[Adopted 9-16-2003 by Ord. No. 1447]
A. 
It is in the best interest of the Township of Wyckoff to establish as a minimum requirement that all applications involving the construction of an in-ground pool, a new one- or two-family residence on vacant land or following the removal of an existing building or applications involving the expansion of a one- or two-family home which would result in an increase in the existing roof surface by more than 33% shall provide for a zero increase in stormwater runoff.
B. 
Recent development of property within the Township of Wyckoff has increased the discharge of stormwater in the Township and specifically onto properties adjacent to such development.
C. 
The construction and installation of in-ground pools has caused an increase in the discharge of stormwater in the Township and specifically onto properties adjacent to the in-ground pools.
D. 
Recent development of properties within the Township of Wyckoff has resulted in the clear-cutting of trees and vegetation which has contributed to the increase in stormwater runoff.
E. 
The Township of Wyckoff stormwater system has been impacted by the increase in the discharge of stormwater, which, if unregulated, will severely impede the operation of the stormwater system.
F. 
Stormwater runoff created by the development of one-and two-family residential dwellings which is not subject to Planning Board review is currently unregulated.
It is the purpose of this article to promote the public health, safety and general welfare to minimize public and private losses due to flood conditions and/or excessive stormwater runoff. Specifically, it is the intent of this article to:
A. 
Protect human life and health.
B. 
Minimize expenditure of public money for costly flood control projects.
C. 
Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public.
D. 
Minimize the negative impact of stormwater onto adjacent properties.
E. 
Minimize damage to public facilities and utilities, such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in areas of special flood hazard.
F. 
Help maintain a stable tax base by avoiding overutilization of municipal stormwater utilities.
This article shall apply to:
A. 
All applications for building permits for the construction of a one- or two-family residence or applications involving the tearing down of an existing one- or two-family residence.
B. 
All applications for building permits for the enlargement or expansion to an existing one- or two-family residence in which the completed development shall have a roof surface area which is more than 33% greater than the existing roof area. When calculating roof surface area, all necessary structures shall be included.
C. 
All applications involving the construction of in-ground pools.
A. 
All applications for a building permit for properties to which this article applies shall contain a grading plan prepared by a professional engineer which indicates topography, elevations and draining patterns. In addition, the application shall contain a written certification from a professional engineer certifying that there will be a zero increase in stormwater runoff as a result of the project.
B. 
All applications for a building permit for properties to which this article applies shall contain a landscaping plan which shall depict all existing and proposed trees and vegetation as well as proposed seepage pits and/or dry wells for the project.
C. 
The Township Engineer shall review each application for a building permit for properties to which this article applies and approve same if, in the opinion of the Township Engineer, after reviewing the grading and landscaping plans, there will be a zero increase in stormwater runoff.
D. 
No building permit shall be issued for any project to which this article applies when, in the opinion of the Township Engineer, the applicant fails to provide for a zero increase in stormwater runoff.
E. 
At the time of the application for a building permit for any project to which this article applies, the applicant shall deposit $500 in escrow to cover or defray the cost of the Township Engineer's review of the application, grading plans and landscaping plans relative to stormwater runoff.
F. 
Prior to the issuance of a certificate of occupancy or approval for construction performed in accordance with this article, the applicant's professional engineer shall certify in writing that the construction and/or landscaping was performed in accordance with the grading plans and that there is a zero increase in stormwater runoff.
[Added 4-4-2017 by Ord. No. 1822[1]]
A. 
All applications for permits as described above in § 163-3 shall contain a landscaping plan which shall depict all existing and proposed trees and vegetation as well as the location and size of proposed seepage pits and/or dry wells for the project. For purposes of this section, a tree shall be defined as a deciduous or evergreen plant having a diameter of six inches or greater as measured 4.5 feet above the natural grade.
B. 
Site plans and landscaping plans shall include:
(1) 
All existing trees which measure six-inches in diameter or greater as measured at 4.5 feet above natural grade.
(2) 
Demarcation of all trees proposed to be removed from the site.
(3) 
Demarcation of all trees to be preserved on the site.
(4) 
Tree preservation and protection details must be clearly shown on the plan protecting all existing trees.
(5) 
Demarcation of all trees located in the public right-of-way with details confirming such trees will be protected and only removed with Township prior written approval.
(6) 
Details of an irrigation plan.
(7) 
Soil erosion control measures, including silt fence and limit of disturbance fencing.
C. 
Prior to obtaining construction permits in response to the above-referenced applications, the Township Engineer and/or Construction Official, hereinafter referred to as "Township Official," shall perform a site inspection to review the above. If in the discretion of the Township Official the removal of certain trees from the site is unnecessary, unwarranted, or would have a negative impact on stormwater management, such trees shall be preserved and will remain. A revised site plan shall be submitted consistent with the requirements of the Township Official, reflecting such change.
D. 
If the applicant disagrees with the Township Official's determination, a letter of appeal may be sent to the Wyckoff Shade Tree Commission for further review, and the Shade Tree Commission shall make a final determination with regard to the treatment of such trees. Work may be suspended by the Township Official until said matter is resolved.
E. 
No trees designated to be preserved pursuant to the approved landscape plan and issued permit and/or determination of the Shade Tree Commission shall be removed or damaged.
F. 
Failure of the owner and/or agent to comply with the terms and conditions of the issued permit and approved landscape plan, including but not limited to excavation and/or stockpiling soil within a tree protection zone, shall constitute a violation.
G. 
Prior to release of any permits, all soil erosion control measures, tree protection fencing and limit of disturbance fencing shall be installed to the satisfaction of the Township Official and shall be maintained throughout the construction process.
H. 
Penalties for violations of site plan and/or landscape plan:
(1) 
If the property owner/agent violates any requirements of this § 163-5 which results in the loss of a tree(s), they shall be subject to a fine of $2,500 per lost tree. Such fine shall be payable through the Violations Bureau. In addition, the property owner shall further be required to replant trees on the property pursuant to the Township Official's direction and discretion. All violations of this section shall be subject a stop-work order.
(2) 
In addition, all other violations of this § 163-5 by the property owner and/or agent, which do not result in the loss of a tree(s), shall result in a fine of $350 per violation to the property owner and/or agent. Such fines shall be payable through the Violations Bureau. Each day that the violation shall continue to exist shall constitute a separate and individual violation of this section.
[1]
Editor's Note: This ordinance also redesignated former §§ 163-5 through 163-18 as §§ 163-6 through 163-19, respectively.
If any sentence, section, clause or any portion of this article or the application thereof to any person or circumstance shall for any reason be adjudged by a Court of competent jurisdiction to be invalid, such judgement shall not effect, impair or repeal the remainder of this article.