No structure shall hereafter be erected, structurally altered
or moved nor shall any lands or the buildings thereon be used for
any purpose except in conformity with all regulations hereinafter
established for the zone in which said land or structure is located.
Nor shall any open space or yard area established for the purpose
of complying with the regulations of this chapter be reduced or encroached
upon in any manner except as shall be specifically permitted in this
chapter.
No building or part thereof shall be erected within or project
into any required yard area except in accordance with the following
provisions:
A. An open and unscreened entrance porch leading to the basement, cellar
or first floor not more than 10 feet in width may project not more
than six feet not including steps into a required front yard area,
provided the floor of said porch is within three feet of the adjoining
ground level.
B. An open and unroofed patio not more than three feet above ground
level may extend into a required side or rear yard to within 10 feet
of a side or rear property line. This restriction shall not apply
to such patios if constructed at ground level.
C. Ordinary projections of cornices, eaves, gutters, sills, chimneys,
and ornamental features may project not more than 24 inches into any
required yard area.
Except as might be hereinafter specifically provided, there
shall not be more than one principal building erected on any lot.
[Amended 9-26-2005 by Ord. No. 2005-24]
No principal building shall be erected upon a lot which does
not provide an entrance to such principal building oriented to and
facing a public street and which does not have frontage upon a public
street improved to meet the requirements of the borough or for which
such improvements have been guaranteed in accordance with requirements
in the land subdivision and site plan regulations of the borough.
Any yard facing upon a public street shall be considered a front
yard and shall conform to the minimum front yard requirements established
for the zone in which the yard is located.
No front yard shall be used for the storage of equipment or
vehicles other than automobiles, recreational vehicles, camping trailers,
and boats, which are in operating condition and which are parked on
an improved driveway.
[Amended 9-13-1992 by Ord. No. 1993-16]
A. On any corner lot, nothing shall be erected, placed, printed or allowed
to grow in such a manner as to obstruct vision between a height of
2 1/2 feet and 10 feet above the center line grades of the intersecting
streets, within the triangular area formed by the two intersecting
street lines bounding the lot, and by a line connecting points on
each street line located 25 feet from the intersection of the street
lines.
B. Removal of trees and shrubs; notice. In case any tree or shrub, or
any part thereof, along the public highway or sidewalk shall become
dangerous to the public safety, the owner of the property in front
of which such tree or shrub shall be located shall remove the same,
or the required part thereof, forthwith upon service of written directive
to that effect from the Borough Council, or from the County of Monmouth
in the case of a county right-of-way or highway. The notice shall
be sufficient if served in the same manner as a summons may be served
in accordance with the New Jersey Rules of Court.
C. Removal by borough or county. If the owner fails to remove the tree
or shrub or portion thereof within two weeks after service of written
notice to do so, the work shall be performed by the borough under
the supervision of the Superintendent of Roads, in the case of a county
road, or under the supervision of the County Road Supervisor, who
shall certify the cost thereof to the Borough Council.
D. County named as officer of Neptune City. In accordance with Title
40:48-2.26 the County of Monmouth is hereby named an officer of the
Borough of Neptune City empowered to carry out this section on all
county roads and at all intersections with county roads.
[Amended 9-26-2005 by Ord. No. 2005-12]
No accessory structure, excluding fences and temporary buildings
necessary for construction purposes, shall be erected prior to the
completion of the principal building. Such temporary construction
buildings may be erected only after the issuance of a building permit
for the principal building and shall be removed within 30 days of
the issuance of a certificate of occupancy, for the principal building;
or in the case of a major subdivision, within 30 days of the issuance
of a certificate of occupancy for the final home in the subdivision
provided same does not violate the requirements of this chapter as
to lots for which a certificate of occupancy has already been issued.
No accessory structure shall be permitted in front yards in
any zones.
[Repealed 4-14-2014 by Ord. No. 2014-5]
Existing natural features such as streams, lakes, ponds, trees
and the natural configuration of the ground shall be retained wherever
possible. If it can be demonstrated to the satisfaction of the reviewing
board that such features will substantially interfere with any reasonable
proposed use of a property, such features may be altered only to the
extent necessary to permit such use.
[Added 11-25-2002 by Ord.
No. 2002-21A]
The following uses or activities are hereby prohibited in any
zone unless specifically permitted by this or any other ordinance
of the Borough of Neptune City:
B. Manufacture of acetylene or ammonia.
C. Manufacture or bulk storage of pyroxylin, plastic, explosives, fireworks
or matches.
E. Manufacture of heavy chemicals.
F. Refining of petroleum or the storage of petroleum products having
a flash point of under 150° Fahrenheit, in excess of 300,000 gallons.
G. The manufacture, batching or mixing of asphalt, asphalt products
or bituminous concrete.
H. Refining or manufacture of animal black, bone black or lamp black.
I. Refining, manufacture or mixing of fertilizer or potash.
J. Incinerators, garbage or refuse disposal dumps or landfills.
K. Manufacture of disinfectants, insecticides or other poisons or toxic
gases.
M. Rendering or refining of grease, fat or tallow.
N. Manufacture of glue, size or gelatins, where the process includes
the refining and recovery of products from fish, animal refuse or
offal.
O. Stock yards or the slaughtering or processing of animals, fish or
poultry or parts thereof.
P. Storage, cleaning, curing or tanning of rawhides or skins or the
pulling of wool.
Q. Coke ovens or manufacture of derivatives of coke.
R. Manufacture or production of metals or alloys in ingot form.
T. Manufacture of rubber or rubber products.
U. Manufacture of plastic or cork or their constituents.
V. Manufacture of paints, oils and varnishes.
W. Manufacture of soaps or detergents.
X. Manufacture or repair of boilers, tank or pipe.
Y. Firearm target ranges, skeet or trap ranges or any places where firearms
are discharged for practice or competitive purposes.
Z. Rooming or boarding houses.
AA. Harboring, maintaining, keeping, controlling or having in possession a wild, dangerous or undomesticated animal and/or certain domesticated animals as defined in Article
III of Chapter
43 of the Code of the Borough of Neptune City.
[Amended 4-27-1998 by Ord. No. 1998-6]
BB. Regional schools of which Neptune City is not a member and schools
of other municipalities.
CC. Any use of land or building or any activity which will adversely
affect or impair the lawful use of and peaceful enjoyment of any other
lands or buildings.
DD. Landing of aircraft or landing areas for aircraft in any zone.
EE. Without limitation, the building, rental, sale or use of any and
all buildings and/or accessory buildings including any residential,
commercial or industrial structure and uses relating directly or indirectly
to the sale and use in any manner whatsoever of paraphernalia associated
with the use of controlled dangerous substances and/or drug related
cultures or activity including without limitation the prohibition
of shops commonly known as "head shops", etc.
FF. [Repealed 6-22-1998 by Ord. No. 1998-17]
GG. Body art establishments, except in the (I) Industrial Zone as defined in Article
IV of the Code of the Borough of Neptune City.
HH. Cannabis.
[Added 5-10-2021 by Ord. No. 2021-04; amended 7-25-2022 by Ord. No. 2022-10]
(1) Class
1 - Licensed Cannabis Cultivator.
(2) Class
2 - Licensed Cannabis Manufacturer.
(3) Class
3 - Licensed Cannabis Wholesaler.
(4) Class
4 - Licensed Cannabis Distributor.
(5) Class
6 - Licensed Cannabis Delivery Service.
(6) Cannabis
Consumption Areas associated with Class 5 Cannabis Retailer licenses.
No topsoil shall be removed from any premises in any zone.
No subsoil, sand or gravel shall be removed from any premises
in any zone except that:
A. The Construction Official may issue a permit for the removal of subsoil from excavations
for building foundations or other structures, provided that the total
amount to be removed from the lot does not exceed 500 cubic yards
or the Borough Engineer has approved the removal for appropriate engineering
reasons and so notifies the Construction Official in writing.
[Added 9-23-2002 by Ord.
No. 2002-16]
A. Purpose. The purpose of these regulations for the siting of wireless
telecommunications towers and antennas is to:
(1) Protect residential areas and land uses from potential adverse impacts
of towers and antennas;
(2) Encourage the location of towers in appropriate locations;
(3) Minimize the total number of towers throughout the community;
(4) Strongly encourage the joint use of tower sites as a primary option
rather than construction of additional single-use towers;
(5) Encourage users of towers and antennas to locate them, to the extent
possible, in areas where the adverse impact on the community is minimal;
(6) Encourage users of towers and antennas to configure them in a way
that minimizes the adverse visual impact of the towers and antennas
through careful design, siting landscape screening and innovative
camouflaging techniques;
(7) Enhance the ability of the providers of telecommunications services
to provide such services to the community quickly, effectively and
efficiently;
(8) Consider the public health and safety of communication towers; and
(9) Avoid potential damage to adjacent properties from tower failure
through engineering and careful siting of tower structures.
In furtherance of these goals, the Borough of Neptune City shall
give due consideration to the borough master plan, zoning map, existing
land uses and environmentally sensitive areas in approving sites for
the location of towers and antennas.
B. Antennas and towers permitted on borough property. Wireless communications towers and antennas which are located on borough property and which are approved by Borough Council, shall be deemed to be permitted as a municipal facility in any zone district. The borough shall consider the criteria set forth in Section
139-29D prior to approving the location of a tower on borough property.
C. Antennas and towers which are not municipal facilities. Wireless telecommunications antennas and towers may be allowed as a conditional use on property which is not borough property in accordance with the standards, regulations and requirements set forth in Section
139-29D, wireless telecommunications towers, antennas and transmission facilities on nonmunicipal property, in those zones where public utilities are permitted as a principal use or as a conditional use.
D. Wireless telecommunications towers, antennas and transmission facilities
on nonmunicipal property.
Wireless telecommunications antennas and towers may be allowed
as a conditional use on property which is not owned, leased or otherwise
controlled by the Borough of Neptune City, in accordance with the
minimum standards of the zone district and the standards, regulations
and requirements set forth in this section, in those zones where public
utilities are permitted as a principal or conditional use. Site plan
approval shall be required prior to the installation of wireless telecommunication
towers, antennas and transmission facilities on non-borough owned
property.
(1) General. Wireless telecommunication towers, antennas and transmission
facilities shall only be permitted on non-borough property where the
municipal approving authority has determined the following:
(a)
There is substantial evidence that there is a significant gap
in the telecommunications grid within the borough which the proposed
facility will correct;
(b)
There is no borough property available or no wireless telecommunications
towers, antennas or transmission facilities available where the proposed
facility could locate or co-locate that would correct the telecommunications
gap;
(c)
There are no existing structures, facilities or wireless telecommunications
towers, antennas or transmission facilities available on which the
proposed facility is located and that the different use of an existing
structure on the same lot does not preclude the installation of an
antenna or tower;
(d)
There is no residential use, school use or healthcare use on
the lot on which the facility is located and that the different use
of an existing structure on the same lot does not preclude the installation
of an antenna tower;
(e)
The application for the proposed facility is the joint application
of two or more wireless communications carriers licensed to provide
service within the area and the application provides for the co-location
of two or more carriers at the site. In the alternative, if the application
is an individual application, it must include a binding statement
that approval will be subject to the application making all open space
on the tower available to all other potential users at a price equal
to the fair market value of the space used.
(f)
The dimensions of the entire lot on which the facility is located
are used for the purpose of determining whether the installation of
a tower or antenna complies with district development regulations,
including but not limited to setback requirements, lot coverage requirements
and other such requirements. The dimensions of the entire lot shall
control, even though the antennas or towers may be located on leased
parcels within such lot;
(g)
A plan is submitted for the periodic testing of the facility
to ensure ongoing compliance with applicable federal and/or state
standards. The plan is subject to the review and approval of the municipal
approving authority; and
(h)
The applicant must provide within 60 days, or such longer time
if permitted by FCC regulations, of the commencement of operation
of a tower or antenna, a certification of compliance of FCC standards
of radio frequency emission exposure to the public in an uncontrolled
environment.
(2) Inventory of existing sites. Each applicant for an antenna and/or
tower shall provide to the borough as part of the application, an
inventory of all existing towers, antennas and sites approved for
towers or antennas that are within the jurisdiction of the borough
and within an area outside the jurisdiction of the borough where the
applicant could locate its equipment to provide continuity of coverage.
Specific information shall be provided about the location, height
and design of each tower, antenna and site. The borough may share
such information with other applicants applying for approvals under
this section or other organizations seeking to locate antennas within
the jurisdiction of the borough, provided, however, that the borough
is not, by sharing information, in any way representing or warranting
that such sites are available or suitable.
(3) Aesthetics. Towers and antennas shall meet the following requirements:
(a)
Towers shall maintain a finish or be painted a color approved
by the municipal agency, so as to reduce visual obtrusiveness, subject
to any applicable standards of the FAA;
(b)
At a tower site, the design of a building and related structures
shall, to the extent possible, use materials, colors, textures, screening
and landscaping that will blend them into the natural setting and
surrounding buildings;
(c)
If an antenna is installed on a structure other than a tower,
the antenna and supporting electrical and mechanical equipment must
be of a neutral color that is identical or closely compatible with
the color of the supporting structure so as to make the antenna and
related equipment as visually unobtrusive as possible.
(4) Lighting. Towers shall be artificially lighted unless required by
the FAA or other applicable authority. If lighting is required, the
lighting alternatives and design chosen must cause the least disturbance
to surrounding views.
(5) State or federal requirements. All towers must meet or exceed current
standards and regulations of the FAA, the FCC and any other agency
of the state or federal government with the authority to regulate
towers and antennas. If such standards and regulations are changed,
then the owners of the towers and antennas governed by this section
shall bring such towers and antennas into compliance with such revised
standards and regulations within six months of the effective date
of such standards and regulations unless a different compliance schedule
is mandated by the controlling state or federal agency. Failure to
bring towers and antennas into compliance with such revised standards
shall constitute grounds for the removal of the tower or antenna at
the owner's expense.
(6) Building codes: safety standards. To ensure the structural integrity
of towers, the owner of a tower shall ensure that it has been maintained
in compliance with standards contained in applicable state or local
building codes and the applicable standards for towers that are published
by the Electronic Industries Association, the American National Standards
Institute as well as the New Jersey BOCA Code, as amended from time
to time. If, upon inspection, the borough concludes that a tower fails
to comply with such standards and constitutes a danger to persons
or property, then upon notice being provided to the owner of the tower,
the owner shall have 30 days to bring such tower into compliance with
such standards. Failure to bring such tower into compliance within
said 30 days to bring such tower into compliance shall constitute
grounds for the removal of the tower or antenna at the owner's expense.
All tower components including, but not limited to, transmitters and
receivers shall comply with FCC and New Jersey Department of Environmental
Protection standards for frequency and power and they shall be continually
compliant as those standards are amended from time to time.
(7) Measurement. For purpose of measurement, tower setbacks and separation
distances shall be calculated and applied to facilities located in
the borough irrespective of municipal and county jurisdictional boundaries.
(8) Franchises. Owners and/or operators of towers or antennas shall certify
that all franchises required by law for the construction and/or operation
of a wireless communication system in the borough has been obtained
from all applicable federal or state agencies and shall file a copy
of all required franchises with the borough.
(9) Signs. No signs shall be allowed on an antenna or tower.
(10)
Maximum height. The tower shall meet the following maximum height
and usage criteria:
(a)
For three users, up to 100 feet.
(b)
For four or more users, over 100 feet.
(c)
Tower height shall be based on technical requirements for reception.
A licensed New Jersey professional engineer must certify that
the tower can structurally accommodate the number of shared users
proposed by the applicant.
(11)
Information required. In addition to any information required
for applications for site plan review pursuant to this chapter, applicants
for approval for a tower shall submit the following information:
(a)
A location plan drawn to scale and clearly indicating the location,
type and height of the proposed tower, on-site land use and zoning,
adjacent land uses and zoning (including when adjacent to other municipalities).
(b)
Legal description of the parent tract and leased parcel (if
applicable).
(c)
The setback distance between the proposed tower and the nearest
residential unit, platted residentially zoned properties and unplatted
residentially zoned properties.
(d)
The separation distance from other towers described in the inventory
of existing sites shall be shown on an updated site plan or map. The
applicant shall also identify the type of construction of the existing
tower(s) and the owner/operator of the existing tower(s), if known.
(e)
A landscape plan showing specific landscape materials.
(f)
Method of fencing and finished color, and if applicable, the
method of camouflage and illumination.
(g)
A statement of compliance with all applicable federal, state,
or local laws.
(h)
A statement by the applicant as to the number of users construction
of the tower will accommodate for co-location.
(i)
Identification of the entities providing the backhaul network
for the tower(s) described in the application and other cellular or
personal communication service sites owned or operated by the applicant
in the municipality.
(j)
A description of the suitability of the use of existing towers,
other structures or alternative technology not requiring the use of
towers or structures to provide the services to be provided through
the use of the proposed tower.
(k)
A description of the feasible location(s) of future towers or
antennas within the borough based upon existing physical, engineering,
technological or geographical limitations in the event the proposed
tower is erected.
(12)
Factors considered in granting approval of towers. In addition
to any standards for consideration of site plans pursuant to this
chapter, the municipal agency shall consider the following factors
in determining whether to issue an approval:
(a)
Availability of suitable existing towers, other structures or
alternative technologies not requiring the use of towers or structures;
(b)
Height of the proposed tower;
(c)
Proximity of the tower to residential structures and residential
district boundaries;
(d)
Nature of uses on adjacent and nearby properties;
(f)
Surrounding tree coverage and foliage;
(g)
Design of the tower, with particular reference to design characteristics
that have the effect of reducing or eliminating visual obtrusiveness;
(h)
Proposed ingress and egress;
(i)
Number of users committed to use of the tower.
(13)
Availability of suitable existing towers, other structures or
alternative technology. No new tower shall be permitted unless the
applicant demonstrates to the reasonable satisfaction of the municipal
agency that no existing tower, structure or alternative technology
that does not require the use of towers or structures, can accommodate
the applicant's proposed antenna. An applicant shall submit information
requested by the municipal agency related to the availability of suitable
existing towers, other structures or alternative technology. Evidence
submitted to demonstrate that no existing tower, structure or alternative
technology can accommodate the applicant's proposed antenna or that
no emerging technology exists that would overcome the gap in the applicant's
telecommunications system may consist of the following:
(a)
No existing towers or structures are located within the geographic
area which meets applicant's engineering requirements.
(b)
Existing towers or structures are not of sufficient height to
meet applicant's engineering requirements.
(c)
Existing towers or structures do not have sufficient structural
strength to support applicant's proposed antenna and related equipment.
(d)
The applicant's proposed antenna would cause electromagnetic
interference with the antenna on the existing towers or structures
or the antenna on the existing towers or structures would cause interference
with the applicant's proposed antenna.
(e)
The fees, costs or contractual provisions required by the owner
in order to share an existing tower or structure or to adapt an existing
tower or structure for sharing are unreasonable. Costs not exceeding
new tower development are presumed to be reasonable.
(f)
The applicant demonstrates that there are other limiting factors
that render existing towers and structures unsuitable.
(g)
The applicant demonstrates that an alternative technology that
does not require the use of towers or structures, such as cable microcell
network using multiple low-powered transmitters/receivers attached
to a wireline system, is unsuitable. Costs of alternative technology
that exceed new tower or antenna development shall not be presumed
to render the technology unsuitable.
(14)
Minimum required setback. The following minimum setback requirements
shall apply to all towers for which site plan approval is required:
(a)
In nonresidential zones, towers must be set back a distance
equal to at least 100% of the height of the tower from any adjoining
lot line, but in no event shall the tower be located in the minimum
required yard area or buffer area of the zone district.
(b)
In residential zones, towers must be set back a distance equal
to at least 200% of the height of the tower from any adjoining lot
line but in no event shall the tower be located in the minimum required
yard area or buffer area of the zone district.
(c)
Guys and accessory buildings and structures must satisfy the
minimum zoning district setback and buffer requirements.
(15)
Minimum separation requirements between uses. The following
separation requirements shall apply to all towers and antennas for
which approval is required under this section:
(a)
Separation from off-site uses/designated
area.
i
Tower separation shall be measured from the base of the tower
to the lot line of the off-site uses and/or designated areas as specified
in paragraph (b) below, except as otherwise provided.
ii
Towers shall maintain a separation distance of 200 feet or 200%
of the tower height, whichever is greater, from a residential property
line.
(b)
Separation distances between towers. No tower shall be permitted
any closer to an existing tower than five times the height of the
proposed tower.
(16)
Security fencing. Towers shall be enclosed by security fencing
not less than six feet in height and shall also be equipped with an
appropriate anticlimbing device, provided however, that the municipal
agency may waive or modify such requirements, as it deems appropriate.
(17)
Landscaping. The following requirements shall govern the landscaping
surrounding towers for which site plan approval is required, provided
however, that the municipal agency may waive such requirements if
the goals of this section would be better served thereby.
(a)
Tower facilities shall be landscaped with a buffer of plant
materials that effectively screens the view of the tower compound
from property used for residences.
(b)
In locations where the visual impact of the tower would be minimal,
the landscaping requirement may be reduced.
(c)
Existing mature tree growth and natural land forms on the site
shall be preserved to the maximum extent possible. Trees and natural
growth may serve as buffer.
(18)
Conditions and alternative tower structure. In approving the
tower, the municipal agency may impose conditions including the use
of an alternative tower structure, to the extent the municipal agency
concludes such conditions are necessary to minimize any adverse effect
of the proposed tower on adjoining properties or the neighborhood
in which it is located.
(19)
Buildings and other equipment storage.
(a)
Antennas mounted on structures or
rooftops. Antennas mounted on buildings or existing elevated structures
shall not extend more than 30 feet above the highest point of the
building's roof or above the highest point of the structure. The equipment
cabinet or structure used in association with antennas shall comply
with the following:
i
The cabinet or structure shall not contain more than 200 square
feet of gross floor area or be more than 10 feet in height. In addition,
for buildings and structures which are less than 65 feet in height,
the related unmanned equipment structure, if over 200 square feet
of gross floor area or 10 feet in height, shall be located on the
ground and shall not be located on the roof of the structure.
ii
If the equipment structure is located on the roof of a building,
the area of the equipment structure and other equipment and structures
shall not occupy more than 10% of the roof area.
iii
Equipment storage buildings or cabinets shall comply with all
applicable building codes.
(20)
Antennas located on towers, utility poles or light poles. Antennas
shall not be located on towers, utility poles or light poles within
a borough street or right-of-way unless such facilities are approved
by the Borough Council. Antennas proposed on towers, utility poles
or light poles within a street or right-of-way not owned by the borough,
shall require approval as a conditional use. The related unmanned
cabinet or structure shall not contain more than 200 square feet of
gross floor area or be more than 10 feet in height and shall be located
in accordance with the minimum yard and buffer requirements of the
zoning district in which located shall be screened from view of all
residential properties.
(21)
Removal of abandoned antennas and towers. Any antenna or tower
that is not operated for a continuous period of 12 months shall be
considered abandoned and the owner of such antenna or tower shall
remove the same within 90 days of receipt of notice for the Borough
of Neptune City notifying the owner of such abandonment. Failure to
remove an abandoned antenna or tower within said 90 days shall be
grounds to remove the tower or antenna by the borough at the owner's
expense. If there are two or more users of a single tower, then this
provision shall not become effective until all users cease using the
tower.
[Amended in entirety 11-23-2020 by Ord. No. 2020-11. Prior history includes Ord. No. 06-02;Ord. No.
08-10.]
[Added 11-23-2020 by Ord.
No. 2020-11]
A. Policy statement. Flood control, groundwater recharge, and pollutant
reduction shall be achieved through the use of stormwater management
measures, including green infrastructure Best Management Practices
(GI BMPs) and nonstructural stormwater management strategies. GI BMPs
and low impact development (LID) should be utilized to meet the goal
of maintaining natural hydrology to reduce stormwater runoff volume,
reduce erosion, encourage infiltration and groundwater recharge, and
reduce pollution. GI BMPs and LID should be developed based upon physical
site conditions and the origin, nature and the anticipated quantity,
or amount, of potential pollutants. Multiple stormwater management
BMPs may be necessary to achieve the established performance standards
for water quality, quantity, and groundwater recharge.
B. Purpose. The purpose of Section
139-30 is to establish minimum stormwater management requirements and controls for "major development," as defined below in Section
139-30.2.
C. Applicability.
(1)
Section
139-30 shall be applicable to the following major developments:
(a)
Non-residential major developments; and
(b)
Aspects of residential major developments that are not pre-empted
by the Residential Site Improvement Standards at N.J.A.C. 5:21.
(2)
Section
139-30 shall also be applicable to all major developments undertaken by the Borough of Neptune City.
D. Compatibility with other permit and ordinance requirements. Development approvals issued pursuant to Section
139-30 are to be considered an integral part of development approvals and do not relieve the applicant of the responsibility to secure required permits or approvals for activities regulated by any other applicable code, rule, act, or ordinance. In their interpretation and application, the provisions of Section
139-30 shall be held to be the minimum requirements for the promotion of the public health, safety, and general welfare.
Section
139-30 is not intended to interfere with, abrogate, or annul any other ordinances, rule or regulation, statute, or other provision of law except that, where any provision of Section
139-30 imposes restrictions different from those imposed by any other ordinance, rule or regulation, or other provision of law, the more restrictive provisions or higher standards shall control.
[Added 11-23-2020 by Ord.
No. 2020-11]
For the purpose of Section
139-30, the following terms, phrases, words and their derivations shall have the meanings stated herein unless their use in the text of this Chapter clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. 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 CENTERS, CORES OR NODES
Those areas with boundaries incorporated by reference or
revised by the Department in accordance with N.J.A.C. 7:7-13.16.
CAFRA PLANNING MAP
The map used by the Department to identify the location of
Coastal Planning Areas, CAFRA centers, CAFRA cores, and CAFRA nodes.
The CAFRA Planning Map is available on the Department's Geographic
Information System (GIS).
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 chapter.
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 Board of County 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 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, 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 land, 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 waterbody or to
a particular point along a receiving waterbody.
EMPOWERMENT NEIGHBORHOODS
Neighborhoods 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 AREA
An area or feature which is of significant environmental
value, including but not limited to: stream corridors, natural heritage
priority sites, habitats of endangered or threatened species, large
areas of contiguous open space or upland forest, steep slopes, and
well head protection and groundwater recharge areas. Habitats of endangered
or threatened species are identified using the 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
An individual "development," as well as multiple developments
that individually or collectively result in:
A.
The disturbance of one or more acres of land since February
2, 2004;
B.
The creation of one-quarter acre or more of "regulated impervious
surface" since February 2, 2004;
C.
The creation of one-quarter acre or more of "regulated motor
vehicle surface" since March 2, 2021; or
D.
A combination of paragraphs B and C above that totals an area
of one-quarter acre or more. The same surface shall not be counted
twice when determining if the combination area equals one-quarter
acre or more.
Major development includes all developments that are part of
a common plan of development or sale (for example, phased residential
development) that collectively or individually meet any one or more
of paragraphs A, B, C or D 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 chapter. 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 chapter. Alternative stormwater management measures, removal rates, or calculation methods may be utilized, subject to any limitations specified in this chapter, provided the design engineer demonstrates to the municipality, in accordance with Section
139-30.4F 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 chapter.
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, political subdivision of this State and any state, interstate
or Federal agency.
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, ground waters
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 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 BASIN
An excavation or embankment and related areas designed to
retain stormwater runoff. A stormwater management basin may either
be normally dry (that is, a detention basin or infiltration 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 non-stormwater 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 ZONES
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 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
ground water 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 11-23-2020 by Ord.
No. 2020-11]
A. Stormwater management measures for major development shall be designed
to provide erosion control, groundwater recharge, stormwater runoff
quantity control, and stormwater runoff quality treatment as follows:
(1)
The minimum standards for erosion control are those established
under the Soil and Sediment Control Act, N.J.S.A. 4:24-39 et seq.,
and implementing rules at N.J.A.C. 2:90.
(2)
The minimum standards for groundwater recharge, stormwater quality,
and stormwater runoff quantity shall be met by incorporating green
infrastructure.
B. The standards in Section
139-30 apply only to new major development and are intended to minimize the impact of stormwater runoff on water quality and water quantity in receiving water bodies and maintain groundwater recharge. The standards do not apply to new major development to the extent that alternative design and performance standards are applicable under a regional stormwater management plan or Water Quality Management Plan adopted in accordance with Department rules.
[Added 11-23-2020 by Ord.
No. 2020-11]
A. The development shall incorporate a maintenance plan for the stormwater management measures incorporated into the design of a major development in accordance with Section
139-30.10.
B. Stormwater management measures shall avoid adverse impacts of concentrated
flow on habitat for threatened and endangered species as documented
in the Department's Landscape Project or Natural Heritage Database
established under N.J.S.A. 13:1B-15.147 through 15.150, particularly
Helonias bullata (swamp pink) and/or Clemmys muhlnebergi (bog turtle).
C. The following linear development projects are exempt from the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity requirements of Section
139-30.4P,
Q and
R;
(1)
The construction of an underground utility line provided that
the disturbed areas are revegetated upon completion;
(2)
The construction of an aboveground utility line provided that
the existing conditions are maintained to the maximum extent practicable;
and
(3)
The construction of a public pedestrian access, such as a sidewalk
or trail with a maximum width of 14 feet, provided that the access
is made of permeable material.
D. A waiver from strict compliance from the green infrastructure, groundwater recharge, stormwater runoff quality, and stormwater runoff quantity requirements of Section
139-30.4O,
P,
Q and
R may be obtained for the enlargement of an existing public roadway or railroad; or the construction or enlargement of a public pedestrian access, provided that the following conditions are met:
(1)
The applicant demonstrates that there is a public need for the
project that cannot be accomplished by any other means;
(2)
The applicant demonstrates through an alternatives analysis, that through the use of stormwater management measures, the option selected complies with the requirements of Section
139-30.4O,
P,
Q and
R to the maximum extent practicable;
(3)
The applicant demonstrates that, in order to meet the requirements of Section
139-30.4O,
P,
Q and
R existing structures currently in use, such as homes and buildings, would need to be condemned; and
(4)
The applicant demonstrates that it does not own or have other rights to areas, including the potential to obtain through condemnation lands not falling under Section
139-30.4D(3) above within the upstream drainage area of the receiving stream, that would provide additional opportunities to mitigate the requirements of Section
139-30.4O,
P,
Q and
R that were not achievable onsite.
E. Tables 1 through 3 below summarize the ability of stormwater best management practices identified and described in the New Jersey Stormwater Best Management Practices Manual to satisfy the green infrastructure, groundwater recharge, stormwater runoff quality and stormwater runoff quantity standards specified in Section
139-30.4O,
P,
Q and
R. When designed in accordance with the most current version of the New Jersey Stormwater Best Management Practices Manual, the stormwater management measures found at N.J.A.C. 7:8-5.2 (f) Tables 5-1, 5-2 and 5-3 and listed below in Tables 1, 2 and 3 are presumed to be capable of providing stormwater controls for the design and performance standards as outlined in the tables below. Upon amendment of the New Jersey Stormwater Best Management Practices Manual to reflect additions or deletions of BMPs meeting these standards, or changes in the presumed performance of BMPs designed in accordance with the New Jersey Stormwater BMP Manual, the Department shall publish in the New Jersey Register a notice of administrative change revising the applicable table. The most current version of the BMP Manual can be found on the Department's website at:
https://njstormwater.org/bmp_manual2.htm.
F. Where the BMP tables in the NJ Stormwater Management Rule are different due to updates or amendments with the tables in Section
139-30 the BMP Tables in the Stormwater Management rule at N.J.A.C. 7:8-5.2(f) shall take precedence.
Table 1
Green Infrastructure BMPs for Groundwater Recharge, Stormwater
Runoff Quality, and/or Stormwater Runoff Quantity
|
---|
Best Management Practice
|
Stormwater Runoff Quality TSS Removal Rate
(percent)
|
Stormwater Runoff Quantity
|
Groundwater Recharge
|
Minimum Separation from Seasonal High Water Table
(feet)
|
---|
Cistern
|
0
|
Yes
|
No
|
—
|
Dry well(a)
|
0
|
No
|
Yes
|
2
|
Grass swale
|
50 or less
|
No
|
No
|
2(e)
1(f)
|
Green roof
|
0
|
Yes
|
No
|
—
|
Manufactured treatment device(a)(g)
|
50 or 80
|
No
|
No
|
Dependent upon the device
|
Pervious paving system(a)
|
80
|
Yes
|
Yes(b)
No(c)
|
2(b)
1(c)
|
Small-scale bioretention basin(a)
|
80 or 90
|
Yes
|
Yes(b)
No(c)
|
2(b)
1(c)
|
Small-scale infiltration basin(a)
|
80
|
Yes
|
Yes
|
2
|
Small-scale sand filter
|
80
|
Yes
|
Yes
|
2
|
Vegetative filter strip
|
60 to 80
|
No
|
No
|
—
|
(Notes corresponding to annotations (a) through (g) follow Table 3)
|
Table 2
Green Infrastructure BMPs for Stormwater Runoff Quantity
(or for Groundwater Recharge and/or Stormwater Runoff Quality
with a Waiver or Variance from N.J.A.C. 7:8-5.3)
|
---|
Best Management Practice
|
Stormwater Runoff Quality TSS Removal Rate
(percent)
|
Stormwater Runoff Quantity
|
Groundwater Recharge
|
Minimum Separation from Seasonal High Water Table
(feet)
|
---|
Bioretention system
|
80 or 90
|
Yes
|
Yes(b)
No(c)
|
2(b)
1(c)
|
Infiltration basin
|
80
|
Yes
|
Yes
|
2
|
Sand filter(b)
|
80
|
Yes
|
Yes
|
2
|
Standard constructed wetland
|
90
|
Yes
|
No
|
N/A
|
Wet pond(d)
|
50-90
|
Yes
|
No
|
N/A
|
(Notes corresponding to annotations (b) through (d) follow Table 3)
|
Table 3
BMPs for Groundwater Recharge, Stormwater Runoff Quality, and/or
Stormwater Runoff Quantity
only with a Waiver or Variance from N.J.A.C. 7:8-5.3
|
---|
Best Management Practice
|
Stormwater Runoff Quality TSS Removal Rate
(percent)
|
Stormwater Runoff Quantity
|
Groundwater Recharge
|
Minimum Separation from Seasonal High Water Table
(feet)
|
---|
Blue roof
|
0
|
Yes
|
No
|
N/A
|
Extended detention basin
|
40 to 60
|
Yes
|
No
|
1
|
Manufactured treatment device(h)
|
50 or 80
|
No
|
No
|
Dependent upon the device
|
Sand filter(c)
|
80
|
Yes
|
No
|
1
|
Subsurface gravel wetland
|
90
|
No
|
No
|
1
|
Wet pond
|
50 to 90
|
Yes
|
No
|
N/A
|
Notes to Tables 1, 2, and 3:
|
(a)
|
Subject to the applicable contributory drainage area limitation specified at Section 139-30.4O(2);
|
(b)
|
Designed to infiltrate into the subsoil;
|
(c)
|
Designed with underdrains;
|
(d)
|
Designed to maintain at least a ten-foot-wide area of native
vegetation along at least 50% of the shoreline and to include a stormwater
runoff retention component designed to capture stormwater runoff for
beneficial reuse, such as irrigation;
|
(e)
|
Designed with a slope of less than 2%;
|
(f)
|
Designed with a slope of equal to or greater than 2%;
|
(g)
|
Manufactured treatment devices that meet the definition of green infrastructure at Section 139-30.2;
|
(h)
|
Manufactured treatment devices that do not meet the definition of green infrastructure at Section 139-30.2.
|
G. An alternative stormwater management measure, alternative removal rate, and/or alternative method to calculate the removal rate may be used if the design engineer demonstrates the capability of the proposed alternative stormwater management measure and/or the validity of the alternative rate or method to the municipality. A copy of any approved alternative stormwater management measure, alternative removal rate, and/or alternative method to calculate the removal rate shall be provided to the Department in accordance with Section
139-30.6B. Alternative stormwater management measures may be used to satisfy the requirements at Section
139-30.4O only if the measures meet the definition of green infrastructure at Section
139-30.2. Alternative stormwater management measures that function in a similar manner to a BMP listed at Section
139-30.4O(2) are subject to the contributory drainage area limitation specified at Section
139-30.4O(2) for that similarly functioning BMP. Alternative stormwater management measures approved in accordance with this subsection that do not function in a similar manner to any BMP listed at Section
139-30.4O(2) shall have a contributory drainage area less than or equal to 2.5 acres, except for alternative stormwater management measures that function similarly to cisterns, grass swales, green roofs, standard constructed wetlands, vegetative filter strips, and wet ponds, which are not subject to a contributory drainage area limitation. Alternative measures that function similarly to standard constructed wetlands or wet ponds shall not be used for compliance with the stormwater runoff quality standard unless a variance in accordance with N.J.A.C. 7:8-4.6 or a waiver from strict compliance in accordance with Section
139-30.4D is granted from Section
139-30.4O.
H. Whenever the stormwater management design includes one or more BMPs
that will infiltrate stormwater into subsoil, the design engineer
shall assess the hydraulic impact on the groundwater table and design
the site, so as to avoid adverse hydraulic impacts. Potential adverse
hydraulic impacts include, but are not limited to, exacerbating a
naturally or seasonally high water table, so as to cause surficial
ponding, flooding of basements, or interference with the proper operation
of subsurface sewage disposal systems or other subsurface structures
within the zone of influence of the groundwater mound, or interference
with the proper functioning of the stormwater management measure itself.
I. Design standards for stormwater management measures are as follows:
(1)
Stormwater management measures shall be designed to take into
account the existing site conditions, including, but not limited to,
environmentally critical areas; wetlands; flood-prone areas; slopes;
depth to seasonal high water table; soil type, permeability, and texture;
drainage area and drainage patterns; and the presence of solution-prone
carbonate rocks (limestone);
(2)
Stormwater management measures shall be designed to minimize maintenance, facilitate maintenance and repairs, and ensure proper functioning. Trash racks shall be installed at the intake to the outlet structure, as appropriate, and shall have parallel bars with one-inch spacing between the bars to the elevation of the water quality design storm. For elevations higher than the water quality design storm, the parallel bars at the outlet structure shall be spaced no greater than one-third the width of the diameter of the orifice or one-third the width of the weir, with a minimum spacing between bars of one inch and a maximum spacing between bars of six inches. In addition, the design of trash racks must comply with the requirements of Section
139-30.8C;
(3)
Stormwater management measures shall be designed, constructed,
and installed to be strong, durable, and corrosion resistant. Measures
that are consistent with the relevant portions of the Residential
Site Improvement Standards at N.J.A.C. 5:21-7.3, 7.4, and 7.5 shall
be deemed to meet this requirement;
(4)
Stormwater management BMPs shall be designed to meet the minimum safety standards for stormwater management BMPs at Section
139-30.8; and
(5)
The size of the orifice at the intake to the outlet from the
stormwater management BMP shall be a minimum of 2 1/2 inches
in diameter.
J. Manufactured treatment devices may be used to meet the requirements of this subchapter, provided the pollutant removal rates are verified by the New Jersey Corporation for Advanced Technology and certified by the Department. Manufactured treatment devices that do not meet the definition of green infrastructure at Section
139-30.2 may be used only under the circumstances described at Section
139-30.4O(4).
K. Any application for a new agricultural development that meets the definition of major development at Section II shall be submitted to the Soil Conservation District for review and approval in accordance with the requirements at Sections
139-30.4O,
P,
Q and
R and any applicable Soil Conservation District guidelines for stormwater runoff quantity and erosion control. For purposes of this subsection, "agricultural development" means land uses normally associated with the production of food, fiber, and livestock for sale. Such uses do not include the development of land for the processing or sale of food and the manufacture of agriculturally related products.
L. If there is more than one drainage area, the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at Section
139-30.4P,
Q and
R shall be met in each drainage area, unless the runoff from the drainage areas converge onsite and no adverse environmental impact would occur as a result of compliance with any one or more of the individual standards being determined utilizing a weighted average of the results achieved for that individual standard across the affected drainage areas.
M. Any stormwater management measure authorized under the municipal stormwater management plan or ordinance shall be reflected in a deed notice recorded in the Office of the County Clerk. A form of deed notice shall be submitted to the municipality for approval prior to filing. The deed notice shall contain a description of the stormwater management measure(s) used to meet the green infrastructure, groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at Section
139-30.4O,
P,
Q and
R and shall identify the location of the stormwater management measure(s) in NAD 1983 State Plane New Jersey FIPS 2900 US feet or latitude and longitude in decimal degrees. The deed notice shall also reference the maintenance plan required to be recorded upon the deed pursuant to Section
139-30.10B(5). Prior to the commencement of construction, proof that the above required deed notice has been filed shall be submitted to the municipality. Proof that the required information has been recorded on the deed shall be in the form of either a copy of the complete recorded document or a receipt from the clerk or other proof of recordation provided by the recording office. However, if the initial proof provided to the municipality is not a copy of the complete recorded document, a copy of the complete recorded document shall be provided to the municipality within 180 calendar days of the authorization granted by the municipality.
N. A stormwater management measure approved under the municipal stormwater management plan or ordinance may be altered or replaced with the approval of the municipality, if the municipality determines that the proposed alteration or replacement meets the design and performance standards pursuant to Section
139-30.4 and provides the same level of stormwater management as the previously approved stormwater management measure that is being altered or replaced. If an alteration or replacement is approved, a revised deed notice shall be submitted to the municipality for approval and subsequently recorded with the Office of the County Clerk and shall contain a description and location of the stormwater management measure, as well as reference to the maintenance plan, in accordance with paragraph M above. Prior to the commencement of construction, proof that the above required deed notice has been filed shall be submitted to the municipality in accordance with paragraph M above.
O. Green infrastructure standards.
(1)
This subsection specifies the types of green infrastructure
BMPs that may be used to satisfy the groundwater recharge, stormwater
runoff quality, and stormwater runoff quantity standards.
(2)
To satisfy the groundwater recharge and stormwater runoff quality standards at Section
139-30.4P and
Q, the design engineer shall utilize green infrastructure BMPs identified in Table 1 at 139-30.4F and/or an alternative stormwater management measure approved in accordance with Section
139-30.4G The following green infrastructure BMPs are subject to the following maximum contributory drainage area limitations:
Best Management Practice
|
Maximum Contributory Drainage Area
|
---|
Dry well
|
1 acre
|
Manufactured treatment device
|
2.5 acres
|
Pervious pavement systems
|
Area of additional inflow cannot exceed 3 times the area occupied
by the BMP
|
Small-scale bioretention systems
|
2.5 acres
|
Small-scale infiltration basin
|
2.5 acres
|
Small-scale sand filter
|
2.5 acres
|
(3)
To satisfy the stormwater runoff quantity standards at Section
139-30.4R, the design engineer shall utilize BMPs from Table 1 or from Table 2 and/or an alternative stormwater management measure approved in accordance with Section
139-30.4G.
(4)
If a variance in accordance with N.J.A.C. 7:8-4.6 or a waiver from strict compliance in accordance with Section
139-30.4D is granted from the requirements of this subsection, then BMPs from Table 1, 2, or 3, and/or an alternative stormwater management measure approved in accordance with Section
139-30.4G may be used to meet the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at Section
139-30.4P,
Q and
R.
(5)
For separate or combined storm sewer improvement projects, such as sewer separation, undertaken by a government agency or public utility (for example, a sewerage company), the requirements of this subsection shall only apply to areas owned in fee simple by the government agency or utility, and areas within a right-of-way or easement held or controlled by the government agency or utility; the entity shall not be required to obtain additional property or property rights to fully satisfy the requirements of this subsection. Regardless of the amount of area of a separate or combined storm sewer improvement project subject to the green infrastructure requirements of this subsection, each project shall fully comply with the applicable groundwater recharge, stormwater runoff quality control, and stormwater runoff quantity standards at Section
139-30.4P,
Q and
R, unless the project is granted a waiver from strict compliance in accordance with Section
139-30.4D.
P. Groundwater recharge standards.
(1)
This subsection contains the minimum design and performance
standards for groundwater recharge as follows.
(2)
The design engineer shall, using the assumptions and factors for stormwater runoff and groundwater recharge calculations at Section
139-30.5, either:
(a)
Demonstrate through hydrologic and hydraulic analysis that the
site and its stormwater management measures maintain 100% of the average
annual pre-construction groundwater recharge volume for the site;
or
(b)
Demonstrate through hydrologic and hydraulic analysis that the
increase of stormwater runoff volume from pre-construction to post-construction
for the two-year storm is infiltrated.
(3)
This groundwater recharge requirement does not apply to projects
within the "urban redevelopment area," or to projects subject to paragraph
(4) below.
(4)
The following types of stormwater shall not be recharged:
(a)
Stormwater from areas of high pollutant loading. High pollutant
loading areas are areas in industrial and commercial developments
where solvents and/or petroleum products are loaded/unloaded, stored,
or applied, areas where pesticides are loaded/unloaded or stored;
areas where hazardous materials are expected to be present in greater
than "reportable quantities" as defined by the United States Environmental
Protection Agency (EPA) at 40 CFR 302.4; areas where recharge would
be inconsistent with Department approved remedial action work plan
or landfill closure plan and areas with high risks for spills of toxic
materials, such as gas stations and vehicle maintenance facilities;
and
(b)
Industrial stormwater exposed to "source material." "Source
material" means any material(s) or machinery, located at an industrial
facility, that is directly or indirectly related to process, manufacturing
or other industrial activities, which could be a source of pollutants
in any industrial stormwater discharge to groundwater. Source materials
include, but are not limited to, raw materials; intermediate products;
final products; waste materials; by-products; industrial machinery
and fuels, and lubricants, solvents, and detergents that are related
to process, manufacturing, or other industrial activities that are
exposed to stormwater.
Q. Stormwater runoff quality standards.
(1)
This subsection contains the minimum design and performance
standards to control stormwater runoff quality impacts of major development.
Stormwater runoff quality standards are applicable when the major
development results in an increase of one-quarter acre or more of
regulated motor vehicle surface.
(2)
Stormwater management measures shall be designed to reduce the
post-construction load of total suspended solids (TSS) in stormwater
runoff generated from the water quality design storm as follows:
(a)
Eighty percent TSS removal of the anticipated load, expressed
as an annual average shall be achieved for the stormwater runoff from
the net increase of motor vehicle surface.
(b)
If the surface is considered regulated motor vehicle surface
because the water quality treatment for an area of motor vehicle surface
that is currently receiving water quality treatment either by vegetation
or soil, by an existing stormwater management measure, or by treatment
at a wastewater treatment plant is to be modified or removed, the
project shall maintain or increase the existing TSS removal of the
anticipated load expressed as an annual average.
(3)
The requirement to reduce TSS does not apply to any stormwater
runoff in a discharge regulated under a numeric effluent limitation
for TSS imposed under the New Jersey Pollutant Discharge Elimination
System (NJPDES) rules, N.J.A.C. 7:14A, or in a discharge specifically
exempt under a NJPDES permit from this requirement. Every major development,
including any that discharge into a combined sewer system, shall comply
with paragraph (2) above, unless the major development is itself subject
to a NJPDES permit with a numeric effluent limitation for TSS or the
NJPDES permit to which the major development is subject exempts the
development from a numeric effluent limitation for TSS.
(4)
The water quality design storm is 1.25 inches of rainfall in
two hours. Water quality calculations shall take into account the
distribution of rain from the water quality design storm, as reflected
in Table 4, below. The calculation of the volume of runoff may take
into account the implementation of stormwater management measures.
Table 4 - Water Quality Design Storm Distribution
|
---|
Time
(Minutes)
|
Cumulative Rainfall
(Inches)
|
Time
(Minutes)
|
Cumulative Rainfall
(Inches)
|
Time
(Minutes)
|
Cumulative Rainfall
(Inches)
|
---|
1
|
0.00166
|
41
|
0.1728
|
81
|
1.0906
|
2
|
0.00332
|
42
|
0.1796
|
82
|
1.0972
|
3
|
0.00498
|
43
|
0.1864
|
83
|
1.1038
|
4
|
0.00664
|
44
|
0.1932
|
84
|
1.1104
|
5
|
0.00830
|
45
|
0.2000
|
85
|
1.1170
|
6
|
0.00996
|
46
|
0.2117
|
86
|
1.1236
|
7
|
0.01162
|
47
|
0.2233
|
87
|
1.1302
|
8
|
0.01328
|
48
|
0.2350
|
88
|
1.1368
|
9
|
0.01494
|
49
|
0.2466
|
89
|
1.1434
|
10
|
0.01660
|
50
|
0.2583
|
90
|
1.1500
|
11
|
0.01828
|
51
|
0.2783
|
91
|
1.1550
|
12
|
0.01996
|
52
|
0.2983
|
92
|
1.1600
|
13
|
0.02164
|
53
|
0.3183
|
93
|
1.1650
|
14
|
0.02332
|
54
|
0.3383
|
94
|
1.1700
|
15
|
0.02500
|
55
|
0.3583
|
95
|
1.1750
|
16
|
0.03000
|
56
|
0.4116
|
96
|
1.1800
|
17
|
0.03500
|
57
|
0.4650
|
97
|
1.1850
|
18
|
0.04000
|
58
|
0.5183
|
98
|
1.1900
|
19
|
0.04500
|
59
|
0.5717
|
99
|
1.1950
|
20
|
0.05000
|
60
|
0.6250
|
100
|
1.2000
|
21
|
0.05500
|
61
|
0.6783
|
101
|
1.2050
|
22
|
0.06000
|
62
|
0.7317
|
102
|
1.2100
|
23
|
0.06500
|
63
|
0.7850
|
103
|
1.2150
|
24
|
0.07000
|
64
|
0.8384
|
104
|
1.2200
|
25
|
0.07500
|
65
|
0.8917
|
105
|
1.2250
|
26
|
0.08000
|
66
|
0.9117
|
106
|
1.2267
|
27
|
0.08500
|
67
|
0.9317
|
107
|
1.2284
|
28
|
0.09000
|
68
|
0.9517
|
108
|
1.2300
|
29
|
0.09500
|
69
|
0.9717
|
109
|
1.2317
|
30
|
0.10000
|
70
|
0.9917
|
110
|
1.2334
|
31
|
0.10660
|
71
|
1.0034
|
111
|
1.2351
|
32
|
0.11320
|
72
|
1.0150
|
112
|
1.2367
|
33
|
0.11980
|
73
|
1.0267
|
113
|
1.2384
|
34
|
0.12640
|
74
|
1.0383
|
114
|
1.2400
|
35
|
0.13300
|
75
|
1.0500
|
115
|
1.2417
|
36
|
0.13960
|
76
|
1.0568
|
116
|
1.2434
|
37
|
0.14620
|
77
|
1.0636
|
117
|
1.2450
|
38
|
0.15280
|
78
|
1.0704
|
118
|
1.2467
|
39
|
0.15940
|
79
|
1.0772
|
119
|
1.2483
|
40
|
0.16600
|
80
|
1.0840
|
120
|
1.2500
|
(5)
If more than one BMP in series is necessary to achieve the required
80% TSS reduction for a site, the applicant shall utilize the following
formula to calculate TSS reduction:
Where:
|
R
|
=
|
total TSS Percent Load Removal from application of both BMPs.
|
A
|
=
|
the TSS Percent Removal Rate applicable to the first BMP.
|
B
|
=
|
the TSS Percent Removal Rate applicable to the second BMP.
|
(6)
Stormwater management measures shall also be designed to reduce, to the maximum extent feasible, the post-construction nutrient load of the anticipated load from the developed site in stormwater runoff generated from the water quality design storm. In achieving reduction of nutrients to the maximum extent feasible, the design of the site shall include green infrastructure BMPs that optimize nutrient removal while still achieving the performance standards in Section
139-30.4P,
Q and
R.
(7)
In accordance with the definition of FW1 at N.J.A.C. 7:9B-1.4,
stormwater management measures shall be designed to prevent any increase
in stormwater runoff to waters classified as FW1.
(8)
The Flood Hazard Area Control Act Rules at N.J.A.C. 7:13-4.1(c)1
establish 300-foot riparian zones along Category One waters, as designated
in the Surface Water Quality Standards at N.J.A.C. 7:9B, and certain
upstream tributaries to Category One waters. A person shall not undertake
a major development that is located within or discharges into a 300-foot
riparian zone without prior authorization from the Department under
N.J.A.C. 7:13.
(9)
Pursuant to the Flood Hazard Area Control Act Rules at N.J.A.C.
7:13-11.2(j)3.i, runoff from the water quality design storm that is
discharged within a 300-foot riparian zone shall be treated in accordance
with this subsection to reduce the post-construction load of total
suspended solids by 95% of the anticipated load from the developed
site, expressed as an annual average.
(10)
The stormwater runoff quality standards do not apply to the
construction of one individual single-family dwelling, provided that
it is not part of a larger development or subdivision that has received
preliminary or final site plan approval prior to December 3, 2018,
and that the motor vehicle surfaces are made of permeable material(s)
such as gravel, dirt, and/or shells.
R. Stormwater runoff quantity standards.
(1)
This subsection contains the minimum design and performance
standards to control stormwater runoff quantity impacts of major development.
(2)
In order to control stormwater runoff quantity impacts, the design engineer shall, using the assumptions and factors for stormwater runoff calculations at Section
139-30.5, complete one of the following:
(a)
Demonstrate through hydrologic and hydraulic analysis that for
stormwater leaving the site, post-construction runoff hydrographs
for the two-, ten-, and 100-year storm events do not exceed, at any
point in time, the pre-construction runoff hydrographs for the same
storm events;
(b)
Demonstrate through hydrologic and hydraulic analysis that there
is no increase, as compared to the pre-construction condition, in
the peak runoff rates of stormwater leaving the site for the two-,
ten- and 100-year storm events and that the increased volume or change
in timing of stormwater runoff will not increase flood damage at or
downstream of the site. This analysis shall include the analysis of
impacts of existing land uses and projected land uses assuming full
development under existing zoning and land use ordinances in the drainage
area;
(c)
Design stormwater management measures so that the post-construction
peak runoff rates for the two-, ten- and 100-year storm events are
50%, 75% and 80% respectively, of the pre-construction peak runoff
rates. The percentages apply only to the post-construction stormwater
runoff that is attributable to the portion of the site on which the
proposed development or project is to be constructed; or
(d)
In tidal flood hazard areas, stormwater runoff quantity analysis
in accordance with paragraphs (2)(a), (2)(b) and (2)(c) above is required
unless the design engineer demonstrates through hydrologic and hydraulic
analysis that the increased volume, change in timing, or increased
rate of the stormwater runoff, or any combination of the three will
not result in additional flood damage below the point of discharge
of the major development. No analysis is required if the stormwater
is discharged directly into any ocean, bay, inlet, or the reach of
any watercourse between its confluence with an ocean, bay, or inlet
and downstream of the first water control structure.
(3)
The stormwater runoff quantity standards shall be applied at
the site's boundary to each abutting lot, roadway, watercourse, or
receiving storm sewer system.
[Added 11-23-2020 by Ord.
No. 2020-11]
A. Stormwater runoff shall be calculated in accordance with the following:
(1)
The design engineer shall calculate runoff using one of the
following methods:
(a)
The USDA Natural Resources Conservation Service (NRCS) methodology, including the NRCS Runoff Equation and Dimensionless Unit Hydrograph, as described in Chapters
7, 9, 10,
15 and 16 Part 630, Hydrology National Engineering Handbook, incorporated herein by reference as amended and supplemented. This methodology is additionally described in Technical Release 55 - Urban Hydrology for Small Watersheds (TR-55), dated June 1986, incorporated herein by reference as amended and supplemented. Information regarding the methodology is available from the Natural Resources Conservation Service website at:
https://www.nrcs.usda.gov/Internet/FSE_DOCUMENTS/stelprdb1044171.pdf
or at United States Department of Agriculture Natural Resources
Conservation Service, 220 Davison Avenue, Somerset, New Jersey 08873;
or
(b)
The Rational Method for peak flow and the Modified Rational
Method for hydrograph computations. The rational and modified rational
methods are described in "Appendix A-9 Modified Rational Method" in
the Standards for Soil Erosion and Sediment Control in New Jersey,
January 2014. This document is available from the State Soil Conservation
Committee or any of the Soil Conservation Districts listed at N.J.A.C.
2:90-1.3(a)3. The location, address, and telephone number for each
Soil Conservation District is available from the State Soil Conservation
Committee, PO Box 330, Trenton, New Jersey 08625. The document is
also available at:
http://www.nj.gov/agriculture/divisions/anr/pdf/2014NJSoilErosionControlStandardsComplete.pdf.
(2)
For the purpose of calculating runoff coefficients and groundwater recharge, there is a presumption that the pre-construction condition of a site or portion thereof is a wooded land use with good hydrologic condition. The term "runoff coefficient" applies to both the NRCS methodology above at Section
139-30.5A(1)(a) and the Rational and Modified Rational Methods at Section
139-30.5A(1)(b). A runoff coefficient or a groundwater recharge land cover for an existing condition may be used on all or a portion of the site if the design engineer verifies that the hydrologic condition has existed on the site or portion of the site for at least five years without interruption prior to the time of application. If more than one land cover has existed on the site during the five years immediately prior to the time of application, the land cover with the lowest runoff potential shall be used for the computations. In addition, there is the presumption that the site is in good hydrologic condition (if the land use type is pasture, lawn, or park), with good cover (if the land use type is woods), or with good hydrologic condition and conservation treatment (if the land use type is cultivation).
(3)
In computing pre-construction stormwater runoff, the design
engineer shall account for all significant land features and structures,
such as ponds, wetlands, depressions, hedgerows, or culverts, that
may reduce pre-construction stormwater runoff rates and volumes.
(4)
In computing stormwater runoff from all design storms, the design
engineer shall consider the relative stormwater runoff rates and/or
volumes of pervious and impervious surfaces separately to accurately
compute the rates and volume of stormwater runoff from the site. To
calculate runoff from unconnected impervious cover, urban impervious
area modifications as described in the NRCS Technical Release 55 -
Urban Hydrology for Small Watersheds or other methods may be employed.
(5)
If the invert of the outlet structure of a stormwater management
measure is below the flood hazard design flood elevation as defined
at N.J.A.C. 7:13, the design engineer shall take into account the
effects of tailwater in the design of structural stormwater management
measures.
B. Groundwater recharge may be calculated in accordance with the following:
The New Jersey Geological Survey Report GSR-32, A Method for Evaluating
Groundwater-Recharge Areas in New Jersey, incorporated herein by reference
as amended and supplemented. Information regarding the methodology
is available from the New Jersey Stormwater Best Management Practices
Manual; at the New Jersey Geological and Water Survey website at:
https://www.nj.gov/dep/njgs/pricelst/gsreport/gsr32.pdf
or at New Jersey Geological and Water Survey, 29 Arctic Parkway,
PO Box 420 Mail Code 29-01, Trenton, New Jersey 08625-0420.
[Added 11-23-2020 by Ord.
No. 2020-11]
A. Technical guidance for stormwater management measures can be found
in the documents listed below, which are available to download from
the Department's website at:
http://www.nj.gov/dep/stormwater/bmp_manual2.htm.
(1)
Guidelines for stormwater management measures are contained
in the New Jersey Stormwater Best Management Practices Manual, as
amended and supplemented. Information is provided on stormwater management
measures such as, but not limited to, those listed in Tables 1, 2,
and 3.
(2)
Additional maintenance guidance is available on the Department's
website at:
https://www.njstormwater.org/maintenance_guidance.htm.
B. Submissions required for review by the Department should be mailed
to:
The Division of Water Quality, New Jersey Department of Environmental
Protection, Mail Code 401-02B, PO Box 420, Trenton, New Jersey 08625-0420.
[Added 11-23-2020 by Ord.
No. 2020-11]
A. Site design features identified under Section
139-30.4F above, or alternative designs in accordance with Section
139-30.4G above, to prevent discharge of trash and debris from drainage systems shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets. For purposes of this paragraph, "solid and floatable materials" means sediment, debris, trash, and other floating, suspended, or settleable solids. For exemptions to this standard see Section
139-30.7A(2) below.
(1)
Design engineers shall use one of the following grates whenever
they use a grate in pavement or another ground surface to collect
stormwater from that surface into a storm drain or surface water body
under that grate:
(a)
The New Jersey Department of Transportation (NJDOT) bicycle
safe grate, which is described in Chapter 2.4 of the NJDOT Bicycle
Compatible Roadways and Bikeways Planning and Design Guidelines; or
(b)
A different grate, if each individual clear space in that grate
has an area of no more than seven square inches, or is no greater
than 0.5 inch across the smallest dimension.
Examples of grates subject to this standard include grates in
grate inlets, the grate portion (non-curb-opening portion) of combination
inlets, grates on storm sewer manholes, ditch grates, trench grates,
and grates of spacer bars in slotted drains. Examples of ground surfaces
include surfaces of roads (including bridges), driveways, parking
areas, bikeways, plazas, sidewalks, lawns, fields, open channels,
and stormwater system floors used to collect stormwater from the surface
into a storm drain or surface water body.
(c)
For curb-opening inlets, including curb-opening inlets in combination
inlets, the clear space in that curb opening, or each individual clear
space if the curb opening has two or more clear spaces, shall have
an area of no more than 7.0 square inches, or be no greater than 2.0
inches across the smallest dimension.
(2)
The standard in paragraph A(1) above does not apply:
(a)
Where each individual clear space in the curb opening in existing
curb-opening inlet does not have an area of more than 9.0 square inches;
(b)
Where the municipality agrees that the standards would cause
inadequate hydraulic performance that could not practicably be overcome
by using additional or larger storm drain inlets;
(c)
Where flows from the water quality design storm as specified
in N.J.A.C. 7:8 are conveyed through any device (e.g., end of pipe
netting facility, manufactured treatment device, or a catch basin
hood) that is designed, at a minimum, to prevent delivery of all solid
and floatable materials that could not pass through one of the following:
[1] A rectangular space 4.625 inches long and 1.5 inches
wide (this option does not apply for outfall netting facilities);
or
[2] A bar screen having a bar spacing of 0.5 inch.
Note that these exemptions do not authorize any infringement
of requirements in the Residential Site Improvement Standards for
bicycle safe grates in new residential development (N.J.A.C. 5:21-4.18(b)2
and 7.4(b)1).
|
(d)
Where flows are conveyed through a trash rack that has parallel
bars with one-inch spacing between the bars, to the elevation of the
Water Quality Design Storm as specified in N.J.A.C. 7:8; or
(e)
Where the New Jersey Department of Environmental Protection
determines, pursuant to the New Jersey Register of Historic Places
Rules at N.J.A.C. 7:4-7.2(c), that action to meet this standard is
an undertaking that constitutes an encroachment or will damage or
destroy the New Jersey Register listed historic property.
[Added 11-23-2020 by Ord.
No. 2020-11]
A. Section
139-30 sets forth requirements to protect public safety through the proper design and operation of stormwater management basins. Section
139-30 applies to any new stormwater management basin.
B. The provisions of this section are not intended to preempt more stringent municipal or county safety requirements for new or existing stormwater management basins. Municipal and county stormwater management plans and ordinances may, pursuant to their authority, require existing stormwater management basins to be retrofitted to meet one or more of the safety standards in Section
139-30.8C(1),
C(2) and
C(3) for trash racks, overflow grates, and escape provisions at outlet structures.
C. Requirements for trash racks, overflow grates and escape provisions.
(1)
A trash rack is a device designed to catch trash and debris
and prevent the clogging of outlet structures. Trash racks shall be
installed at the intake to the outlet from the stormwater management
basins to ensure proper functioning of the basins outlets in accordance
with the following:
(a)
The trash rack shall have parallel bars, with no greater than
six-inch spacing between the bars;
(b)
The trash rack shall be designed so as not to adversely affect
the hydraulic performance of the outlet pipe or structure;
(c)
The average velocity of flow through a clean trash rack is not
to exceed 2.5 feet per second under the full range of stage and discharge.
Velocity is to be computed on the basis of the net area of opening
through the rack; and
(d)
The trash rack shall be constructed of rigid, durable, and corrosion
resistant material and designed to withstand a perpendicular live
loading of 300 pounds per square foot.
(2)
An overflow grate is designed to prevent obstruction of the
overflow structure. If an outlet structure has an overflow grate,
such grate shall meet the following requirements:
(a)
The overflow grate shall be secured to the outlet structure
but removable for emergencies and maintenance.
(b)
The overflow grate spacing shall be no less than two inches
across the smallest dimension.
(c)
The overflow grate shall be constructed and installed to be
rigid, durable, and corrosion resistant, and shall be designed to
withstand a perpendicular live loading of 300 pounds per square foot.
(3)
Stormwater management basins shall include escape provisions
as follows:
(a)
If a stormwater management basin has an outlet structure, escape provisions shall be incorporated in or on the structure. Escape provisions include the installation of permanent ladders, steps, rungs, or other features that provide easily accessible means of egress from stormwater management basins. With the prior approval of the municipality pursuant to Section
139-30.8C, a free-standing outlet structure may be exempted from this requirement;
(b)
Safety ledges shall be constructed on the slopes of all new stormwater management basins having a permanent pool of water deeper than 2 1/2 feet. Safety ledges shall be comprised of two steps. Each step shall be four to six feet in width. One step shall be located approximately 2 1/2 feet below the permanent water surface, and the second step shall be located one to 1 1/2 feet above the permanent water surface. See Section
139-30.8E for an illustration of safety ledges in a stormwater management basin; and
(c)
In new stormwater management basins, the maximum interior slope
for an earthen dam, embankment, or berm shall not be steeper than
three horizontal to one vertical.
D. Variance or exemption from safety standard. A variance or exemption
from the safety standards for stormwater management basins may be
granted only upon a written finding by the municipality that the variance
or exemption will not constitute a threat to public safety.
E. Safety ledge illustration.
Elevation View - Basin Safety Ledge Configuration
|
[Added 11-23-2020 by Ord.
No. 2020-11]
A. Submission of site development stormwater plan.
(1)
Whenever an applicant seeks municipal approval of a development subject to Section
139-30, the applicant shall submit all of the required components of the Checklist for the Site Development Stormwater Plan at Section
139-30.9C below as part of the submission of the application for approval.
(2)
The applicant shall demonstrate that the project meets the standards set forth in Section
139-30.
(3)
The applicant shall submit eight copies of the materials listed in the checklist for site development stormwater plans in accordance with Section
139-30.9C.
B. Site development stormwater plan approval. The applicant's Site Development project shall be reviewed as a part of the review process by the municipal board or official from which municipal approval is sought. That municipal board or official shall consult the municipality's review engineer to determine if all of the checklist requirements have been satisfied and to determine if the project meets the standards set forth in Section
139-30.
C. Submission of site development stormwater plan. The following information
shall be required:
(1)
Topographic base map. The reviewing engineer may require upstream
tributary drainage system information as necessary. It is recommended
that the topographic base map of the site be submitted which extends
a minimum of 200 feet beyond the limits of the proposed development,
at a scale of one inch equals 200 feet or greater, showing two-foot
contour intervals. The map as appropriate may indicate the following:
existing surface water drainage, shorelines, steep slopes, soils,
erodible soils, perennial or intermittent streams that drain into
or upstream of the Category One waters, wetlands and flood plains
along with their appropriate buffer strips, marshlands and other wetlands,
pervious or vegetative surfaces, existing man-made structures, roads,
bearing and distances of property lines, and significant natural and
manmade features not otherwise shown.
(2)
Environmental site analysis. A written and graphic description
of the natural and man-made features of the site and its surroundings
should be submitted. This description should include a discussion
of soil conditions, slopes, wetlands, waterways and vegetation on
the site. Particular attention should be given to unique, unusual,
or environmentally sensitive features and to those that provide particular
opportunities or constraints for development.
(3)
Project description and site plans. A map (or maps) at the scale
of the topographical base map indicating the location of existing
and proposed buildings roads, parking areas, utilities, structural
facilities for stormwater management and sediment control, and other
permanent structures. The map(s) shall also clearly show areas where
alterations will occur in the natural terrain and cover, including
lawns and other landscaping, and seasonal high groundwater elevations.
A written description of the site plan and justification for proposed
changes in natural conditions shall also be provided.
(4)
Land use planning and source control plan. This plan shall provide a demonstration of how the goals and standards of Sections
139-30.3 through
139-30.5 are being met. The focus of this plan shall be to describe how the site is being developed to meet the objective of controlling groundwater recharge, stormwater quality and stormwater quantity problems at the source by land management and source controls whenever possible.
(5)
Stormwater management facilities map. The following information,
illustrated on a map of the same scale as the topographic base map,
shall be included:
(a)
Total area to be disturbed, paved or built upon, proposed surface
contours, land area to be occupied by the stormwater management facilities
and the type of vegetation thereon, and details of the proposed plan
to control and dispose of stormwater.
(b)
Details of all stormwater management facility designs, during
and after construction, including discharge provisions, discharge
capacity for each outlet at different levels of detention and emergency
spillway provisions with maximum discharge capacity of each spillway.
(6)
Calculations.
(a)
Comprehensive hydrologic and hydraulic design calculations for the pre-development and post-development conditions for the design storms specified in Section
139-30.4.
(b)
When the proposed stormwater management control measures depend
on the hydrologic properties of soils or require certain separation
from the seasonal high water table, then a soils report shall be submitted.
The soils report shall be based on onsite boring logs or soil pit
profiles. The number and location of required soil borings or soil
pits shall be determined based on what is needed to determine the
suitability and distribution of soils present at the location of the
control measure.
(7)
Maintenance and repair plan. The design and planning of the stormwater management facility shall meet the maintenance requirements of Section
139-30.10.
(8)
Waiver from submission requirements. The municipal official or board reviewing an application under Section
139-30 may, in consultation with the municipality's review engineer, waive submission of any of the requirements in Section
139-30.9C(1) through
139-30.9C(6) when it can be demonstrated that the information requested is impossible to obtain or it would create a hardship on the applicant to obtain and its absence will not materially affect the review process.
[Added 11-23-2020 by Ord.
No. 2020-11]
A. Applicability. Projects subject to review as in Section
139-30.1C shall comply with the requirements of Section
139-30.10B and
C.
B. General maintenance.
(1)
The design engineer shall prepare a maintenance plan for the
stormwater management measures incorporated into the design of a major
development.
(2)
The maintenance plan shall contain specific preventative maintenance tasks and schedules; cost estimates, including estimated cost of sediment, debris, or trash removal; and the name, address, and telephone number of the person or persons responsible for preventative and corrective maintenance (including replacement). The plan shall contain information on BMP location, design, ownership, maintenance tasks and frequencies, and other details as specified in Chapter
8 of the New Jersey Stormwater Best Management Practices Manual, as well as the tasks specific to the type of BMP, as described in the applicable chapter containing design specifics.
(3)
If the maintenance plan identifies a person other than the property
owner (for example, a developer, a public agency or homeowners' association)
as having the responsibility for maintenance, the plan shall include
documentation of such person's or entity's agreement to assume this
responsibility, or of the owner's obligation to dedicate a stormwater
management facility to such person under an applicable ordinance or
regulation.
(4)
Responsibility for maintenance shall not be assigned or transferred
to the owner or tenant of an individual property in a residential
development or project, unless such owner or tenant owns or leases
the entire residential development or project. The individual property
owner may be assigned incidental tasks, such as weeding of a green
infrastructure BMP, provided the individual agrees to assume these
tasks; however, the individual cannot be legally responsible for all
of the maintenance required.
(5)
If the party responsible for maintenance identified under Section
139-30.10B(3) above is not a public agency, the maintenance plan and any future revisions based on Section
139-30.10B(7) below shall be recorded upon the deed of record for each property on which the maintenance described in the maintenance plan must be undertaken.
(6)
Preventative and corrective maintenance shall be performed to
maintain the functional parameters (storage volume, infiltration rates,
inflow/outflow capacity, etc.) of the stormwater management measure,
including, but not limited to, repairs or replacement to the structure;
removal of sediment, debris, or trash; restoration of eroded areas;
snow and ice removal; fence repair or replacement; restoration of
vegetation; and repair or replacement of non-vegetated linings.
(7)
The party responsible for maintenance identified under Section
X.B.3 above shall perform all of the following requirements:
(a)
Maintain a detailed log of all preventative and corrective maintenance
for the structural stormwater management measures incorporated into
the design of the development, including a record of all inspections
and copies of all maintenance-related work orders;
(b)
Evaluate the effectiveness of the maintenance plan at least
once per year and adjust the plan and the deed as needed; and
(c)
Retain and make available, upon request by any public entity with administrative, health, environmental, or safety authority over the site, the maintenance plan and the documentation required by Section
139-30.10B(6) and
B(7) above.
(8)
The requirements of Section
139-30.10B(3) and
B(4) do not apply to stormwater management facilities that are dedicated to and accepted by the municipality or another governmental agency, subject to all applicable municipal stormwater general permit conditions, as issued by the Department.
(9)
In the event that the stormwater management facility becomes
a danger to public safety or public health, or if it is in need of
maintenance or repair, the municipality shall so notify the responsible
person in writing. Upon receipt of that notice, the responsible person
shall have 14 days to effect maintenance and repair of the facility
in a manner that is approved by the municipal engineer or his designee.
The municipality, in its discretion, may extend the time allowed for
effecting maintenance and repair for good cause. If the responsible
person fails or refuses to perform such maintenance and repair, the
municipality or County may immediately proceed to do so and shall
bill the cost thereof to the responsible person. Nonpayment of such
bill may result in a lien on the property.
C. Nothing in this subsection shall preclude the municipality in which
the major development is located from requiring the posting of a performance
or maintenance guarantee in accordance with N.J.S.A. 40:55D-53.
[Added 11-23-2020 by Ord.
No. 2020-11]
Any person(s) who erects, constructs, alters, repairs, converts, maintains, or uses any building, structure or land in violation of Section
139-30 shall be subject to the penalties as specified in Article
III of Chapter
1, General Provisions of the Code of the Borough of Neptune City entitled "Violations and Penalties."
[Added 11-23-2020 by Ord.
No. 2020-11]
Each section, subsection, sentence, clause and phrase of Section
139-30 is declared to be an independent section, subsection, sentence, clause and phrase, and the finding or holding of any such portion of Section
139-30 to be unconstitutional, void, or ineffective for any cause, or reason, shall not affect any other portion of Section
139-30.
[Added 11-23-2020 by Ord.
No. 2020-11]
Section
139-30 shall be in full force and effect from and after its adoption and any publication as required by law.