[HISTORY: Adopted by the Township Committee
of the Township of Washington as indicated in article histories. Amendments
noted where applicable.]
[Adopted 12-19-2005 by Ord. No. 46-05]
A.
Policy statement. Flood control, groundwater recharge
and pollutant reduction through nonstructural or low-impact techniques
shall be explored before relying on structural best management practices
(BMPs). Structural BMPs should be integrated with nonstructural stormwater
management measures and proper maintenance plans. Nonstructural measures
include both environmentally sensitive site design and source controls
that prevent pollutants from being placed on the site. Source control
plans should be developed based upon physical site conditions and
the origin, nature and the anticipated loading 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. It is the purpose of this article to establish
minimum stormwater management requirements and controls for major
development.
C.
Applicability.
(1)
This article shall be applicable to any site plan
or subdivision that requires preliminary or final subdivision or site
plan review as follows:
(2)
This article shall also be applicable to all major
developments undertaken by any federal, state, interstate agency,
county or municipal government or school district whose jurisdiction
is partially or entirely within the State of New Jersey.
(3)
This article and the design standards contained herein shall apply
to all projects that meet the definition of "major development" or
"minor development" herein, even if site plan or subdivision approval
is not required.
[Added 3-18-2019 by Ord.
No. 03-19]
D.
Compatibility with other permit and ordinance requirements.
Development approvals issued pursuant to this article are to be considered
an integral part of development approvals under the subdivision and
site plan review process and do not relieve the applicant of the responsibility
to secure required permits or approvals for activities regulated by
any other applicable code, rule, act or ordinance. In their interpretation
and application, the provisions of this article shall be held to be
the minimum requirements for the promotion of the public health, safety
and general welfare. This article is not intended to interfere with,
abrogate or annul any other ordinance, 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.
[Amended 2-10-2021 by Ord. No. 02-21]
All terms in this section shall be defined in the NJDEP Stormwater
Rule (N.J.A.C. 7:8, et seq.). The following additional terms are defined
for this chapter only.
Any development that creates an increase of less than 2,000
square feet of impervious area and disturbs less than 5,000 square
feet of land. Further, an exempt development shall not meet the definition
of "minor development."
Any individual development, as well as multiple developments
that individually or collectively result in:
The disturbance of one or more acres of land since February
2, 2004;
The creation of 1/4 acre or more of "regulated impervious surface"
since February 2, 2004;
The creation of 1/4 acre or more of "regulated motor vehicle
surface" since March 2, 2021; or
A combination of (2) and (3) 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 1/4 acre or more.
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 conditions (1), (2), (3) or (4) 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."
Any development that results in the creation of an increase
of 2,000 square feet or more of impervious area or one that disturbs
more than 5,000 square feet of land area. Further, a minor development
shall not meet the definition of "major development."
[Amended 4-18-2011 by Ord. No. 03-11; 2-10-2021 by Ord. No. 02-21]
A.
Exempt developments. Any project meeting the definition of "exempt
development" shall be exempt from the provisions of this section.
B.
Minor developments. Minor developments shall be designed to include
the following stormwater management measures:
(1)
Water quality. Soil erosion and sediment control measures shall be
installed in accordance with the Standards for Soil Erosion and Sediment
Control in New Jersey.
(2)
Rate/volume control. Seepage pits or other infiltration measures
shall be provided with a capacity of three inches of runoff for each
square foot of new impervious area. Stone used in the infiltration
devices shall be 2 1/2 inches clean stone and design void ratio
of 33% shall be used. The infiltration measures shall be designed
with an overflow to the surface which shall be stabilized and directed
to an existing stormwater conveyance system or in a manner to keep
the overflow on the developed property to the greatest extent feasible.
If the new impervious surface is not roof area, an equivalent area
of existing roof may be directed to the infiltration system. This
shall be permitted where the existing roof is not already directed
to infiltration devices.
C.
Major developments. All major developments shall have their stormwater
management designed in accordance with the Residential Site Improvement
Standards (RSIS, N.J.A.C. 5:21) and the NJDEP Stormwater Rule (N.J.A.C.
7:8) including all requirements for green infrastructure outline therein.
These standards shall apply to all projects, residential and nonresidential
as well as projects by the Township, Board of Education and other
agencies subject to review by the Township.
[Added 9-19-2011 by Ord. No. 13-11]
An escrow review fee shall be required in the amount of $700
for review of the design plan for a minor development by the Township
Engineer or any other professional retained by the Township in connection
with the above design. The balance of the escrow fee deposit, if any,
shall be refunded to the applicant upon completion and final inspection
of the applicable stormwater control measure. The escrow fee deposit
shall be administered by the Township in accordance with the requirements
set forth in the Municipal Land Use Law, N. J. S.A. 40:55D-53.1.
[Amended 2-10-2021 by Ord. No. 02-21]
A.
Standards for relief. Waivers from strict compliance with the major
development design standards shall only be granted upon showing that
meeting the standards would result in an exceptional hardship on the
applicant or that the benefits to the public good of the deviation
from the standards would outweigh any detriments of the deviation.
A hardship will not be considered to exist if reasonable reductions
in the scope of the project would eliminate the noncompliance.
B.
Mitigation. If the reviewing agency for the project determines that
a waiver is appropriate, the applicant must execute a mitigation plan.
The scope of the mitigation plan shall be commensurate with the size
of the project and the magnitude of the relief required. The mitigation
project may be taken from the list of projects in the Municipal Stormwater
Management Plan. All mitigation projects are subject to the approval
of the Township Engineer.
C.
Reviewing agency. All applications subject to the review of the Land
Use Board shall be reviewed by the Board concurrently with subdivision
or site plan review. Applications not subject to Land Use Board review
shall be reviewed by the Township Engineer.
D.
Appeals. The appeal of the determination of the Township Engineer
shall be made in accordance with N.J.S.A. 40:55D-70a.
[Amended 2-10-2021 by Ord. No. 02-21]
There shall be no additional fees for stormwater review for
applications to the Land Use Board. Minor development applications
to the Township Engineer shall be accompanied by a review fee in the
amount of $700. Major development applications shall be accompanied
by a review fee in the amount of $1,000. If a project is approved,
an inspection escrow deposit shall be made in an amount to be determined
by the Township Engineer.
[Amended 2-10-2021 by Ord. No. 02-21]
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). Maintenance guidelines for stormwater
management measures are available in the New Jersey Stormwater Best
Management Practices Manual. If the maintenance plan identifies a
person other than the developer (for example, a public agency or homeowners'
association) as having the responsibility for maintenance, the plan
shall include documentation of such person's agreement to assume
this responsibility, or of the developer's obligation to dedicate
a stormwater management facility to such person under an applicable
ordinance or regulation.
(3)
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.
(4)
If the person responsible for maintenance identified under § 170-6B(2) above is not a public agency, the maintenance plan and any future revisions based on § 170-6B(7) below shall be recorded upon the deed of record for each property on which the maintenance described in the maintenance plan must be undertaken.
(5)
Preventative and corrective maintenance shall be performed to maintain
the function of the stormwater management measure, including repairs
or replacement to the structure; removal of sediment, debris, or trash;
restoration of eroded areas; snow and ice removal; fence repair or
replacement; restoration of vegetation; and repair or replacement
of nonvegetated linings.
(6)
The person responsible for maintenance identified under § 170-6B(2) above shall maintain a detailed log of all preventative and corrective maintenance for the structural stormwater management measures incorporated into the design of the development, including a record of all inspections and copies of all maintenance-related work orders.
(7)
The person responsible for maintenance identified under § 170-6B(2) above shall evaluate the effectiveness of the maintenance plan at least once per year and adjust the plan and the deed as needed.
(8)
The person responsible for maintenance identified under § 170-6B(2) above shall retain and make available, upon request by any public entity with administrative, health, environmental, or safety authority over the site, the maintenance plan and the documentation required by § 170-6B(6) and B(7) above.
(10)
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.
C.
Nothing in this section shall preclude the municipality in which
the major development is located from requiring the posting of a performance
or maintenance guarantee in accordance with N.J.S.A. 40:55D-53.
Any person who erects, constructs, alters, repairs, converts,
maintains, or uses any building, structure or land in violation of
this chapter shall be subject to one or more of the following penalties:
Imprisonment for a term not exceeding 90 days; a fine not exceeding
$2,000; and a period of community service not to exceed 90 days.
[Amended 2-10-2021 by Ord. No. 02-21]
This article shall take effect March 2, 2021.
[1]
Editor's Note: Former § 170-9, Requirements for
a site development stormwater plan, § 170-10, Maintenance
and repair, and § 170-11, Violations and penalties, were
repealed 2-10-2021 by Ord. No. 02-21.
[Adopted 10-18-2010 by Ord. No. 21-10]
The purpose of this article is to require the retrofitting of
existing storm drain inlets which are in direct contact with repaving,
repairing, reconstruction, or resurfacing or alterations of facilities
on private property, to prevent the discharge of solids and floatables
(such as plastic bottles, cans, food wrappers and other litter) to
the municipal separate storm sewer system(s) operated by the Township
of Washington so as to protect public health, safety and welfare,
and to prescribe penalties for the failure to comply.
For the purpose of this article, the following terms, phrases,
words, and their derivations shall have the meanings stated herein
unless their use in the text of this article clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory.
A conveyance or system of conveyances (including roads with
drainage systems, municipal streets, catch basins, curbs, gutters,
ditches, man-made channels, or storm drains) that is owned or operated
by the Township of Washington or other public body, and is designed
and used for collecting and conveying stormwater.
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this state subject to municipal
jurisdiction.
An opening in a storm drain used to collect stormwater runoff;
includes, but is not limited to, a grate inlet, curb-opening inlet,
slotted inlet, and combination inlet.
The ocean and its estuaries, all springs, streams and bodies
of surface or ground water, whether natural or artificial, within
the boundaries of the State of New Jersey or subject to its jurisdiction.
No person in control of private property (except a residential
lot with one single-family house) shall authorize the repaving, repairing
(excluding the repair of individual potholes), resurfacing (including
top coating or chip sealing with asphalt emulsion or a thin base of
hot bitumen), reconstructing or altering any surface that is in direct
contact with an existing storm drain inlet on that property unless
the storm drain inlet either:
Storm drain inlets identified in § 170-14 above shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets. For purposes of this subsection, "solid and floatable materials" means sediment, debris, trash, and other floating, suspended, or settleable solids. For exemptions to this standard see Subsection C below.
A.
Grates.
(1)
Design engineers shall use either of the following grates whenever
they use a grate in pavement or another ground surface to collect
stormwater from that surface into a storm drain or surface water body
under that grate.
(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 (April
1996); 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 inches across the smallest dimension.
(2)
Examples of grates subject to this standard include grates in grate
inlets, the grate portion (non-curb-opening portion) of combination
inlets, grates on storm sewer manholes, ditch grates, trench grates,
and grates of spacer bars in slotted drains. Examples of ground surfaces
include surfaces of roads (including bridges), driveways, parking
areas, bikeways, plazas, sidewalks, lawns, fields, open channels,
and stormwater basin floors.
B.
Whenever design engineers use a curb-opening inlet, the clear space
in that curb opening (or each individual clear space, if the curb
opening has two or more clear spaces) shall have an area of no more
than seven square inches, or be no greater than two inches across
the smallest dimension.
C.
This standard does not apply:
(1)
Where the municipal engineer agrees that this standard would cause
inadequate hydraulic performance that could not practicably be overcome
by using additional or larger storm drain inlets that meet these standards;
(2)
Where flows 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:
(3)
Where flows are conveyed through a trash rack that has parallel bars
with one-inch spacing between the bars; or
(4)
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.
This article shall be enforced by the Police Department and/or
Construction Official of the Township of Washington.
Any person(s) who is found to be in violation of the provisions of this article shall be subject to the penalties set forth in § 1-3 of the Code of the Township of Washington for each storm drain inlet that is not retrofitted to meet the design standard.
