[HISTORY: Adopted by the Mayor and Council of the Borough of Fanwood 5-9-2006 by Ord. No. 06-08R. Amendments noted where applicable.]
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
This chapter shall be applicable to any development not classified as a major development under Chapter 255, Stormwater Control for Major Developments, hereafter referred to as a "nonmajor development."
A. 
Stormwater management for nonmajor developments shall be reviewed by the Borough Engineer in conjunction with any application submitted to the Planning Board, including site plans, subdivisions and variances. In addition to materials required under Chapter 184 of the Borough Code, the applicant shall submit topographical information, design calculations, soil boring logs and other information related to stormwater management, if requested by the Borough Engineer. The Planning Board may specify stormwater management measures as conditions of approval.
B. 
In cases where a nonmajor development does not require Planning Board approval, but a building permit is required, the Borough Construction Official shall forward a copy of each application for a building permit to the Borough Engineer.
(1) 
If the Borough Engineer determines that the nonmajor development involves the construction or installation of an impervious surface of less than 200 square feet, the Borough Engineer shall notify the Construction Official who then may proceed with the normal business of issuing a building permit without further consideration of stormwater management.
(2) 
If the Borough Engineer determines that the nonmajor development involves the construction or installation of an impervious surface of 200 square feet or more, the Borough Engineer shall review the application for stormwater management. The Borough Engineer shall return the application to the Construction Official with appropriate comments and/or requirements to be incorporated as conditions of the issuance of the building permit.
(3) 
Any party aggrieved by any decision of the Borough Engineer acting under this chapter as part of the building permit process shall have the right to petition the Mayor and Council to review the Borough Engineer's decision. If the Mayor and Council decide that, due to the peculiar or unique circumstances of the matter, strict compliance is not practical or would create an undue hardship, then the Mayor and Council may, on such terms and conditions as they deem appropriate, waive any requirements set forth by the Borough Engineer.
C. 
In those cases where the nonmajor development requires neither the approval of the Planning Board nor issuance of a building permit, the nonmajor development shall be exempt from the requirements of this chapter.
Except in particularly unusual situations to be determined by the Borough Engineer, use of the following design standards for a nonmajor development shall satisfy the requirements of this chapter:
A. 
Route each new downspout to prefabricated, high-density polyethylene drywells with a nominal storage capacity of approximately 100 gallons.
B. 
Route each new downspout to a stone-filled infiltration trench with a volume of approximately 36 cubic feet (three feet wide, three feet deep and four feet long).
C. 
Route each new downspout to a rain garden with a minimum area of 150 square feet.
D. 
Existing downspouts may be similarly routed to offset increased runoff from new patios, driveways and other increases in impervious coverage.
E. 
In each of the foregoing instances, provisions shall be made for overflow of excess drainage. Overflows shall be discharged to downstream pervious areas as sheet flow. Direct piping of downspouts to the curb will only be allowed in situations where sheet flow is impractical or would create hazards to property.
F. 
All facilities shall be designed in accordance with acceptable engineering practices subject to the approval of the Borough Engineer. The Borough Engineer will supply greater specification of these design guidelines upon request. The applicant's engineer may submit alternate designs, which shall be subject to the approval of the Borough Engineer if he/she finds that they are reasonably consistent with this section.
The owner of any installation or system installed under this chapter to control or regulate stormwater runoff shall properly maintain such installation or system to ensure its correct functioning.
Any person who erects, constructs, alters, repairs, converts, maintains, or uses any building, structure or land which is part of a nonmajor development, in violation of this chapter, shall be subject to the penalties prescribed under §§ 184-193 and 184-194 of the Borough Code.