[Amended 3-23-1987 by Ord. No. 7-86; 3-23-1987 by Ord. No. 7-87; 7-22-2002 by Ord. No. 26-2002; 4-24-2006 by Ord. No. 5-2006; 11-8-2010 by Ord. No. 56-2010; 1-25-2021 by Ord. No. 2-2021[1]]
[1]
Editor's Note: This ordinance also changed the title of this article from "Stormwater, Wetland Protection, Steep Slopes, Flood Control and Riparian Buffer Zone" to "Environmental Protection."
A. 
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.
CAMPUS REDEVELOPMENT
A redevelopment that involves multiple adjacent contiguous lots under common ownership of multiple structures structures on the same lot which already contains development or in which the applicant proposes to phase redevelopment over a period of time.
COMMUNITY BASIN
An infiltration system, sand filter designed to infiltrate, standard constructed wetland, or wet pond, established in accordance with N.J.A.C. 7:8-4.2(c)14, that is designed and constructed in accordance with the New Jersey Stormwater Best Management Practices Manual, or an alternate design, approved in accordance with N.J.A.C. 7:8-5.2(g), for an infiltration system, sand filter designed to infiltrate, standard constructed wetland, or wet pond and that complies with the requirements of this chapter.
COMPACTION
The increase in soil bulk density.
CONTRIBUTORY DRAINAGE AREA
The area from which stormwater runoff drains to a stormwater management measure, not including the area of the stormwater management measure itself.
CORE
A pedestrian-oriented area of commercial and civic uses serving the surrounding municipality, generally including housing and access to public transportation.
CORE FOREST
The area from which stormwater runoff drains to a stormwater management measure, not including the area of the stormwater management measure itself.
[Added 3-11-2024 by Ord. No. 9-2024]
COUNTY REVIEW AGENCY
An agency designated by the Board of County Commissioners to review municipal stormwater management plans and implementing ordinance(s). The county review agency may either be:
(1) 
A county planning agency; or
(2) 
A county water resource association created under N.J.S.A. 58:16A-55.5, if the ordinance or resolution delegates authority to approve, conditionally approve, or disapprove municipal stormwater management plans and implementing ordinances.
DEPARTMENT
The Department of Environmental Protection.
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.
DESIGNATED CENTER
A state development and redevelopment plan center as designated by the State Planning Commission such as urban, regional, town, village, or hamlet.
DEVELOPMENT
The division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation or enlarge-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, 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 land, 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.
DISTURBANCE
The placement or reconstruction of impervious surface or motor vehicle surface, or exposure and/or movement of soil or bedrock or clearing, cutting, or removing of vegetation. Milling and repaving is not considered disturbance for the purposes of this definition.
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 water body.
EMPOWERMENT NEIGHBORHOODS
Neighborhoods 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 CONSTRAINED AREA
The following areas where the physical alteration of the land is in some way restricted, either through regulation, easement, deed restriction or ownership such as wetlands, floodplains, threatened and endangered species sites or designated habitats, and parks and preserves. 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.
ENVIRONMENTALLY CRITICAL AREA
An area or feature which is of significant environmental value, including but not limited to stream corridors, natural heritage priority sites, habitats of endangered or threatened species, large areas of contiguous open space or upland forest, steep slopes, and well head 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.
EROSION
The detachment and movement of soil or rock fragments by water, wind, ice, or gravity.
FOREST
A wooded area having an ecosystem typically consisting of a thick growth of trees and plants that has occurred through natural succession or reforestation, that exhibits or normally exhibits a contiguous tree canopy of greater than either 200 feet in width in any direction or one acre in area. The term "forest" shall include, but not be limited to, "core forest" as defined above.
[Added 3-11-2024 by Ord. No. 9-2024]
GREEN INFRASTRUCTURE
A stormwater management measure that manages stormwater close to its source by:
(1) 
Treating stormwater runoff through infiltration into subsoil;
(2) 
Treating stormwater runoff through filtration by vegetation or soil; or
(3) 
Storing stormwater runoff for reuse.
HUC 14 or HYDROLOGIC UNIT CODE 14
An area within which water drains to a particular receiving surface water body, also known as a subwatershed, which is identified by a fourteen-digit hydrologic unit boundary designation, delineated within New Jersey by the United States Geological Survey.
IMPERVIOUS SURFACE
A surface that has been covered with a layer of material so that it is highly resistant to infiltration by water.
INFILTRATION
The process by which water seeps into the soil from precipitation.
LEAD PLANNING AGENCY
One or more public entities having stormwater management planning authority designated by the regional stormwater management planning committee pursuant to N.J.A.C. 7:8-3.2, that serves as the primary representative of the committee.
LOW-IMPACT DEVELOPMENT TECHNIQUES
Utilizing strategies and measures that manage stormwater runoff quantity and quality to supplement or replace structural stormwater measures. Examples include minimize site disturbance, preserve natural vegetation and drainage features such as forests, especially core forests and clusters of trees in their natural state, reduce and disconnect impervious cover, reduce ground slopes, utilize native vegetation, reduce and/or minimize turf grass, revegetate areas and maintain and enhance water absorption and filtration.
[Amended 3-11-2024 by Ord. No. 9-2024]
MAJOR DEVELOPMENT
(1) 
An individual "development," as well as multiple developments that individually or collectively result in:
(a) 
The disturbance of one or more acres of land since February 2, 2004;
(b) 
The creation of 1/4 acre or more of "regulated impervious surface" since February 2, 2004;
(c) 
The creation of 1/4 acre or more of "regulated motor vehicle surface" since March 2, 2021; or
(d) 
A combination of Subsection (1)(b) and (c) above that totals an area of 1/4 acre or more. The same surface shall not be counted twice when determining if the combination area equals one-quarter acre or more.
(2) 
Major development includes all developments that are part of a common plan of development or sale (for example, phased residential development) that collectively or individually meet any one or more of Subsection (1)(a), (b), (c) or (d), above. Projects undertaken by any government agency that 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."
MINOR DEVELOPMENT
Any development that results in an aggregate increase in impervious surface of 400 square feet or more but does not meet the definition of "major development." Minor development may include public projects as authorized by the governing body of the Borough of Madison.
[Amended 3-11-2024 by Ord. No. 9-2024]
MOTOR VEHICLE
Land vehicles propelled other than by muscular power, such as automobiles, motorcycles, autocycles, and low speed vehicles. For the purposes of this definition, motor vehicle does not include farm equipment, snowmobiles, all-terrain vehicles, motorized wheelchairs, go-carts, gas buggies, golf carts, ski-slope grooming machines, or vehicles that run only on rails or tracks.
MOTOR VEHICLE SURFACE
Any pervious or impervious surface that is intended to be used by "motor vehicles" and/or aircraft, and is directly exposed to precipitation including, but not limited to, driveways, parking areas, parking garages, roads, racetracks, and runways.
MUNICIPALITY
Any city, borough, town, township, or village.
NEW JERSEY STORMWATER BEST MANAGEMENT PRACTICES (BMP) MANUAL or BMP MANUAL
The manual maintained by the Department, providing, in part, design specifications, removal rates, calculation methods, and soil testing procedures approved by the Department as being capable of contributing to the achievement of the stormwater management standards specified in this chapter. The BMP Manual is periodically amended by the Department as necessary to provide design specifications on additional best management practices and new information on already included practices reflecting the best available current information regarding the particular practice and the Department's determination as to the ability of that best management practice to contribute to compliance with the standards contained in this chapter. Alternative stormwater management measures, removal rates, or calculation methods may be utilized, subject to any limitations specified in this chapter, provided the design engineer demonstrates to the municipality, in accordance with this article and N.J.A.C. 7:8-5.2(g), that the proposed measure and its design will contribute to achievement of the design and performance standards established by this chapter.
NODE
An area designated by the State Planning Commission concentrating facilities and activities which are not organized in a compact form.
NUTRIENT
A chemical element or compound, such as nitrogen or phosphorus, which is essential to and promotes the development of organisms.
PERSON
Any individual, corporation, company, partnership, firm, association, political subdivision of this state and any state, interstate or federal agency.
PERVIOUS PAVING SYSTEMS
Engineered paving systems, including porous concrete, porous asphalt and engineered porous paving systems, that permit the flow of water through their surface. Such systems shall comply in general with the requirements of Section 9.6 of the NJDEP Stormwater Best Management Practices Manual.
[Added 3-11-2024 by Ord. No. 9-2024]
POLLUTANT
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, ground waters or surface waters of the state, or to a domestic treatment works. "Pollutant" includes both hazardous and nonhazardous pollutants.
PUBLIC ROADWAY OR RAILROAD
A pathway for use by motor vehicles or trains that is intended for public use and is constructed by, or on behalf of, a public transportation entity. A public roadway or railroad does not include a roadway or railroad constructed as part of a private development, regardless of whether the roadway or railroad is ultimately to be dedicated to and/or maintained by a governmental entity.
[Added 3-11-2024 by Ord. No. 9-2024]
PUBLIC TRANSPORTATION ENTITY
A federal, state, county, or municipal government, an independent state authority, or a statutorily authorized public-private partnership program pursuant to P.L. 2018, c. 90 (N.J.S.A. 40A:11-52 et seq.), that performs a public roadway or railroad project that includes new construction, expansion, reconstruction, or improvement of a public roadway or railroad.
[Added 3-11-2024 by Ord. No. 9-2024]
RECHARGE
The amount of water from precipitation that infiltrates into the ground and is not evapotranspired.
REDEVELOPMENT
Development activity that results in creation, addition or replacement of impervious surface area on an already improved lot such as expansion of building footprint, addition to building, and replacement of impervious surface area that is not part of routine maintenance activity.
REGULATED IMPERVIOUS SURFACE
Any of the following, alone or in combination:
(1) 
A net increase of impervious surface;
(2) 
The total area of impervious surface collected by a new stormwater conveyance system (for the purpose of this definition, a "new stormwater conveyance system" is a stormwater conveyance system that is constructed where one did not exist immediately prior to its construction or an existing system for which a new discharge location is created);
(3) 
The total area of impervious surface proposed to be newly collected by an existing stormwater conveyance system; and/or
(4) 
The total area of impervious surface collected by an existing stormwater conveyance system where the capacity of that conveyance system is increased.
REGULATED MOTOR VEHICLE SURFACE
Any of the following, alone or in combination:
(1) 
The total area of motor vehicle surface that is currently receiving water;
(2) 
A net increase in motor vehicle surface; and/or
(3) 
Quality treatment either by vegetation or soil, by an existing stormwater management measure, or by treatment at a wastewater treatment plant, where the water quality treatment will be modified or removed.
ROUTINE MAINTENANCE
Periodic programmatic preservation activity such as driveway or parking lot sealing, milling and repaving work, roof, deck or patio repairs, but does not include replacement of roof framing of existing structures or complete reconstruction of impervious surfaces.
SEDIMENT
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.
SITE
The lot or lots upon which a major development is to occur or has occurred.
SOIL
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.
STORMWATER
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 BMP
An excavation or embankment and related areas designed to retain stormwater runoff. A stormwater management BMP may either be normally dry (that is, a detention basin or infiltration system), retain water in a permanent pool (a retention basin), or be planted mainly with wetland vegetation (most constructed stormwater wetlands).
STORMWATER MANAGEMENT MEASURE
Any 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 MANAGEMENT PLANNING AGENCY
A public body authorized by legislation to prepare stormwater management plans.
STORMWATER MANAGEMENT PLANNING AREA
The geographic area for which a stormwater management planning agency is authorized to prepare stormwater management plans, or a specific portion of that area identified in a stormwater management plan prepared by that agency.
STORMWATER RUNOFF
Water flow on the surface of the ground or in storm sewers, resulting from precipitation.
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.
WATER CONTROL STRUCTURE
A structure within, or adjacent to, a water, which intentionally or coincidentally alters the hydraulic capacity, the flood elevation resulting from the two-, ten-, or 100-year storm, flood hazard area limit, and/or floodway limit of the water. Examples of a water control structure may include a bridge, culvert, dam, embankment, ford (if above grade), retaining wall, and weir.
WATERS OF THE STATE
The ocean and its estuaries, all springs, streams, wetlands, and bodies of surface or groundwater, 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 ground water 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.
B. 
Additional definitions below are based on Flood Hazard Area Control Act (N.J.S.A. 58:16A), Freshwater Wetlands Protection Act (N.J.S.A. 13:9B et seq.), Wetlands Act of 1970 (N.J.S.A. 13:9A-1 et seq.), NJ Water Pollution Control Act (N.J.S.A. 58:10A et seq.), Flood Hazard Area Control Act Rules (N.J.A.C. 7:13), Freshwater Wetlands Protection Act Rules (N.J.A.C. 7:7A), Surface Water Quality Standards (N.J.A.C. 7:9B) and related environmental protection land use regulations:
AREA OF SPECIAL FLOOD HAZARD
The land in the floodplain within a community subject to a 1% or greater chance of flooding in any given year.
BASEMENT
Any area of a building having its floor subgrade (below ground level) on all sides.
BREAKAWAY WALL
A wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces without causing damage to the elevated portion of the building or supporting foundation system.
ELEVATED BUILDING
A nonbasement building which is built, in the case of a building in an area of special flood hazard, to have the top of the elevated floor above the ground level by means of pilings, columns (posts and piers) or sheer walls parallel to the flow of the water and which is adequately anchored so as not to impair the structural integrity of the building during a flood of up to the magnitude of the base flood. In an area of special flood hazard, "elevated building" also includes a building elevated by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of floodwaters.
HIGHEST ADJACENT GRADE
The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
HISTORIC STRUCTURE
Any structure that is:
(1) 
Listed individually in the State or National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the State Historic Preservation Officer as meeting the eligibility requirements on the State or National Register;
(2) 
Certified or preliminarily determined by the State Historic Preservation Officer as contributing to the historical significance of a registered historic district preliminarily determined by the State Historic Preservation Officer to qualify as a registered historic district;
(3) 
Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or
(4) 
Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
(a) 
By an approved state program as determined by the State Historic Preservation Officer; or
(b) 
Directly by the Secretary of the Interior.
LOWEST FLOOR
The lowest floor of the lowest enclosed area, including basement. An unfinished or flood-resistant enclosure, usable solely for the parking of vehicles, building access or storage in an area other than a basement is not considered a building's "lowest floor," provided that such enclosure is not built so to render the structure in violation of other applicable requirements.
MANUFACTURED HOME
A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For floodplain management purposes, the term "manufactured home" also includes park trailers, travel trailers and other similar vehicles placed on a site for greater than 180 consecutive days. For insurance purposes, the term "manufactured home" does not include park trailers, travel trailers and other similar vehicles.
START OF CONSTRUCTION
Includes substantial improvement and means the date that the building permit was issued, provided that the actual start of construction, repair, reconstruction, placement or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of a slab or footings, the installation of piles, the construction of columns or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling, nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
SUBSTANTIAL DAMAGE
Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred.
A. 
Policy statement. Flood control, groundwater recharge, and pollutant reduction shall be achieved through the use of stormwater management measures, including green infrastructure best management practices (GI BMPs) and nonstructural stormwater management strategies. GI BMPs and low-impact development (LID) should be utilized to meet the goal of maintaining natural hydrology to reduce stormwater runoff volume, reduce erosion, encourage infiltration and groundwater recharge, and reduce pollution. GI BMPs and LID 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.
B. 
Purpose. The purpose of this article is to establish minimum stormwater management requirements and controls for "major or minor development," as defined below.
C. 
Applicability.
(1) 
This article shall be applicable to the following developments:
(a) 
Residential and nonresidential major developments; and
(b) 
Aspects of residential major developments that are not preempted by the Residential Site Improvement Standards at N.J.A.C. 5:21.
(c) 
Residential and nonresidential minor developments;
(d) 
An application that has been submitted prior to the adoption date of this subsection shall be subject to the stormwater management requirements in effect on the date the application is deemed complete.
[Added 3-11-2024 by Ord. No. 9-2024]
(e) 
An application that has been submitted on or after March 2, 2021, shall be subject to the stormwater management requirements in effect on the date the application is deemed complete.
[Added 3-11-2024 by Ord. No. 9-2024]
(f) 
Notwithstanding any rule to the contrary, a major development for any public roadway or railroad project conducted by a public transportation entity that has determined a preferred alternative or reached an equivalent milestone before July 17, 2023, shall be subject to the stormwater management requirements in effect prior to July 17, 2023.
[Added 3-11-2024 by Ord. No. 9-2024]
(2) 
This article shall guide development undertaken by government entities in the Borough of Madison subject to applicable legal jurisdiction and approval.
D. 
Compatibility with other permit and ordinance requirements.
(1) 
Development approvals issued pursuant to this article are to be considered an integral part of development approvals 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 article shall be held to be the minimum requirements for the promotion of the public health, safety, and general welfare.
(2) 
This article 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 article 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.
E. 
General requirement.
(1) 
Any application for a building permit shall include sufficient information to carry out the intent and purpose of this section, which shall be administered by the Borough Engineer, except that applications for additions or alterations of less than 400 square feet to one- and two-family residences are regulated under § 195-37.11, Drywell/seepage pit requirements.
(2) 
Evaluation shall be made of the individual drainage structures proposed, the entire site runoff, the off-site subwatershed(s) of which the site is a part, down-gradient properties, and the receiving stream channel capacities. A point of confluence shall be maintained so that valid comparisons of time of concentration can be made between existing and proposed conditions.
(3) 
Control of water quality in surface water, soil erosion, transport of sediment, and nonpoint source pollution related to development activities shall be demonstrated and promote natural and nonstructural management approaches and which maximize prevention of stormwater generation as well as mitigation of unavoidable stormwater impacts wherever possible.
A. 
Stormwater management measures for major development shall be designed to provide erosion control, groundwater recharge, stormwater runoff quantity control, and stormwater runoff quality treatment as follows:
(1) 
The minimum standards for erosion control are those established under the Soil and Sediment Control Act, N.J.S.A. 4:24-39 et seq., and implementing rules at N.J.A.C. 2:90.
(2) 
The minimum standards for groundwater recharge, stormwater quality, and stormwater runoff quantity shall be met by incorporating green infrastructure.
B. 
The standards in this article apply to new major or minor 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.
A. 
The development shall incorporate a maintenance plan for the stormwater management measures incorporated into the design of a major development.
B. 
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 muhlenbergii (bog turtle).
C. 
The following linear development projects are exempt from the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity requirements:
(1) 
The construction of an underground utility line, provided that the disturbed areas are revegetated upon completion;
(2) 
The construction of an aboveground utility line, provided that the existing conditions are maintained to the maximum extent practicable; and
(3) 
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.
D. 
A waiver from strict compliance from the green infrastructure, groundwater recharge, stormwater runoff quality, and stormwater runoff quantity requirements of 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:
(1) 
The applicant demonstrates that there is a public need for the project that cannot be accomplished by any other means;
(2) 
The applicant demonstrates through an alternatives analysis, that through the use of stormwater management measures, the option selected complies with the requirements to the maximum extent practicable;
(3) 
The applicant demonstrates that, in order to meet the requirements, existing structures currently in use, such as homes and buildings, would need to be condemned; and
(4) 
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 Subsection D(3) above within the upstream drainage area of the receiving stream, that would provide additional opportunities to mitigate the requirements that were not achievable onsite.
E. 
Tables 1 through 3 below summarize the ability of stormwater best management practices identified and described in the New Jersey Stormwater Best Management Practices (BMP) Manual to satisfy the green infrastructure, groundwater recharge, stormwater runoff quality and stormwater runoff quantity standards specified. When designed in accordance with the most current version of the New Jersey Stormwater BMP Manual, the stormwater management measures found at N.J.A.C. 7:8-5.2(f) Tables 5-1, 5-2 and 5-3 and listed below in Tables 1, 2 and 3 are presumed to be capable of providing stormwater controls for the design and performance standards as outlined in the tables below. Amendments may be published in the New Jersey Register with a notice of administrative change revising the applicable table. The most current version of the BMP Manual can be found on the Department's website at https://dep.nj.gov/stormwater/bmp-manual/.
[Amended 3-11-2024 by Ord. No. 9-2024]
F. 
Where the BMP tables in the NJ Stormwater Management Rule are different due to updates or amendments with the tables in this article the BMP Tables in the Stormwater Management rule at N.J.A.C. 7:8-5.2(f) shall take precedence.
Table 1
Green Infrastructure BMPs for Groundwater Recharge, Stormwater Runoff Quality, and/or Stormwater Runoff Quantity
Best Management Practice
Stormwater Runoff Quality TSS Removal Rate
Stormwater Runoff Quantity
Groundwater Recharge
Minimum Separation from Seasonal High-Water Table
(feet)
Cistern
0%
Yes
No
—
Dry well(a)
0%
No
Yes
2
Grass swale
50% or less
No
No
2(e)
1(f)
Green roof
0%
Yes
No
—
Manufactured treatment device(a)(g)
50% or 80%
No
No
Dependent upon the device
Pervious paving system(a)
80%
Yes
Yes(b)
No(c)
2(b)
1(c)
Small-scale bioretention basin(a)
80% or 90%
Yes
Yes(b)
No(c)
2 (b)
1(c)
Small-scale infiltration basin(a)
80%
Yes
Yes
2
Small-scale sand filter
80%
Yes
Yes
2
Vegetative filter strip
60% to 80%
No
No
—
(Notes corresponding to annotations(a) through (g) are found below)
Table 2
Green Infrastructure BMPs for Stormwater Runoff Quantity
(or for Groundwater Recharge and/or Stormwater Runoff Quality with a Waiver or Variance from N.J.A.C. 7:8-5.3)
Best Management Practice
Stormwater Runoff Quality TSS Removal Rate
Stormwater Runoff Quantity
Groundwater Recharge
Minimum Separation from Seasonal High-Water Table
(feet)
Bioretention system
80% or 90%
Yes
Yes(b)
No(c)
2(b)
1(c)
Infiltration basin
80%
Yes
Yes
2
Sand filter(b)
80%
Yes
Yes
2
Standard constructed wetland
90%
Yes
No
N/A
Wet pond(d)
50% to 90%
Yes
No
N/A
(Notes corresponding to annotations (b) through(d) are found below)
Table 3
BMPs for Groundwater Recharge, Stormwater Runoff Quality, and/or Stormwater Runoff Quantity
only with a Waiver or Variance from N.J.A.C. 7:8-5.3
Best Management Practice
Stormwater Runoff Quality TSS Removal Rate
Stormwater Runoff Quantity
Groundwater Recharge
Minimum Separation from Seasonal High-Water Table
(feet)
Blue roof
0%
Yes
No
N/A
Extended detention basin
40% to 60%
Yes
No
1
Manufactured treatment device(h)
50% or 80%
No
No
Dependent upon the device
Sand filter(c)
80%
Yes
No
1
Subsurface gravel wetland
90%
No
No
1
Wet pond
50% to 90%
Yes
No
N/A
Notes to Tables 1, 2, and 3:
(a)
Subject to the applicable contributory drainage area limitation specified;
(b)
Designed to infiltrate into the subsoil;
(c)
Designed with underdrains;
(d)
Designed to maintain at least a ten-foot-wide area of native vegetation along at least 50% of the shoreline and to include a stormwater runoff retention component designed to capture stormwater runoff for beneficial reuse, such as irrigation;
(e)
Designed with a slope of less than 2%;
(f)
Designed with a slope of equal to or greater than 2%;
(g)
Manufactured treatment devices that meet the definition of green infrastructure;
(h)
Manufactured treatment devices that do not meet the definition of green infrastructure.
G. 
An alternative stormwater management measure, alternative removal rate, and/or alternative method to calculate the removal rate may be used if the design engineer demonstrates the capability of the proposed alternative stormwater management measure and/or the validity of the alternative rate or method to the municipality. A copy of any approved alternative stormwater management measure, alternative removal rate, and/or alternative method to calculate the removal rate shall be provided to the Department. Alternative stormwater management measures may be used to satisfy the requirements only if the measures meet the definition of green infrastructure. Alternative stormwater management measures that function in a similar manner to a BMP are subject to the contributory drainage area limitation specified for that similarly functioning BMP. Alternative stormwater management measures approved in accordance with this subsection that do not function in a similar manner to any BMP listed shall have a contributory drainage area less than or equal to 2.5 acres, except for alternative stormwater management measures that function similarly to cisterns, grass swales, green roofs, standard constructed wetlands, vegetative filter strips, and wet ponds, which are not subject to a contributory drainage area limitation. Alternative measures that function similarly to standard constructed wetlands or wet ponds shall not be used for compliance with the stormwater runoff quality standard unless a variance in accordance with N.J.A.C. 7:8-4.6 or a waiver from strict compliance is granted.
H. 
Whenever the stormwater management design includes one or more BMPs that will infiltrate stormwater into subsoil, 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 or other subsurface structures within the zone of influence of the groundwater mound, or interference with the proper functioning of the stormwater management measure itself.
I. 
Design standards for stormwater management measures are as follows:
(1) 
Stormwater management measures shall be designed to take into account the existing site conditions, including, but not limited to, 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);
(2) 
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;
(3) 
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;
(4) 
Stormwater management BMPs shall be designed to meet the minimum safety standards for stormwater management BMPs; and
(5) 
The size of the orifice at the intake to the outlet from the stormwater management BMP shall be a minimum of 2 1/2 inches in diameter.
J. 
Manufactured treatment devices may be used to meet the requirements of this subchapter, provided the pollutant removal rates are verified by the New Jersey Corporation for Advanced Technology and certified by the Department. Manufactured treatment devices that do not meet the definition of green infrastructure may be used only under the circumstances specified.
K. 
Any application for a new agricultural development that meets the definition of major development shall be submitted to the Soil Conservation District for review and approval in accordance with the requirements and any applicable Soil Conservation District guidelines for stormwater runoff quantity and erosion control. For purposes of this subsection, "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 manufacture of agriculturally related products.
L. 
If there is more than one drainage area, the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards shall be met in each drainage area, unless the runoff from the drainage areas converge on-site and no adverse environmental impact would occur as a result of compliance with any one or more of the individual standards being determined utilizing a weighted average of the results achieved for that individual standard across the affected drainage areas.
M. 
Any stormwater management measure authorized under the municipal stormwater management plan or ordinance shall be reflected in a deed notice recorded in the Office of the Morris County Clerk. A form of deed notice shall be submitted to the municipality for approval prior to filing. The deed notice shall contain a description of the stormwater management measure(s) used to meet the green infrastructure, groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards and shall identify the location of the stormwater management measure(s) in NAD 1983 State Plane New Jersey FIPS 2900 US Feet or Latitude and Longitude in decimal degrees. The deed notice shall also reference the maintenance plan required to be recorded. Prior to the commencement of construction, proof that the above required deed notice has been filed shall be submitted to the municipality. Proof that the required information has been recorded on the deed shall be in the form of either a copy of the complete recorded document or a receipt from the clerk or other proof of recordation provided by the recording office. However, if the initial proof provided to the municipality is not a copy of the complete recorded document, a copy of the complete recorded document shall be provided to the municipality within 180 calendar days of the authorization granted by the municipality.
N. 
A stormwater management measure approved under the municipal stormwater management plan or ordinance may be altered or replaced with the approval of the municipality, if the municipality determines that the proposed alteration or replacement meets the design and performance standards of this article and provides the same level of stormwater management as the previously approved stormwater management measure that is being altered or replaced. If an alteration or replacement is approved, a revised deed notice shall be submitted to the municipality for approval and subsequently recorded in the Office of the Morris County Clerk and shall contain a description and location of the stormwater management measure, as well as reference to the maintenance plan, in accordance with Subsection M above. Prior to the commencement of construction, proof that the above required deed notice has been filed shall be submitted to the municipality in accordance with Subsection M above.
O. 
Green infrastructure standards.
(1) 
This subsection specifies the types of green infrastructure BMPs that may be used to satisfy the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards.
(2) 
To satisfy the groundwater recharge and stormwater runoff quality standards, the design engineer shall utilize green infrastructure BMPs identified in Table 1 and/or an alternative stormwater management measure approved in accordance with the section. The following green infrastructure BMPs are subject to the following maximum contributory drainage area limitations:
Best Management Practice
Maximum Contributory Drainage Area
Dry well
1 acre
Manufactured treatment device
2.5 acres
Pervious pavement systems
Three times the area occupied by the BMP
Small-scale bioretention systems
2.5 acres
Small-scale infiltration basin
2.5 acres
Small-scale sand filter
2.5 acres
(3) 
To satisfy the stormwater runoff quantity standards, the design engineer shall utilize BMPs from Table 1 or from Table 2 and/or an alternative stormwater management measure approved in accordance with the section.
(4) 
If a variance in accordance with N.J.A.C. 7:8-4.6 or a waiver from strict compliance is granted from the requirements of this subsection, then BMPs from Table 1, 2, or 3, and/or an alternative stormwater management measure approved in accordance with the section may be used to meet the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards.
(5) 
For separate or combined storm sewer improvement projects, such as sewer separation, undertaken by a government agency or public utility (for example, a sewerage company), the requirements of this subsection shall only apply to areas owned in fee simple by the government agency or utility, and areas within a right-of-way or easement held or controlled by the government agency or utility; the entity shall not be required to obtain additional property or property rights to fully satisfy the requirements of this subsection. Regardless of the amount of area of a separate or combined storm sewer improvement project subject to the green infrastructure requirements of this subsection, each project shall fully comply with the applicable groundwater recharge, stormwater runoff quality control, and stormwater runoff quantity standards, unless the project is granted a waiver from strict compliance in accordance with the section.
P. 
Groundwater recharge standards. This subsection contains the minimum design and performance standards for groundwater recharge as follows:
(1) 
The design engineer shall, using the assumptions and factors for stormwater runoff and groundwater recharge calculations, either:
(a) 
Demonstrate through hydrologic and hydraulic analysis that the site and its stormwater management measures maintain 100% of the average annual pre-construction groundwater recharge volume for the site; or
(b) 
Demonstrate through hydrologic and hydraulic analysis that the increase of stormwater runoff volume from pre-construction to post-construction for the projected two-year storm, as defined and determined pursuant to § 195-37.3P of this chapter, is infiltrated.
[Amended 3-11-2024 by Ord. No. 9-2024]
(2) 
This groundwater recharge requirement does not apply to projects within the "urban redevelopment area," or to projects subject to Subsection P(3), below.
(3) 
The following types of stormwater shall not be recharged:
(a) 
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 approved pursuant to the Administrative Requirements for the Remediation of Contaminated Sites rules, N.J.A.C. 7:26C, or a Department approved landfill closure plan and areas with high risks for spills of toxic materials, such as gas stations and vehicle maintenance facilities; and
[Amended 3-11-2024 by Ord. No. 9-2024]
(b) 
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.
Q. 
Stormwater runoff quality standards.
(1) 
This subsection contains the minimum design and performance standards to control stormwater runoff quality impacts of major development. Stormwater runoff quality standards are applicable when the major development results in an increase of 1/4 acre or more of regulated motor vehicle surface.
(2) 
Stormwater management measures shall be designed to reduce the post-construction load of total suspended solids (TSS) in stormwater runoff generated from the water quality design storm as follows:
(a) 
Eighty percent TSS removal of the anticipated load, expressed as an annual average shall be achieved for the stormwater runoff from the net increase of motor vehicle surface.
(b) 
If the surface is considered regulated motor vehicle surface because the water quality treatment for an area of motor vehicle surface that is currently receiving water quality treatment either by vegetation or soil, by an existing stormwater management measure, or by treatment at a wastewater treatment plant is to be modified or removed, the project shall maintain or increase the existing TSS removal of the anticipated load expressed as an annual average.
(c) 
If the runoff from the development is within a watershed having a regulated total maximum daily load (TMDL) the regulated pollutant level shall be removed to the target TMDL reduction or the maximum extent practicable.
(3) 
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 Pollutant Discharge Elimination System (NJPDES) rules, N.J.A.C. 7:14A, or in a discharge specifically exempt under a NJPDES permit from this requirement. Every major development, including any that discharge into a combined sewer system, shall comply with Subsection Q(2) above, unless the major development is itself subject to a NJPDES permit with a numeric effluent limitation for TSS or the NJPDES permit to which the major development is subject exempts the development from a numeric effluent limitation for TSS.
(4) 
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 4, below. The calculation of the volume of runoff may take into account the implementation of stormwater management measures.
Table 4 - Water Quality Design Storm Distribution
Time
(Minutes)
Cumulative Rainfall
(Inches)
Time
(Minutes)
Cumulative Rainfall
(Inches)
Time
(Minutes)
Cumulative Rainfall
(Inches)
1
0.00166
41
0.1728
81
1.0906
2
0.00332
42
0.1796
82
1.0972
3
0.00498
43
0.1864
83
1.1038
4
0.00664
44
0.1932
84
1.1104
5
0.00830
45
0.2000
85
1.1170
6
0.00996
46
0.2117
86
1.1236
7
0.01162
47
0.2233
87
1.1302
8
0.01328
48
0.2350
88
1.1368
9
0.01494
49
0.2466
89
1.1434
10
0.01660
50
0.2583
90
1.1500
11
0.01828
51
0.2783
91
1.1550
12
0.01996
52
0.2983
92
1.1600
13
0.02164
53
0.3183
93
1.1650
14
0.02332
54
0.3383
94
1.1700
15
0.02500
55
0.3583
95
1.1750
16
0.03000
56
0.4116
96
1.1800
17
0.03500
57
0.4650
97
1.1850
18
0.04000
58
0.5183
98
1.1900
19
0.04500
59
0.5717
99
1.1950
20
0.05000
60
0.6250
100
1.2000
21
0.05500
61
0.6783
101
1.2050
22
0.06000
62
0.7317
102
1.2100
23
0.06500
63
0.7850
103
1.2150
24
0.07000
64
0.8384
104
1.2200
25
0.07500
65
0.8917
105
1.2250
26
0.08000
66
0.9117
106
1.2267
27
0.08500
67
0.9317
107
1.2284
28
0.09000
68
0.9517
108
1.2300
29
0.09500
69
0.9717
109
1.2317
30
0.10000
70
0.9917
110
1.2334
31
0.10660
71
1.0034
111
1.2351
32
0.11320
72
1.0150
112
1.2367
33
0.11980
73
1.0267
113
1.2384
34
0.12640
74
1.0383
114
1.2400
35
0.13300
75
1.0500
115
1.2417
36
0.13960
76
1.0568
116
1.2434
37
0.14620
77
1.0636
117
1.2450
38
0.15280
78
1.0704
118
1.2467
39
0.15940
79
1.0772
119
1.2483
40
0.16600
80
1.0840
120
1.2500
(5) 
If more than one BMP in series is necessary to achieve the required 80% TSS reduction for a site, the applicant shall utilize the following formula to calculate TSS reduction:
R = A + B - (A x B)/100
Where:
R
=
Total TSS percent load removal from application of both BMPs.
A
=
The TSS percent removal rate applicable to the first BMP.
B
=
The TSS percent removal rate applicable to the second BMP.
(6) 
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 green infrastructure BMPs that optimize nutrient removal while still achieving the performance standards.
(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.
(8) 
The Flood Hazard Area Control Act Rules at N.J.A.C. 7:13-4.1(c)1 establish 300-foot riparian zones along Category One waters, as designated in the Surface Water Quality Standards at N.J.A.C. 7:9B, and certain upstream tributaries to Category One waters. A person shall not undertake a major development that is located within or discharges into a 300-foot riparian zone without prior authorization from the Department under N.J.A.C. 7:13.
(9) 
Pursuant to the Flood Hazard Area Control Act Rules at N.J.A.C. 7:13-11.2(j)3.i, runoff from the water quality design storm that is discharged within a 300-foot riparian zone shall be treated in accordance with this subsection to reduce the post- construction load of total suspended solids by 95% of the anticipated load from the developed site, expressed as an annual average.
(10) 
This stormwater runoff quality standards do not apply to the construction of one individual single-family dwelling, provided that it is not part of a larger development or subdivision that has received preliminary or final site plan approval prior to December 3, 2018, and that the motor vehicle surfaces are made of permeable material(s) such as gravel, dirt, and/or shells.
R. 
Stormwater runoff quantity standards.
(1) 
This subsection contains the minimum design and performance standards to control stormwater runoff quantity impacts of major development.
(2) 
In order to control stormwater runoff quantity impacts, the design engineer shall, using the assumptions and factors for stormwater runoff calculations, complete one of the following:
(a) 
Demonstrate through hydrologic and hydraulic analysis that for stormwater leaving the site, post-construction runoff hydrographs for the current and projected two-, ten-, and 100-year storm events, as defined and determined in § 195-37.4 of this chapter, do not exceed, at any point in time, the pre-construction runoff hydrographs for the same storm events;
[Amended 3-11-2024 by Ord. No. 9-2024]
(b) 
Demonstrate through hydrologic and hydraulic analysis that there is no increase, as compared to the pre-construction condition, in the peak runoff rates of stormwater leaving the site for the current and projected two-, ten-, and 100-year storm events, as defined and determined in § 195-37.4 of this chapter, 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;
[Amended 3-11-2024 by Ord. No. 9-2024]
(c) 
Design stormwater management measures so that the post-construction peak runoff rates for the current and projected two-, ten-, and 100-year storm events, as defined and determined in § 195-37.4 of this chapter, are 50%, 75% and 80%, respectively, of the pre-construction peak runoff rates. The percentages apply only of 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; or
[Amended 3-11-2024 by Ord. No. 9-2024]
(d) 
For green infrastructure purposes, the site may also be designed to manage the 95th percentile storm through the utilization of one or more green infrastructure techniques in combination with runoff rate controls above.
(3) 
The stormwater runoff quantity standards shall be applied at the site's boundary to each abutting lot, roadway, watercourse, or receiving storm sewer system.
S. 
Low-impact development techniques.
(1) 
The development design shall limit the creation of stormwater runoff through implementation of low-impact development techniques to the extent technically practicable without increasing overall constraints on the development proposal.
A. 
Stormwater runoff shall be calculated in accordance with the following:
(1) 
The design engineer shall calculate runoff using the following method:
[Amended3-11-2024 by Ord. No. 9-2024]
(a) 
The USDA Natural Resources Conservation Service (NRCS) methodology, including the NRCS Runoff Equation and Dimensionless Unit Hydrograph, as described in Chapters 7, 9, 10, 15 and 16 Part 630, Hydrology National Engineering Handbook, incorporated herein by reference as amended and supplemented. This methodology is additionally described in Technical Release 55 - Urban Hydrology for Small Watersheds (TR-55), dated June 1986, incorporated herein by reference as amended and supplemented. Information regarding the methodology is available from the Natural Resources Conservation Service website at https://directives.sc.egov.usda.gov/viewerFS.aspx?hid=21422, or at United States Department of Agriculture Natural Resources Conservation Service, New Jersey State Office.
(b) 
(Reserved)
(2) 
For the purpose of calculating curve numbers and groundwater recharge, there is a presumption that the pre-construction condition of a site or portion thereof is a wooded land use with good hydrologic condition. The term "curve number" applies to the NRCS methodology above. A curve number 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).
[Amended 3-11-2024 by Ord. No. 9-2024]
(3) 
In computing pre-construction 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 pre-construction stormwater runoff rates and volumes.
(4) 
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 or other methods may be employed.
(5) 
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.
B. 
Groundwater recharge may be calculated in accordance with the following:
(1) 
The New Jersey Geological Survey Report GSR-32, A Method for Evaluating Groundwater-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 the New Jersey Geological Survey website at https://www.nj.gov/dep/njgs/pricelst/gsreport/gsr32.pdf or at New Jersey Geological and Water Survey, 29 Arctic Parkway, PO Box 420 Mail Code 29-01, Trenton, New Jersey 08625-0420.
C. 
The precipitation depths of the current two-, ten-, and 100-year storm events shall be determined by multiplying the values determined in accordance with Subsection C(1) and (2) below:
[Added 3-11-2024 by Ord. No. 9-2024]
(1) 
The applicant shall utilize the National Oceanographic and Atmospheric Administration (NOAA), National Weather Service's Atlas 14 Point Precipitation Frequency Estimates: NJ, in accordance with the location(s) of the drainage area(s) of the site. This data is available at: https://hdsc.nws.noaa.gov/hdsc/pfds/pfds_map_cont.html?bkmrk=nj; and
(2) 
The applicant shall utilize Table 5: Current Precipitation Adjustment Factors below, which sets forth the applicable multiplier for the drainage area(s) of the site, in accordance with the county or counties where the drainage area(s) of the site is located. Where the major development lies in more than one county, the precipitation values shall be adjusted according to the percentage of the drainage area in each county. Alternately, separate rainfall totals can be developed for each county using the values in the table below.
Table 5: Current Precipitation Adjustment Factors
County
Current Precipitation Adjustment Factors
2-year
Design Storm
10-year
Design Storm
100-year
Design Storm
Morris
1.01
1.03
1.06
D. 
Table 6: Future Precipitation Change Factors provided below sets forth the change factors to be used in determining the projected two-, ten-, and 100-year storm events for use in this chapter, which are organized alphabetically by county. The precipitation depth of the projected two-, ten-, and 100-year storm events of a site shall be determined by multiplying the precipitation depth of the two-, ten-, and 100-year storm events determined from the National Weather Service's Atlas 14 Point Precipitation Frequency Estimates pursuant to Subsection C(1) above, by the change factor in the table below, in accordance with the county or counties where the drainage area(s) of the site is located. Where the major development and/or its drainage area lies in more than one county, the precipitation values shall be adjusted according to the percentage of the drainage area in each county. Alternately, separate rainfall totals can be developed for each county using the values in the table below.
[Added 3-11-2024 by Ord. No. 9-2024]
Table 6: Future Precipitation Change Factors
County
Future Precipitation Change Factors
2-year
Design Storm
10-year
Design Storm
10-year
Design Storm
Morris
1.23
1.28
1.46
A. 
Site design features identified under the section above, or alternative designs in accordance with the section above, to prevent discharge of trash and debris from drainage systems 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 the section below.
(1) 
Design engineers shall use one 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:
(a) 
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; or
(b) 
A different grate, if each individual clear space in that grate has an area of no more than seven square inches, or is no greater than 0.5 inch across the smallest dimension.
[1] 
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 system floors used to collect stormwater from the surface into a storm drain or surface water body.
(c) 
For curb-opening inlets, including curb-opening inlets in combination inlets, 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 seven square inches, or be no greater than two inches across the smallest dimension.
(2) 
The standard in Subsection A(1) above does not apply:
(a) 
Where each individual clear space in the curb opening in existing curb-opening inlet does not have an area of more than nine square inches;
(b) 
Where the municipality agrees that the standards would cause inadequate hydraulic performance that could not practicably be overcome by using additional or larger storm drain inlets;
(c) 
Where flows from the water quality design storm as specified in N.J.A.C. 7:8 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:
[1] 
A rectangular space 4 5/8 inches long and 1 1/2 inches wide (this option does not apply for outfall netting facilities); or
[2] 
A bar screen having a bar spacing of 0.5 inch.
[a] 
Note that these exemptions do not authorize any infringement of requirements in the Residential Site Improvement Standards for bicycle safe grates in new residential development (N.J.A.C. 5:21-4.18(b)2 and 7.4(b)1).
(d) 
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 N.J.A.C. 7:8; or
(e) 
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.
A. 
This section sets forth requirements to protect public safety through the proper design and operation of stormwater management BMPs. This section applies to any new stormwater management BMP.
B. 
The provisions of this section are not intended to preempt more stringent municipal or county safety requirements for new or existing stormwater management BMPs. Municipal and county stormwater management plans and ordinances may, pursuant to their authority, require existing stormwater management BMPs to be retrofitted to meet one or more of the safety standards for trash racks, overflow grates, and escape provisions at outlet structures.
C. 
Requirements for trash racks, overflow grates and escape provisions.
(1) 
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 BMP to ensure proper functioning of the BMP outlets in accordance with the following:
(a) 
The trash rack shall have parallel bars, with no greater than six-inch spacing between the bars;
(b) 
The trash rack shall be designed so as not to adversely affect the hydraulic performance of the outlet pipe or structure;
(c) 
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; and
(d) 
The trash rack shall be constructed of rigid, durable, and corrosion resistant material and designed to withstand a perpendicular live loading of 300 pounds per square foot.
(2) 
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:
(a) 
The overflow grate shall be secured to the outlet structure but removable for emergencies and maintenance.
(b) 
The overflow grate spacing shall be no greater than two inches across the smallest dimension.
[Amended 3-11-2024 by Ord. No. 9-2024]
(c) 
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 foot.
(3) 
Stormwater management BMPs shall include escape provisions as follows:
(a) 
If a stormwater management BMP has an outlet structure, escape provisions shall be incorporated in or on the structure. Escape provisions include the installation of permanent ladders, steps, rungs, or other features that provide easily accessible means of egress from stormwater management BMPs. With the prior approval of the municipality pursuant to § 195-37.6C, a freestanding outlet structure may be exempted from this requirement;
(b) 
Safety ledges shall be constructed on the slopes of all new stormwater management BMPs having a permanent pool of water deeper than 2 1/2 feet. Safety ledges shall be comprised of two steps. Each step shall be four 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 to 1 1/2 feet above the permanent water surface. See § 195-37.6E for an illustration of safety ledges in a stormwater management BMP; and
(c) 
In new stormwater management BMPs, the maximum interior slope for an earthen dam, embankment, or berm shall not be steeper than three horizontal to one vertical.
D. 
Variance or exemption from safety standard. A variance or exemption from the safety standards for stormwater management BMPs may be granted only upon a written finding by the municipality that the variance or exemption will not constitute a threat to public safety.
E. 
Safety ledge illustration.
Elevation View - Basin Safety Ledge Configuration
195Elevation view.tif
A. 
Submission of site development stormwater plan.
(1) 
Whenever an applicant seeks municipal approval of a development subject to this article, the applicant shall submit all of the required components of the checklist for the site development stormwater plan below as part of the submission of the application for approval.
(2) 
The applicant shall demonstrate that the project meets the standards set forth in this article.
(3) 
The applicant shall submit three copies of the materials listed in the checklist for site development stormwater plans in accordance with this article.
B. 
Site development stormwater plan approval.
(1) 
The applicant's site development project shall be reviewed as a part of the review process by the municipal board or official from which municipal approval is sought. That municipal board or official shall consult the municipality's review engineer to determine if all of the checklist requirements have been satisfied and to determine if the project meets the standards set forth in this article.
C. 
Submission of site development stormwater plan. The following information shall be required:
(1) 
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.
(2) 
Environmental site analysis. A written and graphic description of the natural and man-made features of the site and its surroundings should be submitted. 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.
(3) 
Project description and site plans. 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 will 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 for proposed changes in natural conditions shall also be provided.
(4) 
Land use planning and source control plan. This plan shall provide a demonstration of how the goals and standards 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.
(5) 
Stormwater management facilities map. The following information, illustrated on a map of the same scale as the topographic base map, shall be included:
(a) 
Total area to be disturbed, 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.
(b) 
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.
(6) 
Calculations.
(a) 
Comprehensive hydrologic and hydraulic design calculations for the pre-development and post-development conditions for the design storms specified in this article.
(b) 
When the proposed stormwater management control measures depend on the hydrologic properties of soils or require certain separation from the seasonal high water table, then a soils report shall be submitted. The soils report shall be based on onsite 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.
(7) 
Maintenance and repair plan. The design and planning of the stormwater management facility shall meet the maintenance requirements of this article.
(8) 
Waiver from submission requirements. The municipal official or board reviewing an application under this article may, in consultation with the municipality's review engineer, waive submission of any of the requirements of this article 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.
A. 
Applicability. Projects subject to review in this article shall comply with these requirements.
B. 
General maintenance.
(1) 
The design engineer shall prepare a maintenance plan for the stormwater management measures incorporated into the design of a major development.
(2) 
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). The plan shall contain information on BMP location, design, ownership, maintenance tasks and frequencies, and other details as specified in Chapter 8 of the NJ BMP Manual, as well as the tasks specific to the type of BMP, as described in the applicable chapter containing design specifics.
(3) 
If the maintenance plan identifies a person other than the property owner (for example, a developer, a public agency or homeowners' association) as having the responsibility for maintenance, the plan shall include documentation of such person's or entity's agreement to assume this responsibility, or of the owner's obligation to dedicate a stormwater management facility to such person under an applicable ordinance or regulation.
(4) 
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. The individual property owner may be assigned incidental tasks, such as weeding of a green infrastructure BMP, provided the individual agrees to assume these tasks; however, the individual cannot be legally responsible for all of the maintenance required.
(5) 
If the party responsible for maintenance identified above is not a public agency, the maintenance plan and any future revisions based on the section below shall be recorded upon the deed of record for each property on which the maintenance described in the maintenance plan must be undertaken.
(6) 
Preventative and corrective maintenance shall be performed to maintain the functional parameters (storage volume, infiltration rates, inflow/outflow capacity, etc.). of the stormwater management measure, including, but not limited to, 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.
(7) 
The party responsible for maintenance above shall perform all of the following requirements:
(a) 
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;
(b) 
Evaluate the effectiveness of the maintenance plan at least once per year and adjust the plan and the deed as needed; and
(c) 
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 this article.
(8) 
The requirements do not apply to stormwater management facilities that are dedicated to and accepted by the municipality or another governmental agency, subject to all applicable municipal stormwater general permit conditions, as issued by the Department. Maintenance and inspection guidance can be found on the Department's website at https://dep.nj.gov/stormwater/maintenance-guidance/.
[Amended 3-11-2024 by Ord. No. 9-2024]
(9) 
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. Nonpayment of such bill may result in a lien on the property.
C. 
Nothing in this subsection 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.
A. 
Control of water quantity, quality and recharge will be addressed as follows:
(1) 
For each square foot of new impervious surface 2.5 gallons of stormwater runoff shall be managed using one or more green infrastructure BMP, including grass swale, vegetative filter strip, sand filter, cistern, drywell, green roof, pervious paver, bioretention basin, or infiltration basin.
[Amended 3-11-2024 by Ord. No. 9-2024]
(2) 
Applicant shall confirm that all additional runoff created by development is controlled in accordance with best management practices and does not generate adverse impact to adjoiners.
(3) 
Mitigation of adverse impact may consider as a last resort the redirection of a concentrated discharge of stormwater to a public or private storm sewer, gutter, swale or other conveyance avoiding direct impact to adjoiners.
(4) 
If adverse impact to adjoiners cannot be avoided by development activity the rate of retention shall be increased to avoid impact or the additional impervious coverage of the development must be reduced.
B. 
On-site soil testing to confirm soil permeability, depth of water table, and depth to seasonal high water table must be performed in conjunction with stormwater control measures.
C. 
Stormwater management measures shall be located and protected from encroachment by location on a recent property survey, specific references in the stormwater maintenance manual, or legal filing similar to that required for major development.
D. 
Technical waiver from strict compliance with the requirements above for minor development may be granted by the approving authority where there is public environmental detriment or the scope of compliance with this section clearly exceeds 1/4 the scope of the development.
[Amended 3-11-2024 by Ord. No. 9-2024]
A. 
Technical guidance for stormwater management measures can be found in the documents listed below, which are available to download from the Department's website at https://dep.nj.gov/stormwater/bmp-manual/.
(1) 
Guidelines for stormwater management measures are contained in the New Jersey Stormwater Best Management Practices Manual, as amended and supplemented. Information is provided on stormwater management measures such as, but not limited to, those listed in Tables 1, 2, and 3.
(2) 
Additional maintenance guidance is available on the Department's website at https://dep.nj.gov/stormwater/bmp-manual/.
B. 
Submissions required for review by the Department should be mailed to:
The Division of Watershed Protection and Restoration, New Jersey Department of 8 Environmental Protection, Mail Code 501-02A, PO Box 420, Trenton, New Jersey 08625-0420.
[Amended 3-11-2024 by Ord. No. 9-2024]
A. 
Any increase in impervious areas with an aggregate area of 400 square feet or more shall meet the requirements of this chapter.
B. 
Runoff from impervious areas shall be transported to an approved BMP system or systems for recharge of groundwater resources.
C. 
BMP systems shall have the capacity to temporarily store a volume equal to four inches of runoff from impervious areas. Alternatively, the capacity of the BMP system may be determined by routing a fifty-year, twenty-four-hour storm through the stormwater management system taking into consideration soil infiltration and permeability, water table depth, and system capacity.
D. 
Roof gutters, vertical conductors and leaders, and horizontal storm drains shall conform with Chapter 13 of the National Standard Plumbing Code, most recent edition. Design shall be based on a rainfall intensity of six inches per hour.
E. 
All roof gutters shall be protected from the accumulation of leaves and litter.
F. 
Where gutters are not used on a building, a gravel-filled trench with a perforated pipe shall be constructed under the roof overhang to collect roof runoff, having a capacity not less than a comparable roof drain system, subject to approval by the Borough Engineer.
G. 
Dry wells shall have an overflow pipe extending to grade. Aluminum pins, or gutter nails, shall be extended through the pipe at its outlet to prevent small animals from entering.
H. 
Dry wells shall generally be constructed of precast concrete rings surrounded by clean crushed stone or gravel. The nominal stone size shall be 1 1/2 inches. A bed of coarse sand not less than four inches thick shall be placed in contact with the surface of the soil at the bottom of the excavation. A layer of crushed stone or gravel not less than six inches thick shall be placed on top of the coarse sand.
I. 
There shall be a vertical separation of not less than two feet between the bottom of the stone in dry wells and the seasonal high-water table, as verified by a competent field investigation.
J. 
Pervious paving systems: Engineered paving systems including porous concrete and porous asphalt shall comply in general with the requirements of the section 9.6 of the NJDEP Stormwater Best Management Practices Manual.
(1) 
Engineered permeable paving systems consisting of gravel or other unbound material, that allow the free flow of water through the surface, will be calculated for impervious cover at 80% of the actual area encompassed by the system.
(2) 
The system must be a commercially available system, which includes methods to prevent the compaction or lateral movement of the infill material.
(3) 
All permeable paving systems shall include a minimum of a four-inch-thick bed of open graded aggregate.
(4) 
The volume of storage provided by the open graded aggregate bed may be included in the required stormwater storage for the site.
(5) 
Pervious paving systems shall not be permitted in areas where high pollutant or sediment loading is anticipated.
(6) 
The maximum slope for a permeable paving system shall be 5%.
(7) 
Permeable paving systems shall be permitted in all use zones.
K. 
All applications shall include calculations and details to show compliance with the chapter.
A. 
Intent and purpose. The governing body of the Borough of Madison finds that riparian lands adjacent to streams, lakes, or other surface water bodies that are adequately vegetated provide an important environmental protection and water resource management benefit. It is necessary to protect and maintain the beneficial character of riparian areas by implementing specifications for the establishment, protection, and maintenance of vegetation along the surface water bodies within the jurisdiction of the Borough, consistent with the interest of landowners in making reasonable economic use of parcels of land that include such designated areas. The purpose of this section is to designate riparian zones, and to provide for land use regulation therein in order to protect the streams, lakes, and other surface water bodies of the Borough of Madison; to protect the water quality of watercourses, reservoirs, lakes, and other significant water resources within the Borough of Madison; to protect the riparian and aquatic ecosystems of Madison; to provide for the environmentally sound use of the land resources of the Borough, and to complement existing state, regional, county, and municipal stream corridor protection and management regulations and initiatives. The specific purposes and intent of this section are to:
(1) 
Restore and maintain the chemical, physical, and biological integrity of the water resources of the Borough of Madison;
(2) 
Prevent excessive nutrients, sediment, and organic matter, as well as biocides and other pollutants, from reaching surface waters by optimizing opportunities for filtration, deposition, absorption, adsorption, plant uptake, biodegradation, and denitrification, which occur when stormwater runoff is conveyed through vegetated buffers as stable, distributed sheet flow prior to reaching receiving waters;
(3) 
Provide for shading of the aquatic environment so as to moderate temperatures, retain more dissolved oxygen, and support a healthy assemblage of aquatic flora and fauna;
(4) 
Provide for the availability of natural organic matter (fallen leaves and twigs) and large woody debris (fallen trees and limbs) that provide food and habitat for small bottom-dwelling organisms (insects, amphibians, crustaceans, and small fish), which are essential to maintain the food chain;
(5) 
Increase stream bank stability and maintain natural fluvial geomorphology of the stream system, thereby reducing stream bank erosion and sedimentation and protecting habitat for aquatic organisms;
(6) 
Maintain base flows in streams and moisture in wetlands;
(7) 
Control downstream flooding; and
(8) 
Conserve the natural features important to land and water resources, e.g., headwater areas, groundwater recharge zones, floodways, floodplains, springs, streams, wetlands, woodlands, and prime wildlife habitats.
B. 
Statutory authority. The municipality of the Borough of Madison is empowered to regulate land uses under the provisions of the New Jersey Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., which authorizes each municipality to plan and regulate land use in order to protect public health, safety and welfare by protecting and maintaining native vegetation in riparian areas. The Borough of Madison is also empowered to adopt and implement this section under provisions provided by the following legislative authorities of the State of New Jersey:
(1) 
Water Pollution Control Act, N.J.S.A. 58:10A-1 et seq.
(2) 
Water Quality Planning Act, N.J.S.A. 58:11A-1 et seq.
(3) 
Spill Compensation and Control Act, N.J.S.A. 58:10-23.11 et seq.
(4) 
Soil Erosion and Sediment Control Act, N.J.S.A. 4:24-39 et seq.
(5) 
Flood Hazard Area Control Act, N.J.S.A. 58:16A-50 et seq.
C. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
ACID-PRODUCING SOILS
Soils that contain geologic deposits of iron sulfide minerals (pyrite and marcasite) which, when exposed to oxygen from the air or from surface waters, oxidize to produce sulfuric acid. Acid-producing soils, upon excavation, generally have a pH of 4.0 or lower. After exposure to oxygen, these soils generally have a pH of 3.0 or lower. Information regarding the location of acid-producing soils in New Jersey can be obtained from local Soil Conservation District offices.
ADMINISTRATIVE AUTHORITY
The Planning Board or Board of Adjustment or Construction Office for the Borough with all of the powers delegated, assigned, or assumed by them according to statute or ordinance.
APPLICANT
A person, corporation, government body or other legal entity applying to the Planning Board, Board of Adjustment or the Construction Office proposing to engage in an activity that is regulated by the provisions of this section, and that would be located in whole or in part within a regulated riparian zone.
FLOODWAY
Has the meaning ascribed to this term by the Flood Hazard Area Control Act (N.J.S.A. 58:16A-50 et seq.) and regulations promulgated thereunder published at N.J.A.C. 7:13 et seq., and any supplementary or successor legislation and regulations from time to time enacted or promulgated.
INTERMITTENT STREAM
Surface water drainage channels with definite bed and banks in which there is not a permanent flow of water. Streams shown as a dashed line on either the USGS topographic quadrangle maps or the USDA County Soil Survey Maps of the most recent edition that includes hydrography are included as intermittent streams.
LAKE, POND, or RESERVOIR
Any impoundment, whether naturally occurring or created in whole or in part by the building of structures, for the retention of surface water, excluding sedimentation control and stormwater retention/detention basins and ponds designed for treatment of wastewater.
PERENNIAL STREAM
A stream that flows continuously throughout the year in most years. These streams usually appear as a blue line on USGS topographic quadrangle maps or on USDA County Soil Survey Maps.
RIPARIAN ZONE
The land and vegetation within and directly adjacent to all surface waters including, but not limited to, lakes, ponds, perennial and intermittent streams, up to and including their point of origin.
RIPARIAN ZONE MANAGEMENT PLAN
A plan approved by the Engineer of the Borough of Madison. The plan shall be prepared by a landscape architect, professional engineer or other qualified professional, and shall evaluate the effects of any proposed activity/uses on any riparian zone. The plan shall identify existing conditions, all proposed activities, and all proposed management techniques, including any measures necessary to offset disturbances to any affected riparian zone.
RIPARIAN ZONE WATERS
Such which have been identified for protection from degradation in water quality characteristics because of their clarity, color, scenic setting, and other characteristics of aesthetic value, exceptional ecological significance, exceptional recreational significance, exceptional water supply significance, or exceptional fisheries resources. Such waters shall also be such as may be defined by statute or administrative regulation.
SURFACE WATER BODY
Any perennial stream, intermittent stream, lake, pond, or reservoir, as defined herein. In addition, any state open waters identified in a letter of interpretation issued by the New Jersey Department of Environmental Protection Land Use Regulation Program shall also be considered surface water bodies.
D. 
Establishment of riparian zones.
(1) 
Riparian zones adjacent to all waters shall be protected from avoidable disturbance and shall be delineated as follows:
(a) 
The riparian zone shall be 300 feet wide along both sides of any Category One water, and all upstream tributaries situated within the same HUC-14 watershed. The riparian zone shall equal the special water resource protection area, and shall be measured as defined at N.J.A.C. 7:8-5.5(h).
(b) 
The riparian zone shall be 150 feet wide along both sides of the following waters:
[1] 
Any trout production water and all upstream waters (including tributaries);
[2] 
Any trout maintenance water and all upstream waters (including tributaries) within one linear mile as measured along the length of the regulated water;
[3] 
Any segment of a water flowing through an area that contains documented habitat for a threatened or endangered species of plant or animal, which is critically dependent on the regulated water for survival, and all upstream waters (including tributaries) within one linear mile as measured along the length of the regulated water; and
[4] 
Any segment of a water flowing through an area that contains acid-producing soils.
(c) 
For all other waters, a riparian zone of 50 feet wide shall be maintained along both sides of the water.
(2) 
The portion of the riparian zone that lies outside of a surface water is measured landward from the top-of-bank.
(3) 
Maps.
(a) 
The riparian zones of the entire municipality of the Borough of Madison, including all land and water areas within its boundaries, which designates surface water bodies, is based upon the most recent versions of:
[1] 
Borough of Madison Municipal Stormwater Management Plan based upon the maps of lakes, ponds, perennial or intermittent steams, subwatersheds, waterways and classifications, and hydraulic unit code contained within it.
[2] 
Borough of Madison Flood Insurance Study and Flood Insurance Rate Map as produced by the Federal Emergency Management Agency.
[3] 
Borough of Madison Official Tax Map.
(b) 
Maps of the municipality on which these designations have been overlain shall be on file and maintained by the offices of the Clerk of the Borough of Madison. This map conforms to all applicable laws, rules and regulations applicable to the creation, modification and promulgation of zoning maps.
(4) 
It shall be the duty of the Municipal Engineer at such times as may be required by law to propose modifications to the maps required by any naturally occurring or permitted change in the location of a defining feature of a surface water body and to maintain files of decisions or appeals, and by changes made by the New Jersey Department of Environmental Protection in surface water classifications or floodway delineations. Floodway delineations shall be based upon the state's adopted floodway delineations. However, requests for alterations to the adopted delineations can be provided to the Department for consideration if site-specific information is available.
(5) 
The applicant or designated representative shall be responsible for the initial determination of the presence of a riparian zone on a site, and for identifying the area on any plan submitted to the Borough of Madison in conjunction with an application for a construction permit, subdivision, land development, or other improvement that requires plan submissions or permits. This initial determination shall be subject to review and approval by the Municipal Engineer, designee or, where required, by the New Jersey Department of Environmental Protection.
(6) 
Exemptions. Instead of the riparian zone protection requirements above, the applicant must demonstrate compliance with one of the following:
(a) 
The proposed project or activity is not in the riparian zone established;
(b) 
The proposed disturbance in a riparian zone is for a linear development with no feasible alternative route;
(c) 
The proposed disturbance in a riparian zone is in accordance with a stream corridor restoration or stream bank stabilization plan or project approved by the Department of Environmental Protection;
(d) 
The proposed disturbance of a riparian zone is necessary to provide for public pedestrian access or water-dependent recreation that meets the requirements of the Freshwater Wetlands Protection Act rules, N.J.A.C. 7:7A, the Flood Hazard Area Control rules, N.J.A.C. 7:13, or the Coastal Zone Management rules, N.J.A.C. 7:7E;
(e) 
The proposed disturbance of a riparian zone is required for the remediation of hazardous substances performed with New Jersey DEP or federal EPA oversight pursuant to the Spill Compensation and Control Act, N.J.S.A. 58:10-23.11a et seq. or the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. § 9601 et seq.;
(f) 
The proposed disturbance is for redevelopment that does not exceed the limits of existing impervious surfaces; or
(g) 
The proposed disturbance would prevent extraordinary hardship on the property owner peculiar to the property; or prevent extraordinary hardship, provided the hardship was not created by the property owner, that would not permit a minimum economically viable use of the property based upon reasonable investment.
E. 
Uses permitted in riparian zones. Any other riparian zone area shall remain in a natural condition or, if in a disturbed condition, including agricultural activities, at the time of adoption of this section, may be restored to a natural condition. There shall be no clearing or cutting of trees and brush, except for removal of dead vegetation and pruning for reasons of public safety or for the replacement of invasive species with indigenous species. There shall be no altering of watercourses, dumping of trash, soil, dirt, fill, vegetative or other debris, regrading or construction. The following uses are permitted either by right or after review and approval by the municipality in riparian zones. No new construction, development, use, activity, encroachment, or structure shall take place in a riparian zone, except as specifically authorized in this section. The following uses shall be permitted within a riparian zone:
(1) 
Open space uses that are primarily passive in character shall be permitted by right to extend into a riparian zone, provided near stream vegetation is preserved. Such uses include wildlife sanctuaries, nature preserves, forest preserves, fishing areas, game farms, fish hatcheries and fishing reserves, operated for the protection and propagation of wildlife, but excluding structures. Such uses also include passive recreation areas of public and private parklands, including unpaved hiking, bicycle and bridle trails, provided that said trails have been stabilized with pervious materials.
(2) 
Fences, for which a permit has been issued by the Construction Code Office, to the extent required by applicable law, rule or regulation.
(3) 
Crossings by farm vehicles and livestock, recreational trails, roads, railroads, stormwater lines, sanitary sewer lines, waterlines and public utility transmission lines, provided that the land disturbance is the minimum required to accomplish the permitted use, subject to any applicable state permits that are acquired, and provided that any disturbance is offset by buffer improvements and that the area of the crossing is stabilized against significant erosion due to its use as a crossing.
(4) 
Stream bank stabilization or riparian reforestation, which conforms to the guidelines of an approved riparian zone management plan, or wetlands mitigation projects that have been approved by the Department of Environmental Protection.
F. 
Performance standards for riparian zones. For all riparian zones, the following conditions shall apply:
(1) 
All new major and minor subdivisions and site plans shall be designed to provide sufficient areas outside of the riparian zone to accommodate primary structures, any normal accessory uses appurtenant thereto, as well as all planned lawn areas.
(2) 
Portions of lots within the riparian zone must be permanently restricted by deed or conservation easement held by the Borough of Madison, its agent, or another public or private land conservation organization which has the ability to provide adequate protection to prevent adverse impacts within the riparian zone. A complete copy of the recorded conservation restriction that clearly identifies the deed book and pages where it has been recorded in the office of the Morris County Clerk must be submitted to the municipality.
(3) 
Any lands proposed for development which include all or a portion of a riparian zone shall, as a condition of any major subdivision or major site plan approval, provide for the vegetation or revegetation of any portions of the riparian zone which are not vegetated at the time of the application or which were disturbed by prior land uses, including for agricultural use.
(4) 
For building lots which exist as of the date of adoption of this section, but for which a building permit or a preliminary site plan approval has not been obtained or is no longer valid, the required minimum front, side, and rear setbacks may extend into the riparian zone, provided that a deed restriction and/or conservation easement is applied which prohibits clearing or construction in the riparian zone.
(5) 
All stormwater shall be discharged outside of but may flow through a riparian zone 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. (See N.J.A.C. 2:90-1.3.)
(6) 
If stormwater discharged outside of and flowing through a riparian zone cannot comply with the standard for off-site stability, then the proposed stabilization measures must meet the requirements of the Flood Hazard Area Control Act rule at N.J.A.C. 7:13-10.2 et. seq., and have an approved flood hazard permit.
G. 
Nonconforming structures and uses in riparian zones. Nonconforming structures and uses of land within the riparian zone are subject to the following requirements:
(1) 
Legally existing but nonconforming structures or uses may be continued.
(2) 
For all other riparian zones:
(a) 
Encroachment within the riparian zone shall only be allowed where previous development or disturbance has occurred.
(b) 
Existing impervious cover shall not be increased within the riparian zone as a result of encroachments where previous development or disturbances have occurred.
(c) 
Discontinued nonconforming uses may be resumed any time within one year from such discontinuance but not thereafter when showing clear indications of abandonment.
H. 
Uses prohibited in riparian zones. For all riparian zones, any use or activity not specifically authorized elsewhere in this chapter shall be prohibited. By way of example, the following activities and facilities are prohibited, except where authorized or excepted elsewhere in this chapter:
(1) 
Removal or clear cutting of trees and other vegetation or soil disturbance such as grading, except for selective vegetation removal for the purpose of stream or riparian area stabilization or restoration projects that require vegetation removal or grading prior to implementation.
(2) 
Storage of any hazardous or noxious materials.
(3) 
Use of fertilizers, pesticides, herbicides, and/or other chemicals in excess of prescribed industry standards or the recommendations of the Soil Conservation District.
(4) 
Roads or driveways, except where permitted.
(5) 
Motor or wheeled vehicle traffic in any area.
(6) 
Parking lots.
(7) 
Any type of permanent structure.
(8) 
New subsurface sewage disposal areas.
(9) 
Residential grounds or lawns.
I. 
Activities permitted in riparian zones in the case of no reasonable or prudent alternative or extreme hardship.
(1) 
For all riparian zones, hardship variances may be granted in cases of a preexisting lot (existing at the time of adoption of this section) when there is insufficient room outside the riparian zone for uses permitted by the underlying zoning and there is no other reasonable or prudent alternative to placement in the riparian zone, including obtaining variances from setback or other requirements that would allow conformance with the riparian zone requirements, and provided that demonstrations are made including but not limited to:
(a) 
The existence of an extreme economic hardship, which:
[1] 
Does not apply to or affect other property in the immediate vicinity;
[2] 
Relates to or arises out of the characteristics of the subject property because of the particular physical surroundings, shape or topographical conditions.
[3] 
Demonstrates that there is no adjacent land that is reasonably available or could be obtained, utilized, expanded or managed in order to fulfill the basic purposes.
(b) 
An applicant shall be deemed to have established compelling public need if the applicant demonstrates, based on specific facts, that one of the following applies:
[1] 
The proposed project will serve an essential public health or safety need;
[2] 
The proposed use is required to serve an existing public health or safety need; or
[3] 
There is no alternative available to meet the established public health or safety need.
(c) 
A variance can only be granted if it is shown that the activity is in conformance with all applicable local, state, and federal regulations, and that the exception granted is the minimum relief necessary to relieve the hardship.
(2) 
If the above demonstrations are made, then the encroachment of impervious surfaces (structures or pavement) otherwise permitted by the underlying zoning is permitted to the extent of 750 square feet total. Said encroachment is not permitted closer than 100 feet from the top of the bank at bank-full flow or level of Category Two waters for trout production (FW2-TP), or closer than 50 feet from the top of the bank at bank-full flow or level of other surface water bodies.
(3) 
If such an exception is granted, the applicant shall rehabilitate an environmentally degraded riparian zone area within or adjacent to the same site, and at least equivalent in size to the riparian zone reduction permitted, or, if not possible, rehabilitate or expand a riparian zone area at least equivalent in size within a nearby site and, if available, within the same watershed. Rehabilitation shall include reforestation, stream bank stabilization and removal of debris, in accordance with a riparian zone management plan, as described. The Borough may require financial contribution be made to an open space or municipal stormwater management plan mitigation plan fund in exchange for this requirement.
J. 
Riparian zone management plan.
(1) 
Within any riparian zone, no construction, development, use, activity, or encroachment shall be permitted unless the effects of such development are accompanied by preparation, approval, and implementation of a riparian zone management plan.
(2) 
Plan contents.
(a) 
The landowner, applicant, or developer shall submit to the Municipal Engineer, or his or her appointed representative, a riparian zone management plan prepared by an environmental professional, professional engineer or other qualified professional which fully evaluates the effects of any proposed uses on the riparian zone. The riparian zone management plan shall identify the existing conditions including:
[1] 
Existing vegetation;
[2] 
Field-delineated surface water bodies;
[3] 
Field-delineated wetlands;
[4] 
The one-hundred-year floodplain;
[5] 
Flood hazard areas, including floodway and flood-fringe areas, as delineated by the New Jersey Department of Environmental Protection;
[6] 
Soil classifications as found on soil surveys;
[7] 
Existing subdrainage areas of site with HUC-14 (hydrologic unit code) designations;
[8] 
Slopes in each subdrainage area segmented into sections of slopes less than or equal to 15%; above 15% but less than 20%; and greater than 20%.
(b) 
The proposed plan shall describe all proposed uses/activities, and fully evaluate the effects of all proposed uses/activities in a riparian zone, and all proposed management techniques, including proposed vegetation and any other measures necessary to offset disturbances to the riparian zone. A discussion of activities proposed as well as management techniques proposed to offset disturbances and/or enhance the site to improve the riparian zone's ability to function effectively as a riparian zone shall also be included with the riparian zone management plan submittal to the Borough of Madison.
(3) 
The plan shall be reviewed and must be approved by the Engineer of the Borough of Madison, in consultation with the Environmental Commission, as part of the subdivision and land development process.
(4) 
The riparian zone management plan must include management provisions in narrative and/or graphic form specifying:
(a) 
The manner in which the area within the riparian zone will be owned and by whom it will be managed and maintained.
(b) 
The conservation and/or land management techniques and practices that will be used to conserve and protect the riparian zone, as applicable.
(c) 
The professional and personnel resources that are expected to be necessary in order to maintain and manage the riparian zone.
(d) 
A revegetation plan, if applicable, that includes three layers of vegetation, including herbaceous plants that serve as ground cover, understory shrubs, and trees that, when fully mature, will form an overhead canopy. Vegetation selected must be native, noninvasive species, and consistent with the soil, slope and moisture conditions of the site. The Engineer of the Borough of Madison may require species suitability to be verified by qualified experts from the Soil Conservation District, Natural Resources Conservation Service, New Jersey Department of Environmental Protection, US Fish and Wildlife Service and/or state or federal forest agencies.
(5) 
A riparian zone management plan is not required where the riparian zone is not being disturbed and conservation easements/deed restrictions are applied to ensure there will be no future clearing or disturbance of the riparian zone.
(6) 
Performance of the riparian zone management plan shall be guaranteed for a minimum of two years, by a surety, such as a bond, cash or letter of credit, which shall be provided to the Borough of Madison prior to the Borough issuing any permits or approving any uses relating to the applicable use or activity.
K. 
Boundary interpretation; appeals procedures; inspections; conflicts; severability.
(1) 
When a landowner or applicant disputes the boundaries of a riparian zone, or the defined bank-full flow or level, the landowner or applicant shall submit evidence to the Borough Engineer that describes the riparian zone, presents the landowner or applicant's proposed riparian zone delineation, and presents all justification for the proposed boundary change. For Category One (C1) riparian zones, the landowner or applicant must first obtain approval from the New Jersey Department of Environmental Protection. A decision from the Department must be included with the evidence submitted for municipal review.
(2) 
Inspections.
(a) 
Lands within or adjacent to an identified riparian zone shall be inspected by the Borough Engineer when:
[1] 
A subdivision or land development plan is submitted;
[2] 
A building permit is requested;
[3] 
A change or resumption of a nonconforming use is proposed;
[4] 
A discontinued nonconforming use is resumed more than a year later.
(b) 
The riparian zone may also be inspected periodically by representatives from the Borough of Madison if excessive or potentially problematic erosion is present, other problems are discovered, or at any time when the presence of an unauthorized activity or structure is brought to the attention of municipal officials or when the downstream surface waters are indicating reduction in quality.
(c) 
Inspections will be conducted on an as-needed basis, should the Borough feel that a problem exists. All inspections will be undertaken in accordance with local, state and federal requirements for property owner notification and permission.
(3) 
Conflicts. All other ordinances, parts of ordinances, or other local requirements that are inconsistent or in conflict with this section are hereby superseded to the extent of any inconsistency or conflict, and the provisions of this section apply.
(4) 
Severability.
(a) 
Interpretation. This section shall be so construed as not to conflict with any provision of New Jersey or federal law.
(b) 
Notwithstanding that any provision of this section is held to be invalid or unconstitutional by a court of competent jurisdiction, all remaining provisions of the Ordinance shall continue to be of full force and effect.
(c) 
The provisions of this section shall be cumulative with, and not in substitution for, all other applicable zoning, planning and land use regulations.
L. 
Enforcement. A prompt investigation shall be made by the appropriate personnel of the Borough of Madison of any person or entity believed to be in violation hereof. If, upon inspection, a condition which is in violation of this section is discovered, a civil action may be brought in the Special Part of the Superior Court, or in the Superior Court, if the primary relief sought is injunctive or if penalties may exceed the jurisdictional limit of the Special Civil Part, by the filing and serving of appropriate process. Nothing in this section shall be construed to preclude the right of the Borough of Madison, pursuant to N.J.S.A. 26:3A2-25, to initiate legal proceedings hereunder in Municipal Court. The violation of any section or subsection of this section shall constitute a separate and distinct offense independent of the violation of any other section or subsection, or of any order issued pursuant to this section. Each day a violation continues shall be considered a separate offense.
M. 
Penalties. Any person(s) found to be in violation of the provisions of this section shall be subject to a fine not to exceed $500 per violation, with each day or documented act or occurrence to be considered a separate violation.
A. 
Preservation of natural land.
(1) 
It is hereby found that natural floodplains display complex intimate relationships among streams, periodic flooding, soils, vegetation, fish and wildlife and that periodic flooding of lowland areas, marshes and swamps adjacent to stream channels produces a rich physical chemical environment for many living organisms. It is further found that floodplains contain biological communities which are among the most productive of natural systems and perform the following functions essential to the natural environment:
(a) 
Passage and storage of storm floodwaters.
(b) 
Removal of sediment loads from streams through deposition.
(c) 
Replenishment of groundwater supplies through soil infiltration.
(d) 
Dissipation of energy of flood flows, thereby reducing downstream destruction.
(e) 
Provide areas of recreational and aesthetic pleasure.
(2) 
Because of the importance of the natural floodplain as cited above all natural land within any delineated floodplain, except for land to be developed in accordance with this chapter, shall be preserved in its natural state, and where possible, developed land within the floodplain shall be restored to its natural state so as to duplicate the natural or undeveloped drainage characteristics in terms of runoff and velocity.
(3) 
Whenever the alteration or relocation of a watercourse is required, the applicant shall notify the Federal Insurance Administrator, New Jersey Department of Environmental Protection, County of Morris, and adjacent communities. The applicant shall assure that the flood-carrying capacity within the altered or relocated portion of any watercourse is maintained and conforms with the state plan.
B. 
Performance standards. In reviewing any proposed construction or development, the Board shall be reasonably assured upon evidence submitted by the applicant that any structure, when built or altered, can be occupied without peril to the health or safety of the occupant and that the proposed land use:
(1) 
Has an inherent low flood-damage potential.
(2) 
Either acting alone or in combination with existing or future uses, does not obstruct flood flows.
(3) 
Does not affect adversely the water-carrying or storage capacity of any channel floodway or flood fringe area.
(4) 
Does not increase erosion or the rate of local runoff.
(5) 
Does not unduly stress or degrade the natural environment of the floodplain or degrade the quality of surface water or the quality and quantity of groundwaters.
(6) 
Does not require channel modification or relocation.
(7) 
Is set forth in Article V as a permitted use for that portion of the floodplain where proposed and is not a prohibited use as set forth below.
C. 
Prohibited uses in channels, floodways and flood fringe areas.
(1) 
Channel. Within any channel, structures shall not be erected, expanded or externally altered, and fill, excavation or other improvements or changes shall not be permitted except in connection with stream improvement or stabilization, which improvements or changes shall have the specific approval of the New Jersey Department of Environmental Protection and the Board. The Morris County Planning Board shall receive copies of all exhibits for their review and approval as required.
(2) 
Floodway.
(a) 
Within any floodway, structures shall not be erected, enlarged, expanded or externally altered, and fill, excavation or other improvements or changes shall not be permitted, except in connection with stream improvement or stabilization, which improvement or changes shall have the specific approval of the New Jersey Department of Environmental Protection and the Board. The Morris County Planning Board shall receive copies of all exhibits for their review and approval as required.
(b) 
The accepted practices of soil husbandry and farming, as well as recreational uses in the nature of parks, playgrounds, picnic areas, golf courses and boat landings shall be permitted in accordance with the issuance of a permit as provided by § 195-38B of this article. No material, equipment or vehicles shall be parked or stored in the floodway, even in conjunction with a permitted use.
(c) 
In all areas of special flood hazard in which base flood elevation data has been provided and no floodway has been designated, the cumulative effect of any proposed development, when combined with all other existing and anticipated development, shall not increase the water surface elevation of the base flood more than 0.2 of a foot at any point.
(3) 
Flood fringe area. Within any flood fringe area, structures other than mobile homes may be constructed, erected, enlarged, expanded, externally altered or modified, and fill, excavation and other improvements may be permitted in the flood fringe area after receiving specific approval of the Board for a use allowed in Article V and further subject to the conditions set forth in this article.
(4) 
Upon application for such a permit, the Board shall notify the Borough Environmental Commission and the governing bodies and environmental commissions of other municipalities which may be affected by the proposed use. Such notifications shall include the name and address of the applicant, the location of the proposed use and abbreviated description of the proposed use and announcement as to where and at what times the complete application may be reviewed and to whom and by what date interested parties may communicate their positions concerning the application and any data that they may have developed in reference to the effects of the proposed use. The Board shall review the application and all information received under § 195-38.
(5) 
In reviewing the application and arriving at findings, the Board shall consult with the Borough Engineer and other experts and consider the following criteria in addition to those set forth in § 195-38.
(a) 
The danger to life and property due to increased flood heights or velocities caused by encroachments.
(b) 
The danger that materials may be swept onto other land or downstream to the injury of others.
(c) 
The proposed water supply and sanitation systems and the insulation of these systems from disease, contamination and unsanitary conditions resulting from flooding.
(d) 
The susceptibility of the proposed use to flood damage and the effects of such damage.
(e) 
The need for a waterfront location.
(f) 
The availability of alternate locations not subject to flooding.
(g) 
The duration, rate of rise and sediment transport of floodwaters expected at the site.
(h) 
The safety of access to the property in times of flood for ordinary and emergency vehicles.
(i) 
The extent to which the hydraulic capacity of the floodway will be disrupted.
(j) 
The degree to which the proposed use serves the general public's health, safety and welfare.
(k) 
The degree to which any aspect of food chain or plant, animal, fish or human life processes are affected adversely within or beyond the proposed use area.
(l) 
The degree to which the proposed activity alters natural water flow or water temperature.
(m) 
The degree to which the proposed use provides facilities for the proper handling of litter, trash, refuse and sanitary and industrial waste.
(n) 
The degree to which irreplaceable land types will be destroyed.
(o) 
The degree to which the natural, scenic and aesthetic values at the proposed development site can be retained.
(p) 
The degree to which materials not subject to major damage by floods are firmly anchored to prevent flotation and/or are readily removable from the area within the time available after flood warning.
(6) 
If the Board finds that the proposed use would violate or tend to violate the purposes and intent of this article, the application shall be denied.
D. 
Conditions of approval for permitted uses. If the application will not violate the purposes and intent of this chapter, the Board may approve the application and impose such conditions as are necessary to promote the public safety, health and welfare, to protect public and private property, wildlife and to preserve, protect and enhance the natural environment of the floodplain.
(1) 
General conditions. These conditions may include, but are not limited to, the following:
(a) 
Modification of waste disposal and water supply facilities.
(b) 
Imposition of operational controls, sureties and deed restrictions.
(c) 
Requirements for construction of stormwater detention facilities, channel modifications, dikes, levees and other protective measures.
(d) 
Installation of an adequate flood-warning system.
(e) 
Postponement of development until such time as protective measures are installed or until the floodway and flood hazard areas have been delineated by the NJDEP or the applicant to the satisfaction of the Borough.
(2) 
Specific conditions. The following regulations shall apply to all numbered A Zones and, in addition, to all unnumbered A Zones where, in the absence of FIA base flood elevation data, the Planning Board shall obtain, review and utilize any base flood elevation data available from a federal, state or other source.
(a) 
Where the lowest floor of any new structure is more than two feet above the existing grade at the perimeter of said structure, the site shall be filled. Such fill shall be subject to the following conditions:
[1] 
All fill material shall be well-compacted.
[2] 
The elevation of the fill shall be not more than two feet below the base flood elevation.
[3] 
The elevation of the fill at the perimeter of the structure shall be equal to the elevation of the fill beneath the structure.
[4] 
Fill at the perimeter of the structure shall be stabilized by a retaining wall or by slopes of not greater than 4:1 and shall be protected from erosion.
[5] 
Where fill is stabilized by a retaining wall, said fill shall extend beyond the perimeter of the structure a distance equal to not less than twice the height of the retaining wall or five feet, whichever is the greater.
(b) 
All new residential construction, residential additions and substantial improvements of residential structures within the floodplain shall have the lowest floor (including basement) elevated to not less than six inches above the base flood elevation. For purposes of site plan review and approval, the requirement of six inches above the base flood elevation shall not include a detached garage; nor shall it include a patio, terrace, deck or an unheated and unenclosed porch, provided that any entrance from such a structure to a main structure shall be a minimum of six inches above the base flood elevation. The floor of an attached garage may be not more than two feet below the base flood elevation, provided that the portions of all walls and partitions below the base flood elevation are floodproofed and further provided that any entrance from an attached garage to a main structure shall be a minimum of six inches above the base flood elevation.
(c) 
All new nonresidential construction within the floodplain shall have the lowest floor (including basement) elevated to not less than one foot above the base flood elevation or be floodproofed as set forth in Subsection D(2)(d) below. Floodproofing alone shall not be considered adequate for residences, hospitals, nursing homes, schools, day-care centers and similar uses.
(d) 
Floodproofing measures shall be consistent with the base flood elevation for the particular area, flood velocities, durations, rates of rise, hydrostatic and hydrodynamic forces and other similar factors. The Board shall require the applicant to submit a plan or document certified by a registered professional engineer that the floodproofing measures are consistent with the base flood elevation and associated flood factors. Any or all of the following floodproofing measures may be required:
[1] 
Anchorage to resist flotation, collapse and lateral movement.
[2] 
Installation of watertight doors, bulkheads and shutters or similar devices.
[3] 
Reinforced walls to resist water pressures.
[4] 
Use of paints, membranes or mortars to reduce seepage of water through walls.
[5] 
Addition of weight to structures to resist flotation.
[6] 
Installation of pumps to lower water levels in structures.
[7] 
Pumping facilities or comparable measures for the subsurface drainage systems of buildings to relieve external foundation wall and basement flood pressures.
[8] 
Construction that resists rupture or collapse caused by water pressure or floating debris.
[9] 
Installation of valves or controls on sanitary and storm drains which will permit the drains to be closed to prevent back up of sewage or stormwaters into the structure. Gravity drainage of basements may be eliminated by mechanical devices.
[10] 
Electrical, heating, ventilation, plumbing and air-conditioning equipment and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.
[11] 
Storage facilities for chemicals, explosives, buoyant materials, flammable liquids or other toxic or hazardous materials shall be situated above the base flood elevation and shall be floodproofed to prevent flotation of storage containers or damage to storage containers which could result in the escape of toxic materials into the floodwaters.
[12] 
Use of construction materials which are resistant to water damage.
[13] 
For all new construction and substantial improvements, fully enclosed areas below the lowest floor that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or must meet or exceed the following minimum criteria:
[a] 
Fully enclosed areas shall have a minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding one foot above grade.
[b] 
Openings may be equipped with screens, louvers or other coverings or devices, provided that they permit the automatic entry and exit of floodwaters.
(e) 
All manufactured homes shall be anchored to resist flotation, collapse or lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable state and local anchoring requirements for resisting wind forces. All manufactured homes to be placed or substantially improved within an area of special flood hazard shall be elevated on a permanent foundation such that the top of the lowest floor is at or above the base flood elevation.
E. 
Materials prohibited in channels, floodways and flood fringe areas. No person shall hereafter engage in, cause or permit other persons to engage in prohibited uses within a delineated floodplain. The following uses shall be prohibited:
(1) 
Placing, depositing or dumping any solid waste, garbage, refuse, trash, rubbish or debris.
(2) 
Dumping or discharging untreated domestic sewage or industrial wastes, either solid or liquid.
(3) 
The storage or disposal of pesticides.
(4) 
The storage or processing of materials that are, in time of flooding, buoyant, flammable or explosive.
(5) 
The storage or processing of hazardous materials that could be injurious in time of flooding to human, animal or plant life.
F. 
Preexisting nonconforming structures and uses.
(1) 
Structures or land uses in any floodplain which existed on or before the effective date of this chapter may be permitted to continue, subject to the following conditions:
(a) 
If any preexisting structure is destroyed by any means, including floods, to an extent of 50% or more of its replacement cost at time of destruction, it shall not be reconstructed, except in conformity with the provisions of this chapter.
(b) 
No preexisting structure shall be moved, altered, expanded, changed or enlarged unless the provisions of this chapter are complied with. This provision does not apply to routine maintenance and repair, provided that such maintenance and repair does not increase the flood damage potential of the structure.
(c) 
In any portion of the floodplain, an existing nonconforming use or structure may be altered or expanded, provided that such alteration or expansion does not increase its ground coverage or flood damage potential.
(2) 
If actual construction of a structure is underway on or before the effective date of this chapter, then such construction may be completed. "Actual construction" is hereby defined to include the placing of construction materials in a permanent position and fastened in a permanent manner. The provisions of Subsection F(1) above shall apply to such structures upon completion of construction.
(3) 
Structures in the floodway abandoned for six consecutive months or longer and structures abandoned for 12 consecutive months or longer in the flood fringe area after the effective date of this chapter shall not qualify as preexisting uses.
G. 
Flood map. The Board, after proper investigation, survey and public hearing, may recommend amendments to the U.S. Department of Housing and Urban Development Flood Map.
A. 
Site plan data. In addition to the site plan approval requirements contained in this chapter, no building or structure shall hereinafter be erected, enlarged, expanded, externally altered or modified nor shall any paving, fill, excavation or improvements be permitted within any floodplain area unless a site plan shall have been submitted to the Planning Board for its review and approval.
(1) 
Said site plan shall be drawn to a scale not less than one inch equals 50 feet and shall show, in addition to the information required under other ordinances, the following information:
(a) 
Existing and proposed buildings and structures.
(b) 
Proposed finished grade elevations at the corners of any structure or structures.
(c) 
Existing topography and proposed grading at contour intervals of at least one foot.
(d) 
The lowest elevation within any proposed structure after its completion.
(e) 
The location, type and size of all existing and proposed storm drainage facilities and other utilities servicing or proposed to service the premises in question.
(f) 
The location, size, and nature of all existing and proposed drainage rights-of-way or easements and the location, size and description of any lands to be dedicated to the municipality, county or state.
(g) 
The layout and size of existing and proposed public or private streets.
(h) 
The elevation of any existing or proposed pumping facilities.
(i) 
The nature and extent of any construction alterations or repairs.
(j) 
The location, size and nature of the entire lot or lots in question and any contiguous lots owned by the applicant has a direct or indirect interest.
(k) 
Proof of stream encroachment lines obtained from the New Jersey Department of Environmental Protection.
(l) 
Flood hazard elevations and boundaries shall be shown based upon the latest information shown on the Flood Insurance Rate Map prepared by the Federal Emergency Management Agency.
(m) 
The extent of filling of the land, if any.
(n) 
The location, type and size of all existing and proposed erosion and siltation control measures, such as slope protection, soil stabilization, sedimentation basins, sediment traps, headwalls, aprons and the like.
(o) 
The applicant shall submit proof that:
[1] 
Proposed structures are designed and adequately anchored to prevent flotation, collapse or lateral movement.
[2] 
Materials and utility equipment used are resistant to flood damage.
[3] 
Construction utilizes methods and practices that minimize flood damage.
[4] 
Subdivision proposals are consistent with the need to minimize flood damage in flood-prone areas.
[5] 
All public utilities and facilities, such as sewer, gas, electrical and water systems are designed, constructed and located to prevent, minimize or eliminate flood damage or infiltration.
(p) 
Any and all other information and data necessary to meet any of the requirements of this article.
(2) 
In addition, where required by the Board, the developer shall furnish information relating to subsurface conditions, based on percolation tests and soil borings or probes. Test borings or probes shall be performed by a licensed professional engineer with proven competency in the field of soils engineering and shall be in accordance with acceptable engineering standards and practices. A detailed report of the test shall be submitted to the Board and Borough Engineer for review.
(3) 
Any application for site plan approval under this section shall be acted upon by the Board within 45 days of the filing date, or within 95 days of the filing date if the site plan requires a variance as provided for in § 195-41. The filing date shall be that date when a complete application is filed with the Secretary of the Board.
(4) 
Action by the Board may be conditioned upon any required approval by the New Jersey Department of Environmental Protection.
(5) 
Board disapproval shall include written findings upon any site plan element found contrary to the provisions or intent of this article.
(6) 
Any application shall include a certification by a registered professional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meeting the applicable provisions of this Article VI. A copy of such certification shall be provided to the official as set forth in § 195-43.
B. 
Permits. No person or persons shall engage in a permitted use within a delineated floodplain until all necessary permits have been obtained from those governmental agencies from which approval is required, including Section 404 of the Federal Water Pollution Control Act amendments of 1972, 33 U.S.C. § 1334.
C. 
Conditions. The Board may impose such conditions on permitted uses as it deems appropriate to promote the public safety, health and welfare, to protect public and private property, wildlife and fisheries and to preserve, protect and enhance the natural environment of the floodplain. No certificate of occupancy shall be issued unless all conditions of approval have been complied with.
A. 
Flood insurance, in accordance with the National Flood Insurance Program of the United States Department of Housing and Urban Development, shall be required for all development in the floodplain. Insurance premium rates are determined by statute according to actuarial risk and will not be modified by the granting of a variance, except as defined in § 195-41 of this article.
B. 
The Federal Insurance Rate Map shall be used to determine applicable zones for flood insurance for a particular dwelling. The applicant shall verify that the latest available flood elevations and the Federal Insurance Rate Maps are being utilized in the determination of the flood elevations.
C. 
The areas of special flood hazard identified by the Federal Insurance Administration in a scientific and engineering report entitled "The Flood Insurance Study for the Borough of Madison," dated April 15, 2002, as subsequently amended with accompanying Flood Insurance Rate Maps or any approved subsequent revision, is hereby adopted by reference and declared to be a part of this article. The Flood Insurance Study is on file at the Engineer's Office in the Borough of Madison.
A. 
The issuance of a variance is for floodplain management purposes only and is subject to applicable state and federal laws and regulations. The Board, after examining the applicant's hardships, shall approve or disapprove a variance request.
B. 
While the granting of variances generally is limited to a lot size less than 1/2 acre as set forth in Subsection E(2) of this section, deviations from that limitation may occur. However, as the lot size increases beyond 1/2 acre, the technical justification required for issuing a variance increases.
C. 
The Federal Insurance Administrator may review the Board's findings justifying the granting of variances, and if that review indicated a pattern inconsistent with the objectives of sound floodplain management, the Federal Insurance Administrator may take appropriate action as set forth in Section 1909.24, Paragraph (b) of Federal Register, Vol. 41, No. 207, dated Tuesday, October 26, 1976, and as subsequently amended.
D. 
Variances may be issued by the Board for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or a State Inventory of Historic Places without regard to the procedures set forth in this section.
E. 
Procedures for the granting of variances by the Board are as follows:
(1) 
Variances shall not be issued by the Board within any designated regulatory floodway if any increase in flood levels during the base flood discharge would result.
(2) 
Variances may be issued by the Board only for the replacement or reconstruction of existing nonconforming structures and for additions of not more than 150 square feet to existing residential structures on lots of 1/2 acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood elevation, in conformance with the procedures of Subsection E(3) of this section.
(3) 
Variances shall only be issued by the Board upon:
(a) 
A showing of good and sufficient cause by the applicant, and
(b) 
A determination that failure to grant the variance would result in exceptional hardship to the applicant, and
(c) 
A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public or conflict with existing local laws or ordinances.
(4) 
Variance shall only be issued after public hearing as required in Article II, § 195-10C, upon determination that the variance is the minimum necessary to afford relief, considering the flood hazard.
(5) 
The Board shall notify the applicant in writing that:
(a) 
The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage.
(b) 
Such construction below the base flood elevation increases risks to life and property. Such notification shall be maintained with a record of all variance actions as required in Subsection E(6) of this section.
(6) 
The Board shall:
(a) 
Maintain a record of all variance actions, including justification for their issuance.
(b) 
Report such variances issued in its annual report submitted to the Federal Insurance Administrator.
(7) 
A burden of proof to establish all of the elements required for the issuance of a variance shall be upon the applicant, who shall prove these elements by expert testimony and documentation.
A. 
Wetland delineation. A wetlands letter of interpretation (LOI) from the New Jersey Department of Environmental Protection (NJDEP) shall be submitted as part of the application for any major subdivision or major site plan application. A minor subdivision application or a building permit application for an individual lot shall be required to perform an on-site wetland delineation as prepared by a wetland expert suitably qualified to submit an LOI, but no LOI will be required by this section. If wetlands or transition areas are present that could be impacted by the proposed improvements, an NJDEP approved LOI shall be submitted with the minor subdivision application or building permit application. If no wetlands are observed, a note to that effect shall be shown on the plans.
(1) 
Documentation. All wetland and transition areas required pursuant to N.J.A.C. 7:7A-1 et seq. (New Jersey Freshwater Wetlands Protection Act Rules) or any successor statutes or regulations shall be clearly shown on all plats or site plans submitted for approval.
(2) 
All final plats, final site plans or individual lot building plans shall include the wetland line(s) identification number as assigned by NJDEP, pursuant to the Freshwater Wetlands Protection Act.
B. 
Wetland protection standards. To prevent adverse impacts on delineated wetlands, the following guidelines shall be employed:
(1) 
A snow fence shall be installed along the limit of disturbance outside of the final wetland transition area boundary line prior to any other site disturbance, so as to prevent encroachment into these regulated areas.
(2) 
A silt fence and/or hay bales should be installed downstream from disturbance areas adjacent to the state-mandated wetland transition area line (or buffer) so as to prevent the transport of silt into the wetland areas.
(3) 
Prior to signing of the final plat for site plan, the applicant shall provide evidence of the filing of any deed restriction required by NJDEP to permit transition area modifications.
C. 
Conservation easement. When an LOI or wetlands delineation is required under Subsection A above, all wetlands and transition areas to remain undeveloped shall be protected by a conservation easement.
A. 
The purpose of this subsection is to regulate the intensity of use in areas of steeply sloping terrain in order to limit soil loss and erosion and the degradation of surface water. Steep slopes are present on a site when the existing terrain has a slope of 15% or greater as defined below:
(1) 
A slope is considered a moderate slope when the grade of the existing terrain ranges from 15% to 25%.
(2) 
A slope is considered a critical slope when the grade of the existing terrain is 25% or greater.
B. 
If the steep slopes are present on the subject property, the applicant shall prepare a steep slope map showing topography at two-foot contour intervals. The moderate and critical slopes shall be determined based upon the slope of all the land areas showing slope classes of 0% to 14.99%, 15% to 24.99% and 25% or greater. The map shall also include a calculation of the area of proposed disturbance of each slope class on each existing and proposed lot, as well as within any proposed road right-of-way, and be regulated as follows:
(1) 
Areas with slopes ranging from 0% to 14.99% are not restricted to development.
(2) 
Areas of moderate slopes shall require detailed site grading and architectural plans which focus on minimizing development activity in these areas. Up to 1/4 of all moderate slopes identified on-site are permitted to be developed. The architectural plans must be specifically designed to accommodate the topography. Roads and driveways should be designed to follow the natural topography to the greatest extent possible and minimize disturbance.
(3) 
Areas of critical slopes are restricted from development unless the disturbance is for roadway crossings or utility construction, or it is demonstrated that the roadway or utility improvements are critical and no reasonable alternatives exist. The applicant may be required to provide additional documentation of soil types, land cover, tree surveys, stability calculations or field controls on specific encroachment areas in order to justify the control of impacts.
C. 
Disturbance of steep slope areas in an amount greater than that indicated in the foregoing section shall require variance.
[1]
Editor's Note: Former § 195-42, Appeals, was repealed 9-27-2023 by Ord. No. 45-2023.
A. 
The administration and enforcement of the provisions of this article relating to the construction, erection, maintenance and continued operation at design capacity of stormwater detention facilities and other facilities, structures, devices and techniques required to carry out the objectives of this article shall be the responsibility of the Borough Engineer.
B. 
Failure to maintain any stormwater detention facility, structure or device at design capacity or to carry out required procedures or techniques shall be considered a violation of this article.
C. 
When base flood elevation and floodway data have not been provided by the Federal Insurance Administrator, the Borough Engineer shall obtain, maintain, review and reasonably utilize any base flood elevation data available from any federal, state or other source in order to administer this Article VI.
D. 
The Borough Engineer shall maintain a permanent record of on-site water detention facilities in the Borough of Madison and shall make periodic inspections to determine that these facilities are being maintained at design capacities.
E. 
The permanent record maintained by the Borough Engineer shall include the following information: elevation in feet above sea level of the lowest habitable floor and basement of all new construction and substantial improvements; and elevation to which a structure has been floodproofed. These records shall be made available for public inspection and be supplied upon request for the purpose of determining flood insurance premium rates.
F. 
The Borough Engineer shall serve notice on the owner or occupant to correct any violation of Article VI within 30 days. Upon failure of said owner or occupant to correct such violation, the Borough shall prosecute a complaint to correct such violation before the Municipal Judge and owner or occupant shall be liable to pay fines in accordance with this chapter not to exceed $1,500 per violation.