[1972 Code § 50.001; Ord. No. 737 § 1]
The provisions of this chapter shall apply to water service furnished by the Board of Public Works of the Borough both within and outside the Borough limits except that for such service furnished to consumers outside the Borough in lieu of the provisions of Subsection 19-3.13 and the rates and charges specified herein, appropriate provisions and rates and charges shall be established by the Board of Public Works by resolution.
[1972 Code § 50.005; Ord. No. 737 § 1]
The water supply and distribution system and all its parts, parcels and appurtenances shall be under the exclusive control and jurisdiction of the Board.
No person or persons other than an employee or agent of this Board shall in any way touch, handle or tamper with any part, parcel or appurtenances of the system unless authorized in writing by the Board so to do.
The fire hydrants shall be used in case of actual or threatened destruction of property by fire in manner directed by the Council, and for such other purposes as the Council may direct.
[1972 Code § 50.010; Ord. No. 737 § 1; Ord. No. 737E § 1]
There shall be levied and collected annually in the same manner as the other moneys raised in this Borough for other purposes are assessed, levied, and collected, a hydrant tax, equal to $100, for each public hydrant located in this Borough, or located out of this Borough which public hydrant is owned by this Borough, which tax shall annually be paid over to the Board of Public Works.
[1972 Code § 50.025; Ord. No. 456; Ord. No. 554; Ord. No. 565; Ord. No. 737 § 1; Ord. No. 737-A § 1; Ord. No. 737-B § 1; Ord. No. 737C § 1; Ord. No. 737D § 1; Ord. No. 7371 § 1; Ord. No. 4-2000 § 1; Ord. No. 10-2003 § 1; Ord. No. 33-2004 § 1; Ord. No. 23-2005 § 1]
[Amended 6-10-2009 by Ord. No. 12-2009; 4-13-2011 by Ord. No. 07-2011]
Water shall be sold to consumers which term is hereby deemed to include dwelling unit, condominium unit, townhouse, commercial building, industrial building and garden apartments, located in or out of this Borough by measurement through a water meter, owned or approved by the Board of Public Works, at a minimum charge for use of water of $35.46 per quarter, and at a meter rate of $5.91 per 1,000 gallons of water for all water used in excess of 6,000 gallons per quarter. In addition, the current 10% rate surcharge shall be imposed upon those consumers located outside the Borough of Ramsey. The minimum rate shall be apportioned pro rata where the beginning or ending of water service is other than the beginning or ending of a quarter.
[Amended 4-11-2012 by Ord. No. 07-2012; 3-27-2013 by Ord. No. 05-2013; 4-22-2015 by Ord. No. 08-2015; 5-11-2016 by Ord. No. 08-2016; 3-28-2018 by Ord. No. 06-2018]
Pursuant to the provisions of N.J.S.A. 40A:31-10.1 there shall be a discount of 15% to the minimum charge set forth in Paragraph a1(a) above for residential units that are individually metered and that are occupied by a person 65 years of age or older, who has responsibility for the service account or a disabled person.
[Amended 11-25-2013 by Ord. No. 16-2013]
Bills shall be rendered quarterly for water consumption and shall cover periods as follows: 1/3 of all meters shall be billed for water beginning January 1, April 1, July 1, and October 1; 1/3 shall be billed for water beginning February 1, May 1, August 1 and November 1; 1/3 shall be billed for water beginning March 1, June 1, September 1, and December 1.
For unmetered water used during construction, alterations or repairs of any building or structure, the following rates shall be charged payable in advance:
Fire standby service.
For fire standby service for water sprinkler systems, the rate shall be $300 per sprinkler riser, except that for condominium units and multifamily units, the rate shall be $100 per sprinkler riser.
All municipality controlled buildings shall be exempt from these charges.
Such service shall be for fire protection only and shall not be used for any other purpose.
[1972 Code § 50.020; Ord. No. 737 § 1; Ord. No. 737G § 1; Ord. No. 1268 § 5]
Water bills are payable upon presentation. If the payment of any bill is not made by the fifteenth day of the second ensuing month, a final written notice shall be forwarded to the occupant or owner of the premises, and if the bill is not paid within 15 days from the date of such notice, the water shall be shut off until the account is settled, and $25 charged for turning the water on again. If payment is not made until an employee of the Board goes to the premises to turn off the water, a charge of $25 will likewise be made.
In addition to the provisions of Paragraph a hereof, if a water bill is not paid within 30 days of presentation, interest shall be charged on such delinquent water bill at the rate of 8% per annum on the first $1,500 of delinquency and at the rate of 18% per annum on any amount in excess of $1,500 and such interest shall be calculated until the date of actual payment.
[1972 Code § 50.025; Ord. No. 737 § 1; Ord. No. 737C § 1; Ord. No. 737F § 1]
An employee or other representative of the Board of Public Works shall be given access to all premises by the owner or occupant thereof for the purpose of inspecting, reading, maintaining or removing water meters, provided that reasonable notice for such access has been given to the owner or occupant of the premises.
[Ord. No. 737 § 1; Ord. No. 737D; Ord. No. 28-2002 § 1]
Meters shall be checked for accuracy at the consumer's request. If the meter is accurate within design limits, a charge of $25 will be made to the consumer.
Service calls made during working hours (7:00 a.m. to 3:00 p.m.) shall be charged at the rate of $50 to turn on water service. Service calls made for the convenience or at the request of the consumer during nonworking hours shall be charged at the rate of $75 to turn off and $75 to turn on water service.
[Amended 6-13-2007 by Ord. No. 17-2007]
[1961 Code § 6.07; Ord. No. 438; Ord. No. 521; 1972 Code § 50.030; Ord. No. 737 § 1; Ord. No. 737D § 5; Ord. No. 28-2002 § 1; amended 6-26-2013 by Ord. No. 07-2013]
All connections to the Ramsey potable water system by all new multifamily residential properties or developments consisting of more than two units on a single tax lot, including condominium units and rental units, shall be required to install potable water submeters capable of being read remotely for each individual unit, which shall be supplied by the Ramsey Board of Public Works. The installation shall be by a plumber licensed in New Jersey, and the cost of installation shall be paid for by the property owner or developer, as is applicable.
With each application for a new water service connection, there shall be paid to the Board a charge as follows:
Three-fourths-inch service connection: a charge of $1,800 for each three-fourths-inch service connection.
Three-fourths-inch service connection with meter pit: a charge of $2,000 for each three-fourths-inch service connection with meter pit.
One-inch service connection: a charge of $2,000 for each one-inch service connection.
One-inch service connection with meter pit: a charge of $2,260 for each one-inch service connection with meter pit.
Two-inch service connection: a charge of $2,400 for each two-inch service connection.
Two-inch service connection with meter pit: a charge of $3,650 for each two-inch service connection with meter pit.
Applications shall not be accepted for more than one water meter for each separate service pipe from the water main of the Borough unless permission is first obtained from the Board.
In the event that a street in the Borough is about to be paved and to prevent opening the street, for the purpose of installing water service taps along the street after the street has been paved, the Board of Public Works may, in its discretion, install water service taps in the street opposite all vacant lots located along either side thereof and, in such event, the owner thereof shall pay the charges provided for in this section when application is made for water service and before water service shall be provided for any such properties.
[1972 Code § 50.035; Ord. No. 737 § 1]
There shall be no attachment from which water can be drawn connected on a service pipe between the water main in the public street and the water meter.
[1972 Code § 50.045; Ord. No. 737 § 1]
Except for ordinary wear, all damage, including frost damage, to the water meter shall be the responsibility of the property owner and/or his tenant.
[1972 Code § 50.045; Ord. No. 737 § 1]
All installations made after May 10, 1955, shall provide for at least two shutoff valves to be supplied by the owner, one to be placed in the service pipe immediately after the pipe enters the building and the second on the house side of the meter.
[1972 Code § 50.050; Ord. No. 737 § 1]
No connection or service pipe shall be made with the distribution system, nor shall any alteration, addition or extension be made in or to any service pipe nor any device for drawing water be attached thereto, except in manner approved by the Board. All service pipes introducing water to private property leading from a street pipe or main must have a covering of at least four feet to protect the same from frost.
Any service line which extends more than 100 feet beyond the curbline must have a meter pit, and the meter pit must be installed by the Board. The charge for such meter pit installation is $110, for a three-fourths-inch service. The charge for meter pits to accommodate larger than three-fourths-inch service shall be established by resolution of the Board.
Only a regularly designated employee or agent of the Board may tap a water main, bring the service pipe to the curb and install a curb stop.
[1972 Code § 50.055; Ord. No. 737 § 1]
The service pipe from the curb stop to and into the building structure or curtilage sought to be supplied with water shall be lain in a manner approved by the Board, and in no case after the ditch has been dug, shall any service pipe be covered until the duly authorized agent of this Board has approved the laying of such pipe and all connection therein by a written certificate. However, the consumer shall take all precautions to cover by plank, or otherwise, all excavations made in sidewalks for the laying of service pipe, and shall not leave on the sidewalk or public highway adjoining any stones or piles of dirt or other refuse.
When the consumer has his service pipe and plumbing in the building or curtilage completed and ready for the installation of a water meter, he shall notify the Board at its office.
[1972 Code § 50.060; Ord. No. 737 § 1]
Any consumer wishing to discontinue the use of water supplied from the system shall give notice thereof in writing to the Board at its office at least five days before the date of termination of service. Charges will be made for use of water at the prevailing rates established by this chapter.
[1972 Code § 50.065; Ord. No. 737 § 1]
Persons moving from one property to another cannot transfer their water privilege or right to use water from the one property to another.
[1972 Code § 50.070; Ord. No. 737 § 1]
Whenever any person, firm or corporation desires water service for his property and such property is not located on any street having a water main located therein, special application shall be made to the Board, accompanied by a plan showing the detail of the proposed method of extending the nearest existing main along such street to the proposed property, indicating the size of the proposed main. If such application is approved by the Board, the applicant shall at his own cost and expense, extend the main in size approved by the Board from the nearest water main to the premises according to such terms and in such location as shall be approved by the Board and in accordance with its specifications. Upon the completion of such installation the extension of such main shall become a part of the water system of the Board and under its supervision and control.
[1972 Code § 50.075; Ord. No. 737 § 1]
All new installations, repairs and renewals of service lines and attachments as shall be found necessary to be made between the curb stop and the meter on the premises shall be made at the expense of the consumer. All pipe and fittings used in making such new installations, repairs and renewals shall be of copper material or such other material as shall be approved by the Board.
[1972 Code § 50.080; Ord. No. 737 § 1]
All water meters shall be wired and sealed and no person other than an agent of the Board shall disconnect or remove any water meter.
[1972 Code § 50.085; Ord. No. 737 § 1]
There shall be a charge of $10 for removal and $10 for reinstallation of a water meter when the removal was made at the consumer's request.
[1972 Code § 50.090; Ord. No. 737 § 1]
It shall be the duty of each consumer having notice or knowledge of leaks in service pipes to and on his premises or those occupied by him or under his control forthwith to notify the Board.
[1972 Code § 50.095; Ord. No. 737 § 1]
The owner of the property on which water service is furnished shall be liable for the payment of the water rent and charges provided for by this chapter for the use of water on the premises, and such water rent and charges shall be a lien on the premises until paid and satisfied, and in case of nonpayment thereof, the premises shall be sold to pay and satisfy the same in the manner provided for by law.
[1972 Code § 50.100; Ord. No. 737 § 1]
Neither the Board nor the Borough is responsible for damages caused by failure to deliver water to any consumer resulting from any cause whatsoever.
[1972 Code § 50.105; Ord. No. 737 § 1]
Each consumer shall determine at his own risk the pressure reducing valves necessary for him to install in his plumbing and connections. Neither the Board nor the Borough will be responsible for injury to person or property because of excess pressure.
[1972 Code § 50.110; Ord. No. 737 § 1]
No explosives shall be stored or used for any purpose within 50 feet of any of the mains or appurtenances of the water supply or distribution system of the Borough without a permit in writing from the Board.
[1972 Code § 50.115; Ord. No. 737 § 1]
No person shall take away, throw down, break, destroy or in any way tamper with any of the danger lights, red lights, signals or protecting barriers in and about the water supply and distribution system and its appurtenances belonging to the Borough.
No person shall enter upon, tear down, break, destroy or tamper with any of the platforms, walls or any other structures which may be temporarily constructed in and about the water supply and distribution system and its appurtenances belonging to the Borough.
No person shall move or remove, handle or place, without authority conferred by the Borough through its Board of Public Works, any pipe, special castings, valves, boxes, hydrants, other materials, tools or appurtenances in or about the water system and its appurtenances.
[1972 Code § 50.120; Ord. No. 737 § 1]
Any water-cooled refrigeration equipment or air-conditioning equipment installed within the Borough shall be provided with such equipment as shall make it possible to continue to use the water in the system in a recirculating manner.
No water-cooled refrigeration equipment or water-cooled air conditioning equipment shall be installed using a water circulating system in connection therewith, which does not have a recirculating system as provided in Paragraph a.
All water-type cooling systems shall be equipped with circulating pumps.
No water-cooled refrigeration equipment or water-cooled air conditioning equipment, shall be installed until complete plans and specifications therefor have been approved by the Board of Public Works and no such plans shall be approved unless provision is made as provided for above to prevent the wasteful use of water.
Any person using water-cooled refrigeration equipment or air conditioning equipment using water, shall immediately cease using the same during any period of water shortage upon receipt of notice from the Borough that such an emergency exists affecting the public welfare, and shall not resume the operation of the equipment until after notice is given that such water shortage emergency no longer exists.
[1972 Code § 50.125; Ord. No. 737 § 1; Ord. No. 1230 § 1; Ord. No. 1230-A § 1; Ord. No. 10-2000 § 1]
No person shall use water from the supply being provided by the Borough through its Board of Public Works in excessive or unnecessary quantities (including but not limited to the watering of lawns, the washing of cars, the use of water sprinklers, etc.) during any declared emergency period during which the use of such excess water may in the opinion of the Board endanger the water supply and thereby affect the public welfare. Before any such emergency shall be held to exist, the Mayor, at the request of the Board, shall publicly declare the same, and shall publish a notice thereof providing for such emergency period in any newspaper published or circulated in the Borough. As used in this section, "emergency" shall mean and include any unusual incident, or the imminence thereof, resulting from natural or unnatural causes which endangers the health, safety, or resources of the residents of the Borough of Ramsey. "Emergencies" include, but are not limited to, periods of prolonged drought, and large-scale systems failures.
Notwithstanding anything to the contrary set forth in this section, the watering of properties located east of the Conrail railroad tracks is permitted only on Sundays, Tuesdays, and Thursdays from May 1 through September 30, and the watering of properties located west of the Conrail railroad tracks is permitted only on Mondays, Wednesdays, and Saturdays from May 1 through September 30.
There shall be no watering of properties at any time on Fridays.
The time when water is permitted on the designated days set forth above is as follows:
[1972 Code § 50.130; Ord. No. 737 § 1]
No person shall dig, drill or drive holes in the ground or earth for the purpose of constructing a water well or pump station to take or use water for private use in any manner without first having obtained permission from the Board.
Permission shall be obtained only by written application to the Board accompanied by a plan, showing the premises on which the proposed well or pump station is to be located, the location of such well or pump station and the type, size, depth and capacity of such well or pumping station. The applicant shall furnish any further data or information requested by the Board.
Permission shall be granted except in those cases where the proposed well or pumping station will prejudicially affect the municipal water supply, any well of the municipal water supply systems, or the public health or welfare.
[1972 Code § 50.135; Ord. No. 737 § 1]
No person shall fill in around any fire hydrant, allow any accumulation around a hydrant, or in any other manner interfere with proper and immediate access to a hydrant for fire protection purposes.
No owner of property or tenant shall suffer, permit or allow any such interference with access to and operation of any such hydrant.
[Ord. No. 612; 1972 Code § 51.001]
As used in this chapter:
- The Mayor and Borough Council or such other official or department acting on behalf of the Mayor and Council.
- BOARD OF HEALTH
- The Board of Health of the Borough.
- B.O.D. (DENOTING BIOCHEMICAL OXYGEN DEMAND)
- The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20° C., expressed in parts per million by weight.
- The Borough of Ramsey.
- BUILDING DRAIN
- The lowest horizontal piping of a drainage system within a building which receives the discharge from soil and waste pipes and conveys it to the building sewer.
- BUILDING SEWER
- That part of the sewerage system beginning five feet outside the inner face of the building wall which receives the discharge from the building drains and conveys it to the house connection.
- Solid wastes from the preparation, cooking and dispensing of food, and from the handling, storage and sale of produce.
- HOUSE CONNECTION
- That part of the sewerage system that runs from the main sewer to the curbline and includes all necessary fittings, all as shown on connection location plans.
- HOUSE CONNECTION LOCATION
- An acceptable plan showing existing house sewer lines.
- INDUSTRIAL AND COMMERCIAL WASTE
- The liquid waste from industrial and commercial processes as distinct from sanitary sewage.
- A device designed and installed so as to separate and retain deleterious, hazardous or otherwise undesirable matter such as grease, oil or sand from normal wastes, and permit only normal sewage or liquid wastes to discharge into the disposal terminal.
- MAIN SEWER OR PUBLIC SEWER
- The sewers laid in the street or other right-of-way in which all owners of abutting properties have rights and which is controlled by the Borough of Ramsey.
- MUNICIPAL SEWER SYSTEM
- The Ramsey sewer system and all appurtenances thereto.
- NATURAL OUTLET
- Any outlet into a watercourse, pond, ditch, lake or other body of surface or ground water.
- NORTHWEST BERGEN COUNTY UTILITIES AUTHORITY
- The district sewer system to which the municipal sewer system shall connect.
- Any individual, firm, company, association, corporation, society or group.
- The logarithm to the base 10 of the reciprocal of the weight of hydrogen ions in grams per liter of solution.
- Any person, firm or company that practices plumbing as defined in the definition of plumbing in this section.
- The practice of installing, maintaining, extending, repairing and altering plumbing systems. It is also the installed plumbing system piping, materials, plumbing fixtures and appurtenances of such systems in connection with the following: sanitary drainage or storm drainage facilities together with their venting systems, a public or private water supply system and fire protection systems within or adjacent to any building, structure or conveyance.
- PLUMBING SUBCODE OFFICIAL
- A person licensed and authorized to inspect plumbing pursuant to the provisions of New Jersey Statutes pertinent thereto and who is in the employ of the Ramsey Board of Health.
- PLUMBING SYSTEM
- The sanitary and storm drainage facilities together with their venting systems and plumbing fixtures, a public or private water supply system and the fire protection systems of any building, structure or conveyance to a point of connection to a public or private sewage system, public or private water supply or other acceptable terminal.
- PROPERLY SHREDDED GARBAGE
- Garbage that has been shredded to such degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than 1/2 inch in any dimension.
- PUBLIC SEWER
- The same as main sewer.
- SANITARY SEWAGE
- That domestic sewage with storm and surface water excluded, such as sewage discharging from the sanitary conveniences of any structure.
- SANITARY SEWER
- A sewer which carries sewage and to which storm, surface and ground water are not admitted.
- The liquid waste containing animal, chemical or vegetable matter in suspension or solution.
- SEWAGE TREATMENT PLANT
- Any devices or structures used for treating sewage.
- SEWAGE WORKS
- All facilities for collecting, pumping and disposing of sewage.
- A pipe, conduit or any other method for carrying sewage.
- SEWER ENGINEER
- The person or firm of duly licensed engineers retained or appointed by the Borough in connection with the design and construction of the municipal sewer system.
- SEWER INSPECTOR
- The sewer inspector of the Borough or his authorized agent.
- The grade or pitch of a line of pipe in reference to a horizontal plane. It shall be expressed as the fall in a fraction of an inch per foot length of pipe.
- STORM SEWER OR STORM DRAIN
- Any sewer which carries storm or surface water and drainage, but excludes sewage and polluted industrial waste.
- SUSPENDED SOLIDS
- Solids that either float on the surface of, or are in suspension in, water sewage or other liquids; and which are removable by laboratory filtering.
- WATER COURSE
- A channel in which a flow of water occurs, continuously or intermittently.
[Ord. No. 612; 1972 Code § 51.002; Ord. No. 1268 § 5]
The owner of any property upon which there is erected a structure, situated within the Borough and having access to a public or sanitary sewerage system of the Borough, is hereby required at his own expense:
To install suitable toilet facilities therein; and
To connect such facilities and all sanitary sewage facilities in such structure directly with the public sewer in accordance with the provisions of this chapter and with the requirements of the Plumbing Subcode Official and the Borough of Ramsey Public Board of Public Works.
[Ord. No. 612; 1972 Code § 51.003]
Such facilities and all sanitary sewage facilities shall be installed and connection shall be made with the public sewer within six months after the date of official notice requiring such action.
[1972 Code § 51.004; Ord. No. 631; Ord. No. 699 § 2; Ord. No. 852-A §§ 2-8]
Connection fees shall be charged by the Borough to those lot owners who have been provided with building connections (house connections) for connection to the sewer system of the Borough. Such fees shall be determined by resolution of the Mayor and Council and shall be established by taking into consideration the total construction cost for installing building connections and the number and size of building connections provided. The date and time limit by which these fees are due shall be determined by resolution of the Mayor and Council.
Funds to pay the annual costs for the treatment of sewerage, the maintenance, operation, and administration of the sewer system to be raised for the ensuing year shall be charged and collected by fixing a rate per 1,000 gallons of water consumed by the users of the system. Such rate shall be determined annually by resolution of the Mayor and Council and shall be established by taking into consideration the total amount of funds to be raised for the above purposes. Such amount shall be reasonably related to the consumption of water by the aforesaid users, however, each user shall be charged at the minimum, an amount equivalent to the consumption of an established gallonage of water per year based on a percentage of the average water consumed by the aforesaid users to pay the annual costs for administration to be raised for the ensuing year.
Wherever a building connection (house connections) for connection to the sewer system is installed for a vacant lot as delineated on the Tax Assessment Map of the Borough, the owner shall be charged an amount based on the assessed evaluation of the lot as determined by the Tax Assessor to pay the annual costs for the retirement of the sewer system indebtedness to be raised for the ensuing year.
Payment of all charges provided for in Paragraphs b and c hereof shall be made periodically at such times as shall be fixed by resolution of the Mayor and Council.
A portion of the aforesaid user rate per each 1,000 gallons shall generate sufficient revenue to pay the total operation and maintenance costs necessary for the proper operation and maintenance of the sewer system and replacement costs. That portion of the aforesaid user rate for replacement shall be dedicated for such purposes and shall be a minimum of 5% of the portion of the aforesaid rate for operation and maintenance costs.
Each user of the sewer system shall be notified at least annually, in conjunction with a regular bill, of the aforesaid rate per each 1,000 gallons and that portion of the aforesaid rate attributable to treatment of the sewerage, the maintenance and operation of the sewer system, and the administration of the sewer system.
The Board of Public Works shall operate and maintain the sewer system and is hereby charged with the duty of collecting all fees and sewer service charges.
[Ord. No. 612; 1972 Code § 51.005]
As public sewers become available to property presently being served by a private sewage disposal system, a direct connection shall be made to the public sewer pursuant to the terms of this chapter and any septic tanks, cesspools and/or similar private sewer sewage disposal systems shall be abandoned. Steel tanks systems shall be filled with earth or bank-run gravel.
[Ord. No. 612; Ord. No. § 51.006]
All costs and expense incident to the installation and connection of the house connection shall be borne by the owner.
[Ord. No. 612; 1972 Code § 51.007; Ord. No. 1268 § 5]
Borough may do work. If, after the expiration of six months from date of official notification, the owner of any property affected by the provisions of this chapter has failed to install such sanitary and waste facilities and/or to make such sewer connection as required herein, after receiving official notice requiring such action, as hereinbefore provided, the Borough may cause such installation or connection to be made under the direction and supervision of the Plumbing Subcode Official and the Board of Public Works, or such other official or department of the Borough as may hereafter be designated by the authority, or award one or more contracts for the making of such improvement by a plumber selected by the Borough.
[Ord. No. 612; 1972 Code § 57.008; Ord. No. 1268 § 5]
Before proceeding to make any such installation or connection, the Board of Public Works, or such other official or department of the Borough as may hereafter be designated by the authority, shall cause notice of such contemplated installation or connection to be given the owner of any properties affected thereby. The notice shall contain a description of the property affected, sufficiently definite in terms to identify it, as well as a description of the required installation or connection and notice that unless the installation or connection shall be completed within 30 days after the service thereof, the Borough will proceed to make such installation or connection or cause the same to be done. The notice shall be served in accordance with New Jersey Statutes pertinent thereto.
[Ord. No. 612; 1972 Code § 51.009; Ord. No. 1268 § 5]
When any such sanitary and waste facility installation or sewer connection shall be made by the Borough, a true and accurate account of the cost and expense shall be kept and apportioned to the property or the properties thereby connected with the sewers, and a true statement of such costs under oath shall be forthwith filed by the Board of Public Works or the authority with the Borough Clerk. Such statement shall be filed with the Tax Collector who shall record the installation of the sewer connection.
[Ord. No. 612; 1972 Code § 51.010]
Every such installation or sewer connection charge shall bear interest and penalties from the same time and at the same rate as assessment for local improvements in the Borough and from the time of confirmation shall be a lien against the respective property or properties so connected with the sewer to the same extent as assessments for local improvements, and shall be collected and enforced in the same manner.
[Ord. No. 612; 1972 Code § 51.011]
No such charge for sanitary and waste installations or sewer connections shall be invalid by reason of any error or omission in stating the same of the owner or owners of properties affected by such installations or sewer connections, nor for any other informality, where such property or real estate has actually been improved by such installation or sewer connection.
[Ord. No. 612; 1972 Code § 51.012]
Where there is no house connection available, the property owner shall, prior to the issuance of a certificate of occupancy, apply to the Borough to have a house connection installed from the main sewer to the curb. In each such case, or in any instance where the connection to the house sewer line requires the performance of labor, or the furnishing of materials on the part of the Borough, a charge of $250 will be made. Where, because of the nature and extent of the work to be done or the pavement or terrain to be penetrated, or the width of the road, or any such circumstances, the sum of $250 is not sufficient to cover the costs and expenses of the Borough, the Board of Public Works shall fix the charge to fully cover the costs and expenses of such connection or house sewer line.
[Ord. No. 612; 1972 Code § 51.013]
Each contractor or other person performing work on public property for the purpose of installing house connections shall post a bond or cash deposit acceptable to the authority. All work shall be adequately guarded with barricades, lights and other measures for protection of the public from hazard. All public property disturbed in the course of the work shall be restored in a manner satisfactory to the Borough.
[Ord. No. 612; 1972 § 51.0140]
It shall be unlawful for any person, firm or corporation to:
Place, deposit, or permit to be deposited in an unsanitary manner upon public or private property within the Borough, or in any area under the jurisdiction of the Borough, any human or animal excrement, garbage, industrial or commercial waste, foul liquids or other objectionable waste.
Discharge to any natural outlet, gutter, stream, ditch, culvert, catch basin or water course in the Borough of Ramsey, or in any area under the jurisdiction of the Borough, any sanitary sewage, industrial waste, or other polluted waters, except where suitable treatment has been provided in accordance with the provisions of this chapter.
Uncover any portion of the public sewers or drains or the connection branches thereof, or to open any manhole, or flush tank, except with the written permission of the authority.
Open any public street or place for the purpose of making sewer connection, or to make or cause to be made any connection with a house connection branch of a public sewer except under a special written permit signed by the authority allowing such specific connection to be made under the supervision of the authority.
Make or cause or allow to be made any excavation within four feet of any public sewer or to blast any rock within 10 feet thereof, save with the express written permission of the authority.
Use or cause to allow the use of any metal, mechanical or electrical sewer cleaning apparatus within the Borough without first having registered his or its name and place of business at the office of the Board of Public Works upon forms to be furnished by the Board. The fee for such registration shall be $15, payable in advance. The registration shall be renewed annually on or before December 31 of each year. In addition to the payment of the fees herein provided, each registrant shall furnish a bond to the Board of Public Works with surety satisfactory to the Board, on the forms to be prescribed by the Board of Public Works in the sum of $1,000 for faithful performance of any sewer cleaning work done by him or it. The bond shall indemnify and save harmless the Borough for any expense or costs paid by the Borough in the correction or replacement due to his or its negligence or mistake or that of any person working under his or its direction in the performance of the work done.
Break or cut or remove any pipe of any main or public sewer, or to make or cause to be made any connection with such sewer except through the specific branch or branches allotted for the purpose, the allotment of such connection and its location to be designated by the authority.
Discharge or to cause or permit the discharge into any main or public sewer directly or indirectly of any clear drainage, such as, but not limited to swimming pools, heating or air-conditioning units, ground water, surface water, or rain water from sidewalks, yards, areas, courts, roofs, or any sump, cistern or rank overflow.
Discharge, or to cause to or permit the discharge into any main or public sewer directly or indirectly of any drainage or overflow from cesspools, manure pits, privies or other receptacles storing or designed to store organic wastes.
Connect, or to cause to permit the connection with, any main or public sewer directly or indirectly, of any exhausts, boiler blowoffs, sediment drips, or any pipes carrying or constructed to carry hot water, acids, dyes, brine, germicides, greases, brewery mash, gasoline, naphtha, benzine oil, flammable or explosive liquids, industrial wastes, radioactive materials, or any other substance detrimental to the sewers or their appurtenances or to the operation of the sewage system or sewage disposal works.
Throw, or to deposit, or to cause or allow to be thrown or deposited, in any fixtures, vessel, receptacle, inlet or opening connected directly or indirectly with any main or public sewer, any straw, garbage, wood, glass, feathers, tar, plastics, vegetables, parings, ashes, cinders, rags or other substance capable of causing obstructions to the flow in the sewers, except feces, urine, necessary toilet papers and liquid house slops; or to allow any house sewer connection with a main or public sewer to be likewise connected with any privy vault, or cesspool, or underground drain, or with any channel conveying water or filth except such soil pipes, house sewers and other plumbing works as shall have been duly inspected and approved by the Plumbing Subcode Official.
[Amended 6-9-2010 by Ord. No. 10-2010]
[Ord. No. 612; 1972 Code § 51.015]
Except as hereinafter provided, no persons shall discharge or cause to be discharged any of the following described waters or wastes to any public sewers:
Any liquid or vapor having a temperature higher than 150°.
Any water or waste which may contain more than 50 parts per million by weight of fats, oils, or grease.
[Amended 6-9-2010 by Ord. No. 10-2010]
Any gasoline, benzine, naphtha, fuel oil or other flammable or explosive liquid, solid or gas.
Any water or waters having pH lower than 5.5 or higher than 9.0 or having any other corrosive property capable of causing damage or hazard to structure, equipment and personnel of the sewage works.
Any waters or water containing a toxic or poisonous substance in sufficient quantity to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals or create any hazard in the receiving waters of the sewage treatment plan.
Any waters or wastes containing suspended solids of such character and quantity that unusual attention or expense is required to handle such matters at the sewage treatment plant.
Any noxious or malodorous gas or substance capable of creating a public nuisance.
[Ord. No. 612; 1972 Code § 51.016; amended 6-9-2010 by Ord. No. 10-2010]
Grease, oil, solids, and sand interceptors shall be provided when in the opinion of the Plumbing Subcode Official, Borough Health Officer or Superintendent of the Board of Public Works, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts or any flammable wastes, sand, solids or other harmful ingredients; except that such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the Plumbing Subcode Official or Borough Health Officer, and shall be located as to be readily and easily accessible for cleaning and inspection. Such interceptors shall be constructed of impervious materials capable of withstanding abrupt and extreme changes in temperature. They shall be of a substantial construction, watertight, gastight, and equipped with easily removable covers which, when bolted in place, shall be gastight and watertight.
New interceptors must comply with the most current edition of the Plumbing and Drainages Institute (PDI) Standard G101, the Uniform Construction Code, and the National Standard Plumbing Code.
Existing grease interceptors that do not meet current PDI Standard G101 must be upgraded and/or replaced to meet these standards.
Interceptors must be located so they can be readily cleaned and inspected.
Solids interceptors must be placed after food grinders or dishwashers before flow enters the grease interceptor.
Design drawings or sketches showing the location, size and capacity, and design criteria with supporting calculations for the interceptor shall be provided by the owner of the property and submitted to the Borough for review and approval before the start of construction.
[Ord. 612; 1972 Code § 51.017; amended 6-9-2010 by Ord. No. 10-2010]
Where installed, all grease, oil, solids and sand interceptors shall be maintained by the owner at his expense in continuously efficient operation at all times.
Interceptors shall be cleaned at such intervals that will prevent grease or other deleterious materials from discharging into the sewer.
Each business that removes grease from a food establishment shall be required to maintain a maintenance log showing location, time, date, volume of grease removed, and disposal site. The log shall be kept on site for inspection by the Borough.
Proof of proper disposal of grease shall be provided to the Borough Health Department.
The use of chemicals, enzymes, or emulsifiers to remove fats, oils, and grease (FOG) are prohibited, since the use of these additives only changes the structure of the FOG for a limited period of time, and eventually the FOG will revert back to its original form.
The use of bacteria or other bioremediation methods designed to digest waste will be permitted only under carefully controlled circumstances. The applicant must submit information on the proposed system showing how it will operate and where it is being used in a similar situation for evaluation and approval by the Ramsey Board of Health and Board of Public Works.
[Ord. No. 612; 1972 Code § 51.018; Ord. No. 1268 § 5]
The admission into the public sewers of any waters or wastes having:
Five-day biochemical oxygen demand greater than 300 parts per million by weight; or
More than 350 parts per million by weight of suspended solids; or
Any quantity of substances having the characteristics described herein.
An average daily flow greater than 2% of the average daily sewage flow of the Borough shall be subject to the review and approval of the authority. Where necessary, in the opinion of the authority, the owner shall provide, at his expense, such preliminary treatment as may be necessary to:
Reduce the biochemical oxygen demand to 300 parts per million by weight, or
Reduce the suspended solids to 300 parts per million by weight, or
Reduce objectionable characteristics of constituents to within the maximum limits provided for.
Control of the quantities and rates of discharge of such waters or wastes.
[Ord. No. 612; 1972 Code § 51.010]
Where preliminary treatment facilities are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at his expense.
[Ord. No. 612; 1972 Code § 51.020; amended 6-9-2010 by Ord. No. 10-2010]
When required by the Plumbing Subcode Official, the Borough Engineer, the Department of Public Works or their duly authorized agents, the owner of any property served by a house connection or building sewer carrying industrial, medical, or food services wastes shall install a suitable control manhole in the building sewer to facilitate observation, sampling, and measurement of the waste prior to discharging to the Borough sewer system. Such manhole shall be constructed in accordance with plans approved by the Plumbing Subcode Official, the Borough Engineer, the Department of Public Works or their duly authorized agents. The manhole shall be installed by the owner at his expense and shall be maintained by him so as to be safe and accessible at all times.
[Ord. No. 612; 1972 Code § 51.021]
Adoption of standard methods of the American Public Health Association:
All measurements, tests and analyses of the characteristics of waters and wastes herein shall be determined in accordance with Standard Methods for the Examination of Water, Sewage and Industrial Wastes, published by the American Public Health Association, Inc., being particularly the latest edition thereof, a copy of which is hereby adopted and made a part hereof and is incorporated herein as fully as if set forth at length.
Three copies of the Standard Methods for the Examination of Water, Sewage and Industrial Wastes have been placed on file in the office of the Borough Clerk upon the introduction of this chapter and will remain on file there until final action is taken on this chapter for the use and examination of the public. Upon adoption of this chapter, the copies shall remain on file in the office so long as the chapter is in effect. (In addition, three copies shall be placed on file and shall remain on file in the office of the Board of Health of the Borough so long as the chapter is in effect for the use and examination of the public.)
All such measurements, tests and analyses of the characteristics of the waters and wastes shall be determined at the control manhole or upon suitable samples taken at the control manhole. In the event that no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the public sewer to the point at which the building sewer is connected.
[Ord. No. 612; 1972 Code § 51.022]
The authority as defined herein shall by ordinance establish a schedule of fees and charges in connection with the use, operation, maintenance and construction of the municipal sewer systems of the Borough, to be imposed upon the owners of the properties served thereby at the rates set forth in such ordinances, and any amendments and supplements thereto.
[Ord. No. 612; 1972 Code § 51.023]
The aforesaid charges for the use of public sewers shall draw the same interest from the date they become due as taxes upon real property and shall be a lien upon the premises connected until paid, and the Borough shall have the same remedies for the collection thereof, with interest, costs and penalties, as it has by law for the collection of taxes upon real property.
[Ord. No. 612; 1972 Code § 51.024]
No person shall break, damage, destroy, deface or tamper with any structure, appurtenance or equipment which is a part of the municipal sewer system. Any person violating this provision shall be prosecuted according to law.
Any person who, by reason of the violation of the provisions of this chapter or other improper use of the municipal sewer system or any of its branches, appurtenances or connections, shall cause damage to the municipal water system or to the facilities of the Northwest Bergen County Utility Authority to which the municipal sewer system is connected by reason of which the Borough may sustain damage or may be or become liable to the Northwest Bergen County Utility Authority for damages which it may sustain, shall be liable to the Borough for all costs and expense that may be incurred by the Borough for the correction of any such damage. The Borough shall have the right to recover such costs and expenses from any such person by appropriate action at law in a court of competent jurisdiction. The right of the Borough to be reimbursed for any costs and expenses incurred by it by reason of such damages shall be an additional remedy, and such person shall also be subject to the penalties contained in this chapter for violation of its provisions.
[Ord. No. 612; 1972 Code § 51.025; Ord. No. 1268 § 5; amended 6-9-2010 by Ord. No. 10-2010]
In the administration of the chapter, the connections from the curb or street line onto private property shall be supervised and administered by the Borough by and through its Department of Public Works, Borough Engineer and/or their designees, and all matters relating to sewers lying within the street or from the public sewer to curb shall be within the jurisdiction of the Borough.
Authority to enter for inspection. The duly authorized officers and employees of the Borough, bearing proper credentials and identifications, shall be permitted to enter upon all properties for the purpose of inspection, observation, measurement, sampling and testing, in accordance with the provisions of this article.
[Ord. No. 612; 1972 Code § 51.999; amended 6-9-2010 by Ord. No. 10-2010]
Any person found to be violating any provision of this chapter shall be served by the Borough with written notice as required herein stating the nature of the violation and providing a reasonable time limit (30 days which may be for good cause extended for a period of time not to exceed six months) for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all such violation.
Any person that is convicted of violating any provision of this chapter as a repeat offender may be required to equip the grease interceptor serving the facility with an electronic, sensor-controlled, positive inlet closure valve to prevent overloading of the grease interceptor as approved by the Borough.
Any person that is convicted of violating any provision of this chapter as a repeat offender may be required to use grease interceptors that are considered to be a grease recovery (Removal) device (GRD). GRDs shall be approved by the Borough and can be either timer-controlled or sensor-controlled.
Any person that is convicted of violating any provision of this chapter as a repeat offender may be required to install a manhole in the building sewer to facilitate observation, sampling, and measurement of the waste, as described in Subsection 19-4.20 of this Borough of Ramsey Code.
All costs associated with the above-noted equipment will be at the expense of the owner.
Any person violating any of the provisions of this section shall become liable to the Borough for any expense, loss or damage incurred by the Borough or any other person or entity by reason of such violation.
[Ord. No. 1066 §§ 1 through 7; amended 12-13-2006 by Ord. No. 44-2006]
Policy statement. Flood control, groundwater recharge, and pollutant reduction through nonstructural or low-impact techniques shall be explored before relying on structural best management practices (BMPs). Structural BMPs should be integrated with nonstructural stormwater management strategies and proper maintenance plans. Nonstructural strategies include both environmentally sensitive site design and source controls that prevent pollutants from being placed on the site or from being exposed to stormwater. Source control plans should be developed based upon physical site conditions and the origin, nature, and the anticipated quantity or amount of potential pollutants. Multiple stormwater management BMPs may be necessary to achieve the established performance standards for water quality, quantity, and groundwater recharge.
Purpose. It is the purpose of this section to establish minimum stormwater management requirements and controls for major development, as defined in Subsection 19-5.2.
This section shall be applicable to all site plans and subdivisions for the following major developments that require preliminary or final site plan or subdivision review:
This section shall also be applicable to all major developments undertaken by the Borough of Ramsey.
Compatibility with other permit and ordinance requirements. Development approvals issued for subdivisions and site plans pursuant to this section are to be considered an integral part of development approvals under the subdivision and site plan review process and do not relieve the applicant of the responsibility to secure required permits or approvals for activities regulated by any other applicable code, rule, act, or ordinance. In their interpretation and application, the provisions of this section shall be held to be the minimum requirements for the promotion of the public health, safety and general welfare. This section is not intended to interfere with, abrogate, or annul any other ordinances, rule or regulation, statute, or other provision of law except that, where any provision of this section imposes restrictions different from those imposed by any other ordinance, rule or regulation, or other provision of law, the more restrictive provisions or higher standards shall control.
Unless specifically defined below, words or phrases used in this section shall be interpreted so as to give them the meaning they have in common usage and to give this section its most reasonable application. The definitions below are the same as or based on the corresponding definitions in the Stormwater Management Rules at N.J.A.C. 7:8-1.2.
As used in this section, the following terms shall have the meanings indicated:
- CAFRA CENTERS, CORES OR NODES
- Those areas within boundaries accepted by the Department pursuant to N.J.A.C. 7:8E-5B.
- CAFRA PLANNING MAP
- The geographic depiction of the boundaries for Coastal Planning Areas, CAFRA Centers, CAFRA Cores and CAFRA Nodes pursuant to N.J.A.C. 7:7E-5B.3.
- The increase in soil bulk density.
- A pedestrian-oriented area of commercial and civic uses serving the surrounding municipality, generally including housing and access to public transportation.
- COUNTY REVIEW AGENCY
- An agency designated by the County Board of Chosen Freeholders to review municipal stormwater management plans and implementing ordinance(s). The county review agency may either be:
- The New Jersey Department of Environmental Protection.
- DESIGNATED CENTER
- A State Development and Redevelopment Plan center as designated by the State Planning Commission, such as urban, regional, town, village, or hamlet.
- DESIGN ENGINEER
- A person professionally qualified and duly licensed in New Jersey to perform engineering services that may include, but not necessarily be limited to, development of project requirements, creation and development of project design and preparation of drawings and specifications.
- The division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or structure, any mining excavation or landfill, and any use or change in the use of any building or other structure, or land or extension of use of land, by any person, for which permission is required under the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq. In the case of development of agricultural lands, "development" means any activity that requires a state permit; any activity reviewed by the County Agricultural Board (CAB) and the State Agricultural Development Committee (SADC), and municipal review of any activity not exempted by the Right to Farm Act, N.J.S.A. 4:1C-1 et seq.
- DRAINAGE AREA
- A geographic area within which stormwater, sediments, or dissolved materials drain to a particular receiving waterbody or to a particular point along a receiving waterbody.
- EMPOWERMENT NEIGHBORHOOD
- A neighborhood designated by the Urban Coordinating Council in consultation and conjunction with the New Jersey Redevelopment Authority pursuant to N.J.S.A. 55:19-69.
- ENVIRONMENTALLY CRITICAL AREAS
- An area or feature which is of significant environmental value, including, but not limited to, stream corridors; natural heritage priority sites; habitat of endangered or threatened species; large areas of contiguous open space or upland forest; steep slopes; and wellhead protection and groundwater recharge areas. Habitats of endangered or threatened species are identified using the Department's Landscape Project as approved by the Department's Endangered and Nongame Species Program.
- The detachment and movement of soil or rock fragments by water, wind, ice or gravity.
- IMPERVIOUS SURFACE
- A surface that has been covered with a layer of material so that it is highly resistant to infiltration by water.
- The process by which water seeps into the soil from precipitation.
- MAJOR DEVELOPMENT
- Any development that provides for ultimately disturbing one
or more acres of land or increasing impervious surface by 1/4 acre
or more. Disturbance for the purpose of this rule is the placement
of impervious surface or exposure and/or movement of soil or bedrock
or clearing, cutting, or removing of vegetation. Projects undertaken
by any government agency which otherwise meet the definition of "major
development" but which do not require approval under the Municipal
Land Use Law, N.J.S.A. 40:55D-1 et seq., are also considered "major
development."[Amended 11-24-2008 by Ord. No. 19-2008]
- Any city, borough, town, township, or village.
- An area designated by the State Planning Commission concentrating facilities and activities which are not organized in a compact form.
- A chemical element or compound, such as nitrogen or phosphorus, which is essential to and promotes the development of organisms.
- Any individual, corporation, company, partnership, firm, association, the Borough of Ramsey, or political subdivision of this state subject to municipal jurisdiction pursuant to the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.
- Any dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, refuse, oil, grease, sewage sludge, munitions, chemical wastes, biological materials, medical wastes, radioactive substance [except those regulated under the Atomic Energy Act of 1954, as amended (42 U.S.C. § 2011 et seq.)], thermal waste, wrecked or discarded equipment, rock, sand, cellar dirt, industrial, municipal, agricultural, and construction waste or runoff, or other residue discharged directly or indirectly to the land, groundwaters or surface waters of the state, or to a domestic treatment works. "Pollutant" includes both hazardous and nonhazardous pollutants.
- The amount of water from precipitation that infiltrates into the ground and is not evapotranspired.
- Solid material, mineral or organic, that is in suspension, is being transported, or has been moved from its site of origin by air, water or gravity as a product of erosion.
- The lot or lots upon which a major development is to occur or has occurred.
- All unconsolidated mineral and organic material of any origin.
- STATE DEVELOPMENT AND REDEVELOPMENT PLAN METROPOLITAN PLANNING AREA (PA1)
- An area delineated on the State Plan Policy Map and adopted by the State Planning Commission that is intended to be the focus for much of the state's future redevelopment and revitalization efforts.
- STATE PLAN POLICY MAP
- The geographic application of the State Development and Redevelopment Plan's goals and statewide policies, and the official map of these goals and policies.
- Water resulting from precipitation (including rain and snow) that runs off the land's surface, is transmitted to the subsurface, or is captured by separate storm sewers or other sewage or drainage facilities, or conveyed by snow removal equipment.
- STORMWATER MANAGEMENT BASIN
- An excavation or embankment and related areas designed to retain stormwater runoff. A stormwater management basin may either be normally dry (that is, a detention basin or infiltration basin), retain water in a permanent pool (a retention basin), or be planted mainly with wetland vegetation (most constructed stormwater wetlands).
- STORMWATER MANAGEMENT MEASURE
- Any structural or nonstructural strategy, practice, technology, process, program, or other method intended to control or reduce stormwater runoff and associated pollutants, or to induce or control the infiltration or groundwater recharge of stormwater or to eliminate illicit or illegal nonstormwater discharges into stormwater conveyances.
- STORMWATER RUNOFF
- Water flow on the surface of the ground or in storm sewers resulting from precipitation.
- TIDAL FLOOD HAZARD AREA
- A flood hazard area, which may be influenced by stormwater runoff from inland areas, but which is primarily caused by the Atlantic Ocean.
- URBAN COORDINATING COUNCIL EMPOWERMENT NEIGHBORHOOD
- A neighborhood given priority access to state resources through the New Jersey Redevelopment Authority.
- URBAN ENTERPRISE ZONES
- A zone designated by the New Jersey Enterprise Zone Authority pursuant to the New Jersey Urban Enterprise Zones Act, N.J.S.A. 52:27H-60 et seq.
- URBAN REDEVELOPMENT AREA
- Previously developed portions of areas:
- WATERS OF THE STATE
- The ocean and its estuaries, all springs, streams, wetlands, and bodies of surface or ground water, whether natural or artificial, within the boundaries of the State of New Jersey or subject to its jurisdiction.
- WETLANDS or WETLAND
- An area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as "hydrophytic vegetation."
Stormwater management measures for major development shall be developed to meet the erosion control, groundwater recharge, stormwater runoff quantity, and stormwater runoff quality standards in Subsection 19-5.4. To the maximum extent practicable, these standards shall be met by incorporating nonstructural stormwater management strategies into the design. If these strategies alone are not sufficient to meet these standards, structural stormwater management measures necessary to meet these standards shall be incorporated into the design.
The standards in this section apply only to new major development and are intended to minimize the impact of stormwater runoff on water quality and water quantity in receiving water bodies and maintain groundwater recharge. The standards do not apply to new major development to the extent that alternative design and performance standards are applicable under a regional stormwater management plan or water quality management plan adopted in accordance with Department rules.
The development shall incorporate a maintenance plan for the stormwater management measures incorporated into the design of a major development in accordance with Subsection 19-5.10.
Stormwater management measures shall avoid adverse impacts of concentrated flow on habitat for threatened and endangered species as documented in the Department's Landscape Project or Natural Heritage Database established under N.J.S.A. 13:1B-15.147 through 15.150, particularly Helonias bullata (swamp pink) and/or Clemmys muhlenbergi (bog turtle).
The following linear development projects are exempt from the groundwater recharge, stormwater runoff quantity, and stormwater runoff quality requirements of Paragraphs f and g:
The construction of an underground utility line, provided that the disturbed areas are revegetated upon completion;
The construction of an aboveground utility line, provided that the existing conditions are maintained to the maximum extent practicable; and
The construction of a public pedestrian access, such as a sidewalk or trail, with a maximum width of 14 feet, provided that the access is made of permeable material.
A waiver from strict compliance from the groundwater recharge, stormwater runoff quantity, and stormwater runoff quality requirements of Paragraphs f and g may be obtained for the enlargement of an existing public roadway or railroad; or the construction or enlargement of a public pedestrian access, provided that the following conditions are met:
The applicant demonstrates that there is a public need for the project that cannot be accomplished by any other means;
The applicant demonstrates through an alternatives analysis that through the use of nonstructural and structural stormwater management strategies and measures, the option selected complies with the requirements of Paragraphs f and g to the maximum extent practicable;
The applicant demonstrates that in order to meet the requirements of Paragraphs f and g, existing structures currently in use, such as homes and buildings, would need to be condemned; and
The applicant demonstrates that it does not own or have other rights to areas, including the potential to obtain through condemnation lands not falling under Paragraph d3 above within the upstream drainage area of the receiving stream, that would provide additional opportunities to mitigate the requirements of Paragraphs f and g that were not achievable on-site.
Nonstructural stormwater management strategies.
To the maximum extent practicable, the standards in Paragraphs f and g shall be met by incorporating nonstructural stormwater management strategies set forth at Paragraph e into the design. The applicant shall identify the nonstructural measures incorporated into the design of the project. If the applicant contends that it is not feasible for engineering, environmental, or safety reasons to incorporate any nonstructural stormwater management measures identified in Paragraph e2 below into the design of a particular project, the applicant shall identify the strategy considered and provide a basis for the contention.
Nonstructural stormwater management strategies incorporated into site design shall:
Protect areas that provide water quality benefits or areas particularly susceptible to erosion and sediment loss;
Minimize impervious surfaces and break up or disconnect the flow of runoff over impervious surfaces;
Maximize the protection of natural drainage features and vegetation;
Minimize the decrease in the time of concentration from preconstruction to post-construction. "Time of concentration" is defined as the time it takes for runoff to travel from the hydraulically most distant point of the watershed to the point of interest within a watershed;
Minimize land disturbance including clearing and grading;
Minimize soil compaction;
Provide low-maintenance landscaping that encourages retention and planting of native vegetation and minimizes the use of lawns, fertilizers and pesticides;
Provide vegetated open-channel conveyance systems discharging into and through stable vegetated areas;
Provide other source controls to prevent or minimize the use or exposure of pollutants at the site in order to prevent or minimize the release of those pollutants into stormwater runoff. Such source controls include, but are not limited to:
Site design features that help to prevent accumulation of trash and debris in drainage systems, including features that satisfy Paragraph e3 below;
Site design features that help to prevent discharge of trash and debris from drainage systems;
Site design features that help to prevent and/or contain spills or other harmful accumulations of pollutants at industrial or commercial developments; and
When establishing vegetation after land disturbance, applying fertilizer in accordance with the requirements established under the Soil Erosion and Sediment Control Act, N.J.S.A. 4:24-39 et seq., and implementing rules.
Site design features identified under Paragraph e2(1)(2) above shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets. For purposes of this subsection, "solid and floatable materials" means sediment, debris, trash, and other floating, suspended, or settleable solids. For exemptions to this standard, see Paragraph e3(c) below.
Design engineers shall use either of the following grates whenever they use a grate in pavement or another ground surface to collect stormwater from that surface into a storm drain or surface water body under that grate:
The New Jersey Department of Transportation (NJDOT) bicycle-safe grate, which is described in Chapter 2.4 of the NJDOT Bicycle Compatible Roadways and Bikeways Planning and Design Guidelines (April 1996); or
A different grate, if each individual clear space in that grate has an area of no more than 7.0 square inches, or is no greater than 0.5 inch across the smallest dimension.
Examples of grates subject to this standard include grates in grate inlets, the grate portion (non-curb-opening portion) of combination inlets, grates on storm sewer manholes, ditch grates, trench grates, and grates of spacer bars in slotted drains. Examples of ground surfaces include surfaces of roads (including bridges), driveways, parking areas, bikeways, plazas, sidewalks, lawns, fields, open channels, and stormwater basin floors.
Whenever design engineers use a curb-opening inlet, the clear space in that curb opening (or each individual clear space, if the curb opening has two or more clear spaces) shall have an area of no more than 7.0 square inches, or be no greater than 2.0 inches across the smallest dimension.
This standard does not apply:
Where the review agency determines that this standard would cause inadequate hydraulic performance that could not practicably be overcome by using additional or larger storm drain inlets that meet these standards;
Where flows from the water quality design storm as specified in Paragraph g1 are conveyed through any device (e.g., end-of-pipe netting facility, manufactured treatment device, or a catch basin hood) that is designed, at a minimum, to prevent delivery of all solid and floatable materials that could not pass through one of the following:
Where flows are conveyed through a trash rack that has parallel bars with one-inch spacing between the bars, to the elevation of the water quality design storm as specified in Paragraph g1; or
Where the New Jersey Department of Environmental Protection determines, pursuant to the New Jersey Register of Historic Places Rules at N.J.A.C. 7:4-7.2(c), that action to meet this standard is an undertaking that constitutes an encroachment or will damage or destroy the New Jersey Register listed historic property.
Any land area used as a nonstructural stormwater management measure to meet the performance standards in Paragraphs f and g shall be dedicated to a government agency, subjected to a conservation restriction filed with the appropriate County Clerk's office, or subject to an approved equivalent restriction that ensures that measure or an equivalent stormwater management measure approved by the reviewing agency is maintained in perpetuity.
Erosion control, groundwater recharge and runoff quantity standards.
This subsection contains minimum design and performance standards to control erosion, encourage and control infiltration and groundwater recharge, and control stormwater runoff quantity impacts of major development.
The minimum design and performance standards for erosion control are those established under the Soil Erosion and Sediment Control Act, N.J.S.A. 4:24-39 et seq. and implementing rules.
The minimum design and performance standards for groundwater recharge are as follows:
The design engineer shall, using the assumptions and factors for stormwater runoff and groundwater recharge calculations at Subsection 19-5.5 either:
Demonstrate through hydrologic and hydraulic analysis that the site and its stormwater management measures maintain 100% of the average annual preconstruction groundwater recharge volume for the site; or
Demonstrate through hydrologic and hydraulic analysis that the increase of stormwater runoff volume from preconstruction to post-construction for the two-year storm is infiltrated.
This groundwater recharge requirement does not apply to projects within the urban redevelopment area, or to projects subject to Paragraph f1(b)(3) below.
The following types of stormwater shall not be recharged:
Stormwater from areas of high-pollutant loading. High-pollutant loading areas are areas in industrial and commercial developments where solvents and/or petroleum products are loaded/unloaded, stored, or applied, areas where pesticides are loaded/unloaded or stored; areas where hazardous materials are expected to be present in greater than reportable quantities as defined by the United States Environmental Protection Agency (EPA) at 40 CFR 302.4; areas where recharge would be inconsistent with Department approved remedial action work plan or landfill closure plan and areas with high risks for spills of toxic materials, such as gas stations and vehicle maintenance facilities; and
Industrial stormwater exposed to source material. "Source material" means any material(s) or machinery, located at an industrial facility, that is directly or indirectly related to process, manufacturing or other industrial activities, which could be a source of pollutants in any industrial stormwater discharge to groundwater. Source materials include, but are not limited to, raw materials; intermediate products; final products; waste materials; by-products; industrial machinery and fuels, and lubricants, solvents, and detergents that are related to process, manufacturing, or other industrial activities that are exposed to stormwater.
The design engineer shall assess the hydraulic impact on the groundwater table and design the site so as to avoid adverse hydraulic impacts. Potential adverse hydraulic impacts include, but are not limited to, exacerbating a naturally or seasonally high water table so as to cause surficial ponding, flooding of basements, or interference with the proper operation of subsurface sewage disposal systems and other subsurface structures in the vicinity or downgradient of the groundwater recharge area.
In order to control stormwater runoff quantity impacts, the design engineer shall, using the assumptions and factors for stormwater runoff calculations at Subsection 19-5.5, complete one of the following:
Demonstrate through hydrologic and hydraulic analysis that for stormwater leaving the site, post-construction runoff hydrographs for the two-, ten-, and one-hundred-year storm events do not exceed, at any point in time, the preconstruction runoff hydrographs for the same storm events;
Demonstrate through hydrologic and hydraulic analysis that there is no increase, as compared to the preconstruction condition, in the peak runoff rates of stormwater leaving the site for the two-, ten-, and one-hundred-year storm events and that the increased volume or change in timing of stormwater runoff will not increase flood damage at or downstream of the site. This analysis shall include the analysis of impacts of existing land uses and projected land uses assuming full development under existing zoning and land use ordinances in the drainage area;
Design stormwater management measures so that the post-construction peak runoff rates for the two-, ten-, and one-hundred-year storm events are 50%, 75% and 80%, respectively, of the preconstruction peak runoff rates. The percentages apply only to the post-construction stormwater runoff that is attributable to the portion of the site on which the proposed development or project is to be constructed. The percentages shall not be applied to post-construction stormwater runoff into tidal flood hazard areas if the increased volume of stormwater runoff will not increase flood damages below the point of discharge; or
In tidal flood hazard areas, stormwater runoff quantity analysis in accordance with Paragraphs F1c(1), (2) and (3) above shall only be applied if the increased volume of stormwater runoff could increase flood damages below the point of discharge.
Any application for a new agricultural development that meets the definition of "major development" at Subsection 19-5.2 shall be submitted to the appropriate Soil Conservation District for review and approval in accordance with the requirements of this section and any applicable Soil Conservation District guidelines for stormwater runoff quantity and erosion control. For the purposes of this section, "agricultural development" means land uses normally associated with the production of food, fiber and livestock for sale. Such uses do not include the development of land for the processing or sale of food and the manufacturing of agriculturally related products.
Stormwater runoff quality standards.
Stormwater management measures shall be designed to reduce the post-construction load of total suspended solids (TSS) in stormwater runoff by 80% of the anticipated load from the developed site, expressed as an annual average. Stormwater management measures shall only be required for water quality control if an additional 1/4 acre of impervious surface is being proposed on a development site. The requirement to reduce TSS does not apply to any stormwater runoff in a discharge regulated under a numeric effluent limitation for TSS imposed under the New Jersey Pollution Discharge Elimination System (NJPDES) rules, N.J.A.C. 7:14A, or in a discharge specifically exempt under a NJPDES permit from this requirement. The water quality design storm is 1.25 inches of rainfall in two hours. Water quality calculations shall take into account the distribution of rain from the water quality design storm, as reflected in Table 1. The calculation of the volume of runoff may take into account the implementation of nonstructural and structural stormwater management measures.
For purposes of TSS reduction calculations, Table 2 below presents the presumed removal rates for certain BMPs designed in accordance with the New Jersey Stormwater Best Management Practices Manual. The BMP Manual may be obtained from the address identified in Subsection 19-5.7, or found on the Department's website at www.njstormwater.org. The BMP Manual and other sources of technical guidance are listed in Subsection 19-5.7. TSS reduction shall be calculated based on the removal rates for the BMPs in Table 2 below. Alternative removal rates and methods of calculating removal rates may be used if the design engineer provides documentation demonstrating the capability of these alternative rates and methods to the review agency. A copy of any approved alternative rate or method of calculating the removal rate shall be provided to the Department at the following address: Division of Watershed Management, New Jersey Department of Environmental Protection, PO Box 418, Trenton, New Jersey 08625-0418.
If more than one BMP in series is necessary to achieve the required TSS reduction of 80% for a site, the applicant shall utilize the following formula to calculate TSS reduction:
If there is more than one on-site drainage area, the TSS removal rate of 80% shall apply to each drainage area, unless the runoff from the subareas converge on site, in which case the removal rate can be demonstrated through a calculation using a weighted average.
Stormwater management measures shall also be designed to reduce, to the maximum extent feasible, the post-construction nutrient load of the anticipated load from the developed site in stormwater runoff generated from the water quality design storm. In achieving reduction of nutrients to the maximum extent feasible, the design of the site shall include nonstructural strategies and structural measures that optimize nutrient removal while still achieving the performance standards in Paragraphs f and g.
Additional information and examples are contained in the New Jersey Stormwater Best Management Practices Manual, which may be obtained from the address identified in Subsection 19-5.7.
In accordance with the definition of FW1 at N.J.A.C. 7:9B-1.4, stormwater management measures shall be designed to prevent any increase in stormwater runoff to waters classified as FW1.
Special water resource protection areas shall be established along all waters designated Category One at N.J.A.C. 7:9B, and perennial or intermittent streams that drain into or upstream of the Category One waters as shown on the USGS Quadrangle Maps or in the County Soil Surveys, within the associated HUC14 drainage area. These areas shall be established for the protection of water quality, aesthetic value, exceptional ecological significance, exceptional recreational significance, exceptional water supply significance, and exceptional fisheries significance of those established Category One waters. These areas shall be designated and protected as follows:
The applicant shall preserve and maintain a special water resource protection area in accordance with one of the following:
A three-hundred-foot special water resource protection area shall be provided on each side of the waterway, measured perpendicular to the waterway from the top of the bank outwards or from the center line of the waterway where the bank is not defined, consisting of existing vegetation or vegetation allowed to follow natural succession is provided.
Encroachment within the designated special water resource protection area under Paragraph g8(a)(1) above shall only be allowed where previous development or disturbance has occurred (for example, active agricultural use, parking area or maintained lawn area). The encroachment shall only be allowed where the applicant demonstrates that the functional value and overall condition of the special water resource protection area will be maintained to the maximum extent practicable. In no case shall the remaining special water resource protection area be reduced to less than 150 feet as measured perpendicular to the top of bank of the waterway or center line of the waterway where the bank is undefined. All encroachments proposed under this subsection shall be subject to review and approval by the Department.
All stormwater shall be discharged outside of and flow through the special water resource protection area and shall comply with the standard for off-site stability in the Standards For Soil Erosion and Sediment Control in New Jersey, established under the Soil Erosion and Sediment Control Act, N.J.S.A. 4:24-39 et seq.
If stormwater discharged outside of and flowing through the special water resource protection area cannot comply with the standard for off-site stability in the Standards for Soil Erosion and Sediment Control in New Jersey, established under the Soil Erosion and Sediment Control Act, N.J.S.A. 4:24-39 et seq., then the stabilization measures in accordance with the requirements of the above standards may be placed within the special water resource protection area, provided that:
Stabilization measures shall not be placed within 150 feet of the Category One waterway;
Stormwater associated with discharges allowed by this section shall achieve a TSS post-construction removal rate of 95%;
Temperature shall be addressed to ensure no impact on the receiving waterway;
The encroachment shall only be allowed where the applicant demonstrates that the functional value and overall condition of the special water resource protection area will be maintained to the maximum extent practicable;
A conceptual project design meeting shall be held with the appropriate Department staff and Soil Conservation District staff to identify necessary stabilization measures; and
All encroachments proposed under this section shall be subject to review and approval by the Department.
A stream corridor protection plan may be developed by a regional stormwater management planning committee as an element of a regional stormwater management plan, or by a municipality through an adopted municipal stormwater management plan. If a stream corridor protection plan for a waterway subject to Subsection 19-5.4g8 has been approved by the Department of Environmental Protection, then the provisions of the plan shall be the applicable special water resource protection area requirements for that waterway. A stream corridor protection plan for a waterway subject to Paragraph g8 shall maintain or enhance the current functional value and overall condition of the special water resource protection area as defined in Paragraph g8(a)(1) above. In no case shall a stream corridor protection plan allow the reduction of the special water resource protection area to less than 150 feet as measured perpendicular to the waterway subject to this subsection.
Paragraph g8 does not apply to the construction of one individual single-family dwelling that is not part of a larger development on a lot receiving preliminary or final subdivision approval on or before February 2, 2004, provided that the construction begins on or before February 2, 2009.
Stormwater runoff shall be calculated in accordance with the following:
The design engineer shall calculate runoff using one of the following methods:
The USDA Natural Resources Conservation Service (NRCS) methodology, including the NRCS Runoff Equation and Dimensionless Unit Hydrograph, as described in the NRCS National Engineering Handbook Section 4 – Hydrology and Technical Release 55 – Urban Hydrology for Small Watersheds; or
The Rational Method for peak flow and the Modified Rational Method for hydrograph computations.
For the purpose of calculating runoff coefficients and groundwater recharge, there is a presumption that the preconstruction condition of a site or portion thereof is a wooded land use with good hydrologic condition. The term "runoff coefficient" applies to both the NRCS methodology at Subsection 19-5.5a1(a) and the Rational and Modified Rational Methods at Subsection 19-5.5a1(b). A runoff coefficient or a groundwater recharge land cover for an existing condition may be used on all or a portion of the site if the design engineer verifies that the hydrologic condition has existed on the site or portion of the site for at least five years without interruption prior to the time of application. If more than one land cover has existed on the site during the five years immediately prior to the time of application, the land cover with the lowest runoff potential shall be used for the computations. In addition, there is the presumption that the site is in good hydrologic condition (if the land use type is pasture, lawn, or park), with good cover (if the land use type is woods), or with good hydrologic condition and conservation treatment (if the land use type is cultivation).
In computing preconstruction stormwater runoff, the design engineer shall account for all significant land features and structures, such as ponds, wetlands, depressions, hedgerows, or culverts, that may reduce preconstruction stormwater runoff rates and volumes.
In computing stormwater runoff from all design storms, the design engineer shall consider the relative stormwater runoff rates and/or volumes of pervious and impervious surfaces separately to accurately compute the rates and volume of stormwater runoff from the site. To calculate runoff from unconnected impervious cover, urban impervious area modifications as described in the NRCS Technical Release 55 – Urban Hydrology for Small Watersheds and other methods may be employed.
If the invert of the outlet structure of a stormwater management measure is below the flood hazard design flood elevation as defined at N.J.A.C. 7:13, the design engineer shall take into account the effects of tailwater in the design of structural stormwater management measures.
Groundwater recharge may be calculated in accordance with the following:
The New Jersey Geological Survey Report GSR-32, A Method for Evaluating Ground-Water Recharge Areas in New Jersey, incorporated herein by reference as amended and supplemented. Information regarding the methodology is available from the New Jersey Stormwater Best Management Practices Manual; at http://www.state.nj.us/dep/njgs/; or at New Jersey Geological Survey, 29 Arctic Parkway, P.O. Box 427, Trenton, New Jersey 08625-0427; (609) 984-6587.
Standards for structural stormwater management measures are as follows:
Structural stormwater management measures shall be designed to take into account the existing site conditions, including, for example, environmentally critical areas, wetlands; flood-prone areas; slopes; depth to seasonal high water table; soil type, permeability and texture; drainage area and drainage patterns; and the presence of solution-prone carbonate rocks (limestone).
Structural stormwater management measures shall be designed to minimize maintenance, facilitate maintenance and repairs, and ensure proper functioning. Trash racks shall be installed at the intake to the outlet structure as appropriate, and shall have parallel bars with one-inch spacing between the bars to the elevation of the water quality design storm. For elevations higher than the water quality design storm, the parallel bars at the outlet structure shall be spaced no greater than 1/3 the width of the diameter of the orifice or 1/3 the width of the weir, with a minimum spacing between bars of one inch and a maximum spacing between bars of six inches. In addition, the design of trash racks must comply with the requirements of Subsection 19-5.8d.
Structural stormwater management measures shall be designed, constructed, and installed to be strong, durable, and corrosion-resistant. Measures that are consistent with the relevant portions of the residential site improvement standards at N.J.A.C. 5:21-7.3, 7.4, and 7.5 shall be deemed to meet this requirement.
At the intake to the outlet from the stormwater management basin, the orifice size shall be a minimum of 2 1/2 inches in diameter.
Stormwater management measure guidelines are available in the New Jersey Stormwater Best Management Practices Manual. Other stormwater management measures may be utilized, provided the design engineer demonstrates that the proposed measure and its design will accomplish the required water quantity, groundwater recharge and water quality design and performance standards established by Subsection 19-5.4 of this section.
Technical guidance for stormwater management measures can be found in the documents listed at Paragraphs a1 and 2 below, which are available from Maps and Publications, New Jersey Department of Environmental Protection, 428 East State Street, P.O. Box 420, Trenton, New Jersey 08625; telephone (609) 777-1038.
Guidelines for stormwater management measures are contained in the New Jersey Stormwater Best Management Practices Manual, as amended. Information is provided on stormwater management measures, such as bioretention systems, constructed stormwater wetlands, dry wells, extended detention basins, infiltration structures, manufactured treatment devices, pervious paving, sand filters, vegetative filter strips, and wet ponds.
The New Jersey Department of Environmental Protection Stormwater Management Facilities Maintenance Manual, as amended.
Additional technical guidance for stormwater management measures can be obtained from the following:
The Standards for Soil Erosion and Sediment Control in New Jersey promulgated by the State Soil Conservation Committee and incorporated into N.J.A.C. 2:90. Copies of these standards may be obtained by contacting the State Soil Conservation Committee or any of the Soil Conservation Districts listed in N.J.A.C. 2:90-1.3(a)4. The location, address, and telephone number of each Soil Conservation District may be obtained from the State Soil Conservation Committee, P.O. Box 330, Trenton, New Jersey 08625; (609) 292-5540.
The Rutgers Cooperative Extension Service, 732-932-9306.
The Soil Conservation Districts listed in N.J.A.C. 2:90-1.3(a)4. The location, address, and telephone number of each Soil Conservation District may be obtained from the State Soil Conservation Committee, P.O. Box 330, Trenton, New Jersey 08625, (609) 292-5540.
This section sets forth requirements to protect public safety through the proper design and operation of stormwater management basins. This section applies to any new stormwater management basin. Note to the Applicant: The provisions of this section are not intended to preempt more stringent municipal or county safety requirements for new or existing stormwater management basins. Municipal and county stormwater management plans and ordinances may, pursuant to their authority, require existing stormwater management basins to be retrofitted to meet one or more of the safety standards in Subsection 19-5.8b1, 2 and 3 for trash racks, overflow grates, and escape provisions at outlet structures.
Requirements for Trash Racks, Overflow Grates and Escape Provisions.
A trash rack is a device designed to catch trash and debris and prevent the clogging of outlet structures. Trash racks shall be installed at the intake to the outlet from the stormwater management basin to ensure proper functioning of the basin outlets in accordance with the following:
The trash rack shall have parallel bars, with no greater than six-inch spacing between the bars.
The trash rack shall be designed so as not to adversely affect the hydraulic performance of the outlet pipe or structure.
The average velocity of flow through a clean trash rack is not to exceed 2.5 feet per second under the full range of stage and discharge. Velocity is to be computed on the basis of the net area of opening through the rack.
The trash rack shall be constructed and installed to be rigid, durable, and corrosion-resistant, and shall be designed to withstand a perpendicular live loading of 300 pounds per square feet.
An overflow grate is designed to prevent obstruction of the overflow structure. If an outlet structure has an overflow grate, such grate shall meet the following requirements:
The overflow grate shall be secured to the outlet structure but removable for emergencies and maintenance.
The overflow grate spacing shall be no less than two inches across the smallest dimension.
The overflow grate shall be constructed and installed to be rigid, durable, and corrosion-resistant, and shall be designed to withstand a perpendicular live loading of 300 pounds per square feet.
For purposes of this Paragraph b3, "escape provisions" means the permanent installation of ladders, steps, rungs, or other features that provide easily accessible means of egress from stormwater management basins. Stormwater management basins shall include escape provisions as follows:
If a stormwater management basin has an outlet structure, escape provisions shall be incorporated in or on the structure. With the prior approval of the reviewing agency identified in Subsection 19-5.8c, a free-standing outlet structure may be exempted from this requirement.
Safety ledges shall be constructed on the slopes of all new stormwater management basins having a permanent pool of water deeper than 2 1/2 feet. Such safety ledges shall be comprised of two steps. Each step shall be four feet to six feet in width. One step shall be located approximately 2 1/2 feet below the permanent water surface, and the second step shall be located one foot to 1 1/2 feet above the permanent water surface. See Subsection 19-5.8d for an illustration of safety ledges in a stormwater management basin.
In new stormwater management basins, the maximum interior slope for an earthen dam, embankment, or berm shall not be steeper than three horizontal to one vertical.
Variance or exemption from safety standards. A variance or exemption from the safety standards for stormwater management basins may be granted only upon a written finding by the appropriate reviewing agency (municipality, county or Department) that the variance or exemption will not constitute a threat to public safety.
Illustration of safety ledges in a new stormwater management basin.
Submission of site development stormwater plan.
Whenever an applicant seeks municipal approval of a development subject to this section, the applicant shall submit all of the required components of the Checklist for the Site Development Stormwater Plan at Subsection 19-5.9c below as part of the submission of the applicant's application for subdivision or site plan approval.
The applicant shall demonstrate that the project meets the standards set forth in this section.
The applicant shall submit 15 copies of the materials listed in the checklist for site development stormwater plans in accordance with Subsection 19-5.9c of this section.
Site development stormwater plan approval. The applicant's site development project shall be reviewed as a part of the subdivision or site plan review process by the municipal board or official from which municipal approval is sought. That municipal board or official shall consult the engineer retained by the Planning and/or Zoning Board (as appropriate) to determine if all of the checklist requirements have been satisfied and to determine if the project meets the standards set forth in this section.
Checklist requirements. The following information shall be required:
Topographic base map. The reviewing engineer may require upstream tributary drainage system information as necessary. It is recommended that the topographic base map of the site be submitted which extends a minimum of 200 feet beyond the limits of the proposed development, at a scale of one inch equals 200 feet or greater, showing two-foot contour intervals. The map as appropriate may indicate the following: existing surface water drainage, shorelines, steep slopes, soils, erodible soils, perennial or intermittent streams that drain into or upstream of the Category One waters, wetlands and floodplains along with their appropriate buffer strips, marshlands and other wetlands, pervious or vegetative surfaces, existing man-made structures, roads, bearing and distances of property lines, and significant natural and man-made features not otherwise shown.
Environmental site analysis. A written and graphic description of the natural and man-made features of the site and its environs. This description should include a discussion of soil conditions, slopes, wetlands, waterways and vegetation on the site. Particular attention should be given to unique, unusual, or environmentally sensitive features and to those that provide particular opportunities or constraints for development.
Project description and site plan(s). A map (or maps) at the scale of the topographical base map indicating the location of existing and proposed buildings, roads, parking areas, utilities, structural facilities for stormwater management and sediment control, and other permanent structures. The map(s) shall also clearly show areas where alterations occur in the natural terrain and cover, including lawns and other landscaping, and seasonal high groundwater elevations. A written description of the site plan and justification of proposed changes in natural conditions may also be provided.
Land use planning and source control plan. This plan shall provide a demonstration of how the goals and standards of Subsections 19-5.3 through 19-5.6 are being met. The focus of this plan shall be to describe how the site is being developed to meet the objective of controlling groundwater recharge, stormwater quality and stormwater quantity problems at the source by land management and source controls whenever possible.
Stormwater Management Facilities Map. The following information, illustrated on a map of the same scale as the topographic base map, shall be included:
Total area to be paved or built upon, proposed surface contours, land area to be occupied by the stormwater management facilities and the type of vegetation thereon, and details of the proposed plan to control and dispose of stormwater.
Details of all stormwater management facility designs, during and after construction, including discharge provisions, discharge capacity for each outlet at different levels of detention and emergency spillway provisions with maximum discharge capacity of each spillway.
Comprehensive hydrologic and hydraulic design calculations for the predevelopment and post-development conditions for the design storms specified in Subsection 19-5.4 of this section.
When the proposed stormwater management control measure (e.g., infiltration basins) depends on the hydrologic properties of soils, then a soils report shall be submitted. The soils report shall be based on on-site boring logs or soil pit profiles. The number and location of required soil borings or soil pits shall be determined based on what is needed to determine the suitability and distribution of soils present at the location of the control measure.
Maintenance and repair plan. The design and planning of the stormwater management facility shall meet the maintenance requirements of Subsection 19-5.10.
Waiver from submission requirements. The municipal official or board reviewing an application under this section may, in consultation with the Borough Engineer, waive submission of any of the requirements in Subsection 19-5.9c1 through 6 of this section when it can be demonstrated that the information requested is impossible to obtain or it would create a hardship on the applicant to obtain and its absence will not materially affect the review process.
Applicability. Projects subject to review as in Subsection 19-5.1c of this section shall comply with the requirements of Subsection 19-5.10b and c.
The design engineer shall prepare a maintenance plan for the stormwater management measures incorporated into the design of a major development.
The maintenance plan shall contain specific preventative maintenance tasks and schedules; cost estimates, including estimated cost of sediment, debris, or trash removal; and the name, address, and telephone number of the person or persons responsible for preventative and corrective maintenance (including replacement). Maintenance guidelines for stormwater management measures are available in the New Jersey Stormwater Best Management Practices Manual. If the maintenance plan identifies a person other than the developer (for example, a public agency or homeowners' association) as having the responsibility for maintenance, the plan shall include documentation of such person's agreement to assume this responsibility, or of the developer's obligation to dedicate a stormwater management facility to such person under an applicable ordinance or regulation.
Responsibility for maintenance shall not be assigned or transferred to the owner or tenant of an individual property in a residential development or project, unless such owner or tenant owns or leases the entire residential development or project.
If the person responsible for maintenance identified under Subsection 19-5.10b2 above is not a public agency, the maintenance plan and any future revisions based on Subsection 19-5.10b7 below shall be recorded upon the deed of record for each property on which the maintenance described in the maintenance plan must be undertaken.
Preventative and corrective maintenance shall be performed to maintain the function of the stormwater management measure, including repairs or replacement to the structure; removal of sediment, debris, or trash; restoration of eroded areas; snow and ice removal; fence repair or replacement; restoration of vegetation; and repair or replacement of nonvegetated linings.
The person responsible for maintenance identified under Subsection 19-5.10b2 above shall maintain a detailed log of all preventative and corrective maintenance for the structural stormwater management measures incorporated into the design of the development, including a record of all inspections and copies of all maintenance-related work orders.
The person responsible for maintenance identified under Subsection 19-5.10b2 above shall evaluate the effectiveness of the maintenance plan at least once per year and adjust the plan and the deed as needed.
The person responsible for maintenance identified under Subsection 19-5.10b2 above shall retain and make available, upon request by any public entity with administrative, health, environmental, or safety authority over the site, the maintenance plan and the documentation required by Subsection 19-5.10b6 and 7 above.
The requirements of Subsection 19-5.10b3 and 4 do not apply to stormwater management facilities that are dedicated to and accepted by the municipality or another governmental agency.
In the event that the stormwater management facility becomes a danger to public safety or public health, or if it is in need of maintenance or repair, the municipality shall so notify the responsible person in writing. Upon receipt of that notice, the responsible person shall have 14 days to effect maintenance and repair of the facility in a manner that is approved by the Municipal Engineer or his designee. The municipality, in its discretion, may extend the time allowed for effecting maintenance and repair for good cause. If the responsible person fails or refuses to perform such maintenance and repair, the municipality or county may immediately proceed to do so and shall bill the cost thereof to the responsible person.
A two-year maintenance guarantee in accordance with N.J.S.A. 40:55D-53 shall be posted for the maintenance of the stormwater facilities.
Guidelines for developing a maintenance and inspection program are provided in the New Jersey Stormwater Best Management Practices Manual and the NJDEP Ocean County Demonstration Study, Stormwater Management Facilities Maintenance Manual, dated June 1989 available from the NJDEP, Watershed Management Program.)
Nothing in this section shall preclude the municipality in which the major development is located from requiring the posting of a performance or maintenance guarantee in accordance with N.J.S.A. 40:55D-53.
[Adopted 7-26-2006 by Ord. No. 27-2006]
As used in this section, the following terms shall have the meanings indicated:
- RAIN SENSOR
- An automatic device that will override the irrigation cycle of an irrigation system, thus turning it off, when a predetermined amount of rain has fallen. To meet the requirements of this section, a rain sensor shall be adjusted to shut off irrigation systems when up to 1/4 inch of rain has fallen.
- REDUCED PRESSURE PRINCIPLE BACKFLOW PREVENTION ASSEMBLY VALVE (hereinafter "RPZ valve")
- An assembly containing a minimum of two independently acting check valves together with an automatically operated pressure differential relief valve, located between the two check valves and approved under ASSE Standard 1013. During normal flow and at the cessation of normal flow, the pressure between these two checks shall be less than the supply pressure. In case of leakage of either check valve, the differential relief valve, by discharging to the atmosphere, shall operate to maintain the pressure between the check valves at less than the supply pressure.
From and after September 1, 2006, RPZ valves shall be required on all automatic irrigation systems that will receive water from the Ramsey Board of Public Works, including, but not limited to, water received from United Water through the Ramsey Board of Public Works.
New installation. From and after September 1, 2006, rain sensors shall be required on all automatic irrigation systems that will receive water from the Ramsey Board of Public Works, including, but not limited to, water received from United Water through the Ramsey Board of Public Works.
Existing systems. Rain sensors shall be installed on all existing automatic irrigation systems that receive town water on or before May 1, 2007.
All rain sensors shall be adjusted and set so that they automatically shut off the irrigation system after not more than 1/4 inch of rainfall has occurred. All rain sensors shall be installed according to manufacturer's instructions in a location that will provide full exposure to rainfall such that accuracy of operation is assured and shall be maintained in good working condition. No person shall, with the intent of circumventing the purpose of this section, adjust either the rain sensor or irrigation system so that the rain sensor is not able to override and turn off the irrigation system after 1/4 inch of rain has fallen.
Rain sensors. The Police Department or its designee shall be responsible for enforcing this section as it applies to rain sensors. Whenever the police determine that a violation of this section exists, the police shall issue a written warning identifying the date, location and nature of the violation, the person cited, and requiring compliance within 48 hours of the written warning, specifying the penalty in the event there is a failure to comply.
In the event the person issued the written warning fails to comply with the section, the police may issue a summons to appear in Municipal Court.
Civil penalties. Any person who violates any provision of this section as it applies to rain sensors shall be subject to a fine in the amount of $100 for the first day, $200 for the second day, $300 for the third day, and $400 for each day thereafter that the violation continues, to be recovered by the Borough in a action in the Municipal Court of the Borough of Ramsey. Because watering may not take place every day, a violation shall be deemed continuing if an irrigation system that was previously the subject of a citation has the same violation on more than one day.