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Borough of Mountain Lakes, NJ
Morris County
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Table of Contents
Table of Contents
This article shall be deemed essential and necessary to protect the public health, safety and welfare of the citizens of the Borough and the surrounding communities by accomplishing the following purposes:
A. 
Water management.
(1) 
Maintain infiltration of surface water for groundwater recharge.
(2) 
Improve quality of nonpoint runoff by water retention measures.
(3) 
Maintain the adequacy of natural stream channels and prevent accelerated bank erosion by controlling the rate, velocity, volume and location of runoff discharge.
B. 
Flood control.
(1) 
Preserve the adequacy of culverts and bridges by suppressing artificially induced flood peaks.
(2) 
Reduce public expenditures for replacement or repair of public facilities that would be made necessary by artificially induced flood peaks.
(3) 
Prevent damage to life and property from flooding resulting from excessive rates and velocities of runoff.
C. 
Ecology.
(1) 
Prevent degradation of stream biota, water and plant life, caused by excessive flushing and sedimentation.
(2) 
Prevent degradation of stream water quality due to impairment of the stream's biological function.
D. 
Environmental protection. Enhance and protect the character of the lakes and streams of the Borough, and control discharges to downstream communities.
[Amended by Ord. No. 3-90]
A. 
Regulation. There shall be no land area developed or altered which shall increase the quantity or velocity of stormwater emanating from the land area, except in accordance with an approved surface water management plan as provided by this article.
B. 
Applicability. This article and the requirements stated herein shall apply to any application which shall by any means increase the quantity of surface water runoff emanating from the land area except the development or alteration of any area by construction resulting in aggregate improved lot coverage of less than 5% of the area or 2,000 square feet, whichever is more restrictive.
C. 
Application for approval.
(1) 
In cases where the development or alteration of land involves the construction of a building or other facility requiring site plan approval or a construction permit, the construction official shall determine whether the development involves construction resulting in aggregate improved lot coverage equal to 5% or more of the area or 2,000 square feet, as aforesaid.
(a) 
If the extent of the development or alteration to be undertaken by the applicant is found to be exempt, the construction official may proceed with the next step toward the issuance of a construction permit.
(b) 
The construction official may waive the surface water management plan requirement if, after reviewing the application for any single-family house, he determines that surface water runoff hazards are not significant. If he has any doubt about this waiver, he shall refer the question to the Planning Board.
(c) 
If the extent of the development or alteration to be undertaken requires approval with regard to the provisions of this article, or if the application would otherwise require approval by the Planning Board, the applicant shall proceed to submit a surface water management plan and other data as outlined herein to the Planning Board at the same time the plans for development or alteration are submitted.
D. 
Data required. For engineering review by the Borough Engineer and submission to the Planning Board, the surface water management plan shall contain:
(1) 
The inventory of the site showing all natural and man-made drainage features such as berms, culverts, terraces, grass waterways, favorable hydrologic soils, poorly drained soils, swamps, swales, watercourses, woodlands, stream encroachment lines, floodplains.
(2) 
The size of the watershed and location of the site within the watershed.
(3) 
Computations of the total surface water runoff before, during and after the disturbance of land and/or construction of impervious surfaces.
(4) 
A schedule of the sequence of installation of the surface water management plan, relating to the starting and completion dates of the project.
E. 
General standards. In the preparation of a surface water management plan, the following general standards shall be adhered to:
(1) 
All facilities shall be designed in accordance with acceptable engineering practice and standards and are subject to the approval of the Borough Engineer.
(2) 
The peak rate and velocity of runoff from the site following completion of the planned development shall not exceed that which:
(a) 
Prevailed under previous cover (zero increase runoff).
(b) 
Would prevail under total coverage in a meadow of good hydrologic condition or permanent meadow, as defined by Soil Conservation Service Standards, whichever produces the least amount of runoff.
(3) 
All facilities shall be designed to accommodate a volume of runoff produced by 7  1/2 inches of rainfall over a twenty-four-hour period or three inches of rainfall over a one-hour period, whichever results in a greater storage requirement.
(4) 
Volume of runoff from the site shall be controlled through on-site stormwater detention and/or ground absorption systems.
(5) 
Appropriate use shall be made of presently existing surface water runoff control devices, mechanisms or areas such as existing berms, terraces, grass waterways, favorable hydrologic soils, swamps, swales, watercourses, woodlands, floodplains, in accordance with their functional capability.
(6) 
Evaluation shall be made of the nature of the watershed of which the site is a part.
(7) 
The plan shall coordinate with the soil erosion and sedimentation control plan and with the environmental impact statement plans for the site in question.
(8) 
To the greatest possible extent, the plan shall avoid the concentration of flow and shall provide for dissipation of velocities at all concentrated discharge points.
(9) 
All structures and land treatment practices shall conform to the latest edition of Standards and Specifications for Soil Erosion and Sediment Control in New Jersey, adopted by the Morris County Soil Conservation District. All outfalls shall be designed in a manner to retard velocities at the outfall and provide stream channel protection. Drainageways and watercourses which normally carry or receive surface water runoff shall not be overloaded with increased runoff, sediment or other pollution resulting from disturbance of soil and vegetation or incident to development, construction or other activity.
(10) 
The plan shall identify, and include a schedule for the establishment of, temporary and permanent stormwater management measures to include seeding and established vegetative cover. All water-carrying structures and/or retention areas shall be completed and stabilized prior to diversions of water to them.
(11) 
Due consideration shall be given to the relationship of the subject property to the natural or established drainage pattern of the watershed of which it is a part. Surface water runoff controls shall be designed to assure that the land in question uses no more than its proportionate watershed share of the natural stream and culvert capacity.
(12) 
Innovative surface water runoff control and recharge devices may be proposed, such as rooftop storage, drywells, cisterns, roof drain infiltration trenches, provided they are accompanied by detailed engineering plans and performance capabilities.
(13) 
The curbing requirement may be relaxed by the Borough Engineer in the interest of acceptable drainage accommodation that will relieve concentration of flow or discharge to a stormwater drain system.
(14) 
Areas to be left undisturbed shall be physically marked with survey stakes or protected with temporary snow fence prior to any land disturbance.
A. 
Surface water management plans shall be reviewed by the Planning Board with the advice and assistance of the Borough Engineer, Environmental Commission, Health Commission and any other agencies as may be appropriate.
B. 
The Planning Board shall make a determination on such plans within 45 days of receipt of a complete application unless the Planning Board and the developer mutually agree upon an extension of the review time.
C. 
The Planning Board, upon completing its review of the application and data, shall either approve, tentatively disapprove or disapprove the application. Upon approval, the construction official may proceed with the next step toward the issuance of a construction permit. If tentatively disapproved, the application and data shall be returned to the applicant for resubmittal.
D. 
If the Planning Board determines that the proposed land disturbance or construction will generate no surface water runoff that will not be managed in accordance with the provisions of this article, and will not be detrimental to the public health, safety and general welfare in light of the paramount interest in the prevention of conditions which may result in surface water runoff damage, the Board shall approve the plan.
E. 
If the Planning Board determines that the proposed land disturbance or construction will generate surface water runoff which will not be managed in accordance with the standards of this article or which will be detrimental to the health, safety and general welfare in light of the paramount public interest in the prevention of the conditions which may result in surface water runoff damage and environmental degradation, the Board shall tentatively disapprove the application. The Planning Board may also, at its sole discretion, disapprove the application.
Any person carrying out surface water management measures under this article, and all subsequent owners of the property upon which such measures have been carried out, shall ensure the correct functioning of such measures. The Planning Board may require that maintenance bonds be posted as set forth in § 208-9B.