Flooding in the Township of Barnegat occurs infrequently because of the low runoff-generating character of the soil and the extensive areas of wetlands which absorb the impact of runoff. However, as land is developed, the permeable soils are replaced by the impermeable surfaces which increase runoff volumes. All future development in Barnegat Township shall utilize the best available technology to minimize off-site storm water runoff, increase on-site infiltration, simulate natural drainage systems and minimize off-site discharge of pollutants to ground or surface water and encourage natural filtration functions.

The runoff control methods shall be to prevent the rate and volume of off-site storm water runoff during the construction and operation of a development under any storm conditions from exceeding the rate and volume of runoff that would occur under the existing predeveloped conditions, such as cultivated land, bare earth or partial paving; the goal of runoff control methods shall be to achieve the runoff standards for good condition pastureland or woodland (SCS TR-55 Curve Numbers 60 and 55 respectively), which may result in a greater quantity of on-site retention and infiltration than under the existing predeveloped conditions.

General. All streets shall be provided with storm water inlets and pipes where same may be necessary for proper surface drainage. The system shall be adequate to carry off and/or store the storm water and natural drainage water which originates beyond the development boundaries and passes through the development, calculated on the basis of maximum potential development permitted. No storm water runoff or natural drainage water shall be so diverted as to overload existing drainage systems or to create flooding or the need for additional drainage structures on other lands without proper and approved provisions being made for taking care of these conditions, including off-tract improvements.

No drainage pipe or easement shall be permitted within 25 feet of any existing or proposed individual sewage disposal system. At least two feet zero inches of minimum cover over the top of the pipe at all times, including during construction, must be provided.

Subject to review and approval by the Board, the design of a subdivision may be modified to take advantage of the natural drainage features of the land. In such review, the Board will use the following criteria:

When a developer or his engineer determines that it will be necessary to utilize design standards in addition to or other than those minimum requirements established herein, he is advised to consult with the Board Engineer prior to the beginning of his detailed design for review and approval of his proposed design standards. Standards utilized should generally be nationally recognized and in common use in this area.

When the Board finds it necessary, it may waive any or all of the requirements established herein, except the requirements of Article XIX, Standards for Development in the Pinelands Area, §§ 55-291—55-301, which were established for the purpose of conformity with the Pinelands Comprehensive Management Plan, and may require additional information, in accordance with N.J.S.A. 40:55D-51.

All development applications must be accompanied by the drainage area map and drainage calculations.

Roof drains and sump pumps.

The duration of a storm used in computing storm water runoff shall be the equivalent of the time required for water falling at the most remote point of the drainage area to reach the point in the drainage system under consideration.

No pipe size in any storm drainage system shall be less than fifteen (15) inch diameter reinforced concrete pipe or its equivalent.

Dished gutters shall not be permitted on any streets and intersections.

Storm Drain Pipe Specifications.

For all development, blocks and lots shall be graded to secure property drainage away from all buildings and to prevent the collection of storm water in pools and to avoid concentration of storm water from each lot to adjacent lots. Easements or rights-of-way shall be required where storm drains are installed outside streets.

Fill material for lot grading shall have a percolation rate equal to or greater than existing soil conditions. Fill material shall be as free of clay soils as possible. Sieve analyses shall be performed on representative soil samples of all fill material and the effective size and the uniformity coefficient determined. Fill material shall meet or exceed the quality of the existing soil as determined by the sieve analyses.

Runoff. All storm drains shall be designed to carry the peak discharge from the entire upstream watershed. The peak discharge shall be determined by the rational method or the Soil Conservation Service tabular method as defined in the United States Department of Agriculture, Soil Conservation Service, Urban Hydrology for Small Watersheds, Technical Release No. 55, latest edition. In the Pinelands peak discharge shall be computed for the fifty (50) year, twenty-four (24) hour storm using Soil Conservation Service TR 55 only.

Conduit Sizing. The sizing of conduit for the transmission of storm flow shall be determined by the use of the Manning Formula.

Coefficient of Runoff.

Intensity of Rainfall.

Coefficient of Roughness.

Velocity Restrictions. In general, velocities in closed conduits at design flow should be at least two and one-half (2 1/2) feet per second but not more than velocity which will cause erosion damage to the conduit. In general, velocities in open channels at design flow shall not be less than five-tenths (5/10) 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 one and three fourth (1 3/4) feet per second. For other channels, sufficient design data and soil tests to the subdivider and shall be made available to the Board at the time of drainage review. At the transition 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 or chutes and checks all suitably detailed and approved. All inlets shall be equipped with oil/grease and grit separators.

Drainage Structures. All drainage structures, including manholes, inlets, headwalls, sections and box culverts, shall conform to the current details of the New Jersey Department of Transportation. Unless approved otherwise by the Board Engineer, all curb inlets shall be standard Type C with curbpiece heights equal to the exposed curb face of the adjacent curb, plus two (2) inches. All lawn inlets shall be standard Type E. When the pipe is such as to require a larger structure, standard Type C1 or C2, E1 and E2 shall be used. If still larger sizes are required, they shall be specifically detailed using standard frames and grates.

Inlet Capacity. The maximum collecting capacity of an inlet shall be five (5) cubic feet per second for Type C inlets and five (5) cubic feet per second for Type E inlets, and in addition, gutter flow shall also be limited to provide a maximum gutterflow surface width of eight (8) feet.

Inlet Location and Spacing. Inlets shall be located as follows: at all street low points; in all gutters spaced to ensure that the runoff to each inlet does not exceed the collecting capacity as previously established; in yards and swales as required; and as required at intersections to eliminate rocker gutters. In no event shall inlets be placed more than six hundred (600) feet apart.

Alignment. Curved alignments shall not be permitted. All pipes shall be constructed on a tangent alignment.

End Section. All discharge pipe shall terminate with an end section of straight cast-in-place concrete or cast-in-place concrete with flared wing walls. Safety gratings shall be installed on all end sections to prohibit entry into pipes.

Inlets, Catch Basins and Manholes.

Open Channels. Generally unlined open channel cross sections shall have side slopes not steeper than four to one (4:1) for channel depths of two (2) feet or less and not steeper than six to one (6:1) for channel depths of more than two (2) feet. Lined open-channel side slopes shall not be steeper than two to one (2:1). The bottom of all unlined open channels and the channel side slopes to at least the design flow level will be sodded with suitable course grass sod. 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. All unlined open channels which can be expected to have a base flow of five (5) cubic feet per second or more for at least two (2) out of every twelve (12) months will be provided with a low-flow channel, using gabions, riprap, lining, one-third (1/3) pipe sections or other arrangements approved as part of the final plat submission.

New Jersey Department of Environmental Protection Jurisdiction. All drainage facilities carrying runoff from tributary areas larger than one-half (1/2) square mile or located within a floodplain must have the approval of 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, or may refer the matter to the Township Engineer for review.

Nonpipe Culverts. All nonpipe culverts shall be designed for American Association of State Highway Officials 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.

Lakes. Any lake construction in upland areas to provide waterfront lots for a residential development shall have a minimum area covered by water of at least five (5) acres and an average depth of water of not less than three (3) feet from May 1 to September 1 of each year.

Guiderails. Guiderails and/or railing shall be placed at all drainage structures where the interests of pedestrians or vehicular safety would dictate. The Board may require that any open channel other than naturally occurring streams be fenced with forty-eight (48) inch chain link fencing if the banks of the channel are steeper than one (1) foot vertical for every four (4) feet horizontal and either the total depth of the channel exceeds four (4) feet or the channel would be expected to have a depth of flow greater than two (2) feet more often than once every ten (10) years. For maintenance purposes, gates may be required by the Board at specific intervals.

Preference shall be given to open-ended underground recharge systems to handle storm water runoff. Where underground recharge is impossible or impractical, as determined by the Board, other approved methods of storm water runoff control utilizing the best available technology shall be employed. The "best available technology" may include measures, such as retention basins, recharge trenches, porous paving and piping, contour terraces and swales, provided that such techniques can be demonstrated to satisfy these policies. If the applicant requests a waiver of the requirements of this section based on underground recharge being impossible or impractical, then the applicant must submit with the application an engineering report containing all of the information required of this section and a detailed explanation as to the reasons for the request for a waiver and an evaluation of the alternatives to subsurface recharge.

The off-site storm water sewers may not discharge into sanitary sewer systems.

Nonpoint source pollution from urban runoff can be minimized by eliminating direct discharge into surface waters. Recharging storm water to the ground helps maintain groundwater supplies but may have an impact on groundwater quality, if not properly treated. The amount of pollutants in the storm water runoff discharge to surface water bodies shall be minimized, and the impact of the discharge shall satisfy the applicable Department of Environmental Protection established surface water quality standards of the receiving water body, using measures such as sediment traps, oil skimmers and vacuum street cleaners. Pollutants of major concern include petrochemicals and heavy metals from vehicle spillage, deicing salts, aromatic hydrocarbons from blacktop paving, pesticides, herbicides and fertilizers from lawn and garden areas. Separation of storm water shall be required to allow for direct recharge using dry wells of pollutant-free runoff from places such as rooftops. Runoff contaminated with metals, oils, grease or animal waste should be treated by vegetal filtration prior to recharge.

If off-site discharge is permitted by the Board, except in the Pinelands area where such storm water release shall be strictly prohibited, then the volume and quality of storm water discharge off-site shall be controlled so as not to cause any adverse impacts to the receiving water body and must conform to the requirements of the Department of Environmental Protection Stream Encroachment Permit Program and rules. Where practicable, storm water should not be recharged into soils which are classified as excessively or somewhat excessively drained nor into areas identified as deep aquifer recharge areas. The application of road oils, which is sometimes used as a dust control measure, shall be prohibited.

Storm water runoff volume calculations shall be developed using an acceptable method of determining discharge, as defined in United States Department of Agriculture, Soil Conservation Service, Urban Hydrology for Small Watersheds, Technical Release No. 55, latest edition, for Type III storms. Curve numbers shall be computed weighted averages from proposed conditions and not typical "Residential Values" as published in Technical Release No. 55. Predevelopment curve numbers shall be computed for the tract prior to any development and shall be representative of good condition pastureland or woodlands. The design storm shall be the fifty (50) year, twenty-four (24) hour storm for lands regulated by the Pinelands Commission and the one hundred (100) year, twenty-four (24) hour storm for lands not regulated by the Pinelands Commission. Calculations shall be submitted on a form acceptable to the Township Engineer.

Discharge of runoff into lakes, ponds and reservoirs shall be discouraged and in the Pinelands area of the township strictly prohibited, as these sites have a severely limited ability to flush pollutants, owing to limited freshwater in flow and lack of tidal inundation. Pollutants which enter these areas can precipitate to the bottom, remaining a continuing source of contamination. Certain lakes, ponds and reservoirs also serve as potable water sources. No direct discharge of storm water runoff into wetlands shall be permitted.

Coastal development shall avoid discharging of runoff to groundwater on high-permeability moist soils to the maximum extent possible.

In those areas requiring special attention, provisions shall be provided by this chapter requiring storm water runoff management plans to maximize recharge of runoff to the groundwater using natural drainage concepts, such as gravel driveways and dry wells for roof runoff, rather than large infiltration systems.

It is also recommended that the Soil Conservation Districts and county engineering departments review storm water runoff management plans and that the soil erosion and sediment control standards promulgated pursuant to the Soil Erosion and Sediment Control Act of 1975, and revised July 1980, be used as interim design standards.

Except as otherwise provided in this chapter, Storm water Recharge Systems shall be designed as either totally underground or a combination of underground recharge and surface retention in accordance with this subsection. Calculations shall be presented on worksheets acceptable to the Township Engineer.

Approval of any swale, holding pond or basin will be contingent upon approval of the Mosquito Commission.

The storage volume of the subsurface recharge system may take into account percolation and exfiltration during the storm event as outlined in this section:

The construction of any facility utilized to control on-site runoff or drainage should be designed to create a more aesthetic and pleasing environment. To accomplish this, the municipality will require that plants native to the area and soil be used for landscaping to the maximum extent feasible. When other ornamental plants are used, they should be types which are compatible with the natural environment. Terrestrial vegetation stabilizes soil, retards erosion and runoff, and promotes infiltration of surface water, reduces the force of wind and adds to aesthetic values for recreation and domestic life. Trees release life-giving oxygen, filter particulate pollutants and provide foods and fuel with no energy input by man.

A revegetation or landscaping plan is to be submitted with each application site plan utilizing any runoff or drainage control. This plan must include information on the size of the area to be cleared, soil conditions, a description of the existing vegetation and description of the vegetation which will be planted following clearing of any subsequent development. Season permitting, revegetation shall follow immediately after clearing or development is completed. Soil stabilization is required.

All storm water disposal systems shall be designed and maintained such that all runoff will be charged and/or discharged within forty-eight (48) hours of the end of the storm event.

All underground recharge systems shall be located within roadway rights-of-way or other dedicated land. Drainage easements will not be permitted.

All development shall meet the more stringent surface water runoff standards promulgated by the New Jersey Department of Environmental Protection or as contained in Article XIX, Standards for Development in Pinelands Area, 55-291—55-301.

Surface water runoff shall not be directed in such a way as to increase the volume and rate of discharge into any surface water body from that which existed prior to development of the parcel.

Subsurface Recharge Systems.

Surface Disposal Systems Such as Swales, Retention Basins or Detention Basins.

Responsibility for operation and maintenance facilities, including periodic removal and disposal of accumulated particulate material and debris, shall remain with the owner or owners of the property with permanent arrangements that it shall pass to any successive owner, unless assumed by a government agency. If portions of the land are to be sold, legally binding arrangements shall be made to pass the basic responsibility to successors in title. These arrangements shall designate for each project the property owner, governmental agency or other legally established entity to be permanently responsible for maintenance, hereinafter in the section referred to as the "responsible person."

Prior to the granting approval to any project subject to review under this Article, the applicant shall enter into an agreement with the municipality to ensure the continued operation and maintenance of the facility. This agreement shall be in a form satisfactory to the Municipal Attorney and may include, but may not necessarily be limited to, personal guaranties, deed restrictions, covenants and bonds. In cases where property is subdivided and sold separately, a homeowners' association or similar permanent entity should be established as the responsible entity, absent an agreement by a governmental agency to assume responsibility.

In the event that the facility becomes a danger to public safety or public health, or if it is in need of maintenance, the municipality shall so notify in writing the responsible person. From that notice, the responsible person shall have fourteen (14) days to effect such maintenance and repair of the facility in a manner that is approved by the Township Engineer or his designee. If the responsible person fails or refuses to perform such maintenance and repair, the municipality may immediately proceed to do so and shall bill the cost thereof to the responsible person.

The township shall ascertain in each drainage instance the drainage area of which the specific subdivision is a part and shall apportion the fair costs of adequate drainage for the whole drainage area among the landowners who contribute to or who will contribute to the storm water runoff if the subdivision is approved.

Each applicant for a subdivision requiring provisions for overall drainage of storm water runoff shall install an adequate drainage system in the specific subdivision and shall also pay in cash to the Township the fair cost so apportioned to the specific subdivision for the ultimate disposal of the storm water runoff to such ultimate adequate outlet for final disposal as aforesaid. Each payment made to the Township shall be held by it in trust until the overall ultimate disposal system is constructed for the drainage area in question, at which time the trust funds raised for that drainage area may be used for such construction in and for that area.

In all major subdivisions, the developer shall be required to post an off-tract assessment in the amount of two thousand five hundred ($2,500.00) dollars per lot to be used at the Township's discretion for the maintenance of stormwater collection and disposal systems.

Any person violating or failing to comply with any of the provisions of this chapter shall, upon conviction thereof, be punishable by a fine of not more than one thousand ($1,000.00) dollars or by imprisonment for a term not to exceed ninety (90) days, or by both such fine and imprisonment, in the discretion of the Judge. The continuation of such violation for each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuation of the violation may be punished as provided above for each separate offense.

The violation of any provision of this chapter shall be subject to abatement summarily by a restraining order or injunction issued by a court of competent jurisdiction.

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 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 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 green infrastructure, water quality, quantity, and groundwater recharge.

Purpose. The purpose of this section is to establish minimum stormwater management requirements and controls for "major development," as defined below in § 55-329.2.

Applicability.

Compatibility with other permit and ordinance requirements.

Development approvals issued pursuant to this section 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 section shall be held to be the minimum requirements for the promotion of the public health, safety, and general welfare.

This section 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 section 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.

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:

The standards in this section apply only to new major developments 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 developments 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.

The development shall incorporate a maintenance plan for the stormwater management measures incorporated into the design of a major development in accordance with Subsection 55-329.10.

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).

The following linear development projects are exempt from the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity requirements of Subsection 55-329.4P, Q, R:

A waiver from strict compliance from the green infrastructure, groundwater recharge, stormwater runoff quality, and stormwater runoff quantity requirements of Subsection 55-329.4O, 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:

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 Subsection 55-329.4O, 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://dep.nj.gov/stormwater/bmp-manual/.

Where the BMP tables in the NJ Stormwater Management Rule are different due to updates or amendments with the tables in this section the BMP Tables in the Stormwater Management rule at N.J.A.C. 7:8-5.2(f) shall take precedence.

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 Subsection 55-329.6B. Alternative stormwater management measures may be used to satisfy the requirements at Subsection 55-329.4O only if the measures meet the definition of green infrastructure at Subsection 55-329.2. Alternative stormwater management measures that function in a similar manner to a BMP listed at Subsection 55-329.4O(2) are subject to the contributory drainage area limitation specified at Subsection 55-329.4O 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 55-329.4O(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 Subsection 55-329.4D is granted from Subsection 55-329.4O.

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.

Design standards for stormwater management measures are as follows:

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 Subsection 55-329.4C may be used only under the circumstances described at Subsection 55-329.4O(4).

Any application for a new agricultural development that meets the definition of major development at Subsection 55-329.4C shall be submitted to the Soil Conservation District for review and approval in accordance with the requirements at Subsection 55-329.4O, 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.

If there is more than one drainage area, the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at Subsection 55-329.4P, 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.

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 Ocean County Clerk. 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 Subsection 55-329.4O, 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 Subsection 55-329.10B(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.

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 Subsection 55-329.4 of this section and provides the same level of stormwater management as the previously approved stormwater management measure that is being altered or replaced. If an alteration or replacement is approved, a revised deed notice shall be submitted to the municipality for approval and subsequently recorded with the Office of the Ocean County Clerk and shall contain a description and location of the stormwater management measure, as well as reference to the maintenance plan, in accordance with Subsection 55-329.4M above. Prior to the commencement of construction, proof that the above required deed notice has been filed shall be submitted to the municipality in accordance with Subsection 55-329.4M above.

Green infrastructure standards.

Groundwater recharge standards.

Stormwater runoff quality standards.

Stormwater runoff quantity standards.

Stormwater runoff shall be calculated in accordance with the following:

Groundwater recharge may be calculated in accordance with the following: The New Jersey Geological Survey Report GSR-32: A Method for Evaluating Groundwater-Recharge Areas in New Jersey, incorporated herein by reference as amended and supplemented. Information regarding the methodology is available from the New Jersey Stormwater Best Management Practices Manual; at the New Jersey Geological Survey website at:

https://www.nj.gov/dep/njgs/pricelst/gsreport/gsr32.pdf

or at New Jersey Geological and Water Survey, 29 Arctic Parkway, PO Box 420 Mail Code 29-01, Trenton, New Jersey 08625-0420.

The precipitation depths of the current two-, ten-, and 100-year storm events shall be determined by multiplying the values determined in accordance with Subsection C(1) and (2) below:

Table 6: Future Precipitation Change Factors provided below sets forth the change factors to be used in determining the projected two-, ten-, and 100-year storm events for use in this chapter, which are organized alphabetically by county. The precipitation depth of the projected two-, ten-, and 100-year storm events of a site shall be determined by multiplying the precipitation depth of the two-, ten-, and 100-year storm events determined from the National Weather Service's Atlas 14 Point Precipitation Frequency Estimates pursuant to Subsection C(1) above, by the change factor in the table below, in accordance with the county or counties where the drainage area(s) of the site is located. Where the major development and/or its drainage area lies in more than one county, the precipitation values shall be adjusted according to the percentage of the drainage area in each county. Alternately, separate rainfall totals can be developed for each county using the values in the table below.

Technical guidance for stormwater management measures can be found in the documents listed below, which are available to download from the Department's website at: https://dep.nj.gov/stormwater/bmp-manual/.

Submissions required for review by the Department should be mailed to: The Division of Watershed Protection and Restoration, New Jersey Department of Environmental Protection, Mail Code 501-02A, PO Box 420, Trenton, New Jersey 08625-0420.

Site design features identified under Subsection 55-329.4F above, or alternative designs in accordance with Subsection 55-329.4G above, to prevent discharge of trash and debris from drainage systems 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 Subsection 55-329.7A(2) below.

This section sets forth requirements to protect public safety through the proper design and operation of stormwater management BMPs. This section applies to any new stormwater management BMP.

The provisions of this section are not intended to preempt more stringent municipal or county safety requirements for new or existing stormwater management BMPs. Municipal and county stormwater management plans and ordinances may, pursuant to their authority, require existing stormwater management BMPs to be retrofitted to meet one or more of the safety standards in Subsection 55-329.8C(1), (2), and (3) for trash racks, overflow grates, and escape provisions at outlet structures.

Requirements for trash racks, overflow grates and escape provisions.

Variance or exemption from safety standard. A variance or exemption from the safety standards for stormwater management BMPs may be granted only upon a written finding by the municipality that the variance or exemption will not constitute a threat to public safety.

Safety ledge illustration.

Submission of site development stormwater plan.

Site development stormwater plan approval. The applicant's site development project shall be reviewed as a part of the review process by the municipal board or official from which municipal approval is sought. That municipal board or official shall consult the municipality's review engineer to determine if all of the checklist requirements have been satisfied and to determine if the project meets the standards set forth in this section.

Submission of site development stormwater plan. The following information shall be required:

Applicability. Projects subject to review as in Subsection 55-329.1C of this section shall comply with the requirements of Section 55-329.10B and C.

General maintenance.

Nothing in this subsection shall preclude the municipality in which the major development is located from requiring the posting of a performance or maintenance guarantee in accordance with N.J.S.A. 40:55D-53.

Any person, firm, corporation partnership or other business association found guilty of violating any of the provisions of this section shall be subject to a fine of not more than $2,500 for each offense and/or confinement in the Ocean County Jail for a period of not more than 30 days. In case of a continuing violation or violations, a fine of not more than $500 may be assessed for each day that said violation or violations continue unabated until such time as same corrected.

Each instance of engaging in a separate regulated activity in violation of this section shall be deemed a separate offense.

In addition, the Township may institute civil action for injunctive or other relief to enforce the provisions of this section.

This section shall be enforced by the Construction Official, or his designees, the Department of Public Utilities and/or the Code Enforcement Department.

Policy Statement.

Flood control, groundwater recharge, erosion control and pollutant reduction shall be achieved using stormwater management measures, including green infrastructure best management practices (BMPs) and nonstructural stormwater management strategies. Green infrastructure BMPs and low impact development 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. Green infrastructure BMPs and low impact development 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 contained in this section.

Purpose.

The purpose of this section is to establish, within the Pinelands Area portion of Barnegat Township, minimum stormwater management requirements and controls as authorized by the Pinelands Protection Act (N.J.S.A. 13:18A-1 et seq.) and consistent with the Pinelands Comprehensive Management Plan (CMP) (N.J.A.C. 7:50-1.1 et seq.) and the New Jersey Department of Environmental Protection (NJDEP) Stormwater Management Regulations (N.J.A.C. 7:8-1.1 et seq.). The standards in this section are intended to minimize the adverse impact of stormwater runoff on water quality and water quantity, to facilitate groundwater recharge, and to control and minimize soil erosion, stream channel erosion, sedimentation and pollution associated with stormwater runoff. Moreover, Pinelands Area resources are to be protected in accordance with the antidegradation policies contained in the New Jersey Surface Water Quality Standards (N.J.A.C. 7:9B-1.1 et seq.). Additionally, this Section is intended to ensure the adequacy of existing and proposed culverts and bridges and to protect public safety through the proper design and operation of stormwater BMPs. If there are any conflicts between a provision required by the Pinelands CMP and a provision required by the NJDEP, the Pinelands CMP provision shall apply.

Applicability.

Compatibility with Other Permit and Ordinance Requirements.

Development approvals issued pursuant to this Section 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 Section shall be held to be the minimum requirements for the promotion of the public health, safety, and general welfare.

This Section 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 Section 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.

In the event that a regional stormwater management plan(s) is prepared and formally adopted pursuant to N.J.A.C. 7:8-1.1 et seq. for any drainage area(s) or watershed(s) of which Barnegat Township is a part, the stormwater provisions of such a plan(s) shall be adopted by Barnegat Township within one year of the adoption of a Regional Stormwater Management Plan (RSWMP) as an amendment to an Areawide Water Quality Management Plan. Local ordinances proposed to implement the RSWMP shall be submitted to the Pinelands Commission for certification within six months of the adoption of the RSWMP per N.J.A.C. 7:8 and the Pinelands CMP.

Stormwater management measures for development regulated under this Section shall be designed to provide erosion control, groundwater recharge, stormwater runoff quantity control and stormwater runoff quality treatment in accordance with this Section.

All development regulated under this Section shall incorporate a maintenance plan for the stormwater management measures in accordance with subsection 55-330.9.

Stormwater management measures shall avoid adverse impacts of concentrated flow on habitat for threatened and endangered species in accordance with N.J.A.C. 7:8-5.2(c) and N.J.A.C. 7:50-6.27 and 6.33.

Tables 1, 2, and 3 below summarize the ability of stormwater best management practices identified and described in the New Jersey Stormwater BMP Manual to satisfy the green infrastructure, groundwater recharge, stormwater runoff quality and stormwater runoff quantity standards specified in subsection 55-330.3N, O, P, and Q. When designed in accordance with the most current version of the New Jersey Stormwater BMP Manual and this Section, the stormwater management measures found 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 BMP Manual 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 NJDEP 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 NJDEP website at: https://dep.nj.gov/stormwater/bmp-manual/.

Where the BMP tables at N.J.A.C. 7:8-5.2(f) differ with Tables 1, 2 and 3 below due to amendment, the BMP Tables at N.J.A.C. 7:8-5.2(f) shall take precedence, except that in all cases the lowest point of infiltration must maintain a minimum separation of two (2) feet to seasonal high water table as required by subsection 55-330.3H(2) unless otherwise noted.

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 NJDEP and the Pinelands Commission in accordance with subsection 55-330.5B. Alternative stormwater management measures may be used to satisfy the requirements at subsection 55-330.3N only if the measures meet the definition of green infrastructure at subsection 55-330.2. Alternative stormwater management measures that function in a similar manner to a BMP listed at subsection 55-330.3N(2) are subject to the contributory drainage area limitation specified at subsection 55-330.3N(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 55-330.3N(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 subsection 55-330.10 is granted from subsection 55-330.3N.

Hydraulic Impacts.

Design standards for stormwater management measures are as follows:

Manufactured treatment devices may be used to meet the requirements of this Section, provided the pollutant removal rates are verified by the New Jersey Corporation for Advanced Technology and certified by the NJDEP. Manufactured treatment devices that do not meet the definition of green infrastructure at subsection 55-330.2 may be used only under the circumstances described at subsection 55-330.3N(4).

Any application for a new agricultural development that meets the definition of major development at N.J.A.C. 7:8-1.2 shall be submitted to the Soil Conservation District for review and approval in accordance with the requirements at subsection 55-330.3N, O, P, and Q 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.

If there is more than one drainage area, the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at subsection 55-330.3O, P, and Q 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.

Any stormwater management measure authorized under the municipal stormwater management plan, or this Section shall be reflected in a deed notice recorded in the Ocean 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 subsection 55-330.3N, O, P, and Q 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 subsection 55-330.9B(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.

A stormwater management measure approved under the municipal stormwater management plan or this Section 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 contained in subsection 55-330.3N, O, P, and Q and provides the same level of stormwater management as the previously approved stormwater management measure that is being altered or replaced. If an alteration or replacement is approved, a revised deed notice shall be submitted to the municipality for approval and subsequently recorded with the Ocean County Clerk's Office and shall contain a description and location of the stormwater management measure, as well as reference to the maintenance plan, in accordance with paragraph L above. Prior to the commencement of construction, proof that the above required deed notice has been filed shall be submitted to the municipality in accordance with paragraph L above.

Green Infrastructure Standards.

Groundwater Recharge Standards.

Stormwater Runoff Quality Standards.

Stormwater Runoff Quantity Standards.

As-built requirements for major development are as follows:

Stormwater runoff shall be calculated by the design engineer using the USDA Natural Resources Conservation Service (NRCS) methodology, including the NRCS Runoff Equation and Dimensionless Unit Hydrograph, as described in Chapters 7, 9, 10, 15 and 16 Part 630, Hydrology National Engineering Handbook, incorporated herein by reference as amended and supplemented, except that the Rational Method for peak flow and the Modified Rational Method for hydrograph computations shall not be used. This methodology is additionally described in Technical Release 55 - Urban Hydrology for Small Watersheds (TR-55), dated June 1986, incorporated herein by reference as amended and supplemented. Information regarding the methodology is available from the Natural Resources Conservation Service website at: https://directives.sc.egov.usda.gov/viewerFS.aspx?hid=21422 or at United States Department of Agriculture Natural Resources Conservation Service, New Jersey.

In calculating stormwater runoff using the NRCS methodology, the appropriate 24-hour rainfall depths as developed for the parcel by the National Oceanic and Atmospheric Administration, https://hdsc.nws.noaa.gov/hdsc/pfds/pfds map cont.html?bkmrk=nj, shall be utilized.

For the purpose of calculating curve numbers and groundwater recharge, there is a presumption that the pre-construction condition of a site or portion thereof is a wooded land use with good hydrologic condition. The term "curve number" applies to the NRCS methodology at A. above. A curve number or a groundwater recharge land cover for an existing condition may be used on all or a portion of the site if the design engineer verifies that the hydrologic condition has existed on the site or portion of the site for at least five years without interruption prior to the time of application. If more than one land cover has existed on the site during the five years immediately prior to the time of application, the land cover with the lowest runoff potential shall be used for the computations. In addition, there is the presumption that the site is in good hydrologic condition (if the land use type is pasture, lawn, or park), with good cover (if the land use type is woods), or with good hydrologic condition and conservation treatment (if the land use type is cultivation).

In computing pre-construction stormwater runoff, the design engineer shall account for all significant land features and structures, such as ponds, wetlands, depressions, hedgerows, or culverts, that may reduce pre-construction stormwater runoff rates and volumes.

In computing stormwater runoff from all design storms, the design engineer shall consider the relative stormwater runoff rates and/or volumes of pervious and impervious surfaces separately to accurately compute the rates and volume of stormwater runoff from the site. To calculate runoff from unconnected impervious cover, urban impervious area modifications as described in the NRCS Technical Release 55 - Urban Hydrology for Small Watersheds or other methods may be employed.

If the invert of the outlet structure of a stormwater management measure is below the flood hazard design flood elevation as defined at N.J.A.C. 7:13, the design engineer shall take into account the effects of tailwater in the design of structural stormwater management measures.

Groundwater recharge may be calculated in accordance with the New Jersey Geological Survey Report GSR-32, A Method for Evaluating Groundwater-Recharge Areas in New Jersey, incorporated herein by reference as amended and supplemented. Information regarding the methodology is available from the New Jersey Stormwater Best Management Practices Manual; at the New Jersey Geological Survey website at: https://www.nj.gov/dep/njgs/pricelst/gsreport/gsr32.pdf or at New Jersey Geological and Water Survey, 29 Arctic Parkway, PO Box 420 Mail Code 29-01, Trenton, New Jersey 08625-0420.

The precipitation depths of the current two-, ten-, and 100-year storm events shall be determined by multiplying the values determined in accordance with Subsection H(1) and (2) below:

Table 6: Future Precipitation Change Factors provided below sets forth the change factors to be used in determining the projected two-, ten-, and 100-year storm events for use in this chapter, which are organized alphabetically by county. The precipitation depth of the projected two-, ten-, and 100-year storm events of a site shall be determined by multiplying the precipitation depth of the two-, ten-, and 100-year storm events determined from the National Weather Service's Atlas 14 Point Precipitation Frequency Estimates pursuant to Subsection H(1) above, by the change factor in the table below, in accordance with the county or counties where the drainage area(s) of the site is located. Where the major development and/or its drainage area lies in more than one county, the precipitation values shall be adjusted according to the percentage of the drainage area in each county. Alternately, separate rainfall totals can be developed for each county using the values in the table below.

Technical guidance for stormwater management measures can be found in the documents listed below, which are available to download from the NJDEP's website at: https://dep.nj.gov/stormwater/bmp-manual/.

Submissions.

Site design features identified under subsection 55-330.3E, or alternative designs in accordance with subsection 55-330.3F, to prevent discharge of trash and debris from drainage systems 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 paragraph (2) below.

This section sets forth requirements to protect public safety through the proper design and operation of stormwater management BMPs. This section applies to any new stormwater management BMP.

The provisions of this section are not intended to preempt more stringent municipal or county safety requirements for new or existing stormwater management BMPs. Municipal and county stormwater management plans and ordinances may, pursuant to their authority, require existing stormwater management BMPs to be retrofitted to meet one or more of the safety standards in paragraphs C(1),(2) or (3) below for trash racks, overflow grates, and escape provisions at outlet structures.

Requirements for Trash Racks, Overflow Grates and Escape Provisions.

Variance or Exemption from Safety Standard.

A variance or exemption from the safety standards for stormwater management BMPs may be granted only upon a written finding by the municipality that the variance or exemption will not constitute a threat to public safety.

Safety Ledge Illustration.

Submission of Site Development Stormwater Plan.

Site Development Stormwater Plan Approval.

The Site Development Stormwater Plan shall be reviewed as a part of the development review process by the municipal board or official from whom municipal approval is sought. That municipal board or official shall consult the engineer retained by the Planning and/or Zoning Board (as appropriate) to determine if all the checklist requirements have been satisfied and to determine if the project meets the standards set forth in this Section.

Checklist Requirements for major development.

Any application for major development approval shall include a Site Development Stormwater Plan containing, at minimum, the following information.

Checklist Requirements for minor development.

Any application for minor development approval that is subject to this Section shall include a Site Development Stormwater Plan, certified by a design engineer, containing, at minimum, the following information:

Exception from submission requirements.

With the exception of paragraphs C(7) and D(7) above, the municipality may modify or waive any required element of the Site Development Stormwater Plan, provided that sufficient information can be provided to demonstrate compliance with the standards of this Section. However, application information required in accordance with the Pinelands CMP (N.J.A.C. 7:50-4.2(b)) shall be submitted to the Pinelands Commission, unless the Executive Director of the Pinelands Commission waives or modifies the application requirements.

All development regulated under this Section shall incorporate a maintenance plan, prepared by the design engineer, consistent with paragraph B below. Maintenance and repair shall be implemented in accordance with maintenance plan and paragraph C below.

The maintenance plan shall include the following:

General Maintenance and Repair.

Nothing in this section shall preclude the municipality in which the major development is located from requiring the posting of a performance or maintenance guarantee in accordance with N.J.S.A. 40:55D-53.

The exemptions, exceptions, applicability standards, and waivers of strict compliance contained in the NJDEP Stormwater Management Regulations at N.J.A.C. 7:8-1.1 et seq. shall not apply within the Pinelands Area except in accordance with this Section.

The municipal review agency may grant a variance from the design and performance standards for stormwater management measures set forth in its municipal stormwater management plan and this Section, provided that:

Any approved variance shall be submitted by the municipal review agency to the county review agency and the NJDEP, by way of a written report describing the variance, as well as the required mitigation, within 30 days of the approval.

Any person, firm, corporation, partnership, or other business association found guilty of violating any of the provisions of this section shall be subject to a fine of not more than $2,500 for each offense and/or confinement in the Ocean County Jail for a period of not more than thirty (30) days. In case of a continuing violation or violations, a fine of no more than $500 may be assessed for each day that said violation or violations continue unabated until such time as same corrected.

Each instance of engaging in a separate regulated activity in violation of this section shall be deemed a separate offense.

In addition, the Township may institute civil action for injunctive or other relief to enforce the provisions of this section.

This section shall be enforced by the Construction Official, or his designees, the Department of Public Utilities and/or the Code Enforcement Department.