Helping developers navigate NJ's new green infrastructure rules
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Webinar hosted by New Jersey Future and the New Jersey Builders Association on May 28, 2020
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Helping developers navigate NJ's new green infrastructure rules
- 1. Helping developers navigate the new green infrastructure rules We’ve got to do what now? Architect: Marchetto Higgins Stieve Photographer: Don Pearse
- 2. Poll Time
- 3. AGENDA • Key changes to NJDEP’s Stormwater Rules (NJAC 7:8) • How to use the Developers Green Infrastructure Guide 2.0 • Strategies for overcoming challenging site conditions with green infrastructure. • Extended Q&A
- 4. Send in your questions through the Q&A button on your control panel. What's the tough question about green infrastructure you wish someone would ask?
- 8. Architect: Marchetto Higgins Stieve Photographer: Don Pearse
- 10. Stormwater Management Rule Amendments Adopted 3-2-2020 Jim Murphy Bureau of Nonpoint Pollution Control Division of Water Quality New Jersey Department of Environmental Protection
- 11. Topics • Three Key Rule Changes • Interim Activities • BMP Updates • Training
- 12. Key Changes under the Rule Amendments • Definition Changes and Additions • Green Infrastructure • Major Development • Green Infrastructure Standard • Clarify Applicability of Water Quality Standard
- 13. Green Infrastructure Definition N.J.A.C. 7:8-1.2 Means a stormwater management measure that manages stormwater close to its source by: 1. Treating stormwater runoff through infiltration into subsoil; 2. Treating stormwater runoff through filtration by vegetation or soil; or 3. Storing stormwater runoff for reuse.
- 14. Definition Changes Under N.J.A.C. 7:8-1.2 • Added definition of “regulated motor vehicle surface” • Added definition of “regulated impervious surface” • Changed definition of major development • 1 acre or more of disturbance since 2/2/04; or • ¼ acre of regulated impervious surface since 2/2/04; or • ¼ acre of regulated motor vehicle surface since 3/2/21
- 15. Application of Water Quality Standard • “Old” Rule – Impervious Surfaces • New Rule - Motor Vehicle Surfaces • Rule text does not require roofs or sidewalks to be treated – consistent with current implementation • Included in Definition of Major Development
- 16. Green Infrastructure Standard N.J.A.C. 7:8-5.3 • GI BMPs must be used to satisfy recharge, quantity, and quality • 3 Tables identifying the performance of each BMP in meeting the standards • Table 5-1: Recharge, Quality, and Quantity Control • Table 5-2: Quantity Control (Recharge & Quantity w/Waiver or Variance) • Table 5-3: Recharge, Quality, and Quantity Control ONLY with Waiver or Variance • Maximum Contributory Drainage Area Limitations specified • Maintain existing ability to propose an alternative stormwater design. Alternative design must meet GI definition and must meet drainage area limitation if similar to BMP with limit.
- 17. Table 5-1: GI BMPs for recharge, quantity, and quality Best Management Practice Quality TSS removal rate (percent) Quantity Recharge Minimum separation from seasonal high water table (feet) Cisterns 0 Yes No - Dry Wells 0 No Yes 2 Grass Swales 50 or less No No 2 Green Roofs 0 Yes No - Manufactured Treatment Device (MTDs) 50 or 80 No No Dependent upon the device Pervious Paving Systems 80 Yes Yes No 2 1 Small-scale Bioretention Systems 80 or 90 Yes Yes No 2 1 Small-scale Infiltration Basins 80 Yes Yes 2 Small-scale Sand Filters 80 Yes Yes 2 Vegetative Filter Strips 60-80 No No - Drainage area limitation applies to: dry wells, MTDs, pervious paving system, and small-scale bioretention, infiltration, and sand filters. Table 1 only includes MTDs that meet the definition of GI
- 18. Best Management Practice Quality TSS removal rate (percent) Quantity Recharge Minimum separation from seasonal high water table (feet) Bioretention Systems 80 or 90 Yes Yes No 2 1 Infiltration Basins 80 Yes Yes 2 Sand Filter 80 Yes Yes 2 Standard Constructed Wetlands 90 Yes No N/A Wet Ponds 50-90 Yes No N/A Table 5-2: GI BMPs for quantity (recharge and quality only with waiver or variance) Wet ponds used under Table 2 must be designed to have native vegetation and a reuse component
- 19. Best Management Practice Quality TSS removal rate (percent) Quantity Recharge Minimum separation from seasonal high water table (feet) Blue Roofs 0 Yes No N/A Extended Detention Basins 40-60 Yes No 1 Manufactured Treatment Device 50 or 80 No No Dependent upon the device Sand Filters 80 Yes No 1 Subsurface Gravel Wetlands 90 No No 1 Wet ponds 50-90 Yes No N/A Table 5-3: BMPs that may only be used if a waiver or variance is granted
- 20. Under the New Rule… • Be Cognizant of Prior Disturbance • Consider the Date(s) in terms of Major Development Definition • Runoff Must be Treated Close to the Source • Motor Vehicle Surfaces • https://www.nj.gov/dep/rules/adoptions.html
- 21. Interim Activities • Amended Rules adopted: March 2, 2020 • Amended Rules operative: March 2, 2021 • Grandfathering provisions: see NJAC 7:8-1.6(b) • Municipal stormwater ordinances must be revised and in effect by March 3, 2021. • Updated model ordinance posted on DEP web page
- 22. NJ Best Management Practices Manual - Updates Comment Period Closed 5/1/20: • Chapter 5 – Stormwater Mgmt. Quantity and Quality Standards and Computations • Chapter 12 – Soil Testing Criteria Recently Posted Final Updates: • Chapter 13 – Groundwater Table Hydraulic Impact Assessments for Infiltration BMPs • Appendix D – Model Municipal Stormwater Ordinance
- 23. NJ Best Management Practices Manual - Updates Edits in Progress: • Chapter 3 – Munic. and Regional SW Mgmt Planning • Chapter 4 – Stormwater Pollutant Removal Criteria • Chapter 9 – GI BMPs • Chapter 10 – GI BMPs with Waiver • Chapter 11 – Non-GI BMPs BMP Manual: https://www.njstormwater.org/bmp_manual2.htm
- 24. NJDEP Training • Design Reviewer Training • 2-days, re-scheduled for July • Fall Training – impacts of adopted Rule • Training website: https://www.njstormwater.org/training.htm
- 25. Thank you! Jim Murphy Stormwater Management Unit Bureau of Nonpoint Pollution Control Division of Water Quality James.Murphy@dep.nj.gov 609-633-7021
- 26. Send in your questions through the Q&A button on your control panel. What's the tough question about green infrastructure you wish someone would ask?
- 28. What is the purpose of the guide?
- 29. What is the purpose of the guide? • To help developers understand and navigate the new rule adoption as well as upcoming changes to the companion BMP Manual
- 30. What is the purpose of the guide? • To help developers understand and navigate the new rule adoption as well as upcoming changes to the companion BMP Manual • Illustrate how the new rule is a positive change from the current status quo
- 31. What is the purpose of the guide? • To help developers understand and navigate the new rule adoption as well as upcoming changes to the companion BMP Manual • Illustrate how the new rule is a positive change from the current status quo • Highlight common practices which have been removed and benefits to be gained
- 32. What Is In and What Is Out? IN: Decentralized green infrastructure OUT: Gray and exclusively “End of Pipe” stormwater basins BENEFIT: More efficient systems with potential for greater project yield
- 33. What Is In and What Is Out? IN: Infiltration “Counts” OUT: Redundancy in engineering calculations BENEFIT: Smaller more accurately sized systems save on construction costs and increase developable area
- 34. What Is In and What Is Out? IN: Objective mathematical standards OUT: Subjective review criteria BENEFIT: Predictable and efficient permitting and approval process “Maximum Extent Practicable”
- 36. There are Eight Chapters in the Guide • NJ Stormwater Rules and Requirements • Types of Green Infrastructure • Pre-Rule Change Vs. Post- Rule Change Side-By-Sides • Addressing Challenges, Solving Problems • Case Studies – Industrial, Mixed Use, Multi-Family, Healthcare • Benefits of Green Infrastructure • Frequently Asked Questions • Resource List
- 37. Kemble Park Bioswale Image Credit: E&LP Associates
- 40. Shoemaker Green Image Credit: Andropogon Associates
- 47. Molly Dodd Anderson Library Image Credit: Viridian Landscape Studio
- 52. Ed Confair, PE, PLA Senior Program Manager, Resiliency E&LP Associates econfair@elp-inc.com 215-330-4113 Ext. 311
- 53. Common/Perceived GI Challenges • Limited room • Shallow seasonal high water table • Poor soils • Urban redevelopment • Brownfields • No receiving storm sewer or waterway
- 54. Limited Room
- 55. Limited Room
- 60. Brownfields • Lined GI works: • Porous Pavement • Bioretention • Wet Ponds
- 61. Warehouse • Roof Recharge • Pervious Concrete • Perimeter Bioretention • Wet Ponds
- 62. Industrial PROJECT Fratelli Beretta Mount Olive, NJ CUPOLEX DESIGN Infiltration tank formed with CUPOLEX RIALTO®. STORAGE VOLUME 590m3 (21,000 cu.ft) PROJECT REFERENCES
- 63. Thank You!
- 64. Contact Us George Vallone President The Hoboken Brownstone Company 2015 President NJ Builders Association gvallone@hbrownstone.com James Murphy Supervising Environmental Engineer NJ Department of Environmental Protection James.Murphy@dep.nj.gov Edward Confair, PLA, PE Senior Program Manager, Resiliency E&LP Associates econfair@elp-inc.com Jeromie Lange, PE Senior Principal Maser Consulting jlange@maserconsulting.com Kandyce Perry Planning and Policy Manager New Jersey Future kperry@njfuture.org
- 65. NOW LIVE! CHECK IT OUT! NEW STORMWATER RULE. NEW GUIDANCE.
Notes de l'éditeur
- Who are you?
- KP Welcome NJF messaging: Slide 4: NJF envisions great places to live, work, and play--free from flooding and water pollution with open spaces, etc. etc.
- KP GI important tool to accomplish these goals
- KP To ensure this important paradigm shift, needed builders partnership We learned from the builders how the old regulations discouraged GI. Worked with them and their professionals, environmental partners and DEP to craft new approach. Excited to share it with you.
- George Excited to share new resources with you
- George To learn more, come see us at ABC.
- SLIDE 1 First, thank you to NJFuture and the NJBA for the opportunity to present today and talk about some of the key components of the Department’s adopted amendments to the Stormwater Rule under NJAC 7:8. I would just like to add that these changes were made with a significant amount of stakeholder input, including many of the panelists here today, not to mention NJFuture and the NJBA. NEXT SLIDE
- SLIDE 2 Given the limited time, I’ll touch on three key components of the adopted rule, address the interim activities until the rule becomes effective, and give an update on where the Department is with respect to Modifications to the Stormwater Best Management Practices (BMP) Manual, and future rule topics and training opportunities. NEXT SLIDE
- SLIDE 3 Key Changes under the rule include New definitions and changes to existing definitions, in particular I’ll address “Green Infrastructure” and “Major Development”, I’ll talk about the Green Infrastructure Standard, and lastly, address how the applicability of the Water Quality Standard is going to change. Remember—under this rule there is no change to the standards. This rule replaces the requirement to use Nonstructural Management Strategies to the “maximum extent practicable” to meet groundwater recharge standards, stormwater runoff quantity standards, and stormwater runoff quality standards, with the requirement to use Green Infrastructure to meet those same standards. So, while the standards ARE NOT changed, how you go about meeting them has been changed. NEXT SLIDE
- SLIDE 4 I’ll start off with the GREEN INFRASTRUCTURE definition defined under Subchapter 1.2. In addition to the criteria listed, part of this definition specifies that the GI manages stormwater CLOSE to its source, so don’t overlook that phrase, as it plays an important part in this rule. Along with the BMP being close to its source, the GI has to treat the stormwater runoff or store it for reuse. NEXT SLIDE
- SLIDE 5 Other Changes in the Section 1.2 include adding “regulated motor vehicle surface” and I’ll get to the basis for that in a little bit, plus adding “regulated impervious surface.” Lastly, as you can see on the slide, we changed the Definition of “Major Development” in an effort to more clearly express what activities are taken into account in determining if a proposed development ultimately causes impacts equal to or greater than the thresholds established in the definition. Defining these new terms is intended to better describe those activities that have impacts that are intended to be subject to review under the Stormwater Management rules. The Department incorporated into the new definition the specific timeframe within which prior development must be considered in conjunction with the proposed new development to determine the ultimate impact of the development. The dates are now clearly specified within the definition in an effort to cut down on attempts to circumvent regulation by phasing or dividing projects into pieces that, individually, are below the threshold of major development. NEXT SLIDE
- SLIDE 6 I mentioned we are not changing the standards, just how the Water Quality standard is applied. Since motor vehicles are a significant source of TSS, WQ applies to the impervious surfaces constructed for these vehicles, and this is consistent with how water quality was triggered in the past. Roofs and sidewalks still need to be accounted for in terms of quantity and recharge, but not in terms of quality. Again, the motor vehicle surface term has been incorporated into the definition of Major Development. NEXT SLIDE
- SLIDE 7 The rules now requires GI be used to address the requirements for groundwater recharge, quantity control and water quality. Subsection 5.3 of the rules includes 3 tables, and lists those BMPs within the NJ BMP Manual. The tables specify information on how each BMP may be used. Since GI must be located close to the source and treats or stores runoff, some of these BMPs have an explicit drainage area limit stated or the design has an aspect that limits how much runoff it can treat or store. Municipalities will still have the ability to approve other designs, but they must match the GI definition and follow the other limitations. NEXT SLIDE
- SLIDE 8 Table 5-1 is the GI BMPs. All of the tables show columns indicating whether a BMP can be used for water quality, runoff quantity control and recharge. The last column is the clearance required from the SHWT, assuming the soil testing procedures in the new Ch 12 of the BMP Manual have been followed correctly. Some of the BMPs cannot receive runoff from vehicular surfaces and therefore do not address water quality, like Cisterns and green roofs. Others do not attenuate the discharge of stormwater runoff from the larger design storms, so they cannot meet the quantity control requirement, like dry wells. There are even certain MTDs with a vegetative or soil component, are GI. But not all MTDs are GI. These small-scale systems here have a limited area they can treat. NEXT SLIDE
- SLIDE 9 These BMPs can be used to address stormwater runoff quantity control. These can have drainage areas that are a bit larger or are typically located a bit further from the source, and may only be used to meet water quality and recharge if a waiver or variance is granted. NEXT SLIDE
- SLIDE 10 These BMPs always require a waiver or variance before they can be used. It is not anticipated that they will be used much in the future because of what is required in order to grant a waiver or approve a variance. Blue roofs don’t have a reuse component, and extended detention basins are typically large and require additional treatment to meet water quality standards. The bulk of MTDs do not have a soil or vegetative component, so they fall onto this list. We don’t see many subsurface gravel wetlands, and these wet ponds have a 20 acre minimum drainage area requirement with no re-use requirement. NEXT SLIDE
- SLIDE 11 So just a couple things to remember under these newly adopted Rule Amendments. Prior disturbance since 2004 and on, in combination with any newly planned disturbance, may cause the project to be considered a Major Development. GI is required and stormwater runoff must be treated close to its source. For Water Quality, it’s Motor Vehicle Surfaces and not impervious surfaces under the modified definition. TO See the Rule Proposal and Rule Adoption Documents-which includes the Response to Comments—take a look at the noted web link to find those documents. NEXT SLIDE
- SLIDE 12 One aspect of this new rule is that it has a one-year delayed operative date, and does not become effective until March 2 of 2021. In terms of development, there are grandfathering provisions specified under Subsection 1.6(b) of 7:8. These provisions address both local approvals and, where needed, department approvals, in terms of what can be grandfathered-in under the “old” version of the rules. I can’t go through each aspect, but one component to be grandfathered would be to have “preliminary or final site plan approval” and if you need a department permit, you must have submitted a “technically complete permit application” before the March 2, 2021 timeframe. For more information please take a look at the provisos under 1.6. In terms of activities at the municipal level, the municipalities have been notified by the Department that their Stormwater Control Ordinances (or SCOs) must be updated consistent with the amended rule. The Department has already completed and posted an updated model SCO on its web page, and that is available for municipalities to use. Also note that under their MS4 permits, a municipality is required to post their SCO to its web page. NEXT SLIDE
- SLIDE 13 In terms of BMP Manual updates, the Department’s comment period on subchapters 5 and 12 recently closed on May 1st, and we are in the process of reviewing the comments and making changes as appropriate to those chapters. The final versions of those chapters will be posted probably before the end of June. As you can see in the slide, some final chapters were recently posted, Chapter 13 relative to Groundwater Impacts as well as the updated Model SCO under Appendix D were posted. NEXT SLIDE
- SLIDE 14 Continuing with the BMP Manual, we are still working on our edits and updates to Chapters 3, 4, 9, 10,and 11, as noted, and once they are finished they will be published as well. Any information on postings or updates will be included on the web link noted. NEXT SLIDE
- SLIDE 16 In Terms of Training The DEP is still having it’s two-day Design Reviewer Training Originally scheduled for May, it has been rescheduled for July, so stay tuned on any possible date changes for this training. The July training will still be focused on the rule prior to amendments, but we are planning on the same training in the Fall to include and incorporate information relative to project reviews and the impact of the March 2020 rule adoption. Please keep an eye on the web page noted for updates on all Stormwater Related training events and Information. NEXT SLIDE
- Print Version
- The guide will be available in print format. This is the Web Version. The content in both version of the guide is identical. The website will continue to be a living document to be updated regularly.
- There are eight sections to the guide. I am going to focus on aspects of the first three with the time I have. I do want to give a brief overview of what is in each first though. NJ Rules and Requirements – Jim just went through these so I won’t belabor this section, but I am going to highlight a couple key pieces in the print and online guide in a moment Types of green infrastructure – This is a high level overview of the different BMPs included in the Tables 5.1, 5.2, and 5.3 of the new rule with a decision making tool to help identify which is best for your project, I’ll have more on this in a moment as well. Pre-Rule vs. Post-Rule – we believe this is an important section in the guide as it highlights real projects with tangible benefits gained through application of the new rule Addressing Challenges, Solving Problems – If you have a brownfield redevelopment or other site constraint this is the chapter for you Case Studies – Green infrastructure has been done before and in NJ to great effect. We’ve highlighted examples of different types of developments. Each study highlights not only the design summary but the decision making process, challenges encountered, and approach to maintenance Benefits of Green Infrastructure – Looks at the financial, community, and environmental benefits to GI FAQs – in conjunction with the Addressing Challenges and Solving problems chapter we feel like we’ve addressed all of the typical issues or questions we frequently hear about the application of green infrastructure Resource List – The guide frequently references resources for further reading and all of those references are captured here
- We’re going to look at The Stormwater Rules and Requirements chapter more closely.
- The web version of the guide has a dedicated page to giving a high-level overview of the content of the new rule
- It also covers the main tables included in the rule 5-1, 5-2, and 5-3
- In the Types of green infrastructure chapter I want to highlight a BMP decision making tool we’ve developed
- In the print version of the guide there is a full page spread given to helping you navigate the various decisions you and your team of design professionals will have to evaluate during a project.
- This feature is more interactive on the webpage and is also mobile friendly. You can see it starts off with the primary question at the bottom – are you a major development under the new rule?
- Questions proceed based on your answer. In this case we answered yes to having more than a quarter acre of impervious coverage with vehicular traffic.
- Questions continue
- Until the final display lets you know which BMPs are applicable to your project to treat quantity, quality, and recharge.
- You can even click on any of the BMPs listed to get a representative photo and description for more information
- The last section we’re going to look at in a little more detail is the side-by-side comparisons chapter
- The print guide shows a straightforward side-by-side comparison for how the same site can be developed under the old rules and now the new ones.
- Like with the decision making tool the web version is more dynamic and interactive. You will notice a slider on the image.
- You can see as the slider is pulled across the image you start to see the application of GI in the blue, and pink highlights. And the increased developable area in the yellow.
- Once the slider is all the way to the left you can now see the dispersed nature of the GI and in this commercial property case an additional quick service restaurant gained.
- Not always a perfect setting - Review list – slide advance “Let’s start with limited room”
- Here is a site example - Discuss the many shapes – slide advance “also works in a roadside area”
- Here is a roadside example can be structural, underdrained – slide advance “Next are some other solutions for shallow groundwater and poor soils”
- Combo of porous pavement and constructed wetlands – slide advance “Got water?”
- Work with nature – achieve more than just water quality – slide advance “another very flexible solution is porous pavement”
- Porous pavement can be one stop shopping, or be underdrainded in poor soils – slide advance “In urban redevelopment, bioretention can be a very flexible solution
- Biorentention can conform to islands and along perimeters – slide advance “The same is true for brownfield sites”
- The twist here is just to line and/or underdrain, to make many GI solutions work – slide advance “Speaking of challenges, I am often asked how can GI work on a warehouse project”
- Roof area is the toughest part due to the shear size. Underground recharge is a great solution in many forms – When can’t recharge, underdrained bioretention w/ check dams great solution – slide advance “Next is a completed project right here in NJ”
- This could just as easily be shaped to be the dolly pad in a warehouse development – slide advance “I am going to turn it back over to Kandyce to recap and wrap up”
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