Township Council Meeting — Packet

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 § 25-29.12B5. Prior to the commencement of construction, proof that the above required deed notice has been filed shall be submitted to the municipality. Proof that the required information has been recorded on the deed shall be in the form of either a copy of the complete recorded document or a receipt from the clerk or other proof of recordation provided by the recording office. However, if the initial proof provided to the municipality is not a copy of the complete recorded document, a copy of the complete recorded document shall be provided to the municipality within 180 calendar days of the authorization granted by the municipality. O. 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 the Township and shall contain a description and location of the stormwater management measure, as well as reference to the maintenance plan, in accordance with N 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 N above. P. 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 § 25-29.4Q and R, the design engineer shall utilize green infrastructure BMPs identified in Table 1 at § 25-29.4G and/or an alternative stormwater management measure approved in

f quality standards at § 25-29.4Q and R, the design engineer shall utilize green infrastructure BMPs identified in Table 1 at § 25-29.4G and/or an alternative stormwater management measure approved in accordance with § 25-29.4H. 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 Pervious Pavement Systems 2.5 acres Area of additional inflow cannot exceed three times the area occupied by the BMP 2.5 acres Small-scale Bioretention Systems 19

Small-scale Infiltration Basin 2.5 acres Small-scale Sand Filter 2.5 acres 3. To satisfy the stormwater runoff quantity standards at§ 25-29.4S, the design engineer shall utilize BMPs from Table 1 or from Table 2 and/or an alternative stormwater management measure approved in accordance with§ 25-29.4H . 4. If a variance in accordance with N.J.A.C. 7:8-4.6 or a waiver from strict compliance in accordance with § 25-29.4E 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 § 25-29.4H may be used to meet the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at § 25-29.4Q, R and S. 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 rightof-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.Q, R, and S, unless the project is granted a waiver from strict compliance in accordance with§ 25-29.4E . Q. 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

te; 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 areas of the project that have been previously developed as defined in § 25-29.2 or to groundwater subject to projects within the “urban redevelopment area,” or to projects subject to 25-29. Q-4 below. However, groundwater that is not subject to 4 below shall be used to achieve the standards of this section to the maximum 20

extent practicable in locations where it will meet requirements of this ordinance and will not cause damage to infrastructure or structures. 4. The following types of stormwaters 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 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; byproducts; industrial machinery and fuels, and lubricants, solvents, and detergents that are related to process, manufacturing, or other industrial activities that are exposed to stormwater. R. 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 project project meets the definition of a major development according to § 25-29.2. 2. Stormwater management measures shall be designed to reduce the postconstruction 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

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 any type of regulated motor vehicle impervious surface because the water quality treatment for that area of motor vehicle impervious 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. 21 Deleted: major development results in an increase of onequarter acre or more of regulated motor vehicle surface…

iii. iv. If the runoff from a project site will drain directly or in indirectly, into a water with a Total Maximum Daily Load (TMDL) for TSS, then the required TSS reduction from the site shall be increased to be consistent with the reductions set forth in the TMDL. If the runoff from a project site will drain, directly or indirectly, into an impaired water that is listed under New Jersey’s Integrated Water Quality Assessment Report as impaired for TSS, then TSS shall be removed to the maximum extent practicable. 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 this requirement. Every major development, including any that discharge into a combined sewer system, shall comply with 2 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. 4. 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 4, below. The calculation of the volume of runoff may consider the implementation of stormwater management measures. 22

Table 4 - Water Quality Design Storm Distribution 5. If more than one BMP in series is necessary to achieve the required 80 percent TSS reduction for a site, the applicant shall utilize the following formula to calculate TSS reduction: 23

R = A + B – (A x B) / 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. 6. 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§ 2529.4Q, R and S. 7. 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. 8. 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. 9. Pursuant to the Flood Hazard Area Control Act Rules at N.J.A.C. 7:13-11.2(j)3.i, runoff from the water quality design storm that is discharged within a 300-foot riparian zone shall be treated in accordance with this subsection to reduce the post-construction load of total suspended solids by 95 percent of the anticipated load from the developed site, expressed as an annual average. 10. The stormwater runoff quality standards do not apply to the construction of one individual single-family dwelling, if it is not part of a larger development or subdivision that has received preliminary or final site plan approval prior to December 3, 2018, and that the motor vehicle surfaces are made of permeable material(s) such as gravel, dirt, and/or shells. S. Stormwater Runoff Quantity Standards 1. This subsection contains the minimum design and performance standards to control stormwater runoff quantity impacts of major development. 2. The site shall be designed to manage, through on-site retention, the Retention Storm, (or ½ of the projected 2-year

nce standards to control stormwater runoff quantity impacts of major development. 2. The site shall be designed to manage, through on-site retention, the Retention Storm, (or ½ of the projected 2-year storm per square foot, as reflected in Table 6) at the site or on contiguous properties in common ownership. The management shall be using one or more green infrastructure techniques and shall apply to the total impervious on the site, both retained and proposed. 2. 3. To control stormwater runoff quantity impacts, the design engineer shall, using the assumptions and factors for stormwater runoff calculations at§ 25-29.5, complete one of the following: 24