
|
Roofs
|
0.75 to 0.85
|
Lawns; Sandy Soil
|
Flat, 2%
|
0.05 to 0.10
|
Average, 2 to 7%
|
0.10 to 0.15
|
Steep, 7%
|
0.15 to 0.20
|
Lawns; Heavy Soil
|
Flat, 2%
|
0.13 to 0.17
|
Average, 2 to 7%
|
0.18 to 0.22
|
Steep, 7%
|
0.25 to 0.35
|
b.
The USDA Natural Resources Conservation
Services (NRCS) methodology, including the NRCS runoff Equation and
Dimensionless Unit Hydrograph, as described in the NRCS National Engineering
Handbook Section 4 - Hydrology and Technical Release 55 - Urban Hydrology
for Small Watersheds; or the Rational Method for peak flow and the
Modified Rational Method for hydrograph computations.
3. 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 unimproved land with good hydrologic condition. The term "runoff coefficient" applies to both the NRCS methodology in Table 17-1 and the Rational and Modified Rational Methods at Section
41:17-5-1, Subsection
2b. In addition, there is the presumption that the site is in good hydrologic condition (if the land use type is lawn, or park), with good cover or with good hydrologic condition and conservation treatment.
4. 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 pre-construction stormwater runoff rates
and volumes.
5. 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.
6. 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, Flood Hazard Control Area Act
Rules, the design engineer shall take into account the effects of
tailwater in the design of structural stormwater management measures.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
Groundwater recharge may be calculated
in accordance with the following:
1. The New Jersey Geological Survey Report
GSR32 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; available online at http://www.state.nj.us/dep/njgs/;
or at New Jersey Geological Survey, 29 Arctic Parkway, P.O. Box 427,
Trenton, New Jersey 08625-0427.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
1. Standards for structural stormwater management
measures are as follows:
a. Structural stormwater management measures
shall be designed to take into account the existing site conditions,
including, for example, environmentally critical areas, wetlands;
flood-prone areas; slopes; depth to seasonal high water table; soil
type, permeability and texture; drainage area and drainage patterns;
and the presence of solution-prone carbonate rocks (limestone).
b. Structural stormwater management measures shall be designed to minimize maintenance, facilitate maintenance and repairs, and ensure proper functioning. Trash racks shall be installed at the intake to the outlet structure as appropriate, and shall have parallel bars with one inch spacing between the bars to the elevation of the water quality design storm. For elevations higher than the water quality design storm, the parallel bars at the outlet structure shall be spaced no greater than 1/3 the width of the diameter of the orifice or 1/3 the width of the weir, with a minimum spacing between bars of one inch and a maximum spacing between bars of six inches. In addition, the design of trash racks must comply with the requirements of Section
41:17-8-2.
i.
Structural stormwater management
measures shall be designed, constructed, and installed to be strong,
durable, and corrosion resistant.
ii.
At the intake to the outlet from
the stormwater management basin, the orifice size shall be a minimum
of 2.5 inches in diameter.
iii.
Stormwater management basins shall be designed to meet the minimum safety standards for stormwater management basins at Section
41:17-8-2.
2. Stormwater management measure guidelines are available in the New Jersey Stormwater Best Management Practices Manual online at http://www.nj.gov/dep/stormwater/bmp_manual2.htm. Other stormwater management measures may be utilized provided the design engineer demonstrates that the proposed measure and its design will accomplish the required water quantity, groundwater recharge and water quality design and performance standards established by Section
41:17-4 of this Chapter.
3. Manufactured treatment devices may be used to meet the requirements of Section
41:17-4 of this Chapter, provided the pollutant removal rates are verified by the New Jersey Corporation for Advanced Technology and certified by the NJDEP.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
Technical guidance for stormwater
management measures can be found in the documents listed at Subsections
1 and 2 below, which are available from Maps and Publications, New
Jersey Department of Environmental Protection, 428 East State Street,
P.O. Box 420, Trenton, New Jersey, 08625.
1. Guidelines for stormwater management measures
are contained in the New Jersey Stormwater Best Management Practices
Manual, available online at http://www.nj.gov/dep/stormwater/bmp_manual2.htm,
as amended. Information is provided on stormwater management measures
such as: bioretention systems, constructed stormwater wetlands, dry
wells, extended detention basins, infiltration structures, manufactured
treatment devices, pervious paving, sand filters, vegetative filter
strips, and wet ponds.
2. The New Jersey Department of Environmental
Protection Stormwater Management Facilities Maintenance Manual, as
amended.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
Additional technical guidance for
stormwater management measures can be obtained from the following:
1. The "Standards for Soil Erosion and Sediment
Control in New Jersey" promulgated by the State Soil Conservation
Committee and incorporated into N.J.A.C. 2:90. Copies of these standards
may be obtained by contacting the State Soil Conservation Committee
or any of the Soil Conservation Districts listed in N.J.A.C. 2:90-1.3(a)3.
The location, address, and telephone number of each Soil Conservation
District may be obtained from the State Soil Conservation Committee,
P.O. Box 330, Trenton, New Jersey 08625;
2. The Rutgers Cooperative Extension Service,
and
3. The Soil Conservation Districts listed
in N.J.A.C. 2:90-1.3(a)3. The location, address, and telephone number
of each Soil Conservation District may be obtained from the State
Soil Conservation Committee, P.O. Box 330, Trenton, New Jersey, 08625.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
This section sets forth requirements
to protect public safety through the proper design and operation of
stormwater management basins. This section applies to any new stormwater
management basin.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
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 basin to ensure proper functioning of the basin 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 pounds
per square feet.
2. An overflow grate is designed to prevent
obstruction of the overflow structure. If an outlet structure has
an overflow grate, such grate shall meet the following requirements:
a.
The overflow grate shall be secured
to the outlet structure but removable for emergencies and maintenance;
b.
The overflow grate spacing shall
be no less than two inches across the smallest dimension;
c.
The overflow grate shall be constructed
and installed to be rigid, durable, and corrosion resistant, and shall
be designed to withstand a perpendicular live loading of 300 pounds
per square feet.
3. For purposes of this section, escape provisions
mean the permanent installation of ladders, steps, rungs, or other
features that provide easily accessible means of egress from stormwater
management basins. Stormwater management basins shall include escape
provisions as follows:
a.
If a stormwater management basin has an outlet structure, escape provisions shall be incorporated in or on the structure. With the prior approval of the reviewing agency identified in Section
41:17-8-3 a freestanding outlet structure may be exempted from this requirement.
b.
Safety ledges shall be constructed on the slopes of all new stormwater management basins having a permanent pool of water deeper than 2.5 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 2.5 feet below the permanent water surface, and the second step shall be located one to 1.5 feet above the permanent water surface. See Section
41:17-8-2 for an illustration of safety ledges in a stormwater management basin.
c.
In new stormwater management basins,
the maximum interior slope for an earthen dam, embankment, or berm
shall not be steeper than three horizontal to one vertical.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
1. A variance or exemption from the safety
standards for stormwater management basins may be granted only upon
a written finding by the appropriate reviewing agency of the City
of Newark that the variance or exemption will not constitute a threat
to public safety.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
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 Section
41:17-9-3 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.
3. The applicant shall submit eight copies of the materials required by the reviewing board and listed in the checklist for site development stormwater plans in accordance with Section
41:17-9-3.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
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 whom municipal
approval is sought. That municipal board's staff shall consult the
Engineering Department and Department of Water and Sewer Utilities
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.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
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 flood plains
along with their appropriate buffer strips, marshlands and other wetlands,
pervious or vegetative surfaces, existing manmade structures, roads,
bearing and distances of property lines, and signifcant natural and
manmade features not otherwise shown.
2. Environmental Site Analysis. A written
and graphic description of the natural and manmade features of the
site and its environs. This description should include a discussion
of soil conditions, slopes, wetlands, waterways and vegetation on
the site. Particular attention should be given to unique, unusual,
or environmentally sensitive features and to those that provide particular
opportunities or constraints for development.
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 ground water
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 Sections
41:17-2 through
41:17-5 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 pre-development and post-development conditions for the design storms specified in Section
41:17-4.
b.
When the proposed storm-water management
control measures (e.g., infiltration basins) depends on the hydrologic
properties of soils, then a soils report shall be submitted. The soils
report shall be based on on-site boring logs or soil pit profiles.
The number and location of required soil borings or soil pits shall
be determined based on what is needed to determine the suitability
and distribution of 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 Section 41:17 10.
8. Waiver from Submission Requirements. The municipal official or board reviewing an application under this section may, in consultation with the Departments of Engineering and Water and Sewer Utilities, waive submission of any of the requirements in Sections
41:17-9-3, Subsections
1 through
5 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 and such waiver would not be a violation of NJDEP Rules and Regulations.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
1. Projects subject to review shall comply with the requirements of Sections
41:17-10-2 and
41:17-11.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
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.
3. The maintenance plan for major developments
shall contain specific preventative maintenance tasks and schedules;
cost estimates, including estimated cost of sediment, debris, or trash
removal; and the name, address, and telephone number of the person
or persons responsible for preventative and corrective maintenance
(including replacement). Maintenance guidelines for stormwater management
measures are available in the New Jersey Stormwater Best Management
Practices Manual, available online at http://www.nj.gov/dep/stormwater/bmp_manual2.htm.
If the maintenance plan identifies a person other than the developer
(for example, a property owner or homeowners' association) as having
the responsibility for maintenance, the plan shall include documentation
of such person's agreement to assume this responsibility, or of the
developer's obligation to dedicate a stormwater management facility
to such person under an applicable section 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.
Under no circumstances shall the responsibility for maintenance be
assigned, designated, assumed or transferred to the City of Newark
unless the development is undertaken by the City.
5. The maintenance plan 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 function of the stormwater management
measure, including repairs or replacement to the structure; removal
of sediment, debris, or trash; restoration of eroded areas; snow and
ice removal; fence repair or replacement; restoration of vegetation;
and repair or replacement of nonvegetated linings.
7. For major development projects, the person responsible for maintenance identified under Section
41:17-10-2, Subsection
3 above shall maintain a detailed log of all preventative and corrective maintenance for the structural stormwater management measures incorporated into the design of the development, including a record of all inspections and copies of all maintenance-related work orders.
8. For major development projects, the person responsible for maintenance identified under Section
41:17-10-2, Subsection
3 above shall evaluate the effectiveness of the maintenance plan at least once per year and adjust the plan and the deed as needed.
9. The person responsible for maintenance identified under Section
41:17-10-2, Subsection
3 above shall retain and make available, upon request by any public entity with administrative, health, environmental, or safety authority over the site, the maintenance plan and the documentation required by Sections
41:17-10-2, Subsections
7 and
8 above.
10.
The requirements of Sections
41:17-10-2, Subsections
3 and
4 do not apply to stormwater management facilities that are dedicated to and accepted by the municipality or another governmental agency.
11.
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 City of Newark 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 Departments
of Engineering and Water and Sewer Utilities. The City of Newark,
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 City of Newark may immediately
proceed to do so and shall impose a lien or use other remedies to
collect the cost thereof from the responsible person.
For major development projects, nothing
in this section shall preclude the City of Newark 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.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
All dumpsters and other refuse containers
that are outdoors or exposed to stormwater must be covered at all
times and prohibited from spilling, dumping, leaking, or otherwise
discharge of liquids, semi-liquids or solids from the containers to
the municipal separate storm sewer system(s) operated by the City
of Newark, New Jersey and/or the waters of the State so as to protect
public health, safety and welfare.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
1. Any person who controls, whether owned,
leased, or operated, a refuse container or dumpster must ensure that
such container or dumpster is covered at all times and shall prevent
refuse from spilling out or overflowing.
2. Any person who owns, leases or otherwise
uses a refuse container or dumpster must ensure that such container
or dumpster does not leak or otherwise discharge liquids, semi-liquids
or solids to the municipal separate storm sewer system operated by
the City of Newark, New Jersey.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
1. Permitted temporary demolition containers.
2. Litter receptacles (other than dumpsters
or other bulk containers).
3. Individual homeowner trash and recycling
containers.
4. Refuse containers at facilities authorized
to discharge stormwater under a valid NJPDES permit.
5. Large bulky items (e.g., furniture, bound
carpet and padding, white goods, such as refrigerator, dishwasher,
freezer, washer and dryer, placed curbside for pickup).
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
Existing storm drain inlets which
are in direct contact with repaving, repairing, reconstruction, or
resurfacing or alterations of facilities on private property must
be retrofitted to prevent the discharge of solids and floatables (such
as plastic bottles, cans, food wrappers and other litter) to the municipal
separate storm or combined sewer system operated by the City of Newark,
New Jersey so as to protect public health, safety and welfare.
1. Prohibited Conduct. No person in control
of private property (except a residential lot with one single-family
house) shall authorize the repaving, repairing (excluding the repair
of individual potholes), resurfacing (including top coating or chip
sealing with asphalt emulsion or a thin base of hot bitumen), reconstructing
or altering any surface that is in direct contact with an existing
storm drain inlet on that property unless the storm drain inlet either:
a.
Already meets the design standard
below to control passage of solid and floatable materials; or
b.
Is retrofitted or replaced to meet the standard in Section
41:17-12-2 below prior to the completion of the project.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
Storm drain identified in Section
41:17-12 above shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets. For purposes of this section, "solid and floatable materials" means sediment, debris, trash, and other floating, suspended, or settleable solids. For exemptions to this standard see Section
41:17-12-2, Subsection 3 below.
1. 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:
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 (April 1996); or
b.
A different grate, if each individual
clear space in that grate has an area of no more than seven square
inches, or is no greater than 0.5 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.
2. Whenever design engineers use a curb-opening
inlet, the clear space in that curb opening (or each individual clear
space, if the curb opening has two or more clear spaces) shall have
an area of no more than seven square inches, or be no greater than
two inches across the smallest dimension.
3. This standard does not apply:
a.
Where the Municipal Engineer agrees
that this standard would cause inadequate hydraulic performance that
could not practicably be overcome by using additional or larger storm
drain inlets that meet these standards:
i.
Where flows are conveyed through
any device (e.g., end of pipe netting facility, manufactured treatment
device, or a catch basin hood) that is designed, at a minimum, to
prevent delivery of all solid and floatable materials that could not
pass through one of the following:
A.
A rectangular space 4A 5/8 inches
long and 1A 1/2 inches wide (this option does not apply for outfall
netting facilities); or
B.
A bar screen having a bar spacing
of 0.5 inch. Where flows are conveyed through a trash rack that has
parallel bars with one inch spacing between the bars; or
ii.
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.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
Any person(s) found to be in violation
of the provisions of the City of Newark Stormwater Control Ordinance
or who willfully or negligently fail(s) to comply with the rules and
regulations noted herein above shall be subject to a fine as follows:
1. Fine related to Section
41:17-1 through Section
41:17-10, a fine of not more than $1,000 or imprisonment not to exceed 90 days, or both, for each offense;
2. Fine related to Section
41:17-11, Refuse Containers/Dumpsters, a fine not to exceed $100,000;
3. Fine related to Section
41:17-12, Private Storm Drain Inlet Retrofitting, a fine not to exceed $10,000 for each storm drain inlet that is not retrofitted to meet the design standard.
a.
Each day on which a violation shall
occur or continue shall be deemed a separate and distinct offense.
In addition to the penalties provided herein, the City of Newark may
recover reasonable attorneys' fees, court costs, court reporters'
fees and other expenses of litigation by appropriate suit at law against
the person(s) found to have violated the regulations issued recited
herein above.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
This Chapter shall be enforced by
the Police Division, Department of Engineering and/or other Municipal
Officials of the City of Newark, New Jersey.