[HISTORY: Adopted by the Borough of Rutherford Council 4-7-1992 by Ord. No. 2641-92. Amendments noted where applicable.]
Flood damage prevention — See Ch. 37.
Land subdivision and site plan regulations — See Ch. 50.
Land use procedures — See Ch. 51.
Soil removal — See Ch. 102.
State-mandated stormwater control — See Ch. 107A.
Zoning — See Ch. 131.
The general intent of this chapter is to manage the increased rate and velocity of surface water runoff created by certain alterations of the ground cover and natural runoff patterns.
This chapter is deemed essential and necessary to protect the public health, safety and welfare of the citizens of the Borough of Rutherford and the surrounding communities by accomplishing the following purposes:
To reduce flood damage to public health, life and property.
To minimize increased stormwater runoff from any new land development.
To maintain the adequacy of existing and proposed culverts and bridges.
To induce water recharge into the ground where practical.
To prevent, to the greatest extent feasible, an increase in non-point-source pollution.
To maintain the integrity of stream channels for their biological functions as well as for drainage and other purposes.
To reduce the impact of development upon stream erosion in areas where this would be detrimental.
To reduce erosion from any development or construction project.
To minimize the increases in runoff pollution due to land development which otherwise would degrade the quality of water and might render it both unfit for human consumption and detrimental to biological life.
To preserve and protect water supply facilities and water resources by means of controlling harmful flood discharges, stream erosion and runoff pollution.
To reduce public expenditures for replacement or repair of public facilities resulting from artificially induced flood peaks.
Any and all other purposes set forth in N.J.S.A. 40:55D-93 are herein incorporated into this chapter.
Word usage. Unless otherwise expressly stated, the following terms shall, for the purpose of this chapter, have the meanings herein indicated. Words used in the present tense include the future; the singular number includes the plural, and the plural the singular; the word "person" includes a corporation as well as an individual.
Terms defined. For the purposes of this chapter, the terms and words listed in this section shall have the same meanings herein given. Terms and words not defined herein shall have, for the purposes of this chapter, the meanings given them in Chapter 37, Flood Damage Prevention; Chapter 50, Land Subdivision and Site Plan Regulations; and Chapter 131, Zoning, as the same now reads or may be amended. Terms and words not defined herein or in these chapters but defined in the Municipal Land Use Law shall have, for the purposes of this chapter, the meanings given them in the Municipal Land Use Law, its amendments or supplements thereto. Terms and words not defined in any of the foregoing sources shall have the meanings established by common usage of the words unless the context herein clearly indicates the contrary. The following words and phrases shall have the following meanings when used herein:
- Any person, partnership, corporation or public agency requesting permission to engage in land disturbance activity, construction or development.
- APPROVED PLAN
- A plan to control stormwater runoff approved by the Borough of Rutherford Planning Board or Zoning Board of Adjustment.
- The Planning Board of the Borough of Rutherford except where the Board of Adjustment is authorized to act pursuant to N.J.S.A. 40:55D-76b, in which case it shall mean the Board of Adjustment of the Borough of Rutherford.
- A watercourse with definite bed and banks which confine and conduct continuously or intermittently flowing water.
- CONSERVATION EASEMENT
- An agreement or covenant running with the land which prohibits all land or vegetation disturbance in favor of a permanent dedication to natural open space, each agreement to be entered into between the applicant and the Borough.
- DESIGN STORM
- The most intense probable precipitation to occur in a given region in a twenty-four-hour period, with a frequency of once in one, five, 25 or 100 years.
- DRAINAGE RIGHT-OF-WAY
- The lands required for the installation of stormwater sewers or drainage channels are required along a natural stream or watercourse for preserving the channel and providing for the flow of water therein to safeguard the public against flood damage in accordance with the provisions of N.J.S.A. 58:1, 13:1A-8 and 13:1A-12. 
- Any watercourse, trench, ditch, depression or other hollow space in the ground, natural or artificial, which collects or disperses surface water from land.
- The Borough Engineer or his designee.
- ENVIRONMENTALLY CRITICAL AREA
- Any area which should not be disturbed by uses incompatible with the paramount public interest in the prevention of surface water runoff and attendant environmental damage. Examples of "environmentally critical areas" include but are not limited to lakes, ponds, floodplains and flood hazard areas, designated stream corridors, steep slopes, highly erodible soil wetlands, swamps, bogs, marshes, aquifer recharge and discharge areas and heavily wooded areas.
- LAND DISTURBANCE
- Any activity involving the clearing, grading, transporting, filling of land and any other activity which alters land, topography or vegetative cover.
- NATURAL DRAINAGE FLOW
- The topographical pattern or system of drainage of surface water runoff from a particular site, including the various drainageways and watercourses which carry surface water only during periods of heavy rains, storms or floods.
- Surface water entering a channel from no definable discharge source.
- The part of precipitation as well as any other flow contribution which appears in surface streams or watercourses, natural or artificial.
- SEASONAL HIGH-GROUNDWATER TABLE
- As shown in the Bergen County Soil Survey, subject to field investigation.
- SURFACE WATER
- All water produced by precipitation, flood, drainage, springs, seeps or other man-made discharge flowing over the land or contained within a natural or artificial watercourse.
- SURFACE WATER MANAGEMENT PLAN
- A plan prepared by a New Jersey licensed professional engineer, consistent with the purposes and policies of this chapter, which fully indicates necessary land treatment measures and techniques, including a schedule for implementation and maintenance and discharge calculation.
- SURFACE WATER RUNOFF
- That part of runoff which travels over the ground surface and through channels, natural and artificial.
- SURFACE WATER RUNOFF DAMAGE
- All damage or harm to property values, land, vegetation and water supplies, including but not limited to flooding, soil erosion, siltation and other pollution of watercourses and diminished recharge of groundwater supply, which damage results or is likely to result when the dispersion of surface water typical of the land in a meadow of good hydrologic condition is increased in rate, velocity or quantity.
- All rivers, streams, brooks, waterways, lakes, ponds, marshes, swamps, bogs and all other bodies of water, natural or artificial, public or private, which are contained within, flow through or border on the Borough or any portion thereof.
- An area of surface water runoff related to a point of concentration, such as the topographically determined confluence with another body of water or a man-made culvert, etc.
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
Except as may be hereinafter provided, this chapter shall be administered by the Planning Board of the Borough.
The surface water management plan shall be approved by the Planning Board prior to site plan approval, except as hereafter provided, and for any applications for preliminary approval of major subdivisions, as defined in Chapter 50, Land Subdivision and Site Plan Regulations, of the Code of the Borough of Rutherford, New Jersey.
No person shall engage in any land disturbance activity on any property within the Borough unless he shall have submitted a surface water management plan to the Planning Board and obtained approval of such plan and permit or a written waiver of necessity from the Planning Board.
The Planning Board may waive the need for a stormwater management plan upon recommendation of the Borough Engineer after finding that there is no appreciable increase anticipated in rate, velocity or duration of runoff based on plans and drainage calculations submitted.
The Board may waive the specific requirements of this chapter upon recommendation of the Borough Engineer where such waiver would be in the best interest of the Borough of Rutherford. Any waiver by the Borough of Rutherford does not waive the requirements of any other governmental agencies.
Approval by Planning Board.
The surface water management plan and all major amendments thereto shall be approved by the Planning Board after review and favorable report by the Borough Engineer as provided in this chapter.
The Planning Board, in approving said surface water management plan, may impose lawful conditions or requirements designated or specified thereon or in connection therewith. These conditions and requirements shall be provided and maintained as a condition to the establishment, maintenance and continuance of the use and occupation of the affected land.
Minor amendments to a surface water management plan may be approved by the Engineer, who shall notify the Planning Board of the nature and reason for the change.
The applicant shall submit a separate surface water management plan for any proposed site plan or major subdivision except as may be provided in § 107B-9. The surface water management plan shall be coordinated with the sedimentation and erosion control plan required pursuant to P.L. 1975, c. 251 (N.J.S.A. 4:24-39 et seq.), as amended. The plan shall contain but not be limited to the following data:
Lot and block numbers of the site as shown on the current Tax Map of the Borough.
The name and address of the owner of the site and of the applicant, if different from the owner.
A topographic survey of all watersheds tributary to and including the site. Said survey shall be drawn at a scale which, in the opinion of the Borough Engineer, is adequate to depict accurately all elements critical to the plan. The use of aerial topography available from the Borough is encouraged.
Mapping of hydrologic soil types as extracted from the latest edition of the Soil Survey of Bergen County, New Jersey, published by the United States Department of Agriculture.
An inventory of existing features, both natural and man-made, including topography, marshes, woods, agricultural lands, rock outcrops, impervious areas and the extent, location, description and rating of significant stormwater structures such as swales, ditches, streams, diversions, ponds, pipelines, culverts and other man-made devices.
The location, description and quantification of proposed changes to the site, including an inventory of land uses and other features which will alter runoff patterns, volumes and rates or which will otherwise have an impact upon the ability of soils, vegetation and drainage facilities to perform satisfactorily.
The designation of critical or other areas to be left undisturbed, shown in sufficient detail to be accurately marked on the land.
A computation of the total surface water runoff before and after the disturbance of land and/or construction of impervious surface.
The location, description and rating of proposed surface water facilities with details, as necessary, to illustrate the construction of all significant components.
Profiles and cross-sections of all streams, 500 feet upstream and downstream of the tract.
The construction sequence schedule for the implementation of the recommendations of the surface water management plan.
Additional data and information and revisions as required by the Planning Board.
Draft deed restrictions and agreements for joint ownership by the developer and his assigns of detention or retention facilities and drainage structures which are required by the development.
Detention and retention basins and other structures which are not to be within the right-of-way of roadways which will be dedicated to the Borough shall remain the property of and shall be maintained by the developer or his assigns.
Retention and detention basins and the land on which they are constructed and appurtenant structures shall be owned and maintained by a property owner's association which shall include all of the proposed lots in the development.
The Borough shall have the right to enter upon private property to inspect the condition of all drainage structures, including retention and detention basins, to determine if they are being maintained in a manner which will permit them to operate as designed.
In the event that maintenance is not being accomplished in an adequate and proper manner in the opinion of the Borough Council, the owners of the lands upon which such drainage structures exist may be served written notice setting forth the manner in which the owners have failed to maintain such drainage structures and including a demand that such deficiencies of maintenance be remedied within 45 days thereof and stating the date and place of a hearing thereon, which shall be held within 15 days of notice. At such hearing, the Borough Council may modify the terms of the original notice as to deficiencies and may give a reasonable extension of time, not to exceed 65 days, within which they shall be remedied. If the deficiencies set forth in the original notice or in the modification thereof shall not be remedied within said 45 days or any permitted extension thereof, the Borough Council may enter upon such land for the purpose of maintaining the drainage structures contained thereon.
The cost of such maintenance by the Borough shall be assessed pro rata against the properties within the development in accordance with assessed value at the time of imposition of the lien and shall become a lien and tax on said properties and be added to and be a part of the taxes to be levied and assessed thereon and shall be enforced and collected with interest by the same officers and in the same manner as other taxes.
A design of all retention and detention facilities containing a flood routing through the facility in the form of an inflow-outflow hydrograph using any of the following methods: Puls Method, Muskingum Method, Average Lag Method, Working Value Method or other method approved by the Borough Engineer. Inflow hydrograph shall be determined by Triangular or SCS Method, whichever is applicable, or other method approved by the Borough Engineer.
The plan's ability to comply with applicable state regulations, as formulated by the New Jersey Department of Environmental Protection.
Surface water management plans shall be reviewed by the Planning Board with the advice and assistance of the Engineer. The Planning Board's consideration of applications shall be guided by but not limited to the following factors:
The suitability of the applicant's proposed surface water management measures, devices and planning techniques, whether involving on-site or off-site measures, or some combination thereof, in respect to the total surface runoff, velocities and rates of discharge which the applicant's proposed construction or land disturbance may generate.
Existing and proposed topography, present vegetation and hydrologic soil features.
Groundwater recharge and discharge areas, wet soils and seasonal high groundwater table; alluvial, poorly drained and somewhat poorly drained soils.
The design storm.
Natural drainage flow and pattern throughout the subwatershed affected by the plan.
Land uses in both the immediate vicinity and the surrounding drainage region.
Any other applicable or relevant environmental and resource protection statutes, regulations and provisions of this chapter.
Any other factors relevant to the coordinated, adjusted and harmonious development of the site, vicinity, township and region.
If, after considering the above factors and after consultation with the Engineer, 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 standards of this chapter or 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 runoff damage, the Planning Board shall approve the plan and issue the necessary permit. If the Planning Board shall determine, after consultation as provided above, that the proposed land disturbance or construction will be detrimental to the public interest as defined above, the Planning Board shall deny the permit and shall clearly and concisely state the reasons.
The following are the minimum design standards acceptable to the Borough. Should the state or county agencies have jurisdiction in this area, the more stringent of all regulations shall apply.
The rate of surface water runoff from the site for one-year, five-year, ten-year, twenty-five-year and one-hundred-year frequency storms considered individually following project completion shall not exceed that which prevailed prior to disturbance.
Efforts shall be made to minimize land disturbance, the introduction of impervious surfaces and the alteration of recharge areas.
Natural retention areas such as ponds, depressions and marshes shall be preserved and integrated into the management plan to the greatest extent possible.
Surface water shall not be transferred from one watershed to another.
Surface water runoff shall be controlled in such a manner as to avert the need for modification or addition of off-site drainage structures unless adequate provision has been made therefor.
The plan should coordinate with the soil erosion sediment control plan.
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.
Reestablishing vegetative cover shall be in accordance with the Standards and Specifications for Soil Erosion and Sediment Control in New Jersey, latest addition.
Timing for the plan shall establish permanent stormwater management measure prior to construction or other land disturbance, to include seeding and establishing sod in grass standards.
The surface water management plan shall incorporate a detailed collection system designed to convey satisfactorily all runoff originating not only on the site but also from areas tributary to the site.
Surface water runoff to be accommodated by the collection and retention/detention system shall be computed through use of methodology published in Technical Release No. 55, United States Department of Agriculture, or by the rational formula:
Drainage design for all watersheds of 10 acres or less shall use the rational formula; of 10 to 100 acres shall use the rational formula or TR55 Method of Analysis; and of over 100 acres shall use the TR55 Method of Analysis. Where the rational formula is employed, the following parameters shall govern:
Rainfall intensity i.
The rainfall intensity for facility design shall be based on rainfall intensity/duration curves applicable to Bergen County. Consideration shall be given to the position and use of the structure within the drainage system by assuming conservative design storms in critical areas. Generally, the following minimum recurrence intervals shall apply:
Times of concentration shall be representative of land use, cover and slope and shall be acceptable to the Borough Engineer.
Construction standards and details shall comply with Standard Specifications for Road and Bridge Construction, 1989, New Jersey State Highway Department, or latest revision.
Pipe shall be sized by use of the Manning Formula. Actual pipe design capacity shall not exceed 95% of flowing-full capacity with head and tail water considerations, except that no pipe shall be less than 15 inches in diameter. Minimum velocity at flowing-full condition shall be three feet per second. Maximum velocity shall be 20 feet per second.
Pipes under and adjacent to roadways or which are to be maintained by the Borough shall be reinforced concrete.
Friction factor "n" for concrete pipe shall be 0.013 and for corrugated metal pipe shall be 0.024.
All transitions in slope, horizontal direction and junctions shall be confined to manholes, catch basins or other accessible structures.
Open channel flow.
Standards for design and construction shall comply with Soil Conservation Service (SCS) standards.
Maximum velocities shall be limited to values permitted in the SCS standards for the soil types existing on the site.
The Manning Formula shall be used for sizing open channels. Values of "n" shall be consistent with the lining of the channel and the velocity of flow.
Retention or detention basins constitute an acceptable means of achieving the goals stated in § 107B-1. Innovative techniques for limiting peak runoff are encouraged. All methods are subject to review by the Borough Engineer and to approval by the Board.
Where basins are used, they shall be so located on the site as to pose the least potential hazard and nuisance to downstream and surrounding properties. As a minimum, all portions of the basin, including earthen embankments, shall comply with the setback requirements applicable to the zone in which they are situated. Notwithstanding conformance to the setback limitations, the location must be satisfactory to the Board.
Standards of design for detention of floodwater-retarding structures shall conform to the following criteria or to those promulgated pursuant to the Soil Erosion and Sediment Control Act of 1975. Should said standards be contradictory, the more stringent shall apply. The design inflow shall be determined for the drainage areas as stated above (see § 107B-6N). A storm of one-hundred-year frequency and twenty-four-hour duration shall govern the size of the basin. The basin shall have the demonstrated capability to attenuate storms of the one-, twenty-five- and one-hundred-year frequencies to the extent required. Emergency spillways shall be adequate for a one-hundred-year storm flow plus 33%.
Editor's Note: See N.J.S.A. 4:24-39 et seq.
Earthen embankments and slopes shall not exceed 3:1 on the downstream slope and 2:1 on the upstream slope. Where embankments are proposed, they shall be provided with a level top which affords sufficient stability and accessibility. The following shall be considered as minimum top widths:
Earthen dams and embankments shall be provided with an adequate clay core. They shall be constructed from suitable materials and shall be compacted to 95% of maximum laboratory density as determined by ASTM 1557 Method D. The applicant shall provide the services of a testing laboratory as directed by the Borough Engineer to confirm that proper compaction has been achieved. The entire basin construction shall be subjected to inspection by the Borough Engineer. Embankments shall be constructed to a height above the design top elevation to accommodate settling plus two-foot freeboard. The use of embankments as driveways is discouraged. Dams and embankments must be maintained free from trees, burrows and erosion during the life of the facility.
Principal spillways and affiliated components must have a design life at least equal to that of the entire basin. Outlets shall promote stable downstream channel conditions. Trash racks to prevent spillway fouling shall be considered. All basins shall also have an emergency spillway in addition to the principal outflow structure. Basins designed to retain waters during dry weather periods shall not be acceptable.
In general, fencing around the periphery of the basin for security shall be provided only upon recommendation from the Board, which shall also determine the type and height on a case-by-case basis.
The following are specifically exempt from the provisions of this chapter:
Site plans for development where the vegetative cover of the land will not be disturbed.
Agricultural use of lands when operated in accordance with a conservation plan approved by the local Soil Conservation District.
Single-family dwelling construction on individual lots not a part of any larger development, together with the construction of permitted accessory buildings and driveway construction thereof.
Critical impact areas and other areas to be left undisturbed shall be physically marked with survey stakes or protected by a temporary snow fence prior to any land disturbance.
The Planning Board shall require the construction and/or installation of surface water management improvements in accordance with the schedule of sequence of installation as approved.
The applicant shall bear full and final responsibility for the installation and construction of all required surface water runoff control measures according to the provisions of the approved plan and this chapter. The Borough Engineer shall inspect the site during its preparation and development and certify that all surface water management measures have been constructed in accordance with the provisions of the applicant's approved plan. During the 12 months subsequent to the date of completion, the Engineer shall periodically inspect the site to ascertain that the provisions of the applicant's approved plan are complied with, including limit of contract for areas to be left undisturbed. The Engineer shall give the applicant, upon request, a certificate indicating the date on which the required measures were completed and/or accepted.
Bonding. The Board shall provide for the posting of performance guaranties and maintenance bonds, in accordance with the recommendations of the Borough Engineer.
Application and inspection fees shall be as established in Chapter 51, Land Use Procedures. If the project for which application has been made under this chapter is included in a site plan or major subdivision, no additional application or inspection fees will be charged.
If at any time the Engineer finds existing conditions not as stated in the applicant's approved plan, the Planning Board or its designated agent shall order cessation of all work and request the Borough to seek to enjoin the violation or take such steps as may be necessary and lawful to enforce compliance with the plan.
Any person, firm or corporation who or which shall violate any provision of this chapter shall, upon conviction thereof in any court authorized by law to hear and determine the matter, be fined such sum not exceeding $500 as such court in its discretion may impose or, if the party so convicted is a natural person, such person may be imprisoned for such term not exceeding 90 days as such court in its discretion may impose or be fined such sum not exceeding $500 as such court in its discretion may impose or such natural person may be both imprisoned and fined not exceeding the maximum limits set forth herein, as such court in its discretion may impose.