a. Curbs, gutters and storm water drainage systems shall be provided along all streets in accordance with Chapter VIII of this revision on Excavation and Construction in Public Streets.
b. Curbs, gutters and storm water drainage systems shall be adequate to handle the maximum water runoff from tributary lands.
a. Sidewalks shall be provided along both sides of all streets in accordance with Chapter VIII this revision on Excavation and Construction in Public Streets. Specific exemptions from this requirement detailed in subsection 8-2.3 do not apply in the case of new streets in a new subdivision.
b. Sidewalks shall be located a minimum of one foot within the street right-of-way. It is preferred that sidewalk be located to maximize planting strip between sidewalk and curbs.
c. All sidewalks shall have a minimum slope of one-quarter inch per foot toward the curb line. This slope shall be consistent from the rear of the sidewalk to the top of the proposed or existing curb.
No topsoil shall be permanently removed from areas intended for lawn or open space. Topsoil removed during the course of construction shall be redistributed within the tract so as to provide a minimum 4" cover to all areas to be seeded, sodded, or planted with trees or shrubs. Surplus topsoil within a development tract which exceeds the needs of the developer by that particular subdivision or site shall be removed by the developer to a storage location designated by the Township engineer within the Township for the use by the Township as it may see fit. Such surplus topsoil is considered to be a natural resource of the Township and is not to be sold or transported by the developer or his agent out of the Township. If requested by the developer, and approved by the Township engineer, surplus topsoil may be transferred to another project or subdivision within the Township which is under the control of the developer for use in that subdivision. All other surplus topsoil shall become the property of the Township for use or disposal as the Township may see fit.
Where additional topsoil must be added to a development in order to provide the minimum 4" deep topsoil cover prior to sowing of seed or sod, or planting of trees or shrubs, such topsoil shall consist of natural fertile agricultural soil of good texture, free from subsoil and it shall be taken from an area which has never been stripped. Such topsoil shall be of uniform quality, free from roots, sods, rubbish, Japanese Beetle and other dangerous insect larvae and shall have come from arable areas with good normal drainage.
Monuments shall be installed in compliance with the New Jersey Map Filing Law.
a. A preliminary grading and drainage system shall be a part of the preliminary site plan or subdivision plat. It shall indicate a proposal for an adequate system of drainage structures to carry off and store or discharge the storm water runoff and natural drainage water which originates not only within the property boundaries, but also that which originates beyond the property boundaries and flows across the boundaries of the subject property.
The final drainage plan shall show a positive method to provide for subsurface disposal of sump pump discharges. Sump pumps shall not discharge into the gutter through curb openings, driveway aprons, or any other means. Where storm sewers are not available for a direct connection of the sump pump discharge hose, the developer will provide an auxiliary subsurface discharge facility for the purpose of conducting the sump pump discharge water to the storm sewer system.
1. The grading and drainage system shall be so designed that the peak flow rate of storm water runoff and natural drainage leaving the site after development does not exceed the peak flow rate prior to development. Calculations showing the peak flow rate before and after development for two year, ten year, 25 year and 100 year storm events shall be submitted as part of the preliminary application.
b. The public improvement and utility plans and profiles shall show the final drainage plan and street profiles. They shall be prepared and submitted with the final plat after approval of the preliminary plat and drainage plan and calculations.
c. No storm water runoff or natural drainage water shall be so diverted as to overload existing drainage systems or create flooding or the need for additional drainage structures on other private properties or public lands.
d. Existing or proposed ditches or brooks shall have a right-of-way offered to the Township for dedication for drainage purposes. Such right-of-way shall be shown on the drainage plan and on the final plat and shall be of sufficient width to include a 15 foot wide access strip adjacent to the ditch or brook bank top in addition to the width of the ditch or brook as measured from bank top to bank top.
e. Land subject to periodic or occasional flooding shall not be plotted for residential occupancy or for any other use which may endanger life or property or aggravate the flood hazard, either on the site or off-tract. Nothing in this chapter shall be construed to prevent a developer from filling the land or constructing bulkheads or retaining walls, provided such work meets the requirements of the Township, the Township engineer, the New Jersey Department of Environmental Protection, or any other review agency which may have jurisdiction within the project area. All approvals must be obtained from such review agencies prior to final approval by the Township.
f. All stormwater management measures for a development regardless of use, including structural stormwater management strategies, detention basins, and other stormwater management facilities and stormwater collection and conveyance structures, shall be designed in accordance with and comply with the provisions of section 21-55.14 of the Township of Ocean and the Residential Site Improvement Standards, N.J.A.C.5:21-7 et seq. as applicable.
g. Development not defined as a 'major development', stormwater management measures shall only be developed to meet the stormwater runoff quality in Sections 21-55.14.d of this ordinance
a. In any development easements along rear property lines, or elsewhere, for utility installations may be required. Such easements shall be at least 15 feet wide and located in consultation with the utility companies or Township departments concerned.
b. All public water, fire hydrants, storm sewers and sanitary sewer mains shall be installed in accordance with the specifications of the governmental authority, district, or utility company which has jurisdiction over a particular improvement.
c. A letter approving such a proposed installation and a statement of capability to provide service, including who will carry out the construction, signed by a responsible official of the governmental authority, district, or utility company concerned shall be directed to the chairman of the Municipal Agency and shall be received prior to the signing of the final plat.
d. Utility extensions, including distribution and/or supply lines, required in connection with development applications and/or construction permits, shall be constructed underground. In all subdivisions and site plans, the developer shall, with the approval of the Township Engineer, arrange with all servicing utility companies for the installation and construction of the utilities' distribution and supply facilities, both on tract and off tract, to be underground. Electric distribution and supply facilities and telephone lines shall be constructed underground in accordance with the Standard Terms and conditions incorporated as a part of the Utility's Tariff for Electric and telephone Service as the same at the time are on file with the State of New Jersey Board of Public Utility commissioners and shall submit to the Municipal Agency a copy of the Written instruction from which utility evidencing compliance with this provision.
As a condition of final approval, the Municipal Agency may require the payment of the developer's pro-rata share of the following off-site and off-tract improvements: street improvements, water system, sewerage, drainage facilities, recreation and education facilities and easements. Street improvements shall include, but are not limited to intersection improvments, approach street improvements, traffic control improvements, and such other improvements as may be required due to anticipated or projected increased traffic movements or counts resulting from the proposed subdivision or project.
a. Essential off-site and off-tract improvements may be required to be installed or a performance guarantee furnished in lieu thereof, with the total cost borne by the developer.
1. Where a development has no direct access to an improved street or public or private central water supply or central sanitary sewer and does not qualify for individual sewage disposal systems, the Municipal Agency may nevertheless grant final approval if the developer shall acquire and improve such street between the development and an existing improved street and, in the case of water/sewer system(s), if the developer shall acquire and improve such water and sanitary sewer connections between the development and existing facilities.
2. Where a development creates a demand for water supply and/or sewerage treatment beyond the capacity of the present facilities and causes the need for a new or expanded well, pump or storage tank for water supply and/or a new or expanded sewage treatment plant and ancillary equipment, the Municipal Agency may nevertheless grant final plat approval if the developer shall acquire land for, improve and dedicate such water and sewer facilities, all as approved by the Municipal Agency, governing body and serving utility company. Where such new or expanded facilities will have a capacity beyond the needs of the development, the cost to the developer shall be determined in accordance with paragraph b. below.
3. Where drainage waters are diverted from the development into other drainage systems or onto other lands or streets and they are not adequate to accommodate the additional waters, the Municipal Agency may grant final approval if the developer shall acquire, improve and dedicate to the Township such enlarged, additional or new drainage facilities.
4. In lieu of the developer's performing such off-site and off-tract work, the developer may request and the governing body may enter into an agreement for such work to be performed by the Township or its contractors at the cost of the developer.
5. Where the Municipal Agency determines that off-site and off-tract improvements are essential to the development and the developer does not consent to the improvements, the application shall be denied, without prejudice, to a future application at such time as the conditions no longer apply.
b. Advisable Off-Site and Off-Tract Improvement. Where the Municipal Agency finds that off-site and off-tract improvements would be advisable, although not essential, and the improvements would promote the objectives of this chapter and can be most appropriately accomplished in connection with the development and particularly where the off-site and off-tract improvements would be required to be made as a local improvement by the Township, with the costs thereof to be assessed against all properties specially benefited thereby, including the property of the developer, the following provisions shall apply:
1. During the processing of the application the Municipal Agency shall refer its recommendations for off-site and off-tract improvements to the governing body.
2. If the governing body concurs, the Township engineer shall determine the nature of the off-site and off-tract improvements, including the needs created by the applicant's proposed development and the then existing needs in the area, notwithstanding any work of the applicant.
3. The Township engineer shall estimate the costs of such work, including all costs to be in any local improvement ordinance and those to be assessed to the developer and including costs for construction, engineering, any easement or right-of-way acquisition, legal work, advertising, contingencies, bonding and assessments.
4. If the governing body will not adopt a local improvement ordinance, the final development shall be designed accordingly, and the Municipal Agency shall proceed on that basis.
5. If a local improvement ordinance is adopted, the governing body shall proceed in the following manner:
(a) If sufficient funds are available for the initial appropriation, the governing body may appropriate such funds and adopt such ordinance.
(b) If sufficient funds are not available for the initial appropriation, the governing body may determine the anticipated amount that the lands of the applicant would be expected to be assessed.
(1)The amount determined by the governing body shall then be deposited by the applicant with the Township director of finance prior to final approval and prior to introduction of such local improvement ordinance.
(2)Such deposit shall be made concurrent with an agreement between the applicant and the Township concerning the uses of the deposit, which shall include the following stipulations: that said funds shall be used by the Township solely for the expenses of such off-site and off-tract improvements; that such deposit may be appropriated by the Township, with other funds of the Township, and may be commingled with other appropriated funds and expended by the Township in connection with such purposes; that, if such deposit is not used by the Township within a specified time agreed upon by the applicant, said funds shall be distributed in accordance with the terms of said agreement; that, upon completion of the work by the Township or its contractors, the properties specially benefited by such improvement shall be assessed as provided by law, including the property of applicant; that the applicant's deposit shall be credited against the assessment made upon applicant's property, whether or not applicant is then the owner thereof; and that if such deposit was less than the amount ultimately assessed against such property, then the owner(s) of said property shall pay the difference between the deposit and such assessment; or, if the deposit exceeded the amount assessed, the excess shall be refunded to the applicant, without interest.
(3)Where said off-site and off-tract improvements are found by the Municipal Agency to be advisable and important to the sound development of the site, but the developer is unwilling to make such deposit as specified above, then there shall be no final approval until funds become available for the initial appropriation required to adopt the local improvement ordinance.
6. The determination of the governing body whether or not to proceed toward the adoption of a local improvement ordinance shall be made within 30 days after the referral by the Municipal Agency, unless such time shall be extended with the consent of the applicant. If the determination is not made within the designated period, the Municipal Agency may proceed as if the governing body had determined that it would not adopt such local improvement ordinance.
c. All stormwater management measures for off-site and off-tract improvements regardless of use, including structural stormwater management strategies, detention basins and other stormwater management facilities and stormwater collection and conveyance structures, shall be designed in accordance with and comply with the provisions of Section 21-55.14 of the Land Development Ordinance of the Township of Ocean and the Residential Site Improvement Standards, N.J.A.C. 5:21-7 et seq.
a. Scope and Purpose
1. Policy Statement
Flood control, groundwater recharge, and pollutant reduction through Nonstructural or low impact techniques shall be explored before relying on structural BMP. 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 or 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 discharge.
2. Purpose
It is the purpose of this ordinance to establish minimum stormwater management requirements and controls for "major development," as defined in 21-55.14.b.
3. Applicability
(a) This ordinance shall be applicable to all site plans and subdivisions for the following major developments that require preliminary or final site plan or subdivision review:
(1) Non-residential major developments; and
(2) Aspects of residential major developments that are not pre-empted by the Residential Site Improvement Standards at N.J.A.C. 5:21.
(b) This ordinance shall also be applicable to all major developments undertaken by Township of Ocean.
4. Compatibility with Other Permit and Ordinance Requirements
Development approvals issued for subdivisions and site plans pursuant to this ordinance 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 ordinance shall be held to be the minimum requirements for the promotion of the public health, safety, and general welfare. This ordinance is not intended to interfere with, abrogate, or annul any other ordinances, rule or regulation, statute, or other provision of law except that, where any provision of this ordinance imposes restrictions different from those imposed by any other ordinance, rule or regulation, or other provision of law, the more restrictive provisions or higher standards shall control.
b. Definitions
Unless specifically defined below, words or phrases used in this ordinance shall be interpreted so as to give them the meaning they have in common usage and to give this ordinance 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.
CAFRA PLANNING MAP means 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.
CAFRA CENTERS, CORES OR NODES means those areas within boundaries accepted by the Department pursuant to N.J.A.C. 7:8E-5B.
COMPACTION means the increase in soil bulk density.
CORE means a pedestrian-oriented area of commercial and civic uses serving the surrounding municipality, generally including housing and access to public transportation.
COUNTY REVIEW AGENCY means 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:
A county planning agency; or
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 means the New Jersey Department of Environmental Protection.
DESIGNATED CENTER means a State Development and Redevelopment Plan Center as designated by the State Planning Commission such as urban, regional, town, village, or hamlet.
DESIGN ENGINEER 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.
DEVELOPMENT means 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 means a geographic area within which stormwater, sediments, or dissolved materials drain to a particular receiving waterbody or to a particular point along a receiving waterbody.
ENVIRONMENTALLY CRITICAL AREAS means 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 means 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 means the detachment and movement of soil or rock fragments by water, wind, ice or gravity.
IMPERVIOUS SURFACE means a surface that has been covered with a layer of material so that it is highly resistant to infiltration by water.
INFILTRATION is the process by which water seeps into the soil from precipitation.
MAJOR DEVELOPMENT means 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 means any city, borough, town, township, or village.
NODE means an area designated by the State Planning Commission concentrating facilities and activities which are not organized in a compact form.
NUTRIENT means a chemical element or compound, such as nitrogen or phosphorus, which is essential to and promotes the development of organisms.
PERSON means any individual, corporation, company, partnership, firm, association, Township of Ocean, 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 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. "Pollutant" includes both hazardous and nonhazardous pollutants.
RECHARGE means the amount of water from precipitation that infiltrates into the ground and is not evapotranspired.
SEDIMENT 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.
SITE means the lot or lots upon which a major development is to occur or has occurred.
SOIL means all unconsolidated mineral and organic material of any origin.
STATE DEVELOPMENT AND REDEVELOPMENT PLAN METROPOLITAN PLANNING AREA (PA1) means 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 is defined as the geographic application of the State Development and Redevelopment Plan's goals and statewide policies, and the official map of these goals and policies.
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.
STORMWATER RUNOFF means water flow on the surface of the ground or in storm sewers, resulting from precipitation.
STORMWATER MANAGEMENT BASIN means 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 means 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 non-stormwater discharges into stormwater conveyances.
TIDAL FLOOD HAZARD AREA means a flood hazard area, which may be influenced by stormwater runoff from inland areas, but which is primarily caused by the Atlantic Ocean.
URBAN COORDINATING COUNCIL EMPOWERMENT NEIGHBORHOOD means a neighborhood given priority access to State resources through the New Jersey Redevelopment Authority.
URBAN ENTERPRISE ZONES means a zone designated by the New Jersey Enterprise Zone Authority pursuant to the New Jersey Urban Enterprise Zones Act, N.J.S.A. 52:27H-60 et. seq.
URBAN REDEVELOPMENT AREA is defined as previously developed portions of areas:
(1) Delineated on the State Plan Policy Map (SPPM) as the Metropolitan Planning Area (PA1), Designated Centers, Cores or Nodes;
(2) Designated as CAFRA Centers, Cores or Nodes;
(3) Designated as Urban Enterprise Zones; and
(4) Designated as Urban Coordinating Council Empowerment Neighborhoods.
WATERS OF THE STATE means the ocean and its estuaries, all springs, streams, wetlands, and bodies of surface or ground water, whether natural or artificial, within the boundaries of the State of New Jersey or subject to its jurisdiction.
WETLANDS OR WETLAND means an area that is inundated or saturated by surface water or ground water at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as hydrophytic vegetation.
c. General Standards
1. Design and Performance Standards for Stormwater Management Measures
(a) 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 Section 21- 55.14.d. 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.
(b) The standards in this ordinance apply only to new major development and are intended to minimize the impact of stormwater runoff on water quality and water quantity in receiving water bodies and maintain groundwater recharge. The standards do not apply to new major development to the extent that alternative design and performance standards are applicable under a regional stormwater management plan or Water Quality Management Plan adopted in accordance with Department rules.
d. Stormwater Management Requirements for Major Development
1. The development shall incorporate a maintenance plan for the stormwater management measures incorporated into the design of a major development in accordance with Section 21-55.14.j.
2.Stormwater management measures shall avoid adverse impacts of concentrated flow on habitat for threatened and endangered species as documented in the Department' Landscape Project or Natural Heritage Database established under N.J.S.A. 13:1 B-15.147 through 15.150, particularly Helonias bullata (swamp pink) and/or Clemmys muhlnebergi (bog turtle).
3. The following linear development projects are exempt from the groundwater recharge, stormwater runoff quantity, and stormwater runoff quality requirements of Sections 21-55.14.d.6. and 21-55.14.d.7.:
(a) The construction of an underground utility line provided that the disturbed areas are revegetated upon completion;
(b) The construction of an aboveground utility line provided that the existing conditions are maintained to the maximum extent practicable; and
(c) The construction of a public pedestrian access, such as a sidewalk or trail with a maximum width of 14 feet, provided that the access is made of permeable material.
4. A waiver from strict compliance from the groundwater recharge, stormwater runoff quantity, and stormwater runoff quality requirements of Sections 21- 55.14.d.6. and 21-55.14.d.7. may be obtained for the enlargement of an existing public roadway or railroad; or the construction or enlargement of a public pedestrian access, provided that the following conditions are met:
(a) The applicant demonstrates that there is a public need for the project that cannot be accomplished by any other means;
(b) The applicant demonstrates through an alternatives analysis, that through the use of nonstructural and structural stormwater management strategies and measures, the option selected complies with the requirements of Sections 21-55.14.d.6. and 21-55.14.d.7. to the maximum extent practicable;
(c) The applicant demonstrates that, in order to meet the requirements of Sections 21-55.14.d.6. and 21-55.14.d.7., existing structures currently in use, such as homes and buildings, would need to be condemned; and
(d) The applicant demonstrates that it does not own or have other rights to areas, including the potential to obtain through condemnation lands not falling under 4 (c) above within the upstream drainage area of the receiving stream, that would provide additional opportunities to mitigate the requirements of Sections 21-55.14.d.6. and 21-55.14.d.7. that were not achievable on-site.
5. Nonstructural Stormwater Management Strategies
(a) To the maximum extent practicable, the standards in Section 21-55.14.d.6. and Section 21-55.14.d.7 shall be met by incorporating nonstructural stormwater management strategies set forth at Section 21.-55.14.d.5. 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 Paragraph 2 below into the design of a particular project, the applicant shall identify the strategy considered and provide a basis for the contention.
(b) Nonstructural stormwater management strategies incorporated into site design shall:
(1) Protect areas that provide water quality benefits or areas particularly susceptible to erosion and sediment loss;
(2) Minimize impervious surfaces and break up or disconnect the flow of runoff over impervious surfaces;
(3) Maximize the protection of natural drainage features and vegetation;
(4) Minimize the decrease in the "time of concentration" from pre-construction to post construction. "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;
(5) Minimize land disturbance including clearing and grading;
(6) Minimize soil compaction;
(7) Provide low-maintenance landscaping that encourages retention and planting of native vegetation and minimizes the use of lawns, fertilizers and pesticides;
(8) Provide vegetated open-channel conveyance systems discharging into and through stable vegetated areas;
(9) 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 Section 21- 55.14.d.5(c) below;
ii. Site design features that help to prevent discharge of trash and debris from drainage systems;
iii Site design features that help to prevent and/or contain spills or other harmful accumulations of pollutants at industrial or commercial developments; and
iv. 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.
(c) Site design features identified under Section 21-55.14.d.5.(b)(9)ii. 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 Section 21-55.14.d.5.(c)(3) below.
(1) 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
ii. 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 basin floors.
(2) 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 (7.0) square inches, or be no greater than two (2.0) inches across the smallest dimension.
(3) 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;
ii. Where flows from the water quality design storm as specified in 21- 55.14.d.7(a) 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 four and five-eighths inches long and one and one-half inches wide (this option does not apply for outfall netting facilities); or
b. A bar screen having a bar spacing of 0.5 inches.
iii. Where flows are conveyed through a trash rack that has parallel bars with one-inch (1") spacing between the bars, to the elevation of the water quality design storm as specified in 21-55.14.d.7(a), or
iv. 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.
(d) Any land area used as a nonstructural stormwater management measure to meet the performance standards in 21-55.14.d.6 and 21-55.14.d.7 shall be dedicated to a government agency, subjected to a conservation restriction filed with the appropriate County Clerk's office, or subject to an approved equivalent restriction that ensures that measure or an equivalent stormwater management measure approved by the reviewing agency is maintained in perpetuity.
(e) 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 Section 21- 55.14.g., or found on the Department's website at www.njstormwater.org.
6. Erosion Control, Groundwater Recharge and Runoff Quantity Standards
(a) 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.
(1) 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.
(2) 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 Section 21-55.14.e. either:
a. Demonstrate through hydrologic and hydraulic analysis that the site and its stormwater management measures maintain 100 percent of the average annual pre-construction groundwater recharge volume for the site; or
b. Demonstrate through hydrologic and hydraulic analysis that the increase of stormwater runoff volume from pre-construction to post-construction for the 2-year storm is infiltrated.
ii. This groundwater recharge requirement does not apply to projects within the "urban redevelopment area," or to projects subject to (3) below.
iii. The following types of stormwater shall not be recharged:
a. Stormwater from areas of high pollutant loading. High pollutant loading areas are areas in industrial and commercial developments where solvents and/or petroleum products are loaded/unloaded, stored, or applied, areas where pesticides are loaded/unloaded or stored; areas where hazardous materials are expected to be present in greater than "reportable quantities" as defined by the United States Environmental Protection Agency (EPA) at 40 CFR 302.4; areas where recharge would be inconsistent with Department approved remedial action work plan or landfill closure plan and areas with high risks for spills of toxic materials, such as gas stations and vehicle maintenance facilities; and
b. Industrial stormwater exposed to "source material." SOURCE MATERIAL means any material(s) or machinery, located at an industrial facility that is directly or indirectly related to process, manufacturing or other industrial activities, which could be a source of pollutants in any industrial stormwater discharge to groundwater. Source materials include, but are not limited to, raw materials; intermediate products; final products; waste materials; by-products; industrial machinery and fuels, and lubricants, solvents, and detergents that are related to process, manufacturing, or other industrial activities that are exposed to stormwater.
iv. 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.
(3) In order to control stormwater runoff quantity impacts, the design engineer shall, using the assumptions and factors for stormwater runoff calculations at Section 21-55.14.e., complete one of the following:
1. Demonstrate through hydrologic and hydraulic analysis that for stormwater leaving the site, post-construction runoff hydrographs for the two, 10, and 100-year storm events do not exceed, at any point in time, the pre-construction runoff hydrographs for the same storm events;
ii. Demonstrate through hydrologic and hydraulic analysis that there is no increase, as compared to the pre-construction condition, in the peak runoff rates of stormwater leaving the site for the two, 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;
iii. 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 percent, 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. The percentages shall not be applied to post-construction stormwater runoff into tidal flood hazard areas if the increased volume of stormwater runoff will not increase flood damages below the point of discharge; or
iv. In tidal flood hazard areas, stormwater runoff quantity analysis in accordance with (1), (2) and (3) above shall only be applied if the increased volume of stormwater runoff could increase flood damages below the point of discharge.
(b) Any application for a new agricultural development that meets the definition of major development at Section 21-55.14.b. shall be submitted to the appropriate 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.
7. Stormwater Runoff Quality Standards
(a) Stormwater management measures shall be designed to reduce the post-construction load of total suspended solids (TSS) in stormwater runoff by 80 percent 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 non-structural and structural stormwater management measures.
