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

12 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 corresponding to annotations (b) through (d) are found after Table 3) Notes to Tables 1, 2, and 3: (a) subject to the applicable contributory drainage area limitation specified at§ 25- 29.4o2 ; (b) designed to infiltrate into the subsoil; (c) designed with underdrains; (d) designed to maintain at least a 10-foot-wide area of native vegetation along at least 50 percent of the shoreline and to include a stormwater runoff retention component designed to capture stormwater runoff for beneficial reuse, such as irrigation; (e) designed with a slope of less than two percent; (f) designed with a slope of equal to or greater than two percent; (g) manufactured treatment devices that meet the definition of green infrastructure at§ 25-29.2 ; (h) manufactured treatment devices that do not meet the definition of green infrastructure at . § 25-29.2 Deleted: on Page D-14 Deleted: Section IV.O.2 Deleted: Section II Deleted: Section II

13 G. An alternative stormwater management measure, alternative removal rate, and/or alternative method to calculate the removal rate may be used if the design engineer demonstrates the capability of the proposed alternative stormwater management measure and/or the validity of the alternative rate or method to the municipality. A copy of any approved alternative stormwater management measure, alternative removal rate, and/or alternative method to calculate the removal rate shall be provided to the Department in accordance with § 25-29.6b. Alternative stormwater management measures may be used to satisfy the requirements at § 25-29.4o only if the measures meet the definition of green infrastructure at § 25-29.2. Alternative stormwater management measures that function in a similar manner to a BMP listed at § 25-29.4o2 are subject to the contributory drainage area limitation specified at § 25-29.4o2for that similarly functioning BMP. Alternative stormwater management measures approved in accordance with this subsection that do not function in a similar manner to any BMP listed at § 25-29.4o2 shall have a contributory drainage area less than or equal to 2.5 acres, except for alternative stormwater management measures that function similarly to cisterns, grass swales, green roofs, standard constructed wetlands, vegetative filter strips, and wet ponds, which are not subject to a contributory drainage area limitation. Alternative measures that function similarly to standard constructed wetlands or wet ponds shall not be used for compliance with the stormwater runoff quality standard unless a variance in accordance with N.J.A.C. 7:8-4.6 or a waiver from strict compliance in accordance with § 25-29.4d is granted from § 25-29.4o. H. Whenever the stormwater management design includes one or more BMPs that will infiltrate stormwater into subsoil, the design engineer shall assess the hydraulic impact on the groundwater table and design the site, so as to avoid adverse hydraulic impacts. Potential adverse hydraulic impacts include, but are not limited to, exacerbating a naturally or seasonally high-water table, so as to cause surficial ponding, flooding of basements, or interference with the proper operation of subsurface sewage disposal systems or other subsurface structures within the zone of influence of the groundwater mound, or interference with the proper

s, or interference with the proper operation of subsurface sewage disposal systems or other subsurface structures within the zone of influence of the groundwater mound, or interference with the proper functioning of the stormwater management measure itself. I. Design standards for stormwater management measures are as follows: 1. Stormwater management measures shall be designed to take into account the existing site conditions, including, but not limited to, environmentally critical areas; wetlands; flood-prone areas; slopes; depth to seasonal high-water table; soil type, permeability, and texture; drainage area and drainage patterns; and the presence of solution-prone carbonate rocks (limestone); 2. Stormwater management measures shall be designed to minimize maintenance, facilitate maintenance and repairs, and ensure proper functioning. Trash racks shall be installed at the intake to the outlet structure, as appropriate, and shall have parallel bars with one-inch spacing between the bars to the elevation of the water quality design storm. For elevations higher than the water quality design storm, the parallel bars at the outlet structure shall be spaced no greater than one-third the width of the diameter of the orifice or one-third the width of the weir, with a minimum spacing between bars of one inch and a maximum spacing Deleted: Section VI.B Deleted: Section IV.O Deleted: Deleted: Section II Deleted: Section O.2 Deleted: Section O.2 Deleted: Deleted: Section O.2 Deleted: Section IV.D Deleted: Section IV.O

14 between bars of six inches. In addition, the design of trash racks must comply with the requirements of § 25-29.8c; 3. Stormwater management measures shall be designed, constructed, and installed to be strong, durable, and corrosion resistant. Measures that are consistent with the relevant portions of the Residential Site Improvement Standards at N.J.A.C. 5:21-7.3, 7.4, and 7.5 shall be deemed to meet this requirement; 4. Stormwater management BMPs shall be designed to meet the minimum safety standards for stormwater management BMPs at § 25-29.8; and 5. The size of the orifice at the intake to the outlet from the stormwater management BMP shall be a minimum of two and one-half inches in diameter. J. Manufactured treatment devices may be used to meet the requirements of this subchapter, provided the pollutant removal rates are verified by the New Jersey Corporation for Advanced Technology and certified by the Department. Manufactured treatment devices that do not meet the definition of green infrastructure at § 25-29.2 may be used only under the circumstances described at § 25-29.4o4. K. Any application for a new agricultural development that meets the definition of major development at § 25-29.2 shall be submitted to the Soil Conservation District for review and approval in accordance with the requirements at § 25-29.4o, p, q, and rand any applicable Soil Conservation District guidelines for stormwater runoff quantity and erosion control. For purposes of this subsection, "agricultural development" means land uses normally associated with the production of food, fiber, and livestock for sale. Such uses do not include the development of land for the processing or sale of food and the manufacture of agriculturally related products. L. If there is more than one drainage area, the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at § 25-29.4 p, q, and r shall be met in each drainage area, unless the runoff from the drainage areas converge onsite and no adverse environmental impact would occur as a result of compliance with any one or more of the individual standards being determined utilizing a weighted average of the results achieved for that individual standard across the affected drainage areas. M. Any stormwater management measure authorized under the municipal stormwater management plan or ordinance shall be

e results achieved for that individual standard across the affected drainage areas. M. Any stormwater management measure authorized under the municipal stormwater management plan or ordinance shall be reflected in a deed notice recorded in the } (Essex County Register of Deeds and Mortgages, Hall of Records, 465 Martin Luther King Jr. Boulevard #130, Newark, N.J. 07102. A form of deed notice shall be submitted to the municipality for approval prior to filing. The deed notice shall contain a description of the stormwater management measure(s) used to meet the green infrastructure, groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at § 25-29.4o, p, q, and rand shall identify the location of the stormwater management measure(s) in NAD 1983 State Plane New Jersey FIPS 2900 US Feet or Latitude and Longitude in decimal degrees. The deed notice shall also reference the maintenance plan required to be recorded upon the deed pursuant to§ 25-29.10b5 . Prior to the commencement of construction, proof that the above required deed notice has been filed shall be submitted to the municipality. Proof that the required information has been recorded on the deed shall be in the form of either a copy of the complete recorded document or a receipt from the clerk or other proof Deleted: Section VIII.C Deleted: Section VIII Deleted: Section II Deleted: Section IV.O.4 Deleted: Section II Deleted: Sections IV.O, P, Q and R Deleted: Deleted: Section IV.P, Q and R Deleted: Deleted: {insert Office of the County Clerk or the registrar of deeds and mortgages of the county in which the development, project, project site, or mitigation area containing the stormwater management measure is located, as appropriate, to the municipality… Deleted: Section IV.O, P, Q and R Deleted: Deleted: Section X.B.5

15 of recordation provided by the recording office. However, if the initial proof provided to the municipality is not a copy of the complete recorded document, a copy of the complete recorded document shall be provided to the municipality within 180 calendar days of the authorization granted by the municipality. N. A stormwater management measure approved under the municipal stormwater management plan or ordinance may be altered or replaced with the approval of the municipality, if the municipality determines that the proposed alteration or replacement meets the design and performance standards pursuant to § 25-29.4 of this ordinance and provides the same level of stormwater management as the previously approved stormwater management measure that is being altered or replaced. If an alteration or replacement is approved, a revised deed notice shall be submitted to the municipality for approval and subsequently recorded with the } Essex County Register of Deeds and Mortgages, Hall of Records, 465 Martin Luther King Jr. Boulevard #130, Newark, N.J. 07102 and shall contain a description and location of the stormwater management measure, as well as reference to the maintenance plan, in accordance with M above. Prior to the commencement of construction, proof that the above required deed notice has been filed shall be submitted to the municipality in accordance with M above. O. Green Infrastructure Standards 1. This subsection specifies the types of green infrastructure BMPs that may be used to satisfy the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards. 2. To satisfy the groundwater recharge and stormwater runoff quality standards at § 25-29.4p, and q , the design engineer shall utilize green infrastructure BMPs identified in Table 1 at § 25-29.4f and/or an alternative stormwater management measure approved in accordance with The § 25-29.4g 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 Pavement Systems Area of additional inflow cannot exceed three 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 3. To satisfy the stormwater runoff

xceed three 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 3. To satisfy the stormwater runoff quantity standards at§ 25-29.4r , the design engineer shall utilize BMPs from Table 1 or from Table 2 and/or an alternative stormwater management measure approved in accordance with§ 25-29.4g . Deleted: Section IV Deleted: {insert appropriate Office of the County Clerk or the registrar of deeds and mortgages, as applies… Deleted: an Deleted: Section IV.P and Q Deleted: Section IV.F. Deleted: Section IV.G. Deleted: e Deleted: Section IV.R Deleted: Section IV.G

16 4. If a variance in accordance with N.J.A.C. 7:8-4.6 or a waiver from strict compliance in accordance with § 25-29.4d is granted from the requirements of this subsection, then BMPs from Table 1, 2, or 3, and/or an alternative stormwater management measure approved in accordance with § 25-29.4g may be used to meet the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at § 25-29.4p, q, and r. 5. 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 subsection 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 subsection. Regardless of the amount of area of a separate or combined storm sewer improvement project subject to the green infrastructure requirements of this subsection, each project shall fully comply with the applicable groundwater recharge, stormwater runoff quality control, and stormwater runoff quantity standards at § 25-29.4p, q, and r., unless the project is granted a waiver from strict compliance in accordance with§ 25-29.4d . P. Groundwater Recharge Standards 1. This subsection contains the minimum design and performance standards for groundwater recharge as follows: 2. The design engineer shall, using the assumptions and factors for stormwater runoff and groundwater recharge calculations at § 25-29.5, either: i. Demonstrate through hydrologic and hydraulic analysis that the site and its stormwater management measures maintain 100 percent of the average annual pre-construction groundwater recharge volume for the site; or ii. Demonstrate through hydrologic and hydraulic analysis that the increase of stormwater runoff volume from pre-construction to post-construction for the projected 2-year storm, as defined and determined pursuant to § 25-29.5d of this ordinance is infiltrated. 3. This groundwater recharge requirement does not apply to projects within the “urban redevelopment area,” or to projects subject to 4 below. 4. The following types of stormwater shall not be recharged: i. Stormwater from areas of high

ement does not apply to projects within the “urban redevelopment area,” or to projects subject to 4 below. 4. The following types of stormwater shall not be recharged: i. 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 Department approved remedial action work plan approved pursuant to the Administrative Deleted: Section IV.D Deleted: Deleted: Section IV.G Deleted: Deleted: Section IV.P, Q and R Deleted: Section IV.P, Q and R Deleted: Section IV.D Deleted: Section V Deleted: Section V.D

17 Requirements for the Remediation of Contaminated Sites rules, N.J.A.C. 7:26C, or Department landfill closure plan and areas; 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. Q. Stormwater Runoff Quality Standards 1. This subsection 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. 2. 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: i. Eighty percent TSS 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. ii. 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. 3. 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 Pollutant Discharge Elimination System (NJPDES) rules, N.J.A.C. 7:14A, or in a discharge specifically exempt under a NJPDES permit from