Newark, NJ Zoning Ordinance

§ 41:17-1 SCOPE AND PURPOSE.

[Added 9-5-2024 by Ord. No. 6PSF-E, 09-05-2024]

§ 41:17-1-1 Policy Statement.

[Added 9-5-2024 by Ord. No. 6PSF-E, 09-05-2024]

As parcels in the City of Newark are developed and redeveloped, impervious surfaces create increased amounts and rates of stormwater runoff during precipitation events. This runoff picks up pollution that collects on parking lots, roadways, rooftops, and other paved or hardened surfaces, and then flows through stormwater conveyances to our streams and rivers. To reduce these impacts, post-development hydrology should maintain or reproduce the natural hydrologic cycle for the area of development. Stormwater runoff should be treated near the source with distributed and small scale (limited drainage area) green infrastructure management practices.

This Chapter sets forth the minimum design and performance standards for groundwater recharge, stormwater runoff quantity, and stormwater runoff quality to be met through the use of stormwater management measures, including green infrastructure best management practices (GI BMPs) and non-structural 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.

Green infrastructure practices not only address stormwater runoff but may also result in multiple benefits, including providing open space and beautifying neighborhoods, cooling and cleansing the air, reducing asthma and heat-related illnesses, and saving on heating and cooling energy costs.

Source control plans should be developed based upon physical site conditions and the origin, nature, and the anticipated quantity or variety of potential pollutants. Multiple stormwater management best management practices (BMPs) may be necessary to achieve the established performance standards for water quality, quantity, and groundwater recharge.

§ 41:17-1-2 Purpose.

[Added 9-5-2024 by Ord. No. 6PSF-E, 09-05-2024]

It is the purpose of this Chapter to establish minimum stormwater management requirements and controls for "major development" and "minor development" as defined in Section 41:15-7-2, and to set penalties for failure to comply with the requirements.

§ 41:17-1-3 Applicability.

[Added 9-5-2024 by Ord. No. 6PSF-E, 09-05-2024]

This Chapter shall be applicable to all site plans and subdivisions.

This Chapter shall also be applicable to all major developments, as defined herein, undertaken by the City of Newark.

This Chapter shall also be applicable to all minor developments, as defined herein, undertaken by the City of Newark.

Where Development that adds, replaces, or disturbs, alone or in combination, 1,000 or more square feet of Impervious Surface results in an alteration to more than 50% of regulated Impervious Surface and/or Regulated Motor Vehicle Surface of a previously existing Development, the entire existing Development shall meet the requirements of this article.

This Chapter shall also be applicable to all major developments, as defined herein, undertaken by any government, government agency, special district, school district, Federal government or subdivision thereof, State government or subdivision thereof, County government or subdivision thereof and/or Special Bi-State Agencies.

§ 41:17-1-4 Compatibility with Other Permit and Ordinance Requirements.

[Added 9-5-2024 by Ord. No. 6PSF-E, 09-05-2024]

Development approvals issued for subdivisions and site plans pursuant to this Chapter are to be considered an integral part of development approvals under the subdivision and site plan review process and do not relieve the applicant of the responsibility to secure required permits or approvals for activities regulated by any other applicable code, rule, act, or ordinance. In their interpretation and application, the provisions of this Chapter shall be held to be the minimum requirements for the promotion of the public health, safety, and general welfare. This Chapter is not intended to interfere with, abrogate, or annul any other ordinance, rule or regulation, statute, or other provision of law except that, where any provision of this Chapter imposes restrictions different from those imposed by any other ordinance, rule or regulation, or other provision of law, the more restrictive provisions or higher standards shall control.

§ 41:17-2 DEFINITIONS APPLICABLE SPECIFICALLY TO CHAPTER 17, STORM DRAINAGE.

[Added 9-5-2024 by Ord. No. 6PSF-E, 09-05-2024]

Unless specifically defined below, words or phrases used in this Chapter shall be interpreted so as to give them the meaning they have in common usage and to give this Chapter its most reasonable application. The definitions below are the same as, or are based on, the corresponding definitions in N.J.A.C. 7:8-1.2 (Stormwater Management Rules). When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directive.

BOARD

Shall mean, where applicable, the Newark Central Planning Board or the Newark Zoning Board of Adjustment.

COMMUNITY BASIN

Shall mean, an infiltration basin, sand filter designed to infiltrate, standard constructed wetland, or wet pond, established in accordance with N.J.A.C. 7:8-4.2(c)14, that is designed and constructed in accordance with the New Jersey Stormwater Best Management Practices Manual, or an alternate design, approved in accordance with N.J.A.C. 7:8-5.2(g), for an infiltration basin, sand filter designed to infiltrate, standard constructed wetland, or wet pond and that complies with the requirements of this Chapter.

COMPACTION

Shall mean the increase in soil bulk density, due to construction, development or other causes.

CONTRIBUTORY DRAINAGE AREA

Shall mean, the area from which stormwater runoff drains to a stormwater management measure, not including the area of the stormwater management measure itself.

CORE

Shall mean a pedestrian-oriented area of commercial and civic uses serving the surrounding municipality, generally including housing and access to public transportation.

COUNTY REVIEW AGENCY

Shall mean an agency designated by the County Board of Chosen Freeholders to review municipal stormwater management plans and implementing ordinance(s). The County Review Agency may either be a County Planning Agency or a County water resource association created under N.J.S.A. 58:16A-55.5, if the ordinance or resolution delegates authority to approve, conditionally approve, or disapprove municipal stormwater management plans and implementing ordinance.

DEPARTMENT

Shall mean the New Jersey Department of Environmental Protection (NJDEP).

DESIGN ENGINEER

Shall mean a person professionally qualified and duly licensed in New Jersey to perform engineering or architecture services that may include, but not necessarily be limited to, development of project requirements, creation and development of project design and preparation of drawings and specifications.

DESIGNATED CENTER

Shall mean a State Development and Redevelopment Plan Center as designated by the State Planning Commission such as urban, regional, town, village, or hamlet.

DEVELOPMENT

Shall mean the division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or structure, any mining excavation or landfill, and any use or change in the use of any building or other structure, or land or extension of use of land, by any person, for which permission is required under the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., including development by government agencies to which this Chapter applies.

DISTURBANCE

Shall mean the placement or reconstruction of impervious surface or motor vehicle surface, or exposure and/or movement of soil or bedrock, or clearing, cutting, or removing of vegetation. Milling and repaving is not considered disturbance for the purposes of this definition.

DRAINAGE AREA

Shall mean a geographic area within which stormwater runoff, sediments, or dissolved materials drain to a particular receiving waterbody or to a particular point along a receiving waterbody.

EMPOWERMENT NEIGHBORHOOD

Shall mean a neighborhood designated by the Urban Coordinating Council "in consultation and conjunction with" the New Jersey Redevelopment Authority pursuant to N.J.S.A. 55:19-69.

ENVIRONMENTALLY CRITICAL AREAS

Shall mean an area or feature which is of significant environmental value, including but not limited to: stream corridors; natural heritage priority sites; habitat of endangered or threatened species; large areas of contiguous open space or upland forest; steep slopes; and well head protection and groundwater recharge areas. Habitats of endangered or threatened species are identified using the NJDEP's Landscape Project as approved by the NJDEP's Endangered and Nongame Species Program.

EROSION

Shall mean the detachment and movement of soil or rock fragments by water, wind, ice or gravity.

GREEN INFRASTRUCTURE

Shall mean a stormwater management measure that manages stormwater close to its source by:

Treating stormwater runoff through infiltration into subsoil;

Treating stormwater runoff through filtration by vegetation or soil; or

Storing stormwater runoff for reuse.

HUC 14 or HYDROLOGIC UNIT CODE 14

Shall mean an area within which water drains to a particular receiving surface water body, also known as a sub-watershed, which is identified by a 14-digit hydrologic unit boundary designation, delineated within New Jersey by the United States Geological Survey.

IMPERVIOUS SURFACE

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

INFILTRATION

Shall mean the process by which water seeps into the soil from precipitation.

MAJOR DEVELOPMENT

Shall mean any "development" that provides disturbance as per criteria defined here. For the purpose of this rule is the placement of impervious surface or exposure and/or movement of soil or bedrock or clearing, cutting, or removing of vegetation.

The disturbance of 10,000 square feet or more of land since February 2, 2004;

The creation of 5,000 square feet or more of "regulated impervious surface" since February 2, 2004;

The creation of 5,000 square feet or more of "regulated motor vehicle surface" since March 2, 2021; or

A combination of paragraphs 2 and 3 above that totals an area of 5,000 square feet or more. The same surface shall not be counted twice when determining if the combination area equals 5,000 square feet or more.

Major development includes all developments that are part of a common plan of development or sale (for example, phased residential development) that collectively or individually meet any one or more of paragraphs 1, 2, 3, or 4 above. Projects undertaken by any government agency that otherwise meet the definition of "major development" but which do not require approval under the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., are also considered "major development."

MINOR DEVELOPMENT

Shall mean any "development" that requires site plan or subdivision approval or any development that results in an increase in impervious surface of 250 square feet or more, but does not meet the definition of Major Development.

Projects undertaken by any government agency that otherwise meet the definition of "minor development" but which do not require approval under the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., are also considered "minor development."

MOTOR VEHICLE

Shall mean land vehicles propelled other than by muscular power, such as automobiles, motorcycles, autocycles, and low speed vehicles. For the purposes of this definition, motor vehicle does not include farm equipment, snowmobiles, all-terrain vehicles, motorized wheelchairs, go-carts, gas buggies, golf carts, ski-slope grooming machines, or vehicles that run only on rails or tracks.

MOTOR VEHICLE SURFACE

Shall mean any pervious or impervious surface that is intended to be used by "motor vehicles" and/or aircraft, and is directly exposed to precipitation including, but not limited to, driveways, parking areas, parking garages, roads, racetracks, and runways.

MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)

Shall mean a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains) that is owned or operated by the City of Newark, New Jersey or other public body, and is designed and used for collecting and conveying stormwater. MS4s do not include combined sewer systems, which are sewer systems that are designed to carry sanitary sewage at all times and to collect and transport stormwater from streets and other sources.

MUNICIPALITY

Shall mean the City of Newark, New Jersey.

NEW JERSEY STORMWATER BEST MANAGEMENT PRACTICES (BMP) MANUAL OR BMP MANUAL

Shall mean the manual maintained by the Department providing, in part, design specifications, removal rates, calculation methods, and soil testing procedures approved by the Department as being capable of contributing to the achievement of the stormwater management standards specified in this Chapter. The manual is periodically amended by the Department as necessary to provide design specifications on additional best management practices and new information on already included practices reflecting the best available current information regarding the particular practice and the Department's determination as to the ability of that best management practice to contribute to compliance with the standards contained in this Chapter. Alternative stormwater management measures, removal rates, or calculation methods may be utilized, subject to any limitations specified in this Chapter, provided the design engineer demonstrates to the review agency, in accordance with N.J.A.C. 7:8-5.2(f), that the proposed measure and its design will contribute to achievement of the design and performance standards established by this Chapter.

NJDEP

Shall mean the New Jersey Department of Environmental Protection.

NODE

Shall mean an area designated by the State Planning Commission concentrating facilities and activities which are not organized in a compact form.

NUTRIENT

Shall mean a chemical element or compound, such as nitrogen or phosphorus, which is essential to and promotes the development of organisms.

PERSON

Shall mean any individual, corporation, company, partnership, firm, association, or political subdivision of this State, and in particular the City of Newark, New Jersey, its Planning Board, Board of Adjustment, or Council when acting pursuant to the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.

POLLUTANT

Shall mean any dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, refuse, oil, grease, sewage sludge, munitions, chemical wastes, biological materials, medical wastes, radioactive substance (except those regulated under the Atomic Energy Act of 1954, as amended (42 U.S.C. 2011 et seq.)), thermal waste, wrecked or discarded equipment, rock, sand, cellar dirt, industrial, municipal, agricultural, and construction waste or runoff, or other residue discharged directly or indirectly to the land, groundwaters or surface waters of the State, or to a domestic treatment works. "Pollutant" includes both hazardous and nonhazardous pollutants.

PRE-DEVELOPMENT

Shall mean never developed, with infiltration characteristics assumed equivalent to a wooded land use with good hydrologic condition.

RECHARGE

Shall mean the amount of water from precipitation that infiltrates into the ground and is not evapotranspired.

REGULATED IMPERVIOUS SURFACE

Shall mean any of the following, alone or in combination:

A net increase of impervious surface;

The total area of impervious surface generating runoff which is collected by a new stormwater conveyance system (for the purpose of this definition, a "new stormwater conveyance system" is a stormwater conveyance system that is constructed where one did not exist immediately prior to its construction or an existing system for which a new discharge location is created);

The total area of impervious surface generating runoff which is proposed to be newly collected by an existing stormwater conveyance system; and/or

The total area of impervious surface generating runoff which is collected by an existing stormwater conveyance system where the capacity of that conveyance system is increased.

REGULATED MOTOR VEHICLE SURFACE

Shall mean any of the following, alone or in combination:

A net increase in motor vehicle surface; and/or

The total area of motor vehicle surface that is currently receiving water quality treatment either by vegetation or soil, by an existing stormwater management measure, or by treatment at a wastewater treatment plant, where the water quality treatment will be modified or removed.

REVIEWING AGENCY

Shall mean the Newark Department of Water and Sewer and/or Department of Engineering.

SEDIMENT

Shall mean solid material, mineral or organic, that is in suspension, is being transported, or has been moved from its site of origin by air, water or gravity as a product of erosion.

SEWER, COMBINED

Shall mean a sewer system that takes sanitary waste and Stormwater runoff in the same system.

SEWER, SANITARY

Shall mean a sewer system that takes only sanitary waste.

SEWER, STORMWATER

Shall mean a sewer system that takes only Stormwater runoff.

SITE

Shall mean the lot or lots upon which a major development is to occur or has occurred.

SOIL

Shall mean all unconsolidated mineral and organic material of any origin.

SOURCE CONTROL MEASURE

Shall mean any Stormwater management practice designed to reduce and/or slow the flow of Stormwater into a Combined Sewer System or Separate Sewer System, including, and not limited to, LID or BMP.

SOURCE MATERIAL

Shall mean any material(s) or machinery, located at an industrial facility, that is directly or indirectly related to process, manufacturing or other industrial activities, which could be a source of pollutants in any industrial Stormwater discharge to groundwater. Source Material(s) include, but are not limited to, raw materials; intermediate products; final products; waste materials; by-products; industrial machinery and fuels, and lubricants, solvents, and detergents that are related to process, manufacturing, or other industrial activities that are exposed to Stormwater.

STATE DEVELOPMENT AND REDEVELOPMENT PLAN METROPOLITAN PLANNING AREA (PA1)

Shall mean an area delineated on the State Plan Policy Map and adopted by the State Planning Commission that is intended to be the focus for much of the State's future redevelopment and revitalization efforts. Newark, New Jersey is a designated center located in PA1.

STATE PLAN POLICY MAP

Shall mean the geographic application of the State Development and Redevelopment Plan's goals and Statewide policies, and the official map of these goals and policies.

STORM DRAIN INLET

Shall mean an opening in a storm drain used to collect stormwater runoff and includes, but is not limited to, a grate inlet, curb-opening inlet, slotted inlet, and combination inlet.

STORMWATER

Shall mean water resulting from precipitation (including rain and snow) that runs off the land's surface, is transmitted to the subsurface, or is captured by separate storm sewers or other sewage or drainage facilities, or conveyed by snow removal equipment.

STORMWATER MANAGEMENT BASIN

Shall mean an excavation or embankment and related areas designed to retain stormwater runoff. A stormwater management basin may either be normally dry (that is, a detention basin or infiltration basin), retain water in a permanent pool (a retention basin), or be planted mainly with wetland vegetation (most constructed stormwater wetlands).

STORMWATER MANAGEMENT BMP

Shall mean an excavation or embankment and related areas designed to retain stormwater runoff. A stormwater management BMP may either be normally dry (that is, a detention basin or infiltration basin), retain water in a permanent pool (a retention basin), or be planted mainly with wetland vegetation (most constructed stormwater wetlands).

STORMWATER MANAGEMENT MEASURE

Shall mean any structural or nonstructural strategy, practice, technology, process, program, or other method intended to control or reduce stormwater runoff and associated pollutants, or to induce or control the infiltration or groundwater recharge of stormwater or to eliminate illicit or illegal non-stormwater discharges into stormwater conveyances.

STORMWATER MANAGEMENT PLAN

Shall mean a municipal plan with all the required elements outlined in New Jersey's Stormwater Management Rules at N.J.A.C. 7:8-4.2 (most current adaptation), developed to enable the city to effectively manage the impact of Stormwater on the receiving waters of the region from new and existing development.

STORMWATER MITIGATION PLAN

Shall consist of potential mitigation projects and/or criteria for the city to use to evaluate mitigation projects. A stormwater mitigation plan is prerequisite to the granting of a stormwater variance or exemption, which may be granted as long as the mitigation project is located within the same drainage area as the major development subject to the variance, and provided the mitigation project compensates for the performance standard for which the variance or exemption is granted.

STORMWATER RUNOFF

Shall mean water flow on the surface of the ground or in storm sewers, resulting from precipitation.

TIDAL FLOOD HAZARD AREA

Shall mean a flood hazard area in which the flood elevation resulting from the two-, ten-, or 100-year storm, as applicable, is governed by tidal flooding from the Atlantic Ocean. Flooding in a tidal flood hazard area may be contributed to, or influenced by, stormwater runoff from inland areas, but the depth of flooding generated by the tidal rise and fall of the Atlantic Ocean is greater than flooding from any fluvial sources. In some situations, depending upon the extent of the storm surge from a particular storm event, a flood hazard area may be tidal in the 100-year storm, but fluvial in more frequent storm events.

UNIMPROVED

Shall mean land that has a preconstruction condition with good hydrologic condition.

URBAN COORDINATING COUNCIL EMPOWERMENT NEIGHBORHOOD

Shall mean a neighborhood given priority access to State resources through the New Jersey Redevelopment Authority.

URBAN ENTERPRISE ZONE

Shall mean a zone designated by the New Jersey Enterprise Zone Authority pursuant to the New Jersey Urban Enterprise Zones Act, N.J.S.A. 52:27H-60 et seq.

URBAN REDEVELOPMENT AREA

Is defined as previously developed portions of areas:

Delineated on the State Plan Policy Map (SPPM) as the Metropolitan Planning Area (PA1), Designated Centers, Cores or Nodes (Newark, New Jersey is a Designated Center and is entirely in PA1);

Designated as CAFRA Centers, Cores or Nodes;

Designated as Urban Enterprise Zones; and

Designated as Urban Coordinating Council Empowerment Neighborhoods;

Designated as a State Development and Redevelopment Plan Metropolitan Planning Area (PA1).

WATER CONTROL STRUCTURE

Shall mean a structure within, or adjacent to, a water, which intentionally or coincidentally alters the hydraulic capacity, the flood elevation resulting from the two-, ten-, or 100-year storm, flood hazard area limit, and/or floodway limit of the water. Examples of a water control structure may include a bridge, culvert, dam, embankment, ford (if above grade), retaining wall, and weir.

WATERS OF THE STATE

Shall mean the ocean and its estuaries, all springs, streams, wetlands, and bodies of surface or groundwater, whether natural or artificial, within the boundaries of the State of New Jersey or subject to its jurisdiction.

WETLANDS OR WETLAND

Shall mean an area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as hydrophytic vegetation.

§ 41:17-3 GENERAL STANDARDS.

[Added 9-5-2024 by Ord. No. 6PSF-E, 09-05-2024]

§ 41:17-3-1 Design and Performance Standards for Stormwater Management Measures.

[Added 9-5-2024 by Ord. No. 6PSF-E, 09-05-2024]

Stormwater management measures for development shall be developed to meet the erosion control, groundwater recharge, stormwater runoff quantity, and stormwater runoff quality standards in Section 41:17-4 of this Chapter. To the maximum extent practicable, these standards shall be met by incorporating nonstructural stormwater management strategies into the design. If these strategies alone are not sufficient to meet these standards, structural stormwater management measures necessary to meet these standards shall be incorporated into the design.

The standards in this Chapter are intended to minimize the impact of stormwater runoff on water quality and water quantity in receiving water bodies and maintain groundwater recharge.

No land area shall be developed by any applicant such that:

The volume and rate of stormwater runoff occurring from the property is increased over the volume and rate, which occurs under existing predevelopment conditions or preconstruction.

The drainage of the adjacent properties is adversely affected.

The existing drainage pattern of ditches, channels, and streams is not altered, nor their carrying capacities exceeded.

Stormwater runoff from impervious areas, such as parking lots, driveways or loading zones, flows over or across sidewalks, or out of driveways, beyond site boundaries.

§ 41:17-4 STORMWATER MANAGEMENT REQUIREMENTS FOR DEVELOPMENTS.

[Added 9-5-2024 by Ord. No. 6PSF-E, 09-05-2024]

§ 41:17-4-1 Maintenance Plan.

[Added 9-5-2024 by Ord. No. 6PSF-E, 09-05-2024]

The development shall incorporate a maintenance plan for the stormwater management measures incorporated into the design of a major development in accordance with Section 41:17-10 of this Chapter.

§ 41:17-4-2 Adverse Impacts.

[Added 9-5-2024 by Ord. No. 6PSF-E, 09-05-2024]

Stormwater management measures shall avoid adverse impacts of concentrated flow on the storm or combined sewer system or habitat for threatened and endangered species as documented pursuant to the NJDEP's Landscape Project or Natural Heritage Database established under N.J.S.A. 13:1B15.147 through 15.150. Groundwater recharge can be used in tandem but shall not be used in place of water quantity reduction.

§ 41:17-4-3 Exempt Projects.

[Added 9-5-2024 by Ord. No. 6PSF-E, 09-05-2024]

The following linear development projects are exempt from the groundwater recharge, stormwater runoff quantity, and stormwater runoff quality requirements of Sections 41:17-4-6 and 41:17 4-7:

The construction of an underground utility line provided that the disturbed areas are revegetated with native plant species upon completion;

The construction of an aboveground utility line provided that the existing conditions are maintained to the maximum extent practicable; and

The construction of a public pedestrian access, such as a sidewalk or trail with a maximum width of 14 feet, provided that the access is made of permeable material.

§ 41:17-4-4 Waiver.

[Added 9-5-2024 by Ord. No. 6PSF-E, 09-05-2024]

A waiver from strict compliance from the green infrastructure, groundwater recharge, volume retention, stormwater runoff quantity, and stormwater runoff quality requirements of N.J.A.C. 7:8-5.3, 5.4, 5.5, and 5.6 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:

The applicant demonstrates that there is a public need for the project that cannot be accomplished by any other means;

The applicant demonstrates through an alternatives analysis, that through the use of stormwater management measures, the option selected complies with the requirements of N.J.A.C. 7:8-5.3, 5.4, 5.5, and 5.6 to the maximum extent practicable;

The applicant demonstrates that, in order to meet the requirements of N.J.A.C. 7:8-5.3, 5.4, 5.5, and 5.6, existing structures currently in use, such as homes and buildings, would need to be condemned; and

The applicant demonstrates that it does not own or have other rights to areas, including the potential to obtain through condemnation lands not falling under subsection 41:17-4-4, paragraph c above within the upstream drainage area of the receiving stream, that would provide additional opportunities to mitigate the requirements of N.J.A.C. 7:8-5.3, 5.4, 5.5, and 5.6 that were not achievable on-site.

§ 41:17-4-5 Nonstructural Stormwater Management Strategies.

[Added 9-5-2024 by Ord. No. 6PSF-E, 09-05-2024]

To the maximum extent practicable, the standards in subsections 41:17-4-6 and 41:17-4-7 shall be met by incorporating nonstructural stormwater management strategies set forth in this Section into the design. The applicant shall identify the nonstructural measures incorporated into the design of the project. If the applicant contends that it is not feasible for engineering, environmental, or safety reasons to incorporate any nonstructural stormwater management measures identified in subsection 41:17-4-5, paragraph 2 below into the design of a particular project, the applicant shall identify the strategy considered and provide a basis for the contention of infeasibility for each practice that is not used. The applicant bears the burden of proving infeasibility. The requirements of this section apply notwithstanding any provisions of any other local law that allows for site designs that conflict with such requirements, including but not limited to other local laws authorizing disturbance of a certain percentage of a development site.

Nonstructural stormwater management strategies incorporated into site design shall:

Protect areas that provide water quality benefits or areas particularly susceptible to erosion and sediment loss;

Minimize impervious surfaces and break up or disconnect the flow of runoff over impervious surfaces; and utilize velocity reduction strategies.

Maximize the protection of natural drainage features and vegetation;

Minimize the decrease in the "time of concentration" from pre-construction to post-construction. "Time of concentration" is defined as the time it takes for runoff to travel from the hydraulically most distant point of the drainage area to the point of interest within a watershed;

Minimize land disturbance including clearing and grading;

Minimize soil compaction;

Provide low-maintenance landscaping that encourages retention and planting of native vegetation and minimizes the use of lawns, fertilizers and pesticides;

Provide vegetated open-channel conveyance systems discharging into and through stable vegetated areas; provided that the approving board deems this arrangement to be safe for the public and that all safety regulations in Section 41:17-8 of this Chapter are met.

Provide other source controls to prevent or minimize the use or exposure of pollutants at the site, in order to prevent or minimize the release of those pollutants into stormwater runoff. Such source controls include, but are not limited to:

Site design features that help to prevent accumulation of trash and debris in drainage systems, including features that satisfy subsection 41:17-4-5, paragraph 3 below;

ii.

Site design features that help to prevent discharge of trash and debris from drainage systems;

iii.

Site design features that help to prevent and/or contain spills or other harmful accumulations of pollutants at industrial or commercial developments; and

iv.

When establishing vegetation after land disturbance, applying fertilizer in accordance with the requirements established under the Soil Erosion and Sediment Control Act, N.J.S.A. 4:24-39 et seq., and implementing rules.

Site design features identified under subsection 41:17-4-5, paragraphs 2i,i and 2i,ii above shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets. For purposes of this paragraph, "solid and floatable materials" means sediment, debris, trash, and other floating, suspended, or settleable solids. For exemptions to this standard see subsection 41:17-4-5, paragraphs 3cii and 3ciii below.

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:

The New Jersey Department of Transportation (NJDOT) bicycle safe grate, which is described in Chapter 2.4 of the NJDOT Bicycle Compatible Roadways and Bikeways Planning and Design Guidelines (April 1996); or

ii.

A different grate, if each individual clear space in that grate has an area of no more than seven square inches, or is no greater than 0.5 inches across the smallest dimension. Examples of grates subject to this standard include grates in grate inlets, the grate portion (non-curb-opening portion) of combination inlets, grates on storm sewer manholes, ditch grates, trench grates, and grates of spacer bars in slotted drains. Examples of ground surfaces include surfaces of roads (including bridges), driveways, parking areas, bikeways, plazas, sidewalks, lawns, fields, open channels, and stormwater basin floors.

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:

Where the review agency determines that this standard would cause inadequate hydraulic performance that could not practicably be overcome by using additional or larger storm drain inlets that meet these standards;

ii.

Where flows from the water quality design storm as specified in subsection 41:17-4-7, paragraph 1 are conveyed through any device (e.g., end of pipe netting facility, manufactured treatment device, or a catch basin hood) that is designed, at a minimum, to prevent delivery of all solid and floatable materials that could not pass through one of the following:

(1)

A rectangular space 4 5/8 inches long and 1.5 inches wide (this option does not apply for outfall netting facilities); or

(2)

A bar screen having a bar spacing of 0.5 inch.

iii.

Where flows are conveyed through a trash rack that has parallel bars with one inch spacing between the bars, to the elevation of the water quality design storm as specified in subsection 41:17-4-7, paragraph 1; or

iv.

Where the New Jersey Department of Environmental Protection determines, pursuant to the New Jersey Register of Historic Places Rules at N.J.A.C. 7:4-7.2(c), that action to meet this standard is an undertaking that constitutes an encroachment or will damage or destroy the New Jersey Register listed historic property.

Any land area used as a nonstructural stormwater management measure to meet the performance standards in N.J.A.C. 7:8-5.3, 5.4, 5.5, and 5.6 shall be dedicated to a government agency, subjected to a conservation restriction filed with the appropriate County Clerk's office, or subject to an approved equivalent restriction that ensures that measure or an equivalent stormwater management measure approved by the reviewing agency is maintained in perpetuity.

Guidance for nonstructural stormwater management strategies is available in the New Jersey Stormwater Best Management Practices Manual. The BMP Manual may be obtained from the address identified in Section 41:17-7 Sources for Technical Guidance, or found on the Department's website at www.njstormwater.org.

§ 41:17-4-6 Erosion Control, Groundwater Recharge and Runoff Quantity Standards.

[Added 9-5-2024 by Ord. No. 6PSF-E, 09-05-2024]

This section contains minimum design and performance standards to control erosion, encourage and control infiltration and groundwater recharge, and control stormwater runoff quantity impacts of major development.

The minimum design and performance standards for erosion control are those established under the Soil Erosion and Sediment Control Act, N.J.S.A. 4:24-39 et seq., as well as Title XXVIII of the Municipal Code, Soil Erosion and Sediment Control, and implementing rules.

The minimum design and performance standards for groundwater recharge are as follows:

The design engineer shall, using the assumptions and factors for stormwater runoff and groundwater recharge calculations in Section 41:17-5 Calculation of Stormwater Runoff and Groundwater Recharge for Major Development, use the demonstration approach below that results in a greater recharge volume performance standard:

(1)

Demonstrate through hydrologic and hydraulic analysis that the site and its stormwater management measures maintain 100% of the average annual pre-construction groundwater recharge volume for the site; or

(2)

Demonstrate through hydrologic and hydraulic analysis that the increase of stormwater runoff volume from pre-construction to post-construction for the two-year storm is infiltrated.

ii.

The following types of stormwater shall not be recharged:

(1)

Stormwater from areas of high pollutant loading. High pollutant loading areas are areas in industrial and commercial developments where solvents and/or petroleum products are loaded/unloaded, stored, or applied, areas where pesticides are loaded/unloaded or stored; areas where hazardous materials are expected to be present in greater than "reportable quantities" as defined by the United States Environmental Protection Agency (EPA) at 40 CFR 302.3 and listed in 40 CFR 302.4; areas where recharge would be inconsistent with NJDEP approved remedial action work plan or landfill closure plan and areas with high risks for spills of toxic materials, such as gas stations and vehicle maintenance facilities; and

(2)

Industrial stormwater exposed to "source material." "Source material" means any material(s) or machinery, located at an industrial facility, that is directly or indirectly related to process, manufacturing or other industrial activities, which could be a source of pollutants in any industrial stormwater discharge to groundwater. Source materials include, but are not limited to, raw materials; intermediate products; final products; waste materials; by-products; industrial machinery and fuels, and lubricants, solvents, and detergents that are related to process, manufacturing, or other industrial activities that are exposed to stormwater.

iii.

If stormwater recharge is desired and allowed, the following applies. The design engineer shall, using the assumptions and factors for stormwater runoff and groundwater recharge calculations at Section 41:17-5, either:

(1)

(2)

Demonstrate through hydrologic and hydraulic analysis that the increase of stormwater runoff volume from pre-construction to post-construction for the two-year storm is infiltrated.

iv.

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 superficial ponding, flooding of basements, or interference with the proper operation of subsurface sewage disposal systems and other subsurface structures in the vicinity or down gradient of the groundwater recharge area.

For major developments, in order to control stormwater runoff quantity impacts, the design engineer shall, using the assumptions and factors for stormwater runoff calculations at Section 41:17-5, complete one of the following:

Demonstrate through hydrologic and hydraulic analysis that for stormwater leaving the site, post-construction runoff hydrographs for the two-, ten-, and 100-year storm events do not exceed, at any point in time, the preconstruction runoff hydrographs for the same storm events;

ii.

Demonstrate through hydrologic and hydraulic analysis that there is no increase, as compared to the pre-construction condition, in the peak runoff rates of stormwater leaving the site for the two-, ten-, and 100-year storm events and that the increased volume or change in timing of stormwater runoff will not increase flood damage at or downstream of the site. This analysis shall include the analysis of impacts of future phases of the development project.

iii.

Design of Stormwater Storage Facilities.

(1)

A minimum acceptable outlet pipe from all storage facilities shall be eight inches internal diameter, and be of material and class as approved by Title VII, the State Uniform Construction Code as adopted by the City.

(2)

In the case of detention facilities utilizing porous media for ground absorption, such as dry-wells, porous pavement, or the like, the volume of porous media shall be large enough to contain the total volume of rainfall excess, as required under subsection 41:17-3-1 of this Chapter, within the voids. Ground absorption systems shall be used only where the infiltration rate of the receiving soil is acceptable as determined by percolation tests and performed under the guidelines and standards of N.J.A.C. 7:9A et seq. (Environmental Protection), and soil borings, or as determined by the Director of Engineering and Director of Department of Water and Sewer. The applicant must demonstrate to the Director of Engineering and Director of Department of Water and Sewer, that the soil contains no contaminants that could leave the site by use of a detention facility where ground absorption occurs. Provisions shall be made to contain overflow of such systems on site or to surface drain the overflow in such a way as not to adversely affect any other property.

(3)

If detention facilities utilizing surface impoundment, such as detention basins or rooftop storage, are used, sufficient volume to fully contain the total volume of rainfall excess shall be provided. The outlets of such facilities shall be designed to limit the maximum discharge rate of stormwater runoff to what occurs at the site under existing conditions and shall discharge in such a way as not to adversely affect any other property. If rooftop storage is proposed, the weight of the impounded water on the roof shall be accounted for in the structural design of the building and the roof shall be designed to provide maximum protection against leakage.

(4)

If a combination of different stormwater detention techniques is used, the combined volume of the systems shall be large enough to fully contain the total volume of rainfall excess.

(5)

Stormwater detention facilities shall be maintained regularly by the owner to insure continual functioning of the systems at design capacity and to prevent the health hazards associated with debris buildup and stagnant water. In no case shall water be allowed to remain in any facility long enough to constitute a mosquito breeding, disease or any other type of health problem.

(6)

Stormwater conduits shall be designed with full flow velocities ranging from a minimum of 2.5 feet per second to a maximum of 10 feet per second.

(7)

All drainage and storage facilities shall be constructed to meet the requirements of the Director of Engineering and Director of Department of Water and Sewer.

(8)

All stormwater conduits must be connected to storm sewers or combined sewers wherever available, but in no case will stormwater conduits be connected to sanitary sewers. In the event that the municipal system is surcharged even after storage facilities are designed, the Director of Engineering and Director of Department of Water and Sewer shall direct the point of connection to the system or require such changes as are necessitated.

For Non-major Developments:

In order to accomplish the above objectives, the design of storm water drainage and storm water storage facilities may include (unless prohibited by subsection 41:17-4-6 paragraph 1biii), roof-top storage, oversized sewers with restricted outlet pipes, underground storage tanks, French drains, or where acceptable soil and groundwater conditions exist planted swale areas, recharge basins, dry wells, porous pavement, or any other innovative techniques, or a combination of the above as approved by the Director of Engineering.

ii.

Design of Stormwater Storage Facilities.

(1)

On-tract stormwater facilities shall be designed to contain the amount of stormwater runoff, which is equal to the maximum difference in runoff between pre-development conditions and post development conditions.

(2)

Either the rational method or the soil conservation service method as outlined in the Soil Conservation Service National Engineering Handbook., Hydrology, shall be used for computing the volume and rate of runoff from existing and post development conditions.

(3)

The amount of runoff shall be compiled using a design storm with a ten-year return frequency for Essex County (See Graph on file in Office of City Clerk). The minimum initial time of concentration shall be 10 minutes.

(4)

For computation with the rational method, published runoff coefficients which reflect land use and topography shall be used. Acceptable runoff coefficients currently in practice include, but are not limited to the following:

Table 17-1 Land Use Types and Runoff Coefficients
Land Use Type	Runoff Coefficients
Business
Central Business District	0.70 to 0.95
Neighborhood areas	0.50 to 0.70
Residential
Single-family areas	0.30 to 0.50
Multi-units, detached	0.40 to 0.60
Multi-units, attached	0.60 to 0.75
Apartment dwelling areas	0.50 to 0.70
Industrial
Light areas	0.50 to 0.80
Heavy areas	0.60 to 0.90
Parks, Cemeteries	0.10 to 0.25
Playgrounds	0.20 to 0.35
Railroad yard areas	0.20 to 0.40
Unimproved areas	0.10 to 0.30
SURFACE TYPE
Streets
Asphaltic	0.70 to 0.95
Concrete	0.80 to 0.95
Brick	0.75 to 0.85
Drives and Walks	0.75 to 0.85
Roofs	0.75 to 0.85
Lawns; Sandy Soil
Flat, 2%	0.05 to 0.10
Average, 2 to 7%	0.10 to 0.15
Steep, 7%	0.15 to 0.20
Lawns; Heavy Soil
Flat, 2%	0.13 to 0.17
Average 2 to 7%	0.18 to 0.22
Steep, 7%	0.25 to 0.35

(5)

A minimum acceptable outlet pipe from all storage facilities shall be eight inches internal diameter, and be of material and class as approved by Title vii, State Uniform Construction Code, as adopted by the City.

(6)

In the case of detention facilities utilizing porous media for ground absorption, such as dry-wells, porous pavement, or the like, the volume of porous media shall be large enough to contain the total volume of rainfall excess, as required within the voids. Ground absorption systems shall be used only where the infiltration rate of the receiving soil is acceptable as determined by percolation tests and performed under the guidelines and standards of N.J.A.C. 7:9A et seq. [Environmental Protection], and soil borings, or as determined by the Director of Engineering and Director of Department of Water and Sewer. Provisions shall be made to contain overflow of such systems on site or to surface drain the overflow in such a way as not to adversely affect any other property.

(7)

(8)

If a combination of different stormwater detention techniques is used, the combined volume of the systems shall be large enough to fully contain the total volume of rainfall excess.

(9)

(10)

Stormwater conduits shall be designed with full flow velocities ranging from a minimum of 2.5 feet per second to a maximum of 10 feet per second.

(11)

All drainage and storage facilities shall be constructed to meet the requirements of the Director of Engineering and Director of Department of Water and Sewer.

(12)

iii.

In tidal flood hazard areas, stormwater runoff quantity analysis shall only be applied if the increased volume of stormwater runoff could increase flood damages below the point of discharge.

§ 41:17-4-7 Stormwater Runoff Quality Standards.

[Added 9-5-2024 by Ord. No. 6PSF-E, 09-05-2024]

This section contains the minimum design and performance standards to control stormwater runoff quality impacts of major development. Stormwater runoff quality standards are applicable when the major development results in an increase of one-quarter acre or more of regulated motor vehicle surface.

Stormwater management measures shall be designed to reduce the post-construction load of total suspended solids (TSS) in stormwater runoff generated from the water quality design storm as follows:

Eighty percent removal of the anticipated load, expressed as an annual average shall be achieved for the stormwater runoff from the net increase of motor vehicle surface.

If the surface is considered regulated motor vehicle surface because the water quality treatment for an area of motor vehicle surface that is currently receiving water quality treatment either by vegetation or soil, by an existing stormwater management measure, or by treatment at a wastewater treatment plant is to be modified or removed, the project shall maintain or increase the existing TSS removal of the anticipated load expressed as an annual average.

The requirement to reduce TSS does not apply to any stormwater runoff in a discharge regulated under a numeric effluent limitation for TSS imposed under the New Jersey Pollution Discharge Elimination System (NJPDES) rules, NJAC 7:14A, or in a discharge specifically exempt under a NJPDES permit from this requirement. Every major development, including any that discharge into a combined sewer system, shall comply with paragraph 2b above, unless the major development is itself subject to a NJPDES permit with a numeric effluent limitation for TSS or the NJPDES permit to which the major development is subject exempts the development from a numeric effluent limitation for TSS.

The water quality design storm is 1.25 inches of rainfall in two hours. Water quality calculations shall consider the distribution of rain from the water quality design storm, as reflected in Table 17-2. The calculation of the volume of runoff may consider the implementation of stormwater management measures.

Table 17-2: Water Quality Design Storm Distribution
Time (Minutes)	Cumulative Rainfall (Inches)	Time (Minutes)	Cumulative Rainfall (Inches)	Time (Minutes)	Cumulative Rainfall (Inches)
1	0.00166	41	0.1728	81	1.0906
2	0.00332	42	0.1796	82	1.0972
3	0.00498	43	0.1864	83	1.1038
4	0.00664	44	0.1932	84	1.1104
5	0.00830	45	0.2000	85	1.1170
6	0.00996	46	0.2117	86	1.1236
7	0.01162	47	0.2233	87	1.1302
8	0.01328	48	0.2350	88	1.1368
9	0.01494	49	0.2466	89	1.1434
10	0.01660	50	0.2583	90	1.1500
11	0.01828	51	0.2783	91	1.1550
12	0.01996	52	0.2983	92	1.1600
13	0.02164	53	0.3183	93	1.1650
14	0.02332	54	0.3383	94	1.1700
15	0.02500	55	0.3583	95	1.1750
16	0.03000	56	0.4116	96	1.1800
17	0.03500	57	0.4650	97	1.1850
18	0.04000	58	0.5183	98	1.1900
19	0.04500	59	0.5717	99	1.1950
20	0.05000	60	0.6250	100	1.2000
21	0.05500	61	0.6783	101	1.2050
22	0.06000	62	0.7317	102	1.2100
23	0.06500	63	0.7850	103	1.2150
24	0.07000	64	0.8384	104	1.2200
25	0.07500	65	0.8917	105	1.2250
26	0.08000	66	0.9117	106	1.2267
27	0.08500	67	0.9317	107	1.2284
28	0.09000	68	0.9517	108	1.2300
29	0.09500	69	0.9717	109	1.2317
30	0.10000	70	0.9917	110	1.2334
31	0.10660	71	1.0034	111	1.2351
32	0.11320	72	1.0150	112	1.2367
33	0.11980	73	1.0267	113	1.2384
34	0.12640	74	1.0383	114	1.2400
35	0.13300	75	1.0500	115	1.2417
36	0.13960	76	1.0568	116	1.2434
37	0.14620	77	1.0636	117	1.2450
38	0.15280	78	1.0704	118	1.2467
39	0.15940	79	1.0772	119	1.2483
40	0.16600	80	1.0840	120	1.2500

For purposes of TSS reduction calculations, Table 17-3 below presents the presumed removal rates for certain BMPs designed in accordance with the New Jersey Stormwater Best Management Practices Manual, available online at http://www.nj.gov/dep/stormwater/bmp_manual2.htm. The BMP Manual may be obtained from the address identified in Section 41:17-7 or found on the Department of Environmental Protection's Stormwater and Nonpoint Source Pollution website at www.njstormwater.org. The BMP Manual and other sources of technical guidance are listed in Section 41:17-7. TSS reduction shall be calculated based on the removal rates for the BMPs in Table 17-3 below. Alternative removal rates and methods of calculating removal rates may be used if the design engineer provides documentation demonstrating the capability of these alternative rates and methods to the review agency. A copy of any approved alternative rate or method of calculating the removal rate shall be provided to the NJDEP at the following address: Division of Watershed Management, New Jersey Department of Environmental Protection, PO Box 418, Trenton, New Jersey, 08625-0418.

If more than one BMP in series is necessary to achieve the required 80% TSS reduction for a site, the applicant shall utilize the following formula to calculate TSS reduction:

R=A+B-(AxB)/100
Where:
R	=	total TSS percent load removal from application of both BMPs, and
A	=	the TSS percent removal rate applicable to the first BMP
B	=	the TSS percent removal rate applicable to the second BMP

Table 17-3: TSS Removal Rates for BMPs
Best Management Practice	TSS Percent Removal Rate
Bioretention Systems	90
Constructed Stormwater Wetland	90
Extended Detention Basin	40-60
Infiltration Structure	80
Manufactured Treatment Device	See Section 41:17-6, paragraph 3
Sand Filter	80
Vegetative Filter Strip	60-80
Wet Pond	50-90

If there is more than one on-site drainage area, the 80% TSS removal rate shall apply to each drainage area, unless the runoff from the subareas converge on site in which case the removal rate can be demonstrated through a calculation using a weighted average.

Stormwater management measures shall also be designed to reduce, to the maximum extent feasible, the post-construction nutrient load of the anticipated load from the developed site in stormwater runoff generated from the water quality design storm. In achieving reduction of nutrients to the maximum extent feasible, the design of the site shall include green infrastructure BMPs that optimize nutrient removal while still achieving the performance standards in N.J.A.C. 7:8-5.4 and 5.6 and this section.

Additional information and examples are contained in the New Jersey Stormwater Best Management Practices Manual, which may be obtained from the address identified in Section 41:17-7 hereof.

10.

In accordance with the definition of FW1 at N.J.A.C. 7:9B-1.4, stormwater management measures shall be designed to prevent any increase in stormwater runoff to waters classified as FW1.

11.

The Flood Hazard Area Control Act Rules at N.J.A.C. 7:13-4.1(c)1 establish 300-foot riparian zones along Category One waters, as designated in the Surface Water Quality Standards at N.J.A.C. 7:9B, and certain upstream tributaries to Category One waters. A person shall not undertake a major development that is located within or discharges into a 300-foot riparian zone without prior authorization from the Department under N.J.A.C. 7:13.

12.

Pursuant to the Flood Hazard Area Control Act Rules at N.J.A.C. 7:13-11.2(j)4, runoff from the water quality design storm that is discharged within a 300-foot riparian zone shall be treated in accordance with this section to reduce the post-construction load of total suspended solids by 95% of the anticipated load from the developed site, expressed as an annual average.

13.

There are no Category One Rivers in Newark, but in the case that such a river is so designated, the following shall apply. Special water resource protection areas shall be established along all waters designated Category One at N.J.A.C. 7:9B-1.15(c) through (g), and perennial or intermittent streams that drain into or upstream of the Category One waters as shown on the USGS Quadrangle Maps or in the County Soil Surveys, within the associated HUC14 drainage area. These areas shall be established for the protection of water quality, aesthetic value, exceptional ecological significance, exceptional recreational significance, exceptional water supply significance, and exceptional fisheries significance of those established Category One waters. These areas shall be designated and protected as follows:

The applicant shall preserve and maintain a special water resource protection area in accordance with one of the following:

A 300-foot special water resource protection area shall be provided on each side of the waterway, measured perpendicular to the waterway from the top of the bank outwards or from the centerline of the waterway where the bank is not defined, consisting of existing vegetation or vegetation allowed to follow natural succession is provided.

ii.

Encroachment within the designated special water resource protection area in the paragraph above shall only be allowed where previous development or disturbance has occurred (for example, active agricultural use, parking area or maintained lawn area). The encroachment shall only be allowed where the applicant demonstrates that the functional value and overall condition of the special water resource protection area will be maintained to the maximum extent practicable. In no case shall the remaining special water resource protection area be reduced to less than 150 feet as measured perpendicular to the top of bank of the waterway or centerline of the waterway where the bank is undefined. All encroachments proposed under this subparagraph shall be subject to review and approval by the NJDEP.

All stormwater shall be discharged outside of and flow through the special water resource protection area and shall comply with the Standard for Off-Site Stability in the "Standards For Soil Erosion and Sediment Control in New Jersey," established under the Soil Erosion and Sediment Control Act, N.J.S.A. 4:24-39 et seq., as well as Title XXVIII of the Municipal Code, Soil Erosion and Sediment Control.

If stormwater, discharged outside of and flowing through the special water resource protection area, cannot comply with the Standard For Off-Site Stability in the "Standards for Soil Erosion and Sediment Control in New Jersey," established under the Soil Erosion and Sediment Control Act, N.J.S.A. 4:24-39 et seq., as well as Title XXVIII of the Municipal Code, Soil Erosion and Sediment Control, then the stabilization measures in accordance with the requirements of the above standards may be placed within the special water resource protection area, provided that:

Stabilization measures shall not be placed within 150 feet of the Category One waterway;

ii.

Stormwater associated with discharges allowed by this section shall achieve a 95% TSS post-construction removal rate;

iii.

Temperature shall be addressed to ensure no impact on the receiving waterway;

iv.

The encroachment shall only be allowed where the applicant demonstrates that the functional value and overall condition of the special water resource protection area will be maintained to the maximum extent practicable;

A conceptual project design meeting shall be held with the appropriate NJDEP staff and Soil Conservation District staff to identify necessary stabilization measures; and

vi.

All encroachments proposed under this Section shall be subject to review and approval by the NJDEP.

A stream corridor protection plan may be developed by a regional stormwater management planning committee as an element of a regional stormwater management plan, or by a municipality through an adopted municipal stormwater management plan. If a stream corridor protection plan for a waterway subject to subsection 41:17-4-7, paragraph 8 has been approved by the Department of Environmental Protection, then the provisions of the plan shall be the applicable special water resource protection area requirements for that waterway. A stream corridor protection plan for a waterway subject to subsection 41:17-4-7, paragraph 8 shall maintain or enhance the current functional value and overall condition of the special water resource protection area as defined in subsection 41:17-4-7, paragraph 8ai above. In no case shall a stream corridor protection plan allow the reduction of the Special Water Resource Protection Area to less than 150 feet as measured perpendicular to the waterway subject to this subsection.

Subsection 41:17-4-7, paragraph 8, does not apply to the construction of one individual single-family dwelling that is not part of a larger development on a lot receiving preliminary or final subdivision approval on or before February 2, 2004, provided that the construction begins on or before February 2, 2009.

§ 41:17-5 CALCULATION OF STORMWATER RUNOFF AND GROUNDWATER RECHARGE FOR MAJOR DEVELOPMENT.

[Added 9-5-2024 by Ord. No. 6PSF-E, 09-05-2024]

§ 41:17-5-1 Calculation of Runoff.

[Added 9-5-2024 by Ord. No. 6PSF-E, 09-05-2024]

Stormwater runoff shall be calculated in accordance with the following:

Design stormwater management measures so that the post-construction peak runoff rates for the two-, ten- and 100-year storm events are 50%, 75% and 80%, respectively, of the preconstruction peak runoff rates. The percentages apply only to the post-construction stormwater runoff that is attributable to the portion of the site on which the proposed development or project is to be constructed. The percentages shall not be applied to post- construction stormwater runoff into tidal flood hazard areas if the increased volume of stormwater runoff will not increase flood damages below the point of discharge.

Computation and Design Standards:

The design engineer shall calculate runoff 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. 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://www.nrcs.usda.gov/Internet/FSE_DOCUMENTS/stelprdb1044171.pdf or at United States Department of Agriculture Natural Resources Conservation Service, 220 Davison Avenue, Somerset, New Jersey 08873.

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 N.J.A.C. 7:8-5.6(a)1i.

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.

For computation with the rational method for minor developments, published runoff co-efficient which reflects land use and topography shall be used. Acceptable runoff co-efficient currently in practice includes, but are not limited to the following:

Land Use Type	Runoff Coefficients
Business
Central Business District	0.70 to 0.95
Neighborhood areas	0.50 to 0.70
Residential
Single-family areas	0.30 to 0.50
Multi-units, detached	0.40 to 0.60
Multi-units, attached	0.60 to 0.75
Apartment dwelling areas	0.50 to 0.70
Industrial
Light areas	0.50 to 0.80
Heavy areas	0.60 to 0.90
Parks, Cemeteries	0.10 to 0.25
Playgrounds	0.20 to 0.35
Railroad yard areas	0.20 to 0.40
Unimproved Areas	0.10 to 0.30
SURFACE TYPE
Streets
Asphaltic	0.70 to 0.95
Concrete	0.80 to 0.95
Brick	0.75 to 0.85
Drives and Walks	0.75 to 0.85
Roofs	0.75 to 0.85
Lawns; Sandy Soil
Flat, 2%	0.05 to 0.10
Average, 2 to 7%	0.10 to 0.15
Steep, 7%	0.15 to 0.20
Lawns; Heavy Soil
Flat, 2%	0.13 to 0.17
Average 2 to 7%	0.18 to 0.22
Steep, 7%	0.25 to 0.35

The Rational Method for peak flow and the Modified Rational Method for hydrograph computations. The rational and modified rational methods are described in "Appendix A-9 Modified Rational Method" in the Standards for Soil Erosion and Sediment Control in New Jersey, as amended and supplemented. The document is available at

http://www.nj.gov/agriculture/divisions/anr/pdf/2014NJSoilErosionControlStandar dsComplete.pdf.

For the purpose of calculating runoff coefficients and groundwater recharge, there is a presumption that the pre-development condition of a site or portion thereof is a wooded land use with good hydrologic condition. The term "runoff coefficient" applies to both the NRCS methodology at N.J.A.C. 7:8-5.6(a)1i and the Rational and Modified Rational Methods at N.J.A.C. 7:8-5.6(a)1i. A runoff coefficient 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-development 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-development 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 and 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, Flood Hazard Control Area Act Rules, the design engineer shall consider the effects of tailwater in the design of structural stormwater management measures.

§ 41:17-5-2 Groundwater Recharge Calculation.

[Added 9-5-2024 by Ord. No. 6PSF-E, 09-05-2024]

Groundwater recharge may be calculated in accordance with the following:

The New Jersey Geological Survey Report GSR32 A Method for Evaluating Ground-Water 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 and Water Survey website at http://www.state.nj.us/dep/njgs/; or at New Jersey Geological Survey, 29 Arctic Parkway, P.O. Box 420 Mail Code 29-01, Trenton, NJ 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 (c)1 and 2 from N.J.A.C. 7:8-5.7 below. This section shall be utilized for Current and Future Precipitation Adjustments.

The applicant, if providing, any ground water infiltration shall provide soil permeability test results. The bottom of the infiltration facility shall be, at minimum, two feet above the maximum seasonal ground water table. At the Department request, a mounding analysis may be required.

The applicant shall utilize the National Oceanographic and Atmospheric Administration (NOAA), National Weather Service's Atlas 14 Point Precipitation Frequency Estimates: NJ, in accordance with the location(s) of the drainage area(s) of the site. This data is available at: https://hdsc.nws.noaa.gov/hdsc/pfds/pfds_map_cont.html?bkmrk=nj; and 2. The applicant shall utilize Table 5-5 below, which sets forth the applicable multiplier for the drainage area(s) of the site, in accordance with the county or counties where the drainage area(s) of the site is located. Where the major development 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 Table 5-5 below.

Table 5-5: Current Precipitation Adjustment Factors
County	2-year Design Storm	10-year Design Storm	100-year Design Storm
Atlantic	1.01	1.02	1.03
Bergen	1.01	1.03	1.06
Burlington	0.99	1.01	1.04
Camden	1.03	1.04	1.05
Cape May	1.03	1.03	1.04
Cumberland	1.03	1.03	1.01
Essex	1.01	1.03	1.06
Gloucester	1.05	1.06	1.06
Hudson	1.03	1.05	1.09
Hunterdon	1.02	1.05	1.13
Mercer	1.01	1.02	1.04
Middlesex	1.00	1.01	1.03
Monmouth	1.00	1.01	1.02
Morris	1.01	1.03	1.06
Ocean	1.00	1.01	1.03
Passaic	1.00	1.02	1.05
Salem	1.02	1.03	1.03
Somerset	1.00	1.03	1.09
Sussex	1.03	1.04	1.07
Union	1.01	1.03	1.06
Warren	1.02	1.07	1.15

Table 5-6 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 paragraph 4 above, by the change factor in Table 5-6 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.

Table 5-6: Future Precipitation Change Factors
County	2-year Design Storm	10-year Design Storm	100-year Design Storm
Atlantic	1.22	1.24	1.39
Bergen	1.20	1.23	1.37
Burlington	1.17	1.18	1.32
Camden	1.18	1.22	1.39
Cape May	1.21	1.24	1.32
Cumberland	1.20	1.21	1.39
Essex	1.19	1.22	1.33
Gloucester	1.19	1.23	1.41
Hudson	1.19	1.19	1.23
Hunterdon	1.19	1.23	1.42
Mercer	1.16	1.17	1.36
Middlesex	1.19	1.21	1.33
Monmouth	1.19	1.19	1.26
Morris	1.23	1.28	1.46
Ocean	1.18	1.19	1.24
Passaic	1.21	1.27	1.50
Salem	1.20	1.23	1.32
Somerset	1.19	1.24	1.48
Sussex	1.24	1.29	1.50
Union	1.20	1.23	1.35
Warren	1.20	1.25	1.37

§ 41:17-5-3 Green Infrastructure and Groundwater Recharge.

[Added 9-5-2024 by Ord. No. 6PSF-E, 09-05-2024]

Tables 1, 2, and 3 below summarize the ability of stormwater best management practices identified and described in the New Jersey Stormwater Best Management Practices Manual (BMP) to satisfy the green infrastructure, groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards specified in this Chapter. When designed in accordance with the New Jersey Stormwater Best Management Practices Manual (BMP) and this Chapter, the stormwater management measures listed in N.J.A.C. 7:8-5.2 (f) Tables 5-1, 5-2, and 5-3 and as listed below in Tables 1, 2, and 3 shall be presumed to be capable of providing stormwater controls for the design and performance standards as outlined in Tables below.

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.

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.

Table 1 Green Infrastructure BMPs for Groundwater Recharge, Stormwater Runoff Quality, and/or Stormwater Runoff Quantity
Best Management Practice	Stormwater Runoff Quality TSS Removal Rate (percent)	Stormwater Runoff Quantity	Groundwater Recharge	Minimum Separation from Seasonal High Water Table (feet)
Cistern	0	Yes	No	—
Dry Well^(a)	0	No	Yes	2
Grass Swale	50 or less	No	No	2^(e) 1^(f)
Green Roof	0	Yes	No	—
Manufactured Treatment Device^{(a) (g)}	50 or 80	No	No	Dependent upon the device
Pervious Paving System^(a)	80	Yes	Yes^(b) No^(c)	2^(b) 1^(c)
Small-Scale Bioretention Basin^(a)	80 or 90	Yes	Yes^(b) No^(c)	2^(b) 1^(c)
Small-Scale Infiltration Basin^(a)	80	Yes	Yes	2
Small-Scale Sand Filter	80	Yes	Yes	2
Vegetative Filter Strip	60-80	No	No	—

(Notes corresponding to annotations ^(a) through ^(g) are found after Table 3)

Table 2 Green Infrastructure BMPs for Stormwater Runoff Quantity (or for Groundwater Recharge and/or Stormwater Runoff Quality with a Waiver or Variance from N.J.A.C. 7:8-5.3)
Best Management Practice	Stormwater Runoff Quality TSS Removal Rate (percent)	Stormwater Runoff Quantity	Groundwater Recharge	Minimum Separation from Seasonal High Water Table (feet)
Bioretention System	80 or 90	Yes	Yes^(b) No^(c)	2^(b) 1^(c)
Infiltration Basin	80	Yes	Yes	2
Sand Filter^(b)	80	Yes	Yes	2
Standard Constructed Wetland	90	Yes	No	N/A
Wet Pond^(d)	50-90	Yes	No	N/A

(Notes corresponding to annotations ^(b) through ^(d) are found after Table 3)

Table 3 BMPs for Groundwater Recharge, Stormwater Runoff Quality, and/or Stormwater Runoff Quantity only with a Waiver or Variance from N.J.A.C. 7:8-5.3
Best Management Practice	Stormwater Runoff Quality TSS Removal Rate (percent)	Stormwater Runoff Quantity	Groundwater Recharge	Minimum Separation from Seasonal High Water Table (feet)
Blue Roof	0	Yes	No	N/A
Extended Detention Basin	40-60	Yes	No	1
Manufactured Treatment Device^(h)	50 or 80	No	No	Dependent upon the device
Sand Filter^(c)	80	Yes	No	1
Subsurface Gravel Wetland	90	No	No	1
Wet Pond	50-90	Yes	No	N/A

Notes to Tables 1, 2, and 3:
(a)	Subject to the applicable contributory drainage area limitation specified at Section 41:17-4;
(b)	Designed to infiltrate into the subsoil;
(c)	Designed with underdrains;
(d)	Designed to maintain at least a ten-foot wide area of native vegetation along at least 50% of the shoreline and to include a stormwater runoff retention component designed to capture stormwater runoff for beneficial reuse, such as irrigation;
(e)	Designed with a slope of less than 2%;
(f)	Designed with a slope of equal to or greater than 2%;
(g)	Manufactured treatment devices that meet the definition of green infrastructure at Section II;
(h)	Manufactured treatment devices that do not meet the definition of green infrastructure at Section 41:17-2.

§ 41:17-5-4 Green Infrastructure Standards.

[Added 9-5-2024 by Ord. No. 6PSF-E, 09-05-2024]

This section specifies the types of green infrastructure BMPs that may be used to satisfy the groundwater recharge, stormwater runoff quality, and stormwater runoff quality standards.

To satisfy the groundwater recharge and stormwater runoff quality standards at N.J.A.C. 7:8-5.4 and 5.5, the design engineer shall utilize green infrastructure BMPs identified in Table 5-1 in subsection 41:17-5-3 and/or alternative stormwater management measure approved in accordance with N.J.A.C. 7:8-5.2(g). The following green infrastructure BMPs are subject to the following maximum contributory drainage area limitations:

Best Management Practice	Maximum Contributory Drainage Area
Dry Well	1 acre
Manufactured Treatment Device	2.5 acres
Pervious Paving Systems	Area of additional inflow cannot exceed 3 times the area occupied by the BMP
Small-scale Bioretention Systems	2.5 acres
Small-scale Infiltration Basin	2.5 acres
Small-scale Sand Filter	2.5 acres

To satisfy the stormwater runoff quantity standards at N.J.A.C. 7:8-5.6, the design engineer shall utilize BMPs from Table 5-1 or Table 5-2 and/or an alternative stromwater management measure approved in accordance with N.J.A.C. 7:8-5.2(g).

If a variance in accordance with N.J.A.C. 7:8-4.6 or a waiver from strict compliance in accordance with N.J.A.C. 7:8-5.2(e) is granted from the requirements of this section, then BMPs from Table 5-1, 5-2, or 5-3, and/or an alternative stromwater management measure approved in accordance with N.J.A.C. 7:8-5.2(g) may be used to meet the groundwater recharge, stormwater runoff quality, and stormwater runoff quality standards at N.J.A.C. 7:8-5.4, 5.5, and 5.6.

For separate or combined storm sewer improvement projects, such as sewer separation, undertaken by a government agency or public utility (for example, a sewerage company), the requirements of this section shall only apply to areas owned in fee simple by the government agency or utility, and areas within a right-of-way or easement held or controlled by the government agency or utility; the entity shall not be required to obtain additional property or property rights to fully satisfy the requirements of this section. Regardless of the amount of area of a separate or combined storm sewer improvement project subject to the green infrastructure requirements of this section, each project shall fully comply with the applicable groundwater recharge, stormwater runoff quality control, and stormwater runoff quantity standards at N.J.A.C. 7:8-5.4, 5.5, and 5.6, unless the project is granted a waiver from strict compliance in accordance with N.J.A.C. 7:8-5.2(e).

§ 41:17-5-5 Groundwater Recharge Standards.

[Added 9-5-2024 by Ord. No. 6PSF-E, 09-05-2024]

This section contains minimum design and performance standards for groundwater recharge.

The minimum design and performance standards for groundwater recharge are, as follow:

The design engineer shall, using the assumptions and factors for stormwater runoff and groundwater recharge calculations at N.J.A.C. 7:8-5.7, either:

ii.

Demonstrate through hydrologic and hydraulic analysis that the increase of stormwater runoff volume from pre-construction to post-construction for the projected two-year storm, as defined and determined pursuant to N.J.A.C. 7:8-5.7(d), is infiltrated.

This groundwater recharge requirement does not apply to projects within the "urban redevelopment area," or to projects subject to paragraph 2c below.

The following types of stromwater shall not be recharged:

Stormwater from areas of high pollutant loading. High pollutant loading areas are areas in industrial and commercial developments where solvents and/or petroleum products are loaded/unloaded, stored, or applied, areas where pesticides are loaded/unloaded or stored; areas where hazardous materials are expected to be present in greater than 'reportable quantities' as defined by the United States Environmental Protection Agency (EPA) at 40 CFR 302.4; areas where recharge would be inconsistent with a remedial action work plan approved pursuant to the Administrative Requirements for the Remediation of Contaminated Sites rules, N.J.A.C. 7:26C, or a Department approved landfill closure plan; and areas with high risks for spills of toxic materials, such as gas stations and vehicle maintenance facilities; and

ii.

Industrial stormwater exposed to "source material." "Source material" means any material(s) or machinery, located at an industrial facility that is directly or indirectly related to process, manufacturing or other industrial activities, which could be a source of pollutants in any industrial stormwater discharge to groundwater. Source materials include, but are not limited to, raw materials; intermediate products; final products; waste materials; by-products; industrial machinery and fuels, and lubricants, solvents, and detergents that are related to process, manufacturing, or other industrial activities that are exposed to stormwater.

§ 41:17-6 STANDARDS FOR STRUCTURAL STORMWATER MANAGEMENT MEASURES.

[Added 9-5-2024 by Ord. No. 6PSF-E, 09-05-2024]

Standards for structural stormwater management measures are as follows:

Structural stormwater management measures shall be designed to take into account the existing site conditions, including, for example, environmentally critical areas, wetlands; flood-prone areas; slopes; depth to seasonal high-water table; soil type, permeability and texture; drainage area and drainage patterns; and the presence of solution-prone carbonate rocks (limestone).

Structural stormwater management measures shall be designed to minimize maintenance, facilitate maintenance and repairs, and ensure proper functioning. Trash racks shall be installed at the intake to the outlet structure as appropriate, and shall have parallel bars with one inch spacing between the bars to the elevation of the water quality design storm. For elevations higher than the water quality design storm, the parallel bars at the outlet structure shall be spaced no greater than 1/3 the width of the diameter of the orifice or 1/3 the width of the weir, with a minimum spacing between bars of one inch and a maximum spacing between bars of six inches. In addition, the design of trash racks must comply with the requirements of subsection 41:17-8-2.

Structural stormwater management measures shall be designed, constructed, and installed to be strong, durable, and corrosion resistant.

ii.

At the intake to the outlet from the stormwater management basin, the orifice size shall be a minimum of 2.5 inches in diameter.

iii.

Stormwater management basins shall be designed to meet the minimum safety standards for stormwater management basins at subsection 41:17-8-2.

Stormwater management measure guidelines are available in the New Jersey Stormwater Best Management Practices Manual online at http://www.nj.gov/dep/stormwater/bmp_manual2.htm. Other stormwater management measures may be utilized provided the design engineer demonstrates that the proposed measure and its design will accomplish the required water quantity, groundwater recharge and water quality design and performance standards established by Section 41:17-4 of this Chapter.

Manufactured treatment devices may be used to meet the requirements of Section 41:17-4 of this Chapter, provided the pollutant removal rates are verified by the New Jersey Corporation for Advanced Technology and certified by the NJDEP.

§ 41:17-7 SOURCES FOR TECHNICAL GUIDANCE.

[Added 9-5-2024 by Ord. No. 6PSF-E, 09-05-2024]

§ 41:17-7-1 Technical Guidance.

[Added 9-5-2024 by Ord. No. 6PSF-E, 09-05-2024]

Technical guidance for stormwater management measures can be found in the documents listed at Subsections 1 and 2 below, which are available from Maps and Publications, New Jersey Department of Environmental Protection, 428 East State Street, P.O. Box 420, Trenton, New Jersey, 08625; telephone (609) 777-1038 at

http://www.nj.gov/dep/stormwater/bmp manual2.htm.

Guidelines for stormwater management measures are contained in the New Jersey Stormwater Best Management Practices Manual, as amended and supplemented. Information is provided on stormwater management measures such as: bioretention systems, constructed stormwater wetlands, dry wells, extended detention basins, infiltration structures, manufactured treatment devices, pervious paving, sand filters, vegetative filter strips, and wet ponds.

Additional maintenance guidance is available on the Department's website at

http://www.nj.gov/dep/stormwater/maintenance_guidance.htm.

§ 41:17-7-2 Additional Technical Guidance.

[Added 9-5-2024 by Ord. No. 6PSF-E, 09-05-2024]

Additional technical guidance for stormwater management measures can be obtained from the following:

The "Standards for Soil Erosion and Sediment Control in New Jersey" promulgated by the State Soil Conservation Committee and incorporated into N.J.A.C. 2:90. Copies of these standards may be obtained by contacting the State Soil Conservation Committee or any of the Soil Conservation Districts listed in N.J.A.C. 2:90-1.3(a)3. The location, address, and telephone number of each Soil Conservation District may be obtained from the State Soil Conservation Committee, P.O. Box 330, Trenton, New Jersey 08625; (609) 292-5540;

The Rutgers Cooperative Extension Service, 732-932-9306; and

The Soil Conservation Districts listed in NJAC 2:90-1.3(a)4. The location, address, and telephone number of each Soil Conservation District may be obtained from the State Soil Conservation Committee, P.O. Box 330, Trenton, New Jersey, 08625, 609) 292-5540.

U.S. Environmental Protection Agency, Green Infrastructure resource page:

http://water.epa.gov/infrastructure/greeninfrastructure/index.cfm

§ 41:17-8 SAFETY STANDARDS FOR STORMWATER MANAGEMENT BASINS.

[Added 9-5-2024 by Ord. No. 6PSF-E, 09-05-2024]

§ 41:17-8-1 Applicable to New Stormwater Management Basin.

[Added 9-5-2024 by Ord. No. 6PSF-E, 09-05-2024]

This Section sets forth requirements to protect public safety through the proper design and operation of stormwater best management practices. This Section applies to any new stormwater management best practices.

§ 41:17-8-2 Requirements for Trash Racks, Overflow Grates and Escape Provisions.

[Added 9-5-2024 by Ord. No. 6PSF-E, 09-05-2024]

A trash rack is a device designed to catch trash and debris and prevent the clogging of outlet structures. Trash racks shall be installed at the intake to the outlet from the stormwater management basin to ensure proper functioning of the basin outlets in accordance with the following:

The trash rack shall have parallel bars, with no greater than six inch spacing between the bars.

The trash rack shall be designed so as not to adversely affect the hydraulic performance of the outlet pipe or structure.

The average velocity of flow through a clean trash rack is not to exceed 2.5 feet per second under the full range of stage and discharge. Velocity is to be computed on the basis of the net area of opening through the rack.

The trash rack shall be constructed and installed to be rigid, durable, and corrosion resistant, and shall be designed to withstand a perpendicular live loading of 300 pounds per square feet.

An overflow grate is designed to prevent obstruction of the overflow structure. If an outlet structure has an overflow grate, such grate shall meet the following requirements:

The overflow grate shall be secured to the outlet structure but removable for emergencies and maintenance;

The overflow grate spacing shall be no less than two inches across the smallest dimension;

The overflow grate shall be constructed and installed to be rigid, durable, and corrosion resistant, and shall be designed to withstand a perpendicular live loading of 300 pounds per square feet.

For purposes of this Section, escape provisions mean the permanent installation of ladders, steps, rungs, or other features that provide easily accessible means of egress from stormwater management basins. Stormwater management basins shall include escape provisions as follows:

If a stormwater management basin has an outlet structure, escape provisions shall be incorporated in or on the structure. With the prior approval of the reviewing agency identified in subsection 41:17-8-3 a freestanding outlet structure may be exempted from this requirement.

Safety ledges shall be constructed on the slopes of all new stormwater management basins having a permanent pool of water deeper than 2.5 feet. Such safety ledges shall be comprised of two steps. Each step shall be four feet to six feet in width. One step shall be located approximately 2.5 feet below the permanent water surface, and the second step shall be located one to 1.5 feet above the permanent water surface. See subsection 41:17-8-3 for an illustration of safety ledges in a stormwater management basin.

In new stormwater management basins, the maximum interior slope for an earthen dam, embankment, or berm shall not be steeper than three horizontal to one vertical.

§ 41:17-8-3 Variance or Exemption from Safety Standards.

[Added 9-5-2024 by Ord. No. 6PSF-E, 09-05-2024]

A variance or exemption from the safety standards for stormwater management basins may be granted only upon a written finding by the appropriate reviewing agency of the City of Newark that the variance or exemption will not constitute a threat to public safety.

§ 41:17-9 ADDITIONAL REQUIREMENTS FOR A SITE DEVELOPMENT STORMWATER PLAN FOR A SITE PLAN REVIEW APPLICATION.

[Added 9-5-2024 by Ord. No. 6PSF-E, 09-05-2024]

§ 41:17-9-1 Submission of Site Development Stormwater Plan for Major Development.

[Added 9-5-2024 by Ord. No. 6PSF-E, 09-05-2024]

Whenever an applicant seeks municipal approval of a development subject to this Section, the applicant shall submit all of the required components of the Checklist for the Site Development Stormwater Plan at subsection 41:17-9-3 as part of the submission of the applicant's application for subdivision or site plan approval.

The applicant shall demonstrate that the project meets the standards set forth in this section.

The applicant shall submit eight copies of the materials required by the reviewing board and listed in the checklist for site development stormwater plans in accordance with subsection 41:17-9-3.

§ 41:17-9-2 Site Development Stormwater Plan Approval.

[Added 9-5-2024 by Ord. No. 6PSF-E, 09-05-2024]

The applicant's site development project shall be reviewed as a part of the subdivision or site plan review process by the municipal board or official from whom municipal approval is sought. That municipal board's staff shall consult the Engineering Department and Department of Water and Sewer Utilities 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. If the applicant is proposing a seepage pit, they must do a percolation test and submit to the Engineering Department and Department of Water and Sewer Utilities for review.

§ 41:17-9-3 Checklist Requirements.

[Added 9-5-2024 by Ord. No. 6PSF-E, 09-05-2024]

The following information shall be required:

Topographic Base Map. The reviewing engineer may require upstream tributary drainage system information as necessary. It is recommended that the topographic base map of the site be submitted which extends a minimum of 200 feet beyond the limits of the proposed development, at a scale of one-inch equals 200 feet or greater, showing two-foot contour intervals. The map as appropriate may indicate the following: existing surface water drainage, shorelines, steep slopes, soils, erodible soils, perennial or intermittent streams that drain into or upstream of the Category One waters, wetlands and flood plains along with their appropriate buffer strips, marshlands and other wetlands, pervious or vegetative surfaces, existing manmade structures, roads, bearing and distances of property lines, and significant natural and manmade features not otherwise shown.

Environmental Site Analysis. A written and graphic description of the natural and manmade features of the site and its environs. This description should include a discussion of soil conditions, slopes, wetlands, waterways and vegetation on the site. Particular attention should be given to unique, unusual, or environmentally sensitive features and to those that provide particular opportunities or constraints for development.

Project Description and Site Plan(s). A map (or maps) at the scale of the topographical base map indicating the location of existing and proposed buildings, roads, parking areas, utilities, structural facilities for stormwater management and sediment control, and other permanent structures. The map(s) shall also clearly show areas where alterations occur in the natural terrain and cover, including lawns and other landscaping, and seasonal high ground water elevations. A written description of the site plan and justification of proposed changes in natural conditions may also be provided.

Land Use Planning and Source Control Plan. This plan shall provide a demonstration of how the goals and standards of Sections 41:17-2 through 41:17-5 are being met. The focus of this plan shall be to describe how the site is being developed to meet the objective of controlling groundwater recharge, stormwater quality and stormwater quantity problems at the source by land management and source controls whenever possible.

Stormwater Management Facilities Map. The following information, illustrated on a map of the same scale as the topographic base map, shall be included:

Total area to be paved or built upon, proposed surface contours, land area to be occupied by the stormwater management facilities and the type of vegetation thereon, and details of the proposed plan to control and dispose of stormwater.

Details of all stormwater management facility designs, during and after construction, including discharge provisions, discharge capacity for each outlet at different levels of detention and emergency spillway provisions with maximum discharge capacity of each spillway.

Calculations.

Comprehensive hydrologic and hydraulic design calculations for the pre-development and post-development conditions for the design storms specified in Section 41:17-4.

When the proposed storm-water management control measures (e.g., infiltration basins) depends on the hydrologic properties of soils, then a soils report shall be submitted. The soils report shall be based on on-site boring logs or soil pit profiles. The number and location of required soil borings or soil pits shall be determined based on what is needed to determine the suitability and distribution of soils present at the location of the control measure.

Maintenance and Repair Plan. The design and planning of the stormwater management facility shall meet the maintenance requirements of Section 41:17-10.

Waiver from Submission Requirements. The municipal official or board reviewing an application under this Section may, in consultation with the Departments of Engineering and Water and Sewer Utilities, waive submission of any of the requirements in subsection 41:17-9-3, paragraphs 1 through 5 when it can be demonstrated that the information requested is impossible to obtain or it would create a hardship on the applicant to obtain and its absence will not materially affect the review process and such waiver would not be a violation of NJDEP Rules and Regulations.

§ 41:17-10 MAINTENANCE AND REPAIR.

[Added 9-5-2024 by Ord. No. 6PSF-E, 09-05-2024]

§ 41:17-10-1 Applicability.

[Added 9-5-2024 by Ord. No. 6PSF-E, 09-05-2024]

Projects subject to review shall comply with the requirements of subsection 41:17-10-2 and Section 41:17-11.

§ 41:17-10-2 General Maintenance.

[Added 9-5-2024 by Ord. No. 6PSF-E, 09-05-2024]

The design engineer shall prepare a maintenance plan for the stormwater management measures incorporated into the design of a major development.

The maintenance plan shall contain specific preventative maintenance tasks and schedules.

The maintenance plan for major developments shall contain specific preventative maintenance tasks and schedules; cost estimates, including estimated cost of sediment, debris, or trash removal; and the name, address, and telephone number of the person or persons responsible for preventative and corrective maintenance (including replacement). Maintenance guidelines for stormwater management measures are available in the New Jersey Stormwater Best Management Practices Manual, available online at http://www.nj.gov/dep/stormwater/bmp_manual2.htm. If the maintenance plan identifies a person other than the developer (for example, a property owner or homeowners' association) as having the responsibility for maintenance, the plan shall include documentation of such person's agreement to assume this responsibility, or of the developer's obligation to dedicate a stormwater management facility to such person under an applicable section or regulation.

Responsibility for maintenance shall not be assigned or transferred to the owner or tenant of an individual property in a residential development or project, unless such owner or tenant owns or leases the entire residential development or project. Under no circumstances shall the responsibility for maintenance be assigned, designated, assumed or transferred to the City of Newark unless the development is undertaken by the City.

The maintenance plan shall be recorded upon the deed of record for each property on which the maintenance described in the maintenance plan must be undertaken.

Preventative and corrective maintenance shall be performed to maintain the function of the stormwater management measure, including repairs or replacement to the structure; removal of sediment, debris, or trash; restoration of eroded areas; snow and ice removal; fence repair or replacement; restoration of vegetation; and repair or replacement of non-vegetated linings.

For major development projects, the person responsible for maintenance identified under subsection 41:17-10-2, paragraph 3 above shall maintain a detailed log of all preventative and corrective maintenance for the structural stormwater management measures incorporated into the design of the development, including a record of all inspections and copies of all maintenance-related work orders.

For major development projects, the person responsible for maintenance identified under subsection 41:17-10-2, paragraph 3 above shall evaluate the effectiveness of the maintenance plan at least once per year and adjust the plan and the deed as needed.

The person responsible for maintenance identified under subsection 41:17-10-2, paragraph 3 above shall retain and make available, upon request by any public entity with administrative, health, environmental, or safety authority over the site, the maintenance plan and the documentation required by subsections 41:17-10-2, paragraphs 7 and 8 above.

10.

The requirements of subsection 41:17-10-2, paragraphs 3 and 4 do not apply to stormwater management facilities that are dedicated to and accepted by the municipality or another governmental agency.

11.

In the event that the stormwater management facility becomes a danger to public safety or public health, or if it is in need of maintenance or repair, the City of Newark shall so notify the responsible person in writing. Upon receipt of that notice, the responsible person shall have 14 days to effect maintenance and repair of the facility in a manner that is approved by the Departments of Engineering and Water and Sewer Utilities. The City of Newark, in its discretion, may extend the time allowed for effecting maintenance and repair for good cause. If the responsible person fails or refuses to perform such maintenance and repair, the City of Newark may immediately proceed to do so and shall impose a lien or use other remedies to collect the cost thereof from the responsible person.

For major development projects, nothing in this Section shall preclude the City of Newark 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.

§ 41:17-11 REFUSE CONTAINERS/DUMPSTERS.

[Added 9-5-2024 by Ord. No. 6PSF-E, 09-05-2024]

§ 41:17-11-1 Requirements to Cover.

[Added 9-5-2024 by Ord. No. 6PSF-E, 09-05-2024]

All dumpsters and other refuse containers that are outdoors or exposed to stormwater must be covered at all times and prohibited from spilling, dumping, leaking, or otherwise discharge of liquids, semi-liquids or solids from the containers to the municipal separate storm sewer system(s) operated by the City of Newark, New Jersey and/or the waters of the State so as to protect public health, safety and welfare.

§ 41:17-11-2 Prohibited Conduct.

[Added 9-5-2024 by Ord. No. 6PSF-E, 09-05-2024]

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 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 City of Newark, New Jersey.

§ 41:17-11-3 Exceptions to Prohibition.

[Added 9-5-2024 by Ord. No. 6PSF-E, 09-05-2024]

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 under a valid NJPDES permit.

Large bulky items (e.g., furniture, bound carpet and padding, white goods, such as refrigerator, dishwasher, freezer, washer and dryer, placed curbside for pickup).

§ 41:17-12 PRIVATE STORM DRAIN INLET RETROFITTING.

[Added 9-5-2024 by Ord. No. 6PSF-E, 09-05-2024]

§ 41:17-12-1 Requirement.

[Added 9-5-2024 by Ord. No. 6PSF-E, 09-05-2024]

Existing storm drain inlets which are in direct contact with repaving, repairing, reconstruction, or resurfacing or alterations of facilities on private property must be retrofitted to prevent the discharge of solids and floatables (such as plastic bottles, cans, food wrappers and other litter) to the municipal separate storm or combined sewer system operated by the City of Newark, New Jersey so as to protect public health, safety and welfare.

Prohibited Conduct. No person in control of private property (except a residential lot with one single-family house) shall authorize the repaving, repairing (excluding the repair of individual potholes), resurfacing (including top coating or chip sealing with asphalt emulsion or a thin base of hot bitumen), reconstructing or altering any surface that is in direct contact with an existing storm drain inlet on that property unless the storm drain inlet either:

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 41:17-12-2 below prior to the completion of the project.

§ 41:17-12-2 Design Standard.

[Added 9-5-2024 by Ord. No. 6PSF-E, 09-05-2024]

Storm drain identified in Section 41:17-12 above shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets. For purposes of this Section, "solid and floatable materials" means sediment, debris, trash, and other floating, suspended, or settleable solids. For exemptions to this standard see subsection 41:17-12-2, paragraph 3 below.

A different grate, if each individual clear space in that grate has an area of no more than seven square inches, or is no greater than 0.5 inch across the smallest dimension. Examples of grates subject to this standard include grates in grate inlets, the grate portion (non-curb-opening portion) of combination inlets, grates on storm sewer manholes, ditch grates, trench grates, and grates of spacer bars in slotted drains. Examples of ground surfaces include surfaces of roads (including bridges), driveways, parking areas, bikeways, plazas, sidewalks, lawns, fields, open channels, and stormwater basin floors.

This standard does not apply:

Where the Municipal Engineer agrees that this standard would cause inadequate hydraulic performance that could not practicably be overcome by using additional or larger storm drain inlets that meet these standards:

Where flows are conveyed through any device (e.g., end of pipe netting facility, manufactured treatment device, or a catch basin hood) that is designed, at a minimum, to prevent delivery of all solid and floatable materials that could not pass through one of the following:

(1)

A rectangular space 4 5/8 inches long and 1 1/2 inches wide (this option does not apply for outfall netting facilities); or

(2)

A bar screen having a bar spacing of 0.5 inch. Where flows are conveyed through a trash rack that has parallel bars with one inch spacing between the bars; or

ii.

Where the New Jersey Department of Environmental Protection determines, pursuant to the New Jersey Register of Historic Places Rules at NJAC 7:4-7.2(c), that action to meet this standard is an undertaking that constitutes an encroachment or will damage or destroy the New Jersey Register listed historic property.

§ 41:17-13 PENALTIES.

[Added 9-5-2024 by Ord. No. 6PSF-E, 09-05-2024]

§ 41:17-13-1 Violation.

[Added 9-5-2024 by Ord. No. 6PSF-E, 09-05-2024]

Any person(s) found to be in violation of the provisions of the City of Newark Stormwater Control Ordinance or who willfully or negligently fail(s) to comply with the rules and regulations noted herein above shall be subject to a fine as follows:

Fine related to Section 41:17-1 through Section 41:17-10, a fine of not more than $1,000 or imprisonment not to exceed 90 days, or both, for each offense;

Fine related to Section 41:17-11, Refuse Containers/Dumpsters, a fine not to exceed $100,000;

Fine related to Section 41:17-12, Private Storm Drain Inlet Retrofitting, a fine not to exceed $10,000 for each storm drain inlet that is not retrofitted to meet the design standard.

Each day on which a violation shall occur or continue shall be deemed a separate and distinct offense. In addition to the penalties provided herein, the City of Newark may recover reasonable attorneys' fees, court costs, court reporters' fees and other expenses of litigation by appropriate suit at law against the person(s) found to have violated the regulations issued recited herein above.

§ 41:17-14 ENFORCEMENT.

[Added 9-5-2024 by Ord. No. 6PSF-E, 09-05-2024]

This Chapter shall be enforced by the Police Division, Department of Engineering and/or other Municipal Officials of the City of Newark, New Jersey.

Newark City Zoning Code

CHAPTER 41

§ 41:17-1 SCOPE AND PURPOSE.

§ 41:17-1-1 Policy Statement.

§ 41:17-1-2 Purpose.

§ 41:17-1-3 Applicability.

§ 41:17-1-4 Compatibility with Other Permit and Ordinance Requirements.

§ 41:17-2 DEFINITIONS APPLICABLE SPECIFICALLY TO CHAPTER 17, STORM DRAINAGE.

§ 41:17-3 GENERAL STANDARDS.

§ 41:17-3-1 Design and Performance Standards for Stormwater Management Measures.

§ 41:17-4 STORMWATER MANAGEMENT REQUIREMENTS FOR DEVELOPMENTS.

§ 41:17-4-1 Maintenance Plan.

§ 41:17-4-2 Adverse Impacts.

§ 41:17-4-3 Exempt Projects.

§ 41:17-4-4 Waiver.

§ 41:17-4-5 Nonstructural Stormwater Management Strategies.

§ 41:17-4-6 Erosion Control, Groundwater Recharge and Runoff Quantity Standards.

§ 41:17-4-7 Stormwater Runoff Quality Standards.

§ 41:17-5 CALCULATION OF STORMWATER RUNOFF AND GROUNDWATER RECHARGE FOR MAJOR DEVELOPMENT.

§ 41:17-5-1 Calculation of Runoff.

§ 41:17-5-2 Groundwater Recharge Calculation.

§ 41:17-5-3 Green Infrastructure and Groundwater Recharge.

§ 41:17-5-4 Green Infrastructure Standards.

§ 41:17-5-5 Groundwater Recharge Standards.

§ 41:17-6 STANDARDS FOR STRUCTURAL STORMWATER MANAGEMENT MEASURES.

§ 41:17-7 SOURCES FOR TECHNICAL GUIDANCE.

§ 41:17-7-1 Technical Guidance.

§ 41:17-7-2 Additional Technical Guidance.

§ 41:17-8 SAFETY STANDARDS FOR STORMWATER MANAGEMENT BASINS.

§ 41:17-8-1 Applicable to New Stormwater Management Basin.

§ 41:17-8-2 Requirements for Trash Racks, Overflow Grates and Escape Provisions.

§ 41:17-8-3 Variance or Exemption from Safety Standards.

§ 41:17-9 ADDITIONAL REQUIREMENTS FOR A SITE DEVELOPMENT STORMWATER PLAN FOR A SITE PLAN REVIEW APPLICATION.

§ 41:17-9-1 Submission of Site Development Stormwater Plan for Major Development.

§ 41:17-9-2 Site Development Stormwater Plan Approval.

§ 41:17-9-3 Checklist Requirements.

§ 41:17-10 MAINTENANCE AND REPAIR.

§ 41:17-10-1 Applicability.

§ 41:17-10-2 General Maintenance.

§ 41:17-11 REFUSE CONTAINERS/DUMPSTERS.

§ 41:17-11-1 Requirements to Cover.

§ 41:17-11-2 Prohibited Conduct.

§ 41:17-11-3 Exceptions to Prohibition.

§ 41:17-12 PRIVATE STORM DRAIN INLET RETROFITTING.

§ 41:17-12-1 Requirement.

§ 41:17-12-2 Design Standard.

§ 41:17-13 PENALTIES.

§ 41:17-13-1 Violation.

§ 41:17-14 ENFORCEMENT.