[Ord. No. 2006-13]
This chapter shall be known as “The Stormwater Regulations
and Stormwater Control” of the Borough of Harvey Cedars.
This chapter is adopted for the purpose of regulating the municipal
separate storm sewer system(s) operated by the Borough of Harvey Cedars
so as to protect public health, safety and welfare, and to prescribe
penalties for the failure to comply.
[Ord. No. 2010-17]
For the purpose of this ordinance, the following terms, phrases,
words, and their derivations shall have the meanings stated herein
unless their use in the text of this Chapter clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word “shall” is
always mandatory and not merely directory. The definitions below are
the same as or based on corresponding definitions in the New Jersey
Pollutant Discharge Elimination System (NJPDES) rules at NJAC 7:14A-1.2
and in the Stormwater Management Rules at N.J.A.C. 7:8-1.2.
Those areas with boundaries incorporated by reference or
revised by the Department in accordance with N.J.A.C. 7:7-13.16.
The map used by the Department to identify the location of
Coastal Planning Areas, CAFRA centers, CAFRA cores, and CAFRA nodes.
The CAFRA Planning Map is available on the Department's Geographic
Information System (GIS).
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.
The increase in soil bulk density.
The area from which stormwater runoff drains to a stormwater
management measure, not including the area of the stormwater management
measure itself.
A pedestrian-oriented area of commercial and civic uses serving
the surrounding municipality, generally including housing and access
to public transportation.
An agency designated by the County Board of Chosen Freeholders
to review municipal stormwater management plans and implementing ordinance(s).
The county review agency may either be:
The New Jersey Department of Environmental Protection.
A State Development and Redevelopment Plan Center as designated
by the State Planning Commission such as urban, regional, town, village,
or hamlet.
A person professionally qualified and duly licensed in New
Jersey to perform engineering services that may include, but not necessarily
be limited to, development of project requirements, creation and development
of project design and preparation of drawings and specifications.
The division of a parcel of land into two or more parcels,
the construction, reconstruction, conversion, structural alteration,
relocation or enlargement of any building or structure, any mining
excavation or landfill, and any use or change in the use of any building
or other structure, or land or extension of use of land, by any person,
for which permission is required under the Municipal Land Use Law,
N.J.S.A. 40:55D-1 et seq.
In the case of development of agricultural lands, development
means: any activity that requires a State permit; any activity reviewed
by the County Agricultural Board (CAB) and the State Agricultural
Development Committee (SADC), and municipal review of any activity
not exempted by the Right to Farm Act, N.J.S.A 4:1C-1 et seq.
The placement or reconstruction of impervious surface or
motor vehicle surface, or exposure and/or movement of soil or bedrock
or clearing, cutting, or removing of vegetation. Milling and repaving
is not considered disturbance for the purposes of this definition.
Waste and wastewater from humans or household operations.
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.
A neighborhood designated by the Urban Coordinating Council “in
consultation and conjunction with” the New Jersey Redevelopment
Authority pursuant to N.J.S.A 55:19-69.
The following areas where the physical alteration of the
land is in some way restricted, either through regulation, easement,
deed restriction or ownership such as: wetlands, floodplains, threatened
and endangered species sites or designated habitats, and parks and
preserves. Habitats of endangered or threatened species are identified
using the Department's Landscape Project as approved by the Department's
Endangered and Nongame Species Program.
An area or feature which is of significant environmental
value, including but not limited to: stream corridors; natural heritage
priority sites; habitat of endangered or threatened species; large
areas of contiguous open space or upland forest; steep slopes; and
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.
The detachment and movement of soil or rock fragments by
water, wind, ice or gravity.
A stormwater management measure that manages stormwater close
to its source by:
An area within which water drains to a particular receiving
surface water body, also known as a subwatershed, which is identified
by a 14-digit hydrologic unit boundary designation, delineated within
New Jersey by the United States Geological Survey.
Any physical or non-physical connection that discharges domestic
sewage, non-contact cooling water, process wastewater, or other industrial
waste (other than stormwater) to the municipal separate storm sewer
system operated by the Borough of Harvey Cedars, unless that discharge
is authorized under a NJPDES permit other than the Tier A Municipal
Stormwater General Permit (NJPDES Permit Number NJ0141852). Non-physical
connections may include, but are not limited to, leaks, flows, or
overflows into the municipal separate storm sewer system.
A surface that has been covered with a layer of material
so that it is highly resistant to infiltration by water.
Non-domestic waste, including, but not limited to, those
pollutants regulated under Section 307(a), (b), or (c) of the Federal
Clean Water Act [33 U.S.C. § 1317(a), (b), or (c)].
The process by which water seeps into the soil from precipitation.
One or more public entities having stormwater management
planning authority designated by the regional stormwater management
planning committee pursuant to N.J.A.C. 7:8-3.2, that serves as the
primary representative of the committee.
An individual “development,” as well as multiple
developments that individually or collectively result in:
The disturbance of one or more acres of land since February
2, 2004;
The creation of one-quarter acre or more of “regulated
impervious surface” since February 2, 2004;
The creation of one-quarter acre or more of “regulated
motor vehicle surface” since March 2, 2021 (or the effective
date of this ordinance, whichever is earlier); or
A combination of 2 and 3 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.
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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 paragraph 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.”
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Any development that is not “major development”
including all residential development on residential lots.
An action by an applicant providing compensation or offset
actions for onsite stormwater management requirements where the applicant
has demonstrated the inability or impracticality of strict compliance
with the stormwater management requirements set forth in NJAC 7:8,
in an adopted regional stormwater management plan, or in this local
ordinance, and has received a waiver from strict compliance from the
municipality. Mitigation, for the purposes of this ordinance, includes
both the mitigation plan detailing how the project’s failure
to strictly comply will be compensated, and the implementation of
the approved mitigation plan within the same HUC-14 within which the
subject project is proposed (if possible and practical), or a contribution
of funding toward a regional stormwater control project, or provision
for equivalent treatment at an alternate location, or other equivalent
water quality benefit.
Land vehicles propelled other than by muscular power, such
as automobiles, motorcycles, autocycles, and low speed vehicles. For
the purposes of this definition, motor vehicle does not include farm
equipment, snowmobiles, all-terrain vehicles, motorized wheelchairs,
go-carts, gas buggies, golf carts, ski-slope grooming machines, or
vehicles that run only on rails or tracks.
Any pervious or impervious surface that is intended to be
used by “motor vehicles” and/or aircraft, and is directly
exposed to precipitation including, but not limited to, driveways,
parking areas, parking garages, roads, racetracks, and runways.
Any city, borough, town, township, or village.
A conveyance or system of conveyances (including roads with
drainage systems, municipal streets, catch basins, curbs, gutters,
ditches, manmade channels, or storm drains) that is owned or operated
by the Borough of Harvey Cedars or other public body, and is designed
and used for collecting and conveying stormwater.
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 9, provided the design engineer demonstrates to the municipality, in accordance with Subsection 9-10.6f 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 Chapter 9.
A permit issued by the New Jersey Department of Environmental
Protection to implement the New Jersey Pollutant Discharge Elimination
System (NJPDES) rules at N.J.A.C. 7:14A.
An area designated by the State Planning Commission concentrating
facilities and activities which are not organized in a compact form.
Water used to reduce temperature for the purpose of cooling.
Such waters do not come into direct contact with any raw material,
intermediate product (other than heat) or finished product. Non-contact
cooling water may however contain algaecides, or biocides to control
fouling of equipment such as heat exchangers, and/or corrosion inhibitors.
A chemical element or compound, such as nitrogen or phosphorus,
which is essential to and promotes the development of organisms.
Any individual, corporation, company, partnership, firm,
association, Borough of Harvey Cedars, or political subdivision of
this State subject to municipal jurisdiction pursuant to the Municipal
Land Use Law, N.J.S.A. 40:55D-1 et seq.
Any dredged spoil, solid waste, incinerator residue, filter
backwash, sewage, garbage, refuse, oil, grease, sewage sludge, munitions,
chemical wastes, biological materials, medical wastes, radioactive
substance (except those regulated under the Atomic Energy Act of 1954,
as amended (42 U.S.C. 2011 et seq.), thermal waste, wrecked or discarded
equipment, rock, sand, cellar dirt, industrial, municipal, agricultural,
and construction waste or runoff, or other residue discharged directly
or indirectly to the land, ground waters or surface waters of the
State, or to a domestic treatment works. “Pollutant” includes
both hazardous and nonhazardous pollutants.
Any water which, during manufacturing or processing, comes
into direct contact with or results from the production or use of
any raw material, intermediate product, finished product, byproduct,
or waste product. Process wastewater includes, but is not limited
to, leachate and cooling water other than non-contact cooling water.
The amount of water from precipitation that infiltrates into
the ground and is not evapotranspired.
Any waste container that a person controls whether owned,
leased, or operated, including dumpsters, trash cans, garbage pails,
and plastic trash bags.
Any of the following, alone or in combination:
A net increase of impervious surface;
The total area of impervious surface collected by a new stormwater
conveyance system (for the purpose of this definition, a “new
stormwater conveyance system” is a stormwater conveyance system
that is constructed where one did not exist immediately prior to its
construction or an existing system for which a new discharge location
is created);
The total area of impervious surface proposed to be newly collected
by an existing stormwater conveyance system; and/or
The total area of impervious surface collected by an existing
stormwater conveyance system where the capacity of that conveyance
system is increased.
Any of the following, alone or in combination:
The total area of motor vehicle surface that is currently receiving
water;
A net increase in motor vehicle surface; and/or quality treatment
either by vegetation or soil, by an existing stormwater management
measure, or by treatment at a wastewater treatment plant, where the
water quality treatment will be modified or removed.
Solid material, mineral or organic, that is in suspension,
is being transported, or has been moved from its site of origin by
air, water or gravity as a product of erosion.
The lot or lots upon which a major development is to occur
or has occurred.
All unconsolidated mineral and organic material of any origin.
An area delineated on the State Plan Policy Map and adopted
by the State Planning Commission that is intended to be the focus
for much of the state’s future redevelopment and revitalization
efforts.
Is defined as the geographic application of the State Development
and Redevelopment Plan’s goals and statewide policies, and the
official map of these goals and policies.
An opening in a storm drain used to collect stormwater runoff
and includes, but is not limited to, a grate inlet, curb-opening inlet,
slotted inlet, and combination inlet.
Water resulting from precipitation (including rain and snow)
that runs off the land’s surface, is transmitted to the subsurface,
or is captured by separate storm sewers or other sewage or drainage
facilities, or conveyed by snow removal equipment.
An excavation or embankment and related areas designed to
retain stormwater runoff. A stormwater management basin may either
be normally dry (that is, a detention basin or infiltration basin),
retain water in a permanent pool (a retention basin), or be planted
mainly with wetland vegetation (most constructed stormwater wetlands).
An excavation or embankment and related areas designed to
retain stormwater runoff. A stormwater management BMP may either be
normally dry (that is, a detention basin or infiltration system),
retain water in a permanent pool (a retention basin), or be planted
mainly with wetland vegetation (most constructed stormwater wetlands).
Any practice, technology, process, program, or other method
intended to control or reduce stormwater runoff and associated pollutants,
or to induce or control the infiltration or groundwater recharge of
stormwater or to eliminate illicit or illegal non-stormwater discharges
into stormwater conveyances.
A public body authorized by legislation to prepare stormwater
management plans.
The geographic area for which a stormwater management planning
agency is authorized to prepare stormwater management plans, or a
specific portion of that area identified in a stormwater management
plan prepared by that agency.
Water flow on the surface of the ground or in storm sewers,
resulting from precipitation.
A flood hazard area in which the flood elevation resulting
from the two- , ten- , or 100-year storm, as applicable, is governed
by tidal flooding from the Atlantic Ocean. Flooding in a tidal flood
hazard area may be contributed to, or influenced by, stormwater runoff
from inland areas, but the depth of flooding generated by the tidal
rise and fall of the Atlantic Ocean is greater than flooding from
any fluvial sources. In some situations, depending upon the extent
of the storm surge from a particular storm event, a flood hazard area
may be tidal in the 100-year storm, but fluvial in more frequent storm
events.
A neighborhood given priority access to State resources through
the New Jersey Redevelopment Authority.
A zone designated by the New Jersey Enterprise Zone Authority
pursuant to the New Jersey Urban Enterprise Zones Act, N.J.S.A. 52:27H-60
et. seq.
Is defined as previously developed portions of areas:
A structure within, or adjacent to, a water, which intentionally
or coincidentally alters the hydraulic capacity, the flood elevation
resulting from the two- , ten- , or 100-year storm, flood hazard area
limit, and/or floodway limit of the water. Examples of a water control
structure may include a bridge, culvert, dam, embankment, ford (if
above grade), retaining wall, and weir.
The ocean and its estuaries, all springs, streams, wetlands,
and bodies of surface or ground water, whether natural or artificial,
within the boundaries of the State of New Jersey or subject to its
jurisdiction.
An area that is inundated or saturated by surface water or
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.
No person shall discharge or cause to be discharged through
an illicit connection to the municipal separate storm sewer system
operated by the Borough of Harvey Cedars any domestic sewage, non-contact
cooling water, process wastewater, or other industrial waste (other
than stormwater).
The spilling, dumping, or disposal of materials other than stormwater
to the municipal separate storm sewer system operated by the Borough
of Harvey Cedars is prohibited. The spilling, dumping, or disposal
of materials other than stormwater in such a manner as to cause the
discharge of pollutants to the municipal separate storm sewer system
is also prohibited.
a.
Water line
flushing and discharges from potable water sources.
b.
Uncontaminated
ground water (e.g., infiltration, crawl space or basement sump pumps,
foundation or footing drains, rising ground waters)
c.
Air conditioning
condensate (excluding contact and non-contact cooling water).
d.
Irrigation
water (including landscape and lawn watering runoff).
e.
Flows from
springs, riparian habitats and wetlands, water reservoir discharges
and diverted stream flows.
f.
Residential
car washing water, and residential swimming pool discharges.
g.
Sidewalk,
driveway and street wash water.
h.
Flows from
firefighting activities.
i.
Flows from
rinsing of the following equipment with clean water:
1.
Beach
maintenance equipment immediately following their use for their intended
purposes; and
2.
Equipment
used in the application of salt and de-icing materials immediately
following salt and de-icing material applications. Prior to rinsing
with clean water, all residual salt and de-icing materials must be
removed from equipment and vehicles to the maximum extent practicable
using dry cleaning methods (e.g., shoveling and sweeping). Recovered
materials are to be returned to storage for reuse or properly discarded.
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Rinsing of equipment, as noted in the above situation is limited
to exterior, undercarriage, and exposed parts and does not apply to
engines or other enclosed machinery.
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Refer to § 3-6.
[Ord. No. 2010-17]
Refer to § 18-4c.
Refer to § 3-1.
Refer to § 6-3.
[Ord. No. 2006-01]
This ordinance shall be enforced by the Harvey Cedars Police
Department.
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.
The purpose of this ordinance is to establish minimum stormwater management requirements and controls for “major development,” as defined in § 9-2 above.
Development approvals issued pursuant to this ordinance 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 this ordinance shall be held to be the minimum requirements
for the promotion of the public health, safety, and general welfare.
This ordinance is not intended to interfere with, abrogate,
or annul any other ordinances, rule or regulation, statute, or other
provision of law except that, where any provision of this ordinance
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.
a.
Stormwater
management measures for major development shall be designed to provide
erosion control, groundwater recharge, stormwater runoff quantity
control, and stormwater runoff quality treatment as follows:
1.
The minimum
standards for erosion control are those established under the Soil
and Sediment Control Act, N.J.S.A. 4:24-39 et seq., and implementing
rules at N.J.A.C. 2:90.
2.
The minimum
standards for groundwater recharge, stormwater quality, and stormwater
runoff quantity shall be met by incorporating green infrastructure.
b.
The standards
in this ordinance 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.
a.
The development shall incorporate a maintenance plan for the stormwater management measures incorporated into the design of a major development in accordance with Subsection 9-10.12.
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 Subsection 9-10.6p, 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 Subsection 9-10.6p, q and r may be obtained for the enlargement of an existing public roadway or railroad; or the construction or enlargement of a public pedestrian access, provided that the following conditions are met:
1.
The applicant
demonstrates that there is a public need for the project that cannot
be accomplished by any other means;
4.
The applicant demonstrates that it does not own or have other rights to areas, including the potential to obtain through condemnation lands not falling under Subsection 9-10.6d3 above within the upstream drainage area of the receiving stream, that would provide additional opportunities to mitigate the requirements of Subsection 9-10.6o, 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 Subsection 9-10.6o, p, q and r. When designed in accordance with the most current version of the New Jersey Stormwater Best Management Practices Manual, the stormwater management measures found at N.J.A.C. 7:8-5.2 (f) Tables 5-1, 5-2 and 5-3 and listed below in Tables 1, 2 and 3 are presumed to be capable of providing stormwater controls for the design and performance standards as outlined in the tables below. Upon amendments of the New Jersey Stormwater Best Management Practices to reflect additions or deletions of BMPs meeting these standards, or changes in the presumed performance of BMPs designed in accordance with the New Jersey Stormwater BMP Manual, the Department shall publish in the New Jersey Registers a notice of administrative change revising the applicable table. The most current version of the BMP Manual can be found on the Department’s website at: https://njstormwater.org/bmp_manual2.htm
f.
Where
the BMP tables in the NJ Stormwater Management Rule are different
due to updates or amendments with the tables in this ordinance, the
BMP Tables in the Stormwater Management rule at N.J.A.C. 7:8-5.2(f)
shall take precedence.
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Table 1
Green Infrastructure BMPs for Groundwater Recharge, Stormwater
Runoff Quality, and/or Stormwater Runoff Quantity
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|---|---|---|---|---|
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Best Management Practice
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Stormwater Runoff Quality TSS Removal Rate (percent)
|
Stormwater Runoff Quantity
|
Groundwater Recharge
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Minimum Separation from Seasonal High-Water Table (feet)
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|
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)
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50 or 80
|
No
|
No
|
Dependent upon the device
|
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Pervious Paving System(a)
|
80
|
Yes
|
Yes(b)
No(c)
|
2(b)
1(c)
|
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Small-Scale Bioretention Basin(a)
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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
|
60-80
|
No
|
No
|
--
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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)
|
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Infiltration Basin
|
80
|
Yes
|
Yes
|
2
|
|
Sand Filter(b)
|
80
|
Yes
|
Yes
|
2
|
|
Standard Constructed Wetland
|
90
|
Yes
|
No
|
N/A
|
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Wet Pond(d)
|
50-90
|
Yes
|
No
|
N/A
|
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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
|
40-60
|
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
|
50-90
|
Yes
|
No
|
N/A
|
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Notes to Tables 1, 2, and 3:
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(a)
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Subject to the applicable contributory drainage area limitation specified at Subsection 9-10.6o2.
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(b)
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Designed to infiltrate into the subsoil.
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(c)
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Designed with underdrains.
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(d)
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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.
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(e)
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Designed with a slope of less than 2%.
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(f)
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Designed with a slope of equal to or greater than 2%.
|
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(g)
|
Manufactured treatment devices that meet the definition of green infrastructure at § 9-2.
|
|
(h)
|
Manufactured treatment devices that do not meet the definition of green infrastructure at Subsection 9-10.6.
|
g.
An alternative stormwater management measure, alternative removal rate, and/or alternative method to calculate the removal rate may be used if the design engineer demonstrates the capability of the proposed alternative stormwater management measure and/or the validity of the alternative rate or method to the municipality. A copy of any approved alternative stormwater management measure, alternative removal rate, and/or alternative method to calculate the removal rate shall be provided to the Department in accordance with Subsection 9-10.8b. Alternative stormwater management measures may be used to satisfy the requirements at Subsection 9-10.6o only if the measures meet the definition of green infrastructure at § 9-2. Alternative stormwater management measures that function in a similar manner to a BMP listed at Subsection 9-10.6o2 are subject to the contributory drainage area limitation specified at Subsection 9-10.6o2 for that similarly functioning BMP. Alternative stormwater management measures approved in accordance with this subsection that do not function in a similar manner to any BMP listed at Subsection 9-10.6o2 shall have a contributory drainage area less than or equal to 2.5 acres, except for alternative stormwater management measures that function similarly to cisterns, grass swales, green roofs, standard constructed wetlands, vegetative filter strips, and wet ponds, which are not subject to a contributory drainage area limitation. Alternative measures that function similarly to standard constructed wetlands or wet ponds shall not be used for compliance with the stormwater runoff quality standard unless a variance in accordance with N.J.A.C. 7:8-4.6 or a waiver from strict compliance in accordance with Subsection 9-10.6d is granted from Subsection 9-10.6o.
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 Subsection 9-10.10c;
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 Subsection 9-10.10; 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 § 9-2 may be used only under the circumstances described at Subsection 9-10.6o4.
k.
Any application for a new agricultural development that meets the definition of major development at § 9-2 shall be submitted to the Soil Conservation District for review and approval in accordance with the requirements at Subsection 9-10.6o, p, q and r and any applicable Soil Conservation District guidelines for stormwater runoff quantity and erosion control. For purposes of this subsection, "agricultural development" means land uses normally associated with the production of food, fiber, and livestock for sale. Such uses do not include the development of land for the processing or sale of food and the manufacture of agriculturally related products.
l.
If there is more than one drainage area, the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at Subsection 9-10.6p, 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 Ocean County Clerk.
A form of deed notice shall be submitted to the municipality for approval prior to filing. The deed notice shall contain a description of the stormwater management measure(s) used to meet the green infrastructure, groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at Subsection 9-10.6o, p, q and r and shall identify the location of the stormwater management measure(s) in NAD 1983 State Plane New Jersey FIPS 2900 US Feet or Latitude and Longitude in decimal degrees. The deed notice shall also reference the maintenance plan required to be recorded upon the deed pursuant to Subsection 9-10.12b5. Prior to the commencement of construction, proof that the above required deed notice has been filed shall be submitted to the municipality. Proof that the required information has been recorded on the deed shall be in the form of either a copy of the complete recorded document or a receipt from the clerk or other proof of recordation provided by the recording office. However, if the initial proof provided to the municipality is not a copy of the complete recorded document, a copy of the complete recorded document shall be provided to the municipality within 180 calendar days of the authorization granted by the municipality.
n.
A stormwater management measure approved under the municipal stormwater management plan or ordinance may be altered or replaced with the approval of the municipality, if the municipality determines that the proposed alteration or replacement meets the design and performance standards pursuant to Subsection 9-10.6 of this ordinance and provides the same level of stormwater management as the previously approved stormwater management measure that is being altered or replaced. If an alteration or replacement is approved, a revised deed notice shall be submitted to the municipality for approval and subsequently recorded with the Office of the Ocean County Clerk and shall contain a description and location of the stormwater management measure, as well as reference to the maintenance plan, in accordance with M above. Prior to the commencement of construction, proof that the above required deed notice has been filed shall be submitted to the municipality in accordance with Subsection m above.
o.
Green
Infrastructure Standards
1.
This
subsection specifies the types of green infrastructure BMPs that may
be used to satisfy the groundwater recharge, stormwater runoff quality,
and stormwater runoff quantity standards.
2.
To satisfy the groundwater recharge and stormwater runoff quality standards at Subsection 9-10.6p and q, the design engineer shall utilize green infrastructure BMPs identified in Table 1 at Subsection 9-10.6f and/or an alternative stormwater management measure approved in accordance with Subsection 9-10.6g. The following green infrastructure BMPs are subject to the following maximum contributory drainage area limitations:
|
Best Management Practice
|
Maximum Contributory Drainage Area
|
|---|---|
|
Dry Well
|
1 acre
|
|
Manufactured Treatment Device
|
2.5 acres
|
|
Pervious Pavement Systems
|
Area of additional inflow cannot exceed three times the area
occupied by the BMP
|
|
Small-scale Bioretention Systems
|
2.5 acres
|
|
Small-scale Infiltration Basin
|
2.5 acres
|
|
Small-scale Sand Filter
|
2.5 acres
|
4.
If a variance in accordance with N.J.A.C. 7:8-4.6 or a waiver from strict compliance in accordance with Subsection 9-10.6d is granted from the requirements of this subsection, then BMPs from Table 1, 2, or 3, and/or an alternative stormwater management measure approved in accordance with Subsection 9-10.6g may be used to meet the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at Subsection 9-10.6P, q and r.
5.
For separate or combined storm sewer improvement projects, such as sewer separation, undertaken by a government agency or public utility (for example, a sewerage company), the requirements of this subsection shall only apply to areas owned in fee simple by the government agency or utility, and areas within a right-of-way or easement held or controlled by the government agency or utility; the entity shall not be required to obtain additional property or property rights to fully satisfy the requirements of this subsection. Regardless of the amount of area of a separate or combined storm sewer improvement project subject to the green infrastructure requirements of this subsection, each project shall fully comply with the applicable groundwater recharge, stormwater runoff quality control, and stormwater runoff quantity standards at Subsection 9-10.6p, q and r, unless the project is granted a waiver from strict compliance in accordance with Subsection 9-10.6d.
p.
Groundwater
Recharge Standards.
1.
This
subsection contains the minimum design and performance standards for
groundwater recharge as follows:
2.
The design engineer shall, using the assumptions and factors for stormwater runoff and groundwater recharge calculations at Subsection 9-10.7, 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 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 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
 |
 |
5.
If more
than one BMP in series is necessary to achieve the required 80% TSS
reduction for a site, the applicant shall utilize the following formula
to calculate TSS reduction:
|
R = A + B – (A x B)/100,
|
|
Where:
| ||
|
R
|
=
|
total TSS Percent Load Removal from application of both BMPs,
and
|
|
A
|
=
|
the TSS Percent Removal Rate applicable to the first BMP
|
|
B
|
=
|
the TSS Percent Removal Rate applicable to the second BMP.
|
6.
Stormwater management measures shall also be designed to reduce, to the maximum extent feasible, the post-construction nutrient load of the anticipated load from the developed site in stormwater runoff generated from the water quality design storm. In achieving reduction of nutrients to the maximum extent feasible, the design of the site shall include green infrastructure BMPs that optimize nutrient removal while still achieving the performance standards in Subsection 9-10.6p, 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.
This
stormwater runoff quality standards do not apply to the construction
of one individual single-family dwelling, provided that it is not
part of a larger development or subdivision that has received preliminary
or final site plan approval prior to December 3, 2018, and that the
motor vehicle surfaces are made of permeable material(s) such as gravel,
dirt, and/or shells.
r.
Stormwater
Runoff Quantity Standards.
1.
This
subsection contains the minimum design and performance standards to
control stormwater runoff quantity impacts of major development.
2.
In order to control stormwater runoff quantity impacts, the design engineer shall, using the assumptions and factors for stormwater runoff calculations at Subsection 9-10.7, 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 2.i, ii and iii 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.
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 Subsection 9-10.7a1(a) and the Rational and Modified Rational Methods at Subsection 9-10.7a1(b). A runoff coefficient or a groundwater recharge land cover for an existing condition may be used on all or a portion of the site if the design engineer verifies that the hydrologic condition has existed on the site or portion of the site for at least five years without interruption prior to the time of application. If more than one land cover have existed on the site during the five years immediately prior to the time of application, the land cover with the lowest runoff potential shall be used for the computations. In addition, there is the presumption that the site is in good hydrologic condition (if the land use type is pasture, lawn, or park), with good cover (if the land use type is woods), or with good hydrologic condition and conservation treatment (if the land use type is cultivation).
3.
In computing
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 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.
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
a.
Site design features identified under Subsection 9-10.6f above, or alternative designs in accordance with Subsection 9-10.6g 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 Subsection 9-10.9a2 below.
1.
Design
engineers shall use one of the following grates whenever they use
a grate in pavement or another ground surface to collect stormwater
from that surface into a storm drain or surface water body under that
grate:
(a)
The New Jersey Department of Transportation (NJDOT) bicycle safe
grate, which is described in Chapter 2.4 of the NJDOT Bicycle Compatible
Roadways and Bikeways Planning and Design Guidelines; or
(b)
A different grate, if each individual clear space in that grate has
an area of no more than 7.0 square inches, or is no greater than 0.5
inches across the smallest dimension.
|
Examples of grates subject to this standard include grates in
grate inlets, the grate portion (non-curb-opening portion) of combination
inlets, grates on storm sewer manholes, ditch grates, trench grates,
and grates of spacer bars in slotted drains. Examples of ground surfaces
include surfaces of roads (including bridges), driveways, parking
areas, bikeways, plazas, sidewalks, lawns, fields, open channels,
and stormwater 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 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 inches.
|
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.
a.
This
section sets forth requirements to protect public safety through the
proper design and operation of stormwater management BMPs. This section
applies to any new stormwater management BMP.
b.
The provisions of this section are not intended to preempt more stringent municipal or county safety requirements for new or existing stormwater management BMPs. Municipal and county stormwater management plans and ordinances may, pursuant to their authority, require existing stormwater management BMPs to be retrofitted to meet one or more of the safety standards in Subsection 9-10.10c for trash racks, overflow grates, and escape provisions at outlet structures.
c.
Requirements
for Trash Racks, Overflow Grates and Escape Provisions.
1.
A trash
rack is a device designed to catch trash and debris and prevent the
clogging of outlet structures. Trash racks shall be installed at the
intake to the outlet from the Stormwater management BMP to ensure
proper functioning of the BMP outlets in accordance with the following:
(a)
The trash rack shall have parallel bars, with no greater than six-inch
spacing between the bars;
(b)
The trash rack shall be designed so as not to adversely affect the
hydraulic performance of the outlet pipe or structure;
(c)
The average velocity of flow through a clean trash rack is not to
exceed 2.5 feet per second under the full range of stage and discharge.
Velocity is to be computed on the basis of the net area of opening
through the rack; 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 BMPs shall include escape provisions as follows:
(a)
If a stormwater management BMP has an outlet structure, escape provisions shall be incorporated in or on the structure. Escape provisions include the installation of permanent ladders, steps, rungs, or other features that provide easily accessible means of egress from stormwater management BMPs. With the prior approval of the municipality pursuant to Subsection 9-10.10c, 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 BMPs 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 Subsection 9-10.10e for an illustration of safety ledges in a stormwater management BMP; and
(c)
In new stormwater management BMPs, 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 BMPs 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
 |
a.
Submission
of Site Development Stormwater Plan.
1.
Whenever an applicant seeks municipal approval of a development subject to this ordinance, the applicant shall submit all of the required components of the Checklist for the Site Development Stormwater Plan at Subsection 9-10.11c 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 this ordinance.
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 this
ordinance.
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 Subsection 9-10.5 through Subsection 9-10.6 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 Subsection 9-10.6 of this ordinance.
(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 Subsection 9-10.12.
8.
Waiver from Submission Requirements. The municipal official or board reviewing an application under this ordinance may, in consultation with the municipality’s review engineer, waive submission of any of the requirements in Subsection 9-10.11c1 through 6 of this ordinance 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.
b.
General
Maintenance.
1.
The
design engineer shall prepare a maintenance plan for the stormwater
management measures incorporated into the design of a major development.
2.
The maintenance plan shall contain specific preventative maintenance tasks and schedules; cost estimates, including estimated cost of sediment, debris, or trash removal; and the name, address, and telephone number of the person or persons responsible for preventative and corrective maintenance (including replacement). The plan shall contain information on BMP location, design, ownership, maintenance tasks and frequencies, and other details as specified in Chapter 8 of the NJ BMP 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 Subsection 9-10.12b3 above is not a public agency, the maintenance plan and any future revisions based on Subsection 9-10.12b7 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 Subsection 9-10.12b3 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
8.
The requirements of Subsection 9-10.12b3 and 4 do not apply to stormwater management facilities that are dedicated to and accepted by the municipality or another governmental agency, subject to all applicable municipal stormwater general permit conditions, as issued by the Department.
Maintenance and inspection guidance can be found on the Department’s
website at: https://www.njstormwater.org/maintenance_guidance.htm.
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
Any person(s) who erects, constructs, alters, repairs, converts, maintains, or uses any building, structure or land in violation of this article shall be subject to the general penalty provisions of Chapter 3 of the Code of the Borough of Harvey Cedars and a fine not to exceed $2,000.
The following fees shall apply to this chapter:
This article shall take effect immediately upon the approval
by the County review agency, or 60 days from the receipt of the ordinance
by the county review agency if the county review agency fail to act.
If the provision of any section, subsection, paragraph, subdivision,
or clause of this article shall be judged invalid by a court of competent
jurisdiction, such order shall not affect or invalidate the remainder
of any section, subsection, paragraph, subdivision, or clause of this
article
[Ord. No. 2021-02]
a.
A waiver from strict compliance with the requirements of Subsection 9-10.5f and Subsection 9-10.6g may be issued in those cases where an applicant has demonstrated the inability or impracticality of strict compliance, other than projects addressed under Subsection 9-10.5 with the stormwater management requirements set forth in N.J.A.C. 7:8, in an adopted regional stormwater management plan, or in a local ordinance which is as strict as N.J.A.C. 7:8. A waiver from strict compliance for such projects can only be obtained if the applicant agrees to undertake a suitable mitigation measure identified in the mitigation section of the municipality's stormwater management plan. In such cases, the applicant must submit a mitigation plan detailing how the project's failure to strictly comply will be compensated. In cases where a waiver is granted, an applicant should provide mitigation, if possible and/or practical within the same HUC-14 watershed within which the subject project is proposed, or contribute funding toward a regional stormwater control project, or provide for equivalent treatment at an alternate location, or other equivalent water quality benefit, in lieu of implementing the required stormwater control measures on his specific site.
Any project considered major development does not need a waiver
if alternative design standards that are at least as protective as
would be achieved through N.J.A.C. 7:8 are applicable under a regional
stormwater plan or a water quality management plan. The Borough may
also grant a variance or exemption from the design and performance
standards for stormwater management measures set forth in the plan
and ordinance, provided the plan include a mitigation plan and the
Borough submits a written report to the county review agency describing
the variance or exemption and required mitigation.
b.
Any project
that is defined as minor development is exempt from strict compliance
with this chapter and does not need a waiver. However, minor development,
which includes all residential construction on individual lots, shall
provide stormwater control as follows:
1.
Install
leaders and gutters on all roof areas.
2.
Install
one linear foot of twelve-inch perforated drainage pipe per 100 square
foot of building coverage in a stone trench and connect same to the
roof leaders as shown on Detail A, entitled "Subsurface Infiltration
System."[1]
[1]
Editor’s Note: Detail A is included as an attachment
to this chapter.
3.
In order
to ensure proper drainage and to avoid impacts to neighboring properties,
all residential construction is required to maintain proper drainage.
In lots that require fill, a drainage system of perforated piping
shall be installed to provide positive drainage and discharge to the
municipal street. The developer of any lot may install a drainage
system on one or both sides of the structure and all roof leaders
shall be tied into the system for positive discharge at the roadway.
Roof leaders on lagoon or bayfront lots may be discharged directly
to the lagoon or bay via an individualized piping system. Detail B
for lots West of Long Beach Boulevard and Detail C for lots East of
Long Beach Boulevard are provided at the end of this chapter.
4.
All
retaining walls shall be installed with an impermeable barrier to
avoid seepage of water through the walls.
5.
A plot
plan showing all grading and drainage shall be submitted for review.
6.
Retaining
walls and fill must be installed prior to construction.
An ordinance requiring the retrofitting of existing storm drain
inlets which are in direct contact with repaving, repairing, reconstruction,
or resurfacing or alterations of facilities on private property, to
prevent the discharge of solids and floatables (such as plastic bottles,
cans, food wrappers and other litter) to the municipal separate storm
sewer system(s) operated by the Borough of Harvey Cedars so as to
protect public health, safety and welfare, and to prescribe penalties
for the failure to comply.
No person in control of private property (except a residential
lot with one single family house) shall authorize the repaving, repairing
(excluding the repair of individual potholes), resurfacing (including
top coating or chip sealing with asphalt emulsion or a thin base of
hot bitumen), reconstructing or altering any surface that is in direct
contact with an existing storm drain inlet on that property unless
the storm drain inlet either:
Storm drain inlets identified in Subsection 9-11.2 above shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets. For purposes of this paragraph, “solid and floatable materials” means sediment, debris, trash, and other floating, suspended, or settleable solids. For exemptions to this standard see below.
a.
Design
engineers shall use either of the following grates whenever they use
a grate in pavement or another ground surface to collect stormwater
from that surface into a storm drain or surface water body under that
grate:
1.
The New
Jersey Department of Transportation (NJDOT) bicycle safe grate, which
is described in Chapter 2.4 of the NJDOT Bicycle Compatible Roadways
and Bikeways Planning and Design Guidelines (April 1996); or
2.
A different
grate, if each individual clear space in that grate has an area of
no more than 7.0 square inches, or is no greater than 0.5 inches across
the smallest dimension.
|
Examples of grates subject to this standard include grates in
grate inlets, the grate portion (non-curb-opening portion) of combination
inlets, grates on storm sewer manholes, ditch grates, trench grates,
and grates of spacer bars in slotted drains. Examples of ground surfaces
include surfaces of roads (including bridges), driveways, parking
areas, bikeways, plazas, sidewalks, lawns, fields, open channels,
and stormwater basin floors.
|
b.
Whenever
design engineers use a curb-opening inlet, the clear space in that
curb opening (or each individual clear space, if the curb opening
has two or more clear spaces) shall have an area of no more than 7.0
square inches, or be no greater than 2.0 inches across the smallest
dimension.
c.
Exemptions.
This standard does not apply:
1.
Where
the municipal engineer agrees that this standard would cause inadequate
hydraulic performance that could not practicably be overcome by using
additional or larger storm drain inlets that meet these standards;
2.
Where
flows are conveyed through any device (e.g., end of pipe netting facility,
manufactured treatment device, or a catch basin hood) that is designed,
at a minimum, to prevent delivery of all solid and floatable materials
that could not pass through one of the following:
3.
Where
flows are conveyed through a trash rack that has parallel bars with
one-inch spacing between the bars; or
4.
Where
the New Jersey Department of Environmental Protection determines,
pursuant to the New Jersey Register of Historic Places Rules at NJAC
7:4-7.2(c), that action to meet this standard is an undertaking that
constitutes an encroachment of will damage or destroy the New Jersey
Register listed historic property.
[Ord. No. 2010-17]
An ordinance requiring dumpsters and other refuse containers
that are outdoors or exposed to stormwater to be covered at all times
and prohibits the spilling, dumping, leaking, or otherwise discharge
of liquids, semi-liquids or solids from the containers to the municipal
separate storm sewer system(s) operated by the Borough of Harvey Cedars
and/or the waters of the State so as to protect public health, safety
and welfare, and to prescribe penalties for the failure to comply.
Any person who controls, whether owned, leased, or operated
a refuse container or dumpster must ensure that such container or
dumpster is covered at all times and shall prevent refuse from spilling
out or overflowing.
Any person who owns, leases, or otherwise uses a refuse container
or dumpster must ensure that such container or dumpster does not leak
or otherwise discharge liquids, semi-liquids or solids to the municipal
separate storm sewer system(s) operated by the Borough of Harvey Cedars.
Refer to Subsection 3-1.20 for additional litter container regulations.
