A. General requirements. All storm drainage facilities shall be constructed in accordance with the applicable requirements of the Standard Specifications. The developer or his engineer shall submit complete calculations, specifications, plans and details for all proposed storm drainage facilities. Any field samples or laboratory tests required to document the conclusions of such calculations shall be formed at the sole expense of the developer.
B. Storm drain pipe. All storm drain pipes shall be either slip-joint-type reinforced concrete or, subject to the restrictions herein, fully coated, invert paved, corrugated-metal steel culvert pipe meeting the requirements of the Standard Specifications and of a wall thickness sufficient to meet the proposed conditions of service; but in any event, no wall thickness less than Class 3, Wall B, for concrete pipe or fourteen-gauge for corrugated-metal steel pipe shall be allowed. Generally, concrete pipe will be used except in areas of steep grades or other restrictive physical conditions where corrugated-metal or other types of pipe may be permitted. No concrete pipe may be laid on grades exceeding 10%. Concrete pipe below 30 inches, or equivalent, in size will be jointed using a mortared joint in accordance with the specifications. Concrete storm drain pipes, 30 inches or larger in diameter, will be jointed using a preformed bituminous mastic pressure-type joint sealer or rubber-ring- type or other equivalent approved joint. All corrugated.metal pipe shall be fully bituminous-coated with paved invert and of a gauge meeting the requirements of the Standard Specifications sufficient for the proposed service. Where conditions permit, corrugated-aluminum storm drains may be substituted for corrugated-metal steel storm drains where the same are otherwise permitted on the basis of an equivalent three-edge bearing or crushed strength. Substitution on an equivalent-gauge basis will not be allowed. All storm drains shall be tangent between inlets, manholes or other structures, except that the use of fittings or factory-curved or mitered pipe may be allowed by the Township Engineer when necessary to accommodate existing geometry or utilities. Prior to laying any storm drains, the bottom of all trenches shall be inspected by the Township Engineer. Should the Engineer determine that the trench is unsuitable for the placement of the pipe, the developer shall lake all necessary action to remove or eliminate any unsuitable conditions. These may include, but are not limited to, excavation and backfilling with suitable material, placement of bedding material, construction of pipe cradles or such other action necessary to remove all unsuitable conditions. Proposed storm drainage installations which do not conform to the above must be fully detailed and approved as part of the final plat.
C. Inlets and manholes. Inlets and manholes shall be constructed, where required, in accordance with the requirements of the Standard Specifications and Standard Construction Details.
D. Headwalls. All pipe terminations shall be provided with poured-concrete headwalls, precast-concrete end sections or corrugated-metal end sections in accordance with the approved final plat. Poured-concrete headwalls shall be wing-type headwalls with aprons in accordance with the Standard Construction Details.
E. Inlet and manhole location.
(1) In continuous conduit runs, spacing between structures (inlets or manholes) shall not exceed 600 feet.
(2) Structures (inlets or manholes) shall be located so as not to interfere with primary routes of pedestrian travel or any proposed handicapped ramp or similar facility.
(3) In general, surface flow length, for flows of four or more cubic feet per second, on paved surfaces shall not exceed 750 feet, provided that:
(a) Gutter flow widths on local and local collector streets shall not exceed 11 feet or such narrower width as may be necessary to provide a twelve-foot-wide clear lane in the center of the roadway.
(b) Gutter flow widths on minor collector streets shall not exceed nine feet or such narrower width as may be necessary to provide two twelve-foot-wide clear lanes in the center of the roadway.
(c) Gutter flow widths on major collector streets without shoulders shall not exceed five feet or such narrower width as may be necessary to provide four ten-foot-wide clear lanes in the center of the roadway.
(d) Gutter flow widths on minor and principal arterial streets and major collector streets with shoulders shall be retained within the shoulder areas.
(e) Swale gutter flow widths in parking areas shall not exceed 12 feet.
(f) Gutter flow widths shall provide for the maintenance of two ten-foot-wide clear lanes in, all access and major circulation drives and one twelve-foot-wide clear lane in all other aisles in all parking areas, except as otherwise provided in Subsection E(7).
(4) Maximum design capacities which may be used to determine actual inlet location and spacing are:
(a) Not in sump conditions:
(b) In sump conditions: to be individually designed.
(5) Only Type B inlets shall be used in curbed roadways or curbed access or major circulation drives.
(6) Generally, sufficient inlets will be placed to eliminate any flow exceeding two cubic feet per second across any intersections.
(7) Parking areas may be designed to allow pending in order to decrease intensity of runoff. In such case, ponding will not be allowed in any access or major circulation drive or in any area of heavy pedestrian activity and shall not exceed six inches at any point calculated for the appropriate design storm in accordance with Subsection H(1) and shall meet the criteria set forth in Subsection H(11).
F. Type of inlets and manholes. All curb inlets shall be New Jersey Department of Transportation Standard Type B and all yard inlets shall be Standard Type E; all manholes shall be New Jersey Department of Transportation standard four-foot diameter, unless a larger diameter is necessary. Casting heights on curb inlets shall be two inches greater than the specified curb face, and the gutter shall be properly transitioned approximately 10 feet on either side of the inlet.
G. Open channels.
(1) Open channels shall be designed to contain the required flow and shall have a design velocity low enough, in the judgment of the Planning Board Engineer, to prevent erosion. The minimum easement for open channel sections shall be the maximum design top width of the channel section segment plus 25 feet rounded to the next highest five-foot increment. The excess easement area shall be provided offset to that side of the channel most convenient for use by maintenance crews. The minimum distance between the channel top edge and any easement line shall be five feet. Excess velocity, if any, as determined by the Planning Board Engineer, in open channels must be controlled by sod, riprap, paving, ditch checks or other suitable methods. Changes of direction in open channels must have a maximum radius of 800 feet or be adequately paved or riprapped.
(2) Generally, unlined open channel cross sections shall have side slopes not steeper than 4:1 for channel depths of two feet or less and not steeper than 8:1 for channel depths of more than two feet. Lined open channel side slopes shall not be steeper than 2:1.
(3) The bottoms of all unlined open channels and the channel side slopes, to at least the design flow level, will be sodded with suitable coarse grass sod.
(4) All unlined open channel side slopes above the design minimum flow level will be topsoiled and seeded or otherwise suitably stabilized in accordance with an approved soil disturbance permit.
(5) All unlined open channels which can be expected to have a base flow of five cubic feet per second or more for at least two out of every 12 months will be provided with a low flow channel using gabions, riprap, lining, one-third pipe sections or other arrangements approved as part of the final plat submission.
H. Minimum basis for calculations.
(1) Design storm frequency.
(a) For closed conduits: five years; or if the above results in a conduit size at least equivalent to a twenty-one-inch reinforced-concrete pipe, then 10 years; or if the above results in a conduit size at least equivalent to a thirty-inch reinforced-concrete pipe, then 25 years; or if the above results in a conduit size at least equivalent to a fifty-four-inch reinforced-concrete pipe, then 50 years.
(b) For open channels: 10 years; of if the tributary area exceeds 50 acres, then 25 years; or if the tributary area exceeds 250 acres, then 50 years. The flooding limits fog storms with a return period of twice the design storm shall be determined for all open channels. Such limits shall be the drainage or conservation easements delineated on the plat.
(c) For detention facilities: a twenty-four-hour flood with a return period not less than 50 years or, if the tributary area exceeds 50 acres, then 100 years.
(d) For retention facilities: double the capacity obtained by applying the requirements for detention facilities.
(e) For gutter flow calculations: 10 years for local, local collector and minor collector streets, 25 years for major collectors and minor arterials and 50 years for principal arterials.
(2) Runoff calculations. Runoff determinations should be made using the rational formula or, in unusual cases, other methods with the prior approval of the Planning Board. Upstream areas should be considered based on their full development potential according to current zoning or the current use, whichever produces the greatest runoff. Runoff coefficients used should generally fall in the following ranges:
(3) Velocity restriction.
(a) In general, velocities in closed conduits at design flow should be at least two feet per second but not more than that velocity which will cause erosion damage to the conduit. In general, velocities in open channels at design flow shall not be less than one-half-foot per second and not greater than that velocity which will begin to cause erosion or scouring of the channel. For unlined earth channels the maximum velocity allowed will be two feet per second. For other channels sufficient design data and soil tests to determine the character of the channel shall be made by the developer and shall be made available to the Planning Board at the time of drainage review.
(b) At transitions between closed conduits and open channels or different types of open channels, suitable provisions must be made to accommodate the velocity transitions. These provisions may include riprapping, gabions, lining, aprons, chutes and checks, or others, all suitably detailed and approved as part of the final plat submission. For all flow of 40 cubic feet per second or more, tailwater depth and velocity calculations shall be submitted.
(4) Design formulas and friction factors. In general, the Manning formula will be used by the Planning Board to review the adequacy of proposed drainage facilities. Other formulas may be used in particular cases with the previous agreement of the Board. A friction factor (n) of 0.012 will be used for nonporous concrete pipe; a factor of 0.020 will be used for fully coated corrugated-metal pipe with paved invert. Commensurate factors will be used for other pipe types or shapes. A friction factor (n) of not less than 0.012 will be used for fully lined concrete channels; a factor of not less than 0.025 will be used for good earth channels; and a factor of not less than 0.100 will be used for fair to poor natural streams and watercourses. Commensurate factors will be used for other channel types.
(5) All drainage facilities carrying runoff from tributary areas larger than square mile must have the approval of the New Jersey Division of Water Policy and Supply.
(6) All encroachments of natural waterways must be referred to the New Jersey Division of Water Policy and Supply for approval in accordance with statute. The state may retain jurisdiction, in which case a permit will be necessary as set forth above, or may refer the matter to the County Engineer for review.
(7) All nonpipe culverts shall be designed for AASHO H20-44 loading. All culverts of any type shall be carried to the roadway right-of-way and shall terminate with headwalls or other approved end treatment. All conduits terminating or beginning in open channels shall be provided with headwalls or other appropriate end treatment.
(8) Guardrails and/or railings shall be placed at all drainage structures where the interests of pedestrian or vehicular safety would dictate. The Planning Board may require that any open channel, other than naturally occurring streams, be fenced with chain link fencing 48 inches high if the banks of the channel are steeper than one foot vertically for every four feet horizontally and either the total depth of the channel exceeds four feet, or the channel would be expected to have a depth of flow greater than two feet more often than once every 10 years. For maintenance purposes, gates may be required by the Planning Board at approximately two-hundred-foot intervals.
(9) Storm drainage systems shall be designed to include not only the proper drainage of the actual area of the specific development and the area tributary thereto but shall also include the disposal of the stormwater runoff to an adequate outlet or other means of final disposal of the stormwater, such as an ocean, river, running stream, lagoon or an existing adequate storm sewer.
(10) The use of siltation and oil separation basins with controlled outflows will be required to prevent pollution of waterways when discharge is into a lagoon, bay or other standing body of water.
(11) Whenever sump conditions occur, an analysis shall be made of the effect of the occurrence of a major storm having at least a one-hundred-year return frequency. The effect of such storm and the flooding limits anticipated shall be shown. Site design, grading and drainage shall anticipate such major storm and be so arranged as to prevent damage to existing or proposed structures or adjacent properties under such conditions.
I. Special drainage provisions.
(I) The existing system of natural drainage within each development shall be preserved to the maximum extent possible. To this end, the Board may require the preservation of natural drainage swales, recharge areas, wet weather ponds and similar features and may require suitable drainage and conservation easements and possible increases in lot size to allow usable lots with the preservation of such features.
(2) Subject to review and approval by the Board, the design of the development may be modified to take advantage of the natural drainage features of the land. In such review, the Board will use the following criteria:
(a) The utilization of the natural drainage system to the fullest extent possible.
(b) The maintenance of the natural drainage system as much as possible in its unimproved state.
(c) When drainage channels are required, wide shallow swales with natural vegetation will be preferred to other sections.
(d) The construction of flow-retarding devices, detention areas and recharge berms to minimize runoff value increases.
(e) Maintenance of the base flow in streams, reservoirs and ponds.
(f) The reinforcement, improvement and/or extension of the natural drainage system to such an extent as is necessary to eliminate flooding and excess maintenance requirements.
(3) All developments or portions of total schemes of development which, based upon the preliminary plat submission, total 15 or more acres will be expected, to the extent that the Board considers possible, to limit the total stormwater runoff from the site after development to not more than 115% of the runoff from the site in its undeveloped state. The utilization of the provisions of this section to limit such runoff are encouraged. However, the Board may require the use of reasonable artificial methods of detention and/or recharge if it determines that natural provisions are not feasible. The Board may waive the provisions of this section if the nature of the development, the character of adjacent previously developed areas or other factors make the utilization of natural drainage features or runoff-limiting devices inadvisable or impractical.
J. Ownership/dedication of storm drainage facilities. [Added 2-15-2005 by Ord. No. 3931-05]
(1) Single-family/two-family residential subdivisions and multifamily residential developments.
(a) All storm drainage facilities constructed and/or located within single- or two-family residential subdivisions and within multifamily residential developments shall be dedicated by the developer to the Township prior to the release of all performance bonds and/or other guarantees required by Article VII of this Chapter; subject, however, to the obligations of the developer to post a satisfactory maintenance guaranty pursuant to
(b) Prior to the dedication of the storm drainage facilities, said facilities shall be inspected and approved by the Township Engineer or his designee.
(c) Any and all stormwater detention or retention basins, ponds or similar structures shall not be incorporated within any lot which is to contain a residential structure but shall be situated on a separate stormwater management lot which is to be dedicated to the Township. This stormwater management lot shall not be required to meet the minimum bulk requirements of the Township Zoning Ordinance but shall have adequate road frontage to ensure adequate accessibility and shall be so configured so as to facilitate the future reconstruction, maintenance and/or repair of the facilities located thereon. The size, location, configuration and degree of road frontage of said stormwater management lot shall be subject to the approval of the Township Engineer or his designee.
(d) All other storm drainage pipes, culverts, swales, manholes, culverts, inlets and other drainage facilities shall also be dedicated to the Township. These facilities shall either be located within dedicated public rights-of-way or within dedicated easements. The location, size and configuration of the dedicated easements shall be shown on the subdivision plat or site plan and shall be subject to the review and approval of the Township Engineer or his designee. Further, the developer shall prepare a deed of easement which shall contain a metes and bounds description of the dedicated easement. Said deed of easement shall be reviewed and approved by the Attorney for the Planning Board or Board of Adjustment, as the case may be, and the Township Engineer or his designee. Upon approval, said deed of easement shall be filed with the Ocean County Clerk simultaneously with the subdivision plat or prior to the signing of the site plan.
(e) Prior to and as a condition of the filing of the subdivision plat with the Ocean County Clerk or prior to the signing of the site plan, the developer shall pay a drainage assessment fee of $750 per approved building lot in the case of a single-family or two-family residential subdivisions and $75 per approved residential unit in the case of multifamily residential development. All such fees shall be deposited into a reserved fund to be established by the Township. Said fund shall be used by the Township for construction, reconstruction, repair and/or maintenance of the dedicated facilities and other Township-owned stormwater management drainage facilities within the Township.
(2) Nonresidential subdivisions, commercial and/or industrial developments. All storm drainage facilities constructed and/or located within nonresidential subdivisions or associated with commercial and/or industrial developments shall not be dedicated to the Township. The repair, construction and/or maintenance of such facilities shall remain the responsibility of the developer and all subsequent owners of the subject property. All proposed drainage facilities shall, however, meet all standards of this chapter and shall be subject to the review and approval of the Planning Board, the Board of Adjustment or the Township Engineer, as the case may be. Notwithstanding this provision, the developer shall grant to the Township an easement permitting the Township to enter upon the subject property to repair, reconstruct and/or maintain such private drainage facilities in the event of a default by the developer or any subsequent owner to so repair, reconstruct and/or maintain said drainage facilities. Said easement shall provide that the Township shall have the right but not the obligation to enter onto the subject property to perform all acts necessary to repair, reconstruct and/or maintain such facilities. Said easement shall further provide that in such an event the Township shall assess the developer or the subsequent owner a sum equal to 120% of the actual costs incurred by the Township relating to the repair, reconstruction and/or maintenance of said facilities and reasonable attorney fees and court costs. The rights of the Township shall be enforceable in a court of competent jurisdiction. The form of said easement shall be reviewed and approved by the Attorney for the Planning Board, Board of Adjustment and by the Township Engineer or his designee. Upon approval, said easement shall be recorded by the developer with the Ocean County Clerk prior to the signing of the approved site plan or issuance of a building permit, as the case may be, and reasonable attorney fees and court costs.
3) Acceptance of Pre-existing Storm Drainage Facilities by Dover Township:
A) All storm water drainage facilities previously constructed and located within single or two family residential subdivisions and within multifamily residential developments and currently owned by a Homeowner's Association, Condominium Association or similar entity (hereinafter "Association") may be dedicated and/or conveyed to and accepted by the Township of Toms River upon the following conditions:
1. The Association shall submit a petition to the Township Clerk requesting that the applicable storm drainage facility, the real property on which it is situated, and all appurtenances relating thereto be dedicated and/or conveyed to and accepted by the Township of Toms River.
2. Together with the petition, the Association shall provide the Township with the following:
a) an application fee of $500 to cover all administrative costs relating to review of the petition;
b) a copy of the Association's Master Deed, By-laws and other documents relating to the ownership and regulation of said facility;
c) written proof that the membership of the Association has consented to the submitted petition to the extent required by the aforesaid Master Deed and by-laws;
d) a recent abstract of title prepared by a licensed New Jersey Title Company verifying that title to the applicable lands and the appurtenant storm water drainage facility is vested in the petitioning Association, free and clear of any encumbrances, liens, and/or claims of ownership by third parties;
e) Copies of all financial records of the Association relating to the care, maintenance, repair and/or reconstruction of the storm water drainage facility.
3. The Township Clerk shall refer said petition to the Township Council for review.
4. Upon receipt, the Township Council shall refer the petition to the Mayor for further study.
5. Upon referral, the Mayor shall direct the Township Engineer and the Township Attorney to conduct a study of the requested petition.
6. Upon completion of said study, the Township Engineer and the Township Attorney shall submit a report to the Mayor and the Township Council. Said report shall contain:
1) a detailed analysis of the condition of the storm water drainage facility together with a statement of what repairs and/or reconstruction, if any, are needed to the storm water drainage facility and the estimated cost thereof;
2) a recommendation by the Township Engineer as to whether the storm water drainage facility should be accepted by the Township and any conditions relating to such an acceptance;
3) a statement by the Township Attorney that the Association is in good standing and that the Association can convey clear and marketable title to the applicable land and appurtenant storm water drainage facilities.
7. Upon receipt of said report, the Township Council may elect to accept the conveyance/dedication of said storm water drainage facility, reject the petition or remand the matter to the Mayor for further study.
8. If accepted, the Township Council shall memorialize the acceptance by Resolution. The acceptance shall be conditioned upon the following:
A) The introduction and adoption of an ordinance by the governing body formally accepting the conveyance and dedication of the applicable lands and all storm water drainage facilities located thereon.
B) The payment to the Township by the Association of an amount, if applicable, equal to the cost estimate of the Township Engineer set forth in Section 3(A)(6) above.
C) The payment to the Township of a Drainage Assessment Fee of $750.00 for each existing lot located within the Association Subdivision in the case of a single family or two family subdivision or $75.00 per each existing unit in the case of a multifamily residential development. All such fees collected pursuant to this paragraph shall be deposited into a reserved account established by the Township. Said fund shall be used by the Township for the construction, reconstruction, repair and/or maintenance of the dedicated facilities and other Township-owned storm water drainage facilities within the Township.
D) In the event that the Association does not have sufficient funds to cover the amount of the Drainage Assessment fee as set forth in the preceding subsection, the Township Council may, by resolution, agree to accept the dedication of the storm water drainage facility. However, in such instance, the Association shall first be required to provide an affidavit setting forth the property owner/s which has/have not voluntarily paid their $750.00 payment to the Association, and this is the reason the Association does not have sufficient funds to cover this cost. The Township shall then provide for an assessment of those properties which have not voluntarily paid the $750.00 per lot fee, which assessment shall be considered as a local improvement benefiting such property pursuant to N.J.S.A. 40:56-1.
E) A properly executed Deed, Affidavit of Title, and all other documents reasonably required by the Township Attorney necessary to vest good and marketable title to the applicable lands and appurtenant storm water drainage facilities to the Township.
F) Any and all other conditions reasonably required by the Township.
2. All ordinances and parts of ordinances inconsistent herewith are hereby repealed.
3. If any section, paragraph, subdivision, clause or provision of this ordinance shall be adjudged invalid, such adjudication shall apply only to that section, paragraph, subdivision, clause or provision so adjudged, and the remainder of this ordinance shall be deemed to be valid and effective.
**Webmasters Note: The subsection above (3) has been added as per Ordinance No. 4063-06.
4. This ordinance shall take effect upon final passage and publication pursuant to law.
SECTION 1: Scope and Purpose
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 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 recharge.
B. Purpose
It is the purpose of this ordinance to establish minimum stormwater management requirements and controls for "major development," as defined in Section 2.
C. Applicability
1. 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:
a. Non-residential major developments; and
b. Aspects of residential major developments that are not pre-empted by the Residential Site Improvement Standards at N.J.A.C. 5:21.
2. This ordinance shall also be applicable to all major developments undertaken by the Township of Toms River.
D. 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.
Section 2: 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.
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 well head protection and groundwater recharge areas. Habitats of endangered or threatened species are identified using the Department's Landscape Project as approved by ;the Department's Endangered and Nongame Species Program.
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, is 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 Toms River, 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
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.
Section 3: General Standards
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 Section 4. 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 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.
Note: Alternative standards shall provide at least as much protection from stormwater related loss of groundwater recharge, stormwater quantity and water quality impacts of major development projects as would be provided under the standards in N.J.A.C. 7:8-5.
Section 4: Stormwater Management Requirements for Major Development
A. The development shall incorporate a maintenance plan for the stormwater management measures incorporated into the design of a major development in accordance with Section 10.
B. 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. 13:1B-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 Sections 4.F And 4.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 Sections 4.F and 4.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;
1. The applicant demonstrates through an alternatives analysis, that through the use nonstructural and structural stormwater management strategies and measures, the option selected complies with the requirements of Sections 4.F and 4.G to the maximum extent practicable;
3. The applicant demonstrates that, in order to meet the requirements of Sections 4.F and 4.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 D.3 above within the upstream drainage area of the receiving stream, that would provide additional opportunities to mitigate the requirements of Sections 4.F and 4.G that were not achievable on-site.
E. Nonstructural Stormwater Management Strategies
1. To the maximum extent practicable, the standards in Sections 4.F and 4.G shall be met by incorporating nonstructural stormwater management strategies set forth at Section 4.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 Paragraph 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 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;
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 Section 4.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 Section 4.E.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 Section 4.E.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 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 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.
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 (7.0) square inches, or be no greater than two (2.0) 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 Section 4.G.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 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.
(3) 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 Section 4.G.1; 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.
4. Any land area used as a nonstructural stormwater management measure to meet the performance standards in Sections 4.F and 4.G 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.
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 Section 7, or found on the Department's website 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 Section 5, 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.
(2) This groundwater recharge requirement does not apply to projects within the "urban redevelopment area," or to projects subject to (3) below.
(3) 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.
(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 Section 5, 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;
(2) 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;
(3) 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
(4) 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.
2. Any application for a new agricultural development that meets the definition of major development at Section 2 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.
G. Stormwater Runoff Quality Standards
1. 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.
