Borough of Wood-Ridge, NJ Stormwater Management Regulations

Article I Stormwater Management Regulations

This article shall be known and cited as the "Borough of Wood-Ridge Stormwater Management Ordinance of 1990" and shall supersede all existing stormwater management ordinances.

§ 464-2 General intent.

The general intent of this article is to manage the increased rate and velocity of surface water runoff created by alteration of the ground cover and natural runoff patterns.

§ 464-3 Purposes.

This article is deemed essential and necessary to protect the public health, safety and welfare of the citizens of the Borough of Wood-Ridge and the surrounding communities by accomplishing the following purposes:

To maintain the adequacy of natural stream channels and prevent accelerated bank erosion by controlling the rate and velocity of runoff discharge to these watercourses.

To preserve present adequacy of culverts and bridges by suppressing artificially induced flood peaks.

To reduce public expenditures for replacement or repair of public facilities resulting from artificially induced flood peaks.

To prevent damages to life and property from flooding resulting from excessive rates and velocities of runoff.

Any and all other purposes set forth in N.J.S.A. 40:55D-93 are herein incorporated into this article.

§ 464-4 Definitions.

For the purposes of this article, the terms and words listed in this section shall have the meanings herein given. Terms and words not defined herein shall have, for the purposes of this article, the meanings given them in Chapter 335, Land Subdivision and Site Plan Review, as the same now reads or may be amended. Terms and words not defined herein or in Chapter 335, but defined in the Municipal Land Use Law,[1] shall have, for the purposes of this article, the meanings given them in the Municipal Land Use Law, its amendments or supplements thereto. Terms and words not defined in any of the foregoing sources shall have the meanings established by common usage of the words unless the context herein clearly indicates the contrary.

[1]

Editor's Note: See N.J.S.A. 40:55D-1 et seq.

The following words and phrases shall have the following meanings when used herein:

APPROVED PLAN

A plan to control stormwater runoff which has been approved by the Board.

BOARD

The Planning Board of the Borough of Wood-Ridge.[2]

CHANNEL

A watercourse with a definite bed and banks which confine and conduct continuously or intermittently flowing water.

CONSERVATION EASEMENT

An agreement or covenant running with the land which prohibits all land or vegetation disturbance in favor of a permanent dedication to natural open space, each agreement to be entered into between the applicant and the municipality.

DEVELOPER

Any person, partnership, corporation or public agency requesting approval of a major subdivision or of a site plan.

DRAINAGE RIGHT-OF-WAY

The lands required for the installation of stormwater sewers or drainage channels or required along a natural stream or watercourse for preserving the channel and providing for the flow of water therein to safeguard the public against flood damage.[3]

DRAINAGEWAY

Any watercourse, trench, ditch, depression or other hollow space in the ground, natural or artificial, which collects or disperses surface water from the land.

NATURAL DRAINAGE FLOW

The topographical pattern or system of drainage of surface water runoff from a particular site, including the various drainageways and watercourses which carry surface water only during periods of rains, storms or floods.

NONPOINT RUNOFF

Surface water entering a channel from no definable discharge source.

SEASONAL HIGH GROUNDWATER TABLE

As shown on a soils map, subject to field investigation.

STORMWATER MANAGEMENT PLAN

A plan consistent with the purposes and policies of this article, which fully indicates necessary land treatment measures and techniques, including a schedule for implementation and maintenance.

SURFACE WATER

All water produced by rain, flood, drainage springs and seeps flowing over the land or contained within a natural or artificial watercourse.

SURFACE WATER RUNOFF

The dispersion or drainage of surface water by natural or artificial means, or any overland flow of water across the ground surface to the nearest conduit.

SURFACE WATER RUNOFF DAMAGE

All damage or harm to property values, land, vegetation and water supplies, including but not limited to flooding, soil erosion, siltation and other pollution of watercourse and diminished recharge of groundwater supply, which damage results or is likely to result when surface water runoff is increased in rate, velocity or quantity.

WATERCOURSE

Rivers, streams, brooks, waterways, lakes, ponds, marshes, swamps, bogs and all other bodies of water, natural or artificial, public or private, which are contained within, flow through or border on the Borough or any portion thereof.

WATERSHED

An area of surface water runoff related to a point of concentration.

[2]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).

[3]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).

§ 464-5 Plan required; waivers.

Stormwater management plan review and approval shall be required concurrent with final site plan approval or major subdivision approval as required by Chapter 335, Land Subdivision and Site Plan Review.

The Board may waive the need for a stormwater management plan upon recommendation of the Borough Engineer after finding that there is no appreciable increase anticipated in rate, velocity or duration of runoff based on plans and drainage calculations submitted.

The Board may waive the specific requirements of this article upon recommendation of the Borough Engineer where such waiver would be in the best interest of the Borough of Wood-Ridge. Any waiver by the Borough of Wood-Ridge does not waive the requirements of any other governmental agency.

§ 464-6 Plan approval.

The stormwater plan or any major amendment thereto shall be approved by the Board after review and favorable report by the Borough Engineer.

The stormwater management plan shall be filed as part of the application required by Chapter 335 of the Code of the Borough for a site plan and for a major subdivision.

Stormwater management plans shall be reviewed by the Board with advice and assistance of the Borough Engineer. The Board's consideration of applications may be guided by but not limited to the following factors:

(1)

The suitability of the applicant's proposed surface water management measures, devices and planning techniques, whether involving on-tract or off-tract measures or some combination thereof, in respect to the total surface water runoff velocities and rates of discharge which the applicant's proposed construction or land disturbance may generate.

(2)

Existing topography, present vegetation and hydrologic soil factors.

(3)

Groundwater recharge and discharge areas, wet soils and seasonal high groundwater table, and alluvial, poorly drained and somewhat poorly drained soils.

(4)

The design storm.

(5)

Natural drainage flow and pattern throughout the subwatershed(s) affected by the plan.

(6)

Land uses in both the immediate vicinity and surrounding drainage region.

(7)

Any other applicable or relevant environmental and resource protection ordinances, statutes and regulations.

(8)

Any other factors relevant to the coordinated, adjusted and harmonious development of the site, vicinity, municipality and region.

(9)

Achievement of article objectives; compliance with state regulations.[1]

(a)

The plan's ability to achieve the objectives of this article as specified in § 464-3 herein.

(b)

The plan's ability to comply with applicable state regulations, as formulated by the New Jersey Department of Environmental Protection.

[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).

If after considering the above factors and after consultation with the Borough Engineer the Board determines that the proposed construction will generate no additional surface water runoff or that the stormwater runoff from the project will be managed in accordance with standards of this article or will not be detrimental to the public health, safety and general welfare of the Borough, the Board shall approve the plan and issue the necessary permit.

If, however, after considering the above factors and after consultation with the Borough Engineer the Board determines that the proposed construction will generate surface water runoff which will be detrimental to the public health, safety and general welfare in light of the paramount public interest in the damage and environmental degradation, the Board shall deny the permit and shall clearly and concisely state the reasons for the denial.

The Board, in approving said stormwater management plan, may impose lawful conditions or requirements designated or specified on or in connection therewith. These conditions and requirements shall be provided and maintained as a condition to the establishment, maintenance and continuance of any use or occupancy of any structure or land.

§ 464-7 Plan requirements.

The stormwater management plan shall incorporate the details required for site plans or improvements and utility plans and shall include, as a minimum, the following:

Lot and block numbers of the site as shown on the current Tax Map of the Borough.

Name and address of the owner of the land and the size of the subwatershed and the location of the site within the watershed(s).

Location, description and quantification of significant natural and man-made features on and surrounding the site, including topography, all impervious surfaces and soil and drainage characteristics, with particular attention to the location and description of presently existing surface water runoff control devices, mechanisms or areas, swamps, floodplains, swales, woods and vegetation, steep slopes and other features critical to the purposes of this article.

Size of nearest culvert or bridge downstream of the discharge area and profiles and cross sections of the stream channel upstream of that structure if within 500 feet of the tract.

Profiles and cross sections of the stream channel at all points of proposed surface water discharge from the site, as required by the Borough Engineer.

Location, description and quantification of proposed changes to the site, whether of a permanent or temporary nature, with particular attention to impervious surfaces and interception of presently dispersed flow which may have an impact upon the capacity of the soil, vegetative cover and drainageways to absorb, retard, contain or control surface water runoff.

Designation of critical or other areas to be left undisturbed, shown in sufficient detail to be accurately marked on the land.

Computation of the total stormwater runoff before, during and after the disturbance of land and/or construction of impervious surfaces.

Proposed measures for stormwater management.

A schedule of the sequence of installation of the stormwater management plan related to the starting and completion dates of the project.

Proposed maintenance schedule for all stormwater management structures, stipulating current maintenance, continued maintenance and responsibility for the same.

All proposed revisions of required data as well as such additional data as the Board may require.

§ 464-8 Design standards.

General standards. In the preparation of a stormwater management plan, the following general principles shall be adhered to:

(1)

Maximum use shall be made of presently existing stormwater runoff control devices, mechanisms or areas.

(2)

Evaluation shall be made of the nature of the subwatershed of which the site is a part and of the receiving stream channel capacities.

(3)

Stormwater runoff shall not be transferred from one subwatershed to another.

(4)

The plan should coordinate with the soil erosion sediment control plan.

(5)

To the greatest possible extent, the plan shall avoid the concentration of flow and shall provide for dissipation of velocities at all concentrated discharge points.

(6)

Reestablishing vegetative cover shall be in accordance with the Standards and Specifications for Soil Erosion and Sediment Control in New Jersey, latest edition.

(7)

Timing for the plan shall establish permanent stormwater management measures prior to construction or other land disturbance, to include seeding and establishing sod in grass standards.

Design standards.

(1)

For calculating runoff amounts and for design of controls, either of the following methods may be used in computing runoff: Soil Conservation Service[1] (SCS) Method or the Rational Method. These are the minimum design standards acceptable to the Borough. Should the state or county agencies have jurisdiction in any area, the more stringent of all the regulations shall apply.

Criteria	SCS Method	Rational Method
Surface conditions	Existing condition of pasture: good hydrologic condition, no mechanical treatment, whichever is less	Existing condition or average cultivation of light growth [C = 0.20-0.42)]
Collection system	25-year storm	25-year storm
Storage	100-year storm	100-year storm
Outlet discharge	100-year storm	100-year storm
Emergency spillway	100-year storm	100-year storm
Soil type
Maximum velocity at pipe outlets	4 feet per second	4 feet per second
Intensity	SCS Method

[1]

Editor's Note: Now the Natural Resources Conservation Service (NRCS).

(2)

All outfalls are to be designed in a manner to retard velocities at the outfall and provide stream channel protection.

(3)

When a natural drainage pattern is necessarily intercepted, as by a street, the same shall be considered.

(4)

All structures and land treatment practices shall conform to the Standards and Specifications for Soil Erosion and Sediment Control in New Jersey, latest edition.

(5)

All water-carrying structures and/or retention areas shall be completed and stabilized prior to diversion of water to them.

(6)

Preliminary to developing the surface water management plan, there shall be an inventory of the site showing all existing natural and man-made drainage-related features. These features shall be incorporated in the plan to the greatest possible extent in accordance with their functional capabilities.

(7)

Drainageways and watercourses which normally carry or receive surface water runoff shall not be overloaded with increased runoff, sediment or other pollution resulting from disturbance of soil and vegetation or incident to development, construction or other activity.

(8)

Due consideration shall be given to the relationship of the subject property to the natural or established drainage pattern of the subwatershed(s) of which it is a part.

(9)

Surface water runoff controls shall be designed to assure that the land in question uses no more than its proportionate watershed share of the natural stream and culvert capacity.

(10)

A flood routing of the discharge channel shall be provided so that the coordination of discharges proposed from the tract with those from off the tract and the effects of stream bank erosion can be analyzed.

(11)

Innovative surface water runoff control and recharge devices may be proposed, such as rooftop storage, dry wells, cisterns and roof drain infiltration trenches, provided that they are accompanied by detailed engineering plans and performance capabilities.

§ 464-9 Implementation of plan.

Limit of construction. Critical impact areas and other areas to be left undisturbed shall be physically marked with survey stakes or protected with a temporary snow fence prior to any land disturbance.

Timing. A schedule of sequence of operation for the construction and/or installation of the required stormwater management improvements shall be included in the Board's site plan or subdivision approval.

Bonding. The Board shall provide for the posting of performance guaranties and maintenance bonds, per the recommendations of the Borough Engineer.

Inspection.

(1)

The developer shall bear full and final responsibility for the installation and construction of all required surface water runoff control measures according to the provisions of his approved plan and this article. The Borough Engineer shall inspect the site during its preparation and development.

(2)

During the construction of the required improvements, said improvements shall be inspected by the Borough Engineer to ascertain that the provisions of the applicant's approved plan are complied with, including the limit of construction for areas to be left undisturbed.

Maintenance.

(1)

At the time of approval of the plan, responsibility for continued maintenance of stormwater runoff control structures and measures shall be stipulated and properly recorded.

(2)

The Borough shall retain the right to enter and make repairs and improvements where necessary to ensure that all control measures as well as areas dedicated to surface water retention or groundwater recharge are adequately maintained and preserved. The Borough may charge the owner for the costs of these services if such maintenance is his responsibility.

Enforcement. If at any time the Borough Engineer finds existing conditions not as stated in the applicant's approved plan, the Board or its designated agent shall order cessation of all work and seek to enjoin the violation or take such steps looking to the enforcement of the plan as may be lawful.

§ 464-10 Violations and penalties.

Any person who violates any provision of this article shall, upon conviction thereof, be subject the provisions of Chapter 1, § 1-3, of the Borough Code. This section is herein incorporated by reference into this article.

§ 464-11 Illicit connections to storm sewer system.

[Added 2-8-2005 by Ord. No. 2005-2]

Purpose. To prohibit illicit connections to the municipal separate storm sewer system(s) operated by the Borough, so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.

Definitions. For the purpose of this section, the following terms, phrases, words and their derivations shall have the meanings stated herein unless their use in the text of this section 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. The definitions below are the same as or based on corresponding definitions in the New Jersey Pollutant Discharge Elimination System (NJPDES) rules at N.J.A.C. 7:14A-1.2.

DOMESTIC SEWAGE

Waste and wastewater from humans or household operations.

ILLICIT CONNECTION

Any physical or nonphysical connection that discharges domestic sewage, noncontact cooling water, process wastewater, or other industrial waste (other than stormwater) to the municipal separate storm sewer system operated by the Borough of Wood-Ridge, unless that discharge is authorized under a NJPDES permit other than the Tier A Municipal Stormwater General Permit (NJPDES Permit Number NJ0141852). Nonphysical connections may include, but are not limited to, leaks, flows or overflows into the municipal separate storm sewer system.

INDUSTRIAL WASTE

Nondomestic waste, including, but not limited to, those pollutants regulated under Section 307(a), (b), or (c) of the Federal Clean Water Act [33 U.S.C. § 1317(a), (b), or (c)].

MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)

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 Borough of Wood-Ridge or other public body and is designed and used for collecting and conveying stormwater.

NJPDES PERMIT

A permit issued by the New Jersey Department of Environmental Protection to implement the New Jersey Pollutant Discharge Elimination System (NJPDES) rules at N.J.A.C. 7:14A.

NONCONTACT COOLING WATER

Water used to reduce temperature for the purpose of cooling. Such waters do not come into direct contact with any raw material, intermediate product (other than heat) or finished product. Noncontact cooling water may however contain algaecides, or biocides to control fouling of equipment such as heat exchangers, and/or corrosion inhibitors.

PERSON

Any individual, corporation, company, partnership, firm, association or political subdivision of this state subject to municipal jurisdiction.

PROCESS WASTEWATER

Any water which, during manufacturing or processing, comes into direct contact with or results from the production or use of any raw material, intermediate product, finished product, by-product or waste product. Process wastewater includes, but is not limited to, leachate and cooling water other than noncontact cooling water.

STORMWATER

Water resulting from precipitation (including rain and snow) that runs off the land's surface, is transmitted to the subsurface, is captured by separate storm sewers or other sewerage or drainage facilities, or is conveyed by snow removal equipment.

Prohibited conduct. No person shall discharge or cause to be discharged through an illicit connection to the municipal separate storm sewer system operated by the Borough of Wood-Ridge any domestic sewage, noncontact cooling water, process wastewater, or other industrial waste (other than stormwater).

Enforcement. This section shall be enforced by the Police Department of the Borough of Wood-Ridge.

Violations and penalty. Any person(s) who violates any of the provisions of this section shall, upon conviction, be punishable as provided in Chapter 1, General Provisions, Article II.

§ 464-12 Spilling, dumping or disposal of materials.

[Added 2-8-2005 by Ord. No. 2005-3]

Purpose. A section to prohibit the spilling, dumping or disposal of materials other than stormwater to the municipal separate storm sewer system (MS4) operated by the Borough of Wood-Ridge so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.

MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)

PERSON

Any individual, corporation, company, partnership, firm, association or political subdivision of this state subject to municipal jurisdiction.

STORMWATER

Prohibited conduct. The spilling, dumping or disposal of materials other than stormwater to the municipal separate storm sewer system operated by Borough of Wood-Ridge is prohibited. The spilling, dumping or disposal of materials other than stormwater in such a manner as to cause the discharge of pollutants to the municipal separate storm sewer system is also prohibited.

Exceptions to prohibition.

(1)

Waterline flushing and discharges from potable water sources.

(2)

Uncontaminated groundwater (e.g., infiltration, crawl space or basement sump pumps, foundation or footing drains, rising groundwaters).

(3)

Air-conditioning condensate (excluding contact and noncontact cooling water).

(4)

Irrigation water (including landscape and lawn watering runoff).

(5)

Flows from springs, riparian habitats and wetlands, water reservoir discharges and diverted stream flows.

(6)

Residential car washing water and residential swimming pool discharges.

(7)

Sidewalk, driveway and street wash water.

(8)

Flows from firefighting activities.

(9)

Flows from rinsing of the following equipment with clean water: equipment used in the application of salt and de-icing materials immediately following salt and de-icing material applications. Prior to rinsing with clean water, all residual salt and de-icing materials must be removed from equipment and vehicles to the maximum extent practicable using dry cleaning methods (e.g., shoveling and sweeping). Recovered materials are to be returned to storage for reuse or properly discarded. Rinsing of equipment, as noted in the above situation, is limited to exterior, undercarriage and exposed parts and does not apply to engines or other enclosed machinery.

Enforcement. This section shall be enforced by the Police Department of the Borough of Wood-Ridge.

Violations and penalty. Any person(s) who violates any of the provisions of this section shall, upon conviction, be punishable as provided in Chapter 1, General Provisions, Article II.