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ClosedPublic Works & Infrastructure

Stormwater Ordinance #21-05 Stormwater Control

BID #: 21-05

ISSUED: 2/17/2021

DUE: TBD

VALUE: TBD

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Executive Summary

Ordinance #21-05 amends and supplements Chapter 53, Article XXIII of the City of South Amboy's code, focusing on stormwater control. The amendment adds Section 53-139B(7)(iv) requiring parties responsible for maintenance to post a two-year guarantee in accordance with N.J.S.A. 40:55d-53. It also updates references within the article to ensure internal consistency, addressing flood control, groundwater recharge, and pollutant reduction through stormwater management measures, including green infrastructure Best Management Practices (GI BMPs) and nonstructural stormwater management strategies.

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--- Document: Stormwater Ordinance #21-05 Stormwater Control Document ---
Ordinance #21-05 - Stormwater Control
AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 53,
Article XXIII "DEVELOPMENT REGULATIONS STORMWATER
CONTROL" OF THE CODE OF THE CITY OF SOUTH AMBOY BY
ADDING SECTION 53-139B(7)(iv) REQUIRING PARTIES RESPONSIBLE
FOR MAINTENANCE TO POST A TWO YEAR GUARANTEE IN
ACCORD WITH N.J.S.A. 40:55d-53" AND BY AMENDING REFERENCES
WITHIN THE ARTICLE TO CONFORM.
WHEREAS, at a public meeting on February 17, 2021, the City Council of the City of
South Amboy, Middlesex County, New Jersey, adopted Ordinance 2021-01, entitled "An
Ordinance Amending and Supplementing Chapter 53 'Development Regulations' of the Code of
the City of South Amboy by adding a new Article XXIII Entitled 'Stormwater Control", and
WHEREAS, is it now necessary to amend that article to require that certain parties
responsible for Stormwater Maintenance post a two year guarantee in accord with N.J.S.A.
40:55d-53; and
WHEREAS, amend certain internal references within ordinance to confirm internal
consistency;
BE AND IT IS HEREBY ORDAINED by the Council of the City of South
Amboy, Middlesex County, New Jersey, that the Code of the City of South Amboy be
amended as follows:
1
Chapter 53
DEVELOPMENT REGULATIONS
Add: Article XXIII
Stormwater Control
ARTICLE XXIII
Chapter 53-131. Scope and Purpose:
A. Policy Statement
Flood control, groundwater recharge, and pollutant reduction shall be achieved
through the use of stormwater management measures, including green
infrastructure Best Management Practices (GI BMPs) and nonstructural
stormwater management strategies. GI BMPs and low impact development
(LID) should be utilized to meet the goal of maintaining natural hydrology to
reduce stormwater runoff volume, reduce erosion, encourage infiltration and
groundwater recharge, and reduce pollution. GI BMPs and LID should be
developed based upon physical site conditions and the origin, nature and the
anticipated quantity, or amount, of potential pollutants. Multiple stormwater
management BMPs may be necessary to achieve the established performance
standards for water quality, quantity, and groundwater recharge.
B. Purpose
The purpose of this ordinance is to establish minimum stormwater management
requirements and controls for "major development," as defined below in
Chapter 53-132.
C. Applicability
1. This ordinance shall be applicable to the following major developments:
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 City of South Amboy.
2
D. Compatibility with Other Permit and Ordinance Requirements
Development approvals issued pursuant to this ordinance 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 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.
Chapter 53-132. Definitions:
For the purpose of this ordinance, 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.
"CAFRA Centers, Cores or Nodes" means those areas with boundaries
incorporated by reference or revised by the Department in accordance with
N.J.A.C. 7:7-13.16.
"CAFRA Planning Map" means the map used by the Department to identify the
location of Coastal Planning Areas, CAFRA centers, CAFRA cores, and
CAFRA nodes. The CAFRA Planning Map is available on the Department's
Geographic Information System (GIS).
"Community basin" means 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" means the increase in soil bulk density.
3
"Contributory drainage area" means the area from which stormwater runoff
drains to a stormwater management measure, not including the area of the
stormwater management measure itself.
"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:
1. A county planning agency or
2. 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 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, for which permission is required under the Municipal
Land Use Law, N.J.S.A. 40:55D-1 et seq.
any
In the case of development of agricultural land, development means:
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.
"Disturbance" means the placement or reconstruction of impervious surface or
motor vehicle surface, or exposure and/or movement of soil or bedrock or
clearing, cutting, or removing of vegetation. Milling and repaving is not
considered disturbance for the purposes of this definition.
4
"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 area" means an area or feature which is of significant
environmental value, including but not limited to: stream corridors, natural
heritage priority sites, habitats of endangered or threatened species, large areas
of contiguous open space or upland forest, steep slopes, and well head
protection and groundwater recharge areas. Habitats of endangered or
threatened species are identified using the Department's Landscape Project as
approved by the Department's Endangered and Nongame Species Program.
"Empowerment Neighborhoods" means 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.
"Erosion" means the detachment and movement of soil or rock fragments by
water, wind, ice, or gravity.
"Green infrastructure" means a stormwater management measure that manages
stormwater close to its source by:
1. Treating stormwater runoff through infiltration into subsoil;
2. Treating stormwater runoff through filtration by vegetation or soil; or
3. Storing stormwater runoff for reuse.
"HUC 14" or "hydrologic unit code 14" means an area within which water
drains to a particular receiving surface water body, also known as a
subwatershed, which is identified by a 14-digit hydrologic unit boundary
designation, delineated within New Jersey by the United States Geological
Survey.
"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.
"Lead planning agency" means 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" means an individual "development," as well as multiple
developments that individually or collectively result in:
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1. The disturbance of one or more acres of land since February 2, 2004;
2. The creation of one-quarter acre or more of "regulated impervious
surface" since February 2, 2004;
3. The creation of one-quarter acre or more of "regulated motor vehicle
surface" since March 2, 2021; or
4. A combination of 2 and 3 above that totals an area of one-quarter acre or
more. The same surface shall not be counted twice when determining if
the combination area equals one-quarter acre or more.
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 paragraphs 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."
"Motor vehicle" means land vehicles propelled other than by muscular power,
such as automobiles, motorcycles, autocycles, and low speed vehicles. For the
purposes of this definition, motor vehicle does not include farm equipment,
snowmobiles, all-terrain vehicles, motorized wheelchairs, go-carts, gas buggies,
golf carts, ski-slope grooming machines, or vehicles that run only on rails or
tracks.
"Motor vehicle surface" means any pervious or impervious surface that is
intended to be used by "motor vehicles" and/or aircraft, and is directly exposed
to precipitation including, but not limited to, driveways, parking areas, parking
garages, roads, racetracks, and runways.
"Municipality" means any city, borough, town, township, or village.
"New Jersey Stormwater Best Management Practices (BMP) Manual" or "BMP
Manual" means 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 Chapter 53-134.F of this
ordinance and N.J.A.C. 7:8-5.2(g), that the proposed measure and its design will
6
contribute to achievement of the design and performance standards established
by this chapter.
"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, political subdivision of this State and any state, interstate or Federal
agency.
"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.
"Regulated impervious surface" means any of the following, alone or in
combination:
1. A net increase of impervious surface;
2. 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);
3. The total area of impervious surface proposed to be newly collected by
an existing stormwater conveyance system; and/or
4. 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" means any of the following, alone or in
combination:
7
1. The total area of motor vehicle surface that is currently receiving water;
2. A net increase in motor vehicle surface; and/or
quality treatment either by vegetation or soil, by an existing stormwater
management measure, or by treatment at a wastewater treatment plant,
where the water quality treatment will be modified or removed.
"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 management BMP" means an excavation or embankment and
related areas designed to retain stormwater runoff. A stormwater management
BMP may either be normally dry (that is, a detention basin or infiltration
system), retain water in a permanent pool (a retention basin), or be planted
mainly with wetland vegetation (most constructed stormwater wetlands).
"Stormwater management measure" means any practice, technology, process,
program, or other method intended to control or reduce stormwater runoff and
associated pollutants, or to induce or control the infiltration or groundwater
recharge of stormwater or to eliminate illicit or illegal non-stormwater
discharges into stormwater conveyances.
"Stormwater runoff" means water flow on the surface of the ground or in storm
sewers, resulting from precipitation.
"Stormwater management planning agency" means a public body authorized by
legislation to prepare stormwater management plans.
8
"Stormwater management planning area" means 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.
"Tidal Flood Hazard Area" means a flood hazard area in which the flood
elevation resulting from the two-, 10-, or 100-year storm, as applicable, is
governed by tidal flooding from the Atlantic Ocean. Flooding in a tidal flood
hazard area may be contributed to, or influenced by, stormwater runoff from
inland areas, but the depth of flooding generated by the tidal rise and fall of the
Atlantic Ocean is greater than flooding from any fluvial sources. In some
situations, depending upon the extent of the storm surge from a particular storm
event, a flood hazard area may be tidal in the 100-year storm, but fluvial in
more frequent storm events.
"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
Neighborhoods.
Coordinating
Council
Empowerment
"Water control structure" means a structure within, or adjacent to, a water,
which intentionally or coincidentally alters the hydraulic capacity, the flood
elevation resulting from the two-, 10-, 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" means the ocean and its estuaries, all springs, streams,
wetlands, and bodies of surface or groundwater, whether natural or artificial,
within the boundaries of the State of New Jersey or subject to its jurisdiction.
9
"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.
Chapter 53-133. 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.
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 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.
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.
Chapter 53-134. 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 the provisions contained in the stormwater management
regulations and herein.
B. Stormwater management measures shall avoid adverse impacts of concentrated
flow on habitat for threatened and endangered species as documented in the
Department's Landscape Project or Natural Heritage Database established under
N.J.S.A. 13:1B-15.147 through 15.150, particularly Helonias bullata (swamp
pink) and/or Clemmys muhlnebergi (bog turtle).
10
C. The following linear development projects are exempt from the groundwater
recharge, stormwater runoff quality, and stormwater runoff quantity
requirements of Chapter 53-134 P, 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.
D. A waiver from strict compliance from the green infrastructure, groundwater
recharge, stormwater runoff quality, and stormwater runoff quantity
requirements of Chapter 53-134.O, 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 Chapter 53-134.O, P, Q and R to the maximum extent
practicable;
3. The applicant demonstrates that, in order to meet the requirements of
Chapter 53-134.O, 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 IV.D.3 above within the upstream drainage area of the
receiving stream, that would provide additional opportunities to mitigate the
requirements of Chapter 53-134.O, 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 Chapter 53-134.O, 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
11
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 ordinance the BMP Tables
in the Stormwater Management rule at N.J.A.C. 7:8-5.2(f) shall take
precedence.
Table 1
Green Infrastructure BMPs for Groundwater Recharge, Stormwater Runoff
Quality, and/or Stormwater Runoff Quantity
Best Management
Practice
Cistern
Stormwater Runoff
Quality
TSS Removal
Rate
(percent)
0
Minimum
Stormwater
Runoff
Quantity
Groundwater
Recharge
Separation from
Seasonal High
Water Table
(feet)
Yes
No
二
Dry Well(a)
0
No
Yes
2
Grass Swale
50 or less
No
No
2(e)
1(f)
Green Roof
0
Yes
No
Manufactured
Treatment
50 or 80
No
No
二
Dependent
upon the device
Device(a) (g)
Pervious
Yes(b)
2(b)
Paving
80
Yes
No(c)
1(c)
System(a)
Small-Scale
Bioretention
Yes(b)
2(b)
80 or 90
Yes
No(c)
1(c)
Basin(a)
Small-Scale
Infiltration
80
Yes
Yes
2
Basin(a)
Small-Scale
80
Yes
Yes
2
Sand Filter
12
Vegetative
Filter Strip
60-80
No
No
Table 2
Green Infrastructure BMPs for Stormwater Runoff Quantity
(or for Groundwater Recharge and/or Stormwater Runoff Quality
with a Waiver or Variance from N.J.A.C. 7:8-5.3)
Best
Management
Practice
Stormwater
Runoff Quality
TSS Removal
Rate
(percent)
Stormwater
Runoff
Quantity
Groundwater
Recharge
Minimum
Separation from
Seasonal High
Water Table
(feet)
Bioretention
System
80 or 90
Yes
Yes(b)
No(c)
2(b)
1(c)
Infiltration Basin
80
Yes
Yes
2
Sand Filter(b)
80
Yes
Yes
2
Standard
Constructed
90
Yes
No
N/A
Wetland
Wet Pond(d)
50-90
Yes
No
N/A
Table 3
BMPs for Groundwater Recharge, Stormwater Runoff Quality, and/or
Stormwater Runoff Quantity
only with a Waiver or Variance from N.J.A.C. 7:8-5.3
Stormwater Runoff
Best
Quality
Management
Practice
TSS Removal
Rate
(percent)
Stormwater
Runoff
Quantity
Groundwater
Recharge
Minimum
Separation from
Seasonal High
Water Table
(feet)
Blue Roof
0
Yes
No
N/A
Extended
40-60
Yes
No
1
Detention Basin
Manufactured
Treatment
50 or 80
No
No
Device(h)
Dependent
upon the
device
Sand Filter(c)
80
Yes
No
1
13
Subsurface
Gravel Wetland
90
No
No
1
Wet Pond
50-90
Yes
No
N/A
Notes to Tables 1, 2, and 3:
(a) subject to the applicable contributory drainage area limitation specified at
Chapter 53-134.0.2;
(b) designed to infiltrate into the subsoil;
(c) designed with underdrains;
(d) designed to maintain at least a 10-foot wide area of native vegetation along
at least 50 percent of the shoreline and to include a stormwater runoff
retention component designed to capture stormwater runoff for beneficial
reuse, such as irrigation;
(e) designed with a slope of less than two percent;
(f) designed with a slope of equal to or greater than two percent;
(g)
manufactured treatment devices that meet the definition of green
infrastructure at Chapter 53-132;
(h) manufactured treatment devices that do not meet the definition of green
infrastructure at Chapter 53-132.
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 Chapter 53-135.B. Alternative stormwater management measures may be
used to satisfy the requirements at Chapter 53-134.O only if the measures meet
the definition of green infrastructure at Chapter 53-132. Alternative stormwater
management measures that function in a similar manner to a BMP listed at
Section 0.2 are subject to the contributory drainage area limitation specified at
Section 0.2 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 Section 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 Chapter 53-134.D is granted from Chapter
53-134.0.
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H. Whenever the stormwater management design includes one or more BMPs that
will infiltrate stormwater into subsoil, the design engineer shall assess the
hydraulic impact on the groundwater table and design the site, so as to avoid
adverse hydraulic impacts. Potential adverse hydraulic impacts include, but are
not limited to, exacerbating a naturally or seasonally high water table, so as to
cause surficial ponding, flooding of basements, or interference with the proper
operation of subsurface sewage disposal systems or other subsurface structures
within the zone of influence of the groundwater mound, or interference with the
proper functioning of the stormwater management measure itself.
I. Design standards for stormwater management measures are as follows:
1. Stormwater management measures shall be designed to take into account the
existing site conditions, including, but not limited to, environmentally
critical areas; wetlands; flood-prone areas; slopes; depth to seasonal high
water table; soil type, permeability, and texture; drainage area and drainage
patterns; and the presence of solution-prone carbonate rocks (limestone);
2. Stormwater management measures shall be designed to minimize
maintenance, facilitate maintenance and repairs, and ensure proper
functioning. Trash racks shall be installed at the intake to the outlet
structure, as appropriate, and shall have parallel bars with one-inch spacing
between the bars to the elevation of the water quality design storm. For
elevations higher than the water quality design storm, the parallel bars at the
outlet structure shall be spaced no greater than one-third the width of the
diameter of the orifice or one-third the width of the weir, with a minimum
spacing between bars of one inch and a maximum spacing between bars of
six inches. In addition, the design of trash racks must comply with the
requirements of Chapter 53-138.C;
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 Chapter 53-138; and
5. The size of the orifice at the intake to the outlet from the stormwater
management BMP shall be a minimum of two and one-half inches in
diameter.
J. Manufactured treatment devices may be used to meet the requirements of this
subchapter, provided the pollutant removal rates are verified by the New Jersey
Corporation for Advanced Technology and certified by the Department.
Manufactured treatment devices that do not meet the definition of green
infrastructure at Chapter 53-132 may be used only under the circumstances
described at Chapter 53-134.0.4.
K. Any application for a new agricultural development that meets the definition of
major development at Chapter 53-132 shall be submitted to the Soil
15
Conservation District for review and approval in accordance with the
requirements at Chapter 53-132.O, P, Q and R and any applicable Soil
Conservation District guidelines for stormwater runoff quantity and erosion
control. For purposes of this subsection, "agricultural development" means land
uses normally associated with the production of food, fiber, and livestock for
sale. Such uses do not include the development of land for the processing or
sale of food and the manufacture of agriculturally related products.
L. If there is more than one drainage area, the groundwater recharge, stormwater
runoff quality, and stormwater runoff quantity standards at Chapter 53-134.P, Q
and R shall be met in each drainage area, unless the runoff from the drainage
areas converge onsite and no adverse environmental impact would occur as a
result of compliance with any one or more of the individual standards being
determined utilizing a weighted average of the results achieved for that
individual standard across the affected drainage areas.
M. Any stormwater management measure authorized under the municipal
stormwater management plan or ordinance shall be reflected in a deed notice
recorded in the Office of the Middlesex County Clerk, as appropriate. 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 Chapter
53-134.O, 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 Chapter 53-140.B.5. Prior to the commencement of construction, proof that
the above required deed notice has been filed shall be submitted to the
municipality. Proof that the required information has been recorded on the deed
shall be in the form of either a copy of the complete recorded document or a
receipt from the clerk or other proof of recordation provided by the recording
office. However, if the initial proof provided to the municipality is not a copy
of the complete recorded document, a copy of the complete recorded document
shall be provided to the municipality within 180 calendar days of the
authorization granted by the municipality.
N. A stormwater management measure approved under the municipal stormwater
management plan or ordinance may be altered or replaced with the approval of
the municipality, if the municipality determines that the proposed alteration or
replacement meets the design and performance standards pursuant to Chapter
53-134 of this ordinance and provides the same level of stormwater

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"...of the State" means the ocean and its estuaries, all springs, streams, wetlands, and bodies of surface or groundwater, whether natural or artificial, within the boundaries of the State of New Jersey or subject to its jurisdiction. 9 "Wetlands" or "wetland" means an area that is inundated or saturated by surface water or..."

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