[Added 4-17-2006 by Ord.
No. 2006-09; amended 9-15-2015 by Ord. No. 23-2015; 4-22-2021 by Ord. No. 08-2021][1]
[1]
Editor's Note: See also the City of Lambertville Stormwater
Management Plan dated March 2005 on file at the City Offices.
[Amended 9-21-2023 by Ord. No. 28-2023]
A.
Policy Statement.
1.
As municipalities throughout New Jersey are developed, impervious
surfaces create increased amounts and rates of stormwater runoff during
precipitation events. This runoff picks up large amounts of pollutants
that collect on parking lots, roadways, rooftops, and other paved
or hardened surfaces, and then flows through stormwater conveyances
to our streams, rivers, and beaches. The increased runoff rate and
volume also lead to erosion and flooding in and downstream developed
areas.
2.
Flood control, groundwater recharge, and pollutant reduction shall
be achieved through the use of stormwater management measures, including
green infrastructure best management practices (GI BMPs) and nonstructural
stormwater management strategies. GI BMPs and low-impact development
(LID) should be utilized to meet the goal of maintaining natural hydrology
to reduce stormwater runoff volume, reduce erosion, encourage infiltration
and groundwater recharge, and reduce pollution. GI BMPs and LID should
be developed based upon physical site conditions and the origin, nature
and the anticipated quantity, or amount, of potential pollutants.
Multiple stormwater management BMPs may be necessary to achieve the
established performance standards for green infrastructure, water
quality, quantity, and groundwater recharge. Stormwater management
measures shall occur with the understanding and acceptance of stormwater
as a resource; GI BMPs, LID and non-structural measures shall be tailored
to a site and applied wherever and to the maximum extent.
3.
GI BMPs and LID practices not only address stormwater runoff but
may also result in multiple benefits, including providing open space
and beautifying neighborhoods, cooling and cleansing the air, reducing
asthma and heat-related illnesses, and saving on heating and cooling
energy costs.
B.
Purpose. The purpose of this § Z-1500 is to establish minimum stormwater management requirements and controls for major development and to reduce the amount of nonpoint source pollution entering surface and groundwaters. This § Z-1500 guides new development in a manner that is proactive and minimizes harmful impacts to natural resources. The requirements of this section are intended not only to meet but also exceed the design and performance standards found in the New Jersey Stormwater Management Rules at N.J.A.C. 7:8. The environmental objectives of these requirements are to reduce pollution in waterways from stormwater runoff, reduce flooding and streambank erosion, and enhance groundwater recharge. Specifically, this § Z-1500 shall:
1.
Reduce artificially induced flood damage to public health, life,
and property;
2.
Minimize increased stormwater runoff rates and volumes;
3.
Minimize the deterioration of existing infrastructures that would
result from increased rates of stormwater runoff;
4.
Induce water recharge into the ground wherever suitable infiltration,
soil permeability, and favorable geological conditions exist;
5.
Prevent an increase in nonpoint source pollution and improve future
water quality;
6.
Maintain the integrity and stability of stream channels and buffers
for their ecological functions, as well as for drainage, the conveyance
of floodwater, and other purposes;
7.
Control and minimize soil erosion and the transport of sediment;
8.
Minimize public safety hazards at any stormwater detention facility
constructed pursuant to subdivision or site plan approval;
9.
Maintain adequate baseflow and natural flow regimes in all streams
and other surface water bodies to protect the aquatic ecosystem;
10.
Protect all surface water resources from degradation; and
11.
Protect groundwater resources from degradation and diminution.
C.
Applicability.
1.
This § Z-1500 shall be applicable to all site plans and subdivisions for the following major developments that require preliminary or final site plan or subdivision review:
a.
Non-residential major developments and redevelopment projects;
and
b.
Aspects of residential major developments and redevelopment projects that are not pre-empted by the Residential Site Improvement Standards (RSIS) at N.J.A.C. 5:21. The provisions of both this § Z-1500 and the RSIS are to be applied and reviewed concurrently for any residential major development.
c.
In the case of agricultural or horticultural development that
meets the definition of "major development" under N.J.A.C. 7:8, a
farm conservation plan that addresses the protection of soil and water
resources shall be developed and implemented. Such a plan shall be
approved by the Hunterdon County Soil Conservation District.
2.
This § Z-1500 shall also be applicable to all major developments undertaken by the City of Lambertville.
D.
Compatibility with Other Permit and Ordinance Requirements.
1.
Development approvals issued for subdivisions and site plans pursuant to this § Z-1500 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 § Z-1500 shall be held to be the minimum requirements for the promotion of the public health, safety, and general welfare.
2.
This § Z-1500 shall be construed to assure consistency with the requirements of New Jersey laws and acts amendatory thereof or supplementary thereto, applicable implementing regulations, and any existing or future municipal NJPDES permits and any amendments or revisions thereto or re-issuance thereof. This § Z-1500 is not intended to interfere with, abrogate, or annul any other § Z-1500, rule or regulation, statute, or other provision of law. Where any provision of this section imposes restrictions different from those imposed by any other ordinance, rule or regulation, or other provision of law, whichever provisions are more restrictive or impose higher standards shall control.
For the purpose of this section, the following terms, phrases,
words and their derivations shall have the meanings stated herein
unless their use in the text of this section clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory. The definitions below are the same as or
based on the corresponding definitions in the Stormwater Management
Rules at N.J.A.C. 7:8-1.2.
Areas with boundaries incorporated by reference or revised
by the Department in accordance with N.J.A.C. 7:7-13.16.
The map used by the Department to identify the location of
Coastal Planning Areas, CAFRA centers, CAFRA cores, and CAFRA nodes.
The CAFRA Planning Map is available on the Department's Geographic
Information System (GIS).
Waters of the state, including unnamed waterways that appear
on Soil Survey and USGS Topographic Quadrangle within the same HUC
14 watershed, designated in N.J.A.C. 7:9B-1.15(c) through (h) for
purposes of implementing the anti-degradation policies set forth at
N.J.A.C. 7:9B-1.5(d) for protection from measurable changes in water
quality characteristics because of their clarity, color, scenic setting,
other characteristics of aesthetic value, exceptional ecological significance,
exceptional recreational significance, exceptional water supply significance,
or exceptional fisheries resources(s).
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.
The Hunterdon County Planning Board, as designated by the
County Board of Chosen Commissioners to review municipal stormwater
management plans and implementing ordinance(s).
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.
The design engineer shall note his/her education and training specific
to stormwater management in the qualification process.
A State Development and Redevelopment Plan Center, such as
urban, regional, town, village, or hamlet, as designated by the State
Planning Commission.
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 waterbody or to
a particular point along a receiving waterbody.
Neighborhoods designated by the Urban Coordinating Council
"in consultation and in conjunction with" the New Jersey Redevelopment
Authority pursuant to N.J.S.A. 55:19-69.
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; wellhead
protection areas; and groundwater recharge areas. Habitats of endangered
or threatened species are those identified by the Department's Landscape
Project as approved by the Department's Endangered and Nongame Species
Program, or by the Department pursuant to the Highlands Act at N.J.S.A.
13:20-32k. and 13:20-34a(4).
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:
A body of water below the surface of the land in a zone of
saturation where the spaces between the soil or geological materials
are fully saturated with water.
An area within which water drains to a particular receiving
surface water body, also known as a sub watershed, 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 relative to
natural conditions in the area.
The process by which water from precipitation seeps into
the soil to a level below the normal root soil of plant species.
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.
A development approach that uses practices to manage stormwater
close to its source that results in or mimics that of natural hydrologic
processes in order to preserve hydrologic and ecologic functions of
receiving waters, such as preservation of natural landscape features,
minimizing impervious surfaces, infiltration, evapotranspiration,
or other use of stormwater.
A document required for all major development projects for
stormwater management maintenance. The document shall contain specific
preventive 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 preventive and corrective maintenance (including replacement).
An individual development, as well as multiple developments
that individually or collectively result in:
The disturbance of 1/2 or more acres of land since February
2, 2004;
The creation of 5,000 square feet or more of "regulated impervious
surface" since February 2, 2004;
The creation of 5,000 square feet 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 5,000 square feet or more. The same surface shall not be counted
twice when determining if the combination area equals 5,000 square
feet 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.
Compliance with the specific objective to the greatest extent
possible taking into account equitable considerations and competing
factors, including, but not limited to, environmental benefits, pollutant
removal effectiveness, regulatory compliance, ability to implement
given site-specific environmental conditions, cost and technical or
engineering feasibility.
An action by an applicant providing compensation or offset actions for on-site stormwater management requirements where the 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 this § Z-1500, and has received a waiver from strict compliance from the municipality. Mitigation, for the purposes of this § Z-1500, includes both the mitigation plan detailing how the project's failure to strictly comply will be compensated, and the implementation of the approved mitigation plan within the same.
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, skislope 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, but refers
specifically to the City of Lambertville in this section.
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 § Z-1500.4E5 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 that are not organized in a compact form.
Techniques that control or reduce stormwater runoff in the
absence of stormwater structures (e.g., basins and piped conveyances),
such as minimizing site disturbance, preserving important site features
including, but not limited to, natural vegetation, reducing and disconnecting
impervious cover, minimizing slopes, utilizing native vegetation,
minimizing turf grass lawns, increasing time of concentration and
maintaining and enhancing natural drainage features and characteristics.
A chemical element or compound, such as nitrogen or phosphorus,
which is essential to and promotes the development of plants, algae
and other organisms or vegetation.
The amount of a nutrient in a defined volume of water (such
as milligrams of nitrogen per liter). The relationship between nutrient
concentration and nutrient load can vary and depends on the surface
water flow, the volume of water in the water body or aquifer, and
watershed characteristics.
The total amount of a nutrient such as nitrogen or phosphorus
entering the water during a given time, such as tons of nitrogen per
year, or pounds of phosphorus per day. Nutrients may enter the water
from runoff, groundwater recharge, point source discharges, or the
air (in the form of wet deposition such as rain or snow as well as
dry deposition).
A surface or land cover capable of transmitting or percolating
a significant amount of precipitation into the underlying soils.
Any individual, corporation, company, partnership, firm,
association, City of Lambertville, political subdivision of this state
and any state, interstate, or federal agency 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 non-hazardous pollutants.
The man-made or man-induced alteration of the chemical, physical,
biological, and radiological integrity of water to the extent that
the pollutant concentration or level violates either the Groundwater
Quality Standards (N.J.A.C. 7:9C) or the Surface Water Quality Standards
(N.J.A.C. 7:9B) of New Jersey.
The amount of water from precipitation that infiltrates into
the ground, and becomes part of a groundwater body.
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.
The storage of runoff indefinitely until it is lost through
soil infiltration, evaporation, plant uptake, irrigation, nonpotable
reuse or any combination of these destinations.
The municipal body or official that is responsible for the
review of a major development project for compliance with the stormwater
management requirements.
Solid material, mineral or organic, that is in suspension
and 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.
Sediment, debris, trash, and other floating, suspended, or
settleable solids.
Any material(s) or machinery, located at an industrial facility,
that is directly or indirectly related to process, manufacturing,
or other industrial activities, that could be a source of pollutants
in any industrial stormwater discharge to ground- or surface water.
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.
Water bodies receiving special protections due to their drinking
water status or role as high-quality habitat for threatened and endangered
species or species of commercial or recreational importance. This
includes waterways so designated through the NJ Stormwater Management
Rules (N.J.A.C. 7:8) because of exceptional ecological significance,
exceptional water supply significance, exceptional recreational significance,
exceptional shellfish resource, or exceptional fisheries resource.
Waters so designated are protected by a 300-foot buffer extending
on either side of the waterway measured perpendicular from top-of-bank
or center of channel for waterways lacking a defined top-of-bank.
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 basin), retain
water in a permanent pool (a retention basin), or be planted mainly
with wetland vegetation (most constructed stormwater wetlands).
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
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.
The flow of stormwater on or across the surface of the ground,
in drainage facilities or in storm sewers, resulting from precipitation.
A strip of land located immediately adjacent to a stream
channel consisting of natural, undisturbed vegetative cover, which
serves as a transition area between uplands and riparian lands. A
stream buffer may encompass wetlands, may be contained within a floodplain
or floodway or may extend beyond a wetland, floodplain or floodway
boundary.
A stormwater management measure that involves control of
concentrated stormwater runoff or infiltration such as stormwater
basins, piped conveyance systems and manufactured stormwater devices,
and can include various types of basins, filters, surfaces, and devices
located on individual lots in a residential development or throughout
a commercial, industrial, or institutional development site in areas
not typically suited for larger, centralized structural facilities.
Endangered Species are those whose prospects for survival
in New Jersey are in immediate danger because of a loss or change
in habitat, over- exploitation, predation, competition, disease, disturbance
or contamination. Assistance is needed to prevent future extinction
in New Jersey. Threatened species are those who may become endangered
if conditions surrounding them begin to or continue to deteriorate.
Habitats of endangered or threatened species are those identified
by the Department's Landscape Project as approved by the Department's
Endangered and Nongame Species Program, or by the Department pursuant
to the Highlands Act at N.J.S.A. 13:20-32k and 13:20-34a(4).
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.
The time it takes for stormwater runoff to travel from the
hydraulically most distant point of the watershed to the point of
interest within a watershed.
An area of protected upland adjacent to a freshwater wetland
that minimizes adverse impacts on the wetland or serves as an integral
component of the wetland's ecosystem. Also called "buffer area."
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 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.
[Amended 9-21-2023 by Ord. No. 28-2023]
A.
Design and Performance Standards for Stormwater Management Measures.
1.
Stormwater management measures for major development shall be designed to meet the erosion control, groundwater recharge, stormwater runoff quantity control and quality treatment standards in § Z-1500.4, as described in technical guidance documents listed in § Z-1500.7. As detailed in § Z-1500.4, to the maximum extent practicable, these standards shall be met by incorporating green infrastructure 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 along with the practicable green infrastructure strategies.
2.
The standards in this § Z-1500 only apply to new major development as defined in this § Z-1500 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 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. When these standards (§ 523) are applicable, they shall be applied in lieu of § Z-522, Drainage Requirements, of the City's Zoning Ordinance. Design and performance standards for stormwater management measures shall comply with last amended N.J.A.C. 7:8-5, incorporated herein by reference.
A.
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 the maximum extent practicable, the standards in Subsections C, D, and E shall be met by incorporating green infrastructure measures set forth in this § Z-1500.4 into the design. The applicant shall identify the green infrastructure measures incorporated into the design of the project. Documentation of the use of stormwater management measures shall require the preparation by the applicant of the NJDEP Low Impact Development Checklist and provide testimony. If the applicant contends that it is not feasible for engineering, environmental, or safety reasons to incorporate any or only specific green infrastructure stormwater management measures identified in paragraph A.2 below into the design of a particular project, the applicant shall identify the strategy or strategies considered and provide a basis for the contention. In both cases, the applicant bears the burden of proving any impracticability.
3.
To satisfy the groundwater recharge and stormwater runoff quality standards at § Z-1500.4C and E, the design engineer shall utilize green infrastructure BMPs identified in Table 1 at § Z-1500.4E and/or an alternative stormwater management measure approved in accordance with § Z-1500.4C. The following green infrastructure BMPs are subject to the following maximum contributory drainage area limitations:
|
Best Management Practice
|
Maximum Contributory Drainage Area
|
|---|---|
|
Dry well
|
1 acre
|
|
Manufactured treatment device
|
2.5 acres
|
|
Pervious pavement systems
|
Area of additional inflow cannot exceed three times the area
occupied by the BMP
|
|
Small-scale bioretention systems
|
2.5 acres
|
|
Small-scale infiltration basin
|
2.5 acres
|
|
Small-scale sand filter
|
2.5 acres
|
5.
If a variance in accordance with N.J.A.C. 7:8-4.6 or a waiver from strict compliance in accordance with § Z-1500.4H 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 § Z-1500.4E may be used to meet the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at § Z-1500.4C, D, and E.
6.
The New Jersey Stormwater Best Management Practices Manual provides
guidance and qualitative assessment called the Low Impact Development
Checklist for green infrastructure BMPs that shall be used to describe
the measures proposed by the applicant.
B.
Erosion Control.
1.
For major development projects the minimum design and performance
standards for erosion control are those established under the Soil
Erosion and Sediment Control Act, N.J.S.A. 4:24-39 et seq. and implementing
rules. While the trigger to submit an application for soil erosion
and sediment control plan certification is 5,000 square feet, there
may be instances, such as with steep slopes, where a lower threshold
has merit. In the case where slopes exceed 15% as defined by the City's
Steep Slope Ordinance, and a 150-square-foot area is proposed to be
disturbed, an Erosion Control Design must accompany the application.
C.
On-Site Retention and Groundwater Recharge Standards.
1.
The minimum design and performance standards for on-site retention
and groundwater recharge are as follows:
2.
The design engineer shall, using the assumptions and factors for stormwater runoff, on-site retention, and groundwater recharge calculations in § Z-1500.5B, the following criteria that results in the greatest infiltration volume:
a.
Demonstrate through hydrologic and hydraulic analysis that the
post-developed project site maintains 100% of the site's pre-developed
average annual groundwater recharge volume;
b.
Demonstrate through hydrologic and hydraulic analysis that any
increase in the project site's projected stormwater runoff volume
produced by the two-year, twenty-four-hour storm from pre-developed
to post-developed conditions is fully infiltrated; or
c.
Demonstrate through hydrologic and hydraulic analysis that the
on-site retention volume of 1.0 inch over all impervious surfaces
is infiltrated or retained on site.
3.
This groundwater recharge requirement does not apply to projects
within the urban redevelopment area, or to projects subject to Subsection
C4 below.
4.
The following two types of stormwater runoff shall not be recharged:
a.
Stormwater runoff from areas of high pollutant loading. High
pollutant loading areas are: 1) areas in industrial and commercial
developments where solvents and/or petroleum products are loaded/unloaded,
stored, or applied; 2) areas where pesticides are loaded/unloaded
or stored; 3) 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; and 4) areas
where recharge would be inconsistent with a 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.
5.
Where the on-site retention volume cannot be infiltrated, reused
or evapotranspirated, the on-site retention volume shall be slow released
at a rate of not more than 0.02 cfs per acre of drainage area to mimic
receiving water groundwater discharge flow. The retention volume shall
be released within 72 hours.
6.
Whenever the stormwater management design includes one or more BMPs
that will infiltrate stormwater into subsoil, the design engineer
shall assess and certify 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
facilities, and interference with the proper operation of subsurface
sewage disposal systems and other subsurface structures in the vicinity
of a groundwater recharge measure.
D.
Stormwater Runoff Quantity Standards.
1.
The minimum design and performance standards for the control of stormwater
runoff quantity are as follows.
2.
In order to control stormwater runoff quantity impacts, the design engineer shall, using the assumptions and factors for stormwater runoff calculations at § Z-1500.5, complete one of the following:
a.
Demonstrate through hydrologic and hydraulic analysis that the
post-developed stormwater runoff hydrographs from the project site
for the two-, ten-, and 100-year storms do not exceed, at any point
in time, the site's pre-developed 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 pre- developed
stormwater runoff rates from the project site for the two-, ten-,
and 100-year storms; and 2) any increased stormwater runoff volume
or change in stormwater runoff timing for these storms will not increase
flood damage at or downstream of the project site. When performing
this analysis for pre-developed 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.
c.
Design on-site stormwater management measures so that the peak
post-developed stormwater runoff rates from the project site for the
two-, ten- and 100-year storms are 50%, 75% and 80%, respectively,
of the site's peak pre-developed stormwater runoff rates. Peak stormwater
outflow rates 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.
The 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: 1) protected from future
development by conservation easement, deed restriction, or other acceptable
legal measures or 2) would be subject to review under these standards
if they are proposed for any degree of development in the future.
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.
E.
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 5,000 square feet 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 E2 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 shall be 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.
5.
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 § Z-1500.4A, C, D, and E. 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.
6.
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
(percent)
|
Stormwater Runoff Quantity
|
Groundwater Recharge
|
Minimum Separation from Seasonal High Water Table
(feet)
|
|
Cistern
|
0
|
Yes
|
No
|
—
|
|
Dry well(a)
|
0
|
No
|
Yes
|
2
|
|
Grass swale
|
50 or less
|
No
|
No
|
2(e)
1(f)
|
|
Green roof
|
0
|
Yes
|
No
|
—
|
|
Manufactured treatment device(a)(g)
|
50 or 80
|
No
|
No
|
Dependent upon the device
|
|
Pervious paving system(a)
|
80
|
Yes
|
Yes(b)
No(c)
|
2(b)
1(c)
|
|
Small-scale bioretention basin(a)
|
80 or 90
|
Yes
|
Yes(b)
No(c)
|
2(b)
1(c)
|
|
Small-scale infiltration basin(a)
|
80
|
Yes
|
Yes
|
2
|
|
Small-scale sand filter
|
80
|
Yes
|
Yes
|
2
|
|
Vegetative filter strip
|
60 to 80
|
No
|
No
|
—
|
|
(Notes corresponding to annotations (a) through (g) are found below Table 3.)
|
|
Table 2
Green Infrastructure BMPs for Stormwater Runoff Quantity
(or for Groundwater Recharge and/or Stormwater Runoff Quality
with a Waiver or Variance from N.J.A.C. 7:8-5.3)
| ||||
|---|---|---|---|---|
|
Best Management Practice
|
Stormwater Runoff Quality TSS Removal Rate
(percent)
|
Stormwater Runoff Quantity
|
Groundwater Recharge
|
Minimum Separation from Seasonal High Water Table
(feet)
|
|
Bioretention system
|
80 or 90
|
Yes
|
Yes(b)
No(c)
|
2(b)
1(c)
|
|
Infiltration basin
|
80
|
Yes
|
Yes
|
2
|
|
Sand filter(b)
|
80
|
Yes
|
Yes
|
2
|
|
Standard constructed wetland
|
90
|
Yes
|
No
|
N/A
|
|
Wet pond(d)
|
50 to 90
|
Yes
|
No
|
N/A
|
|
(Notes corresponding to annotations (b) through (d) are found below Table 3.)
|
|
Table 3
BMPs for Groundwater Recharge, Stormwater Runoff Quality, and/or
Stormwater Runoff Quantity
only with a Waiver or Variance from N.J.A.C. 7:8-5.3
| ||||
|---|---|---|---|---|
|
Best Management Practice
|
Stormwater Runoff Quality TSS Removal Rate
(percent)
|
Stormwater Runoff Quantity
|
Groundwater Recharge
|
Minimum Separation from Seasonal High Water Table
(feet)
|
|
Blue roof
|
0
|
Yes
|
No
|
N/A
|
|
Extended detention basin
|
40 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 Section § Z-1500.4A3;
|
|
(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 § Z-1500.2;
|
|
(h)
|
Manufactured treatment devices that do not meet the definition of "green infrastructure" at § Z-1500.2.
|
7.
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 § Z-1500.6. Alternative stormwater management measures may be used to satisfy the requirements at § Z-1500.4A only if the measures meet the definition of green infrastructure at § Z-1500.2. Alternative stormwater management measures that function in a similar manner to a BMP listed at § Z-1500.4A are subject to the contributory drainage area limitation specified at § Z-1500.4A 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 § Z-1500.4A 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 § Z-1500.4H is granted from § Z-1500.4A.
|
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
|
8.
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 (expressed as a whole number)
from application of both BMPs
|
|
A
|
=
|
the TSS percent removal rate (whole number) applicable to the
first (upstream) BMP
|
|
B
|
=
|
the TSS percent removal rate (whole number) applicable to the
second (downstream) BMP
|
In cases where three (or more) BMPs are used in series,
the applicant shall calculate the TSS reduction for the two most upstream
BMPs in the series using the above formula, then substitute the result
(R) of that calculation in the formula for "A" when calculating the
combined result with the next BMP in the series.
9.
If there is more than one drainage area, the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at § Z-1500.4A, C, D, and E 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.
10.
Stormwater management measures shall also be designed to reduce, to the maximum extent practicable, the post- construction nutrient load from the developed site in stormwater runoff generated from the water quality design storm. In achieving reduction of nutrients to the maximum extent practicable, the design of the site shall include green infrastructure measures that optimize nutrient removal while still achieving the performance standards in § Z-1500.4A, C, D, and E. This standard may be superseded by a more stringent numeric effluent limitation 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. Daily limits for nutrient loading (TMDL) may apply to the site development based on conditions of regulatory approvals.
11.
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 (C-1) waters,
as designated in the Surface Water Quality Standards at N.J.A.C. 7:9B,
and certain upstream tributaries to Category One waters as shown on
the USGS Quadrangle Maps or in the County Soil Surveys, within the
associated HUC14 drainage area, and all perennial or intermittent
streams. An applicant 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.
a.
C-1 Corridors. The applicant shall preserve and maintain a riparian
zone around C-1 corridors in accordance with the following:
(1)
A 300-foot riparian zone shall be provided on each side of the
waterway, measured perpendicular to the waterway from the top of the
bank outwards or from the center line of the waterway where the bank
is not defined, consisting of existing vegetation or vegetation allowed
to follow natural succession.
(2)
All stormwater shall be discharged outside of and flow through
the riparian zone 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. (applies to both C-1 and local stream
corridors).
(3)
If stormwater discharged outside of and flowing through the
C-1 special water resource protection area cannot comply with the
Standard for Off-Site Stability in the "Standards for Soil Erosion
and Sediment Control in New Jersey," established under the Soil Erosion
and Sediment Control Act, N.J.S.A. 4:24-39 et seq., then the stabilization
measures in accordance with the requirements of the above standards
may be placed within the riparian zone, provided that:
(a)
Stabilization measures shall not be placed within
150 feet of the Category One waterway;
(b)
Stormwater discharges allowed by this section shall
achieve a 95% TSS post-construction removal rate;
(c)
Thermal pollution by stormwater discharges shall
be addressed to ensure no significant increase or decrease in temperature
occurs in the receiving waterway outside of the mixing zone;
(d)
The encroachment shall only be allowed where the
applicant demonstrates to the satisfaction of the review agency that
the ecological value and condition of the riparian zone will be maintained
to the maximum extent practicable;
(e)
A conceptual project design meeting shall be held
with the appropriate Department staff and Soil Conservation District
staff to identify necessary stabilization measures; and
(f)
All encroachments proposed under this section shall
be reviewed and approved by the Department prior to approval by the
review agency.
(4)
A stream corridor protection plan for a waterway subject to
Subsection E11 shall maintain or enhance the current ecological value
and condition of the riparian zone as defined in Subsection E11a(1)
above.
(5)
Subsection E11 does not apply to the construction of one individual
single-family dwelling that is not part of a larger development and
is on a lot receiving preliminary or final site plan approval on or
before prior to December 3, 2018 (applies to both C-1 and local stream
corridors).
(6)
Encroachment within the designated 300-foot riparian zone under
Subsection E11a(1) above shall only be allowed where previous development
or disturbance has occurred (for example, pre-existing active agricultural
use, parking area or maintained lawn area). The encroachment shall
only be allowed where the applicant demonstrates to the satisfaction
of the review agency that the functional value and overall condition
of the special water resource protection area will be maintained to
the maximum extent practicable. Waivers and requests for encroachments
from the buffer requirements applicable to C-1 waters as defined in
N.J.A.C. 7:9B cannot be granted by any local board or official, but,
as required by state law, can only be sought and obtained from the
New Jersey Department of Environmental Protection.
b.
Local Stream Corridors. Applicants proposing development on
properties abutting waters and watercourses which are not designated
as Category One (C-1) but constitute permanent freshwater streams
and classified as FW1 or FW2 pursuant to N.J.A.C. 7:9B-1.4 shall be
designed to prevent any increase in stormwater and meet the following
criteria:
(1)
Preserve and maintain a City of Lambertville stream corridor
on each side of the waterway, of 75 feet, measured perpendicular to
the waterway from the top of bank outwards or from the center line
of the waterway where the bank is not defined, consisting of existing
structures, vegetation or vegetation allowed to follow natural succession
is provided.
(2)
Applicants must comply with Subsection Z-1500.4E11a(2) and (5)
above.
(3)
A waiver to permit encroachment within the designated riparian
zone as defined above shall be allowed where the applicant can show
that previous development or disturbance has occurred (for example,
active residential use, parking, accessory structure or maintained
lawn area). The encroachment shall only be allowed where the applicant
demonstrates that the functional value and overall condition of the
local special water resource protection area will be maintained to
the maximum extent practicable. All encroachments proposed under this
subsection shall be subject to review and approval by the City of
Lambertville Board having jurisdiction over the application.
12.
Provide other source controls to prevent or minimize the use,
exposure and/or mobilization of pollutants and prevent or minimize
the release and transport of those pollutants into stormwater runoff.
Such source controls include, but are not limited to:
a.
Site design features that help to prevent accumulation of trash
and debris in drainage systems, including features that satisfy Subsection
E12c below;
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.
When establishing vegetation after land disturbance, application
of 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. Prior to applying fertilizer, soil tests must
be conducted on site to determine the type of fertilization necessary.
|
Best Management Practice
|
Maximum Contributory Drainage Area
|
|---|---|
|
Dry well
|
1 acre
|
|
Manufactured treatment device
|
2.5 acres
|
|
Pervious pavement systems
|
Area of additional inflow cannot exceed three times the area
occupied by the BMP
|
|
Small-scale bioretention systems
|
2.5 acres
|
|
Small-scale infiltration basin
|
2.5 acres
|
|
Small-scale sand filter
|
2.5 acres
|
e.
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 § Z-1500.4, unless the project is granted a waiver from strict compliance in accordance with § Z-1500.4.
F.
Maintenance Plan. The development shall incorporate a maintenance plan for the stormwater management measures incorporated into the design of a major development in accordance with § Z-1500.11.
G.
Exemptions. The following linear development projects are exempt from the groundwater recharge, stormwater runoff quantity, and stormwater runoff quality requirements of § Z-1500.4A, C, D, and E:
H.
Waivers from Strict Compliance.
1.
A waiver from strict compliance with the groundwater recharge, stormwater runoff quantity, and stormwater runoff quality requirements of § Z-1500.4A, C, D, and E 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:
a.
The applicant demonstrates that there is a public need for the
project that cannot be accomplished by any other means;
b.
The applicant demonstrates, through an alternatives analysis acceptable to the review agency, that through the use of stormwater management measures, the option selected complies with the requirements of § Z-1500.4A, C, D, and E to the maximum extent practicable;
c.
The applicant demonstrates that, in order to meet the requirements of § Z-1500.4A, C, D, and E, existing structures currently in use, such as homes and buildings, would need to be condemned; and
d.
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 F1c above within the upstream drainage area of the receiving stream, that would provide additional opportunities to mitigate the requirements of § Z-1500.4A, C, D, and E that were not achievable on-site.
2.
A waiver from strict compliance with the requirements of § Z-1500.4A, C, D, and E may be issued only in those cases where an applicant has demonstrated the inability or impracticality of strict compliance, other than projects addressed under Subsection F1, with the stormwater management requirements set forth in N.J.A.C. 7:8, in an adopted regional stormwater management plan, or in this local ordinance, whichever is stricter. A waiver from strict compliance for such projects can only be obtained if the applicant agrees to undertake a suitable mitigation measure meeting the policy contained in § Z-1500.15 of this section and Section 6.0 of the City of Lambertville Municipal stormwater management plan. In such cases, the applicant must submit a mitigation plan detailing how the project's failure to strictly comply will be compensated. In cases where a waiver is granted, an applicant should provide mitigation, if possible and/or practical within the same HUC-14 watershed within which the subject project is proposed, or contribute funding toward a regional stormwater control project, or provide for equivalent treatment at an alternate location, or other equivalent water quality benefit, in lieu of implementing the required stormwater control measures on their specific site. See § Z-1500.15, Mitigation Plan, for further details.[1]
[1]
The stormwater management plan can be found on file at the
City Offices.
I.
Threatened and Endangered Species. When habitat for threatened and endangered species as documented in the Department's Landscape Project or Natural Heritage Database established under N.J.S.A. 13:1B-15.147 through 15.150, particularly Helonias bullata (swamp pink) and/or Clemmys muhlenbergii (bog turtle) (see also definition for Environmental Critical Areas in § Z-1500.2), is present on a site, stormwater management measures shall be implemented to avoid adverse impacts caused by pollutant discharge, the creation of concentrated flow, or the alteration of recharge. Applicants should consult the City's Environmental Resource Inventory for technical information.
J.
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 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 § Z-1500.4A, C, D and E 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 § Z-1500.10B5. 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.
K.
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 § Z-1500.4 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 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 F 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 F above.
L.
Any application for a new agricultural development that meets the definition of major development at § Z-1500.2 shall be submitted to the Soil Conservation District for review and approval in accordance with the requirements at § Z-1500.4A, C, D, and E 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.
A.
Stormwater Surface Runoff Calculations.
1.
In complying with the design and performance standards in § Z-1500.4, the design engineer shall calculate stormwater runoff using one of the following methods:
a.
The USDA Natural Resources Conservation Service (NRCS) methodology, including the NRCS Runoff Equation, NRCS Dimensionless Unit Hydrograph, and appropriate NRCS twenty-four-hour design storm, as described in Chapters 7, 9, 10, 15 and 16 Part 630, Hydrology National Engineering Handbook, incorporated herein by reference as amended and supplemented. This methodology is additionally described in Technical Release 55 - Urban Hydrology for Small Watersheds (TR-55), dated June 1986 or superseding document; or at United States Department of Agriculture Natural Resources Conservation Services, 220 Davison Avenue, Somerset, New Jersey 08873; or
b.
The Rational Method for peak stormwater runoff rate calculations
and the Modified Rational Method for stormwater runoff hydrograph
calculations. Use of the Rational Method and Modified Rational Method
are limited to drainage areas of two acres or less. Neither the Rational
Method nor Modified Rational Method shall be used to calculate runoff
volumes for groundwater recharge or stormwater runoff infiltration
purposes. The Intensity-Duration-Frequency curves determining the
rainfall rates in inches per hour for the Rational Method must be
taken from NOAA - National Weather Service. 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/2014NJSoilErosion
ControlStandardsComplete.pdf.
2.
When selecting or calculating runoff coefficients for pre-developed
project site conditions using any of the above methods, the project
site's land cover shall be assumed to be woods with good hydrologic
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 site without interruption for at least two 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. If more than
one land cover other than woods has existed on the site during the
five years immediately prior to the time of application, the land
cover with the lowest runoff potential (including woods) shall be
used for the computations. All pre-developed land covers shall be
assumed to be in good hydrologic condition and, if cultivated, shall
be assumed to have applied appropriate conservation practices. The
term "runoff coefficient" applies to both the NRCS methodology above
at § Z-1500.5A1a and the Rational and Modified Rational
Methods at § Z-1500.5A1b. 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.
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 calculating pre-developed 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 reduce
pre-developed site stormwater runoff rates and/or volumes.
4.
In calculating stormwater runoff using the NRCS methodology, the
design engineer shall use appropriate twenty-four-hour rainfall depths
as developed for the project site by the National Oceanic and Atmospheric
Administration.
5.
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
a drainage area.
6.
Calculation of stormwater runoff from unconnected impervious surfaces
shall be based, as applicable, upon the Two-Step methodology as described
in the Department's current Stormwater Best Management Practices Manual
or the NRCS methodology described in the current Technical Release
55 - Urban Hydrology for Small Watersheds.
7.
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 Calculations.
1.
In complying with the design and performance standard in § Z-1500.4, the design engineer-professional hydrogeologist may calculate groundwater recharge in accordance with The New Jersey Geological Survey Report GSR-32, A Method for Evaluating Groundwater-Recharge Areas in New Jersey, incorporated herein by reference as amended and supplemented. Information regarding the methodology is available from the New Jersey Stormwater Best Management Practices Manual or at New Jersey Geological and Water Survey, 29 Arctic Parkway, PO Box 420 Mail Code 29-01, Trenton, New Jersey 08625-0420.
2.
Field testing is required to derive values for permeability (hydraulic
conductivity). Field methodologies that are applied should be as per
N.J.A.C. 7:9A-6.4 through 7:9A-6.7.
A.
Structural management measures standards for structural stormwater
management measures are as follows:
1.
Structural stormwater management measures shall be designed to factor
into the design the existing site conditions which may cause the measure
to fail, have an adverse effect on water quality or quantity, or cause
harm or damage to persons or property, 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 significant land filling.
2.
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 § Z-1500.9B. All structures must be reviewed and approved by the Planning Board and/or the City Public Works Director for compliance with this section.
3.
Structural stormwater management measures shall be designed, constructed,
and installed to be strong, durable, and corrosion-resistant. Measures
that are consistent with the relevant portions of the Residential
Site Improvement Standards at N.J.A.C. 5:21-7.3, 7.4, and 7.5 shall
be deemed to meet this requirement. The measures are to be sequenced
in the site development process so that erosion control standards
are met and so the measure is not compromised or impaired by construction
runoff.
4.
At the intake to the outlet from the stormwater management basin,
the orifice size shall be a minimum of 2 1/2 inches in diameter.
5.
Stormwater management basins shall be designed to meet the minimum safety standards for stormwater management basins at § Z-1500.9.
6.
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.
Guidelines for Management Measures. Stormwater management measure guidelines are available in the New Jersey Stormwater Best Management Practices Manual and other documents as described in § Z-1500.9. Other stormwater management measures may be utilized provided the design engineer demonstrates to the satisfaction of the review agency that the proposed measure and its design will accomplish the required water quantity, groundwater recharge, retention and water quality design and performance standards established by § Z-1500.4.
C.
Manufactured Treatment Devices.
1.
Manufactured treatment devices may be used to meet the requirements found in § Z-1500.4, provided the pollutant removal rates are verified by the New Jersey Corporation for Advanced Technology and certified by the Department and the applicant has made a record that nonstructural techniques are infeasible for the site in question.
2.
Nonverified manufactured treatment devices may also be used for purposes
other than underground discharge of stormwater, where such devices
provide a clear benefit to stormwater quality or flow control in a
manner that facilitates improved nonstructural stormwater management
controls on the site, or avoids the need for approval of off-site
mitigation. Such devices may be beneficial as pretreatment to aboveground
stormwater management systems. The benefits of proposed nonverified
manufactured treatment devices must be proved to the satisfaction
of the review agency.
3.
Manufactured treatment devices may be used only where the maintenance plan required by § Z-1500.11 ensures that the manufactured device will be properly maintained for its functional lifespan and will be replaced as needed with management measures that are at least as effective as the original manufactured treatment device working in accordance with manufacturers specifications.
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.
[Amended 9-21-2023 by Ord. No. 28-2023]
A.
Site design features identified under § Z-1500.4E6 above,
or alternative designs in accordance with § Z-1500.4E7 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, or settleable solids. For exemptions
to this standard see § Z-1500.8A2 below.
1.
Design engineers shall use one of the following grates whenever they
use a grate in pavement or another ground surface to collect stormwater
from that surface into a storm drain or surface water body under that
grate:
a.
The New Jersey Department of Transportation (NJDOT) bicycle
safe grate, which is described in Chapter 2.4 of the NJDOT Bicycle
Compatible Roadways and Bikeways Planning and Design Guidelines; or
b.
A different grate, if each individual clear space in that grate
has an area of no more than seven square inches, or is no greater
than 0.5 inch across the smallest dimension. Note that the Residential
Site Improvement Standards at N.J.A.C. 5:21 include requirements for
bicycle safe grates.
(1)
Examples of grates subject to this standard include grates in
grate inlets, the grate portion (non-curb-opening portion) of combination
inlets, grates on storm sewer manholes, ditch grates, trench grates,
and grates of spacer bars in slotted drains. Examples of ground surfaces
include surfaces of roads (including bridges), driveways, parking
areas, bikeways, plazas, sidewalks, lawns, fields, open channels,
and stormwater system floors used to collect stormwater from the surface
into a storm drain or surface water body.
c.
For curb-opening inlets, including curb-opening inlets in combination
inlets, the clear space in that curb opening, or each individual clear
space if the curb opening has two or more clear spaces, shall have
an area of no more than seven square inches, or be no greater than
two inches across the smallest dimension.
2.
The standard in Subsection A1 above does not apply:
a.
Where each individual clear space in the curb opening in existing
curb-opening inlet does not have an area of more than nine square
inches;
b.
Where the municipality agrees that the standards would cause
inadequate hydraulic performance that could not practicably be overcome
by using additional or larger storm drain inlets;
c.
Where flows from the water quality design storm as specified
in N.J.A.C. 7:8 are conveyed through any device (e.g., end of pipe
netting facility, manufactured treatment device, or a catch basin
hood) that is designed, at a minimum, to prevent delivery of all solid
and floatable materials that could not pass through one of the following:
(1)
A rectangular space 4 5/8 (4.625) inches long and 1 1/2
(1.5) inches wide (this option does not apply for outfall netting
facilities); or
(2)
A bar screen having a bar spacing of 0.5 inch;
|
Note that these exemptions do not authorize any infringement
of requirements in the Residential Site Improvement Standards for
bicycle-safe grates in new residential development (N.J.A.C. 5:21-4.18(b)2
and 7.4(b)1);
|
d.
Where flows are conveyed through a trash rack that has parallel
bars with one-inch 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.
[Amended 9-21-2023 by Ord. No. 28-2023]
A.
General Scope. This § Z-1500.9 sets forth requirements to protect public safety through the proper design and operation of stormwater management BMPs. This § Z-1500.9 applies to any new stormwater management BMP. Safety standards for stormwater management measures shall comply with last amended N.J.A.C. 7:8- 6, incorporated herein by reference.
B.
Requirements for Trash Racks, Overflow Grates and Escape Provisions.
1.
A trash rack is a device intended to intercept runoff-borne trash
and debris that might otherwise block the hydraulic openings in the
outlet structure of a structural stormwater management measure. Trash
racks shall be installed upstream of such outlet structure openings
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 a maximum bar spacing of approximately
1/2 the diameter or width of the hydraulic opening it is protecting,
with no space greater than six inches between the bars.
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 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 300 lbs.
2.
An overflow grate is a device intended to prevent obstruction to
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 inches
across the smallest dimension.
c.
The overflow grate shall be constructed and installed to be
rigid, durable, and corrosion-resistant, and shall be designed to
withstand a perpendicular live loading of 300 pounds per square foot.
3.
Structural stormwater management measures shall include escape provisions
as follows:
a.
If a 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.
b.
Safety ledges shall be constructed on the slopes of all new structural stormwater management measures 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 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 to 1 1/2 feet above the permanent water surface. See § Z-1500.9D for an illustration of safety ledges in a stormwater management basin.
c.
In new stormwater management basins, the maximum slope of the
interior and exterior of an earthen dam, embankment, or berm shall
not be steeper than three horizontals to one vertical in accordance
with N.J.A.C. 7:8-6.2(c)3.
d.
An emergency drawdown method for detention basins is required
where the permanent pool will be more than 2 1/2 feet deep. This
drawdown method must consider downstream or offsite stability at the
outfall in accordance with the Standards for Soil Erosion and Sediment
Control in New Jersey.
C.
Variance or Exemption from Safety Standards.
1.
A variance or exemption from the safety standards for stormwater
management BMPs may be granted only upon a written finding by the
appropriate reviewing agency (municipality, county or Department)
that the variance or exemption will not constitute a threat to public
safety.
D.
Safety Ledges in a New Stormwater Management Basin. Figure 1.
 |
[Amended 9-21-2023 by Ord. No. 28-2023]
A.
Submission of Site Development Stormwater Plan.
1.
Whenever an applicant seeks municipal approval of a development subject to this § Z-1500, the applicant shall submit all of the required components of the Checklist for the Site Development Stormwater Plan at § Z-1500.10C below as part of the submission of the applicant's application for subdivision or site plan approval.
2.
The applicant shall demonstrate through Subsection C, Submission Requirements, that the project meets the standards set forth in this § Z-1500.
3.
The applicant shall submit to the approving municipal authority the required number of copies of the materials listed in the checklist for site development stormwater plans in accordance with § Z-1500.10C of this section.
B.
Site Development Stormwater Plan Approval. The applicant's site development project shall be reviewed as a part of the review process by the municipal board or official from which municipal approval is sought (the review agency). That review agency 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 § Z-1500.
C.
Submission Requirements. The information in § Z-1500.10C1
through C7 below shall be provided unless a waiver is approved through
§ Z-1500.10C8 below:
1.
Existing Site Conditions Topographic Base Map (including topography,
streams, roads and current built environment). 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 appropriate to show site details, showing
two-foot contour intervals. The following additional elements should
be considered and presented as appropriate and in combinations sufficient
to adequately indicate the existing site conditions and that of the
surrounding environs:
a.
Hydrology.
(1)
Perennial or intermittent streams as shown on the USGS 7.5 Minute
Quadrangle Maps and as indicated in the Soil Survey of Hunterdon County,
New Jersey.
(2)
Special water resource protection areas along all waters designated
Category One at N.J.A.C. 7:9B and perennial or intermittent streams
that drain into or upstream of the Category One waters as shown on
the USGS Quadrangle Maps or in the County Soil Surveys.
(3)
Wetlands, NJDEP Linear Non-Tidal Wetlands, Marshlands and NJDEP
Letter of Interpretation findings.
(4)
FEMA Q3 Flood Data 100-year floodplains and floodways.
(5)
Geometry of on-site drainage areas.
b.
Boundaries and Buffers.
(1)
Appropriate buffers to streams, rivers, wetlands, marshlands,
ponds, lakes and other water bodies as specified in pertinent ordinances,
rules, regulations, statutes or other provisions of law imposed by
local, county, state or federal agencies.
(2)
Existing and proposed bearing and distances of property lines.
(3)
Existing and proposed conservation, maintenance, construction,
reconstruction, sight, utility, drainage and right-of-way easements
and dedications.
d.
Geology and Soils (as indicated in the Soil Survey of Hunterdon
County, New Jersey).
(1)
Steep slopes, slopes 10% or greater.
(2)
Soil types.
(3)
Highly erodible soils, with an erodibility factor (K) of 0.40
or greater.
(4)
Drainage Class and recharge potential.
(5)
Colloidal soils.
(6)
Depth to bedrock.
(7)
Seasonal high water table.
(8)
Soils subject to dynamic compaction and compacted soils.
(9)
Soil pH.
(10)
Shrink swell potential.
(11)
Deeply fractured bedrock.
(12)
Hardpans and plough pans.
e.
Existing Man-Made Structures and Activities.
(1)
Existing buildings and significant permanent manmade features.
(2)
Roads by classification, parking areas and other impervious
surfaces.
(3)
Bridges and culverts.
(4)
Utilities, subsurface and aboveground.
(5)
Mining/quarry operations and blasting areas.
(6)
Acid or other hazardous runoff.
(7)
Areas of fill and buried debris.
(8)
Wellheads and associated groundwater withdrawals pipes, discharges
and BMPs of existing stormwater utilities.
(9)
Groundwater mounding.
(10)
Septic systems and wells of adjacent lots.
(11)
Leaking sanitary lines.
(12)
Previous land use (agricultural, industrial, commercial).
2.
Environmental Site Analysis. A written and graphic description
of the natural and man- made 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 critical areas
and to those that provide particular opportunities or constraints
for development. The applicant should consult the City's Environmental
Resource Inventory, DEP websites and other pertinent sources of local
data. Incorporation of nonstructural strategies demonstrates adherence
to a low-impact development (LID) approach. The written description
should include a list of the following nonstructural strategies (§ Z-1500.10C2a
through i), with a clear yes/no indication of if the strategy was
included in the plan and brief description:
a.
Protect areas that provide water quality benefits or areas particularly
susceptible to erosion and sediment lost;
b.
Minimize impervious surfaces and break up or disconnect the
flow of runoff over impervious surfaces;
c.
Maximize the protection of natural drainage features and vegetation;
d.
Minimize the decrease in time of concentration from preconstruction
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 compactions;
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; and
i.
Provide other source controls in order to prevent or minimize
the use or exposure of pollutants at the site in order to prevent
or minimize the release of those pollutants into stormwater runoff.
These source controls include, but are not limited to:
(1)
Site design features that help to prevent accumulation of trash
and debris in drainage systems;
(2)
Site design features that help to prevent discharge of trash
and debris in drainage systems;
(3)
Site design features that help prevent and/or contain spills
or other harmful accumulations of pollutants at industrial or commercial
developments; and
(4)
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.
Project Description and Site Plan(s). A map (or maps) at a scale
appropriate for the site 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.
Stormwater Site Planning and Design Summary. This plan shall provide a demonstration of how the goals and standards of §§ Z-1500.3 through Z-1500.6 are being met, including both nonstructural and structural approaches. The focus of this plan shall be to describe how the site is being managed or 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. Refer to the Municipal stormwater management plan and/or the Municipal Stormwater Pollution Prevention Plan for additional requirements. It should explain in full the maps required by this section.
5.
Stormwater Management Facilities Map(s). The following information,
illustrated on a map at a scale appropriate for the site, shall be
included:
a.
Total area to be disturbed, paved or built upon, proposed surface
contours, land area to be occupied by the stormwater management facilities
and the type of vegetation thereon, land area to remain in natural
vegetation, and details of the proposed plan to infiltrate, manage,
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 and discharge stability calculations for the pre-development and post-development conditions for the design storms specified in § Z-1500.4 of this section.
b.
When the proposed stormwater management control measures (e.g.,
infiltration basins) 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. The municipality
shall be notified of site investigation activities and given the opportunity
to have a witness, either prior to approval or as a condition of approval,
as appropriate for the specific type of measure. Subsequent to approval
of the major development, post-construction bulk soil density and
infiltration testing shall be required for all infiltration measures
that were used as justification for meeting the recharge standard,
to ensure that they were properly constructed.
7.
Maintenance and Repair Plan. The design and planning of the stormwater management facility shall meet the maintenance requirements of § Z-1500.11.
8.
Waiver from Submission Requirements. The review agency may,
in consultation with the Municipal Engineer, waive submission of any
of the requirements in § Z-1500.10C1 through 6 when it can
be demonstrated that the information requested is impossible to obtain
or it would create a significant economic hardship on the applicant
to obtain and its absence will not materially affect the review process.
[Amended 9-21-2023 by Ord. No. 28-2023]
A.
Applicability.
1.
Projects subject to review pursuant to § Z-1500.1C of this section shall comply with the requirements of § Z-1500.11B and C.
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. This plan shall be separate from all other documents
and designed for ongoing use by the site owners or operators in performing
and documenting maintenance and repair, and by the municipality in
ensuring implementation of the maintenance plan. The final maintenance
plan shall be updated and provided to the municipality post-construction
to include an evaluation based on the specifications of the initial
maintenance plan and as-built conditions.
2.
The maintenance plan shall contain specific preventive maintenance tasks and schedules; cost estimates, including estimated cost of sediment, debris, or trash removal and disposal; safety needs; identification of methods and disposal sites for materials removed during maintenance; maintenance requirements for created wetlands and other ecological systems; safety devices and systems; warranty and operational standards from the manufacturers of any manufactured treatment devices (See § Z-1500.6C); and the name, address, and telephone number of the person or persons responsible for preventive and corrective maintenance (including replacement), using maintenance guidelines for stormwater management measures from Section 6 of the Municipal stormwater management plan, Municipal Stormwater Pollution Prevention Plan and any relevant regional stormwater management plan. The plan shall contain information on BMP location, design, ownership, maintenance tasks and frequencies, and other details as specified in Chapter 8 of the NJ BMP Manual, as well as the tasks specific to the type of BMP, as described in the applicable chapter containing design specifics. If the maintenance plan identifies a person other than the developer (for example, a public agency or homeowners' association) as having the responsibility for continuing maintenance, the plan shall include documentation of such person's or entity's agreement to assume this responsibility, or of the developer's obligation to dedicate a stormwater management facility to such person under an applicable ordinance or regulation.
3.
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.
4.
If the person responsible for maintenance identified under Subsection
B2 above is not a public agency, the maintenance plan and any future
revisions based on Subsection B7 below shall be recorded upon the
deed of record for each property on which the maintenance described
in the maintenance plan must be undertaken.
5.
Preventive and corrective maintenance shall be performed to
maintain the function of the stormwater management measures, including,
but not limited to, repairs or replacement to the structures; removal
of sediment, debris, or trash; restoration of eroded areas; snow and
ice removal; fence repair or replacement; restoration of vegetation;
and repair or replacement of non-vegetated linings.
6.
The person responsible for maintenance identified under Subsection
B2 above shall maintain a detailed log of all preventive and corrective
maintenance for the structural stormwater management measures incorporated
into the design of the development, including a record of all inspections
and copies of all maintenance-related work orders.
7.
The person responsible for maintenance identified under Subsection
B2 above shall evaluate the effectiveness of the maintenance plan
at least once per year and adjust the plan and the deed as needed.
8.
The person responsible for maintenance identified under Subsection
B2 above shall retain, submit annually to the municipality 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 B6 and 7 above.
The report should be submitted to the Lambertville City Clerk by March
15 of every year that certifies the completion of maintenance responsibilities
for the prior year.
9.
The requirements of Subsection B3 and 4 do not apply to stormwater
management facilities that are dedicated to and accepted by the municipality
or another governmental agency of competent jurisdiction.
10.
In the event that the stormwater management facility becomes
a danger to public safety or public health or 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
City 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.
11.
Maintenance for stormwater management measures shall comply with
last amended N.J.A.C. 7:8-5.8, incorporated herein by reference.
C.
Nothing in this § Z-1500.11 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.
D.
The maintenance plan shall specifically provide a specific municipal
right of access for inspection of measures, and for maintenance if
required under Subsection B9.
E.
The person(s) identified in Subsection B2 above for the long-term
maintenance of the facility shall cause to be prepared and submit
a report to the Lambertville City Clerk by March 15 of every year
that certifies the completion of maintenance responsibilities for
the prior year. The responsible party shall allow a representative
of the City to inspect the stormwater management facilities.
Any person 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 or imprisonment in accordance
with Section 900 of the Lambertville Subdivision Ordinance, Section
1000 of the City Zoning Ordinance, and all applicable sections of
the municipal code of the City of Lambertville. In accordance with
the aforementioned codes and ordinances, in the event the City determines
to abate any violation after the owner thereof has been notified to
abate the violation and fails or refuses to do so, the City, upon
completing the abatement, shall be entitled to a lien upon the property
on which the violation took place, in the amount of the funds expended
by the City in conducting the abatement work, which shall run with
the property until satisfied in full, with interest, as provided in
State law for abatement of nuisances.
This § Z-1500 shall take effect immediately upon the approval by the County Review Agency, or 60 days from the receipt of Ordinance No. 08-2021 by the Hunterdon County Planning Board if the Hunterdon County Planning Board, as county review agency, should fail to act.
[Amended 9-21-2023 by Ord. No. 28-2023]
Each section, subsection, sentence, clause and phrase of this § Z-1500 is declared to be an independent section, subsection, sentence, clause and phrase, and the finding or holding of any such portion of this § Z-1500 to be unconstitutional, void, or ineffective for any cause, or reason, shall not affect any other portion of this § Z-1500.
A.
The Board having jurisdiction over an application requiring a stormwater management plan shall have the jurisdiction to grant a waiver from strict compliance with the performance requirements of this § Z-1500 or the stormwater management plan. The waiver may be granted where an applicant has demonstrated the inability or impracticality of strict compliance with § Z-1500, and/or the stormwater management plan upon the following conditions. The applicant must demonstrate one of the following: (1) an inability to apply any of the best management practices and methodologies as defined and approved herein and in the stormwater management plan, due to an extraordinary and exceptional situation uniquely affecting the subject property or the structures thereon, resulting in a peculiar and exceptional practical difficulty or undue hardship; or (2) that the purposes of this § Z-1500 and stormwater management plan can be advanced by a deviation from the best management practices and methodologies as defined and approved herein and in the stormwater management plan, where the benefits of such deviation substantially outweigh any detriment.
B.
In requesting a waiver as to any application, the applicant may submit
as reasons for the waiver the site conditions of the proposed project,
including soils types; thin soil cover; low permeability soils, and/or
shallow depths to groundwater (high groundwater levels), unique conditions
which would create an unsafe design, or conditions which would provide
a detrimental impact to public health, welfare or safety.
C.
The waiver cannot be granted due to conditions created by the applicant. If the applicant can comply with the requirements of § Z-1500 and the stormwater management plan through reduction of the size of the project, the hardship is self-imposed and the Board lacks jurisdiction to grant any waiver under this section.
D.
The applicant must propose a suitable mitigation method through submission of a mitigation plan which will conform as closely as possible to the design and performance standards of this § Z-1500, through structural or nonstructural stormwater management measures, governing stormwater quality, quantity, and groundwater recharge.
E.
The mitigation plan shall include sufficient data and analyses, including
an alternatives analysis, which demonstrate how on-site compliance
is to be maximized.
F.
The mitigation plan must provide stormwater management results compatible
with the same HUC-14 watershed within which the subject project is
proposed. Alternatively, the mitigation plan may (1) provide for funding
toward an off-site or regional stormwater control project, if available
and practicable, or (2) fund an analysis to determine a more appropriate
mitigation method to be presented to the Board for approval; or (3)
provide for equivalent treatment at an alternate location, or (4)
provide some other equivalent water quality benefit, if an on-site
method is not proposed, provided the results required herein are achieved.
G.
The applicant shall be responsible for locating an appropriate site
for mitigation of the performance section for which the waiver is
sought.
H.
The funding option shall be allowed only in situations where there
will be no immediate impact upon a sensitive receptor. Contribution
to a regional, municipal or off-site mitigation plan shall be allowed
for any application for one individual single-family residence. When
approved by the Board, receipt of the financial contribution shall
be deemed to satisfy the mitigation requirement for that application.
I.
The Board having jurisdiction over the individual application may
determine that, due to the size of the project necessary to mitigate
for the waiver, it is not practical to require a mitigation project.
J.
In all instances the Board having jurisdiction over the application shall have the power to impose additional conditions as may be appropriate under the circumstances of the application. The Board shall make specific findings of fact and conclusions consistent with this section (1) showing the inability or impracticality of strict compliance with § Z-1500 and the stormwater management plan and (2) justifying the approval of the applicant's mitigation plan, in order to satisfy the reporting requirements of the municipality's NJPDES permit and other applicable state law requiring the submission of reports to any state or county review agency. The Board shall also have the power to require mitigation as to applications which have received waivers from the New Jersey Department of Environmental Protection.
K.
For purposes of this § Z-1500, "mitigation" shall incorporate the definition set forth in § Z-1500.2 and shall include situations where the 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 addition to the requirements set forth in this § Z-1500.
[Added 7-20-2023 by Ord. No. 14-2023]
A.
Purpose.
1.
An ordinance requiring the retrofitting of existing storm drain
inlets which are in direct contact with repaving, repairing, reconstruction,
or resurfacing or alterations of facilities on private property, to
prevent the discharge of solids and floatables (such as plastic bottles,
cans, food wrappers and other litter) to the municipal separate storm
sewer system(s) operated by the City of Lambertville so as to protect
public health, safety and welfare, and to prescribe penalties for
the failure to comply.
B.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
PERSON
STORM DRAIN INLET
WATERS OF THE STATE
Definitions.
For the purpose of this ordinance, the following terms, phrases,
words, and their derivations shall have the meanings stated herein
unless their use in the text of this Chapter clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory.
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 Lambertville 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.
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this State subject to municipal
jurisdiction.
An opening in a storm drain used to collect stormwater runoff
and includes, but is not limited to, a grate inlet, curb-opening inlet,
slotted inlet, and combination inlet.
Means the ocean and its estuaries, all springs, streams and
bodies of surface or ground water, whether natural or artificial,
within the boundaries of the State of New Jersey or subject to its
jurisdiction.
C.
Prohibited Conduct.
1.
No person in control of private property 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 without first obtaining a Zoning Permit to ensure that the
existing inlet meets one of the following conditions:
D.
Design Standard.
Storm drain inlets identified in paragraph C 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 paragraph E3 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 (7.0) square inches, or is no greater
than 0.5 inches across the smallest dimension.
Examples of grates subject to this standard include grates in
grate inlets, the grate portion (non-curb-opening portion) of combination
inlets, grates on storm sewer manholes, ditch grates, trench grates,
and grates of spacer bars in slotted drains. Examples of ground surfaces
include surfaces of roads (including bridges), driveways, parking
areas, bikeways, plazas, sidewalks, lawns, fields, open channels,
and stormwater basin floors.
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 (7.0) square inches, or be no greater than two (2.0)
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;
b.
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:
c.
Where flows are conveyed through a trash rack that has parallel
bars with one-inch (1") spacing between the bars; or
d.
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.
E.
Enforcement.
1.
This section shall be enforced by the Police Department and/or
other Municipal Officials of the City of Lambertville.
F.
Penalties.
1.
Any person(s) who is found to be in violation of the provisions
of this section shall be subject to the following for each storm drain
inlet that is not retrofitted to meet the design standard:
a.
The assigned Municipal Official of the City of Lambertville
shall issue a memo to the person in violation informing them of the
requirement to obtain Municipal approval. The person shall have a
time limit of 30 days, from the issuance of the memo, to comply.
