N.J. Admin. Code § 7:13-12.2

Current through Register Vol. 56, No. 21, November 4, 2024

Section 7:13-12.2 - Requirements for stormwater management

(a) This section sets forth stormwater management requirements and specific design and construction standards that apply to any regulated activity associated with a major development, as defined in the Stormwater Management rules at 7:8-1.2.

(b) The Department shall issue an individual permit for a regulated activity associated with a major development only if the requirements of the Stormwater Management rules at N.J.A.C. 7:8 are satisfied.

(c) The Department shall issue an individual permit for a stormwater management basin located within or discharging within a flood hazard area only if the following requirements are satisfied:

1. The basin is designed and constructed to function properly during both flood and non-flood conditions;

2. The effects of flooding and tailwater conditions on any proposed discharge are accounted for in the stormwater management calculations for the proposed basin. Tailwater conditions refer to situations where the discharge pipe will be submerged during a flood in such a way that floodwaters prevent the basin from draining properly. The effects of flooding and tailwater conditions are of particular concern in one or more of the following cases:

i. The basin will be overtopped and flooded during the flood hazard area design flood, because it is not feasible to construct the emergency spillway in accordance with (c)3 below;

ii. The drainage area of the basin is similar in size to the drainage area of the water receiving the proposed discharge;

iii. The basin reaches its maximum storage volume during or near the time flooding peaks within the water receiving the proposed discharge; or

iv. The elevation of the lowest discharge orifice or weir in the basin lies below the flood hazard area design flood elevation;

3. If a basin is proposed within the flood hazard area, the emergency spillway shall be constructed above the flood hazard area design flood elevation where feasible, in order to prevent floodwaters from overtopping the berm and flooding the basin; and

4. If the elevation of the lowest discharge orifice or weir in the basin lies below the flood hazard area design flood elevation, the discharge pipe shall be equipped with mechanical devices where appropriate to prevent floodwater from backing up the pipe into the basin.

N.J. Admin. Code § 7:13-12.2

Amended and recodified from 7:13-11.2 by 48 N.J.R. 1067(a), effective 6/20/2016