Township Council Meeting — Packet

planning committee pursuant to N.J.A.C. 7:8-3.2, that serves as the primary representative of the committee. “Low impact development techniques” means Using strategies and measures that manage stormwater runoff quantity and quality in the absence of structural stormwater measures, such as minimizing site disturbance, preserving natural vegetation and other important site features such as forests and especially core forests, reducing and disconnecting impervious cover, minimizing proposed ground slopes, using native vegetation, minimizing turf grass lawns, revegetating areas, increasing time of concentration, and maintaining and enhancing natural drainage features and characteristics. “Maintenance plan” means a document required for the maintenance of stormwater management measures at all major and minor development projects. A Maintenance Plan shall contain a specific preventive 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 preventive and corrective maintenance including replacement. “Major development” means an individual “development,” including redevelopment, as well as multiple developments that individually or collectively result in: 1. The disturbance 0.5 acre of land since February 2, 2004; 2. The creation of 5,000 square feet or more of “regulated impervious surface” since February 2, 2004. 3. The creation of 5,000 square feet or more of “regulated motor vehicle surface” since March 2, 2021, or 4. A combination of 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 one-quarter acre 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” means any development that results in a new dwelling and/or the construction of any site improvements that result in an

. 40:55D-1 et seq., are also considered “major development.” “Minor development” means any development that results in a new dwelling and/or the construction of any site improvements that result in an increase in impervious cover by 400 square feet that results in an increase of stormwater runoff but does not meet the definition of a major development. “Motor vehicle” means 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- 6 Deleted: of one or more Deleted: one-quarter acre Deleted: one-quarter acre Deleted: one-quarter acre

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” means 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. “Municipality” means any city, borough, town, township, or village. “New Jersey Stormwater Best Management Practices (BMP) Manual” or “BMP Manual” means 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 BMP 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 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 municipality, in accordance with § 25-29.4f. of this ordinance and N.J.A.C. 7:8-5.2(g), that the proposed measure and its design will contribute to achievement of the design and performance standards established by this chapter. “Node” means an area designated by the State Planning Commission concentrating facilities and activities which are not organized in a compact form. “Nutrient” means a chemical element or compound, such as nitrogen or phosphorus, which is essential to and promotes the development of organisms. “Nutrient load” means the total amount of a nutrient entering a surface or groundwater resource during a given time. Nutrients may enter the water resource from runoff, recharge, point source discharges, or the atmosphere in the form of wet and/or dry deposition. “Person” means any individual, corporation, company, partnership, firm, association, political subdivision of

arge, point source discharges, or the atmosphere in the form of wet and/or dry deposition. “Person” means any individual, corporation, company, partnership, firm, association, political subdivision of this State and any state, interstate or Federal agency. “Pervious surface” means a surface that is capable of transmitting or infiltrating a significant amount of precipitation into underlying material. “Pollutant” means 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, 7

municipal, agricultural, and construction waste or runoff, or other residue discharged directly or indirectly to the land, ground waters or surface waters of the State, or to a domestic treatment works. “Pollutant” includes both hazardous and nonhazardous pollutants. “Previously Developed” means those portions of a site covered by pavement, gravel, or dirt driveways, streets, roads and parking areas, gravel, pavement, buildings, impervious surfaces, lawns, or structures. Areas that simply have been (or have once been) cleared or vegetation are not considered previously developed if woody vegetation has been reestablished. Only those portions of a site that have been previously developed are exempt from the groundwater recharge requirements. "Public roadway or railroad" means a pathway for use by motor vehicles or trains that is intended for public use and is constructed by, or on behalf of, a public transportation entity. A public roadway or railroad does not include a roadway or railroad constructed as part of a private development, regardless of whether the roadway or railroad is ultimately to be dedicated to and/or maintained by a governmental entity. “Public transportation entity” means a Federal, State, county, or municipal government, an independent State authority, or a statutorily authorized public-private partnership program pursuant to P.L. 2018, c. 90 (N.J.S.A. 40A:11-52 et seq.), that performs a public roadway or railroad project that includes new construction, expansion, reconstruction, or improvement of a public roadway or railroad. “Recharge” means the amount of water from precipitation that infiltrates into the ground and is not evapotranspired. “Redevelopment” means an activity that results in the creation, addition, or replacement of impervious surface area on an already developed site. Redevelopment includes but is not limited to the expansion of a building footprint; addition or replacement of a structure or a portion of a structure regardless of footprint; and replacement of impervious surface area that is not part of a routine maintenance activity. If a project is a redevelopment project, all new impervious cover, whether created by adding to or replacing impervious cover that was in existence before the redevelopment occurs, shall be considered in calculating the requirements for stormwater management. However, any such new impervious

to or replacing impervious cover that was in existence before the redevelopment occurs, shall be considered in calculating the requirements for stormwater management. However, any such new impervious cover that will drain into an existing stormwater best management practice that is to remain after the redevelopment and that meets current stormwater management requirements shall be deducted from the total amount of impervious surface that must be treated by new stormwater best management practices. In the case of a redevelopment project, the pre-developed land cover shall be wooded. Note: Routine Maintenance includes but is not limited to parking lot or driveway sealing or milling, roof repairs, replacement of a small number of boards on a deck. Routine Maintenance does not include complete replacement of deck boards or patio material. 8

“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 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. “Retention standard”/ “retention storm” means retaining onsite through green infrastructure or reuse, one-half of the existing 2-year rainfall for Essex County, multiplied by the projected 2-year storm change factor, as defined in Table 6: entitled “Future Precipitation Change Factors”. “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. “Solid and floatable materials” means sediment, debris, trash, and other floating, suspended, or settleable solids. “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

zation 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. 9

“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 runoff” means water flow on the surface of the ground or in storm sewers, resulting from precipitation. “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. “TMDL” means Total Maximum Daily Load formally established pursuant to N.J.S.A 58:11A-7 and 33 U.S.C 12512 et seq. A TMDL is the sum of individual waste load allocations for point sources, load allocations for non-point sources of pollution, other sources such as tributaries or adjacent segments, and allocations to a reserve or margin of safety for an individual permit. “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

g 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. “Township” means the Township of West Orange. “Urban Coordinating Council Empowerment Neighborhood” means a neighborhood given priority access to State resources through the New Jersey Redevelopment Authority. 10