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Essex FellsGreen Risk

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Stormwater Control Ordinance

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Executive Summary

This document outlines the Borough of Essex Fells, NJ's stormwater management requirements and controls for major developments, as defined within the ordinance. It emphasizes the use of green infrastructure best management practices (GI BMPs) and nonstructural stormwater management strategies to achieve flood control, groundwater recharge, and pollutant reduction. The ordinance applies to nonresidential major developments and aspects of residential major developments not preempted by Residential Site Improvement Standards and aims to protect public health, safety, and welfare by establishing minimum stormwater management requirements.

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--- Document: Stormwater Control Ordinance Document ---
Borough of Essex Fells, NJ
§ 237-1. Scope and purpose.
A. Policy statement. In filing an application for general development plan, preliminary major
subdivision or preliminary major site plan, the applicant shall comply with the following
stormwater management requirements:
(1) Flood control, groundwater recharge, and pollutant reduction shall be achieved through
the use of stormwater management measures, including green infrastructure best
management practices (GI BMPs) and nonstructural stormwater management strategies.
GI BMPs and low-impact development (LID) should be utilized to meet the goal of
maintaining natural hydrology to reduce stormwater runoff volume, reduce erosion,
encourage infiltration and groundwater recharge, and reduce pollution. GI BMPs and
LID should be developed based upon physical site conditions and the origin, nature and
the anticipated quantity, or amount, of potential pollutants. Multiple stormwater
management BMPs may be necessary to achieve the established performance standards
for water quality, quantity, and groundwater recharge.
B. Purpose.
(1) The purpose of this chapter is to protect the public health, safety and welfare of the
citizens of the Borough of Essex Fells and the surrounding communities by establishing
minimum stormwater management requirements and controls for "major development,"
as defined below in § 237-2 and to set forth standards for development that does not fall
into the "major development" category.
C. Applicability.
(1) This chapter shall be applicable to the following major developments:
(a) Nonresidential 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 chapter shall also be applicable to all major developments undertaken by the
Borough of Essex Fells.
(3) Developments that do not meet the definition of major development shall be subject to
the requirements set forth in § 237-11, Minor development standards.
D. Compatibility with other permit and ordinance requirements. Development approvals issued
pursuant to this chapter are to be considered an integral part of development approvals and
do not relieve the applicant of the responsibility to secure required permits or approvals for
activities regulated by any other applicable code, rule, act, or ordinance. In their
interpretation and application, the provisions of this chapter shall be held to be the minimum
requirements for the promotion of the public health, safety, and general welfare. This chapter
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 chapter 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.
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Borough of Essex Fells, NJ
§ 237-2
§ 237-2. Definitions.
§ 237-2
For the purpose of this chapter, the following terms, phrases, words and their derivations shall
have the meanings stated herein unless their use in the text of this chapter clearly demonstrates a
different meaning. When not inconsistent with the context, words used in the present tense include
the future, words used in the plural number include the singular number, and words used in the
singular number include the plural number. The word "shall" is always mandatory and not merely
directory. The definitions below are the same as or based on the corresponding definitions in the
Stormwater Management Rules at N.J.A.C. 7:8-1.2.
COMMUNITY BASIN An infiltration system, sand filter designed to infiltrate, standard
constructed wetland, or wet pond, established in accordance with N.J.A.C. 7:8-4.2(c)14, that
is designed and constructed in accordance with the New Jersey Stormwater Best Management
Practices Manual, or an alternate design, approved in accordance with N.J.A.C. 7:8-5.2(g), for an
infiltration system, sand filter designed to infiltrate, standard constructed wetland, or wet pond
and that complies with the requirements of this chapter.
COMPACTION The increase in soil bulk density.
CONTRIBUTORY DRAINAGE AREA The area from which stormwater runoff drains to a
stormwater management measure, not including the area of the stormwater management measure
itself.
CORE
A pedestrian-oriented area of commercial and civic uses serving the surrounding
municipality, generally including housing and access to public transportation.
COUNTY REVIEW AGENCY An agency designated by the Essex County Board of
Commissioners 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 The Department of Environmental Protection.
DESIGN ENGINEER A person professionally qualified and duly licensed in New Jersey to
perform engineering services that may include, but not necessarily be limited to, development of
project requirements, creation and development of project design and preparation of drawings and
specifications.
DESIGNATED CENTER — A State Development and Redevelopment Plan Center as designated
by the State Planning Commission such as urban, regional, town, village, or hamlet.
DEVELOPMENT — The division of a parcel of land into two or more parcels, the construction,
reconstruction, conversion, structural alteration, relocation or enlarge-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, 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
land, 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.
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Borough of Essex Fells, NJ
§ 237-2
§ 237-2
DISTURBANCE
The placement or reconstruction of impervious surface or motor vehicle
surface, or exposure and/or movement of soil or bedrock or clearing, cutting, or removing of
vegetation. Milling and repaving is not considered disturbance for the purposes of this definition.
DRAINAGE AREA A geographic area within which stormwater, sediments, or dissolved
materials drain to a particular receiving water body or to a particular point along a receiving water
body.
EMPOWERMENT NEIGHBORHOODS
Neighborhoods 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.
ENVIRONMENTALLY CONSTRAINED AREA The following areas where the physical
alteration of the land is in some way restricted, either through regulation, easement, deed
restriction or ownership such as: wetlands, floodplains, threatened and endangered species sites
or designated habitats, and parks and preserves. Habitats of endangered or threatened species are
identified using the Department's Landscape Project as approved by the Department's Endangered
and Nongame Species Program.
ENVIRONMENTALLY CRITICAL AREA An area or feature which is of significant
environmental value, including but not limited to: stream corridors, natural heritage priority
sites, habitats of endangered or threatened species, large areas of contiguous open space or
upland forest, steep slopes, and well head protection and groundwater recharge areas. Habitats
of endangered or threatened species are identified using the Department's Landscape Project as
approved by the Department's Endangered and Nongame Species Program.
EROSION - The detachment and movement of soil or rock fragments by water, wind, ice, or
gravity.
GREEN INFRASTRUCTURE
A stormwater management measure that manages stormwater
close to its source by: treating stormwater runoff through infiltration into subsoil; treating
stormwater runoff through filtration by vegetation or soil; or storing stormwater runoff for reuse.
HUC 14 or HYDROLOGIC UNIT CODE 14 An area within which water drains to a particular
receiving surface water body, also known as a subwatershed, which is identified by a fourteen-
digit hydrologic unit boundary designation, delineated within New Jersey by the United States
Geological Survey.
IMPERVIOUS SURFACE A surface that has been covered with a layer of material so that it
is highly resistant to infiltration by water.
INFILTRATION
The process by which water seeps into the soil from precipitation.
LEAD PLANNING AGENCY One or more public entities having stormwater management
planning authority designated by the regional stormwater management planning committee
pursuant to N.J.A.C. 7:8-3.2, that serves as the primary representative of the committee.
MAJOR DEVELOPMENT
A. An individual "development," as well as multiple developments that individually or
collectively result in:
(1) The disturbance of one or more acres of land since February 2, 2004;
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Borough of Essex Fells, NJ
§ 237-2
§ 237-2
(2) The creation of 1/4 acre or more of "regulated impervious surface" since February 2,
2004;
(3) The creation of 1/4 acre or more of "regulated motor vehicle surface" since March 2,
2021 or the effective date of this chapter, whichever is earlier; or
(4) A combination of Subsection A(2) and (3) above that totals an area of 1/4 acre or more.
The same surface shall not be counted twice when determining if the combination area
equals 1/4 acre or more.
B. Major development includes all developments that are part of a common plan of development
or sale (for example, phased residential development) that collectively or individually meet
any one or more of Subsection A(1), (2), (3) or (4) above. Projects undertaken by any
government agency that otherwise meet the definition of "major development" but which do
not require approval under the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., are also
considered "major development."
MINOR DEVELOPMENT
development."
Any development that does not meet the definition of "major
MOTOR VEHICLE Land vehicles propelled other than by muscular power, such as
automobiles, motorcycles, autocycles, and low-speed vehicles. For the purposes of this definition,
motor vehicle does not include farm equipment, snowmobiles, all-terrain vehicles, motorized
wheelchairs, go-carts, gas buggies, golf carts, ski-slope grooming machines, or vehicles that run
only on rails or tracks.
MOTOR VEHICLE SURFACE
Any pervious or impervious surface that is intended to be
used by "motor vehicles" and/or aircraft, and is directly exposed to precipitation including, but not
limited to, driveways, parking areas, parking garages, roads, racetracks, and runways.
MUNICIPALITY
Any city, borough, town, township, or village.
NEW JERSEY STORMWATER BEST MANAGEMENT PRACTICES (BMP) MANUAL or
BMP MANUAL The manual maintained by the Department, providing, in part, design
specifications, removal rates, calculation methods, and soil testing procedures approved by the
Department as being capable of contributing to the achievement of the stormwater management
standards specified in this chapter. The BMP Manual is periodically amended by the Department
as necessary to provide design specifications on additional best management practices and new
information on already included practices reflecting the best available current information
regarding the particular practice and the Department's determination as to the ability of that best
management practice to contribute to compliance with the standards contained in this chapter.
Alternative stormwater management measures, removal rates, or calculation methods may be
utilized, subject to any limitations specified in this chapter, provided the design engineer
demonstrates to the municipality, in accordance with § 237-4F of this chapter and N.J.A.C.
7:8-5.2(g), that the proposed measure and its design will contribute to achievement of the design
and performance standards established by this chapter.
NODE An area designated by the State Planning Commission concentrating facilities and
activities which are not organized in a compact form.
NUTRIENT
A chemical element or compound, such as nitrogen or phosphorus, which is
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Borough of Essex Fells, NJ
§ 237-2
essential to and promotes the development of organisms.
§ 237-2
PERSON Any individual, corporation, company, partnership, firm, association, political
subdivision of this state and any state, interstate or federal agency.
POLLUTANT Any dredged spoil, solid waste, incinerator residue, filter backwash, sewage,
garbage, refuse, oil, grease, sewage sludge, munitions, chemical wastes, biological materials,
medical wastes, radioactive substance [except those regulated under the Atomic Energy Act of
1954, as amended (42 U.S.C. §§ 2011 et seq.)], thermal waste, wrecked or discarded equipment,
rock, sand, cellar dirt, industrial, municipal, agricultural, and construction waste or runoff, or other
residue discharged directly or indirectly to the land, ground waters or surface waters of the state, or
to a domestic treatment works. "Pollutant" includes both hazardous and nonhazardous pollutants.
RECHARGE
evapotranspired.
The amount of water from precipitation that infiltrates into the ground and is not
REGULATED IMPERVIOUS SURFACE
Any of the following, alone or in combination:
A.
B.
A net increase of impervious surface;
The total area of impervious surface collected by a new stormwater conveyance system
(for the purpose of this definition, a "new stormwater conveyance system" is a stormwater
conveyance system that is constructed where one did not exist immediately prior to its
construction or an existing system for which a new discharge location is created);
C. The total area of impervious surface proposed to be newly collected by an existing
stormwater conveyance system; and/or
D. The total area of impervious surface collected by an existing stormwater conveyance system
where the capacity of that conveyance system is increased.
REGULATED MOTOR VEHICLE SURFACE – Any of the following, alone or in combination:
A.
A net increase in motor vehicle surface; and/or
B. The total area of motor vehicle surface that is currently receiving water quality treatment
either by vegetation or soil, by an existing stormwater management measure, or by treatment
at a wastewater treatment plant, where the water quality treatment will be modified or
removed.
SEDIMENT Solid material, mineral or organic, that is in suspension, is being transported, or
has been moved from its site of origin by air, water or gravity as a product of erosion.
SITE
The lot or lots upon which a major development is to occur or has occurred.
SOIL All unconsolidated mineral and organic material of any origin.
STATE DEVELOPMENT AND REDEVELOPMENT PLAN METROPOLITAN PLANNING
AREA (PA1) An area delineated on the State Plan Policy Map and adopted by the State
Planning Commission that is intended to be the focus for much of the state's future redevelopment
and revitalization efforts.
STATE PLAN POLICY MAP The geographic application of the State Development and
Redevelopment Plan's goals and statewide policies, and the official map of these goals and
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Borough of Essex Fells, NJ
§ 237-2
policies.
§ 237-2
STORMWATER - Water resulting from precipitation (including rain and snow) that runs off the
land's surface, is transmitted to the subsurface, or is captured by separate storm sewers or other
sewage or drainage facilities or conveyed by snow removal equipment.
STORMWATER MANAGEMENT BMP An excavation or embankment and related areas
designed to retain stormwater runoff. A stormwater management BMP may either be normally
dry (that is, a detention basin or infiltration system), retain water in a permanent pool (a retention
basin), or be planted mainly with wetland vegetation (most constructed stormwater wetlands).
STORMWATER MANAGEMENT MEASURE Any practice, technology, process, program,
or other method intended to control or reduce stormwater runoff and associated pollutants, or to
induce or control the infiltration or groundwater recharge of stormwater or to eliminate illicit or
illegal nonstormwater discharges into stormwater conveyances.
STORMWATER MANAGEMENT PLANNING AGENCY A public body authorized by
legislation to prepare stormwater management plans.
STORMWATER MANAGEMENT PLANNING AREA The geographic area for which a
stormwater management planning agency is authorized to prepare stormwater management plans,
or a specific portion of that area identified in a stormwater management plan prepared by that
agency.
STORMWATER RUNOFF
resulting from precipitation.
Water flow on the surface of the ground or in storm sewers,
URBAN COORDINATING COUNCIL EMPOWERMENT NEIGHBORHOOD
neighborhood given priority access to state resources through the New Jersey Redevelopment
Authority.
A
URBAN ENTERPRISE ZONES 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 – Previously developed portions of areas:
A. Delineated on the State Plan Policy Map (SPPM) as the Metropolitan Planning Area (PA1),
Designated Centers, Cores or Nodes;
B. Designated as CAFRA Centers, Cores or Nodes;
C. Designated as Urban Enterprise Zones; and
D.
Designated as Urban Coordinating Council Empowerment Neighborhoods.
WATER CONTROL STRUCTURE
A structure within, or adjacent to, a water, which
intentionally or coincidentally alters the hydraulic capacity, the flood elevation resulting from
the two-, ten-, or 100-year storm, flood hazard area limit, and/or floodway limit of the water.
Examples of a water control structure may include a bridge, culvert, dam, embankment, ford (if
above grade), retaining wall, and weir.
WATERS OF THE STATE The ocean and its estuaries, all springs, streams, wetlands, and
bodies of surface or groundwater, whether natural or artificial, within the boundaries of the State
of New Jersey or subject to its jurisdiction.
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Borough of Essex Fells, NJ
§ 237-2
§ 237-4
WETLANDS or WETLAND – 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.
§ 237-3. Design and performance standards for stormwater management measures.
A.
Stormwater management measures for major development shall be designed to provide
erosion control, groundwater recharge, stormwater runoff quantity control, and stormwater
runoff quality treatment as follows:
(1) The minimum standards for erosion control are those established under the Soil and
Sediment Control Act, N.J.S.A. 4:24-39 et seq., and implementing rules at N.J.A.C.
2:90 and 16.25A.
(2) The minimum standards for groundwater recharge, stormwater quality, and stormwater
runoff quantity shall be met by incorporating green infrastructure.
B. The standards in this chapter 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.
§ 237-4. 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 § 237-10
and N.J.A.C. 7:8-5.8.
B. Stormwater management measures shall avoid adverse impacts of concentrated flow on
habitat for threatened and endangered species as documented in the Department's Landscape
Project or Natural Heritage Database established under N.J.S.A. 13:1B-15.147 through
15.150, particularly Helonias bullata (swamp pink) and/or Clemmys muhlenbergii (bog
turtle).
C. The following linear development projects are exempt from the groundwater recharge,
stormwater runoff quality, and stormwater runoff quantity requirements of § 237-4P, Q and
R:
(1) The construction of an underground utility line, provided that the disturbed areas are
revegetated upon completion;
(2) The construction of an aboveground utility line, provided that the existing conditions
are maintained to the maximum extent practicable; and
(3) The construction of a public pedestrian access, such as a sidewalk or trail with a
maximum width of 14 feet, provided that the access is made of permeable material.
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Borough of Essex Fells, NJ
§ 237-4
§ 237-4
D. A waiver from strict compliance from the green infrastructure, groundwater recharge,
stormwater runoff quality, and stormwater runoff quantity requirements of § 237-4O, P, Q
and R may be obtained for the enlargement of an existing public roadway or railroad; or the
construction or enlargement of a public pedestrian access, provided that the following
conditions are met:
(1) The applicant demonstrates that there is a public need for the project that cannot be
accomplished by any other means;
(2) The applicant demonstrates through an alternatives analysis, that through the use of
stormwater management measures, the option selected complies with the requirements
of § 237-40, P, Q and R to the maximum extent practicable;
(3) The applicant demonstrates that, in order to meet the requirements of § 237-4O, P, Q
and R, existing structures currently in use, such as homes and buildings, would need to
be condemned; and
(4) The applicant demonstrates that it does not own or have other rights to areas, including
the potential to obtain through condemnation lands not falling under Subsection D(3)
above within the upstream drainage area of the receiving stream, that would provide
additional opportunities to mitigate the requirements of § 237-4O, P, Q and R that were
not achievable onsite.
E. Tables 1 through 3 below summarize the ability of stormwater best management practices
identified and described in the New Jersey Stormwater Best Management Practices Manual
to satisfy the green infrastructure, groundwater recharge, stormwater runoff quality and
stormwater runoff quantity standards specified in § 237-4O, P, Q and R. When designed in
accordance with the most current version of the New Jersey Stormwater Best Management
Practices Manual, the stormwater management measures found at N.J.A.C. 7:8-5.2(f) Tables
5-1, 5-2 and 5-3 and listed below in Tables 1, 2 and 3 are presumed to be capable of providing
stormwater controls for the design and performance standards as outlined in the tables below.
Upon amendments of the New Jersey Stormwater Best Management Practices to reflect
additions or deletions of BMPs meeting these standards, or changes in the presumed
performance of BMPs designed in accordance with the New Jersey Stormwater BMP
Manual, the Department shall publish in the New Jersey Registers a notice of administrative
change revising the applicable table. The most current version of the BMP Manual can be
found on the Department's website at: https://njstormwater.org/bmp_manual2.htm.
F. Where the BMP tables in the NJ Stormwater Management Rule are different due to updates
or amendments with the tables in this chapter the BMP Tables in the Stormwater
Management rule at N.J.A.C. 7:8-5.2(f) shall take precedence.
Table 1
Green Infrastructure BMPs for Groundwater Recharge, Stormwater Runoff Quality, and/or Stormwater Runoff Quantity
Stormwater Runoff
Best Management Practice Quality TSS Removal Rate
Cistern
Dry well(a)
0%
0%
Stormwater Runoff
Quantity
Groundwater Recharge
Yes
No
No
Yes
Minimum Separation from
Seasonal High Water
Table
(feet)
2
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Borough of Essex Fells, NJ
§ 237-4
Table 1
Green Infrastructure BMPs for Groundwater Recharge, Stormwater Runoff Quality, and/or Stormwater Runoff Quantity
§ 237-4
Minimum Separation from
Seasonal High Water
Stormwater Runoff
Best Management Practice Quality TSS Removal Rate
Stormwater Runoff
Quantity
Groundwater Recharge
Grass swale
50% or less
No
No
Table
(feet)
2(c)
10
Green roof
0%
Yes
No
Manufactured treatment
50% or 80%
No
No
Dependent upon the
device(a) (g)
device
Pervious paving system(a)
80%
Yes
Yes(b)
2(b)
No(c)
1(c)
Small-scale bioretention
80% or 90%
Yes
Yes(b)
2(b)
basin(a)
No(c)
1(0)
1 (c)
Small-scale infiltration
80%
Yes
Yes
2
basin(a)
Small-scale sand filter
80%
Vegetative filter strip
60% to 80%
Yes
Yes
2
No
No
(Notes corresponding to annotations (a) through (g) are found below Table 3)
Table 2
Green Infrastructure BMPs for Stormwater Runoff Quantity
(or for Groundwater Recharge and/or Stormwater Runoff Quality with a Waiver or Variance from N.J.A.C. 7:8-5.3)
Minimum Separation from
Seasonal High Water
Stormwater Runoff
Stormwater Runoff
Table
Best Management Practice
Quality TSS Removal Rate
Quantity
Groundwater Recharge
(feet)
Bioretention system
80% or 90%
Yes
Yes(b)
2(b)
No(c)
10)
1 (c)
Infiltration basin
80%
Yes
Yes
2
Sand filter(b)
80%
Yes
Yes
2
Standard constructed
wetland
90%
Yes
No
N/A
Wet pond(d)
50% to 90%
Yes
No
N/A
(Notes corresponding to annotations (6) through (d) are found below Table 3)
Table 3
BMPs for Groundwater Recharge, Stormwater Runoff Quality, and/or Stormwater Runoff Quantity
only with a Waiver or Variance from N.J.A.C. 7:8-5.3
Minimum Separation from
Seasonal High Water
Stormwater Runoff
Stormwater Runoff
Table
Best Management Practice Quality TSS Removal Rate
Quantity
Groundwater Recharge
(feet)
Blue roof
0%
Yes
No
N/A
Extended detention basin
40% to 60%
Yes
No
1
Manufactured treatment
device(h)
50% or 80%
No
No
Dependent upon the
device
Sand filter()
80%
Yes
No
1
Subsurface gravel wetland
90%
No
No
1
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Borough of Essex Fells, NJ
§ 237-4
Table 3
BMPs for Groundwater Recharge, Stormwater Runoff Quality, and/or Stormwater Runoff Quantity
only with a Waiver or Variance from N.J.A.C. 7:8-5.3
§ 237-4
Minimum Separation from
Seasonal High Water
Stormwater Runoff
Best Management Practice Quality TSS Removal Rate
Wet pond
50% to 90%
Stormwater Runoff
Quantity
Groundwater Recharge
Yes
No
Table
(feet)
N/A
Notes to Tables 1, 2, and 3:
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
Subject to the applicable contributory drainage area limitation specified
at § 237-40(2);
Designed to infiltrate into the subsoil;
Designed with underdrains;
Designed to maintain at least a ten-foot-wide area of native vegetation
along at least 50% of the shoreline and to include a stormwater runoff
retention component designed to capture stormwater runoff for
beneficial reuse, such as irrigation;
Designed with a slope of less than 2%;
Designed with a slope of equal to or greater than 2%;
Manufactured treatment devices that meet the definition of green
infrastructure at § 237-2;
Manufactured treatment devices that do not meet the definition of green
infrastructure at § 237-2.
G. An alternative stormwater management measure, alternative removal rate, and/or alternative
method to calculate the removal rate may be used if the design engineer demonstrates the
capability of the proposed alternative stormwater management measure and/or the validity of
the alternative rate or method to the municipality. A copy of any approved alternative
stormwater management measure, alternative removal rate, and/or alternative method to
calculate the removal rate shall be provided to the Department in accordance with § 237-6B.
Alternative stormwater management measures may be used to satisfy the requirements at
§ 237-40 only if the measures meet the definition of green infrastructure at § 237-2.
Alternative stormwater management measures that function in a similar manner to a BMP
listed at Subsection O(2) are subject to the contributory drainage area limitation specified at
Subsection O(2) for that similarly functioning BMP. Alternative stormwater management
measures approved in accordance with this subsection that do not function in a similar
manner to any BMP listed at Subsection O(2) shall have a contributory drainage area less
than or equal to 2.5 acres, except for alternative stormwater management measures that
function similarly to cisterns, grass swales, green roofs, standard constructed wetlands,
vegetative filter strips, and wet ponds, which are not subject to a contributory drainage area
limitation. Alternative measures that function similarly to standard constructed wetlands or
wet ponds shall not be used for compliance with the stormwater runoff quality standard
unless a variance in accordance with N.J.A.C. 7:8-4.6 or a waiver from strict compliance in
accordance with § 237-4D is granted from § 237-40.
H. Whenever the stormwater management design includes one or more BMPs that will infiltrate
stormwater into subsoil, the design engineer shall assess the hydraulic impact on the
groundwater table and design the site, so as to avoid adverse hydraulic impacts. Potential
adverse hydraulic impacts include, but are not limited to, exacerbating a naturally or
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Borough of Essex Fells, NJ
§ 237-4
I.
J.
§ 237-4
seasonally high water table, so as to cause surficial ponding, flooding of basements, or
interference with the proper operation of subsurface sewage disposal systems or other
subsurface structures within the zone of influence of the groundwater mound, or interference
with the proper functioning of the stormwater management measure itself.
Design standards for stormwater management measures are as follows:
(1) Stormwater management measures shall be designed to take into account the existing
site conditions, including, but not limited to, environmentally critical areas; wetlands;
flood-prone areas; slopes; depth to seasonal high water table; soil type, permeability,
and texture; drainage area and drainage patterns; and the presence of solution-prone
carbonate rocks (limestone);
(2) Stormwater management measures shall be designed to minimize maintenance,
facilitate maintenance and repairs, and ensure proper functioning. Trash racks shall be
installed at the intake to the outlet structure, as appropriate, and shall have parallel bars
with one-inch spacing between the bars to the elevation of the water quality design
storm. For elevations higher than the water quality design storm, the parallel bars at the
outlet structure shall be spaced no greater than 1/3 the width of the diameter of the
orifice or 1/3 the width of the weir, with a minimum spacing between bars of one inch
and a maximum spacing between bars of six inches. In addition, the design of trash
racks must comply with the requirements of § 237-8C;
(3) Stormwater management measures shall be designed, constructed, and installed to be
strong, durable, and corrosion resistant. Measures that are consistent with the relevant
portions of the Residential Site Improvement Standards at N.J.A.C. 5:21-7.3, 7.4, and
7.5 shall be deemed to meet this requirement;
(4) Stormwater management BMPs shall be designed to meet the minimum safety standards
for stormwater management BMPs at § 237-8; and
(5) The size of the orifice at the intake to the outlet from the stormwater management BMP
shall be a minimum of 2 1/2 inches in diameter.
Manufactured treatment devices may be used to meet the requirements of this subchapter,
provided the pollutant removal rates are verified by the New Jersey Corporation for
Advanced Technology and certified by the Department. Manufactured treatment devices that
do not meet the definition of green infrastructure at § 237-2 may be used only under the
circumstances described at § 237-4O(4).
K. Any application for a new agricultural development that meets the definition of major
development at § 237-2 shall be submitted to the Soil Conservation District for review and
approval in accordance with the requirements at § 237-4O, P, Q and R and any applicable
Soil Conservation District guidelines for stormwater runoff quantity and erosion control. For
purposes of this subsection, "agricultural development" means land uses normally associated
with the production of food, fiber, and livestock for sale. Such uses do not include the
development of land for the processing or sale of food and the manufacture of agriculturally
related products.
L. If there is more than one drainage area, the groundwater recharge, stormwater runoff quality,
Downloaded from https://ecode360.com/ES2826 on 2026-01-15
Borough of Essex Fells, NJ
§ 237-4
§ 237-4
and stormwater runoff quantity standards at § 237-4P, Q and R shall be met in each drainage
area, unless the runoff from the drainage areas converge on site and no adverse
environmental impact would occur as a result of compliance with any one or more of the
individual standards being determined utilizing a weighted average of the results achieved
for that individual standard across the affected drainage areas.
M. Any stormwater management measure authorized under the municipal stormwater
management plan or ordinance shall be reflected in a deed notice recorded in the Essex
County Clerk's Office. A form of deed notice shall be submitted to the municipality for
approval prior to filing. The deed notice shall contain a description of the stormwater
management measure(s) used to meet the green infrastructure, groundwater recharge,
stormwater runoff quality, and stormwater runoff quantity standards at § 237-4O, P, Q and R
and shall identify the location of the stormwater management measure(s) in NAD 1983 State
Plane New Jersey FIPS 2900 US feet or latitude and longitude in decimal degrees. The deed
notice shall also reference the maintenance plan required to be recorded upon the deed
pursuant to § 237-10B(5). Prior to the commencement of construction, proof that the above
required deed notice has been filed

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"...WATERS OF THE STATE The ocean and its estuaries, all springs, streams, wetlands, and bodies of surface or groundwater, whether natural or artificial, within the boundaries of the State of New Jersey or subject to its jurisdiction. Downloaded from https://ecode360.com/ES2826 on 2026-01-15 Borough of Essex Fells, NJ § 237..."

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