[Added 4-21-2021 by Ord.
No. 2021-05]
Unless specifically defined below, words or phrases used in
this section shall be interpreted so as to give them the meaning they
have in common usage and to give this section its most reasonable
application. The definitions below are the same as or based on the
corresponding definitions in the Stormwater Management Rules at N.J.A.C.
7:8-1.2.
CAFRA PLANNING MAP
The geographic depiction of the boundaries for Coastal Planning
Areas, CAFRA centers, CAFRA cores and CAFRA nodes pursuant to N.J.A.C.
7:7E-5B.3.
COMMUNITY BASIN
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.
CONTRIBUTORY DRAINAGE AREA
The area from which stormwater runoff drains to a stormwater
management measure, not including the area of the stormwater management
measure itself.
CORE
A pedestrian-oriented area of commercial and civic uses serving
the surrounding municipality, generally including housing and access
to public transportation.
COUNTY REVIEW AGENCY
An agency designated by the County Board of Commissioners
to review municipal stormwater management plans and implementing ordinance(s).
The county review agency may either be:
a.
A county planning agency; or
b.
A county water resource association created under N.J.S.A. 58:16A-55.5,
if the ordinance or resolution delegates authority to approve, conditionally
approve, or disapprove municipal stormwater management plans and implementing
ordinances.
DEPARTMENT
The New Jersey Department of Environmental Protection.
DESIGN ENGINEER
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.
DESIGNATED CENTER
A state development and redevelopment plan center as designated
by the State Planning Commission, such as urban, regional, town, village,
or hamlet.
DEVELOPMENT
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.
DISTURBANCE
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.
DRAINAGE AREA
A geographic area within which stormwater, sediments, or
dissolved materials drain to a particular receiving water body or
to a particular point along a receiving water body.
EMPOWERMENT NEIGHBORHOOD
A neighborhood designated by the Urban Coordinating Council
"in consultation and conjunction with" the New Jersey Redevelopment
Authority pursuant to N.J.S.A. 55:19-69.
ENVIRONMENTALLY CONSTRAINED AREA
The following areas where the physical alteration of the
land is in some way restricted, either through regulation, easement,
deed restriction or ownership, such as wetlands, floodplains, threatened
and endangered species sites or designated habitats, and parks and
preserves. Habitats of endangered or threatened species are identified
using the Department's Landscape Project as approved by the Department's
Endangered and Nongame Species Program.
ENVIRONMENTALLY CRITICAL AREAS
An area or feature which is of significant environmental
value, including, but not limited to, stream corridors; natural heritage
priority sites; habitat of endangered or threatened species; large
areas of contiguous open space or upland forest; steep slopes; and
wellhead protection and groundwater recharge areas. Habitats of endangered
or threatened species are identified using the Department's Landscape
Project as approved by the Department's Endangered and Nongame Species
Program.
EROSION
The detachment and movement of soil or rock fragments by
water, wind, ice, or gravity.
GREEN INFRASTRUCTURE
A stormwater management measure that manages stormwater close
to its source by:
a.
Treating stormwater runoff through infiltration into subsoil;
b.
Treating stormwater runoff through filtration by vegetation
or soil; or
c.
Storing stormwater runoff for reuse.
HUC 14 or HYDROLOGIC UNIT CODE 14
An area within which water drains to a particular receiving
surface water body, also known as a "subwatershed," which is identified
by a fourteen-digit hydrologic unit boundary designation, delineated
within New Jersey by the United States Geological Survey.
IMPERVIOUS SURFACE
A surface that has been covered with a layer of material
so that it is highly resistant to infiltration by water.
INFILTRATION
The process by which water seeps into the soil from precipitation.
LEAD PLANNING AGENCY
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.
MAJOR DEVELOPMENT
a.
An individual development, as well as multiple developments
that individually or collectively result in:
1.
The disturbance of one or more acres of land since February
2, 2004;
2.
The creation of 1/4 acre or more of regulated impervious surface
since February 2, 2004;
3.
The creation of 1/4 acre or more of regulated motor vehicle
surface since March 2, 2021; or
4.
A combination of Subsection a2 and 3 above that totals an area
of 1/4 acre or more. The same surface shall not be counted twice when
determining if the combination area equals 1/4 acre or more.
b.
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.
MOTOR VEHICLE
Land vehicles propelled other than by muscular power, such
as automobiles, motorcycles, autocycles, and low-speed vehicles. For
the purposes of this definition, motor vehicle does not include farm
equipment, snowmobiles, all-terrain vehicles, motorized wheelchairs,
go-carts, gas buggies, golf carts, ski-slope grooming machines, or
vehicles that run only on rails or tracks.
MOTOR VEHICLE SURFACE
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.
NEW JERSEY STORMWATER BEST MANAGEMENT PRACTICES (BMP) MANUAL
or BMP MANUAL
The manual maintained by the Department providing, in part, design specifications, removal rates, calculation methods, and soil testing procedures approved by the Department as being capable of contributing to the achievement of the stormwater management standards specified in this section. The BMP Manual is periodically amended by the Department as necessary to provide design specifications on additional best management practices and new information on already included practices reflecting the best available current information regarding the particular practice and the Department's determination as to the ability of that best management practice to contribute to compliance with the standards contained in this section. Alternative stormwater management measures, removal rates, or calculation methods may be utilized, subject to any limitations specified in this section, provided the design engineer demonstrates to the municipality, in accordance with Subsection
17-32.4g of this section and N.J.A.C. 7:8-5.2(g), that the proposed measure and its design will contribute to achievement of the design and performance standards established by this section.
NODE
An area designated by the State Planning Commission concentrating
facilities and activities which are not organized in a compact form.
NUTRIENT
A chemical element or compound, such as nitrogen or phosphorus,
which is essential to and promotes the development of organisms.
PERSON
Any individual, corporation, company, partnership, firm,
association, the Borough of Beachwood, or political subdivision of
this state subject to municipal jurisdiction pursuant to the Municipal
Land Use Law, N.J.S.A. 40:55D-1 et seq.
POLLUTANT
Any dredged spoil, solid waste, incinerator residue, filter
backwash, sewage, garbage, refuse, oil, grease, sewage sludge, munitions,
chemical wastes, biological materials, medical wastes, radioactive
substance [except those regulated under the Atomic Energy Act of 1954,
as amended (42 U.S.C. § 2011 et seq.)], thermal waste, wrecked
or discarded equipment, rock, sand, cellar dirt, industrial, municipal,
agricultural, and construction waste or runoff, or other residue discharged
directly or indirectly to the land, groundwaters or surface waters
of the state, or to a domestic treatment works. "Pollutant" includes
both hazardous and nonhazardous pollutants.
RECHARGE
The amount of water from precipitation that infiltrates into
the ground and is not evapotranspired.
REGULATED IMPERVIOUS SURFACE
Any of the following, alone or in combination:
a.
A net increase of impervious surface;
b.
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);
c.
The total area of impervious surface proposed to be newly collected
by an existing stormwater conveyance system; and/or
d.
The total area of impervious surface collected by an existing
stormwater conveyance system where the capacity of that conveyance
system is increased.
REGULATED MOTOR VEHICLE SURFACE
Any of the following, alone or in combination:
a.
The total area of motor vehicle surface that is currently receiving
water;
b.
A net increase in motor vehicle surface; and/or
c.
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.
SEDIMENT
Solid material, mineral or organic, that is in suspension,
is being transported, or has been moved from its site of origin by
air, water or gravity as a product of erosion.
SITE
The lot or lots upon which a major development is to occur
or has occurred.
SOIL
All unconsolidated mineral and organic material of any origin.
STATE PLAN POLICY MAP
The geographic application of the State Development and Redevelopment
Plan's goals and statewide policies, and the Official Map of these
goals and policies.
STORMWATER
Water resulting from precipitation (including rain and snow)
that runs off the land's surface, is transmitted to the subsurface,
or is captured by separate storm sewers or other sewage or drainage
facilities, or conveyed by snow removal equipment.
STORMWATER MANAGEMENT BMP
An excavation or embankment and related areas designed to
retain stormwater runoff. A stormwater management BMP may either be
normally dry (that is, a detention basin or infiltration system),
retain water in a permanent pool (a retention basin), or be planted
mainly with wetland vegetation (most constructed stormwater wetlands).
STORMWATER MANAGEMENT MEASURE
Any practice, technology, process, program, or other method
intended to control or reduce stormwater runoff and associated pollutants,
or to induce or control the infiltration or groundwater recharge of
stormwater or to eliminate illicit or illegal nonstormwater discharges
into stormwater conveyances.
STORMWATER MANAGEMENT PLANNING AREA
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.
STORMWATER RUNOFF
Water flow on the surface of the ground or in storm sewers,
resulting from precipitation.
TIDAL FLOOD HAZARD AREA
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.
URBAN ENTERPRISE ZONE
A zone designated by the New Jersey Enterprise Zone Authority
pursuant to the New Jersey Urban Enterprise Zones Act, N.J.S.A. 52:27H-60
et seq.
URBAN REDEVELOPMENT AREA
Previously developed portions of areas:
a.
Delineated on the State Plan Policy Map (SPPM) as the Metropolitan
Planning Area (PA1), designated centers, cores or nodes;
b.
Designated as CAFRA centers, cores or nodes;
c.
Designated as Urban Enterprise Zones; and
d.
Designated as Urban Coordinating Council Empowerment Neighborhoods.
WATER CONTROL STRUCTURE
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.
WATERS OF THE STATE
The ocean and its estuaries, all springs, streams, wetlands,
and bodies of surface water or groundwater, whether natural or artificial,
within the boundaries of the State of New Jersey or subject to its
jurisdiction.
WETLANDS or WETLAND
An area that is inundated or saturated by surface water or
groundwater at a frequency and duration sufficient to support, and
that under normal circumstances does support, a prevalence of vegetation
typically adapted for life in saturated soil conditions, commonly
known as "hydrophytic vegetation."
[Added 4-21-2021 by Ord.
No. 2021-05]
Any person(s) who erects, constructs, alters, repairs, converts,
maintains, or uses any building, structure or land in violation of
this section shall be subject to a fine of not more than $1,000 for
each separate offense and/or confinement in the Ocean County Jail
for a period of not more than 90 days.
[Added 4-21-2021 by Ord.
No. 2021-05]
This section shall take effect immediately upon the approval
by the county review agency, or 60 days from the receipt of the section
by the county review agency if the county review agency should fail
to act.
[Added 4-21-2021 by Ord.
No. 2021-05]
If the provisions of any subsection, paragraph, subdivision,
or clause of this section shall be judged invalid by a court of competent
jurisdiction, such order of judgment shall not affect or invalidate
the remainder of any subsection, paragraph, subdivision, or clause
of this section.
[Ord. #2006-08, § III; Ord. #2006-24, §§ 1,
2]
a. Method of calculating stormwater runoff rate and volume.
1. In complying with the Stormwater Runoff Quantity and Rate Standards in subsection
17-33.4b, the design engineer shall calculate the stormwater runoff rate and volume using the USDA Natural Resources Conservation Service (NRCS) Runoff Equation, Runoff Curve Numbers, and Dimensionless Unit Hydrograph, as described in the NRCS National Engineering Handbook Part 630 — Hydrology and Technical Release 55 — Urban Hydrology for Small Watersheds, incorporated herein by reference, as amended and supplemented. Alternative methods of calculation may be utilized, provided such alternative methods are at least as protective as the NRCS methodology when considered on a regional stormwater basis.
2. In calculating stormwater runoff using the NRCS methodology, the
design engineer shall separately calculate and then combine the runoff
volumes from pervious and directly connected impervious surfaces within
each drainage area within the parcel.
3. Calculation of stormwater runoff from unconnected impervious surfaces
shall be based, as applicable, upon the Two-Step method described
in the current New Jersey Stormwater Best Management Practices Manual
or the NRCS methodology.
4. In calculating stormwater runoff using the NRCS methodology, the
design engineer shall use appropriate 24-hour rainfall depths as developed
for the project site by the National Oceanic and Atmospheric Administration,
available online at http://hdsc.nws.noaa.gov/hdsc/pfds/index.html.
5. When calculating stormwater runoff for predeveloped site conditions,
the design engineer shall use the following criteria:
(a)
When selecting or calculating Runoff Curve Numbers (CNs) for
predeveloped project site conditions, the project site's land cover
shall be assumed to be woods in good condition. However, another land
cover may be used to calculate runoff coefficients if:
(1)
Such land cover has existed at the site or portion thereof without
interruption for at least five (5) years immediately prior to the
time of application; and
(2)
The design engineer can document the character and extent of
such land cover through the use of photographs, affidavits, and/or
other acceptable land use records.
(b)
If more than one (1) land cover has existed on the site during
the five (5) years immediately prior to the time of application, the
land cover with the lowest runoff potential shall be used for the
computations.
(c)
All predeveloped land covers shall be assumed to be in good
hydrologic condition and, if cultivated, shall be assumed to have
conservation treatment.
(d)
In calculating predeveloped site stormwater runoff, the design
engineer shall include the effects of all land features and structures,
such as ponds, wetlands, depressions, hedgerows, and culverts, that
affect predeveloped site stormwater runoff rates and/or volumes.
(e)
Where tailwater will affect the hydraulic performance of a stormwater
management measure, the design engineer shall include such effects
in the measure's design.
b. Method of calculating stormwater runoff quality.
1. In complying with the Stormwater Runoff Quality Standards in subsection
17-33.4f,1, the design engineer shall calculate the stormwater runoff rate and volume using the USDA Natural Resources Conservation Service (NRCS) Runoff Equation, Runoff Curve Numbers, and Dimensionless Unit Hydrograph, as described in the NRCS National Engineering Handbook Part 630 — Hydrology and Technical Release 55 — Urban Hydrology for Small Watersheds, as amended and supplemented.
2. The design engineer shall also use the NJDEP Water Quality Design
Storm, which is one and one-quarter (1.25") inches of rainfall in
a nonlinear pattern in two (2) hours. Details of the Water Quality
Design Storm are shown in Table 1.
3. Calculation of runoff volumes, peak rates, and hydrographs for the
Water Quality Design Storm may take into account the implementation
of nonstructural and structural stormwater management measures.
Table 1: Water Quality Design Storm Distribution
|
---|
Time
(minutes)
|
Cumulative Rainfall
(inches)
|
---|
0
|
0.0000
|
5
|
0.0083
|
10
|
0.0166
|
15
|
0.0250
|
20
|
0.0500
|
25
|
0.0750
|
30
|
0.1000
|
35
|
0.1330
|
40
|
0.1660
|
45
|
0.2000
|
50
|
0.2583
|
55
|
0.3583
|
60
|
0.6250
|
65
|
0.8917
|
70
|
0.9917
|
75
|
1.0500
|
80
|
1.0840
|
85
|
1.1170
|
90
|
1.1500
|
95
|
1.1750
|
100
|
1.2000
|
105
|
1.2250
|
110
|
1.2334
|
115
|
1.2417
|
120
|
1.2500
|
4. Total Suspended Solids (TSS) reduction calculations.
(a)
If more than one (1) stormwater BMP in series is necessary to
achieve the required eighty (80%) percent TSS reduction for a site,
the applicant shall utilize the following formula to calculate TSS
reduction:.
R = A + B -- (AxB)/100
|
R = total TSS percent load removal from application of both
BMPs;
|
A = the TSS percent removal rate applicable to the first BMP;
and
|
B = the TSS percent removal rate applicable to the second BMP.
|
(b)
If there is more than one (1) on-site drainage area, the eighty
(80%) percent TSS removal rate shall apply to each drainage area,
unless the runoff from the subareas converge on site, in which case
the removal rate can be demonstrated through a calculation using a
weighted average.
5. TSS removal rates for stormwater BMPs.
(a)
For purposes of TSS reduction calculations, Table 2 presents the presumed removal rates for certain BMPs designed in accordance with the New Jersey BMP Manual. The BMP Manual may be obtained from the address identified in subsection
17-33.12a or found on the NJDEP's website at www.njstormwater.org. TSS reduction shall be calculated based on the removal rates for the BMPs in Table 2.
(b)
Alternative stormwater management measures, removal rates and
methods of calculating removal rates may be used if the design engineer
provides documentation demonstrating the capability of these alternative
rates and methods to Beachwood Borough. Any alternative stormwater
management measure, removal rate or method of calculating the removal
rate shall be subject to approval by Beachwood Borough and a copy
shall be provided to the following:
(1)
The Division of Watershed Management, New Jersey Department
of Environmental Protection, PO Box 418 Trenton, NJ, 08625-0418; and
(2)
The New Jersey Pinelands Commission, PO Box 7, New Lisbon, NJ,
08064.
Table 2: Pollutant Removal Rates for BMPs
|
---|
Best Management Practice
|
TSS Percent Removal Rate
|
Total Phosphorus Percent Removal Rate
|
Total Nitrogen Percent Removal Rate
|
---|
Bioretention Systems
|
90
|
60
|
30
|
Constructed Stormwater Wetland
|
90
|
50
|
30
|
Extended Detention Basin
|
40-60
[final rate based upon detention time; see New Jersey BMP Manual,
Chap. 9]
|
20
|
20
|
Infiltration Basin
|
80
|
60
|
50
|
Manufactured Treatment Device
|
Pollutant removal rates as certified by NJDEP; see subsection 17-33.3
|
Pollutant removal rates as certified by NJDEP; see subsection 17-33.3
|
Pollutant removal rates as certified by NJDEP; see subsection 17-33.3
|
Pervious Paving Systems
|
80 (porous paving)
|
60
|
50
|
80 (permeable pavers with storage bed)
|
0 — volume reduction only (permeable pavers without storage
bed)
|
0 — volume reduction only (permeable pavers without storage
bed)
|
0 — volume reduction only (permeable pavers without storage
bed)
|
Sand Filter
|
80
|
50
|
35
|
Vegetative Filter Strip (For filter strips with multiple vegetated
covers, the final TSS removal rate should be based upon a weighted
average of the adopted rates shown in Table 2, based upon the relative
flow lengths through each cover type.)
|
60 (turf grass)
|
30
|
30
|
70 (native grasses, meadow and planted woods)
|
80 (indigenous woods)
|
Wet Pond/Retention Basin
|
50-90 (final rate based upon pool volume and detention time;
see NJ BMP Manual)
|
50
|
30
|
6. Nutrient removal rates for stormwater BMPs. For purposes of post-development nutrient load reduction calculations, Table 2 presents the presumed removal rates for certain BMPs designed in accordance with the New Jersey BMP Manual. If alternative stormwater BMPs are proposed, the applicant shall demonstrate that the selected BMPs will achieve the nutrient removal standard required in subsection
17-33.4f.
c. Methods of calculating groundwater recharge.
1. In complying with the groundwater recharge requirements in subsection
17-33.4c,1(a), the design engineer may calculate groundwater recharge in accordance with the New Jersey Groundwater Recharge Spreadsheet (NJGRS) computer program incorporated herein by reference as amended and supplemented. Information regarding the methodology is available in subsection
17-33.11a or from the New Jersey BMP Manual.
2. Alternative groundwater recharge calculation methods to meet these
requirements may be used upon approval by the Municipal Engineer.
3. In complying with the groundwater recharge requirements in subsection
17-33.4c,1(b), the design engineer shall:
(a)
Calculate stormwater runoff volumes in accordance with the USDA
Natural Resources Conservation Service (NRCS) methodology, including
the NRCS Runoff Equation and Runoff Curve Numbers, as described in
the NRCS National Engineering Handbook Part 630 — Hydrology
and Technical Release 55 — Urban Hydrology for Small Watersheds
as amended and supplemented; and
(b)
Use appropriate 2-year, 24-hour rainfall depths as developed
for the project site by the National Oceanic and Atmospheric Administration,
available online at http://hdsc.nws.noaa.gov/hdsc/pfds/index.html.
4. When calculating groundwater recharge or stormwater runoff for predeveloped
site conditions, the design engineer shall use the following criteria:
(a)
When selecting land covers or calculating Runoff Curve Numbers
(CNs) for pre-developed project site conditions, the project site's
land cover shall be assumed to be woods. However, another land cover
may be used to calculate runoff coefficients if:
(1)
Such land cover has existed at the site or portion thereof without
interruption for at least five (5) years immediately prior to the
time of application; and
(2)
The design engineer can document the character and extent of
such land cover through the use of photographs, affidavits, and/or
other acceptable land use records.
(b)
If more than one (1) land cover, other than woods, has existed
on the site during the five (5) years immediately prior to the time
of application, the land cover with the lowest runoff potential (including
woods) shall be used for the computations.
(c)
All predeveloped land covers shall be assumed to be in good
hydrologic condition and, if cultivated, shall be assumed to have
conservation treatment.
[Ord. #2006-08, § IV; Ord. #2006-24, §§ 3—6;
Ord. #2007-11, § 1]
a. Nonstructural stormwater management strategies.
1. To the maximum extent practicable, the performance standards in subsection
17-33.4 for major development shall be met by incorporating the nine (9) nonstructural strategies identified in Subchapter 5 of the NJ Stormwater Management Rules (N.J.A.C. 7:8-5), and set forth in subsection
17-33.2c,4(a), into the design. The applicant shall identify within the Land Use Planning and Source Control Plan required by subsection
17-33.2c,4 of this section how each of the nine (9) nonstructural measures will be incorporated into the design of the project to the maximum extent practicable.
2. If the applicant contends that it is not practical for engineering, environmental or safety reasons to incorporate any of the nine (9) nonstructural strategies into the design of a particular project, the applicant shall provide a detailed rationale establishing a basis for the contention that use of the strategy is not practical on the site. This rationale shall be submitted in accordance with the Checklist Requirements established by subsection
17-33.2 to Beachwood Borough. A determination by Beachwood Borough that this rationale is inadequate or without merit shall result in a denial of the application unless one (1) of the following conditions are met:
(a)
The Land Use Planning and Source Control Plan is amended to
include a description of how all nine (9) nonstructural measures will
be implemented on the development site, and the amended Plan is approved
by Beachwood Borough;
(b)
The Land Use Planning and Source Control Plan is amended to provide an alternative nonstructural strategy or measure that is not included in the list of nine (9) nonstructural measures, but still meets the performance standards in subsection
17-33.4, and the amended Plan is approved by Beachwood Borough; or
(c)
The Land Use Planning and Source Control Plan is amended to
provide an adequate rationale for the contention that use of the particular
strategy is not practical on the site, and the amended Plan is approved
by Beachwood Borough.
3. In addition to all other requirements of this section, each applicant
shall demonstrate that, at a minimum, existing trees and vegetation
on the development site will be preserved, protected and maintained
according to the minimum standards established by provisions of the
Beachwood Borough Land Use Ordinance, Zoning Ordinance or by conditions
of zoning or variance approval. Existing trees and vegetation shall
be protected during construction activities in accordance with the
"Standard for Tree Protection During Construction" provided in the
NJ State Soil Conservation Committee Standards for Soil Erosion and
Sediment Control in New Jersey, which is incorporated herein by reference
as amended and supplemented.
4. In addition to all other requirements of this section, each application
for major development, and any other application where Beachwood Borough
otherwise requires a landscaping plan, shall contain a landscaping
or revegetation plan in accordance with the Pinelands CMP standards
at N.J.A.C. 7:50-6.24(c).
5. Any land area used as a nonstructural stormwater management measure to meet the performance standards in subsection
17-33.4 shall be dedicated to a government entity; shall be subjected to a conservation easement filed with the appropriate County Clerk's office; or shall be subjected to an equivalent form of restriction approved by Beachwood that ensures that that measure, or equivalent stormwater management measure is maintained in perpetuity, as detailed in subsection
17-33.6 of this section.
6. Guidance for nonstructural stormwater management strategies is available in the New Jersey BMP Manual, which may be obtained from the address identified in subsection
17-33.12a or found on the NJDEP's website at www.njstormwater.org.
7. Exception for major development sites creating less than one (1) acre of disturbance. The use of nonstructural strategies to meet the performance standards in subsection
17-33.4 of this section is not required for major development creating less than one (1) acre of disturbance. However, the following requirements shall be met:
(a)
Each application for major development and any other application
where Beachwood Borough otherwise requires a landscaping plan shall
contain a landscaping or revegetation plan prepared in accordance
with the Pinelands CMP standards (N.J.A.C. 7:50-6.24(c));
(b)
Each applicant shall demonstrate that, at a minimum, existing
trees and vegetation on the development site will be preserved and
protected according to the minimum standards established by provisions
of the Beachwood Borough Land Use Ordinance, Zoning Ordinance or by
conditions of zoning or variance approval; and
(c)
Existing trees and vegetation shall be protected during construction
activities in accordance with the "Standard for Tree Protection During
Construction" provided in the NJ State Soil Conservation Committee
Standards for Soil Erosion and Sediment Control in New Jersey, which
is incorporated herein by reference as amended and supplemented.
b. Stormwater runoff quantity and rate standards.
1. There shall be no direct discharge of stormwater runoff from any
point or nonpoint source to any surface waterbody. In addition, stormwater
runoff shall not be directed in such a way as to increase the volume
and/or rate of discharge into any wetland, wetlands transition areas
or surface waterbody from that which existed prior to development
of the site.
2. To the maximum extent practical, there shall be no direct discharge
of stormwater runoff onto farm fields so as to protect farm crops
from damage due to flooding, erosion and long-term saturation of cultivated
crops and cropland.
3. For all major developments, the total runoff volume generated from
the net increase in impervious surfaces by a ten (10)-year, twenty-four
(24)-hour storm shall be retained and infiltrated onsite.
4. In addition, the design engineer, using the assumptions and factors for stormwater runoff and groundwater recharge calculations contained in subsection
17-33.3, shall either:
(a)
Demonstrate through hydrologic and hydraulic analysis that the
post-developed stormwater runoff hydrographs from the project site
for the two (2)-, ten (10)-, and one hundred (100)-year storms do
not exceed, at any point in time, the site's predeveloped runoff hydrographs
for the same storms;
(b)
Demonstrate through hydrologic and hydraulic analysis that under
post-developed site conditions:
(1)
There is no increase in predeveloped stormwater runoff rates
from the project site for the two (2)-, ten (10)-, and one hundred
(100)-year storms; and
(2)
Any increased stormwater runoff volume or change in stormwater
runoff timing for the two (2)-, ten (10)-, and one hundred (100)-year
storms will not increase flood damage at or downstream of the project
site. When performing this analysis for predeveloped site conditions,
all off-site development levels shall reflect existing conditions.
When performing this analysis for post-developed site conditions,
all off-site development levels shall reflect full development in
accordance with current zoning and land use ordinances; or
(c)
Demonstrate that the peak post-developed stormwater runoff rates
from the project site for the two (2)-, ten (10)-, and one hundred
(100)-year storms are fifty, seventy-five and eighty (50%, 75% and
80%) percent respectively, of the site's peak predeveloped stormwater
runoff rates for the same storms. Peak outflow rates from on-site
stormwater measures for these storms shall be adjusted where necessary
to account for the discharge of increased stormwater runoff rates
and/or volumes from project site areas not controlled by the on-site
measures. These percentages do not have to be applied to those portions
of the project site that are not proposed for development at the time
of application, provided that such areas are:
(1)
Protected from future development by imposition of a 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.
5. In tidal flood hazard areas, a stormwater runoff quantity analysis
in accordance with paragraphs (a), (b), and (c) above shall only be
applied if the increased volume of stormwater runoff could increase
flood damages below the point of discharge.
6. The standards for stormwater runoff quantity and rate required by this section shall be met using the methods, calculations and assumptions provided in subsection
17-33.3.
c. Groundwater recharge standards.
1. For all major developments, with the exception of those described in subsection
17-33.4c,4, below, the design engineer, using the assumptions and factors for stormwater runoff and groundwater recharge calculations contained in subsection
17-33.3, shall either:
(a)
Demonstrate through hydrologic and hydraulic analysis that the
post-developed project site maintains one hundred (100%) percent of
the site's predeveloped average annual groundwater recharge volume;
or
(b)
Demonstrate through hydrologic and hydraulic analysis that any
increase in the project site's stormwater runoff volume for the 2-year,
24-hour storm from predeveloped to post-developed conditions is infiltrated
on-site.
2. The design engineer shall assess the hydraulic impact on the groundwater
table and design the project site and all site groundwater recharge
measures so as to avoid adverse hydraulic impacts. Adverse hydraulic
impacts include, but are not limited to: raising the groundwater table
so as to cause surface ponding; flooding of basements and other subsurface
structures and areas; preventing a stormwater infiltration basin from
completely draining via infiltration within seventy-two (72) hours
of a design storm event; and interference with the proper operation
of subsurface sewage disposal systems and other surface and subsurface
facilities in the vicinity of the groundwater recharge measure.
3. The standards for groundwater recharge required by this section shall be met using the methods, calculations and assumptions provided in subsection
17-33.3.
4. Exceptions.
(a)
The preceding groundwater recharge standards shall not apply
to sites that create less than one (1) acre of disturbance.
d. Erosion control standards. The minimum design and performance standards
for erosion control are those established under the Soil Erosion and
Sediment Control Act, N.J.S.A. 4:24-39 et seq., and its implementing
regulations, N.J.A.C. 2:90-1.1 through 1.4.
e. Stormwater runoff quality standards.
1. There shall be no direct discharge of stormwater runoff from any
point or nonpoint source to any wetland, wetland transition area or
surface waterbody.
2. Stormwater management measures shall be designed to reduce the total
suspended solids (TSS) load in the stormwater runoff from the post-developed
site by eighty (80%) percent expressed as an annual average.
3. Stormwater management measures shall also be designed to reduce the
nutrient load in the stormwater runoff from the post-developed site
by the maximum extent practicable. In achieving this reduction, the
design of the development site shall include nonstructural and structural
stormwater management measures that optimize nutrient removal while
still achieving the groundwater recharge, runoff quantity and rate,
and TSS removal standards in this subsection.
4. The standards for stormwater runoff quality required by this subsection shall be met using the methods, calculations, assumptions and pollutant removal rates provided in subsection
17-33.3.
5. Exceptions.
(a)
The preceding stormwater quality standards shall not apply to
the following major development sites:
(1)
Major development sites where less than one-quarter (0.25) acre
of additional impervious surface is proposed; or
(2)
Major residential development sites that create less than one
(1) acre of disturbance.
(b)
The TSS reduction requirement in subsection
17-33.4f,2 shall not apply to any stormwater runoff in a discharge regulated under a numeric effluent limitation for TSS imposed under the NJPDES rules (N.J.A.C. 7:14A) or in a discharge specifically exempt under a NJPDES permit from this requirement.
(c)
The stormwater runoff quantity and rate standards in subsection
17-33.4b shall still be for all major development sites.
f. Additional stormwater quality standards for high pollutant loading
areas and areas where stormwater runoff is exposed to source material.
1. This subsection applies to the following areas of a major development as defined in subsection
17-33.7 of this section:
(a)
High pollutant loading areas (HPLAs); and
(b)
Areas where stormwater is exposed to "source material."
2. For a major development in areas described in paragraphs 1(a) or 1(b) above, in addition to the infiltration requirements specified in subsection
17-33.4b,2 and the groundwater recharge requirements specified in subsection
17-33.4e, the applicant shall demonstrate in the Land Use Planning and Source Control Plan required in subsection
17-33.2c,4 that the following requirements have been met:
(a)
The extent of the areas described in paragraphs 1(a) and 1(b)
above have been minimized on the development site to the maximum extent
practicable;
(b)
The stormwater runoff from the areas described in paragraphs
1(a) and 1(b) above is segregated to the maximum extent practicable
from the stormwater runoff generated from the remainder of the site
such that co-mingling of the stormwater runoff from the areas described
in paragraphs 1(a) and 1(b) above and the remainder of the site will
be minimized;
(c)
The amount of precipitation falling directly on the areas described
in paragraphs 1(a) and 1(b) above is minimized to the maximum extent
practicable by means of a canopy, roof or other similar structure
that reduces the generation of stormwater runoff; and
(d)
The stormwater runoff from or co-mingled with the areas described in paragraphs 1(a) and 1(b) above for the Water Quality Design Storm, defined in subsection
17-33.3b, Table 1 shall be subject to pretreatment by one (1) or more of the following stormwater BMPs, designed in accordance with the New Jersey BMP Manual to provide ninety (90%) percent TSS removal:
(3)
Wet ponds which shall be hydraulically disconnected by a minimum
of two (2') feet of vertical separation, from the seasonal high water
table and shall be designed to achieve a minimum eighty (80%) percent
TSS removal rate;
(4)
Constructed stormwater wetlands; and/or
(5)
Media filtration system manufactured treatment device with a
minimum eighty (80%) percent TSS removal as verified by the New Jersey
Corporation for Advanced Technology and as certified by NJPED.
(e)
If the potential for contamination of stormwater runoff by petroleum products exists onsite, prior to being conveyed to the pretreatment BMP required in subsection
17-33.4d,2(d) above, the stormwater runoff from the areas described in paragraphs 1(a) and 1(b) above shall be conveyed through an oil/grease separator or other equivalent manufactured filtering device to remove the petroleum hydrocarbons. The applicant shall provide the reviewing agency with sufficient data to demonstrate acceptable performance of the device.
g. Threatened and endangered species and associated habitat standards.
Stormwater management measures shall address adverse impacts of the
development on habitat for threatened and endangered species, in accordance
with N.J.A.C. 7:8-5.2(c), N.J.A.C. 7:50-6.27, and 7:50-6.33 and 34.
h.
Exceptions and mitigation requirements.
1. Exceptions from strict compliance from the groundwater recharge,
stormwater runoff quantity, and stormwater runoff quality requirements
established by this section may be granted, at the discretion of the
Beachwood Borough, and subject to approval by the Pinelands Commission,
provided that all of the following conditions are met:
(a)
The exception is consistent with that allowed by Beachwood Borough;
(b)
Beachwood Borough has an adopted and effective municipal stormwater
management plan in accordance with N.J.A.C. 7:8-4.4, which includes
a mitigation plan in accordance with N.J.A.C. 7:8-4.2(c)11, and is
also certified by the Pinelands Commission. The mitigation plan shall
identify what measures are necessary to offset the deficit created
by granting the exception and the municipality shall submit a written
report to the County review agency and the NJDEP describing the exception
and the required mitigation. Guidance for developing municipal stormwater
management plans, including mitigation plans, is available from the
NJDEP, Division of Watershed Management and the New Jersey BMP Manual.
(c)
The applicant demonstrates that mitigation, in addition to the
requirements of mitigation plan discussed in paragraph (b) above,
will be provided consistent with one (1) of the following options:
(1)
Mitigation may be provided off-site, but within the Pinelands
Area and within the same drainage area as the development site, and
shall meet or exceed the equivalent recharge, quality or quantity
performance standard which is lacking on the development site due
to the exception; or
(2)
In lieu of the required mitigation, a monetary "in lieu contribution"
may be provided by the applicant to Beachwood Borough in accordance
with the following:
[a] The amount of the in lieu contribution shall be
determined by Beachwood Borough, but the maximum in lieu contribution
required shall be equivalent to the cost of implementing and maintaining
the stormwater management measure(s) for which the exception is granted;
[b] The in lieu contribution shall be used to fund an off-site stormwater control mitigation project(s) located within the Pinelands Area, within the same drainage area as the development site, and shall meet or exceed the equivalent recharge, quality or quantity performance standards which is lacking on the development site. Such mitigation project shall be identified by Beachwood Borough in Beachwood Borough's adopted municipal stormwater management plan. The stormwater control project to which the monetary contribution will be applied shall be identified by Beachwood at the time the exception is granted. The applicant shall amend the project description and site plan required in subsection
17-33.2c,3 to incorporate a description of both the standards for which an on-site exception is being granted and of the selected off-site mitigation project.
[c] Beachwood Borough shall expend the in lieu contribution
to implement the selected off-site mitigation project within five
(5) years from the date that payment is received. Should Beachwood
Borough fail to expend the in lieu contribution within the required
time frame, the mitigation option provided in this subsection shall
be void and Beachwood Borough shall be prohibited from collecting
in lieu contributions.
2. An exception from strict compliance granted in accordance with paragraph
h,1 above shall not constitute a waiver of strict compliance from
the requirements of the Pinelands Comprehensive Management Plan at
N.J.A.C. 7:50. An applicant should contact the Pinelands Commission
to determine whether a waiver of strict compliance is also required
in accordance with N.J.A.C. 7:50, Subchapter 4, Part V.
[Ord. #2006-08, § V; Ord. #2006-24, § 7]
a. General design and construction standards.
1. Structural stormwater management measures shall be designed to meet
the standards established in this section. These standards have been
developed to protect public safety, conserve natural features, create
an aesthetically pleasing site and promote proper on-site stormwater
management.
2. The following structural stormwater management measures may be utilized
as part of a stormwater management system at a major land development
in the Pinelands, provided that the applicant demonstrates that they
are designed, constructed and maintained so as to meet the standards
and requirements established by this section. If alternative stormwater
management measures are proposed, the applicant shall demonstrate
that the selected measures will achieve the standards established
by this section.
(b)
Constructed stormwater wetlands;
(c)
Extended detention basins;
(f)
Infiltration basins and trenches;
(g)
Wet ponds with suitable liners;
(h)
Pervious paving systems; and
(i)
Manufactured treatment devices, provided their pollutant removal
rates are verified by the New Jersey Corporation for Advanced Technology
and certified by the NJDEP.
3. Structural stormwater management measures shall be designed to take
into account the existing site conditions, including environmentally
critical areas, wetlands, flood-prone areas, slopes, depth to seasonal
high water table, soil type, permeability and texture, and drainage
area and drainage patterns.
4. Structural stormwater management measures shall be designed and constructed
to be strong, durable, and corrosion resistant (measures that are
consistent with the relevant portions of the Residential Site Improvement
Standards at N.J.A.C. 5:21-7.3, 7.4 and 7.8 shall be deemed to meet
this requirement); to minimize and facilitate maintenance and repairs;
and to ensure proper functioning.
5. For all stormwater management measures at a development site, each applicant shall submit a detailed Inspection, Maintenance and Repair Plan consistent with the requirements of subsection
17-33.5 of this section.
6. To the maximum extent practicable, the design engineer shall design
structural stormwater management measures on the development site
in a manner that:
(a)
Limits site disturbance, maximizes stormwater management efficiencies,
and maintains or improves aesthetic conditions;
(b)
Utilizes multiple stormwater management measures, smaller in
size and distributed spatially throughout the land development site,
instead of a single larger structural stormwater management measure;
(c)
Incorporates pretreatment measures. Pretreatment can extend
the functional life and increase the pollutant removal capability
of a structural stormwater management measure. Pretreatment measures
may be designed in accordance with the New Jersey BMP Manual or other
sources approved by the Municipal Engineer.
7. Stormwater management basins shall be designed in a manner that complements
and mimics the existing natural landscape, including but not limited
to the following design strategies:
(a)
Use of natural, non-wetland wooded depressions for stormwater
runoff storage; and
(b)
Establishment of attractive landscaping in and around the basin
that mimics the existing vegetation and incorporates native Pinelands
plants, including, but not limited to, the species listed in N.J.A.C.
7:50-6.25 and 6.26.
8. Stormwater management basins shall be designed with gently sloping
sides. The maximum allowable basin side slope shall be three (3) horizontal
to one (1) vertical (3:1).
9. Guidance on the design and construction of structural stormwater
management measures may be found in the New Jersey BMP Manual. Other
guidance sources may also be used upon approval by the Municipal Engineer.
10. After all construction activities and required field testing have
been completed on the development site, as-built plans depicting design
and as-built elevations of all stormwater management measures shall
be prepared by a licensed land surveyor and submitted to the Municipal
Engineer. Based upon the Municipal Engineer's review of the as-built
plans, all corrections or remedial actions deemed by the Municipal
Engineer to be necessary due to the failure to comply with the standards
established by this section and/or any reasons of public health or
safety, shall be completed by the applicant. In lieu of review by
the Municipal Engineer, Beachwood Borough reserves the right to engage
a Professional Engineer to review the as-built plans. The applicant
shall pay all costs associated with such review.
b. Design and construction standards for stormwater infiltration BMP's.
1. Stormwater infiltration BMP's, such as bioretention systems with
infiltration, dry wells, infiltration basins, pervious paving systems
with storage beds, and sand filters with infiltration, shall be designed,
constructed and maintained to completely drain the total runoff volume
generated by the basin's maximum design storm within seventy-two (72)
hours after a storm event. Runoff storage for greater times can render
the BMP ineffective and may result in anaerobic conditions, odor and
both water quality and mosquito breeding problems.
2. Stormwater infiltration BMPs shall be designed, constructed and maintained
to provide a minimum separation of at least two (2') feet between
the elevation of the lowest point of the bottom of the infiltration
BMP and the seasonal high water table.
3. A stormwater infiltration BMP shall be sited in suitable soils verified
by field testing to have permeability rates between one (1") and twenty
(20") inches per hour. If such site soils do not exist or if the design
engineer demonstrates that it is not practical for engineering, environmental
or safety reasons to site the stormwater infiltration BMP(s) in such
soils, then the stormwater infiltration BMP(s) may be sited in soils
verified by field testing to have permeability rates in excess of
twenty (20") inches per hour, provided that a bioretention system,
designed, installed and maintained in accordance with the New Jersey
BMP Manual, is installed to meet one (1) of the following conditions:
(a)
The bioretention system is constructed as a separate measure
designed to provide pretreatment of stormwater and to convey the pretreated
stormwater into the infiltration BMP; or
(b)
The bioretention system is integrated into and made part of
the infiltration BMP and, as such, does not require an underdrain
system. If this option is selected, the infiltration BMP shall be
designed and constructed so that the maximum water depth in the bioretention
system portion of the BMP during treatment of the stormwater quality
design storm is twelve (12") inches in accordance with the New Jersey
BMP Manual.
4. The minimum design permeability rate for the soil within a BMP that
relies on infiltration shall be one-half (0.5") inch per hour. A factor
of safety of two (2) shall be applied to the soil's field-tested permeability
rate to determine the soil's design permeability rate. For example,
if the field-tested permeability rate of the soil is four (4") inches
per hour, its design permeability rate would be two (2") inches per
hour. The minimum design permeability rate for the soil within a stormwater
infiltration basin shall also be sufficient to achieve the minimum
seventy-two (72) hour drain time described in paragraph 1 above. The
maximum design permeability shall be ten (10") inches per hour.
5. A soil's field tested permeability rate shall be determined in accordance
with the following:
(a)
The predevelopment field test permeability rate shall be determined according to the methodologies provided in subsection
17-33.11c,3 of this section;
(b)
The results of the required field permeability tests shall demonstrate
a minimum tested infiltration rate of one (1") inch per hour;
(c)
After all construction activities have been completed on the site and the finished grade has been established in the infiltration BMP, post-development field permeability tests shall also be conducted according to the methodologies provided in subsection
17-33.11c,3 of this section;
(d)
If the results of the post-development field permeability tests
fail to achieve the minimum required design permeability rates in
paragraph 5 above utilizing a factor of safety of two (2), the stormwater
infiltration BMP shall be renovated and retested until such minimum
required design permeability rates are achieved; and
(e)
The results of all field permeability tests shall be certified
by a Professional Engineer and transmitted to the Municipal Engineer.
6. To help ensure maintenance of the design permeability rate over time,
a six (6") inch layer of K5 soil shall be placed on the bottom of
a stormwater infiltration BMP. This soil layer shall meet the textural
and permeability specifications of K5 soil as provided at N.J.A.C.
7:9A, Appendix A, Figure 6, and be certified to meet these specifications
by a professional engineer licensed in the State of New Jersey. The
depth to the seasonal high water table shall be measured from the
bottom of the K5 sand layer.
7. The design engineer shall assess the hydraulic impact on the groundwater
table and design the project site and all stormwater infiltration
basins so as to avoid adverse hydraulic impacts. Adverse hydraulic
impacts include, but are not limited to: raising the groundwater table
so as to cause surface ponding; flooding of basements and other subsurface
structures and areas; preventing a stormwater infiltration basin from
completely draining via infiltration within seventy-two (72) hours
of a design storm event; and interference with the proper operation
of subsurface sewage disposal systems and other surface and subsurface
structures in the vicinity of the stormwater infiltration basin.
8. The design engineer shall conduct a mounding analysis, as defined in subsection
17-33.7, of all stormwater infiltration BMPs. The mounding analysis shall be conducted in accordance with the requirements in subsection
17-33.11c,1. Where the mounding analysis identifies adverse impacts, the stormwater infiltration BMP shall be redesigned or relocated, as appropriate.
9. Stormwater infiltration BMPs shall be constructed in accordance with
the following:
(a)
To avoid sedimentation that may result in clogging and reduce
the basin's permeability rate, stormwater infiltration basins shall
be constructed according to the following:
(1)
Unless the conditions in paragraph (2) below are met, a stormwater
infiltration basin shall not be placed into operation until its drainage
area is completely stabilized. Instead, upstream runoff shall be diverted
around the basin and into separate, temporary stormwater management
facilities and sediment basins. Such temporary facilities and basins
shall be installed and utilized for stormwater management and sediment
control until stabilization is achieved in accordance with the Standards
for Soil Erosion and Sediment Control in New Jersey, which is incorporated
herein by reference as amended and supplemented.
(2)
If the design engineer determines that, for engineering, environmental or safety reasons, temporary stormwater management facilities and sediment basins cannot be constructed on the site, the stormwater infiltration basin may be placed into operation prior to the complete stabilization of its drainage area provided that the basin's bottom during this period is constructed at a depth at least two (2') feet higher than its final design elevation. All other infiltration BMP construction requirements in this section shall be followed. When the drainage is completely stabilized, all accumulated sediment shall be removed from the infiltration BMP, which shall then be excavated to its final design elevation in accordance with the construction requirements of this subsection and the performance standards in subsection
17-33.4.
(b)
To avoid compaction of subgrade soils of BMP's that rely on
infiltration, no heavy equipment such as backhoes, dump trucks or
bulldozers shall be permitted to operate within the footprint of the
BMP. All excavation required to construct a stormwater infiltration
BMP shall be performed by equipment placed outside the BMP. If this
is not possible, the soils within the excavated area shall be renovated
and tilled after construction is completed to reverse the effects
of compaction. In addition, post-development soil permeability testing
shall be performed in accordance with paragraph b,5 of this subsection.
(c)
Earthwork associated with stormwater infiltration BMP construction,
including excavation, grading, cutting or filling, shall not be performed
when soil moisture content is above the lower plastic limit.
c. Safety standards for structural stormwater management measures.
1. If a structural stormwater management measure has an outlet structure,
escape provisions shall be incorporated in or on the structure. Escape
provisions means the permanent installation of ladders, steps, rungs,
or other features that provide readily accessible means of ingress
and egress from the outlet structure.
2. A trash rack is a device intended to intercept runoff-borne trash
and debris that might otherwise block the hydraulic openings in an
outlet structure of a structural stormwater management measure. Trash
racks shall be installed upstream of such outlet structure openings
as necessary to ensure proper functioning of the structural stormwater
management measure in accordance with the following:
(a)
The trash rack should be constructed primarily of bars aligned
in the direction of flow with one (1") inch spacing between the bars
to the elevation of the water quality design storm. For elevations
higher than the water quality design storm, the bars shall be spaced
no greater than one-third (1/3) the width of the hydraulic opening
it is protecting or six (6") inches, whichever is less. Transverse
bars aligned perpendicular to flow should be sized and spaced as necessary
for rack stability and strength.
(b)
The trash rack shall not adversely affect the hydraulic performance
of either the outlet structure opening it is protecting or the overall
outlet structure.
(c)
The trash rack shall have sufficient net open area under clean
conditions to limit the peak design storm velocity through it to a
maximum of two and one-half (2.5') feet per second.
(d)
The trash rack shall be constructed and installed to be rigid,
durable, and corrosion resistant, and shall be designed to withstand
a perpendicular live loading of three hundred (300) pounds per square
foot.
3. An overflow grate is a device intended to protect the opening in
the top of a stormwater management measure outlet structure. If an
outlet structure has an overflow grate, such grate shall meet the
following requirements:
(a)
The overflow grate shall be secured to the outlet structure
but removable for emergencies and maintenance;
(b)
The overflow grate spacing shall be no more than two (2") inches
across the smallest dimension; and
(c)
The overflow grate shall be constructed and installed to be
rigid, durable, and corrosion resistant, and shall be designed to
withstand a perpendicular live loading of three hundred (300) pounds
per square foot.
4. The maximum side slope for an earthen dam, embankment, or berm shall
not be steeper than three (3) horizontal to one (1) vertical (3:1).
5. Safety ledges shall be constructed on the slopes of all structural
stormwater management measures having a permanent pool of water deeper
than two and one-half (2 1/2') feet. Such safety ledges shall
be comprised of two (2) steps. Each step shall be four (4') to six
(6') feet in width. One (1) step shall be located approximately two
and one-half (2 1/2') feet below the permanent water surface,
and the second step shall be located one (1') to one and one-half
(1 1/2') feet above the permanent water surface. See paragraph
(a) below, for an illustration of safety ledges in a stormwater management
basin.
(a)
Illustration of safety ledges.
[Ord. #2006-08, § VI; Ord. #2006-24, §§ 8,9]
a. Applicability. Projects subject to review pursuant to subsection
17-33.1c of this section shall comply with the requirements of subsections
17-33.6b and
c below.
b. General Inspection, Maintenance and Repair Plan.
1. The design engineer shall prepare an Inspection, Maintenance and Repair Plan for the stormwater management measures, including both structural and nonstructural measures incorporated into the design of a major development. This plan shall be submitted as part of the Checklist Requirements established in subsection
17-33.2c. Inspection and maintenance guidelines for stormwater management measures are available in the New Jersey BMP Manual.
2. This Inspection, Maintenance and Repair Plan shall contain the following:
(a)
Accurate and comprehensive drawings of the site's stormwater
management measures;
(b)
Specific locations of each stormwater management measure identified
by means of longitude and latitude as well as block and lot number;
(c)
Specific preventative and corrective maintenance tasks and schedules
for such tasks for each stormwater BMP;
(d)
Cost estimates, including estimated cost of sediment, debris
or trash removal; and
(e)
The name, address and telephone number of the person or persons
responsible for regular inspections and preventative and corrective
maintenance (including repair and replacement). If the responsible
person or persons is a corporation, company, partnership, firm, association,
municipality or political subdivision of this State, the name and
telephone number of an appropriate contact person shall also be included.
3. The person responsible for inspection, maintenance and repair identified under subsection
17-33.6b,2 above shall maintain a detailed log of all preventative and corrective maintenance performed for the site's stormwater management measures, including a record of all inspections and copies of all maintenance-related work orders in the Inspection, Maintenance and Repair Plan. Said records and inspection reports shall be retained for a minimum of five (5) years.
4. If the Inspection, Maintenance and Repair Plan identifies a person
other than the developer (for example, a public agency or homeowners'
association) as having the responsibility for inspection and maintenance,
the plan shall include documentation of such person's agreement to
assume this responsibility, or of the developer's obligation to dedicate
a stormwater management measure to such person under an applicable
ordinance or regulation.
5. If the person responsible for inspection, maintenance and repair identified under subsection
17-33.6b,3 above is not a public agency, the Maintenance Plan and any future revisions based on subsection
17-33.6b,6 below shall be recorded upon the deed of record for each property on which the maintenance described in the maintenance plan shall be undertaken.
6. The person responsible for inspection, maintenance and repair identified under subsection
17-33.6b,2 above shall evaluate the effectiveness of the Inspection, Maintenance and Repair Plan at least once per year and update the plan and the deed as needed.
7. The person responsible for inspection, maintenance and repair identified under subsection
17-33.6b,2 above shall submit the updated Inspection, Maintenance and Repair Plan and the documentation required by subsection
17-33.6b,2 and 3 above to Beachwood Borough once per year.
8. The person responsible for inspection, maintenance and repair identified under subsection
17-33.6b,2 above shall retain and make available, upon request by any public entity with administrative, health, environmental or safety authority over the site the Inspection, Maintenance and Repair Plan and the documentation required by subsection
17-33.6b,2 and 3 above.
c. Responsibility for inspection, repair and maintenance shall not be
assigned or transferred to the owner or tenant of an individual property
in a residential development or project, unless such owner or tenant
owns or leases the entire residential development or project.
d. Preventative and corrective maintenance shall be performed to maintain
the function of the stormwater management measure, including, but
not limited to: repairs or replacement to any associated appurtenance
of the measure; removal of sediment, debris, or trash; restoration
of eroded areas; snow and ice removal; fence repair or replacement;
restoration of vegetation; repair or replacement of linings; and restoration
of infiltration function.
e. Stormwater management measure easements shall be provided by the
property owner as necessary for facility inspections and maintenance
and preservation of stormwater runoff conveyance, infiltration, and
detention areas and facilities. The purpose of the easement shall
be specified in the maintenance agreement.
f. In the event that the stormwater management measure becomes a public
health nuisance or danger to public safety or public health, or if
it is in need of maintenance or repair, Beachwood Borough shall so
notify the responsible person in writing. Upon receipt of that notice,
the responsible person shall have fourteen (14) days to effect maintenance
and repair of the facility in a manner that is approved by the Municipal
Engineer or the Municipal Engineer's designee. Beachwood Borough,
at its discretion, may extend the time allowed for effecting maintenance
and repair for good cause. If the responsible person fails or refuses
to perform such maintenance and repair within the allowable time,
Beachwood Borough may immediately proceed to do so with its own forces
and equipment and/or through contractors. The cost and expenses of
such maintenance and repair by Beachwood Borough shall be entered
on the tax roll as a special charge against the property and collected
with any other taxes levied thereon for the year in which the maintenance
and repair was performed.
g. Requirements for inspection, maintenance and repair of stormwater
BMP's that rely on infiltration. If a stormwater infiltration BMP
is incorporated into the design of a major development, the applicant
shall include the following requirements in its Inspection, Maintenance
and Repair Plan:
1. Once per month (if needed): Mow side slopes, remove litter and debris,
stabilize eroded banks, repair erosion at inflow structure(s);
2. After every storm exceeding one (1") inch of rainfall: Ensure that
infiltration BMPs drain completely within seventy-two (72) hours after
the storm event. If stored water fails to infiltrate seventy-two (72)
hours after the end of the storm, corrective measures shall be taken.
Raking or tilling by light equipment can assist in maintaining infiltration
capacity and break up clogged surfaces;
3. Four (4) times per year (quarterly): Inspect stormwater infiltration
BMPs for clogging and excessive debris and sediment accumulation within
the BMP, remove sediment (if needed) when completely dry;
4. Two (2) times per year: Inspection for signs of damage to structures,
repair eroded areas, check for signs of petroleum contamination and
remediate;
5. Once per year: Inspect BMPs for unwanted tree growth and remove if
necessary, disc or otherwise aerate bottom of infiltration basin to
a minimum depth of six (6") inches; and
6. After every storm exceeding one (1") inch of rainfall, inspect and,
if necessary, remove and replace K5 sand layer and accumulated sediment,
to restore original infiltration rate.
7. Additional guidance for the inspection, maintenance and repair of
stormwater infiltration BMPs can be found in the New Jersey BMP Manual.
h. Financing of inspection, maintenance and repair of stormwater BMPs.
An adequate means of ensuring permanent financing of the inspection,
maintenance and repair of stormwater BMPs shall be implemented and
detailed in the Inspection, Maintenance and Repair Plan. Permanent
financing of the inspection, maintenance and repair of stormwater
BMPs shall be accomplished by:
1. The assumption of the inspection and maintenance program by a municipality,
County, public utility or homeowners' association.
2. The required payment of fees to a municipal stormwater fund in an
amount equivalent to the cost of both ongoing maintenance activities
and necessary structural replacements. The fee schedule is attached.
3. Other suitable method approved by the municipality.
[Ord. #2006-08, § VII]
Unless specifically defined below, words or phrases used in
this section shall be interpreted so as to give them the meaning they
have in common usage and to give this section its most reasonable
application. When used in this section, the following terms shall
have the meanings herein ascribed to them.
AQUACULTURE
Shall mean the propagation, rearing and subsequent harvesting
of aquatic organisms in controlled or selected environments, and their
subsequent processing, packaging and marketing, including but not
limited to, activities to intervene in the rearing process to increase
production such as stocking, feeding, transplanting and providing
for protection from predators.
BEACHWOOD BOROUGH
Shall mean the Planning Board, Zoning Board of Adjustment
or other board, agency or official of Beachwood Borough with authority
to approve or disapprove subdivisions, site plans, construction permits,
building permits or other applications for development approval. For
the purposes of reviewing development applications and ensuring compliance
with the requirements of this section, Beachwood Borough may designate
the Municipal Engineer or other qualified designee to act on behalf
of Beachwood Borough.
CERTIFICATION
Shall mean either a written statement signed and sealed by
a licensed New Jersey professional engineer attesting that a BMP design
or stormwater management system conforms to or meets a particular
set of standards or to action taken by the Commission pursuant to
N.J.A.C. 7:50-3, Part II or Part IV. Depending upon the context in
which the term is used, the terms "certify" and "certified" shall
be construed accordingly.
COMPACTION
Shall mean the increase in soil bulk density caused by subjecting
soil to greater-than-normal loading. Compaction can also decrease
soil infiltration and permeability rates.
CONSTRUCTION
Shall mean the construction, erection, reconstruction, alteration,
conversion, demolition, removal or equipping of buildings, structures
or components of a stormwater management system including but not
limited to collection inlets, stormwater piping, swales and all other
conveyance systems, and stormwater BMPs.
COUNTY REVIEW AGENCY
Shall mean an agency designated by the County Board of Chosen
Freeholders to review municipal stormwater management plans and implementing
ordinance(s). The County review agency may either be:
A County planning agency; or
A County water resource association created under N.J.S.A.
58:16A-55.5, if the ordinance or resolution delegates authority to
approve, conditionally approve, or disapprove municipal stormwater
management plans and implementing ordinances.
DESIGN ENGINEER
Shall mean a person professionally qualified and duly licensed
in New Jersey to perform engineering services that may include, but
not necessarily be limited to, development of project requirements,
creation and development of project design and preparation of drawings
and specifications.
DESIGN PERMEABILITY
Shall mean the tested permeability rate with a factor of
safety of two (2) applied to it (e.g., if the tested permeability
rate of the soils is four (4") inches per hour, the design rate would
be two (2") inches per hour).
DEVELOPMENT
Shall mean the change of or enlargement of any use or disturbance
of any land, the performance of any building or mining operation,
the division of land into two (2) or more parcels, and the creation
or termination of rights of access or riparian rights including, but
not limited to:
a.
A change in type of use of a structure or land;
b.
A reconstruction, alteration of the size, or material change
in the external appearance of a structure or land;
c.
A material increase in the intensity of use of land, such as
increase in the number of businesses, manufacturing establishments,
offices or dwelling units in a structure or on land;
d.
Commencement of resource extraction or drilling or excavation
on a parcel of land;
e.
Demolition of a structure or removal of trees;
f.
Commencement of forestry activities;
g.
Deposit of refuse, solid or liquid waste or fill on a parcel
of land;
h.
In connection with the use of land, the making of any material
change in noise levels, thermal conditions, or emissions of waste
material; and
i.
Alteration, either physically or chemically, of a shore, bank,
or floodplain, seacoast, river, stream, lake, pond, wetlands or artificial
body of water.
In case of development on agricultural land, i.e. lands used
for an agricultural use or purpose as defined at N.J.A.C. 7:50-2.11,
development means: any activity that requires a State permit; any
activity reviewed by the County Agricultural Boards (CAB) and the
State Agricultural Development Committee (SADC), and municipal review
of any activity not exempted by the Right to Farm Act, N.J.S.A. 4:1C-1
et seq.
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DEVELOPMENT, MAJOR
Shall mean any division of land into five (5) or more lots;
any construction or expansion of any housing development of five (5)
or more dwelling units; any construction or expansion of any commercial
or industrial use or structure on a site of more than three (3) acres;
or any "development," grading, clearing or disturbance of an area
in excess of five thousand (5,000) square feet. Disturbance for the
purpose of this section is the placement of impervious surface or
exposure and/or movement of soil or bedrock or clearing, cutting or
removing of vegetation.
DRAINAGE AREA
Shall mean a geographic area within which stormwater, sediments,
or dissolved materials drain to a BMP, a stormwater management system,
a particular receiving waterbody or a particular point along a receiving
waterbody.
ENVIRONMENTALLY CRITICAL AREA
Shall mean an area or feature which is of significant environmental
value, including but not limited to: stream corridors; natural heritage
priority sites; habitat of endangered or threatened animal species;
threatened or endangered plants of the Pinelands pursuant to N.J.A.C.
7:5-6.27(a); large areas of contiguous open space or upland forest;
steep slopes; and well head protection and groundwater recharge areas.
T & E habitat constitutes habitat that is critical for the survival
of a local population of threatened and endangered species or habitat
that is identified using the Department's Landscape Project as approved
by the Department's Endangered and Nongame Species Program, whichever
is more inclusive. Threatened and endangered wildlife shall be protected
in conformance with N.J.A.C. 7:50-6.33.
EXCEPTION
Shall mean the approval by the approving authority of a variance
or other material departure from strict compliance with any section,
part, phrase or provision of this section. An exception may be granted
only under certain specific, narrowly-defined conditions described
herein and does not constitute a waiver of strict compliance with
any section, part, phrase or provision of the Pinelands Comprehensive
Management Plan (N.J.A.C. 7:50-1.1 et seq.).
EXTENDED DETENTION BASIN
Shall mean a facility constructed through filling and/or
excavation that provides temporary storage of stormwater runoff. It
has an outlet structure that detains and attenuates runoff inflows
and promotes the settlement of pollutants. An extended detention basin
is normally designed as a multi-stage facility that provides runoff
storage and attenuation for both stormwater quality and quantity management.
The term "stormwater detention basin" shall have the same meaning
as "extended detention basin."
FINISHED GRADE
Shall mean the elevation of the surface of the ground after
completion of final grading, either via cutting, filling or a combination
thereof.
GRADING
Shall mean modification of a land slope by cutting and filling
with the native soil or redistribution of the native soil which is
present at the site.
GROUNDWATER
Shall mean water below the land surface in a zone of saturation.
GROUNDWATER MOUNDING ANALYSIS
Shall mean a test performed to demonstrate that the groundwater
below a stormwater infiltration basin will not "mound up," encroach
on the unsaturated zone, break the surface of the ground at the infiltration
area or downslope, and create an overland flow situation.
HEAVY EQUIPMENT
Shall mean equipment, machinery, or vehicles that exert ground
pressure in excess of eight (8) pounds per square inch.
HIGH POLLUTANT LOADING AREA
Shall mean an area in an industrial or commercial development
site: where solvents and/or petroleum products are loaded/unloaded,
stored, or applied; where pesticides are loaded/unloaded or stored;
where hazardous materials are expected to be present in greater than
"reportable quantities" as defined by the United States Environmental
Protection Agency (EPA) at 40 CFR 302.4; where recharge would be inconsistent
with NJDEP-approved remedial action work plan or landfill closure
plan; and/or where a high risk exists for spills of toxic materials,
such as gas stations and vehicle maintenance facilities. The term
"HPLA" shall have the same meanings as "High pollutant loading area."
IMPERVIOUS SURFACE
Shall mean a surface that has been covered with a layer of
material so that it is highly resistant to infiltration by water.
INFILTRATION
Shall mean the process by which precipitation enters the
soil through its surface.
IN LIEU CONTRIBUTION
Shall mean a monetary fee collected by Beachwood Borough
in lieu of requiring strict on-site compliance with the groundwater
recharge, stormwater runoff quantity and/or stormwater runoff quality
standards established in this section.
INSTALL
Shall mean to assemble, construct, put in place or connect
components of a stormwater management system.
MITIGATION
Shall mean acts necessary to prevent, limit, remedy or compensate
for conditions that may result from those cases where an applicant
has demonstrated the inability or impracticality of strict compliance
with the stormwater management requirements set forth in N.J.A.C.
7:8, in an adopted regional stormwater management plan, or in a local
ordinance which is as protective as N.J.A.C. 7:8, and an exception
from strict compliance is granted by Beachwood Borough and the Pinelands
Commission.
NEW JERSEY STORMWATER BEST MANAGEMENT PRACTICES MANUAL
Shall mean guidance developed by the New Jersey Department
of Environmental Protection, in coordination with the New Jersey Department
of Agriculture, the New Jersey Department of Community Affairs, the
New Jersey Department of Transportation, municipal engineers, County
Engineers, consulting firms, contractors, and environmental organizations
to address the standards in the New Jersey Stormwater Management Rules,
N.J.A.C. 7:8. The BMP manual provides examples of ways to meet the
standards contained in the rule. An applicant may demonstrate that
other proposed management practices will also achieve the standards
established in the rules. The manual, and notices regarding future
versions of the manual, are available from the Division of Watershed
Management, NJDEP, PO Box 418, Trenton, New Jersey 08625; and on the
NJDEP's website, www.njstormwater.org. The term "New Jersey BMP Manual"
shall have the same meaning as "New Jersey Stormwater Best Management
Practices Manual."
NJDEP
Shall mean the New Jersey Department of Environmental Protection.
NJPDES
Shall mean the New Jersey Pollutant Discharge Elimination
System as set forth in N.J.S.A. 58:10A-1 et seq. and in N.J.A.C. 7:14A.
NJPDES PERMIT
Shall mean a permit issued by the NJDEP pursuant to the authority
of the Water Pollution Control Act, N.J.S.A. 58:10A-1 et seq., and
N.J.A.C. 7:14A for a discharge of pollutants.
NONPOINT SOURCE
Shall mean:
a.
Any human-made or human-induced activity, factor, or condition,
other than a point source, from which pollutants are or may be discharged;
b.
Any human-made or human-induced activity, factor, or condition,
other than a point source, that may temporarily or permanently change
any chemical, physical, biological, or radiological characteristic
of waters of the State from what was or is the natural, pristine condition
of such waters, or that may increase the degree of such change; or
c.
Any activity, factor, or condition, other than a point source,
that contributes or may contribute to water pollution.
The term "NPS" shall have the same meaning as "nonpoint source."
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NONSTRUCTURAL BMP
Shall mean a stormwater management measure, strategy or combination
of strategies that reduces adverse stormwater runoff impacts through
sound site planning and design. Nonstructural BMPs include such practices
as minimizing site disturbance, preserving important site features,
reducing and disconnecting impervious cover, flattening slopes, utilizing
native vegetation, minimizing turf grass lawns, maintaining natural
drainage features and characteristics and controlling stormwater runoff
and pollutants closer to the source. The term "Low Impact Development
technique" shall have the same meaning as "nonstructural BMP."
NUTRIENT
Shall mean a chemical element or compound, such as nitrogen
or phosphorus, which is essential to and promotes the development
of organisms.
PERMEABILITY
Shall mean the rate at which water moves through a saturated
unit area of soil or rock material at hydraulic gradient of one (1)
determined as prescribed in N.J.A.C. 7:9A-6.2 (Tube Permeameter Test),
N.J.A.C. 6.5 (Pit Bailing Test) or N.J.A.C. 6.6 (Piezometer Test).
Alternative permeability test procedures may be accepted by the approving
authority provided the test procedure attains saturation of surrounding
soils, accounts for hydraulic head effects on infiltration rates,
provides a permeability rate with units expressed in inches per hour
and is accompanied by a published source reference. Examples of suitable
sources include hydrogeology, geotechnical, or engineering text and
design manuals, proceedings of American Society for Testing and Materials
(ASTM) symposia, or peer-review journals. Neither a Soil Permeability
Class Rating Test, as described in N.J.A.C. 7:9A-6.3, nor a Percolation
Test, as described in N.J.A.C. 7:9A-6.4, are acceptable tests for
establishing permeability values for the purpose of complying with
this section.
PERMEABLE
Shall mean having a permeability of one (1") inch per hour
or faster. The terms "permeable soil," "permeable rock" and "permeable
fill" shall be construed accordingly.
PERSON
Shall mean any individual, corporation, company, partnership,
firm, association, municipality or political subdivision of this State
subject to municipal jurisdiction pursuant to the Municipal Land Use
Law, N.J.S.A. 40:55D-1 et seq.
PINELANDS CMP
Shall mean the New Jersey Pinelands Comprehensive Management
Plan (N.J.A.C. 7:50-1.1 et seq.)
POINT SOURCE
Shall mean any discernible, confined, and discrete conveyance,
including, but not limited to, any pipe, ditch, channel, tunnel, conduit,
well, discrete fissure, container, rolling stock, concentrated animal
feeding operation, landfill leachate collection system, vessel, or
other floating craft, from which pollutants are or may be discharged.
The term does not include return flows from irrigated agriculture.
POLLUTANT
Shall mean any dredged spoil, solid waste, incinerator residue,
filter backwash, sewage, garbage, refuse, oil, grease, sewage sludge,
munitions, chemical wastes, biological materials, medical wastes,
radioactive substances (except those regulated under the Atomic Energy
Act of 1954, as amended (42 U.S.C. 2011 et seq.)), thermal waste,
wrecked or discarded equipment, rock, sand, suspended solids, cellar
dirt, industrial, municipal, agricultural, and construction waste
or runoff, or other residue discharged directly or indirectly to the
land, groundwaters or surface waters of the State, or to a domestic
treatment works. "Pollutant" includes both hazardous and nonhazardous
pollutants.
PROFESSIONAL ENGINEER
Shall mean a person licensed to practice professional engineering
in the State of New Jersey pursuant to N.J.S.A. 48:8-27 et seq.
RECHARGE
Shall mean the amount of water from precipitation that infiltrates
into the ground and is not evapotranspired.
REPLICATE
Shall mean one (1) of two (2) or more soil samples or tests
taken at the same location (within five (5') feet of each other) and
depth, within the same soil horizon or substratum. In the case of
fill material, replicate tests are tests performed on sub-samples
of the same bulk sample packed to the same bulk density.
SAND
Shall mean a particle size category consisting of mineral particles which are between 0.05 and two (2.0) millimeters in equivalent spherical diameter. Also, a soil textural class having eighty-five (85%) percent or more of sand and a content of silt and clay such that the percentage of silt plus one and one-half (1.5) times the percentage of clay does not exceed fifteen (15), as shown in subsection
17-33.11c,1 (USDA Soil Textural Triangle).
SEASONALLY HIGH WATER TABLE
Shall mean the upper limit of the shallowest zone of saturation
which occurs in the soil, identified as prescribed in N.J.A.C. 7:9A-5.8.
SEDIMENT
Shall mean solid material, mineral or organic, that is in
suspension, is being transported, or has been moved from its site
of origin by air, water or gravity as a product of erosion.
SITE
Shall mean the lot or lots upon which a major development
is to occur or has occurred.
SOIL
Shall mean all unconsolidated mineral and organic material
of any origin which is not a rock substratum, including sediments
below the biologically active and/or weathered zones.
SOURCE MATERIAL
Shall mean any material(s) or machinery, located at an industrial
facility, that is directly or indirectly related to process, manufacturing
or other industrial activities, which could be a source of pollutants
in any industrial stormwater discharge to groundwater. Source materials
include, but are not limited to, raw materials; intermediate products;
final products; waste materials; by-products; industrial machinery
and fuels, and lubricants, solvents, and detergents that are related
to process, manufacturing, or other industrial activities that are
exposed to stormwater.
STORMWATER
Shall mean water resulting from precipitation (including
rain and snow) that runs off the land's surface, is transmitted to
the subsurface, or is captured by separate storm sewers or other sewage
or drainage facilities, or conveyed by snow removal equipment.
STORMWATER INFILTRATION BMP
Shall mean a basin or other facility constructed within permeable
soils that provides temporary storage of stormwater runoff. An infiltration
BMP does not normally have a structural outlet to discharge runoff
from the stormwater quality design storm. Instead, outflow from an
infiltration BMP is through the surrounding soil. The terms "infiltration
measure" and "infiltration practice" shall have the same meaning as
"stormwater infiltration basin."
STORMWATER MANAGEMENT MEASURE
Shall mean any structural or nonstructural strategy, practice,
technology, process, program, or other method intended to control
or reduce stormwater runoff and associated pollutants, or to induce
or control the infiltration or groundwater recharge of stormwater
or to eliminate illicit or illegal non-stormwater discharges into
stormwater conveyances. This includes, but is not limited to, structural
and nonstructural stormwater Best Management Practices described in
the New Jersey BMP Manual and designed to meet the standards for stormwater
control contained within this section. The terms "stormwater Best
Management Practice" and "stormwater BMP" shall have the same meanings
as "stormwater management measure."
STORMWATER RUNOFF
Shall mean water flow on the surface of the ground or in
storm sewers, resulting from precipitation.
SUITABLE SOIL
Shall mean unsaturated soil, above the seasonally high water
table, which contains less than fifty (50%) percent by volume of coarse
fragments and which has a tested permeability rate of between one
(1") and twenty (20") inches per hour.
SURFACE WATER
Shall mean any waters of the State which are not groundwater.
TIME OF CONCENTRATION
Shall mean the time it takes for runoff to travel from the
hydraulically most distant point of the drainage area to the point
of interest within a watershed.
TOTAL SUSPENDED SOLIDS
Shall mean the insoluble solid matter suspended in water
and stormwater that is separable by laboratory filtration in accordance
with the procedure contained in the "Standard Methods for the Examination
of Water and Wastewater" prepared and published jointly by the American
Public Health Association, American Water Works Association and the
Water Pollution Control Federation. The term "TSS" shall have the
same meaning as "Total Suspended Solids."
TIDAL FLOOD HAZARD AREA
Shall mean a flood hazard area, which may be influenced by
stormwater runoff from inland areas, but which is primarily caused
by the Atlantic Ocean.
WATERS OF THE STATE
Shall mean the ocean and its estuaries, all springs, streams
and bodies of surface and groundwater, whether natural or artificial,
within the boundaries of New Jersey or subject to its jurisdiction.
WATER TABLE
Shall mean the upper surface of a zone of saturation.
WELL
Shall mean a bored, drilled or driven shaft, or a dug hole,
which extends below the seasonally high water table and which has
a depth which is greater than its largest surface dimension.
WETLANDS
Shall mean those lands which are inundated or saturated by
water at a magnitude, duration and frequency sufficient to support
the growth of hydrophytes. Wetlands include lands with poorly drained
or very poorly drained soils as designated by the National Cooperative
Soils Survey of the Soil Conservation Service of the United States
Department of Agriculture. Wetlands include coastal wetlands and inland
wetlands, including submerged lands. The "New Jersey Pinelands Commission
Manual for Identifying and Delineating Pinelands Area Wetlands: A
Pinelands Supplement to the Federal Manual for Identifying and Delineating
Jurisdictional Wetlands," dated January, 1991, as amended, may be
utilized in delineating the extent of wetlands based on the definitions
of wetlands and wetlands soils contained in this section, N.J.A.C.
7:50-2.11, 6.4 and 6.5. The term "wetland" shall have the same meaning
as "wetlands."
WET POND
Shall mean a stormwater facility constructed through filling
and/or excavation that provides both permanent and temporary storage
of stormwater runoff. It has an outlet structure that creates a permanent
pool and detains and attenuates runoff inflows and promotes then settling
of pollutants. A stormwater retention basin can also be designed as
a multi-stage facility that also provides extended detention for enhanced
stormwater quality design storm treatment and runoff storage and attenuation
for stormwater quantity management. The term "stormwater retention
basin" shall have the same meaning as "wet pond."
[Ord. #2006-08, § VIII; Ord. #2007-02, § 1]
Any person who violates any one (1) or more subsections of this
section shall be subject to a fine of not more than one thousand ($1,000.00)
dollars for each separate offense and/or confinement in the Ocean
County Jail for a period of not more than ninety (90) days.
[Ord. #2006-08, § IX; Ord. #2006-24, § 10]
This section shall take effect immediately upon the following:
a. Certification by the Pinelands Commission in accordance with N.J.A.C.
7:50, Subchapter 3; and
b. Approval by the County review agency in accordance with the Code
of the Borough of Beachwood.
[Ord. #2006-08, § X; Ord. #2006-24, § 11]
If the provisions of any subsection, paragraph, subdivision,
or clause of this section shall be judged invalid by a court of competent
jurisdiction, such order of judgment shall not affect or invalidate
the remainder of any subsection, paragraph, subdivision, or clause
of this section. This section further repeals any inconsistent ordinance
or ordinances of part or parts thereof.