[1]
Editor's Note: Ordinance No. 1988-18, adopted on 6-6-88 provided
the original storm water management regulations. This ordinance was
subsequently superseded by Ordinance No. 1990-4.
[Added 2-20-90 by Ord. No. 1990-4]
A.
Flooding in the Township of Barnegat occurs infrequently because
of the low runoff-generating character of the soil and the extensive
areas of wetlands which absorb the impact of runoff. However, as land
is developed, the permeable soils are replaced by the impermeable
surfaces which increase runoff volumes. All future development in
Barnegat Township shall utilize the best available technology to minimize
off-site storm water runoff, increase on-site infiltration, simulate
natural drainage systems and minimize off-site discharge of pollutants
to ground or surface water and encourage natural filtration functions.
B.
The runoff control methods shall be to prevent the rate and volume
of off-site storm water runoff during the construction and operation
of a development under any storm conditions from exceeding the rate
and volume of runoff that would occur under the existing predeveloped
conditions, such as cultivated land, bare earth or partial paving;
the goal of runoff control methods shall be to achieve the runoff
standards for good condition pastureland or woodland (SCS TR-55 Curve
Numbers 60 and 55 respectively), which may result in a greater quantity
of on-site retention and infiltration than under the existing predeveloped
conditions.
C.
General. All streets shall be provided with storm water inlets and
pipes where same may be necessary for proper surface drainage. The
system shall be adequate to carry off and/or store the storm water
and natural drainage water which originates beyond the development
boundaries and passes through the development, calculated on the basis
of maximum potential development permitted. No storm water runoff
or natural drainage water shall be so diverted as to overload existing
drainage systems or to create flooding or the need for additional
drainage structures on other lands without proper and approved provisions
being made for taking care of these conditions, including off-tract
improvements.
[Added 2-20-90 by Ord. No. 1990-4]
Storm water runoff is a natural process of surface hydrology.
Development changes this process as the volume and rate of runoff
increase and as the natural landscape is modified and replaced by
impervious surfaces. Unless managed properly, storm water runoff will
adversely affect the coastal environment in several ways: increased
vegetation, degraded water quality from contaminants in runoff from
paving, increased turgidity, decreased aquatic productivity, lowered
water tables and reduced groundwater quality and supply. The policies
anticipate these concerns and treat a development site as a closed
system within which drainage systems must be designed using the best
available technology to contain runoff and ground and surface water
pollution increases within the site in order to minimize off-site
impacts. A twenty-four (24) hour one hundred (100) year storm standard
for recharge will ensure use of systems of sufficient size to control
off-site impacts from major storms.
[Added 2-20-90 by Ord. No. 1990-4]
A.
No drainage pipe or easement shall be permitted within 25 feet of
any existing or proposed individual sewage disposal system. At least
two feet zero inches of minimum cover over the top of the pipe at
all times, including during construction, must be provided.
B.
Subject to review and approval by the Board, the design of a subdivision
may be modified to take advantage of the natural drainage features
of the land. In such review, the Board will use the following criteria:
(1)
The utilization of the natural drainage system to the extent possible.
(2)
The maintenance of the natural drainage system as much as possible
in its unimproved state.
(3)
When drainage channels are required, wide shallow swales with natural
vegetation will be preferred to other sections.
(4)
The construction of flow-retarding devices, detention areas and recharge
berms to minimum runoff value increased.
(5)
Maintenance of base flow in streams, reservoirs and ponds.
(6)
The reinforcement, improvement and/or extension of the natural drainage
system to such extent as is necessary to eliminate flooding and excess
maintenance requirements.
C.
When a developer or his engineer determines that it will be necessary
to utilize design standards in addition to or other than those minimum
requirements established herein, he is advised to consult with the
Board Engineer prior to the beginning of his detailed design for review
and approval of his proposed design standards. Standards utilized
should generally be nationally recognized and in common use in this
area.
D.
When the Board finds it necessary, it may waive any or all of the requirements established herein, except the requirements of Article XIX, Standards for Development in the Pinelands Area, §§ 55-291—55-301, which were established for the purpose of conformity with the Pinelands Comprehensive Management Plan, and may require additional information, in accordance with N.J.S.A. 40:55D-51.
E.
All development applications must be accompanied by the drainage
area map and drainage calculations.
(1)
Calculations shall include the results of test pits, soil borings
and percolation tests, which shall be performed at each disposal area
and at a rate of one percolation test and test pit per 7,500 square
feet of recharge area. The percolation test results shall include
a description of the test, the depth at which the test was conducted
and a description of the soils encountered. The test pits shall be
at the depth of the bottom of the recharge system. Depth to seasonal
high water shall also be shown.
(2)
Percolation tests and reports.
(a)
At least one percolation test shall be performed at the site
of each disposal area. More than one test will be required where the
soil structure may vary or large disposal areas are required open
to the atmosphere for periods over three days or in frozen ground.
Tests shall not be made in filled ground unless the soil has been
compacted or allowed to settle to the satisfaction of the Board Engineer.
(b)
Percolation tests shall be performed in accordance with the
following procedures:
[1]
Step 1. Prepare a test hole in the undisturbed soil at the depth
intended to be used for disposal purposes, having horizontal dimensions
of eight inches to 12 inches. Means may be used to protect the soil
in the test hole from becoming clogged with silt and clay particles.
Establish a fixed point at the top of the hole from which all measurements
shall be taken. Fill the hole with water and allow all of the water
to drain into the soil. Record accurately the dimensions of the test
hole.
[2]
Step 2. Fill the hole to a depth of approximately seven inches.
At a five- to thirty-minute time interval, depending on the rate of
fall, record the drop in water level in inches during the time interval
selected. Immediately refill the hole to the original depth of approximately
seven inches, and repeat the test using the same time interval and
method. Repeat this procedure until the distance that the water has
fallen in the time interval selected becomes approximately equal.
(Steps 3 and 4 shall follow immediately.)
[3]
Step 3. Remove any silt accumulation or debris remaining in
the hole.
[4]
Step 4. Refill the hole to a depth of seven inches as quickly
as possible and record the time required for only six inches of the
water to seep away. This time divided by six will be the percolation
rate in minutes per inch.
(c)
Reports shall be furnished to the Planning Board Engineer indicating
the result of each percolation test in minutes per inch (including
unacceptable rates), the date of the test, the effect of recent rain
or lack of rain, the apparent moisture of the soil prior to the test,
the depth to the underground when encountered, the number of preliminary
tests made to determine apparent saturation and the type or types
of soil encountered, using the Unified Soil Classification System
or such other system as approved by the Department, together with
the thickness of each layer and all other factors affecting percolation
test results.
(3)
Soil geology and groundwater.
(a)
The Board Engineer may require additional information relative
to soil structure, geology and groundwater elevations adjacent to
or below the proposed disposal area. However, the following information
shall be required in all cases:
[1]
The number of test borings or pits shall be as specified by
this article.
[2]
The depth of test borings or pits shall be 10 feet or to bedrock
when encountered. If seepage pits are proposed, test borings or test
pits shall be to a depth of eight feet below the bottom of the proposed
seepage pits or to bedrock when encountered. Power augers may be used
to advance or clean out test holes to sampling depths but may not
be used to retrieve soil samples or other sampling devices may be
used which retrieve a relatively undisturbed soil sample. Hand augers
may be used as long as the test hole remains open and does not cave
or slump.
[3]
Reports of the type, nature and depth of the soil as found and
depth to groundwater when encountered shall be shown on the plans.
Sieve analyses shall be performed on soil samples. The effective size
and uniformity coefficient of the soils shall be determined and the
results submitted with the application. Requests by the Board Engineer
for soil samples shall be made prior to the completion of the tests.
An adjusted seasonal high water table shall be determined based on
actual measurements to the water table (performed from January to
April, inclusive) as adjusted by mottling of the soil horizons contained
within the test hole or pit.
[4]
Locations and results of percolation tests, locations of soil
borings and boring logs shall be shown on the plans.
F.
Roof drains and sump pumps.
[Added 5-7-2019 by Ord.
No. 2019-8]
(1)
All roof drains shall be piped to the street and away from adjoining
properties or structures to ensure that the water collected from the
roof is discharged to the street.
(2)
All sump pumps shall direct drainage therefrom to be directed into
the streets and away from adjoining properties to ensure that water
collected is discharged into the street.
[Added 2-20-90 by Ord. No. 1990-4]
A.
The duration of a storm used in computing storm water runoff shall
be the equivalent of the time required for water falling at the most
remote point of the drainage area to reach the point in the drainage
system under consideration.
B.
No pipe size in any storm drainage system shall be less than fifteen
(15) inch diameter reinforced concrete pipe or its equivalent.
C.
Dished gutters shall not be permitted on any streets and intersections.
D.
Storm Drain Pipe Specifications.
(1)
Nonperforated storm-drain pipes shall be reinforced concrete pipe
in all cases and shall be of the size specified and laid to the exact
inches and grades approved by the Board Engineer. Reinforced concrete
pipe shall conform to the most current American Society for Testing
and Measurement Specifications C76. All pipe shall be Class III, Wall
B strength except where stronger pipe is required as determined by
the Board Engineer. All pipe shall be designed for American Association
of State Highway Officials H20-44 loading and shall meet the minimum
cover requirements. In locations other than within the right-of-way
of public roads where, because of severe topographic conditions or
the desire to minimize the destruction of trees and vegetation, corrugated
aluminum pipe, pipe arch, or high-density corrugated polyethylene
smooth interior pipe (ADS N-12 or equal) manufactured in accordance
with AASHTO M-294 may be used. The material used shall comply with
the Standard Specifications for Corrugated Aluminum Alloy Culvert
Pipe and Pipe Arch, American Association of State Highway Officials
Designation M-196-62 or the Standard Specification for Aluminum Alloy
Helical Pipe, American Association of State Highway Officials Designation
M-211-65. The minimum thickness of the aluminum pipe to be used shall
be in accordance with NJDOT or Ocean County standard specifications,
whichever is more stringent.
(2)
Perforated storm drain pipes shall be reinforced concrete pipe or
high-density corrugated polyethylene smooth interior pipe (ADS N-12
or equal). If either perforated reinforced concrete pipe or smooth-interior
polyethylene pipe is not readily available in the sizes required,
then the Township Engineer may permit the use of smooth wall aluminum
alloy pipe. All perforated pipe shall be perforated a full three hundred
sixty (360°) degrees around the circumference of the pipe and
the materials shall conform to the specifications contained in paragraph
(1) above.
E.
For all development, blocks and lots shall be graded to secure property
drainage away from all buildings and to prevent the collection of
storm water in pools and to avoid concentration of storm water from
each lot to adjacent lots. Easements or rights-of-way shall be required
where storm drains are installed outside streets.
F.
Fill material for lot grading shall have a percolation rate equal
to or greater than existing soil conditions. Fill material shall be
as free of clay soils as possible. Sieve analyses shall be performed
on representative soil samples of all fill material and the effective
size and the uniformity coefficient determined. Fill material shall
meet or exceed the quality of the existing soil as determined by the
sieve analyses.
G.
Runoff. All storm drains shall be designed to carry the peak discharge
from the entire upstream watershed. The peak discharge shall be determined
by the rational method or the Soil Conservation Service tabular method
as defined in the United States Department of Agriculture, Soil Conservation
Service, Urban Hydrology for Small Watersheds, Technical Release No.
55, latest edition. In the Pinelands peak discharge shall be computed
for the fifty (50) year, twenty-four (24) hour storm using Soil Conservation
Service TR 55 only.
H.
Conduit Sizing. The sizing of conduit for the transmission of storm
flow shall be determined by the use of the Manning Formula.
I.
Coefficient of Runoff.
(1)
The following minimum coefficients shall be used in determining runoff
from all off-site contribution areas based upon permitted land use
as determined by the current Zoning Ordinance:
(a)
Residential use, lot size one (1) acre or greater: C=0.30.
(b)
Residential use, lot size twenty thousand (20,000) square feet
or greater but less than one (1) acre: C=0.40.
(c)
Residential use, lot size less than twenty thousand (20,000)
square feet: C=0.50.
(d)
Multifamily use: C=0.70.
(e)
Commercial use: C=0.85.
(f)
Industrial use: C=0.80.
(g)
Parks and other permanent open space: C=0.2.
(2)
In lieu of more detailed analysis, the above values shall also be
used to determine the runoff from the on-site contributing areas.
If the designer wishes to present a more detailed analysis, the following
coefficients shall be used in determining the average overall coefficient:
J.
Intensity of Rainfall.
(1)
All subdivision and site plan drainage collection systems shall be
designed for a ten (10) year frequency of rainfall, or if the above
results in a conduit size at least equivalent to a twenty-seven inch
reinforced concrete pipe, then a twenty-five year frequency of rainfall
shall be used, or if the above results in a conduit size at least
equivalent to a fifty-four (54) inch reinforced concrete pipe, then
a fifty (50) year frequency of rainfall shall be used, using the applicable
time of concentration.
(2)
Rainfall data shall be taken from the United States Department of
Commerce Technical Paper No. 25, Rainfall Intensity/Duration/Frequency
Curves, using the Atlantic City weather station data. Stream relocations,
bridges, box culverts, pipes over seventy-two (72) inches in diameter
and other critical waterways, as determined by the Board Engineer,
shall be designed for a one hundred (100) year frequency of rainfall.
In all cases, grading should be arranged so that flood damage to buildings
and parked motor vehicles can be eliminated.
K.
Coefficient of Roughness.
(1)
The following coefficient of roughness shall be used in the Manning
Formula to determine pipe capacity:
(a)
Concrete pipe: C=0.013.
(b)
Concrete pipe box culverts: C=0.015.
(c)
Corrugated metal pipe/pipe arch, two and two-thirds by one half
(2 2/3 x 1/2) corr.: C=0.024.
(d)
Corrugated metal pipe, three by one (3 x 1) corr.: C=0.026.
(e)
Corrugated metal pipe/pipe arch (fully paved): C=0.015.
(f)
Corrugated metal pipe arch (paved invert): C=0.019.
L.
Velocity Restrictions. In general, velocities in closed conduits
at design flow should be at least two and one-half (2 1/2) feet
per second but not more than velocity which will cause erosion damage
to the conduit. In general, velocities in open channels at design
flow shall not be less than five-tenths (5/10) foot per second and
not greater than that velocity which will begin to cause erosion or
scouring of the channel. For unlined earth channels, the maximum velocity
allowed will be one and three fourth (1 3/4) feet per second.
For other channels, sufficient design data and soil tests to the subdivider
and shall be made available to the Board at the time of drainage review.
At the transition between closed conduits and open channels or different
types of open channels, suitable provisions must be made to accommodate
the velocity transitions. These provisions may include riprapping,
gabions, lining, aprons or chutes and checks all suitably detailed
and approved. All inlets shall be equipped with oil/grease and grit
separators.
M.
Drainage Structures. All drainage structures, including manholes,
inlets, headwalls, sections and box culverts, shall conform to the
current details of the New Jersey Department of Transportation. Unless
approved otherwise by the Board Engineer, all curb inlets shall be
standard Type C with curbpiece heights equal to the exposed curb face
of the adjacent curb, plus two (2) inches. All lawn inlets shall be
standard Type E. When the pipe is such as to require a larger structure,
standard Type C1 or C2, E1 and E2 shall be used. If still larger sizes
are required, they shall be specifically detailed using standard frames
and grates.
N.
Inlet Capacity. The maximum collecting capacity of an inlet shall
be five (5) cubic feet per second for Type C inlets and five (5) cubic
feet per second for Type E inlets, and in addition, gutter flow shall
also be limited to provide a maximum gutterflow surface width of eight
(8) feet.
O.
Inlet Location and Spacing. Inlets shall be located as follows: at
all street low points; in all gutters spaced to ensure that the runoff
to each inlet does not exceed the collecting capacity as previously
established; in yards and swales as required; and as required at intersections
to eliminate rocker gutters. In no event shall inlets be placed more
than six hundred (600) feet apart.
P.
Alignment. Curved alignments shall not be permitted. All pipes shall
be constructed on a tangent alignment.
Q.
End Section. All discharge pipe shall terminate with an end section
of straight cast-in-place concrete or cast-in-place concrete with
flared wing walls. Safety gratings shall be installed on all end sections
to prohibit entry into pipes.
R.
Inlets, Catch Basins and Manholes.
(1)
Inlets, catch basins and manholes shall be designed in accordance
with State Highway Department Standard Plans and Specifications. Frames
and grates shall be Campbell Foundry Company Pattern No. 2617 Bicycle
Grates with stream-flowing grating or equal.
(2)
Manhole spacing shall be increased with pipe size.
|
Pipe Size
(inches)
|
Manhole Spacing
(feet)
|
|---|---|
|
15 or less
|
500
|
|
18 to 36
|
600
|
|
42 to 60
|
700
|
|
60+
|
700+
|
(3)
Manholes shall be precast concrete, or brick or concrete block coated
with two (2) coats of Portland cement mortar.
(4)
If precast manhole barrels and cones are used, they shall conform
to ASTM Specification C-473 with round rubber-gasketed joints, conforming
to ASTM Specification C-923. Maximum absorption shall be eight percent
(8%) in accordance with ASTM Specification C-478, Method A.
(5)
If precast manholes are utilized, the top rise section shall terminate
less than one (1) foot below the finished grade, and the manhole cover
shall be flush with the finished grade.
(6)
Manhole frames and covers shall be of cast iron conforming to ASTM
Specifications A-48 Class 30 and shall be suitable for H-20 loading
capacity. All manhole covers in rights-of-way or in remote areas shall
be provided with a locking device. The letters "Year 20__," and the
words "STORM SEWER" shall be cast integrally in the cover.
(7)
Inlets, catch basins and manholes shall be trapped, if and where
necessary, to provide for oil and grease separation and siltation
and to prevent discharge of same to downstream systems. Locations
of proposed traps shall be approved by the Engineer.
S.
Open Channels. Generally unlined open channel cross sections shall
have side slopes not steeper than four to one (4:1) for channel depths
of two (2) feet or less and not steeper than six to one (6:1) for
channel depths of more than two (2) feet. Lined open-channel side
slopes shall not be steeper than two to one (2:1). The bottom of all
unlined open channels and the channel side slopes to at least the
design flow level will be sodded with suitable course grass sod. All
unlined open-channel side slopes above the design minimum flow level
will be topsoiled and seeded or otherwise suitably stabilized in accordance
with an approved soil disturbance permit. All unlined open channels
which can be expected to have a base flow of five (5) cubic feet per
second or more for at least two (2) out of every twelve (12) months
will be provided with a low-flow channel, using gabions, riprap, lining,
one-third (1/3) pipe sections or other arrangements approved as part
of the final plat submission.
T.
New Jersey Department of Environmental Protection Jurisdiction. All
drainage facilities carrying runoff from tributary areas larger than
one-half (1/2) square mile or located within a floodplain must have
the approval of the New Jersey Division of Water Policy and Supply
for approval in accordance with statute. The state may retain jurisdiction,
in which case a permit will be necessary as set forth, or may refer
the matter to the Township Engineer for review.
U.
Nonpipe Culverts. All nonpipe culverts shall be designed for American
Association of State Highway Officials H20-44 loading. All culverts
of any type shall be carried to the roadway right-of-way and shall
terminate with headwalls or other approved end treatment. All conduits
terminating or beginning in open channels shall be provided with headwalls
or other appropriate end treatment.
V.
Lakes. Any lake construction in upland areas to provide waterfront
lots for a residential development shall have a minimum area covered
by water of at least five (5) acres and an average depth of water
of not less than three (3) feet from May 1 to September 1 of each
year.
W.
Guiderails. Guiderails and/or railing shall be placed at all drainage
structures where the interests of pedestrians or vehicular safety
would dictate. The Board may require that any open channel other than
naturally occurring streams be fenced with forty-eight (48) inch chain
link fencing if the banks of the channel are steeper than one (1)
foot vertical for every four (4) feet horizontal and either the total
depth of the channel exceeds four (4) feet or the channel would be
expected to have a depth of flow greater than two (2) feet more often
than once every ten (10) years. For maintenance purposes, gates may
be required by the Board at specific intervals.
[Added 2-20-90 by Ord. No. 1990-4]
A.
Preference shall be given to open-ended underground recharge systems
to handle storm water runoff. Where underground recharge is impossible
or impractical, as determined by the Board, other approved methods
of storm water runoff control utilizing the best available technology
shall be employed. The "best available technology" may include measures,
such as retention basins, recharge trenches, porous paving and piping,
contour terraces and swales, provided that such techniques can be
demonstrated to satisfy these policies. If the applicant requests
a waiver of the requirements of this section based on underground
recharge being impossible or impractical, then the applicant must
submit with the application an engineering report containing all of
the information required of this section and a detailed explanation
as to the reasons for the request for a waiver and an evaluation of
the alternatives to subsurface recharge.
B.
The off-site storm water sewers may not discharge into sanitary sewer
systems.
C.
Nonpoint source pollution from urban runoff can be minimized by eliminating
direct discharge into surface waters. Recharging storm water to the
ground helps maintain groundwater supplies but may have an impact
on groundwater quality, if not properly treated. The amount of pollutants
in the storm water runoff discharge to surface water bodies shall
be minimized, and the impact of the discharge shall satisfy the applicable
Department of Environmental Protection established surface water quality
standards of the receiving water body, using measures such as sediment
traps, oil skimmers and vacuum street cleaners. Pollutants of major
concern include petrochemicals and heavy metals from vehicle spillage,
deicing salts, aromatic hydrocarbons from blacktop paving, pesticides,
herbicides and fertilizers from lawn and garden areas. Separation
of storm water shall be required to allow for direct recharge using
dry wells of pollutant-free runoff from places such as rooftops. Runoff
contaminated with metals, oils, grease or animal waste should be treated
by vegetal filtration prior to recharge.
D.
If off-site discharge is permitted by the Board, except in the Pinelands
area where such storm water release shall be strictly prohibited,
then the volume and quality of storm water discharge off-site shall
be controlled so as not to cause any adverse impacts to the receiving
water body and must conform to the requirements of the Department
of Environmental Protection Stream Encroachment Permit Program and
rules. Where practicable, storm water should not be recharged into
soils which are classified as excessively or somewhat excessively
drained nor into areas identified as deep aquifer recharge areas.
The application of road oils, which is sometimes used as a dust control
measure, shall be prohibited.
E.
Storm water runoff volume calculations shall be developed using an
acceptable method of determining discharge, as defined in United States
Department of Agriculture, Soil Conservation Service, Urban Hydrology
for Small Watersheds, Technical Release No. 55, latest edition, for
Type III storms. Curve numbers shall be computed weighted averages
from proposed conditions and not typical "Residential Values" as published
in Technical Release No. 55. Predevelopment curve numbers shall be
computed for the tract prior to any development and shall be representative
of good condition pastureland or woodlands. The design storm shall
be the fifty (50) year, twenty-four (24) hour storm for lands regulated
by the Pinelands Commission and the one hundred (100) year, twenty-four
(24) hour storm for lands not regulated by the Pinelands Commission.
Calculations shall be submitted on a form acceptable to the Township
Engineer.
F.
Discharge of runoff into lakes, ponds and reservoirs shall be discouraged
and in the Pinelands area of the township strictly prohibited, as
these sites have a severely limited ability to flush pollutants, owing
to limited freshwater in flow and lack of tidal inundation. Pollutants
which enter these areas can precipitate to the bottom, remaining a
continuing source of contamination. Certain lakes, ponds and reservoirs
also serve as potable water sources. No direct discharge of storm
water runoff into wetlands shall be permitted.
G.
Coastal development shall avoid discharging of runoff to groundwater
on high-permeability moist soils to the maximum extent possible.
H.
In those areas requiring special attention, provisions shall be provided
by this chapter requiring storm water runoff management plans to maximize
recharge of runoff to the groundwater using natural drainage concepts,
such as gravel driveways and dry wells for roof runoff, rather than
large infiltration systems.
I.
It is also recommended that the Soil Conservation Districts and county
engineering departments review storm water runoff management plans
and that the soil erosion and sediment control standards promulgated
pursuant to the Soil Erosion and Sediment Control Act of 1975, and
revised July 1980, be used as interim design standards.
J.
Except as otherwise provided in this chapter, Storm water Recharge
Systems shall be designed as either totally underground or a combination
of underground recharge and surface retention in accordance with this
subsection. Calculations shall be presented on worksheets acceptable
to the Township Engineer.
(1)
For all projects within the Pinelands, storm water disposal systems
shall be sized to store the difference between the postdevelopment
and predevelopment runoff for the twenty-four (24) hour duration fifty
(50) year storm. If a combination underground recharge, surface retention
system is proposed, the underground system shall be sized to store
the difference between postdevelopment and predevelopment runoff for
the twenty-five (25) year twenty-four (24) hour storm with percolation
and exfiltration credits as established in this section. The basin
shall be sized to store the difference in postdevelopment minus predevelopment
runoff for the fifty (50) year twenty-four (24) hour storm plus the
percolation and exfiltration credits.
(2)
For projects outside Pinelands and greater than one (1) acre, the
storm water disposal system shall be sized to store the difference
between the postdevelopment and predevelopment runoff for the one
hundred (100) year twenty-four (24) hour storm. If a combination underground
recharge, surface retention system is proposed, the underground system
shall be sized to store the difference between postdevelopment and
predevelopment runoff for the twenty-five (25) year twenty-four (24)
hour storm with percolation and exfiltration credits as established
in this section. The basin shall be sized to store the difference
in postdevelopment minus predevelopment runoff for the one hundred
(100) year twenty-four (24) hour storm minus the twenty-five (25)
year twenty-four (24) hour storm plus the exfiltration credit.
(3)
For projects outside the Pinelands and equal to or less than one
(1) acre, the storm water disposal system shall be sized to store
the difference between the postdevelopment and predevelopment runoff
for the one hundred (100) year twenty-four (24) hour storm with a
credit for percolation and exfiltration as outlined in this section.
A surface retention basin is not required in order to take credits
for percolation and exfiltration.
K.
Approval of any swale, holding pond or basin will be contingent upon
approval of the Mosquito Commission.
L.
The storage volume of the subsurface recharge system may take into
account percolation and exfiltration during the storm event as outlined
in this section:
(1)
Percolation calculations shall include a safety factor of two (2)
and shall be based on actual percolation tests performed at the elevation
of the proposed recharge system. The minimum percolation rate shall
be five (5) minutes per inch after application of the safety factor.
(2)
The volume of percolation shall be calculated using the equations
below:
(a)
|
P =
|
d_____________
1440i (d/2 + h)
|
|
Where P =
|
Percolation rate in cubic feet per second per square foot
|
|
d =
|
Diameter of percolation test hole in inches
|
|
i =
|
Percolation test result in minutes per inch, adjusted by appropriate
safety factor (minimum value = 5 min./inch)
|
|
h =
|
Depth of water in percolation test hole at start of test in
inches
|
(b)
Vp =(P) (A) (t)
|
Where Vp =
|
Volume of percolation during storm event in cubic feet.
|
|
A =
|
Side area of subsurface disposal system in square feet.
|
|
t =
|
Percolation credit time interval in seconds.
|
(c)
The time interval shall be the width of the base of the peak
of the postdevelopment hydrograph using TR-55. This width shall be
computed by constructing a straight line tangent to the steepest portion
of each side of the peak of the hydrograph and extending these straight
lines to the time axis. The interval between the intersection of these
two (2) lines and the time interval for the percolation credit (minimum
time interval for the percolation credit) shall be one (1) hour.
(3)
A credit shall be permitted for exfiltration during the initial eleven
(11) hours of the design storm. The volume of exfiltration shall be
estimated by taking one-half (1/2) the eleventh hour postdevelopment
rate of runoff for the site (in c.f.s.) minus one-half (1/2) the eleventh
hour predevelopment rate of runoff for the site (in c.f.s.) times
eleven (11) hours.
M.
The construction of any facility utilized to control on-site runoff
or drainage should be designed to create a more aesthetic and pleasing
environment. To accomplish this, the municipality will require that
plants native to the area and soil be used for landscaping to the
maximum extent feasible. When other ornamental plants are used, they
should be types which are compatible with the natural environment.
Terrestrial vegetation stabilizes soil, retards erosion and runoff,
and promotes infiltration of surface water, reduces the force of wind
and adds to aesthetic values for recreation and domestic life. Trees
release life-giving oxygen, filter particulate pollutants and provide
foods and fuel with no energy input by man.
N.
A revegetation or landscaping plan is to be submitted with each application
site plan utilizing any runoff or drainage control. This plan must
include information on the size of the area to be cleared, soil conditions,
a description of the existing vegetation and description of the vegetation
which will be planted following clearing of any subsequent development.
Season permitting, revegetation shall follow immediately after clearing
or development is completed. Soil stabilization is required.
O.
All storm water disposal systems shall be designed and maintained
such that all runoff will be charged and/or discharged within forty-eight
(48) hours of the end of the storm event.
P.
All underground recharge systems shall be located within roadway
rights-of-way or other dedicated land. Drainage easements will not
be permitted.
Q.
All development shall meet the more stringent surface water runoff standards promulgated by the New Jersey Department of Environmental Protection or as contained in Article XIX, Standards for Development in Pinelands Area, 55-291—55-301.
R.
Surface water runoff shall not be directed in such a way as to increase
the volume and rate of discharge into any surface water body from
that which existed prior to development of the parcel.
[Added 2-20-90 by Ord. No. 1990-4]
A.
Subsurface Recharge Systems.
(1)
Filter material shall cover the distribution lines and extend the
full width of the trench or bed, shall not be less than twelve (12)
inches deep beneath the bottom of the distribution line and shall
extend at least six (6) inches above the top of the line. The filter
material shall be washed gravel, crushed stone, slag or clean bank-run
gravel ranging in size from one and one-half (1 1/2) to two and
one-half (2 1/2) inches, free of fines, dust, ashes or clay.
If used in the calculations of storage capacity, the void volume of
the stone shall be considered as forty percent (40%). The filter material
shall be installed within an envelope of filter fabric of such mesh
designed to inhibit migration of fines through the fabric.
(2)
Distribution lines shall be constructed true to line and grade with
open joints or perforations, except that at least one (1) tight joint
at each bend or other fitting shall be provided to prevent slippage.
Bell-and-spigot pipe shall be laid with one-half (1/2) inch open joints
at two (2) foot intervals, and the bottom of each joint shall contain
a minimum of cement mortar to maintain an even flow line. For single
wall pipe only, distribution lines shall be wrapped with filter fabric
of such mesh design to inhibit migration of fines through the fabric
and into the filter material.
(3)
Distribution lines shall not be laid at depths less than twenty-four
(24) inches below finished grade. The bottom of the trench may be
deepened to within two (2) feet of the seasonal high water tables
or bedrock.
(4)
Excavation for disposal beds or trenches may be made by machinery,
provided that the adjacent soil will not be compacted. No excavating
machinery shall be permitted in the excavation. When an excavation
is carried below the required depth, it shall be brought up to the
proper elevation with filter material as specified in this article.
(5)
Disposal fields shall not be constructed in areas where the seasonal
high water table and/or maximum tide level of the groundwater table
is less than four (4) feet below the proposed finished grade.
(6)
Disposal fields shall not be constructed over impervious ground formations
where such formations are less than ten (10) feet below the finished
ground surface.
(7)
Disposal fields shall not be built up by fill to more than two (2)
feet unless an adequate grading plan has been approved. When disposal
fields are built up by fill to a depth of two (2) feet or more, the
area of such fill shall extend at least twenty (20) feet beyond the
limits of the disposal field, and the fill shall be of earth having
a percolation value of approximately equal to that of the ground over
which the fill is placed. The percolation rates used for the design
of a system in fill shall be the value found in the ground over which
the fill is placed.
(8)
When distribution lines must be laid with changes in either horizontal
or vertical alignment, manholes must be installed at each changed
alignment.
(9)
The percolating area of disposal trenches and pits shall be considered
as the total area of the disposal system in square feet, except that
any section of trench containing pipe lain with tight joints other
than fittings as required in this article shall not be considered
in determining the percolating areas. Bottom or top areas shall not
be included.
(10)
Disposal trenches shall be constructed in accordance with the pipe detail standards contained in § 55-323.
(11)
Catch basin inlets or manholes shall be constructed at the end
of each disposal trench and at intervals not to exceed six hundred
(600) feet.
(12)
Precast concrete leaching pits are permitted for use as subsurface
recharge systems in site plans. When used, each pit shall include
a manhole cover and frame to permit access.
B.
Surface Disposal Systems Such as Swales, Retention Basins or Detention
Basins.
(1)
Detention basins will not be permitted unless the applicant can demonstrate
to the Board that there are no other feasible alternatives and in
the Pinelands area that there will be no increase in the volume and
rate of runoff for a twenty-four (24) hour fifty (50) year storm.
(2)
All storm water management facilities shall conform to the standards
under the New Jersey Storm Water Management Act, N.J.S.A. 40:55D-93
et seq.
(3)
If the basin is classified as a dam, the facility must also comply
with the Dam Safety Standards, N.J.A.C. 7:20.
(4)
Disposal facilities shall be located as far horizontally from surface
water and as far vertically from groundwater as practical.
(5)
Disposal facilities shall not intercept the postdevelopment groundwater
table.
(6)
The following list of general structure criteria shall be used to
design storm water basins. Due to the uniqueness of each storm water
basin and the variability of soil and other site conditions, these
criteria may be modified or appended at the discretion of the Board.
Basin components for retention and detention basins as applicable:
(a)
To minimize the chance of clogging and to facilitate cleaning,
outlet pipes shall be at least six (6) inches in diameter. Similarly,
riser pipes, if utilized, shall be at least eight (8) inches in diameter.
All pipe joints are to be watertight, reinforced concrete pipe. In
addition, trash racks and/or antivortex devices shall be required
where necessary.
(b)
Eight (8) inch thick antiseep collars are to be installed along
outlet pipes. Reinforcement steel shall be No. 5 bars at twelve (12)
inches both ways, with two (2) inches of cover on both faces (minimum).
(c)
Where necessary, a concrete cradle shall be provided for outlet
pipes.
(d)
All principal outlet structures shall be concrete block or reinforced
concrete. All construction joints are to be watertight.
(e)
Suitable lining shall be placed upstream and downstream of principal
outlets as necessary to prevent scour and erosion. Such lining shall
conform to the criteria contained in Hydraulic Engineering Circular
No. 15 — Design of Stable Channels with Flexible Linings, published
by the Federal Highway Administration of the United States Department
of Transportation, or in Standards for Soil Erosion and Sediment Control
in New Jersey, published by the New Jersey State Soil Conservation
Committee.
(f)
Vegetated emergency spillways shall have side slopes not exceeding
three (3) horizontal to one (1) vertical.
(g)
Emergency spillways not excavated from noncompacted soil shall
be suitably lined and shall comply with criteria contained in Hydraulic
Circular No. 15 or in Standards for Soil Erosion and Sediment Control.
Maximum velocities in emergency spillways shall be checked based on
the flow in the spillway resulting from the routed Emergency Spillway
Hydrograph. Where maximum velocities exceed those recommended by the
Soil Conservation Service, suitable lining shall be provided.
(h)
The minimum top widths of all dams and embankments are listed
below. These values have been adopted from the Standards for Soil
Erosion and Sediment Control in New Jersey, published by the New Jersey
State Soil Conservation Committee.
|
Minimum Top Widths
| |
|---|---|
|
Height
(feet)
|
Top Width
(feet)
|
|
0 to 15
|
10
|
|
15 to 20
|
12
|
|
20 to 25
|
14
|
(i)
The design top elevation of all dams and embankments, after
all settlement has taken place, shall be equal to or greater than
the maximum water surface elevation in the basin resulting from the
routed Freeboard Hydrograph. Therefore, the design height of the dam
or embankment, defined as the vertical distance from the top down
to the bottom of the deepest cut, shall be increased by the amount
needed so that the design top elevation will be maintained following
all settlement. This increase shall not be less than five percent
(5%). Where necessary, the Engineer shall require consolidated tests
of the undisturbed foundation soil to more accurately determine the
necessary increase.
(j)
Maximum side slopes for all swales, dams and embankments are
five (5) horizontal to one (1) vertical.
(k)
All earth fill shall be free from rush, roots and other organic
material subject to decomposition.
(l)
Cutoff trenches are to be excavated along the dam or embankment
center line to impervious subsoil or bedrock.
(m)
The fill material in all earth dams and embankments shall be
compacted to at least ninety-five percent (95%) of the maximum density
obtained from compaction tests performed by the appropriate method
in ASTM D698.
(n)
Basins shall have tapered bottoms. No flat bottomed basins will
be permitted.
(7)
Surface disposal systems shall be landscaped in such a manner as
to be aesthetically pleasing and in conformance with the landscaping
plan submitted for the project. Landscaping plans for surface disposal
systems shall conform to the requirements of this chapter.
[Added 2-20-90 by Ord. No. 1990-4]
A.
Responsibility for operation and maintenance facilities, including
periodic removal and disposal of accumulated particulate material
and debris, shall remain with the owner or owners of the property
with permanent arrangements that it shall pass to any successive owner,
unless assumed by a government agency. If portions of the land are
to be sold, legally binding arrangements shall be made to pass the
basic responsibility to successors in title. These arrangements shall
designate for each project the property owner, governmental agency
or other legally established entity to be permanently responsible
for maintenance, hereinafter in the section referred to as the "responsible
person."
B.
Prior to the granting approval to any project subject to review under
this Article, the applicant shall enter into an agreement with the
municipality to ensure the continued operation and maintenance of
the facility. This agreement shall be in a form satisfactory to the
Municipal Attorney and may include, but may not necessarily be limited
to, personal guaranties, deed restrictions, covenants and bonds. In
cases where property is subdivided and sold separately, a homeowners'
association or similar permanent entity should be established as the
responsible entity, absent an agreement by a governmental agency to
assume responsibility.
C.
In the event that the facility becomes a danger to public safety
or public health, or if it is in need of maintenance, the municipality
shall so notify in writing the responsible person. From that notice,
the responsible person shall have fourteen (14) days to effect such
maintenance and repair of the facility in a manner that is approved
by the Township Engineer or his designee. If the responsible person
fails or refuses to perform such maintenance and repair, the municipality
may immediately proceed to do so and shall bill the cost thereof to
the responsible person.
[Added 2-20-90 by Ord. No. 1990-4]
A.
The township shall ascertain in each drainage instance the drainage
area of which the specific subdivision is a part and shall apportion
the fair costs of adequate drainage for the whole drainage area among
the landowners who contribute to or who will contribute to the storm
water runoff if the subdivision is approved.
B.
Each applicant for a subdivision requiring provisions for overall
drainage of storm water runoff shall install an adequate drainage
system in the specific subdivision and shall also pay in cash to the
Township the fair cost so apportioned to the specific subdivision
for the ultimate disposal of the storm water runoff to such ultimate
adequate outlet for final disposal as aforesaid. Each payment made
to the Township shall be held by it in trust until the overall ultimate
disposal system is constructed for the drainage area in question,
at which time the trust funds raised for that drainage area may be
used for such construction in and for that area.
C.
In all major subdivisions, the developer shall be required to post
an off-tract assessment in the amount of two thousand five hundred
($2,500.00) dollars per lot to be used at the Township's discretion
for the maintenance of stormwater collection and disposal systems.
[Amended 7-5-16 by Ord. No. 2016-16]
[Added 2-20-90 by Ord. No. 1990-4]
A.
Any person violating or failing to comply with any of the provisions
of this chapter shall, upon conviction thereof, be punishable by a
fine of not more than one thousand ($1,000.00) dollars or by imprisonment
for a term not to exceed ninety (90) days, or by both such fine and
imprisonment, in the discretion of the Judge. The continuation of
such violation for each successive day shall constitute a separate
offense, and the person or persons allowing or permitting the continuation
of the violation may be punished as provided above for each separate
offense.
B.
The violation of any provision of this chapter shall be subject to
abatement summarily by a restraining order or injunction issued by
a court of competent jurisdiction.
[Added 4-3-06 by Ord. No. 2006-08; amended 3-2-2021 by Ord. No. 2021-6]
A.
Policy statement. Flood control, groundwater recharge, and pollutant
reduction shall be achieved through the use of stormwater management
measures, including green infrastructure best management practices
(GI BMPs) and nonstructural stormwater management strategies. GI BMPs
and low-impact development (LID) should be utilized to meet the goal
of maintaining natural hydrology to reduce stormwater runoff volume,
reduce erosion, encourage infiltration and groundwater recharge, and
reduce pollution. GI BMPs and LID should be developed based upon physical
site conditions and the origin, nature and the anticipated quantity,
or amount, of potential pollutants. Multiple stormwater management
BMPs may be necessary to achieve the established performance standards
for water quality, quantity, and groundwater recharge.
B.
Purpose. The purpose of this section is to establish minimum stormwater management requirements and controls for "major development," as defined below in Subsection 55-329.2.
C.
D.
Compatibility with other permit and ordinance requirements.
(1)
Development approvals issued for subdivisions and site plans
pursuant to this section are to be considered an integral part of
development approvals under the subdivision and site plan review process
and do not relieve the applicant of the responsibility to secure required
permits or approvals for activities regulated by any other applicable
code, rule, act, or ordinance. In their interpretation and application,
the provisions of this section shall be held to be the minimum requirements
for the promotion of the public health, safety, and general welfare.
(2)
This section 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 section
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.
For the purpose of this section, the following terms, phrases,
words and their derivations shall have the meanings stated herein
unless their use in the text of this section clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory. The definitions below are the same as or
based on the corresponding definitions in the Stormwater Management
Rules at N.J.A.C. 7:8-1.2.
Those areas with boundaries incorporated by reference or
revised by the Department in accordance with N.J.A.C. 7:7-13.16.
The geographic depiction of the boundaries for Coastal Planning
Areas, CAFRA Centers, CAFRA Cores and CAFRA Nodes pursuant to N.J.A.C.
7:7E-5B.3. 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 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.
A State Development and Redevelopment Plan Center as designated
by the State Planning Commission such as urban, regional, town, village,
or hamlet.
For the purposes of this section only, 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. "Development"
also means any reconstruction or altering of any service located on
private property, except for residential lots with one single-family
home, that is in direct contact with an existing storm drain inlet
on that property only with respect to the storm drain retrofitting
provisions of this section.
The placement or reconstruction of impervious surface or
motor vehicle surface, or exposure and/or movement of soil or bedrock
or clearing, cutting, or removing of vegetation. Milling and repaving
is not considered disturbance for the purposes of this definition.
A geographic area within which stormwater, sediments, or
dissolved materials drain to a particular receiving water body or
to a particular point along a receiving water body.
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 fourteen-digit hydrologic unit boundary designation, delineated
within New Jersey by the United States Geological Survey.
A surface that has been covered with a layer of material
so that it is highly resistant to infiltration by water.
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.
For the purpose of this section only, an individual "development,"
as well as multiple developments that individually or collectively
result in:
Major development includes all developments that are part of a common plan of development or sale (for example, phased residential development) that collectively or individually meet any one or more of Subsection A(1), (2), (3), or (4) above. Projects undertaken by any government agency that otherwise meet the definition of "major development" but which do not require approval under the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., are also considered "major development."
A land vehicle propelled other than by muscular power, such
as automobiles, motorcycles, auto cycles, 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.
A conveyance or system of conveyances (including roads with
drainage systems, municipal streets, catch basins, curbs, gutters,
ditches, man-made channels, or storm drains) that is owned or operated
by the Township of Barnegat or other public body and is designed and
used for collecting and conveying stormwater.
Any city, borough, town, township, or village.
The manual maintained by the Department providing, in part,
design specifications, removal rates, calculation methods, and soil
testing procedures approved by the Department as being capable of
contributing to the achievement of the stormwater management standards
specified in this chapter. The BMP Manual is periodically amended
by the Department as necessary to provide design specifications on
additional best management practices and new information on already
included practices reflecting the best available current information
regarding the particular practice and the Department's determination
as to the ability of that best management practice to contribute to
compliance with the standards contained in this chapter. Alternative
stormwater management measures, removal rates, or calculation methods
may be utilized, subject to any limitations specified in this chapter,
provided the design engineer demonstrates to the municipality, in
accordance with Subsection 55-329.4E(6) of this section and N.J.A.C.
7:8-5.2(g), that the proposed measure and its design will contribute
to achievement of the design and performance standards established
by this chapter.
An area designated by the State Planning Commission concentrating
facilities and activities which are not organized in a compact form.
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, Township of Barnegat, or political subdivision of this
state and any state, interstate or federal agency subject to municipal
jurisdiction pursuant to the Municipal Land Use Law, N.J.S.A. 40:55D-1
et seq.
Any dredged spoil, solid waste, incinerator residue, filter
backwash, sewage, garbage, refuse, oil, grease, sewage sludge, munitions,
chemical wastes, biological materials, medical wastes, radioactive
substance [except those regulated under the Atomic Energy Act of 1954,
as amended (42 U.S.C. 2011 et seq.)], thermal waste, wrecked or discarded
equipment, rock, sand, cellar dirt, industrial, municipal, agricultural,
and construction waste or runoff, or other residue discharged directly
or indirectly to the land, groundwater or surface waters of the state,
or to a domestic treatment works. "Pollutant" includes both hazardous
and nonhazardous pollutants.
The amount of water from precipitation that infiltrates into
the ground and is not evapotranspired.
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.
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).
Any structural or nonstructural strategy, practice, technology,
process, program, or other method intended to control or reduce stormwater
runoff and associated pollutants, or to induce or control the infiltration
or groundwater recharge of stormwater or to eliminate illicit or illegal
nonstormwater discharges into stormwater conveyances.
A public body authorized by legislation to prepare stormwater
management plans.
The geographic area for which a stormwater management planning
agency is authorized to prepare stormwater management plans, or a
specific portion of that area identified in a stormwater management
plan prepared by that agency.
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.
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 and all springs, streams, wetlands,
and bodies of surface or groundwater, whether natural or artificial,
within the boundaries of the State of New Jersey or subject to its
jurisdiction.
An area that is inundated or saturated by surface water or
groundwater at a frequency and duration sufficient to support, and
that under normal circumstances does support, a prevalence of vegetation
typically adapted for life in saturated soil conditions, commonly
known as "hydrophytic vegetation."
A.
Design and performance standards for stormwater management measures.
(1)
Stormwater management measures for major development shall be
developed to meet the erosion control, groundwater recharge, stormwater
runoff quantity control, and stormwater runoff quality treatment as
follows:
(a)
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.
(b)
The minimum standards for groundwater recharge, stormwater quality,
and stormwater runoff quantity shall be met by incorporating green
infrastructure.
(2)
The standards in this section 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 55-329.9.
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 muhlenbergii (bog turtle).
C.
The following linear development projects are exempt from the groundwater recharge, stormwater runoff quantity, and stormwater runoff quality requirements of Subsection 55-329.4P, Q, 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 quantity, and stormwater runoff quality requirements of Subsection 55-329.4O, P, Q, and R of this section may be obtained for the enlargement of an existing public roadway or railroad or the construction or enlargement of a public pedestrian access, provided that the following conditions are met:
(1)
The applicant demonstrates that there is a public need for the
project that cannot be accomplished by any other means;
(2)
The applicant demonstrates, through an alternatives analysis, that through the use of nonstructural and structural stormwater management strategies and measures, the option selected complies with the requirements of Subsection 55-329.4O, P, Q, and R of this section to the maximum extent practicable;
(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 55-329.4D(3) of this section within the upstream drainage area of the receiving stream, that would provide additional opportunities to mitigate the requirements of Subsection 55-329.4O, P, Q, and R of this section that were not achievable on site.
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 55-329.4O, P, Q, and R. When designed in accordance with the most current version of the New Jersey Stormwater Best Management Practices Manual, the stormwater management measures found at N.J.A.C. 7:8-5.2 (f) Tables 5-1, 5-2 and 5-3 and listed below in Tables 1, 2 and 3 are presumed to be capable of providing stormwater controls for the design and performance standards as outlined in the tables below. Upon 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 section, the
BMP Tables in the Stormwater Management rule at N.J.A.C. 7:8-5.2(f)
shall take precedence.
|
Table 1
Green Infrastructure BMPs for Groundwater Recharge, Stormwater
Runoff Quality, and/or Stormwater Runoff Quantity
| ||||
|---|---|---|---|---|
|
Best Management Practice
|
Stormwater Runoff Quality TSS Removal Rate
|
Stormwater Runoff Quantity
|
Groundwater Recharge
|
Minimum Separation from Seasonal High Water Table
(feet)
|
|
Cistern
|
0%
|
Yes
|
No
|
—
|
|
Dry well(a)
|
0%
|
No
|
Yes
|
2
|
|
Grass swale
|
50% or less
|
No
|
No
|
2(e)
1(f)
|
|
Green roof
|
0%
|
Yes
|
No
|
—
|
|
Manufactured treatment device(a) (g)
|
50% or 80%
|
No
|
No
|
Dependent upon the device
|
|
Pervious paving system(a)
|
80%
|
Yes
|
Yes(b)
No(c)
|
2(b)
1(c)
|
|
Small-scale bioretention basin(a)
|
80% or 90%
|
Yes
|
Yes(b)
No(c)
|
2(b)
1(c)
|
|
Small-scale infiltration basin(a)
|
80%
|
Yes
|
Yes
|
2
|
|
Small-scale sand filter
|
80%
|
Yes
|
Yes
|
2
|
|
Vegetative filter strip
|
60% to 80%
|
No
|
No
|
—
|
|
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
|
Stormwater Runoff Quantity
|
Groundwater Recharge
|
Minimum Separation from Seasonal High Water Table
(feet)
|
|
Bioretention system
|
80% or 90%
|
Yes
|
Yes(b)
No(c)
|
2(b)
1(c)
|
|
Infiltration basin
|
80%
|
Yes
|
Yes
|
2
|
|
Sand filter(b)
|
80%
|
Yes
|
Yes
|
2
|
|
Standard constructed wetland
|
90%
|
Yes
|
No
|
N/A
|
|
Wet pond(d)
|
50% to 90%
|
Yes
|
No
|
N/A
|
|
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
|
Stormwater Runoff Quantity
|
Groundwater Recharge
|
Minimum Separation from Seasonal High Water Table
(feet)
|
|
Blue roof
|
0%
|
Yes
|
No
|
N/A
|
|
Extended detention basin
|
40% to 60%
|
Yes
|
No
|
1
|
|
Manufactured treatment device(h)
|
50% or 80%
|
No
|
No
|
Dependent upon the device
|
|
Sand filter(c)
|
80%
|
Yes
|
No
|
1
|
|
Subsurface gravel wetland
|
90%
|
No
|
No
|
1
|
|
Wet pond
|
50% to 90%
|
Yes
|
No
|
N/A
|
|
Notes to Tables 1, 2, and 3:
| |
|---|---|
|
(a)
|
Subject to the applicable contributory drainage area limitation specified at Subsection 55-329.4O(2);
|
|
(b)
|
Designed to infiltrate into the subsoil;
|
|
(c)
|
Designed with underdrains;
|
|
(d)
|
Designed to maintain at least a ten-foot-wide area of native
vegetation along at least 50% of the shoreline and to include a stormwater
runoff retention component designed to capture stormwater runoff for
beneficial reuse, such as irrigation;
|
|
(e)
|
Designed with a slope of less than 2%;
|
|
(f)
|
Designed with a slope of equal to or greater than 2%;
|
|
(g)
|
Manufactured treatment devices that meet the definition of green infrastructure at Subsection 55-329.2;
|
|
(h)
|
Manufactured treatment devices that do not meet the definition of green infrastructure at Subsection 55-329.2.
|
G.
An alternative stormwater management measure, alternative removal rate, and/or alternative method to calculate the removal rate may be used if the design engineer demonstrates the capability of the proposed alternative stormwater management measure and/or the validity of the alternative rate or method to the municipality. A copy of any approved alternative stormwater management measure, alternative removal rate, and/or alternative method to calculate the removal rate shall be provided to the Department in accordance with Subsection 55-329.6B. Alternative stormwater management measures may be used to satisfy the requirements at Subsection 55-329.4O only if the measures meet the definition of green infrastructure at Subsection 55-329.2. Alternative stormwater management measures that function in a similar manner to a BMP listed at Subsection 55-329.4O(2) are subject to the contributory drainage area limitation specified at Subsection 55-329.4O 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 55-329.4O(2) shall have a contributory drainage area less than or equal to 2.5 acres, except for alternative stormwater management measures that function similarly to cisterns, grass swales, green roofs, standard constructed wetlands, vegetative filter strips, and wet ponds, which are not subject to a contributory drainage area limitation. Alternative measures that function similarly to standard constructed wetlands or wet ponds shall not be used for compliance with the stormwater runoff quality standard unless a variance in accordance with N.J.A.C. 7:8-4.6 or a waiver from strict compliance in accordance with Subsection 55-329.4D is granted from Subsection 55-329.4O.
H.
Whenever the stormwater management design includes one or more BMPs
that will infiltrate stormwater into subsoil, the design engineer
shall assess the hydraulic impact on the groundwater table and design
the site, so as to avoid adverse hydraulic impacts. Potential adverse
hydraulic impacts include, but are not limited to, exacerbating a
naturally or seasonally high-water table, so as to cause surficial
ponding, flooding of basements, or interference with the proper operation
of subsurface sewage disposal systems or other subsurface structures
within the zone of influence of the groundwater mound, or interference
with the proper functioning of the stormwater management measure itself.
I.
Design standards for stormwater management measures are as follows:
(1)
Stormwater management measures shall be designed to take into
account the existing site conditions, including, but not limited to,
environmentally critical areas; wetlands; flood-prone areas; slopes;
depth to seasonal high water table; soil type, permeability, and texture;
drainage area and drainage patterns; and the presence of solution-prone
carbonate rocks (limestone);
(2)
Stormwater management measures shall be designed to minimize maintenance, facilitate maintenance and repairs, and ensure proper functioning. Trash racks shall be installed at the intake to the outlet structure, as appropriate, and shall have parallel bars with one-inch spacing between the bars to the elevation of the water quality design storm. For elevations higher than the water quality design storm, the parallel bars at the outlet structure shall be spaced no greater than one-third the width of the diameter of the orifice or one-third the width of the weir, with a minimum spacing between bars of one inch and a maximum spacing between bars of six inches. In addition, the design of trash racks must comply with the requirements of Subsection 55-329.4I(3);
(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 55-329.8; and
(5)
The size of the orifice at the intake to the outlet from the
stormwater management BMP shall be a minimum of 2 1/2 inches
in diameter.
J.
Manufactured treatment devices may be used to meet the requirements of this subchapter, provided the pollutant removal rates are verified by the New Jersey Corporation for Advanced Technology and certified by the Department. Manufactured treatment devices that do not meet the definition of green infrastructure at Subsection 55-329.4C may be used only under the circumstances described at Subsection 55-329.4O(4).
K.
Any application for a new agricultural development that meets the definition of major development at Subsection 55-329.4C shall be submitted to the Soil Conservation District for review and approval in accordance with the requirements at Subsection 55-329.4O, P, Q, and R and any applicable Soil Conservation District guidelines for stormwater runoff quantity and erosion control. For purposes of this subsection, "agricultural development" means land uses normally associated with the production of food, fiber, and livestock for sale. Such uses do not include the development of land for the processing or sale of food and the manufacture of agriculturally related products.
L.
If there is more than one drainage area, the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at Subsection 55-329.4P, Q, and R shall be met in each drainage area, unless the runoff from the drainage areas converge onsite and no adverse environmental impact would occur as a result of compliance with any one or more of the individual standards being determined utilizing a weighted average of the results achieved for that individual standard across the affected drainage areas.
M.
Any stormwater management measure authorized under the municipal stormwater management plan or ordinance shall be reflected in a deed notice recorded in the Office of the 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 55-329.4O, P, Q, and R and shall identify the location of the stormwater management measure(s) in NAD 1983 State Plane New Jersey FIPS 2900 US Feet or Latitude and Longitude in decimal degrees. The deed notice shall also reference the maintenance plan required to be recorded upon the deed pursuant to Subsection 55-329.10B(5). Prior to the commencement of construction, proof that the above required deed notice has been filed shall be submitted to the municipality. Proof that the required information has been recorded on the deed shall be in the form of either a copy of the complete recorded document or a receipt from the clerk or other proof of recordation provided by the recording office. However, if the initial proof provided to the municipality is not a copy of the complete recorded document, a copy of the complete recorded document shall be provided to the municipality within 180 calendar days of the authorization granted by the municipality.
N.
A stormwater management measure approved under the municipal stormwater management plan or ordinance may be altered or replaced with the approval of the municipality, if the municipality determines that the proposed alteration or replacement meets the design and performance standards pursuant to Subsection 55-329.4 of this section and provides the same level of stormwater management as the previously approved stormwater management measure that is being altered or replaced. If an alteration or replacement is approved, a revised deed notice shall be submitted to the municipality for approval and subsequently recorded with the Office of the 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 Subsection 55-329.4M 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 55-329.4M 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 55-329.4P and Q, the design engineer shall utilize green infrastructure BMPs identified in Table 1 at Subsection 55-329.4F, and/or an alternative stormwater management measure approved in accordance with Subsection 55-329.4G. The following green infrastructure BMPs are subject to the following maximum contributory drainage area limitations:
|
Best Management Practice
|
Maximum Contributory Drainage Area
|
|---|---|
|
Dry well
|
1 acre
|
|
Manufactured treatment device
|
2.5 acres
|
|
Pervious pavement systems
|
Area of additional inflow cannot exceed 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 55-329.4D is granted from the requirements of this subsection, then BMPs from Table 1, 2, or 3, and/or an alternative stormwater management measure approved in accordance with Subsection 55-329.4G may be used to meet the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at Subsection 55-329.4P, Q and R.
(5)
For separate or combined storm sewer improvement projects, such as sewer separation, undertaken by a government agency or public utility (for example, a sewerage company), the requirements of this subsection shall only apply to areas owned in fee simple by the government agency or utility, and areas within a right-of-way or easement held or controlled by the government agency or utility; the entity shall not be required to obtain additional property or property rights to fully satisfy the requirements of this subsection. Regardless of the amount of area of a separate or combined storm sewer improvement project subject to the green infrastructure requirements of this subsection, each project shall fully comply with the applicable groundwater recharge, stormwater runoff quality control, and stormwater runoff quantity standards at Subsection 55-329.4P, Q and R, unless the project is granted a waiver from strict compliance in accordance with Section 55-329.4D.
P.
Groundwater recharge standards.
(1)
This subsection contains the minimum design and performance
standards for groundwater recharge as follows.
(2)
The design engineer shall, using the assumptions and factors for stormwater runoff and groundwater recharge calculations at Subsection 55-329.5, either:
(a)
Demonstrate through hydrologic and hydraulic analysis that the
site and its stormwater management measures maintain 100% of the average
annual preconstruction groundwater recharge volume for the site; or
(b)
Demonstrate through hydrologic and hydraulic analysis that the
increase of stormwater runoff volume from preconstruction 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 Subsection P(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, which 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 1/4 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 Subsection Q(2)(b) above, unless the major development is itself subject to a NJPDES permit with a numeric effluent limitation for TSS or the NJPDES permit to which the major development is subject exempts the development from a numeric effluent limitation for TSS.
(4)
The water quality design storm is 1.25 inches of rainfall in
two hours. Water quality calculations shall take into account the
distribution of rain from the water quality design storm, as reflected
in Table 4, below. The calculation of the volume of runoff may take
into account the implementation of stormwater management measures.
|
Table 4 - Water Quality Design Storm Distribution
| |||||
|---|---|---|---|---|---|
|
Time
(Minutes)
|
Cumulative Rainfall
(Inches)
|
Time
(Minutes)
|
Cumulative Rainfall
(Inches)
|
Time
(Minutes)
|
Cumulative Rainfall
(Inches)
|
|
1
|
0.00166
|
41
|
0.1728
|
81
|
1.0906
|
|
2
|
0.00332
|
42
|
0.1796
|
82
|
1.0972
|
|
3
|
0.00498
|
43
|
0.1864
|
83
|
1.1038
|
|
4
|
0.00664
|
44
|
0.1932
|
84
|
1.1104
|
|
5
|
0.00830
|
45
|
0.2000
|
85
|
1.1170
|
|
6
|
0.00996
|
46
|
0.2117
|
86
|
1.1236
|
|
7
|
0.01162
|
47
|
0.2233
|
87
|
1.1302
|
|
8
|
0.01328
|
48
|
0.2350
|
88
|
1.1368
|
|
9
|
0.01494
|
49
|
0.2466
|
89
|
1.1434
|
|
10
|
0.01660
|
50
|
0.2583
|
90
|
1.1500
|
|
11
|
0.01828
|
51
|
0.2783
|
91
|
1.1550
|
|
12
|
0.01996
|
52
|
0.2983
|
92
|
1.1600
|
|
13
|
0.02164
|
53
|
0.3183
|
93
|
1.1650
|
|
14
|
0.02332
|
54
|
0.3383
|
94
|
1.1700
|
|
15
|
0.02500
|
55
|
0.3583
|
95
|
1.1750
|
|
16
|
0.03000
|
56
|
0.4116
|
96
|
1.1800
|
|
17
|
0.03500
|
57
|
0.4650
|
97
|
1.1850
|
|
18
|
0.04000
|
58
|
0.5183
|
98
|
1.1900
|
|
19
|
0.04500
|
59
|
0.5717
|
99
|
1.1950
|
|
20
|
0.05000
|
60
|
0.6250
|
100
|
1.2000
|
|
21
|
0.05500
|
61
|
0.6783
|
101
|
1.2050
|
|
22
|
0.06000
|
62
|
0.7317
|
102
|
1.2100
|
|
23
|
0.06500
|
63
|
0.7850
|
103
|
1.2150
|
|
24
|
0.07000
|
64
|
0.8384
|
104
|
1.2200
|
|
25
|
0.07500
|
65
|
0.8917
|
105
|
1.2250
|
|
26
|
0.08000
|
66
|
0.9117
|
106
|
1.2267
|
|
27
|
0.08500
|
67
|
0.9317
|
107
|
1.2284
|
|
28
|
0.09000
|
68
|
0.9517
|
108
|
1.2300
|
|
29
|
0.09500
|
69
|
0.9717
|
109
|
1.2317
|
|
30
|
0.10000
|
70
|
0.9917
|
110
|
1.2334
|
|
31
|
0.10660
|
71
|
1.0034
|
111
|
1.2351
|
|
32
|
0.11320
|
72
|
1.0150
|
112
|
1.2367
|
|
33
|
0.11980
|
73
|
1.0267
|
113
|
1.2384
|
|
34
|
0.12640
|
74
|
1.0383
|
114
|
1.2400
|
|
35
|
0.13300
|
75
|
1.0500
|
115
|
1.2417
|
|
36
|
0.13960
|
76
|
1.0568
|
116
|
1.2434
|
|
37
|
0.14620
|
77
|
1.0636
|
117
|
1.2450
|
|
38
|
0.15280
|
78
|
1.0704
|
118
|
1.2467
|
|
39
|
0.15940
|
79
|
1.0772
|
119
|
1.2483
|
|
40
|
0.16600
|
80
|
1.0840
|
120
|
1.2500
|
(5)
If more than one BMP in series is necessary to achieve the required
80% TSS reduction for a site, the applicant shall utilize the following
formula to calculate TSS reduction:
|
R = A + B - (A x B)/100
|
|
Where:
| ||
|
R
|
=
|
total TSS percent load removal from application of both BMPs
|
|
A
|
=
|
the TSS percent removal rate applicable to the first BMP
|
|
B
|
=
|
the TSS percent removal rate applicable to the second BMP
|
(6)
Stormwater management measures shall also be designed to reduce, to the maximum extent feasible, the post-construction nutrient load of the anticipated load from the developed site in stormwater runoff generated from the water quality design storm. In achieving reduction of nutrients to the maximum extent feasible, the design of the site shall include green infrastructure BMPs that optimize nutrient removal while still achieving the performance standards in Subsection 55-329.4P, Q and R.
(7)
In accordance with the definition of FW1 at N.J.A.C. 7:9B-1.4,
stormwater management measures shall be designed to prevent any increase
in stormwater runoff to waters classified as FW1.
(8)
The Flood Hazard Area Control Act Rules at N.J.A.C. 7:13-4.1(c)
1 establish 300-foot riparian zones along Category One waters, as
designated in the Surface Water Quality Standards at N.J.A.C. 7:9B,
and certain upstream tributaries to Category One waters. A person
shall not undertake a major development that is located within or
discharges into a 300-foot riparian zone without prior authorization
from the Department under N.J.A.C. 7:13.
(9)
Pursuant to the Flood Hazard Area Control Act Rules at N.J.A.C.
7:13-11.2(j) 3.i, runoff from the water quality design storm that
is discharged within a 300-foot riparian zone shall be treated in
accordance with this subsection to reduce the post-construction load
of total suspended solids by 95% of the anticipated load from the
developed site, expressed as an annual average.
(10)
These 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 55-329.5, complete one of the following:
(a)
Demonstrate through hydrologic and hydraulic analysis that for
stormwater leaving the site, post-construction runoff hydrographs
for the two-, ten-, and 100-year storm events do not exceed, at any
point in time, the preconstruction runoff hydrographs for the same
storm events;
(b)
Demonstrate through hydrologic and hydraulic analysis that there
is no increase, as compared to the preconstruction 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 preconstruction 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 Subsection R(2)(a), (b) and (c) above is required unless the design engineer demonstrates through hydrologic and hydraulic analysis that the increased volume, change in timing, or increased rate of the stormwater runoff, or any combination of the three will not result in additional flood damage below the point of discharge of the major development. No analysis is required if the stormwater is discharged directly into any ocean, bay, inlet, or the reach of any watercourse between its confluence with an ocean, bay, or inlet and downstream of the first water control structure.
(3)
The stormwater runoff quantity standards shall be applied at
the site's boundary to each abutting lot, roadway, watercourse, or
receiving storm sewer system.
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 preconstruction 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 55-329.5A(1)(a) and the rational and modified rational methods at Subsection 55-329.5A(1)(b). A runoff coefficient or a groundwater recharge land cover for an existing condition may be used on all or a portion of the site if the design engineer verifies that the hydrologic condition has existed on the site or portion of the site for at least five years without interruption prior to the time of application. If more than one land cover 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 preconstruction 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 preconstruction 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:
(1)
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 55-329.4F above, or alternative designs in accordance with Subsection 55-329.4G above, to prevent discharge of trash and debris from drainage systems shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets. For purposes of this paragraph, "solid and floatable materials" means sediment, debris, trash, and other floating, suspended, or settleable solids. For exemptions to this standard see Subsection 55-329.7A(2) below.
(1)
Design engineers shall use one of the following grates whenever
they use a grate in pavement or another ground surface to collect
stormwater from that surface into a storm drain or surface water body
under that grate:
(a)
The New Jersey Department of Transportation (NJDOT) bicycle
safe grate, which is described in Chapter 2.4 of the NJDOT Bicycle
Compatible Roadways and Bikeways Planning and Design Guidelines; or
(b)
A different grate, if each individual clear space in that grate
has an area of no more than seven square inches, or is no greater
than 0.5 inch across.
Examples of grates subject to this standard include grates in
grate inlets, the grate portion (non-curb-opening portion) of combination
inlets, grates on storm sewer manholes, ditch grates, trench grates,
and grates of spacer bars in slotted drains. Examples of ground surfaces
include surfaces of roads (including bridges), driveways, parking
areas, bikeways, plazas, sidewalks, lawns, fields, open channels,
and stormwater system floors used to collect stormwater from the surface
into a storm drain or surface water body.
(c)
For curb-opening inlets, including curb-opening inlets in combination
inlets, the clear space in that curb opening, or each individual clear
space if the curb opening has two or more clear spaces, shall have
an area of no more than seven square inches, or be no greater than
two inches across the smallest dimension.
(2)
The standard in Subsection 55-329.7A(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 nine square
inches;
(b)
Where the municipality agrees that the standards would cause
inadequate hydraulic performance that could not practicably be overcome
by using additional or larger storm drain inlets;
(c)
Where flows from the water quality design storm, as specified
in N.J.A.C. 7:8, are conveyed through any device (e.g., end of pipe
netting facility, manufactured treatment device, or a catch basin
hood) that is designed, at a minimum, to prevent delivery of all solid
and floatable materials that could not pass through one of the following:
[1]
A rectangular space 4.625 inches long and 1.5 inches
wide (this option does not apply for outfall netting facilities);
or
[2]
A bar screen having a bar spacing of 0.5 inch.
Note that these exemptions do not authorize any infringement
of requirements in the Residential Site Improvement Standards for
bicycle safe grates in new residential development (N.J.A.C. 5:21-4.18(b)
2 and 7.4(b)1).
(d)
Where flows are conveyed through a trash rack that has parallel
bars with one-inch spacing between the bars, to the elevation of the
water quality design storm as specified in N.J.A.C. 7:8; or
(e)
Where the New Jersey Department of Environmental Protection
determines, pursuant to the New Jersey Register of Historic Places
Rules at N.J.A.C. 7:4-7.2(c), that action to meet this standard is
an undertaking that constitutes an encroachment or will damage or
destroy the New Jersey Register listed historic property.
A.
This section sets forth requirements to protect public safety through
the proper design and operation of stormwater management basins. This
section applies to any new stormwater management basin.
B.
The provisions of this section are not intended to preempt more stringent municipal or county safety requirements for new or existing stormwater management 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 55-329.8C(1), (2), and (3) for trash racks, overflow grates, and escape provisions at outlet structures.
C.
Requirements for trash racks, overflow grates and escape provisions.
(1)
A trash rack is a device designed to catch trash and debris
and prevent the clogging of outlet structures. Trash racks shall be
installed at the intake to the outlet from the stormwater management
basin to ensure proper functioning of the basin 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.
(d)
The trash rack shall be constructed and installed to be rigid,
durable, and corrosion-resistant and shall be designed to withstand
a perpendicular live loading of 300 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)
For purposes of this subsection, "escape provisions" means the
permanent installation of permanent ladders, steps, rungs, or other
features that provide easily accessible means of egress from stormwater
management basins. Stormwater management basins shall include escape
provisions as follows:
(a)
If a stormwater management basin has an outlet structure, escape provisions shall be incorporated in or on the structure. With the prior approval of the reviewing agency identified in Subsection 55-329.8D of this section, a freestanding outlet structure may be exempted from this requirement.
(b)
Safety ledges shall be constructed on the slopes of all new stormwater management basins having a permanent pool of water deeper than 2 1/2 feet. Such safety ledges shall be comprised of two steps. Each step shall be four feet 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 55-329.8E of this section for an illustration of safety ledges in a stormwater management basin.
(c)
In new stormwater management basins, the maximum interior slope
for an earthen dam, embankment, or berm shall not be steeper than
three horizontal to one vertical.
D.
Variance or exemption from safety standards. A variance or exemption
from the safety standards for stormwater management basins may be
granted only upon a written finding by the appropriate reviewing agency
(municipality, county or Department) that the variance or exemption
will not constitute a threat to public safety.
E.
Illustration of safety ledges in a new stormwater management basin.
|
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 section, the applicant shall submit all of the required components of the checklist for the site development stormwater plan at Subsection 55-329.9C below as part of the submission of the application for approval.
(2)
The applicant shall demonstrate that the project meets the standards
set forth in this section.
B.
Site development stormwater plan approval. The applicant's site development
project shall be reviewed as a part of the subdivision, site plan,
or development application review process by the Planning Board, Zoning
Board of Adjustment or official from which municipal approval is sought.
The Board and/or Zoning Officer shall consult the Township Engineer
or other such engineer (as appropriate) to determine if all of the
checklist requirements have been satisfied and to determine if the
project meets the standards set forth in this section.
C.
Checklist requirements 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 floodplains 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
man-made 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 Subsections 55-329.3 through 55-329.5 are being met. The focus of this plan shall be to describe how the site is being developed to meet the objective of controlling groundwater recharge, stormwater quality and stormwater quantity problems at the source by land management and source controls whenever possible.
(5)
Stormwater management facilities map. The following information,
illustrated on a map of the same scale as the topographic base map,
shall be included:
(a)
Total area to be disturbed, paved or built upon, proposed surface
contours, land area to be occupied by the stormwater management facilities
and the type of vegetation thereon, and details of the proposed plan
to control and dispose of stormwater.
(b)
Details of all stormwater management facility designs, during
and after construction, including discharge provisions, discharge
capacity for each outlet at different levels of detention and emergency
spillway provisions with maximum discharge capacity of each spillway.
(6)
Calculations.
(a)
Comprehensive hydrologic and hydraulic design calculations for the pre-development and post-development conditions for the design storms specified in Subsection 55-329.4 of this section.
(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 55-329.10.
(8)
Waiver from submission requirements. The municipal official or board reviewing an application under this section may, in consultation with the municipality's review engineer, waive submission of any of the requirements in Subsection 55-329.9C(1) through 55-329.9C(6) of this section 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.
A.
Applicability. Projects subject to review as in Subsection 55-329.1C of this section shall comply with the requirements of Subsection 55-329.10B and C.
B.
General maintenance.
(1)
The design engineer shall prepare a maintenance plan for the
stormwater management measures incorporated into the design of a major
development.
(2)
The maintenance plan shall contain specific preventative maintenance tasks and schedules; cost estimates, including estimated cost of sediment, debris, or trash removal; and the name, address, and telephone number of the person or persons responsible for preventative and corrective maintenance (including replacement). The plan shall contain information on BMP location, design, ownership, maintenance tasks and frequencies, and other details as specified in Chapter 8 of the 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 developer
(for example, a public agency or homeowners' association) as having
the responsibility for maintenance, the plan shall include documentation
of such person's agreement to assume this responsibility, or of the
developer's obligation to dedicate a stormwater management 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 person responsible for maintenance identified under Subsection 55-329.10B of this section is not a public agency, the maintenance plan and any future revisions based on Subsection 55-329.10B(7) 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 function of the stormwater management measure, including
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 nonvegetated linings.
(7)
The party responsible for maintenance identified under Subsection 55-329.10B(3) above shall perform all of the following requirements:
(a)
Maintain a detailed log of all preventative and corrective maintenance
for the structural stormwater management measures incorporated into
the design of the development, including a record of all inspections
and copies of all maintenance-related work orders;
(b)
Evaluate the effectiveness of the maintenance plan at least
once per year and adjust the plan and the deed as needed; and
(c)
Retain and make available, upon request by any public entity with administrative, health, environmental, or safety authority over the site, the maintenance plan and the documentation required by Section 55-329.10B(6) and B(7) above.
(8)
The requirements of Subsection 55-329.10B(3) 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.
(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 section 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.
A.
Any person, firm, corporation partnership or other business association
found guilty of violating any of the provisions of this section shall
be subject to a fine of not more than $2,500 for each offense and/or
confinement in the Ocean County Jail for a period of not more than
30 days. In case of a continuing violation or violations, a fine of
not more than $500 may be assessed for each day that said violation
or violations continue unabated until such time as same corrected.
B.
Each instance of engaging in a separate regulated activity in violation
of this section shall be deemed a separate offense.
C.
In addition, the Township may institute civil action for injunctive
or other relief to enforce the provisions of this section.
D.
This section shall be enforced by the Construction Official, or his
designees, the Department of Public Utilities and/or the Code Enforcement
Department.
[Added 4-3-06 by Ord. No. 2006-09; amended 11-5-07 by Ord. No. 2007-17; repealed and replaced 3-7-2023 by Ord. No. 2023-8]
[Added 3-7-2023 by Ord. No. 2023-8]
A.
Policy Statement.
Flood control, groundwater recharge,
erosion control and pollutant reduction shall be achieved using stormwater
management measures, including green infrastructure best management
practices (BMPs) and nonstructural stormwater management strategies.
Green infrastructure BMPs and low impact development 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. Green infrastructure BMPs and low
impact development 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 contained in this section.
B.
Purpose.
The purpose of this section is to
establish, within the Pinelands Area portion of Barnegat Township,
minimum stormwater management requirements and controls as authorized
by the Pinelands Protection Act (N.J.S.A. 13:18A-1 et seq.) and consistent
with the Pinelands Comprehensive Management Plan (CMP) (N.J.A.C. 7:50-1.1
et seq.) and the New Jersey Department of Environmental Protection
(NJDEP) Stormwater Management Regulations (N.J.A.C. 7:8-1.1 et seq.).
The standards in this section are intended to minimize the adverse
impact of stormwater runoff on water quality and water quantity, to
facilitate groundwater recharge, and to control and minimize soil
erosion, stream channel erosion, sedimentation and pollution associated
with stormwater runoff. Moreover, Pinelands Area resources are to
be protected in accordance with the antidegradation policies contained
in the New Jersey Surface Water Quality Standards (N.J.A.C. 7:9B-1.1
et seq.). Additionally, this Section is intended to ensure the adequacy
of existing and proposed culverts and bridges and to protect public
safety through the proper design and operation of stormwater BMPs.
If there are any conflicts between a provision required by the Pinelands
CMP and a provision required by the NJDEP, the Pinelands CMP provision
shall apply.
C.
Applicability.
(1)
The terms "development," "major development" and "minor development" are defined in subsection 55-330.2 in accordance with the Pinelands CMP (N.J.A.C. 7:50-2.11) and differ from the definitions of "development" and "major development" contained in the NJDEP Stormwater Management Regulations (N.J.A.C. 7:8-1.2).
(2)
This section shall apply within the
Pinelands Area to all major development, and to minor development
meeting the following criteria:
(a)
Development involving the construction
of four or fewer dwelling units;
(b)
Development involving any non-residential
use and resulting in an increase of greater than 1,000 square feet
of regulated motor vehicle surfaces; and
(c)
Development involving the grading,
clearing, or disturbance of an area in excess of 5,000 square feet
within any five-year period. For development meeting this criterion,
the stormwater management standards for major development set forth
in this section shall apply.
(3)
This section shall apply to all development
meeting the criteria of paragraph (2) above that is undertaken by
Barnegat Township.
(4)
Except as provided in Subsection
55-330.10, the exemptions, exceptions, applicability standards, and
waivers of strict compliance contained in the NJDEP Stormwater Management
Regulations at N.J.A.C. 7:8-1.1 et seq. shall not apply within the
Pinelands Area.
D.
Compatibility with Other Permit and Ordinance
Requirements.
(1)
Development approvals issued pursuant
to this Section 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 Section shall be held to be
the minimum requirements for the promotion of the public health, safety,
and general welfare.
(2)
This Section 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 Section 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.
(3)
In the event that a regional stormwater
management plan(s) is prepared and formally adopted pursuant to N.J.A.C.
7:8-1.1 et seq. for any drainage area(s) or watershed(s) of which
Barnegat Township is a part, the stormwater provisions of such a plan(s)
shall be adopted by Barnegat Township within one year of the adoption
of a Regional Stormwater Management Plan (RSWMP) as an amendment to
an Areawide Water Quality Management Plan. Local ordinances proposed
to implement the RSWMP shall be submitted to the Pinelands Commission
for certification within six months of the adoption of the RSWMP per
N.J.A.C. 7:8 and the Pinelands CMP.
[Added 3-7-2023 by Ord. No. 2023-8]
For the purpose of this Section,
the following terms, phrases, words and their derivations shall have
the meanings stated herein unless their use in the text of this Section
clearly demonstrates a different meaning. When not inconsistent with
the context, words used in the present tense include the future, words
used in the plural number include the singular number, and words used
in the singular number include the plural number. The word "shall"
is always mandatory and not merely directory. The definitions below
are the same as or based on the corresponding definitions in the NJDEP
Stormwater Management Rules at N.J.A.C. 7:8-1.2 unless otherwise defined
in the Pinelands CMP at N.J.A.C. 7:50-2.11 in which case the definition
corresponds to the CMP definition.
Means the increase in soil bulk density.
Means the area from which stormwater runoff drains to a stormwater
management measure, not including the area of the stormwater management
measure itself.
Means an agency designated by the County Commissioners to
review municipal stormwater management plans and implementing ordinance(s).
The county review agency may either be:
Means 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.
Means the change of or enlargement of any use or disturbance
of any land, the performance of any building or mining operation,
the division of land into two or more parcels, and the creation or
termination of rights of access or riparian rights including, but
not limited to:
A change in type of use of a structure
or land;
A reconstruction, alteration of the
size, or material change in the external appearance of a structure
or land;
A material increase in the intensity
of use of land, such as an increase in the number of businesses, manufacturing
establishments, offices or dwelling units in a structure or on land;
Commencement of resource extraction
or drilling or excavation on a parcel of land;
Demolition of a structure or removal
of trees;
Commencement of forestry activities;
Deposit of refuse, solid or liquid
waste or fill on a parcel of land;
In connection with the use of land,
the making of any material change in noise levels, thermal conditions,
or emissions of waste material; and
Alteration, either physically or
chemically, of a shore, bank, or flood plain, seacoast, river, stream,
lake, pond, wetlands or artificial body of water.
|
In the case of development on agricultural
land, i.e. lands use for an agricultural use or purpose as defined
at N.J.A.C. 7:50-2.11, development means: any activity that requires
a State permit, any activity reviewed by the County Agricultural 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.
|
Means 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.
Means a geographic area within which stormwater runoff, sediments,
or dissolved materials drain to a particular receiving waterbody or
to a particular point along a receiving waterbody.
Means an area or feature which is of significant environmental
value, including but not limited to: stream corridors, natural heritage
priority sites, habitats of endangered or threatened species, large
areas of contiguous open space or upland forest, steep slopes, and
well head protection and groundwater recharge areas. Habitats of endangered
or threatened species are identified using the NJDEP Landscape Project
as approved by the NJDEP Endangered and Nongame Species Program.
Means the detachment and movement of soil or rock fragments
by water, wind, ice, or gravity.
Means a stormwater management measure that manages stormwater
close to its source by:
Means 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 NJDEP 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.
Means 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.
Means an area within which water drains to a particular receiving
surface water body, also known as a subwatershed, which is identified
by an 11-digit hydrologic unit boundary designation, delineated within
New Jersey by the United States Geological Survey.
Means any surface that has been compacted or covered with
a layer of material so that it prevents, impedes or slows infiltration
or absorption of fluid, including stormwater directly into the ground,
and results in either reduced groundwater recharge or increased stormwater
runoff sufficient to be classified as impervious in Urban Areas by
the United States Department of Agriculture, Natural Resources Conservation
Service Title 210 - Engineering, 210-3-1 - Small Watershed Hydrology
(WINTR-55) Version 1.0, incorporated herein by reference, as amended
and supplemented, available with user guide and tutorials at http://www.wsi.nrcs.usda.gov/products/W2Q/H&H/Tools_Models/WinTr55.html
or at Natural Resources Conservation Service, 220 Davidson Avenue,
Somerset, NJ 08873. Such surfaces may have varying degrees of permeability.
Is the process by which water seeps into the soil from precipitation.
Means any division of land into five or more lots; any construction
or expansion of any housing development of five or more dwelling units;
any construction or expansion of any commercial or industrial use
or structure on a site of more than three acres; or any grading, clearing
or disturbance of an area in excess of 5,000 square feet.
Means all development other than major development.
Means 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.
Means 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.
Means the manual maintained by the NJDEP providing, in part, design specifications, removal rates, calculation methods, and soil testing procedures approved by the NJDEP as being capable of contributing to the achievement of the stormwater management standards specified in this Section. The BMP Manual is periodically amended by the NJDEP 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 NJDEP's determination as to the ability of that best management practice to contribute to compliance with the standards contained in this Section. Alternative stormwater management measures, removal rates, or calculation methods may be utilized, subject to any limitations specified in this Section, provided the design engineer demonstrates to the municipality, in accordance with subsection 55-330.3F and N.J.A.C. 7:8-5.2(g), that the proposed measure and its design will contribute to achievement of the design and performance standards established by this Section.
Means a chemical element or compound, such as nitrogen or
phosphorus, which is essential to and promotes the development of
organisms.
Means the rate at which water moves through a unit area of
soil, rock, or other material at hydraulic gradient of one.
Means an individual, corporation, public agency, business
trust, partnership, association, two or more persons having a joint
or common interest, or any other legal entity.
Includes both hazardous and nonhazardous pollutants.
Means 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.
Means the amount of water from precipitation that infiltrates
into the ground and is not evapotranspired.
Means any of the following, alone or in combination:
A net increase in motor vehicle surface;
and/or
The total 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, where the water quality treatment
will be modified or removed.
Means the level below the natural surface of the ground to
which water seasonally rises in the soil in most years.
Means 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.
Means the lot or lots upon which development is to occur
or has occurred.
Means all unconsolidated mineral and organic material of
any origin.
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.
Means 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.
Means 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).
Means 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.
Means water flow on the surface of the ground or in storm
sewers, resulting from precipitation.
Means the ocean and its estuaries, all springs, streams,
wetlands, and bodies of surface or groundwater, whether natural or
artificial, within the boundaries of the State of New Jersey or subject
to its jurisdiction.
Means an area within 300 feet of any wetland.
Means lands which are inundated or saturated by water at
a magnitude, duration and frequency sufficient to support the growth
of hydrophytes. Wetlands include lands with poorly drained or very
poorly drained soils as designated by the National Cooperative Soils
Survey of the Soil Conservation Service of the United States Department
of Agriculture. Wetlands include coastal wetlands and inland wetlands,
including submerged lands. The "New Jersey Pinelands Commission Manual
for Identifying and Delineating Pinelands Area Wetlands - - a Pinelands
Supplement to the Federal Manual for Identifying and Delineating Jurisdictional
Wetlands," dated January, 1991, as amended, may be utilized in delineating
the extent of wetlands based on the definitions of wetlands and wetlands
soils contained in N.J.A.C. 7:50-2.11, 6.3, 6.4 and 6.5.
[Added 3-7-2023 by Ord. No. 2023-8]
A.
Stormwater management measures for development
regulated under this Section shall be designed to provide erosion
control, groundwater recharge, stormwater runoff quantity control
and stormwater runoff quality treatment in accordance with this Section.
(1)
Major development shall meet the
minimum design and performance standards for erosion control established
under the Soil Erosion and Sediment Control Act, N.J.S.A. 4:24-39
et seq., and implementing rules at N.J.A.C. 2:90 and 16:25A.
B.
All development regulated under this Section shall incorporate a maintenance plan for the stormwater management measures in accordance with subsection 55-330.9.
C.
Stormwater management measures shall avoid
adverse impacts of concentrated flow on habitat for threatened and
endangered species in accordance with N.J.A.C. 7:8-5.2(c) and N.J.A.C.
7:50-6.27 and 6.33.
D.
Tables 1, 2, and 3 below summarize the ability of stormwater best management practices identified and described in the New Jersey Stormwater BMP Manual to satisfy the green infrastructure, groundwater recharge, stormwater runoff quality and stormwater runoff quantity standards specified in subsection 55-330.3N, O, P, and Q. When designed in accordance with the most current version of the New Jersey Stormwater BMP Manual and this Section, the stormwater management measures found 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 BMP Manual to reflect additions or deletions of BMPs meeting these standards, or changes in the presumed performance of BMPs designed in accordance with the New Jersey Stormwater BMP Manual, the NJDEP 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 NJDEP website at: https://njstormwater.org/bmp_manual2.htm.
E.
Where the BMP tables at N.J.A.C. 7:8-5.2(f) differ with Tables 1, 2 and 3 below due to amendment, the BMP Tables at N.J.A.C. 7:8-5.2(f) shall take precedence, except that in all cases the lowest point of infiltration must maintain a minimum separation of two (2) feet to seasonal high water table as required by subsection 55-330.3H(2) unless otherwise noted.
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Table 1: Green Infrastructure BMPs
for Groundwater Recharge, Stormwater Runoff Quality, and/or Stormwater
Runoff Quantity
| ||||
|---|---|---|---|---|
|
Best Management Practice
|
Stormwater Runoff Quality TSS Removal
Rate
(percent)
|
Stormwater Runoff Quantity
|
Groundwater Recharge
|
Minimum Separation from Seasonal
High Water Table
(feet)
|
|
Cistern
|
0
|
Yes
|
No
|
- -
|
|
Dry Well(a)
|
0
|
No
|
Yes
|
2
|
|
Grass Swale
|
50 or less
|
No
|
No
|
2(e)
|
|
1(f)
| ||||
|
Green Roof
|
0
|
Yes
|
No
|
- -
|
|
Manufactured Treatment Device(a),(g)
|
50 or 80
|
No
|
No
|
Dependent upon the device
|
|
Pervious Paving System(a)
|
80
|
Yes
|
Yes(b)
|
2(b)
|
|
No(c)
|
2(c)
| |||
|
Small-Scale Bioretention Basin(a)
|
80 or 90
|
Yes
|
Yes(b)
|
2(b)
|
|
No(c)
|
1(c)
| |||
|
Small-Scale Infiltration Basin(a)
|
80
|
Yes
|
Yes
|
2
|
|
Small Scale Sand Filter(a)
|
80
|
Yes
|
Yes
|
2
|
|
Vegetative Filter Strip
|
60 to 80
|
No
|
No
|
- -
|
|
Table notes may be found after Table 2.
|
|
Table 2: Green Infrastructure BMPs
for Stormwater Runoff Quantity (or for Groundwater Recharge and/or
Stormwater Runoff Quality with a 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)
|
2(b)
|
|
No(c)
|
1(c)
| |||
|
Infiltration Basin
|
80
|
Yes
|
Yes
|
2
|
|
Sand Filter(b)
|
80
|
Yes
|
Yes
|
2
|
|
Standard Constructed Wetland
|
90
|
Yes
|
No
|
2(i)
|
|
Wet Pond(d)
|
50-90
|
Yes
|
No
|
2(i)
|
|
Table notes may be found after Table 2.
|
|
Table 3: BMPs for Groundwater Recharge,
Stormwater Runoff Quality, and/or Stormwater Runoff Quantity only
with a 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
|
2
|
|
Manufactured Treatment Device(h)
|
50 or 80
|
No
|
No
|
Dependent upon the device
|
|
Sand Filter(c)
|
80
|
Yes
|
No
|
2
|
|
Subsurface Gravel Wetland
|
90
|
No
|
No
|
2
|
|
Wet Pond
|
50-90
|
Yes
|
No
|
2(i)
|
|
Footnotes to Tables 1, 2, and 3:
| |
|
(a)
|
Subject to the applicable contributory drainage area limitation specified at § 55-330.3N(2).
|
|
(b)
|
Designed to infiltrate into the subsoil.
|
|
(c)
|
Designed with underdrains, where
stormwater percolates into the underdrain through the soils and is
not directed to the underdrain by an outlet control structure.
|
|
(d)
|
Designed to maintain at least a 10-foot
wide area of native vegetation along at least 50 percent of the shoreline
and to include a stormwater runoff retention component designed to
capture stormwater runoff for beneficial reuse, such as irrigation.
|
|
(e)
|
Designed with a slope of less than
two percent.
|
|
(f)
|
Designed with a slope of equal to
or greater than two percent.
|
|
(g)
|
Manufactured treatment devices that meet the definition of green infrastructure at subsection 55-330.2.
|
|
(h)
|
Manufactured treatment devices that do not meet the definition of green infrastructure at subsection 55-330.2.
|
|
(i)
|
The top elevation of the impermeable
layer or liner must maintain this 2-foot minimum separation to the
seasonal high water table.
|
F.
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 NJDEP and the Pinelands Commission in accordance with subsection 55-330.5B. Alternative stormwater management measures may be used to satisfy the requirements at subsection 55-330.3N only if the measures meet the definition of green infrastructure at subsection 55-330.2. Alternative stormwater management measures that function in a similar manner to a BMP listed at subsection 55-330.3N(2) are subject to the contributory drainage area limitation specified at subsection 55-330.3N(2) for that similarly functioning BMP. Alternative stormwater management measures approved in accordance with this subsection that do not function in a similar manner to any BMP listed at subsection 55-330.3N(2) shall have a contributory drainage area less than or equal to 2.5 acres, except for alternative stormwater management measures that function similarly to cisterns, grass swales, green roofs, standard constructed wetlands, vegetative filter strips, and wet ponds, which are not subject to a contributory drainage area limitation. Alternative measures that function similarly to standard constructed wetlands or wet ponds shall not be used for compliance with the stormwater runoff quality standard unless a variance in accordance with subsection 55-330.10 is granted from subsection 55-330.3N.
G.
Hydraulic Impacts.
(1)
For all major development, groundwater
mounding analysis shall be required for purposes of assessing the
hydraulic impacts of mounding of the water table resulting from infiltration
of stormwater runoff from the maximum storm designed for infiltration.
The mounding analysis shall provide details and supporting documentation
on the methodology used. Groundwater mounds shall not cause stormwater
or groundwater to breakout to the land surface or cause adverse impacts
to adjacent water bodies, wetlands, or subsurface structures, including,
but not limited to, basements and septic systems. Where the mounding
analysis identifies adverse impacts, the stormwater management measure
shall be redesigned or relocated, as appropriate.
(2)
For all applicable minor development,
a design engineer's certification that each green infrastructure stormwater
management measure will not adversely impact basements or septic systems
of the proposed development shall be required.
H.
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; wetland
transition areas; 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 designed
to infiltrate stormwater shall be designed, constructed, and maintained
to provide a minimum separation of at least two feet between the elevation
of the lowest point of infiltration and the seasonal high water table;
(3)
Stormwater management measures designed
to infiltrate stormwater shall be sited in suitable soils verified
by testing to have permeability rates between one and 20 inches per
hour. A factor of safety of two shall be applied to the soil's permeability
rate in determining the infiltration measure's design permeability
rate. If such soils do not exist on the parcel proposed for development
or if it is demonstrated that it is not practical for engineering,
environmental, or safety reasons to site the stormwater infiltration
measure(s) in such soils, the stormwater infiltration measure(s) may
be sited in soils verified by testing to have permeability rates in
excess of 20 inches per hour, provided that stormwater is routed through
a bioretention system prior to infiltration. Said bioretention system
shall be designed, installed, and maintained in accordance with the
New Jersey Stormwater BMP Manual;
(4)
The use of stormwater management
measures that are smaller in size and distributed spatially throughout
a parcel, rather than the use of a single, larger stormwater management
measure shall be required;
(5)
Methods of treating stormwater prior
to entering any stormwater management measure shall be incorporated
into the design of the stormwater management measure to the maximum
extent practical;
(6)
To avoid sedimentation that may result
in clogging and reduction of infiltration capability and to maintain
maximum soil infiltration capacity, the construction of stormwater
management measures that rely upon infiltration shall be managed in
accordance with the following standards:
(a)
No stormwater management measure
shall be placed into operation until its drainage area has been completely
stabilized. Instead, upstream runoff shall be diverted around the
measure and into separate, temporary stormwater management facilities
and sediment basins. Such temporary facilities and basins shall be
installed and utilized for stormwater management and sediment control
until stabilization is achieved in accordance with N.J.A.C. 2:90;
(b)
If, for engineering, environmental,
or safety reasons, temporary stormwater management facilities and
sediment basins cannot be constructed on the parcel in accordance
with paragraph (a) above, the stormwater management measure may be
placed into operation prior to the complete stabilization of its drainage
area provided that the measure's bottom during this period is constructed
at a depth at least two feet higher than its final design elevation.
When the drainage area has been completely stabilized, all accumulated
sediment shall be removed from the stormwater management measure,
which shall then be excavated to its final design elevation; and
(c)
To avoid compacting the soils below
a stormwater management measure designed to infiltrate stormwater,
no heavy equipment, such as backhoes, dump trucks, or bulldozers shall
be permitted to operate within the footprint of the stormwater management
measure. All excavation required to construct a stormwater management
measure that relies on infiltration shall be performed by equipment
placed outside the footprint of the stormwater management measure.
If this is not possible, the soils within the excavated area shall
be renovated and tilled after construction is completed. Earthwork
associated with stormwater management measure construction, including
excavation, grading, cutting, or filling, shall not be performed when
soil moisture content is above the lower plastic limit;
(7)
Dry wells shall be designed to prevent
access by amphibian and reptiles;
(8)
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 established at subsection 55-330.3P(4). 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 55-330.7C(1);
(9)
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;
(10)
Stormwater management BMPs shall be designed to meet the minimum safety standards for stormwater management BMPs at subsection 55-330.7; and
(11)
The size of the orifice at the intake
to the outlet from the stormwater management BMP shall be a minimum
of two and one-half inches in diameter.
I.
Manufactured treatment devices may be used to meet the requirements of this Section, provided the pollutant removal rates are verified by the New Jersey Corporation for Advanced Technology and certified by the NJDEP. Manufactured treatment devices that do not meet the definition of green infrastructure at subsection 55-330.2 may be used only under the circumstances described at subsection 55-330.3N(4).
J.
Any application for a new agricultural development that meets the definition of major development at N.J.A.C. 7:8-1.2 shall be submitted to the Soil Conservation District for review and approval in accordance with the requirements at subsection 55-330.3N, O, P, and Q 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.
K.
If there is more than one drainage area, the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at subsection 55-330.3O, P, and Q 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.
L.
Any stormwater management measure authorized under the municipal stormwater management plan, or this Section shall be reflected in a deed notice recorded in the Ocean County Clerk's Office. 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 55-330.3N, O, P, and Q 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 55-330.9B(5). Prior to the commencement of construction, proof that the above required deed notice has been filed shall be submitted to the municipality. Proof that the required information has been recorded on the deed shall be in the form of either a copy of the complete recorded document or a receipt from the clerk or other proof of recordation provided by the recording office. However, if the initial proof provided to the municipality is not a copy of the complete recorded document, a copy of the complete recorded document shall be provided to the municipality within 180 calendar days of the authorization granted by the municipality.
M.
A stormwater management measure approved under the municipal stormwater management plan or this Section 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 contained in subsection 55-330.3N, O, P, and Q 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 Ocean County Clerk's Office and shall contain a description and location of the stormwater management measure, as well as reference to the maintenance plan, in accordance with paragraph L above. Prior to the commencement of construction, proof that the above required deed notice has been filed shall be submitted to the municipality in accordance with paragraph L above.
N.
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 of this Section.
(2)
To satisfy the groundwater recharge and stormwater runoff quality standards at subsection 55-330.3O and P, the design engineer shall utilize BMPs identified in Table 1 at subsection 55-330.3E and/or an alternative stormwater management measure approved in accordance with subsection 55-330.3F. 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 System
|
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 subsection 55-330.10 is granted from the requirements of this subsection, then BMPs from Table 1, 2, or 3 at subsection 55-330.3E and/or an alternative stormwater management measure approved in accordance with subsection 55-330.3F may be used to meet the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at subsection 55-330.3O, P, and Q.
(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 55-330.3O, P, and Q.
O.
Groundwater Recharge Standards.
(1)
This subsection contains the minimum
design and performance standards for groundwater recharge as follows:
(2)
For all major development, the total
runoff volume generated from the net increase in impervious surfaces
by a 10-year, 24-hour storm shall be retained and infiltrated onsite.
(3)
For minor development that involves
the construction of four or fewer dwelling units, the runoff generated
from the total roof area of the dwelling(s) by a 10-year, 24-hour
storm shall be retained and infiltrated through installation of one
or more green infrastructure stormwater management measures designed
in accordance with the New Jersey Stormwater BMP Manual. Appropriate
green infrastructure stormwater management measures include, but are
not limited to dry wells, pervious pavement systems, and small scale
bioretention systems, including rain gardens.
(4)
For minor development that involves
any nonresidential use and will result in an increase of greater than
1,000 square feet of regulated motor vehicle surfaces, the water quality
design storm volume generated from these surfaces shall be recharged
onsite.
(5)
Stormwater from areas of high pollutant loading and/or industrial stormwater exposed to source material shall only be recharged in accordance with subsection 55-330.3P(8).
P.
Stormwater Runoff Quality Standards.
(1)
This subsection contains the minimum
design and performance standards to control stormwater runoff quality
impacts of:
(a)
Major development;
(b)
Minor development that involves any
nonresidential use and will result in an increase of greater than
1,000 square feet of regulated motor vehicle surfaces; and
(c)
Any development involving the grading,
clearing, or disturbance of an area in excess of 5,000 square feet
within any five-year period.
(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 established at subsection 55-330.3P(4) as follows:
(a)
Eighty percent TSS removal of the
anticipated load, expressed as an annual average shall be achieved
for the stormwater runoff from the net increase of motor vehicle surface.
(b)
If the surface is considered regulated
motor vehicle surface because the water quality treatment for an area
of motor vehicle surface that is currently receiving water quality
treatment either by vegetation or soil, by an existing stormwater
management measure, or by treatment at a wastewater treatment plant
is to be modified or removed, the project shall maintain or increase
the existing TSS removal of the anticipated load expressed as an annual
average.
(3)
The requirement to reduce TSS does
not apply to any stormwater runoff in a discharge regulated under
a numeric effluent limitation for TSS imposed under the New Jersey
Pollutant Discharge Elimination System (NJPDES) rules, N.J.A.C. 7:14A,
or in a discharge specifically exempt under a NJPDES permit from this
requirement. Every major development, including any that discharge
into a combined sewer system, shall comply with paragraph (2) above,
unless the major development is itself subject to a NJPDES permit
with a numeric effluent limitation for TSS or the NJPDES permit to
which the major development is subject exempts the development from
a numeric effluent limitation for TSS.
(4)
The water quality design storm is
1.25 inches of rainfall in two hours. Water quality calculations shall
take into account the distribution of rain from the water quality
design storm, as reflected in Table 4, below. The calculation of the
volume of runoff may take into account the implementation of stormwater
management measures.
|
Time
(Minutes)
|
Cumulative Rainfall
(Inches)
|
Time
(Minutes)
|
Cumulative Rainfall
(Inches)
|
Time
(Minutes)
|
Cumulative Rainfall
(Inches)
|
|---|---|---|---|---|---|
|
Table 4: Water Quality Design Storm
Distribution
| |||||
|
1
|
0.00166
|
41
|
0.1728
|
81
|
1.0906
|
|
2
|
0.00332
|
42
|
0.1796
|
82
|
1.0972
|
|
3
|
0.00498
|
43
|
0.1864
|
83
|
1.1038
|
|
4
|
0.00664
|
44
|
0.1932
|
84
|
1.1104
|
|
5
|
0.0083
|
45
|
0.2
|
85
|
1.117
|
|
6
|
0.00996
|
46
|
0.2117
|
86
|
1.1236
|
|
7
|
0.01162
|
47
|
0.2233
|
87
|
1.1302
|
|
8
|
0.01328
|
48
|
0.235
|
88
|
1.1368
|
|
9
|
0.01494
|
49
|
0.2466
|
89
|
1.1434
|
|
10
|
0.0166
|
50
|
0.2583
|
90
|
1.15
|
|
11
|
0.01828
|
51
|
0.2783
|
91
|
1.155
|
|
12
|
0.01996
|
52
|
0.2983
|
92
|
1.16
|
|
13
|
0.02164
|
53
|
0.3183
|
93
|
1.165
|
|
14
|
0.02332
|
54
|
0.3383
|
94
|
1.17
|
|
15
|
0.025
|
55
|
0.3583
|
95
|
1.175
|
|
16
|
0.03
|
56
|
0.4116
|
96
|
1.18
|
|
17
|
0.035
|
57
|
0.465
|
97
|
1.185
|
|
18
|
0.04
|
58
|
0.5183
|
98
|
1.19
|
|
19
|
0.045
|
59
|
0.5717
|
99
|
1.195
|
|
20
|
0.05
|
60
|
0.625
|
100
|
1.2
|
|
21
|
0.055
|
61
|
0.6783
|
101
|
1.205
|
|
22
|
0.06
|
62
|
0.7317
|
102
|
1.21
|
|
23
|
0.065
|
63
|
0.785
|
103
|
1.215
|
|
24
|
0.07
|
64
|
0.8384
|
104
|
1.22
|
|
25
|
0.075
|
65
|
0.8917
|
105
|
1.225
|
|
26
|
0.08
|
66
|
0.9117
|
106
|
1.2267
|
|
27
|
0.085
|
67
|
0.9317
|
107
|
1.2284
|
|
28
|
0.09
|
68
|
0.9517
|
108
|
1.23
|
|
29
|
0.095
|
69
|
0.9717
|
109
|
1.2317
|
|
30
|
0.1
|
70
|
0.9917
|
110
|
1.2334
|
|
31
|
0.1066
|
71
|
1.0034
|
111
|
1.2351
|
|
32
|
0.1132
|
72
|
1.015
|
112
|
1.2367
|
|
33
|
0.1198
|
73
|
1.0267
|
113
|
1.2384
|
|
34
|
0.1264
|
74
|
1.0383
|
114
|
1.24
|
|
35
|
0.133
|
75
|
1.05
|
115
|
1.2417
|
|
36
|
0.1396
|
76
|
1.0568
|
116
|
1.2434
|
|
37
|
0.1462
|
77
|
1.0636
|
117
|
1.245
|
|
38
|
0.1528
|
78
|
1.0704
|
118
|
1.2467
|
|
39
|
0.1594
|
79
|
1.0772
|
119
|
1.2483
|
|
40
|
0.166
|
80
|
1.084
|
120
|
1.25
|
(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 established at subsection 55-330.3P(4). 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 55-330.3O, P, and Q.
(7)
For all major development, stormwater management measures shall be designed to achieve a minimum of 65% reduction of the post-construction total nitrogen load from the developed site, including those permanent lawn or turf areas that are specifically intended for active human use as described at N.J.A.C. 7:50-6.24(c)3, in stormwater runoff generated from the water quality design storm established at subsection 55-330.3P(4). In achieving a minimum 65% reduction of total nitrogen, the design of the site shall include green infrastructure in accordance with the New Jersey Stormwater BMP Manual and shall optimize nutrient removal. The minimum 65% total nitrogen reduction may be achieved by using a singular stormwater management measure or multiple stormwater management measures in series.
(8)
In high pollutant loading areas (HPLAs) and/or areas where stormwater runoff is exposed to source material, as defined in subsection 55-330.2, the following additional water quality standards shall apply:
(a)
The areal extent and amount of precipitation
falling directly on or flowing over HPLAs and/or areas where stormwater
is exposed to source material shall be minimized through the use of
roof covers, canopies, curbing or other physical means to the maximum
extent practical in order to minimize the quantity of stormwater generated
from HPLA areas and areas where stormwater runoff is exposed to source
material;
(b)
The stormwater runoff originating
from HPLAs and/or areas where stormwater runoff is exposed to source
material shall be segregated and prohibited from co-mingling with
stormwater runoff originating from the remainder of the parcel unless
it is first routed through one or more stormwater management measures
required at paragraph (c) below;
(c)
The stormwater runoff from HPLAs and/or areas where stormwater runoff is exposed to source material shall incorporate stormwater management measures designed to reduce the post-construction load of TSS by at least 90% in stormwater runoff generated from the water quality design storm established at subsection 55-330.3P(4) using one or more of the measures identified at paragraph [1] or [2] below. In meeting this requirement, the minimum 90% removal of total suspended solids may be achieved by utilizing multiple stormwater management measures in series:
[1]
Any measure designed
in accordance with the New Jersey Stormwater BMP Manual to remove
total suspended solids. Any such measure must be constructed to ensure
that the lowest point of infiltration within the measure maintains
a minimum of two feet of vertical separation from the seasonal high-water
table; and
[2]
Other measures certified
by the NJDEP, including a Media Filtration System manufactured treatment
device with a minimum 80% removal of total suspended solids as verified
by the New Jersey Corporation for Advanced Technology; and
(d)
If the potential for contamination
of stormwater runoff by petroleum products exists onsite, prior to
being conveyed to the stormwater management measure required at paragraph
(c) above, the stormwater runoff from the HPLAs and areas where stormwater
runoff is exposed to source material shall be conveyed through an
oil/grease separator or other equivalent manufactured filtering device
providing for the removal of petroleum hydrocarbons. The applicant
shall provide the review agency with sufficient data to demonstrate
acceptable performance of the device.
(9)
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.
(10)
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.
Q.
Stormwater Runoff Quantity Standards.
(1)
This subsection contains the minimum
design and performance standards to control stormwater runoff quantity
impacts related to applicable major and minor 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 55-330.4, complete one of the following:
(a)
Demonstrate through hydrologic and
hydraulic analysis that for stormwater leaving the site, post-construction
runoff hydrographs for the 2-, 10-, 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 2-, 10- 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 2-, 10- 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 paragraph (a), (b), and
(c) above is required unless the design engineer demonstrates through
hydrologic and hydraulic analysis that the increased volume, change
in timing, or increased rate of the stormwater runoff, or any combination
of the three will not result in additional flood damage below the
point of discharge of the major development. No analysis is required
if the stormwater is discharged directly into any ocean, bay, inlet,
or the reach of any watercourse between its confluence with an ocean,
bay, or inlet and downstream of the first water control structure.
(3)
The stormwater runoff quantity standards
shall be applied at the site's boundary to each abutting lot, roadway,
watercourse, or receiving storm sewer system.
(4)
There shall be no direct discharge
of stormwater runoff from any point or nonpoint source to any wetland,
wetlands transition area, or surface waterbody. In addition, stormwater
runoff shall not be directed in such a way as to increase the volume
and rate of discharge into any wetlands, wetlands transition area,
or surface water body from that which existed prior to development
of the parcel.
(5)
To the maximum extent practical,
there shall be no direct discharge of stormwater runoff onto farm
fields to protect farm crops from damage due to flooding, erosion,
and long-term saturation of cultivated crops and cropland.
R.
As-built requirements for major development
are as follows:
(1)
After all construction activities
have been completed on the parcel and finished grade has been established
in each stormwater management measure designed to infiltrate stormwater,
replicate post-development permeability tests shall be conducted to
determine if as-built soil permeability rates are consistent with
design permeability rates. The results of such tests shall be submitted
to the municipal engineer or other appropriate reviewing engineer.
If the results of the post-development permeability tests fail to
achieve the minimum required design permeability rate, utilizing a
factor of safety of two, the stormwater management measure shall be
renovated and re-tested until the required permeability rates are
achieved; and
(2)
After all construction activities
and required testing have been completed on the parcel, as-built plans,
including as-built elevations of all stormwater management measures
shall be submitted to the municipal engineer or other appropriate
reviewing engineer to serve as a document of record. Based upon that
engineer's review of the as-built plans, all corrections or remedial
actions deemed necessary due to the failure to comply with design
standards and/or for any reason concerning public health or safety,
shall be completed by the applicant. In lieu of review by the municipal
engineer, the municipality may engage a licensed professional engineer
to review the as-built plans and charge the applicant for all costs
associated with such review.
[Added 3-7-2023 by Ord. No. 2023-8]
A.
Stormwater runoff shall be calculated by the design engineer using 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, except that the Rational Method for peak flow and the Modified Rational Method for hydrograph computations shall not be used. 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.
B.
In calculating stormwater runoff using
the NRCS methodology, the appropriate 24-hour rainfall depths as developed
for the parcel by the National Oceanic and Atmospheric Administration,
https://hdsc.nws.noaa.gov/hdsc/pfds/pfds map cont.html?bkmrk=nj, shall
be utilized.
C.
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. A runoff coefficient or a groundwater recharge
land cover for an existing condition may be used on all or a portion
of the site if the design engineer verifies that the hydrologic condition
has existed on the site or portion of the site for at least five years
without interruption prior to the time of application. If more than
one land cover has existed on the site during the five years immediately
prior to the time of application, the land cover with the lowest runoff
potential shall be used for the computations. In addition, there is
the presumption that the site is in good hydrologic condition (if
the land use type is pasture, lawn, or park), with good cover (if
the land use type is woods), or with good hydrologic condition and
conservation treatment (if the land use type is cultivation).
D.
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.
E.
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.
F.
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.
G.
Groundwater recharge may be calculated
in accordance with the New Jersey Geological Survey Report GSR-32,
A Method for Evaluating Groundwater-Recharge Areas in New Jersey,
incorporated herein by reference as amended and supplemented. Information
regarding the methodology is available from the New Jersey Stormwater
Best Management Practices Manual; 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.
[Added 3-7-2023 by Ord. No. 2023-8]
A.
Technical guidance for stormwater management
measures can be found in the documents listed below, which are available
to download from the NJDEP'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 BMP 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 of subsection 55-330.3E. The New Jersey Stormwater BMP Manual may be utilized as a guide in determining the extent to which stormwater management activities and measures meet the standards of this Section.
(2)
Additional maintenance guidance is
available on the NJDEP's website at: https://www.njstormwater.org/maintenance_guidance.htm.
B.
Submissions.
(1)
Submissions required for review by
the NJDEP 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.
(2)
Submissions required for review by
the Pinelands Commission should be emailed to appinfo@pinelands.nj.gov.
[Added 3-7-2023 by Ord. No. 2023-8]
A.
Site design features identified under subsection 55-330.3E, or alternative designs in accordance with subsection 55-330.3F, 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 paragraph (2) below.
(1)
Design engineers shall use one of
the following grates whenever they use a grate in pavement or another
ground surface to collect stormwater from that surface into a storm
drain or surface water body under that grate:
(a)
The New Jersey Department of Transportation
(NJDOT) bicycle safe grate, which is described in Chapter 2.4 of the
NJDOT Bicycle Compatible Roadways and Bikeways Planning and Design
Guidelines; or
(b)
A different grate, if each individual
clear space in that grate has an area of no more than seven (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 seven
(7.0) square inches, or be no greater than two (2.0) inches across
the smallest dimension.
(2)
The standard in paragraph (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 nine (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 established at subsection 55-330.3P(4) 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
four and five-eighths (4.625) inches long and one and one-half (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 (1 inch) spacing between the bars, to the elevation of the Water Quality Design Storm established at subsection 55-330.3P(4); or
(e)
Where the NJDEP determines, pursuant
to the New Jersey Register of Historic Places Rules at N.J.A.C. 7:4-7.2(c),
that action to meet this standard is an undertaking that constitutes
an encroachment or will damage or destroy the New Jersey Register
listed historic property.
[Added 3-7-2023 by Ord. No. 2023-8]
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 paragraphs C(1),(2)
or (3) below 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, the grate shall comply with 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 greater than two inches across the smallest dimension.
(c)
The overflow grate shall be constructed
of rigid, durable, and corrosion resistant material, 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 paragraph D below, 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 two and one-half 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 two and one-half feet
below the permanent water surface, and the second step shall be located
one to one and one-half feet above the permanent water surface. See
paragraph E below 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.
|
Figure 1. Elevation View - Basin
Safety Ledge Configuration
|
[Added 3-7-2023 by Ord. No. 2023-8]
A.
Submission of Site Development Stormwater
Plan.
(1)
Any application for major development approval shall include a Site Development Stormwater Plan containing all information required in subsection 55-330.8C.
(2)
Any application for minor development approval that is subject to this Section shall include a Site Development Stormwater Plan containing all information required in subsection 55-330.8D.
(3)
The Site Development Stormwater Plan
shall demonstrate that the proposed development meets the standards
of this Section.
(4)
The Site Development Stormwater Plan shall contain comprehensive hydrologic and hydraulic design calculations for the pre-development and post-development conditions for the design storms specified in subsection 55-330.3P(4). The standards for groundwater recharge and stormwater runoff rate, volume and quality required by subsection 55-330.3O, P, and Q and shall be met using the methods, calculations and assumptions provided in subsection 55-330.4.
(5)
The application submission requirements
of paragraphs (1) and (2) above shall be in addition to all other
applicable application submission requirements of the municipality's
land development regulations.
(6)
The applicant shall submit twenty-two
(22) copies of the Site Development Stormwater Plan. All required
engineering plans shall be in CAD Format 15 or higher, registered
and rectified to NAD 1983 State Plane New Jersey FIPS 2900 US Feet
or Shape Format NAD 1983 State Plane New Jersey FIPS 2900 US Feet.
All other required documents shall be submitted in both paper and
commonly used electronic file formats such as .pdf, word processing,
database or spreadsheet files.
B.
Site Development Stormwater Plan Approval.
The Site Development Stormwater Plan
shall be reviewed as a part of the development review process by the
municipal board or official from whom municipal approval is sought.
That municipal board or official shall consult the engineer retained
by the Planning and/or Zoning Board (as appropriate) to determine
if all the checklist requirements have been satisfied and to determine
if the project meets the standards set forth in this Section.
C.
Checklist Requirements for major development.
Any application for major development
approval shall include a Site Development Stormwater Plan containing,
at minimum, the following information.
(1)
Topographic Base Map.
The Site Development Stormwater Plan
shall contain a topographic base map of the site that extends a minimum
of three hundred (300) feet beyond the limits of the proposed development,
at a scale of one (1) inch = two hundred (200) feet or greater, showing
one (1) foot contour intervals. The map shall indicate the following:
existing surface water drainage, shorelines, steep slopes, soils,
highly erodible soils, perennial or intermittent streams that drain
into or upstream of any Category One or Pinelands Waters, wetlands
and floodplains along with any required wetlands transition areas,
marshlands and other wetlands, pervious or vegetative surfaces, existing
surface and subsurface human-made structures, roads, bearing and distances
of property lines, and significant natural and manmade features not
otherwise shown. Barnegat Township or the Pinelands Commission may
require upstream tributary drainage system information as necessary.
(2)
Environmental Site Analysis.
The Site Development Stormwater Plan
shall contain a written description along with the drawings of the
natural and human-made features of the site and its environs. This
description shall include:
(a)
A discussion of environmentally critical
areas, soil conditions, slopes, wetlands, waterways and vegetation
on the site. Particular attention shall be given to unique, unusual
or environmentally sensitive features and to those features that provide
particular opportunities for or constraints on development; and
(b)
Detailed soil and other environmental
conditions on the portion of the site proposed for installation of
any stormwater management measures, including, at a minimum:
[1]
A soils report based
on onsite soil tests;
[2]
Location and spot elevations
in plain view of all test pits and permeability tests;
[3]
Permeability test data
and calculations;
[4]
Any other required soil
or hydrogeologic data (e.g., mounding analyses results) correlated
with location and elevation of each test site;
[5]
A cross-section of all
proposed stormwater management measures with side-by-side depiction
of soil profile drawn to scale and seasonal high water table elevation
identified; and
[6]
Any other information
necessary to demonstrate the suitability of the specific proposed
stormwater management measures relative to the environmental conditions
on the portion(s) of the site proposed for implementation of those
measures.
(3)
Project description and site plan(s).
The Site Development Stormwater Plan
shall contain a map (or maps), at the same scale as 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.
The Site Development Stormwater Plan
shall contain a Land Use Planning and Source Control Plan demonstrating
compliance with the erosion control, groundwater recharge, stormwater
runoff quantity control and stormwater quality treatment required
by this Section. This shall include, but is not limited to:
(a)
Information demonstrating that the proposed stormwater management measures are able to achieve a minimum 65% reduction of the post-construction total nitrogen load, in accordance with subsection 55-330.3P(7).
(b)
Where any stormwater generated from high pollutant loading areas or where stormwater will be exposed to source material, information demonstrating that the proposed stormwater management measures are consistent with subsection 55-330.3P(8).
(5)
Stormwater Management Facilities
Map. The Site Development Stormwater Plan shall contain a Stormwater
Management Facilities Map, at the same scale as the topographic base
map, depicting the following information:
(a)
The total area to be disturbed, paved
and/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 manage and recharge stormwater;
and
(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 (if applicable) and emergency spillway provisions with
maximum discharge capacity of each spillway.
(6)
Groundwater Mounding Analysis. The Site Development Stormwater Plan shall contain a groundwater mounding analysis in accordance with subsection 55-330.3G(1).
D.
Checklist Requirements for minor development.
Any application for minor development
approval that is subject to this Section shall include a Site Development
Stormwater Plan, certified by a design engineer, containing, at minimum,
the following information:
(1)
All existing and proposed development,
including limits of clearing and land disturbance.
(2)
All existing and proposed lot lines.
(3)
All wetlands and required wetland
transition areas.
(4)
The type and location of each green
infrastructure stormwater management measure.
(6)
A design engineer's certification that each green infrastructure stormwater management measure will not adversely impact basements or septic systems of the proposed development, in accordance with subsection 55-330.3G(2).
E.
Exception from submission requirements.
With the exception of paragraphs
C(7) and D(7) above, the municipality may modify or waive any required
element of the Site Development Stormwater Plan, provided that sufficient
information can be provided to demonstrate compliance with the standards
of this Section. However, application information required in accordance
with the Pinelands CMP (N.J.A.C. 7:50-4.2(b)) shall be submitted to
the Pinelands Commission, unless the Executive Director of the Pinelands
Commission waives or modifies the application requirements.
A.
All development regulated under this Section
shall incorporate a maintenance plan, prepared by the design engineer,
consistent with paragraph B below. Maintenance and repair shall be
implemented in accordance with maintenance plan and paragraph C below.
B.
The maintenance plan shall include the
following:
(1)
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.
(2)
Responsibility for maintenance of
stormwater management measures approved as part of an application
for major development shall not be assigned or transferred to the
owner or tenant of an individual property, unless such owner or tenant
owns or leases the entire site subject to the major development approval.
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 the maintenance required.
(3)
Responsibility for maintenance of
stormwater management measures approved as part of an application
for minor development may be assigned or transferred to the owner
or tenant of the parcel.
(4)
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.
(5)
If the person responsible for maintenance identified under paragraph (1) above is not a public agency, the maintenance plan and any future revisions based on subsection 55-330.9C(2)(b) shall be recorded upon the deed of record for each property on which the maintenance described in the maintenance plan must be undertaken.
(6)
For all major development, the following
additional standards apply:
(a)
The maintenance plan shall include
accurate and comprehensive drawings of all stormwater management measures
on a parcel, including the specific latitude and longitude and block/lot
number of each stormwater management measure. Maintenance plans shall
specify that an inspection, maintenance, and repair report will be
updated and submitted annually to the municipality;
(b)
Stormwater management measure easements
shall be provided by the property owner as necessary for facility
inspections and maintenance and preservation of stormwater runoff
conveyance, infiltration, and detention areas and facilities. The
purpose of the easement shall be specified in the maintenance agreement;
and
(c)
An adequate means of ensuring permanent
financing of the inspection, maintenance, repair, and replacement
plan shall be implemented and shall be detailed in the maintenance
plan. Financing methods shall include, but not be limited to:
[1]
The assumption of the
inspection and maintenance program by a municipality, county, public
utility, or homeowners association;
[2]
The required payment
of fees to a municipal stormwater fund in an amount equivalent to
the cost of both ongoing maintenance activities and necessary structural
replacements.
(7)
For all minor development, maintenance
plans shall be required for all stormwater management measures installed
in accordance with this Section and shall include, at a minimum, the
following information:
C.
General Maintenance and Repair.
(1)
Preventative and corrective maintenance
shall be performed to maintain the function of the stormwater management
measure, including, but not limited to, repairs or replacement to
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.
(2)
The person responsible for maintenance identified under subsection 55-330.9B(2) shall perform all of the following requirements:
(a)
Maintain a detailed log of all preventative
and corrective maintenance for the structural stormwater management
measures incorporated into the design of the development, including
a record of all inspections and copies of all maintenance-related
work orders;
(b)
Evaluate the effectiveness of the
maintenance plan at least once per year and adjust the plan and the
deed as needed; and
(c)
Retain and make available, upon request
by any public entity with administrative, health, environmental, or
safety authority over the site, the maintenance plan and the documentation
required by paragraphs (a) and (b) above.
(3)
The requirements of paragraphs B(2),
(3), and (4) above 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.
(4)
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 fourteen (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.
D.
Nothing in this section shall preclude
the municipality in which the major development is located from requiring
the posting of a performance or maintenance guarantee in accordance
with N.J.S.A. 40:55D-53.
[Added 3-7-2023 by Ord. No. 2023-8]
A.
The exemptions, exceptions, applicability
standards, and waivers of strict compliance contained in the NJDEP
Stormwater Management Regulations at N.J.A.C. 7:8-1.1 et seq. shall
not apply within the Pinelands Area except in accordance with this
Section.
B.
The municipal review agency may grant a
variance from the design and performance standards for stormwater
management measures set forth in its municipal stormwater management
plan and this Section, provided that:
(1)
No variances shall be granted from paragraph
55-330.3Q(4), which prohibits the direct discharge of stormwater runoff
to any wetlands, wetlands transition area, or surface waterbody and
the direction of stormwater runoff in such a way as to increase in
volume and rate of discharge into any wetlands, wetlands transition
area, or surface water body from that which existed prior to development
of the parcel;
(2)
The municipal stormwater plan includes
a mitigation plan in accordance with N.J.A.C. 7:8-4.2(c)11 and N.J.A.C.
7:50-3.39(a)2viii;
(3)
The applicant demonstrates that it is technically
impracticable to meet any one or more of the design and performance
standards on-site. For the purposes of this analysis, technical impracticability
exists only when the design and performance standard cannot be met
for engineering, environmental, or safety reasons. A municipality's
approval of a variance shall apply to an individual drainage area
and design and performance standard and shall not apply to an entire
site or project, unless an applicant provides the required analysis
for each drainage area within the site and each design and performance
standard;
(4)
The applicant demonstrates that the proposed
design achieves the maximum possible compliance with the design and
performance standards of this Section on-site; and
(5)
A mitigation project is implemented, in
accordance with the following:
(a)
All mitigation projects shall be
located in the Pinelands Area and in the same HUC-14 as the parcel
proposed for development. If the applicant demonstrates that no such
mitigation project is available, the municipality may approve a variance
that provides for mitigation within the same HUC-11 as the parcel
proposed for development, provided the mitigation project is located
in the Pinelands Area.
(b)
The proposed mitigation project shall
be consistent with the municipal stormwater management plan certified
by the Pinelands Commission. If said stormwater management plan does
not identify appropriate parcels or projects where mitigation may
occur, the applicant may propose a mitigation project that meets the
criteria in paragraph (a) above.
(c)
The mitigation project shall be approved
no later than preliminary or final site plan approval of the major
development.
(d)
The mitigation project shall be constructed
prior to, or concurrently with, the development receiving the variance.
(e)
The mitigation project shall comply with the green infrastructure standards at subsection 55-330.3N.
(f)
If the variance that resulted in the mitigation project being required is from the green infrastructure standards at subsection 55-330.3N, then the mitigation project must use green infrastructure BMPs in Table 1 contained at subsection 55-330.3E, and/or an alternative stormwater management measure approved in accordance with subsection 55-330.3F that meets the definition of green infrastructure to manage an equivalent or greater area of impervious surface and an equivalent or greater area of motor vehicle surface as the area of the major development subject to the variance. Grass swales and vegetative filter strips may only be used in the mitigation project if the proposed project additionally includes a green infrastructure BMP other than a grass swale or vegetative filter strip. The green infrastructure used in the mitigation project must be sized to manage the water quality design storm established at subsection 55-330.3P(4), at a minimum, and is subject to the applicable contributory drainage area limitation specified at subsection 55-330.3N(2), as applicable.
(h)
A variance from the stormwater runoff quality standards at subsection 55-330.3P may be granted if the following are met:
[1]
The total drainage area of motor
vehicle surface managed by the mitigation project(s) must equal or
exceed the drainage area of the area of the major development subject
to the variance and must provide sufficient TSS removal to equal or
exceed the deficit resulting from granting the variance for the major
development; and
[2]
The mitigation project must remove nutrients to the maximum extent feasible in accordance with subsection 55-330.3P(7).
(i)
A variance from the stormwater runoff quantity standards at subsection 55-330.3Q may be granted if the following are met:
[1]
The applicant demonstrates, through
hydrologic and hydraulic analysis, including the effects of the mitigation
project, that the variance will not result in increased flooding damage
below each point of discharge of the major development;
[2]
The mitigation project indirectly
discharges to the same watercourse and is located upstream of the
major development subject to the variance; and
[3]
The mitigation project provides peak flow rate attenuation in accordance with subsection 55-330.3Q(2)(c) for an equivalent or greater area than the area of the major development subject to the variance. For the purposes of this demonstration, equivalent includes both size of the area and percentage of impervious surface and/or motor vehicle surface.
(j)
The applicant or the entity assuming maintenance responsibility for the associated major development shall be responsible for preventive and corrective maintenance (including replacement) of the mitigation project and shall be identified as such in the maintenance plan established in accordance with subsection 55-330.9. This responsibility is not transferable to any entity other than a public agency, in which case a written agreement with that public agency must be submitted to the review agency.
C.
Any approved variance shall be submitted
by the municipal review agency to the county review agency and the
NJDEP, by way of a written report describing the variance, as well
as the required mitigation, within 30 days of the approval.
[Added 3-7-2023 by Ord. No. 2023-8]
Any person(s) who erects, constructs,
alters, repairs, converts, maintains, or uses any building, structure
or land in violation of this section shall be subject to the following
penalties:
A.
Any person, firm, corporation, partnership,
or other business association found guilty of violating any of the
provisions of this section shall be subject to a fine of not more
than $2,500 for each offense and/or confinement in the Ocean County
Jail for a period of not more than thirty (30) days. In case of a
continuing violation or violations, a fine of no more than $500 may
be assessed for each day that said violation or violations continue
unabated until such time as same corrected.
B.
Each instance of engaging in a separate
regulated activity in violation of this section shall be deemed a
separate offense.
C.
In addition, the Township may institute
civil action for injunctive or other relief to enforce the provisions
of this section.
D.
This section shall be enforced by the Construction
Official, or his designees, the Department of Public Utilities and/or
the Code Enforcement Department.
[Added 2-2-98 by Ord. No. 1998-1 § 4]
