2870 24 Amending and Supplementing Chapter 25 Section 29 of the Township of West Orange Municipal Code Stormwater Mgmt RedLined 2

evapotranspired. “Regulated impervious surface” means any of the following, alone or in combination: 1. A net increase of impervious surface; 2. The total area of impervious surface collected by a new stormwater conveyance system (for the purpose of this definition, a “new stormwater conveyance system” is a stormwater conveyance system that is constructed where one did not exist immediately prior to its construction or an existing system for which a new discharge location is created); 3. The total area of impervious surface proposed to be newly collected by an existing stormwater conveyance system; and/or

7 4. The total area of impervious surface collected by an existing stormwater conveyance system where the capacity of that conveyance system is increased. “Regulated motor vehicle surface” means any of the following, alone or in combination: 1. The total area of motor vehicle surface that is currently receiving water; 2. A net increase in motor vehicle surface; and/or quality treatment either by vegetation or soil, by an existing stormwater management measure, or by treatment at a wastewater treatment plant, where the water quality treatment will be modified or removed. “Sediment” means solid material, mineral or organic, that is in suspension, is being transported, or has been moved from its site of origin by air, water or gravity as a product of erosion. “Site” means the lot or lots upon which a major development is to occur or has occurred. “Soil” means all unconsolidated mineral and organic material of any origin. “State Development and Redevelopment Plan Metropolitan Planning Area (PA1)” means an area delineated on the State Plan Policy Map and adopted by the State Planning Commission that is intended to be the focus for much of the State’s future redevelopment and revitalization efforts. “State Plan Policy Map” is defined as the geographic application of the State Development and Redevelopment Plan’s goals and statewide policies, and the official map of these goals and policies. “Stormwater” means water resulting from precipitation (including rain and snow) that runs off the land’s surface, is transmitted to the subsurface, or is captured by separate storm sewers or other sewage or drainage facilities, or conveyed by snow removal equipment. “Stormwater management BMP” means an excavation or embankment and related areas designed to retain stormwater runoff. A stormwater management BMP may either be normally dry (that is, a detention basin or infiltration system), retain water in a permanent pool (a retention basin), or be planted mainly with wetland vegetation (most constructed stormwater wetlands). “Stormwater management measure” means any practice, technology, process, program, or other method intended to control or reduce stormwater runoff and associated pollutants, or to induce or control the infiltration or groundwater recharge of stormwater or to eliminate illicit or illegal non-stormwater discharges into stormwater conveyances. “Stormwater

ociated pollutants, or to induce or control the infiltration or groundwater recharge of stormwater or to eliminate illicit or illegal non-stormwater discharges into stormwater conveyances. “Stormwater runoff” means water flow on the surface of the ground or in storm sewers, resulting from precipitation.

8 “Stormwater management planning agency” means a public body authorized by legislation to prepare stormwater management plans. “Stormwater management planning area" means the geographic area for which a stormwater management planning agency is authorized to prepare stormwater management plans, or a specific portion of that area identified in a stormwater management plan prepared by that agency. “Tidal Flood Hazard Area” means a flood hazard area in which the flood elevation resulting from the two-, 10-, or 100-year storm, as applicable, is governed by tidal flooding from the Atlantic Ocean. Flooding in a tidal flood hazard area may be contributed to, or influenced by, stormwater runoff from inland areas, but the depth of flooding generated by the tidal rise and fall of the Atlantic Ocean is greater than flooding from any fluvial sources. In some situations, depending upon the extent of the storm surge from a particular storm event, a flood hazard area may be tidal in the 100-year storm, but fluvial in more frequent storm events. “Urban Coordinating Council Empowerment Neighborhood” means a neighborhood given priority access to State resources through the New Jersey Redevelopment Authority. “Urban Enterprise Zones” means a zone designated by the New Jersey Enterprise Zone Authority pursuant to the New Jersey Urban Enterprise Zones Act, N.J.S.A. 52:27H-60 et. seq. “Urban Redevelopment Area” is defined as previously developed portions of areas: 1. Delineated on the State Plan Policy Map (SPPM) as the Metropolitan Planning Area (PA1), Designated Centers, Cores or Nodes; 2. Designated as CAFRA Centers, Cores or Nodes; 3. Designated as Urban Enterprise Zones; and 4. Designated as Urban Coordinating Council Empowerment Neighborhoods. “Water control structure” means a structure within, or adjacent to, a water, which intentionally or coincidentally alters the hydraulic capacity, the flood elevation resulting from the two-, 10-, or 100-year storm, flood hazard area limit, and/or floodway limit of the water. Examples of a water control structure may include a bridge, culvert, dam, embankment, ford (if above grade), retaining wall, and weir. “Waters of the State” means the ocean and its estuaries, all springs, streams, wetlands, and bodies of surface or groundwater, whether natural or artificial, within the boundaries of the State of New Jersey or subject to its

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

9 § 25-29.3—Design and Performance Standards for Stormwater Management Measures A. Stormwater management measures for major development shall be designed to provide erosion control, groundwater recharge, stormwater runoff quantity control, and stormwater runoff quality treatment as follows: 1. The minimum standards for erosion control are those established under the Soil and Sediment Control Act, N.J.S.A. 4:24-39 et seq., and implementing rules at N.J.A.C. 2:90. 2. The minimum standards for groundwater recharge, stormwater quality, and stormwater runoff quantity shall be met by incorporating green infrastructure. B. The standards in this ordinance apply only to new major development and are intended to minimize the impact of stormwater runoff on water quality and water quantity in receiving water bodies and maintain groundwater recharge. The standards do not apply to new major development to the extent that alternative design and performance standards are applicable under a regional stormwater management plan or Water Quality Management Plan adopted in accordance with Department rules. Note: Alternative standards shall provide at least as much protection from stormwater-related loss of groundwater recharge, stormwater quantity and water quality impacts of major development projects as would be provided under the standards in N.J.A.C. 7:8-5. § 25-29.4—Stormwater Management Requirements for Major Development A. The development shall incorporate a maintenance plan for the stormwater management measures incorporated into the design of a major development in accordance with § 25-29.10. B. Stormwater management measures shall avoid adverse impacts of concentrated flow on habitat for threatened and endangered species as documented in the Department’s Landscape Project or Natural Heritage Database established under N.J.S.A. 13:1B-15.147 through 15.150, particularly Helonias bullata (swamp pink) and/or Clemmys muhlnebergi (bog turtle). C. The following linear development projects are exempt from the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity requirements of § 25-29.4p, q, and r: 1. The construction of an underground utility line provided that the disturbed areas are revegetated upon completion; 2. The construction of an aboveground utility line provided that the existing conditions are maintained to the maximum extent practicable;

ded that the disturbed areas are revegetated upon completion; 2. The construction of an aboveground utility line provided that the existing conditions are maintained to the maximum extent practicable; and 3. The construction of a public pedestrian access, such as a sidewalk or trail with a maximum width of 14 feet, provided that the access is made of permeable material. Deleted: Section X Deleted: Section IV.P, Q and R

10 D. A waiver from strict compliance from the green infrastructure, groundwater recharge, stormwater runoff quality, and stormwater runoff quantity requirements of § 25- 29.4o, p, q, and r may be obtained for the enlargement of an existing public roadway or railroad; or the construction or enlargement of a public pedestrian access, provided that the following conditions are met: 1. The applicant demonstrates that there is a public need for the project that cannot be accomplished by any other means; 2. The applicant demonstrates through an alternatives analysis, that through the use of stormwater management measures, the option selected complies with the requirements of § 25-29.4o, p, q, and r to the maximum extent practicable; 3. The applicant demonstrates that, in order to meet the requirements of § 25- 29.4o, p, q, and r, existing structures currently in use, such as homes and buildings, would need to be condemned; and 4. The applicant demonstrates that it does not own or have other rights to areas, including the potential to obtain through condemnation lands not falling under § 25-29.4d3 above within the upstream drainage area of the receiving stream, that would provide additional opportunities to mitigate the requirements of § 25- 29.4o, p, q, and r that were not achievable onsite. E. Tables 1 through 3 below summarize the ability of stormwater best management practices identified and described in the New Jersey Stormwater Best Management Practices Manual to satisfy the green infrastructure, groundwater recharge, stormwater runoff quality and stormwater runoff quantity standards specified in § 25-29.4o, p, q, and r. When designed in accordance with the most current version of the New Jersey Stormwater Best Management Practices Manual, the stormwater management measures found at N.J.A.C. 7:8-5.2 (f) Tables 5-1, 5-2 and 5-3 and listed below in Tables 1, 2 and 3 are presumed to be capable of providing stormwater controls for the design and performance standards as outlined in the tables below. Upon amendments of the New Jersey Stormwater Best Management Practices to reflect additions or deletions of BMPs meeting these standards, or changes in the presumed performance of BMPs designed in accordance with the New Jersey Stormwater BMP Manual, the Department shall publish in the New Jersey Registers a notice of administrative change revising the applicable

performance of BMPs designed in accordance with the New Jersey Stormwater BMP Manual, the Department shall publish in the New Jersey Registers a notice of administrative change revising the applicable table. The most current version of the BMP Manual can be found on the Department’s website at: https://dep.nj.gov/stormwater/bmp-manual/. F. Where the BMP tables in the NJ Stormwater Management Rule are different due to updates or amendments with the tables in this ordinance the BMP Tables in the Stormwater Management rule at N.J.A.C. 7:8-5.2(f) shall take precedence. Deleted: Section IV.O, P, Q and R Deleted: Section IV.O, P, Q and R Deleted: Section IV.O, P, Q and R Deleted: IV.D.3 Deleted: Deleted: Section IV.O, P, Q and R Deleted: Deleted: Section IV.O, P, Q and R

11 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 Deleted: on Page D-14