The development shall incorporate a maintenance plan for the stormwater management measures incorporated into the design of a major development in accordance with Article
X.
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
muhlenbergii (bog turtle).
The following linear development projects are exempt from the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity requirements of §§
173-22,
173-23 and
173-24:
A. The construction of an underground utility line, provided that the
disturbed areas are revegetated upon completion;
B. The construction of an aboveground utility line, provided that the
existing conditions are maintained to the maximum extent practicable;
and
C. 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.
A waiver from strict compliance from the green infrastructure, groundwater recharge, stormwater runoff quality, and stormwater runoff quantity requirements of §§
173-21,
173-22,
173-23 and
173-24 may be obtained for the enlargement of an existing public roadway or railroad, or the construction or enlargement of a public pedestrian access, provided that the following conditions are met:
A. The applicant demonstrates that there is a public need for the project
that cannot be accomplished by any other means;
B. The applicant demonstrates through an alternatives analysis that, through the use of stormwater management measures, the option selected complies with the requirements of §§
173-21,
173-22,
173-23 and
173-24 to the maximum extent practicable;
C. The applicant demonstrates that, in order to meet the requirements of §§
173-21,
173-22,
173-23 and
173-24, existing structures currently in use, such as homes and buildings, would need to be condemned; and
D. The applicant demonstrates that it does not own or have other rights to areas, including the potential to obtain through condemnation lands not falling under Subsection
C above within the upstream drainage area of the receiving stream, that would provide additional opportunities to mitigate the requirements of §§
173-21,
173-22,
173-23 and
173-24 that were not achievable on site.
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 §
173-27B. Alternative stormwater management measures may be used to satisfy the requirements at §
173-21 only if the measures meet the definition of green infrastructure at Article
II. Alternative stormwater management measures that function in a similar manner to a BMP listed at §
173-21B are subject to the contributory drainage area limitation specified at §
173-21B for that similarly functioning BMP. Alternative stormwater management measures approved in accordance with this section that do not function in a similar manner to any BMP listed at §
173-21B 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 §
173-11 is granted from §
173-21.
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.
Design standards for stormwater management measures are as follows:
A. 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);
B. Stormwater management measures shall be designed to minimize maintenance, facilitate maintenance and repairs, and ensure proper functioning. Trash racks shall be installed at the intake to the outlet structure, as appropriate, and shall have parallel bars with one-inch spacing between the bars to the elevation of the water quality design storm. For elevations higher than the water quality design storm, the parallel bars at the outlet structure shall be spaced no greater than 1/3 the width of the diameter of the orifice or 1/3 the width of the weir, with a minimum spacing between bars of one inch and a maximum spacing between bars of six inches. In addition, the design of trash racks must comply with the requirements of §
173-30;
C. 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;
D. Stormwater management BMPs shall be designed to meet the minimum safety standards for stormwater management BMPs at Article
VIII; and
E. 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.
Manufactured treatment devices may be used to meet the requirements of this article, 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 Article
II may be used only under the circumstances described at §
173-21D.
Any application for a new agricultural development that meets the definition of major development at Article
II shall be submitted to the Soil Conservation District for review and approval in accordance with the requirements at §§
173-21,
173-22,
173-23 and
173-24 and any applicable Soil Conservation District guidelines for stormwater runoff quantity and erosion control. For purposes of this section, "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.
If there is more than one drainage area, the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at §§
173-22,
173-23 and
173-24 shall be met in each drainage area, unless the runoff from the drainage areas converage on site and no adverse environmental impact would occur as a result of compliance with any one or more of the individual standards being determined utilizing a weighted average of the results achieved for that individual standard across the affected drainage areas.
Any stormwater management measure authorized under the municipal stormwater management plan or ordinance shall be reflected in a deed notice recorded in the {insert Office of the County Clerk or the registrar of deeds and mortgages of the county in which the development, project, project site, or mitigation area containing the stormwater management measure is located, as appropriate, to the municipality}. 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 §§
173-21,
173-22,
173-23 and
173-24 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 purusant to §
173-38E. 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.
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 Article
IV of this chapter 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 {insert appropriate Office of the County Clerk or the registrar of deeds and mortgages, as applies} and shall contain a description and location of the stormwater management measure, as well as reference to the maintenance plan, in accordance with §
173-19 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 §
173-19 above.
This section contains the minimum design and performance standards
for groundwater recharge as follows:
A. The design engineer shall, using the assumptions and factors for stormwater runoff and groundwater recharge calculations at Article
V, either:
(1) 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
(2) 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.
B. This groundwater recharge requirement does not apply to projects within the "urban redevelopment area," or to projects subject to Subsection
C below.
C. The following types of stormwater shall not be recharged:
(1) 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
(2) 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.