To reduce artificially induced flood damage to public health, life, and property;

To minimize increased storm water runoff from any new land development where such runoff will increase flood damage;

To maintain the adequacy of existing and proposed culverts and bridges, dams and other structures;

To induce water recharge where natural storage and geologically favorable conditions exist where practical;

To prevent, to the greatest extent feasible, an increase in nonpoint source pollution;

To maintain the integrity of stream channels for their biological functions, as well as for drainage and other purposes;

To reduce the impact of development upon downstream erosion;

To reduce erosion from any development or construction project;

To minimize the increase in pollutants in runoff due to land development, which otherwise would degrade the quality of water and may render it both unfit for human consumption and detrimental to biological life; and

To preserve and protect water supply facilities and water resources by means of controlling increased flood discharges, stream erosion, and runoff pollution.

No application for development shall be accepted for filing unless the same includes sufficient information to carry out the intent and purpose of this Article and a stormwater management plan as herein provided is presented.

No land area within the Township shall be developed so that:

The Engineering Department shall administer the provisions of this section and it shall be charged with the duty of promulgating regulations to effectuate the intent of this section, including, among others, runoff control standards, runoff control details, and design of storm water detention facilities.

Flood and erosion control.

Water quality control. In order to provide sediment transport and particulate contaminant pollution control from stormwater runoff, all site development stormwater management plans must provide for the control of a water quality design storm. The water quality design storm shall be defined as either the one-year frequency, twenty-four-hour storm using the Type III rainfall distribution recommended for New Jersey by the U.S. Soil Conservation Service or a storm of 1.25 inches of rainfall falling uniformly in two hours.

The water quality design storm shall be controlled by one of the following practices:

Drainage design. Lots, buildings and parking areas shall be graded to secure and assure proper drainage away from buildings. The land shall be so graded, paved areas so pitched and storm drains and catch basins so located as to provide rapid runoff of storm waters and to avoid undue accumulations of water disturbing to occupants, under the normal range of weather conditions.

In all cases, multiple level outlets or other fully automatic outlets shall be designed so that peak discharge rates from the development for the design storms will not be increased from what could occur if the development were not constructed. Outlet waters shall be discharged from the development at such locations and velocities as not to cause additional erosion or additional channels downstream of the development and shall be in accordance with Standards for Soil Erosion and Sediment Control administered by the Somerset County Soil Conservation District.

Where the project consists of two phases (I) new construction which requires provisions of storm drainage under the terms of this Article and (II) repair or rehabilitation of existing structures and surfaces which does not result in increasing the extent of impervious areas or in rendering existing surfaces less pervious, the detention requirements may be computed on the basis of phase (I) exclusively.

If detention basins or other detention facilities are provided through which water passes at times other than following rainfall, the Municipal Engineer shall be consulted concerning design criteria. It will become necessary for detention requirements to be met, despite the necessity of passing certain low flows. This applies to all onstream or on-line detention basins.

Detention basins located in freshwater wetlands may be allowed only in accordance with the Freshwater Wetlands Protection Act, N.J.S.A. 13:9B-1 et seq., and any rules adopted pursuant thereto.

Any detention facility that impounds water through the use of an artificial dike, levee or other barrier and raises the water level five feet or more above the usual mean low water height when measured from the downstream toe-of-dam to the emergency spillway crest is classified as a dam and subject to the New Jersey Dam Safety Standards, N.J.A.C. 7:20. All such dams must be designed, constructed, operated and maintained in compliance with the rules of N.J.A.C. 7:20.

In many instances, the provision of separate detention facilities for a number of single sites may be more expensive and more difficult to maintain than provision or joint regional facilities for a number of sites. In such cases, the applicant or applicants may seek approval under this Article of joint regional detention facilities which will fulfill the requirements of this Article. However, compliance with this Article must be achieved and may not be postponed.

Stormwater management areas include detention basins, drainage ditches and swales, and wetlands areas. Sensitively-designed basins and swales are encouraged to benefit the health, welfare and safety of residents. Stormwater management areas shall be integrated areas as aesthetic landscape features, naturalized wetland areas, or active and passive recreation areas, in addition to their stormwater management function.

Specifications for establishing maintenance-free ground cover in newly constructed detention basins. Groundcover for detention basins shall be provided in the following manner:

The goal for the planning and design of a stormwater management facility is for its operation with the least practical amount of maintenance. To accomplish this, the facility shall be developed to eliminate avoidable maintenance tasks, minimize the long term amount of regular maintenance tasks, and reduce the potential for extensive, difficult, and costly remedial or emergency maintenance efforts.

Strong, durable, and noncorrodible materials, components, and fasteners shall be used to reduce required maintenance efforts. These include, but are not limited to, lightweight noncorrodible metals such as aluminum for trash racks, orifice plates, and access hatches; hardy, disease resistant grasses for bottoms and side slopes as prescribed by Soil Erosion and Sediment Control Standards administered by the Somerset County Soil Conservation District; reinforced concrete for outlet structures and inlet headwalls; and gabions for channel and outlet linings.

Detention facilities shall be designed to minimize propagation of insects, particularly mosquitoes.

Detention facilities should be designed in a harmonious and attractive manner.

Detention facility outlets shall be designed to function without manual, electric or mechanical controls.

There will be no detention basins in the floodway except for those on-stream.

New development must be in compliance with all applicable regulations under the Flood Hazard Area Control Act, N.J.S.A. 58:16A-50 et seq.

In addition, new development, including construction of detention basins, should be avoided in flood plains, but where this is unavoidable, a special examination to determine adequacy of a proposed detention facility during extreme storm events shall be required. This examination is required to determine what effects, if any, the tailwaters created by the flood plain have on the outflow from and effective storage within the detention facility. All designs of basins in flood plains, therefore, should be based upon an accurate and thorough determination of tailwater effects resulting from runoff from the site and the watershed contribution to the flood plain.

In cases where detention basins, other than on-stream basins, are to be built in flood plains and in default of an analysis such as described above, detention storage provided below the elevation of the 100-year flood (either specially calculated or taken from an official State flood plain delineation map) will be credited as effective storage at a reduced proportion as indicated in Table 1 below:

This effective detention storage plus any other supplementary measures will be required to provide for stormwater detention, in accordance with established standards.

The basic requirements for water quantity and quality control will be satisfied by means of detention basins and combination of measures including, but not limited to, rooftop storage, tanks, drywells, or sheet flow through vegetated areas, with consideration for the appropriateness of the facility, anticipated length of life, feasibility of continued maintenance, and environmental impacts (e.g., contamination of ground water).

Non-structural management practices including, but not limited to, open space acquisition, stream encroachment and flood hazard controls, protection of wetlands, steep slopes and vegetation, should be coordinated with detention requirements. Changes in land use can often reduce the scope and cost of detention provisions required by means of appropriate changes in runoff coefficients.

Any proposed alternative to detention basin use shall be approved by the Township Engineer.

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 subdivision of site plan review process by the municipal board or official from which approval is sought. That municipal board or official shall consult the Township Engineer 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. The following information shall be required:

Responsibility for continued maintenance, repair and safety.

Continued maintenance and repair procedures.

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.

Purpose. The purpose of this ordinance is to establish minimum stormwater management requirements and controls for "major development," as defined below in Section 12-2.2.

Applicability.

Compatibility with Other Permit and Ordinance Requirements.

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 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.

The development shall incorporate a maintenance plan for the stormwater management measures incorporated into the design of a major development in accordance with Section 12-2.10.

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 muhlnebergi (bog turtle).

The following linear development projects are exempt from the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity requirements of Section 12-2.4.P, Q and R:

A waiver from strict compliance from the green infrastructure, groundwater recharge, stormwater runoff quality, and stormwater runoff quantity requirements of Section 12-2.4.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:

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 Section 12-2.4.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 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 ordinance the BMP Tables in the Stormwater Management rule at N.J.A.C. 7:8-5.2(f) shall take precedence.

(Notes corresponding to annotations ^(a) through ^(g) are found on Page 13[1])

(Notes corresponding to annotations ^(b) through ^(d) are found on Page 13[2])

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 Section 12-2.6.B. Alternative stormwater management measures may be used to satisfy the requirements at Section 12-2.4.O only if the measures meet the definition of green infrastructure at Section 12-2.2. Alternative stormwater management measures that function in a similar manner to a BMP listed at Section 12-2.4.O.2 are subject to the contributory drainage area limitation specified at Section 12-2.4.O.2 for that similarly functioning BMP. Alternative stormwater management measures approved in accordance with this subsection that do not function in a similar manner to any BMP listed at Section 12-2.4.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 Section 12-2.4.D is granted from Section 12-2.4.O.

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 Section 12-2.2 may be used only under the circumstances described at Section 12-2.4.O.4.

Any application for a new agricultural development that meets the definition of major development at Section 12-2.2 shall be submitted to the Soil Conservation District for review and approval in accordance with the requirements at Sections 12-2.4.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.

If there is more than one drainage area, the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at Section 12-2.4.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.

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 Somerset County Clerk in which the development, project, project site, or mitigation area containing the stormwater management measure is located, as appropriate, to the municipality.

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 Section 12-2.4.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 Section 12-2.5.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.

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 Section 12-2.4 of this ordinance 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 Somerset 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 Section 12-2.4.M 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 Section 12-2.4.M 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-, 10-, and 100-year storm events shall be determined by multiplying the values determined in accordance with items 1 and 2 below:

Future Precipitation Change Factors provided below sets forth the change factors to be used in determining the projected two-, 10-, and 100-year storm events for use in this chapter, which are organized alphabetically by county. The precipitation depth of the projected two-, 10-, and 100-year storm events of a site shall be determined by multiplying the precipitation depth of the two-, 10-, and 100-year storm events determined from the National Weather Service's Atlas 14 Point Precipitation Frequency Estimates pursuant to (c)1 above, by the change factor in the table below, in accordance with the county 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 Water Quality, New Jersey Department of Environmental Protection, Mail Code 501-02A, PO Box 420, Trenton, New Jersey 08625-0420.

Site design features identified under Section 12-2.4.F above, or alternative designs in accordance with Section 12-2.4.G 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 Section 12-2.7.A.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 Section 12-2.8.C.1, 12-2.8.C.2, and 12-2.8..C.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 "Major Development" Stormwater Management Plan.

Major Development Stormwater Management 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 ordinance.

Submission of Major Development Stormwater Management Plans. The following information shall be required:

Applicability. Projects subject to review as in Section 12-2.1.C of this ordinance shall comply with the requirements of Section 12-2.10.B and 12-2.10.C.

General Maintenance for projects referenced above in Section 12-2.10.A.

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 who controls, whether owned, leased, or operated, a refuse container or dumpster must ensure that such container or dumpster is covered at all times except when emptying or depositing refuse and shall prevent refuse from spilling out or overflowing.

Any person who owns, leases or otherwise uses a refuse container or dumpster must ensure that such container or dumpster does not leak or otherwise discharge liquids, semi-liquids or solids to the municipal separate storm sewer system operated by the Township.

Permitted temporary demolition containers.

Litter receptacles (other than dumpsters or other bulk containers).

Individual homeowner trash and recycling containers.

Refuse containers at facilities authorized to discharge stormwater associated with industrial activity under a valid NJPDES permit.

Large bulky items (e.g., furniture, bound carpet and padding, white goods placed curbside for pickup).

Already meets the design standard below to control passage of solid and floatable materials; or

Is retrofitted or replaced to meet the standard in subsection 12-4.4 below prior to the completion of the project.

Design engineers shall use either of the following grates whenever they use a grate in pavement or another ground surface to collect stormwater from that surface into a storm drain or surface water body under that grate:

Whenever design engineers use a curb-opening inlet, the clear space in that curb opening (or each individual clear space, if the curb opening has two or more clear spaces) shall have an area of no more than seven square inches, or be no greater than two inches across the smallest dimension.

This standard does not apply:

"De-icing materials" means any granular or solid material such as melting salt or any other granular solid that assists in the melting of snow.

"Impervious surface" means a surface that has been covered with a layer of material so that it is highly resistant to infiltration by water.

"Storm drain inlet" means the point of entry into the storm sewer system.

"Permanent structure" means a permanent building or permanent structure that is anchored to a permanent foundation with an impermeable floor, and that is completely roofed and walled (new structures require a door or other means of sealing the access way from wind driven rainfall).

A fabric frame structure is a permanent structure if it meets the following specifications:

"Person" means any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.

"Resident" means a person who resides on a residential property where de-icing material is stored.

Temporary outdoor storage of de-icing materials in accordance with the requirements below is allowed between October 15th and April 15th:

De-icing materials should be stored in a permanent structure if a suitable storage structure is available. For storage of loose de-icing materials in a permanent structure, such storage may be permanent, and thus not restricted to October 15 - April 15.

A zoning permit is required in conformance with Article 7 of the Land Development Ordinance. The permit shall include a site plan showing the location of the structure and associated drainage structures downstream from the proposed structure. A detail of the structure shall be provided. The site plan shall demonstrate conformance with this Article.

The property owner, or owner of the de-icing materials, if different, shall designate a person(s) responsible for operations at the site where these materials are stored outdoors, and who shall document that weekly inspections are conducted to ensure that the conditions of this ordinance are met. Inspection records shall be kept on site and made available to the municipality upon request.