This article shall be known and may be cited as the "Borough of North Caldwell On-Site Stormwater Detention Ordinance."
The purpose of this article is to regulate and minimize the runoff of stormwater from properties within the Borough of North Caldwell onto adjoining properties so as to assure and safeguard the health, safety, property values and general welfare of the citizens of the Borough of North Caldwell.
[New; amended 4-14-2020 by Ord. No. O-4-20]
It shall be unlawful for any person, firm or corporation to construct a new building with a roof area of 500 square feet or greater, an addition to an existing building with a roof area of 500 square feet or greater, a deck or patio greater than 500 square feet, a tennis court, sport court or an in-ground swimming pool without first applying for and securing a permit as provided in this article.
A. 
The application for a permit shall be accompanied by a plot plan of the property showing the location of all present and proposed ditches, streams, pipes and other drainage structures, as well as cuts or fills. In addition to showing elevations, dimensions, and the location and extent of all proposed grading and/or drainage, the plan shall clearly indicate the location and elevations of all buildings, parking areas, tennis courts, pools and pool decks, and driveways. Further, the application shall indicate the present and proposed sources, storage and disposition of water being generated on site or channeled through or across the property, together with elevations, gradients and maximum flow rates.
B. 
Plot plans shall be prepared, signed and sealed by a professional engineer or architect registered in the State of New Jersey.
[New]
A. 
Stormwater runoff shall be minimized and retained on the site by the construction of one or more of the following:
(1) 
Detention basins designed in accordance with the provisions of the Residential Site Improvement Standards (N.J.A.C., Title 5, Chapter 21) and as further modified herein:
(a) 
Basins shall be designed to accommodate site runoff generated from two-year, ten-year and fifty-year storms as routed to the basin.
(b) 
The design of all detention facilities shall be as approved by the Borough Engineer.
(2) 
Dry wells or seepage pits for new driveway construction designed to retain a minimum of 250 cubic feet of storage volume for every 1,000 square feet of driveway area which does not drain to a public street. For driveway areas not evenly divisible by 1,000 square feet, the required storage volume shall be apportioned accordingly. Details and location of the dry wells or seepage pits shall be shown on the plot plan.
(3) 
Dry wells or seepage pits for new tennis court, sport court and in-ground pool construction designed to retain a minimum of two hundred (250) cubic feet of storage volume for every 1,000 square feet of tennis court or pool and decking. For tennis courts or pool areas not evenly divisible by 1,000 square feet, the required storage volume shall be apportioned accordingly. Details and location of dry wells or seepage pits shall be shown on the plot plan.
(4) 
Roof drain dry wells or seepage pits for any structure designed to retain a minimum of 250 cubic feet of storage volume for every 1,000 square feet of roofed area computed on a horizontal basis. For roof areas (computed on a horizontal basis) not evenly divisible by 1,000 square feet, the required storage volume shall be apportioned accordingly. Details and location of dry wells or seepage pits shall be shown on the plot plan.
(5) 
All discharge from detention basins shall be connected to the municipal stormwater system. Dry wells and seepage pits shall be provided with an overflow discharge to the municipal stormwater system when possible.
B. 
Natural vegetation retention and groundcover.
(1) 
Whenever feasible, natural vegetation shall be retained and protected.
(2) 
Permanent, final plant cover or lawn or ground cover shall be installed on any site prior to the issuance of a certificate of occupancy. In the event weather conditions prohibit the installation of permanent, final plant cover at the time the other structures required hereby are completed, a performance guarantee in an amount established by the Borough Engineer shall be posted with the borough to assure installation of the final plant cover when weather permits. Pending installation of permanent, final plant cover, temporary measurers in accordance with the standards for soil erosion and sediment control in New Jersey as promulgated by the State Soil Conservation Committee must be installed.
(3) 
Temporary seeding, mulching, plant cover or other suitable stabilization measures shall be used to protect exposed critical erosion areas during construction or other land disturbance.
C. 
Work within the right-of-way of borough street. Any work performed within the right-of-way of a borough street shall require the issuance of a road opening permit before work commences. Any piping in a borough right-of-way shall be constructed with reinforced concrete, ductile iron or schedule 80 p.v.c.
D. 
Dust control measures. Land disturbance work shall be conducted in such a manner as to minimize or prevent the deposit of dirt upon any public street in the borough. Notwithstanding the foregoing, in the event of such deposit, the applicant or the applicant's contractors shall expeditiously remove the dirt and clean the street where the dirt was deposited.
Notwithstanding the foregoing, where, by reason of extraordinary or exceptional conditions of a specific piece of property, the strict application of the provisions of this article would result in peculiar and exceptional practical difficulties to the owner of such property, upon application to and approval by the Mayor and Council, the Borough Engineer may be authorized to accept a plan that does not comply strictly with the standards set forth herein, provided the Council is satisfied that the plan will not impair the intent and purpose of this article and will not result in stormwater runoff hardship or damage to any adjoining property or properties.
Should any section or provision of this article be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of this article as a whole or of any part thereof.
[New]
Any person, firm or corporation violating any provisions of this article shall be liable, upon conviction, to the penalties stated in Chapter 1, Article II General Penalty, Section 1-5 et seq. Each and every day in which a person, firm or corporation shall be in violation of this article shall constitute a separate offense.