Township of Verona, NJ
Essex County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Council of the Township of Verona as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Land use procedures — See Ch. 30.
Dogs — See Ch. 68.
Flood control — See Ch. 77.
Site plan review — See Ch. 118.
Soil removal — See Ch. 121.
Streets and sidewalks — See Ch. 125.
Subdivision of land — See Ch. 127.
Water and sewers — See Ch. 146.
Zoning — See Ch. 150.
[Adopted 11-21-2005 by Ord. No. 23-2005; amended in its entirety 10-15-2012 by Ord. No. 5-12]
A. 
To prohibit the spilling, dumping or disposal of materials other than stormwater to the municipal separate storm sewer system (MS4) operated by the Township of Verona so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.
B. 
To prohibit illicit connections to the municipal separate sewer system(s) operated by the Township of Verona, so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.
C. 
To establish requirements for the proper handling of litter, yard waste and pet solid waste in the Township of Verona, so as to protect public health, safety and welfare and to prescribe penalties for the failure to comply.
D. 
To prohibit the feeding of unconfined wildlife in any Township-owned park in Verona or on any other property owned or operated by the Township of Verona so as to protect public health, safety and welfare, and to prescribe penalties for failure to comply.
E. 
To require the retrofitting of existing storm drain inlets which are in direct contact with repaving, repairing, reconstruction, or resurfacing or alterations of facilities on private property, to prevent the discharge of solids and floatables (such as plastic bottles, cans, food wrappers and other litter) to municipal separate storm sewer system operated by the Township of Verona so as to protect public health, safety and welfare, and to prescribe penalties for failure to comply.
F. 
To require dumpsters and other refuse containers that are outdoors or exposed to stormwater to be covered at all times and prohibits the spilling, dumping, leaking or otherwise discharge of liquids, semiliquids or solids from the containers to the municipal separate stormwater system operated by the Township of Verona and/or the waters of the state so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.
G. 
To regulate the outdoor application of fertilizer so as to reduce the overall amount of excess nutrients entering waterways, thereby helping to protect and improve surface water quality. This article does not apply to fertilizer application on commercial farms.
For the purpose of this article, the following terms, phrases, words and their derivations shall have the meanings stated herein unless their use in the text of this article 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.
BUFFER
The land area, 25 feet in width, adjacent to any water body.
COMMERCIAL FARM
A farm management unit producing agricultural or horticultural products worth $2,500 or more annually.
CONTAINERIZED
The placement of yard waste in a biodegradable bag as approved by the Township Engineer, such as to prevent the yard waste from spilling or blowing out into the street and coming into contact with stormwater.
DOMESTIC SEWAGE
Waste and wastewater from humans or household operations.
FEED
To give, place, expose, deposit, distribute or scatter any edible material with the intention of feeding, attracting or enticing wildlife. Feeding does not include baiting in the legal taking of fish and/or game.
FERTILIZER
A fertilizer material, mixed fertilizer or any other substance containing one or more recognized plant nutrients, which is used for its plant nutrient content, which is designed for use or claimed to have value in promoting plant growth and which is sold, offered for sale, or intended for sale.
ILLICIT CONNECTION
Any physical or non-physical connection that discharges domestic sewage, noncontact cooling water, process wastewater, or other industrial waste (other than stormwater) to the municipal separate storm sewer system operated by the Township of Verona, unless that discharge is authorized under a NJPDES permit other than the Tier A Municipal Stormwater General Permit (NJPDES Permit Number NJ0141852). Nonphysical connections may include, but are not limited to, leaks, flows, or overflows into the municipal separate storm sewer system.
IMMEDIATE
That the pet solid waste is removed at once, without delay.
IMPERVIOUS SURFACE
A surface that has been covered with a layer of material so that it is highly resistant to infiltration by water. This term shall be used to include any highway, street, sidewalk, parking lot, driveway, or other material that prevents infiltration of water into the soil.
INDUSTRIAL WASTE
Nondomestic waste including but not limited to those pollutants regulated under Section 307(a), (b) or (c) of the Federal Clean Water Act (33 U.S.C, § 1317 (a), (b) or (c)).
LITTER
Any unused or unconsumed substance or waste material which has been discarded, whether made of aluminum, glass, plastic, rubber, paper or other natural or synthetic material, or any combination thereof, including but not limited to, any bottle, jar or can, or any top, cap or detachable tab of any bottle, jar or can, any unlighted cigarette, cigar, match or any flaming or glowing material or any garbage, trash, refuse, debris, rubbish, grass clippings or other lawn or garden waste, newspapers, magazines, glass, metal, plastic or paper containers or other packaging or construction material but does not include the waste of the primary process of mining or other extraction processes, logging, saw milling, farming or manufacturing.
LITTER RECEPTACLE
A container suitable for the depositing of litter.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
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 Verona or other public body and is designed and used for collecting and conveying stormwater.
NJPDES PERMIT
A permit issued by the New Jersey Department of Environmental Protection to implement the New Jersey Pollutant Discharge Elimination System (NJPDES) Rules at N.J.A.C. 7:14A.
NONCONTACT COOLING WATER
Water used to reduce temperature for the purpose of cooling. Such waters do not come into direct contact with any raw material, intermediate product (other that heat) or finished product. Noncontact cooling water may however contain algaecides, or biocides to control fouling of equipment such as heat exchangers, and/or corrosion inhibitors.
OWNER/KEEPER
Any person who shall possess, maintain, house or harbor any pet or otherwise have custody of any pet, whether or not the owner of such pet.
PERSON
Any individual, corporation, company, partnership, firm, association or political subdivision of this state subject to municipal jurisdiction.
PET
Domesticated animal (other than a disability assistance animal) kept for amusement or companionship.
PET SOLID WASTE
Waste matter expelled from the bowels of the pet, excrement.
PHOSPHORUS FERTILIZER
Any fertilizer that contains phosphorus, expressed as P205, with a guaranteed analysis of greater than zero; except that it shall not be considered to include animal (including human) or vegetable manures, agricultural liming materials, or wood ashes that have not been amended to increase their nutrient content.
PROCESS WASTEWATER
Any water which, during manufacturing or processing, comes into direct contact with or results from the production or use of any raw material, intermediate product, finished product, by-product or waste product. Process wastewater includes, but is not limited to, leachate and cooling water other than noncontacting cooling water.
PROPER DISPOSAL
Placement in a designated waste receptacle, or other suitable container, and discarded in a refuse container which is regularly emptied by the Township or some other refuse collector; or disposal into a system designated to convey domestic sewage for proper treatment and disposal.
REFUSE CONTAINER
Any waste container that a person controls whether owned, leased or operated, including dumpsters, trash cans, garbage pails and plastic trash bags.
SOILS TEST
A technical analysis of soil conducted by an accredited soil-testing laboratory following the protocol for such a test established by Rutgers Cooperative Research and Extension.
STORM DRAIN INLET
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.
STORMWATER
Water resulting from precipitation (including rain and snow) that runs off the land's surface, is transmitted to the subsurface, is captured by separate storm sewers or other sewerage or drainage facilities, or is conveyed by snow removal equipment.
STREET
Any street, avenue, boulevard, road, parkway, viaduct, drive or other way, which is an existing state, county or municipal roadway, and includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking areas, and other areas within the street lines.
WATER BODY
A surface water feature, such as a lake, river, stream, creek, pond, lagoon, bay estuary.
WATERS OF THE STATE
The ocean and its estuaries, all springs, streams and bodies of surface water or groundwater, whether natural or artificial, within the boundaries of the State of New Jersey or subject to its jurisdiction.
WILDLIFE
All animals that are neither human nor domesticated.
YARD WASTE
Leaves and grass clippings.
A. 
The spilling, dumping or disposal of materials other than stormwater to the municipal separate storm sewer system operated by the Township of Verona is prohibited. The spilling, dumping or disposal of materials other than stormwater in such a manner as to cause the discharge of pollutants to the municipal separate storm sewer system is also prohibited unless same is qualified by one of the following exceptions:
(1) 
Waterline flushing and discharges from potable water sources.
(2) 
Uncontaminated groundwater (e.g., infiltration, crawl space or basement sump pumps, foundation and footing drains, rising groundwaters).
(3) 
Air-conditioning condensate (excluding contact and noncontact cooling water).
(4) 
Irrigation water (including landscape and lawn watering runoff).
(5) 
Flows from springs riparian habitats and wetlands. Water reservoir discharges and diverted stream flows.
(6) 
Residential car washing and residential swimming pool discharges.
(7) 
Sidewalk, driveway and street wash water.
(8) 
Flows from firefighting activities.
(9) 
Flows from rinsing of the following equipment with clean water:
(a) 
Beach maintenance equipment immediately following its use for its intended purposes; and
(b) 
Equipment used in the application of salt and de-icing materials immediately following salt and de-icing material applications. Prior to rinsing with clean water, all residual salt and de-icing materials must be removed from equipment and vehicles to the maximum extent practicable using dry-cleaning methods (e.g., shoveling and sweeping). Recovered materials are to be returned to storage for reuse or properly discarded.
(c) 
Rinsing of equipment, as noted in the above situation, is limited to exterior, undercarriage and exposed parts and does not apply to engines or other enclosed machinery.
B. 
No person shall discharge or cause to be discharged through an illicit connection to the municipal separate storm sewer system operated by the Township of Verona any domestic sewage, noncontact cooling water, process wastewater, or other industrial waste water (other than stormwater).
C. 
The owner or occupant of any property, or any employee or contractor of such owner or occupant engaged to provide lawn care or landscaping services, shall not sweep, rake, blow or otherwise place yard waste, unless the yard waste is containerized, in the street. If yard waste that is not containerized is placed in the street, the party responsible for placement of yard waste must remove the yard waste from the street or said party shall be deemed in violation of this article.
D. 
It shall be unlawful for any person to throw, drop, discard or otherwise place any litter of any nature upon public or private property other than in a litter receptacle, or having done so, to allow such litter to remain. Whenever any litter is thrown or discarded or allowed to fall from a vehicle or boat in violation of this article, the operator or owner, or both, of the motor vehicle or boat shall also be deemed to have violated this article.
E. 
All pet owners and keepers are required to immediately and properly dispose of their pet's solid waste deposited on any property, public or private, not owned or possessed by that person unless the owner or keeper of the animal requires the use of a disability assistance animal and such animal is being used for that purpose.
F. 
No person shall feed, in any Township-owned park, or on any other property owned or operated by the Township of Verona, any wildlife, excluding confined wildlife (i.e., wildlife contained in zoos, parks, or rehabilitation centers or unconfined wildlife at environmental education centers or circus).
G. 
No person in control of private property (except a residential lot with one single-family house) shall authorize the repaving, repairing (excluding the repair of individual potholes), resurfacing (including top coating or chip sealing with asphalt emulsion or a thin base of hot bitumen), reconstructing or altering any surface that is in direct contact with an existing storm drain inlet on that property unless the storm drain inlet either:
(1) 
Already meets the design standard below to control passage of solid and floatable materials; or
(2) 
Is retrofitted or replaced to meet the standard in § 123-3 below prior to the completion of the project.
H. 
Any person who controls, whether owned, leased, or operated, a refuse container or dumpster must ensure that such container or dumpster does not leak or otherwise discharge liquids, semiliquids or solids to the municipal separate storm sewer system(s) operated by the Township of Verona.
I. 
No person shall apply fertilizer:
(1) 
When runoff-producing rainfall is occurring or predicted and/or when soils are saturated and a potential for fertilizer movement off site exists.
(2) 
To an impervious surface. Fertilizer inadvertently applied to an impervious surface must be swept or blown back into the target surface or returned to either its original or another appropriate container for reuse.
(3) 
Within the buffer of any water body.
(4) 
More than 15 days prior to the start of or at any time after the end of the recognized growing season from March 1 to November 15.
J. 
No person shall apply phosphorus fertilizer.
(1) 
In outdoor areas except as demonstrated to be needed for the specific soils and target vegetation in accordance with a soils test and the associated annual fertilizer recommendation issued by Rutgers Cooperative Research and Extension.
(2) 
Exceptions:
(a) 
Application of phosphorus fertilizer needed for:
[1] 
Establishing vegetation for the first time, such as after land disturbance, provided the application is in accordance with the requirements established under the Soil Erosion and Sediment Control Act, N.J.S.A. 4:24-39 et seq. and implementing rules;
[2] 
Reestablished or repairing a turf area in accordance with good soil practices.
(b) 
Application of phosphorus fertilizer that delivers liquid or granular fertilizer under the soils surface, directly to the feeder roots.
(c) 
Application of phosphorus fertilizer to residential container plantings, flowerbeds, or vegetable gardens.
Storm drain inlets identified in § 123-1.2 above shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets. For purposes of this section, "solid and floatable materials" means sediment, debris, trash and other floating, suspended or settleable solids. For exemptions to this standard see § 123-3C below.
A. 
Design engineers shall use either of the following grates whenever they use a grate in pavement or another ground surface to collect stormwater from that surface into a storm drain or surface water body under that grate:
(1) 
The New Jersey Department of Transportation (NJDOT) bicycle safe grate, which is described in Chapter 2.4 of the NJDOT Bicycle Compatible Roadways and Bikeways Planning and Design Guidelines (April 1996); or
(2) 
A different grate, if each individual clear space in that grate has an area of no more than 7.0 square inches, or is no greater than 0.5 inch across the smallest dimension.
Examples of grates subject to this standard include grates in grate inlets, the grate portion (non-curb-opening portion) of combination inlets, grates on storm sewer manholes, ditch grates, trench grates and grates of spacer bars in slotted drains. Examples of ground surfaces include surfaces of roads (including bridges), driveways, parking areas, bikeways, plazas, sidewalks, lawns, fields, open channels and stormwater basin floors.
B. 
Whenever design engineers use a curb-opening inlet, the clear space in that curb opening (or each individual clear space, if the curb opening has two or more clear spaces) shall have an area of no more than 7.0 square inches, or be no greater than 2.0 inches across the smallest dimension.
C. 
This standard does not apply:
(1) 
Where the Township Engineer agrees that this standard would cause inadequate hydraulic performance that could not practically be overcome by using additional or larger storm drain inlets that meet these standards;
(2) 
Where flows are conveyed through any device (e.g., end-of-pipe netting facility, manufactured treatment device or a catch basin hood) that is, designed at a minimum, to prevent delivery of all solid and floatable materials that could not pass through one of the following:
(a) 
A rectangular space 4 5/8 inches long and 1 1/2 inches wide (This option does not apply for outfall netting facilities.); or
(b) 
A bar screen having a bar spacing of 0.5 inches.
(3) 
Where flows are conveyed through a trash rack that has parallel bars with one-inch spacing between the bars; or
(4) 
Where the New Jersey Department of Environmental Protection determines, pursuant to the New Jersey Register of Historic Places Rules at 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.
Exceptions:
A. 
Permitted temporary demolition containers.
B. 
Litter receptacles (other than dumpsters or other bulk containers).
C. 
Individual homeowner trash and recycling containers.
D. 
Refuse containers at facilities authorized to discharge stormwater under a valid NJPDES permit.
E. 
Large bulky items (e.g., furniture, bound carpet and padding, white goods placed curbside for pickup).
F. 
Application of phosphorus fertilizer needed for:
(1) 
Establishing vegetation for the first time, such as after land disturbance, provided the application is in accordance with the requirements established under the Soil Erosion and Sediment Control Act, N.J.S.A. 4:24-39 et seq. and implementing rules;
(2) 
Reestablishing or repairing a turf area in accordance with good soil practices.
(3) 
Application of phosphorus fertilizer that delivers liquid or granular fertilizer under the soils surface, directly to the feeder roots.
(4) 
Application of phosphorus fertilizer to residential container plantings, flowerbeds, or vegetable gardens.
This article shall be enforced by the Police Department of the Township of Verona and/or other municipal officials of the Township of Verona.
Violations of this article shall be punishable by a fine not to exceed $100.
[Adopted 5-16-2007 by Ord. No. 6-07]
A. 
Policy statement. Flood control, groundwater recharge, and pollutant reduction through nonstructural or low-impact techniques shall be explored before relying on structural BMPs. Structural BMPs should be integrated with nonstructural stormwater management strategies and proper maintenance plans. Nonstructural strategies include both environmentally sensitive site design and source controls that prevent pollutants from being placed on the site from being exposed to stormwater. Source control plans 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. It is the purpose of this article to establish minimum stormwater management requirements and controls for major development, as defined in § 123-7.
C. 
Applicability.
(1) 
This article shall be applicable to all site plans and subdivisions for the following major developments that provide for disturbance of land of greater that one or more acres of land that require preliminary or final site plan or subdivision review:
(a) 
Nonresidential major developments; and
(b) 
Aspects of residential major developments that are not preempted by the Residential Site Improvement Standards at N.J.A.C. 5:21.
(2) 
This article shall also be applicable to all major developments undertaken by the Township of Verona or by the County of Essex.
D. 
Compatibility with other permit and ordinance requirements. Development approvals issued for subdivisions and site plans pursuant to this article 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 article shall be held to be the minimum requirements for the promotion of the public health, safety, and general welfare. This article 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 article 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.
Unless specifically defined below, words or phrases used in this article shall be interpreted so as to give them the meaning they have in common usage and to give this article its most reasonable application. The definitions below are the same as or based on the corresponding definitions in the stormwater management rules at N.J.A.C. 7:8-1.2.
COMPACTION
The increase in soil bulk density.
CORE
A pedestrian-oriented area of commercial and civic uses serving the surrounding municipality, generally including housing and access to public transportation.
COUNTY REVIEW AGENCY
An agency designated by the Essex County Board of Chosen Freeholders to review municipal stormwater management plans and implementing ordinance(s). The county review agency may either be:
A. 
A county planning agency; or
B. 
A county water resource association created under N.J.S.A. 58:16A-55.5, if the ordinance or resolution delegates authority to approve, conditionally approve, or disapprove municipal stormwater management plans and implementing ordinances.
DEPARTMENT
The New Jersey Department of Environmental Protection.
DESIGNATED CENTER
A State Development and Redevelopment Plan Center as designated by the State Planning Commission, such as urban, regional, town, village, or hamlet.
DESIGN ENGINEER
A person professionally qualified and duly licensed in New Jersey to perform engineering services that may include, but not necessarily be limited to, development of project requirements, creation and development of project design and preparation of drawings and specifications.
DEVELOPMENT
The division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or structure, any mining excavation or landfill, and any use or change in the use of any building or other structure, or land or extension of use of land, by any person, for which permission is required under the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq. In the case of development of agricultural lands, development means: any activity that requires a state permit; any activity reviewed by the County Agricultural Board (CAB) and the State Agricultural Development Committee (SADC), and municipal review of any activity not exempted by the Right to Farm Act, N.J.S.A. 4:1C-1 et seq.
DRAINAGE AREA
A geographic area within which stormwater, sediments, or dissolved materials drain to a particular receiving water body or to a particular point along a receiving water body.
ENVIRONMENTALLY CRITICAL AREA
An area or feature which is of significant environmental value, including but not limited to: stream corridors; natural heritage priority sites; habitat of endangered or threatened species; large areas of contiguous open space or upland forest; steep slopes; and wellhead protection and groundwater recharge areas. Habitats of endangered or threatened species are identified using the Department's Landscape Project as approved by the Department's Endangered and Nongame Species Program.
EMPOWERMENT NEIGHBORHOOD
A neighborhood designated by the Urban Coordinating Council "in consultation and conjunction with" the New Jersey Redevelopment Authority pursuant to N.J.S.A. 55:19-69.
EROSION
The detachment and movement of soil or rock fragments by water, wind, ice or gravity.
IMPERVIOUS SURFACE
A surface that has been covered with a layer of material so that it is highly resistant to infiltration by water.
INFILTRATION
The process by which water seeps into the soil from precipitation.
MAJOR DEVELOPMENT
Any development that provides for ultimately disturbing one or more acres of land. Disturbance for the purpose of this rule is the placement of impervious surface or exposure and/or movement of soil or bedrock or clearing, cutting, or removing of vegetation.
MUNICIPALITY
Any city, borough, town, township, or village.
NODE
An area designated by the State Planning Commission concentrating facilities and activities, which are not organized in a compact form.
NUTRIENT
A chemical element or compound, such as nitrogen or phosphorus, which is essential to and promotes the development of organisms.
PERSON
Any individual, corporation, company, partnership, firm, association, Township of Verona, or political subdivision of this state subject to municipal jurisdiction pursuant to the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.
POLLUTANT
Any dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, refuse, oil, grease, sewage sludge, munitions, chemical wastes, biological materials, medical wastes, radioactive substance [except those regulated under the Atomic Energy Act of 1954, as amended (42 U.S.C. 2011 et seq.)], thermal waste, wrecked or discarded equipment, rock, sand, cellar, dirt, industrial, municipal, agricultural, and construction waste or runoff, or other residue discharged directly or indirectly to the land, groundwaters or surface waters of the state, or to a domestic treatment works. "Pollutant" includes both hazardous and nonhazardous pollutants.
RECHARGE
The amount of water from precipitation that infiltrates into the ground and is not evapotranspired.
SEDIMENT
Solid material, mineral or organic, that is in suspension, is being transported, or has been moved from its site of origin by air, water or gravity as a product of erosion.
SITE
The lot or lots upon which a major development is to occur or has occurred.
SOIL
All unconsolidated mineral and organic material of any origin.
STATE DEVELOPMENT AND REDEVELOPMENT PLAN METROPOLITAN PLANNING AREA (PA1)
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.
STATE PLAN POLICY MAP
The geographic application of the State Development and Redevelopment Plan's goals and statewide policies, and the official map of these goals and policies.
STORMWATER
Water resulting from precipitation (including rain and snow) that runs off the land's surface, is transmitted to the subsurface, or is captured by separate storm sewers or other sewage or drainage facilities, or conveyed by snow removal equipment.
STORMWATER RUNOFF
Water flow on the surface of the ground or in storm sewers, resulting from precipitation.
STORMWATER MANAGEMENT BASIN
An excavation or embankment and related areas designed to retain stormwater runoff. A stormwater management basin may either be normally dry (that is, a detention basin or infiltration basin), retain water in a permanent pool (a retention basin), or be planted mainly with wetland vegetation (most constructed stormwater wetlands).
STORMWATER MANAGEMENT MEASURE
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.
URBAN COORDINATING COUNCIL EMPOWERMENT NEIGHBORHOOD
A neighborhood given priority access to state resources through the New Jersey Redevelopment Authority.
URBAN ENTERPRISE ZONES
A zone designated by the New Jersey Enterprise Zone Authority pursuant the the New Jersey Urban Enterprise Zone Act, N.J.S.A. 52:27H-60 et seq.
URBAN REDEVELOPMENT AREA
Previously developed portions of areas:
A. 
Delineated on the State Plan Policy Map (SPPM) as the Metropolitan Planning Area (PA1), Designated Centers, Cores or Nodes;
B. 
Designated as CAFRA Centers, Cores or Nodes;
C. 
Designated as Urban Enterprise Zones; and
D. 
Designated as Urban Coordinating Council Empowerment Neighborhoods.
WATERS OF THE STATE
The ocean and its estuaries, all springs, streams, wetlands, and bodies of surface water or groundwater, whether natural or artificial, within the boundaries of the State of New Jersey or subject to its jurisdiction.
WETLANDS or WETLAND
An area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as hydrophytic vegetation.
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, and stormwater runoff quality standards in § 123-9. To the maximum extent practicable, these standards shall be met by incorporating nonstructural stormwater management strategies into the design. If these strategies alone are not sufficient to meet these standards, structural stormwater management measures necessary to meet these standards shall be incorporated into the design.
(2) 
The standards in this article 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 the 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 § 123-15.
B. 
Stormwater management measures shall avoid adverse impacts of concentrated flow on habitat for threatened and endangered species as documented in the Department's Landscape Project or Natural Heritage Database established under N.J.S.A. 13:1B-15.147 through 15.150, particularly Helonias bullata (swamp pink) and/or Clemmys muhlnebergi (bog turtle).
C. 
The following linear development projects are exempt from the groundwater recharge, stormwater runoff quantity, and stormwater runoff quality requirements of § 123-9F and G.
(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 groundwater recharge, stormwater runoff quantity, and stormwater runoff quality requirements of § 123-9F and G 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 § 123-9F and G to the maximum extent practicable;
(3) 
The applicant demonstrates that, in order to meet the requirements of § 123-9F and G, existing structures currently in use, such as homes and buildings, would need to be condemned; and
(4) 
The applicant demonstrates that it does not own or have other rights to areas, including the potential to obtain through condemnation lands not falling under Subsection D(3) above within the upstream drainage area of the receiving stream, that would provide additional opportunities to mitigate the requirements of § 123-9F and G that were not achievable on site.
E. 
Nonstructural stormwater management strategies.
(1) 
To the maximum extent practicable, the standards in § 123-9 F and G shall be met by incorporating nonstructural stormwater management strategies set forth at Subsection E into the design. The applicant shall identify the nonstructural measures incorporated into the design of the project. If the applicant contends that it is not feasible for engineering, environmental, or safety reasons to incorporate any nonstructural stormwater management measures identified in Subsection E(2) below into the design of a particular project, the applicant shall identify the strategy considered and provide a basis for the contention.
(2) 
Nonstructural stormwater management strategies incorporated into site design shall:
(a) 
Protect areas that provide water quality benefits or areas particularly susceptible to erosion and sediment loss;
(b) 
Minimize impervious surfaces and break up or disconnect the flow of runoff over impervious surfaces;
(c) 
Maximize the protection of natural drainage features and vegetation;
(d) 
Minimize the decrease in the time of concentration from preconstruction to postconstruction. "Time of concentration" is defined as the time it takes for runoff to travel from the hydraulically most distant point of the watershed to the point of interest within a watershed;
(e) 
Minimize land disturbance including clearing and grading;
(f) 
Minimize soil compaction;
(g) 
Provide low-maintenance landscaping that encourages retention and planting of native vegetation and minimizes the use of lawns, fertilizers and pesticides;
(h) 
Provide vegetated open-channel conveyance systems discharging into and through stable vegetated areas;
(i) 
Provide other source controls to prevent or minimize the use or exposure of pollutants at the site, in order to prevent or minimize the release of those pollutants into stormwater runoff. Such source controls include, but are not limited to:
[1] 
Site design features that help to prevent accumulation of trash and debris in drainage systems, including features that satisfy Subsection E(3) below;
[2] 
Site design features that help to prevent discharge of trash and debris from drainage systems;
[3] 
Site design features that help to prevent and/or contain spills or other harmful accumulations of pollutants at industrial or commercial developments; and
[4] 
When establishing vegetation after land disturbance, applying fertilizer in accordance with the requirements established under the Soil Erosion and Sediment Control Act, N.J.S.A. 4:24-39 et seq., and implementing rules.
(3) 
Site design features identified under § 123-9E(2)(i)[2] above shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets. For purposes of this paragraph, "solid and floatable materials" means sediment, debris, trash, and other floating, suspended, or settleable solids. For exemptions to this standard see § 123-9E(3)(c) below.
(a) 
Design engineers shall use either of the following grates whenever they use a grate in pavement or another ground surface to collect stormwater from that surface into a storm drain or surface water body under the grate: the New Jersey Department of Transportation (NJDOT) bicycle safe grate, which is described in Chapter 2.4 of the NJDOT Bicycle Compatible Roadways and Bikeways Planning and Design Guidelines (April 1996); or 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 inches across the smallest dimension. Examples of grates subject to this standard include grates in grate inlets, the grate portion (non-curb-opening portion) of combination inlets, grates on storm sewer manholes, ditch grates, trench grates, and grates of spacer bars in slotted drains. Examples of ground surfaces include surfaces of roads (including bridges), driveways, parking areas, bikeways, plazas, sidewalks, lawns, fields, open channels, and stormwater basin floors.
(b) 
Whenever design engineers use a curb-opening inlet, the clear space in that curb opening (or each individual clear space, if the curb opening has two or more clear spaces) shall have an area of no more than seven square inches, or be no greater than two inches across the smallest dimension.
(c) 
This standard does not apply:
[1] 
Where the review agency determines that this standard would cause inadequate hydraulic performance that could not practicably be overcome by using additional or larger storm drain inlets that meet these standards;
[2] 
Where flows from the water quality design storm as specified in § 123-9G(1) 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:
[a] 
A rectangular space 4 5/8 inches long and 1 1/2 inches wide (this option does not apply for outfall netting facilities); or
[b] 
A bar screen having a bar spacing of 0.5 inches.
[3] 
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 § 123-9G(1);
[4] 
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.
(4) 
Any land area used as a nonstructural stormwater management measure to meet the performance standards in § 123-9F and G shall be dedicated to a government agency, subjected to a conservation restriction filed with the Essex County Clerk's office, or subject to an approved equivalent restriction that ensures that measure or an equivalent management measure approved by the reviewing agency is maintained in perpetuity.
(5) 
Guidance for nonstructural stormwater management strategies is available in the New Jersey Stormwater Best Management Practices Manual. The BMP Manual may be obtained from the address identified in § 123-12, or found on the Department's Web site at www.njstormwater.org.
F. 
Erosion control, groundwater recharge and runoff quantity standards.
(1) 
This subsection contains minimum design and performance standards to control erosion, encourage and control infiltration and groundwater recharge, and control stormwater runoff quantity impacts of major development.
(a) 
The minimum design and performance standards for erosion control are those established under the Soil Erosion and Sediment Control Act, N.J.S.A. 4:24-39 et seq., and implementing rules.
(b) 
The minimum design and performance standards for groundwater recharge are as follows:
[1] 
The design engineer shall, using the assumptions and factors for stormwater runoff and groundwater recharge calculations at § 123-9, 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 postconstruction for the two-year storm is infiltrated.
[2] 
This groundwater recharge requirement does not apply to projects within the urban redevelopment area, or to projects subject to Subsection F(1)(b)[3] below.
[3] 
The following types or 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 40CFR 302.4; areas where recharge would be inconsistent with Department-approved remedial action work plan or landfill closure plan and areas with high risks for spills of toxic materials, such as gas stations and vehicle maintenance facilities; and
[b] 
Industrial stormwater exposed to source material. "Source material" means any material(s) or machinery, located at an industrial facility, that is directly and 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.
[4] 
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 and other subsurface structures in the vicinity or downgradient of the groundwater recharge area.
(c) 
In order to control stormwater runoff quantity impacts, the design engineer shall, using the assumptions and factors for stormwater runoff calculations at § 123-9, complete one of the following:
[1] 
Demonstrate through hydrologic and hydraulic analysis that for stormwater leaving the site, postconstruction runoff hydrographs for the two-, ten-, and one-hundred-year storm events do not exceed, at any point in time, the preconstruction runoff hydrographs for the same storm events;
[2] 
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 one-hundred-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;
[3] 
Design stormwater management measures so that the postconstruction peak runoff rates for the two-, ten-, and one-hundred-year storm events are 50%, 75% and 80%, respectively, of the preconstruction peak runoff rates. The percentages apply to the postconstruction stormwater runoff that is attributable to the portion of the site on which the proposed development or project is to be constructed. The percentages shall not be applied to postconstruction stormwater runoff into tidal flood hazard areas if the increased volume of stormwater runoff will not increase flood damages below the point of discharge.
(2) 
Any application for a new agricultural development that meets the definition of major development at § 123-7 shall be submitted to the appropriate Huson-Essex Soil Conservation District for review and approval in accordance with the requirements of this section and any applicable Soil Conservation District guidelines for stormwater runoff quantity and erosion control. For the purposes of this section, agricultural development means land uses normally associated with the production of food, fiber and livestock for sale. Such uses do not include the development of land for the processing or sale of food and the manufacturing of agriculturally related products.
G. 
Stormwater runoff quality standards.
(1) 
Stormwater management measures shall be designed to reduce the postconstruction load of total suspended solids (TSS) in stormwater runoff by 80% of the anticipated load from the developed site, expressed as an annual average. Stormwater management measures shall only be required for water quality control if an additional 1/4 acre of impervious surface is being proposed on a development site. 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 Pollution Discharge Elimination System (NJPDES) rules, N.J.A.C. 7:14A, or in a discharge specifically exempt under a NJPDES permit from this requirement. 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 1. The calculation of the volume of runoff may take into account the implementation of nonstructural and structural stormwater management measures.
Table 1
Water Quality Design Storm Distribution
Time
(minutes)
Cumulative
Rainfall
(inches)
Time
(minutes)
Cumulative
Rainfall
(inches)
0
0.0000
65
0.8917
5
0.0083
70
0.9917
10
0.0166
75
1.0500
15
0.0250
80
1.0840
20
0.0500
85
1.1170
25
0.0750
90
1.1500
30
0.1000
95
1.1750
35
0.1330
100
1.2000
40
0.1660
105
1.2250
45
0.2000
110
1.2334
50
0.2583
115
1.2417
55
0.3583
120
1.2500
60
0.6250
(2) 
For purposes of TSS reduction calculations, Table 2 below presents the presumed removal rates for certain BMPs designed in accordance with the New Jersey Stormwater Best Management Practices Manual. The BMP Manual may be obtained from the address identified in § 123-12, or found on the Department's Web site at www.njstormwater.org. The BMP Manual and other sources of technical guidance are listed in § 123-12. TSS reduction shall be calculated based on the removal rates for the BMPs in Table 2 below. Alternative removal rates and methods of calculating removal rates may be used if the design engineer provides documentation demonstrating the capability of these alternative rates and methods to the review agency. A copy of any approved alternative rate of method of calculating the removal rate shall be provided to the Department at the following address: Division of Watershed Management, New Jersey Department of Environmental Protection, PO Box 418, Trenton, New Jersey 08625-0418.
(3) 
If more than one BMP in series is necessary to achieve the required eighty-percent TSS reduction for a site, the applicant shall utilize the following formula to calculate TSS reduction:
R = A+B-(AXB)/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
Table 2
TSS Removal Rates for BMPs
Best Management Practice
TSS Percent Removal Rate
Bioretention systems
90
Constructed stormwater wetland
90
Extended detention basin
40-60
Infiltration structure
80
Manufactured treatment device
See § 123-11C
Sand filter
80
Vegetative filter strip
60-80
Wet pond
50-90
(4) 
If there is more than one on-site drainage system, the eighty-percent TSS removal rate shall apply to each drainage area, unless the runoff from the subareas converge on one site, in which case the removal rate can be demonstrated through a calculation using a weighted average.
(5) 
Stormwater management measures shall also be designed to reduce, to the maximum extent feasible, the postconstruction 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 nonstructural strategies and structural measures that optimize nutrient removal while still achieving the performance standards in § 123-9F and G.
(6) 
Additional information and examples are contained in the New Jersey Stormwater Best Management Practice Manual, which may be obtained from the address identified in § 123-12.
(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.
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 the NRCS National Engineering Handbook Section 4 - Hydrology and Technical Release 55 - Urban Hydrology for Small Watersheds; or
(b) 
The Rational Method for peak flow and the Modified Rational Method for hydrograph computations.
(2) 
For the purpose of calculating runoff coefficient 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 NCRS methodology at § 123-10A(1)(a) and the Rational and Modified Rational Methods at § 123-10A(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 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 NCRS Technical Release 55 — Urban Hydrology for Small Watersheds and 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 Ground-Water 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 http://www.state.nj.us/dep/njgs/: or at New Jersey Geological Survey, 29 Arctic Parkway, P.O. Box 427, Trenton, New Jersey 08625-0427; (609) 984-6587.
A. 
Standards for structural stormwater management measures are as follows:
(1) 
Structural stormwater management measures shall be designed to take into account the existing site conditions, including, for example, environmentally critical areas, wetlands; flood-prone areas; slopes; depth to seasonal water table; soil type, permeability and texture; drainage area and drainage patterns; and the presence of solution-prone carbonate rocks (limestone).
(2) 
Structural stormwater management measures shall be designed to minimize maintenance, facilitate maintenance and repairs, and ensure proper functioning. Trash racks shall be installed at the intake to the outlet structure as appropriate, and shall have parallel bars with one-inch spacing between the bars to the elevation of the water quality design storm. For elevations higher than the water quality design storm, the parallel bars at the outlet structure shall be spaced no greater than 1/3 the width of the diameter of the orifice or 1/3 the width of the weir, with a minimum spacing between bars of one inch and a maximum spacing between bars of six inches. In addition, the design of trash racks must comply with the requirements of § 123-13D.
(3) 
Structural 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) 
At the intake to the outlet from the stormwater management basin, the orifice size shall be a minimum of 2 1/2 inches in diameter.
(5) 
Stormwater management basins shall be designed to meet the minimum safety standards for stormwater management basins at § 123-13.
B. 
Stormwater management measure guidelines are available in the New Jersey Stormwater Best Management Practices Manual. Other stormwater management measures may be utilized, provided the design engineer demonstrates that the proposed measure and its design will accomplish the required water quality, groundwater recharge and water quality design and performance standards established by § 123-9 of this article.
C. 
Manufactured treatment devices may be used to meet the requirements of § 123-9 of this article, provided the pollutant removal rates are verified by the New Jersey Corporation for Advanced Technology and certified by the Department.
A. 
Technical guidance for stormwater management measures can be found in the documents listed at Subsections A(1) and (2) below, which are available from Maps and Publications, New Jersey Department of Environmental Protection, 428 East State Street, P.O. Box 420, Trenton, New Jersey, 08625; (609) 777-1038.
(1) 
Guidelines for stormwater management measures are contained in the New Jersey Stormwater Best Management Practices Manual, as amended. Information is provided on stormwater management measures, such as: bioretention systems, constructed stormwater wetlands, dry wells, extended detention basins, infiltration structures, manufactured treatment devices, pervious paving, sand filters, vegetative filter strips, and wet ponds.
(2) 
The New Jersey Department of Environmental Protection Stormwater Management Facilities Maintenance Manual, as amended.
B. 
Additional technical guidance for stormwater management measures can be obtained from the following:
(1) 
The Standards for Soil Erosion and Sediment Control in New Jersey promulgated by the State Soil Conservation Committee and incorporated into N.J.A.C. 2:90. Copies of these standards may be obtained by contacting the State Soil Conservation Committee or any of the soil conservation districts listed in N.J.A.C. 2:90-1.3(a)4. The location, address and telephone number of each soil conservation district may be obtained from the State Soil Conservation Committee, P.O. Box 330, Trenton, New Jersey 08625; (609) 292-5540.
(2) 
The Rutgers Cooperative Extension Service, (732) 932-9306; and
(3) 
The soil conservation districts listed in N.J.A.C. 2:90-1.3(a)4. The location, address and telephone number of each soil conservation district may be obtained from the State Soil Conservation Committee, P.O. Box 330, Trenton, New Jersey, 08625 (609) 292-5540.
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. 
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 paragraph, escape provisions means the permanent installation of 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 § 123-13C, 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 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 § 123-13D 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.
C. 
Variance and exemption from safety standards.
(1) 
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.
D. 
Illustration of safety ledges in a new stormwater management basin as detailed by the NJDEP or designed by a licensed professional engineer.
A. 
Submission of site development stormwater plan.
(1) 
Whenever an applicant seeks municipal approval of a development subject to this article, the applicant shall submit all of the required components of the checklist for the site development stormwater plan at § 123-14C below as part of the submission of the applicant's application subdivision or site plan approval.
(2) 
The applicant shall demonstrate that the project meets the standards set forth in this article.
(3) 
The applicant shall submit 20 copies of the materials listed in the checklist for site development stormwater plans in accordance with § 123-14C of this article.
B. 
Site development stormwater plan approval. The applicant's site development project shall be reviewed as a part of the subdivision or site plan review process by the municipal board or official from which municipal approval is sought. That municipal board or official shall consult the engineer retained by the Planning Board 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 article.
C. 
Checklist requirements. 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 include 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 environs. 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 plan(s). 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 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 of proposed changes in natural conditions may also be provided.
(4) 
Land use planning and source control plan. This plan shall provide a demonstration of how the goals and standards of §§ 123-8 through 123-11 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 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, 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 predevelopment and postdevelopment conditions for the design storms specified in § 123-9 of this article.
(b) 
When the proposed stormwater management control measures (e.g., infiltration basins) depends on the hydrologic properties of soils, then a soils report shall be submitted. The soils report shall be based on on-site 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 § 123-1.
(8) 
Waiver from submission requirements. The municipal official or board reviewing an application under this article may, in consultation with the Municipal Engineer, waive submission of any of the requirements in § 123-14C(1) through (6) of this article 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 § 123-6C shall comply with the requirements of § 123-15B 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 preventive 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 the preventive and corrective maintenance (including replacement). Maintenance guidelines for stormwater management measures are available in the New Jersey Stormwater Best Management Practices Manual. 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.
(3) 
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.
(4) 
If the person responsible for maintenance identified under § 123-15B(2) above is not a public agency, the maintenance plan and any future revisions based on § 123-15B(7) below shall be recorded upon the deed of record for each property on which the maintenance described in the maintenance plan must be undertaken.
(5) 
Preventive 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.
(6) 
The person responsible for maintenance identified under § 123-15B(2) above shall 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.
(7) 
The person responsible for maintenance identified under § 123-15B(2) above shall submit an annual maintenance report, including all preventative and corrective maintenance for the structural stormwater management measures incorporated into the design of the development, to the Township Engineer every May 1.
(8) 
The person responsible for maintenance identified under § 123-15B(2) above shall evaluate the effectiveness of the maintenance plan at least once per year and adjust the plan and the deed as needed.
(9) 
The person responsible for maintenance identified under § 123-15B(2) above shall 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 § 123-15B(6) and (7) above.
(10) 
The person responsible for maintenance identified under § 123-15B(2) must post a two-year maintenance guarantee in accordance with N.J.S.A. 40:55D-53. This person must develop a written maintenance and inspection program to be approved by the Township of Verona. Guidelines for developing a maintenance and inspection program are provided in the New Jersey Stormwater Best Management Practices Manual and the NJDEP Ocean County Demonstration Study, Stormwater Management Facilities Maintenance Manual, dated June 1989, available from NJDEP, Watershed Management Program.
(11) 
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 Township 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.
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.