[1966 Code § 75-1; Ord. No. 5-85]
This chapter shall be known and may be cited as the "Stormwater
Management Regulations of the Borough of Bloomingdale."
[1966 Code § 75-2; Ord. No. 5-85]
It is hereby determined that the lakes and waterways within
the Borough are at times subject to flooding; that such flooding is
also a danger to the lives and property of the public; that such flooding
is also a danger to the natural resources of the County of Passaic
and State of New Jersey; that development tends to accentuate such
flooding by increasing stormwater runoff, due to alteration of the
hydrological response of the watershed in changing from the undeveloped
to the developed condition; that such increased flooding produced
by the development of real property contributes increased quantities
of waterborne pollutants and tends to increase channel erosion; that
such increased flooding, increased erosion and increased pollution
constitutes deterioration of the water resources of the Borough; and
that such increased flooding, increased erosion and increased pollution
can be controlled to some extent by the regulation of stormwater runoff
from such development. It is therefore determined that it is in the
public interest to regulate the additional discharge stormwater runoff
from such developments as provided in this chapter.
[1966 Code § 75-3; Ord. No. 5-85; Ord. No. 24-2005 § I]
a.
Sections 31-1 through 31-9 of this chapter shall be applicable to each of the types of development named below.
1.
All site plans and subdivision plans that will add one or more acres
of impervious surface (except as provided in paragraph b below).
2.
Any construction of one or more of the following uses:
(a)
Confined feeding and holding areas that provide for more than 100
head of cattle, 15,000 head of poultry, 15,000 swine, 4,000 turkeys
or ten thousand (10,000) ducks. This section shall apply to all other
equivalent numbers of animal units as determined by the Soil Conservation
Service procedure for measuring BOD producing potential.
(b)
Pipelines, storage or distribution systems for petroleum products
or chemicals.
(c)
Storage, distribution or treatment facilities (excluding on-site
sewage disposal systems) for liquid waste.
(d)
Solid waste storage, disposition, incineration or landfill.
(e)
Quarries, mines or borrow pits.
(f)
Land application of sludge or effluents.
(g)
Storage, distribution or treatment facilities for radioactive wastes.
b.
In the event that control of stormwater runoff is mandated in certain
areas for construction covering less than one acre of ground, such
lesser developments shall come under provisions of this chapter.
c.
In the case of objects for which County as well as municipal approval
of proposed drainage facilities is required, the applicants shall
be required to comply with all provisions of this chapter. In such
a case, the only provisions of the municipal ordinance which shall
govern are those requirements which are stricter than those of the
County. In the event that the County has not adopted standards, then
all of the provisions of this chapter shall be applicable.
[1966 Code § 75-4A; Ord. No. 5-85]
Whenever an applicant seeks a municipal approval of a development
to which this chapter is applicable from any board or official of
the municipality, that applicant shall be required to demonstrate
that the project meets the standards set forth in this chapter.
[1966 Code § 75-4B; Ord. No. 5-85]
The applicant shall submit materials, as required by Section 31-5, to the Municipal Board or official from which the applicant seeks municipal approval prior to or at the same time he submits his application for the municipal approval.
[1966 Code § 75-4C; Ord. No. 5-85]
The applicant's project shall be reviewed by the Municipal
Board or official from which he seeks his municipal approval. That
Municipal Board or official shall consult with the Municipal Engineer
to determine if the project meets the standards set forth in this
chapter.
[1966 Code § 75-4D; Ord. No. 5-85]
The Municipal Board or official shall promptly determine if
the project meets the standard set forth in this chapter. The time
for that determination should ordinarily, but not necessarily, be
the time permitted to review and act upon the applicant's application
for a municipal approval. Where no such timespan applies, the review,
and determination shall be made in a reasonable time.
[1966 Code § 75-4E; Ord. No. 5-85]
Failure of the applicant to demonstrate that the project meets
the standards set forth in this chapter is reason to deny the applicant's
underlying application for a municipal approval.
[1966 Code § 75-4F; Ord. No. 5-85]
In the case of an application before the Board of Adjustment
or the Planning Board, the Planning Board or the Board of Adjustment,
as the case may be, shall have the right to grant an exception to
the standards provided in this chapter, but only if the applicant,
through the submission of competent evidence, demonstrates that there
are compelling reasons for the exception and that the exception can
be granted without any significant environmental degradation. In the
case of an application which is not before the Planning Board or the
Board of Adjustment, the application for an exception must be made
to the Mayor and Council. In each such case, if an exception has been
granted, notification, within 30 days, must be sent to the County
Planning Board giving a full explanation of the nature of the exception
and the reasons why it was granted.
Each proposed project not exempt from the operation of this
chapter shall meet the following storm drainage standards:
[1966 Code § 75-5A; Ord. No. 5-85]
The project plans submitted shall demonstrate careful consideration
of the general and specific concerns, values and standards of the
municipal Master Plan and applicable County, regional and State storm
drainage control programs and County Mosquito Commission control standards
and shall be based on environmentally sound site planning, engineering
and architectural techniques.
[1966 Code § 75-5B; Ord. No. 5-85]
a.
Is it not necessary that basic requirements be satisfied by means
of detention basins. Rooftop storage, tanks, infiltration pits, dry
wells or gravel layers underneath paving may be used for the purpose,
with appropriate consideration for length of life and feasibility
of continued maintenance. Vacuum street sweeping may be substituted
for the water quality requirement in cases in which continuity of
the service can be assured and where the pollution in question originates
on the pavement.
b.
Nonstructural management practices, such as cluster land use development,
open space acquisition, stream encroachment and flood hazard controls
should be coordinated with detention requirements. Changes in land
use can often reduce the scope and cost of detention provisions required
by means of appropriate changes in runoff coefficients.
[1966 Code § 75-5C; Ord. No. 5-85; New]
a.
A detention facility must accommodate site runoff generated from
two year, 10 year and 100 year 24 hour storms considered individually
(in each case a Type II rainfall as defined in Soil Conservation Service
Publications). Runoff greater than that occurring from the 100 year
24 hour storm will be passed over an emergency spillway. Detention
will be provided such that after development neither the peak rate
of flow from the site nor the total flow during the hour of maximum
releases will exceed the corresponding flows which would have been
created by similar storms prior to development. For purposes of computing
runoff, all lands in the site shall be assumed, prior to development,
to be in good condition (if the lands are pastures, lawns or parks),
with good cover (if the lands are woods) or with conservation treatment
(if the land is cultivated), regardless of conditions existing at
the time of computation.
b.
Outlets.
1.
The outlet from the detention facility shall require that runoff
from a settleability design storm to be retained so that not over
90% will be evacuated prior to 36 hours. The settleability design
storm will be either one and one-fourth (1 1/4) inches of rainfall,
falling in two hours, or a one year frequency Type II storm as defined
by the Soil Conservation Service. The following exceptions to this
provision will be acceptable:
(a)
Retention will not be required in any case to an extent which
would reduce the outlet size to a diameter of less than three inches.
(b)
Dry basins serving residential projects may allow evacuation
of 90% in 18 hours.
(c)
Infiltration basins may satisfy this requirement, provided that
they will retain the runoff from the settleability design storm and
allow its complete infiltration within 24 hours.
2.
In all cases, multiple level outlets or other fully automatic outlets
shall be provided, designed so that discharge rates from the development
for the design storm will not be increased from what would occur if
the development were not constructed. Outlet waters shall be discharged
from the development at such locations and velocities as not to cause
additional erosion or cause additional channels below the development
from existing prior to the development.
c.
Runoff from areas uphill or upstream from the development site may
be passed across the development site without detention or storage.
If it is more convenient, part or all of such water may be passed
through the detention means described above and an equal amount of
water that originates on the site may be passed downhill or downstream.
If any such upstream water enters detention means provided as specified
under paragraph a above, the design shall be increased accordingly.
This exchange of water is permitted only if the site is not more polluted
than the detained runoff from uphill or upstream. The intention is
to require retention for the full period specified in paragraph b
above of the actual runoff from the site or its equivalent and not
just of an equivalent amount of water (which may be less polluted).
d.
Where the project consists of two phases, Phase (a), new construction
which requires provisions of storm drainage under the terms of this
chapter, and Phase (b), repair or rehabilitation of structures and
surfaces which does not result in increasing the extent of impervious
areas or in renewing existing surfaces less pervious, the detention
requirements may be computed on the basis of Phase (a) exclusively.
e.
If detention basins or other detention facilities are provided through
which water passes at times other than following rainfall, the Municipal
Engineer should be consulted concerning design criteria. It will be
necessary for detention requirements to be met, despite the necessity
of passing certain low flows.
f.
Outlets from detention facilities shall be designed to function without
manual, electric or mechanical controls. Outlet waters shall be discharged
at such locations and velocities as not to cause additional erosion
or cause additional channels below the development.
g.
The retention of site runoff as required by this chapter will result
in the accumulation in the detention basin of sediment, including
particulate-polluting substances, silt and debris. Provision must
be made for periodic removal of accumulated solid materials. Computations
for storage capacity shall include estimates for one year's accumulation
of solid materials. (In appropriate cases, this must include shopping
carts, beer cans and other cultural debris.)
h.
Responsibility for operation and maintenance of detention facilities
installed, including periodic removal and disposal of accumulated
particulate material and debris, unless assumed by a governmental
agency, shall remain with the owner of the property and shall be passed
to any successor owner. In the case of development where lots are
to be sold, permanent arrangements satisfactory to the Municipal Engineer
and the Municipal Attorney shall be made to ensure continued performance
of these obligations.
i.
In many instances, the provisions of separate detention facilities
for a number of single sites may be more expensive and more difficult
to maintain than provisions of joint facilities for a number of sites.
In such cases, the municipality will be willing to consider provisions
of joint detention facilities which will fulfill the requirements
of this regulation. In such cases, a properly planned staged program
of detention facilities may be approved by the municipality in which
compliance with some requirements may be postponed at early stages
while preliminary phases are being undertaken and construction funds
accumulated. The necessary planning to facilitate such arrangements
may be accomplished by Phase II planning under such regulations as
the New Jersey Department of Environmental Protection may promulgate.
[1966 Code § 75-5D; Ord. No. 5-85; New]
a.
Whenever practicable, developments and their stormwater detention
facilities should be beyond the extent of the flood hazard area of
a stream. When that is not feasible and detention facilities are proposed
to be located partially or wholly within the hazard area (as defined
by the New Jersey Division of Water Resources), or other areas which
are frequently flooded, some storm conditions will make the facility
ineffective at providing retention of site runoff. This will happen
if the stream is already overflowing its banks and the detention basin,
causing the basin to be filled prior to the time it is needed. In
such cases the standards established in these regulations will be
modified in order to give partial credit to detention capacities located
within a flood hazard area. The credit will vary in a ratio intended
to reflect the probability that storage in a detention basin will
be available at the time a storm occurs at the site.
b.
Storage below elevation of edge of flood hazard area.
1.
Detention storage provided below the elevation of the edge of the
flood hazard area will be credited as effective storage at a reduced
proportion as indicated in the table below:
|
Size of Drainage Area*
| |||
|---|---|---|---|
|
Elevation
(feet)
|
Less than 5 Miles
(percentage)
|
5 to 100 Miles
(percentage)
|
Greater than 100 Miles
(percentage)
|
|
Less than 2 below
|
40
|
65
|
90
|
|
Between 2 and 4 below
|
25
|
50
|
75
|
|
Over 4 below
|
10
|
25
|
50
|
|
*NOTE: Area contributing floodwaters to the flood hazard area
at the site in question.
|
2.
This effective detention will be required to provide for drainage
of the developed land in accordance with the criteria already established
in these regulations. However, the gross storage considered for crediting
will not exceed that which would be filled by runoff of a 100 year
storm from the site.
c.
As an alternative to the approach in paragraph b above, if the developer
can demonstrate that the detention provided would be effective, during
runoff from the 100 year 24 hour Type II storm, peaking simultaneously
at the site and on the flood hazard area, his plan will be accepted
as complying with provisions of paragraph b above.
d.
In making computations under paragraph b or c above, the volume of
net fill added to the flood hazard area portion of the projects site
will be subtracted from the capacity of effective detention storage
provided. (NET FILL – Is defined as the total amount of fill
created incidental to the completion of the project less the amount
of excavated material removed during the completion of the project,
both measured below the elevation of the edge of the flood hazard
area.)
e.
Where detention basins are proposed to be located in areas which
are frequently flooded but have not been mapped as flood hazard areas,
the provisions of either paragraph b or c will be applied, substituting
the elevation of a computed 100 year flood for the elevation of the
edge of the flood hazard area in paragraph b above.
f.
Developers are also required to show compliance with stream encroachment,
wetlands and floodplain regulations of the Department of Environmental
Protection.
[1966 Code § 75-5E; Ord. No. 5-85; New]
To the extent practicable and consistent with other site planning
criteria and with appropriate beneficial use of the site as a whole,
it is recommended that no alteration of the natural terrain should
occur and no impervious surface should be located within a stream
corridor or within a minimum of 50 feet on either side of the stream
center line. The corridor should include all floodplain areas, adjacent
slopes of 12% or greater and contiguous areas where the depth of the
seasonal high-water table is one foot or less.
[1966 Code § 75-6; Ord. No. 5-85; New]
a.
The following submissions shall be required for each proposed project
subject to review under this chapter. The applicant is free to combine
exhibits or otherwise consolidate the required information, so long
as all required information is clearly presented.
1.
Topographic base map. Topographic base map of the site, and extending
a minimum of 200 feet beyond the limits of the proposed development
at a scale of one inch equals two hundred (1" = 200') feet or
greater, showing two foot contour intervals. The map shall indicate
at least the following existing surface water drainage, marshlands,
outlines of woodland cover, existing man-made structures, roads, utilities,
bearing and distances of property lines and significant natural and
man-made features not otherwise shown.
2.
Vicinity map. Applicants must prepare a map at a scale of one inch
equals four hundred (1" = 400') feet or greater on a paper print
of the latest air photograph available from the County Planning Board,
updated in the field to reflect current conditions, showing the relationship
of the proposed development to significant features in the general
surroundings. The map must indicate at least the following: roads,
pedestrianways, access to site, adjacent land uses, existing open
space, public facilities, landmarks, places of architectural and historic
significance, utilities, drainage (including, specifically, streams
and other surface waters shown on Soil Conservation Service maps)
and other significant features not otherwise shown.
3.
Environmental site analysis. A written and graphic description of
the natural and man-made features of the site and its environs. This
description should include a discussion of soil conditions, slopes,
wetlands, vegetation and animal life on the site. Particular attention
should be given to unique or environmentally sensitive features and
to those that provide particular opportunities or constraints for
development.
4.
Project description and site plan(s). A map (or maps) at the scale
of the topographical base map indicating the location of proposed
buildings, roads, parking areas, utilities, structural facilities
for detaining or recharging stormwater and sediment control and other
permanent structures. The map(s) shall also clearly show areas where
alterations in the natural terrain, cover and grade are proposed,
proposed changes in natural cover, including lawns and other landscaping.
A written description of the site plan and justification of proposed
changes in natural conditions may also be provided.
5.
Water Detention Facilities Map for Nonresidential Applications. The
following information, illustrated on a map of the same scale as the
topographic base map, shall be included:
(a)
Total area to be paved or built upon, estimated land area to be occupied
by water detention facilities and the type of vegetation thereon and
details of the proposed plan to control and dispose of surface water.
(b)
Details of all water detention plans, 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.
(c)
Maximum discharge and total volume of runoff which would occur from
the project area without the improvement for the following storms:
b.
The municipal official or board reviewing an application under this
chapter may, in consultation with the Municipal Engineer, waive submission
of any of the above requirements when the information requested is
impossible to obtain or when it would work a hardship on the applicant
to obtain and where its absence will not materially affect the review
process.
[1966 Code § 75-7; Ord. No. 5-85]
a.
Responsibility for operation and maintenance of detention facilities,
including periodic removal and disposal of accumulated particulate
material and debris, shall remain with the owner or owners of the
property with permanent arrangements that it shall pass to any successive
owner, unless assumed by a governmental agency. If portions of the
land are to be sold, legally binding arrangements shall be made to
pass the basic responsibility to successors in title. These arrangements
shall designate for each project the property owner, governmental
agency or other legally established entity to be permanently responsible
for maintenance, hereinafter in this section referred to as the responsible
person.
b.
Prior to granting approval to any project subject to review under
this chapter, the applicant shall enter into an agreement with the
municipality to ensure the continued operation and maintenance of
the detention facility. This agreement shall be in a form satisfactory
to the Municipal Attorney and may include, but may not necessarily
be limited to, personal guaranties, deed restrictions, covenants and
bonds. In cases where property is subdivided and sold separately,
a homeowners' association or similar permanent entity should
be established as the responsible entity, absent an agreement by a
governmental agency to assume responsibility.
c.
In the event that the detention facility becomes a danger to public
safety or public health or if it is in need of maintenance, the municipality
shall notify in writing the responsible person. From that notice,
the responsible person shall have 14 days to affect such maintenance
and repair of the facility in a manner that is approved by the Municipal
Engineer or his designee. If the responsible person fails or refuses
to perform such maintenance and repair, the municipality may immediately
proceed to do so and shall bill the cost thereof to the responsible
person.
[1966 Code § 75-8; Ord. No. 5-85]
In addition to any fee due to the municipality as a result of
the applicant's underlying application for a municipal approval,
there shall be due to the municipality at the time of submission of
materials in support of this application a fee as follows: $150 for
each 10,000 square feet to be graded or developed as part of the project.
The purpose of this fee is to reimburse the municipality for the cost
of having its professional staff and consultant review the proposed
project.
[Ord. No. 24-2005 § II]
The purpose of this section is to establish a yard waste collection
and disposal program in the Borough of Bloomingdale so as to protect
public health, safety and welfare, and to prescribe penalties for
the failure to comply.
[Ord. No. 24-2005 § II]
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.
Shall mean the placement of yard waste in a trash can, bucket,
bag or other vessel, such as to prevent the yard waste from spilling
or blowing out into the street and coming into contact with stormwater.
Shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
Shall mean any street, avenue, boulevard, road, parkway,
viaduct, drive, or other way, which is an existing State, County,
or municipal roadway, and includes the land between the street lines,
whether improved or unimproved, and may comprise pavement, shoulders,
gutters, curbs, sidewalks, parking areas, and other areas within the
street lines.
Shall mean leaves.
[Ord. No. 24-2005 § II]
Sweeping, raking, blowing or otherwise placing yard waste that
is not containerized at the curb or along the street is only allowed
during the seven days prior to a scheduled and announced collection,
and shall not be placed closer than 10 feet from any storm drain inlet.
Placement of such yard waste at the curb or along the street at any
other time or in any other manner is a violation of this section.
If such placement of yard waste occurs, the party responsible for
placement of the yard waste must remove the yard waste from the street
or said party shall be deemed in violation of this section.
[Ord. No. 24-2005 § II]
The provisions of this section shall be enforced by the Police
Department of the Borough of Bloomingdale.
[Ord. No. 24-2005 § II]
Any person(s) who is found to be in violation of the provisions
of this section shall be subject to a fine not to exceed $500.
[Ord. No. 6-2006 §§ I—V]
a.
Purpose. The purpose of this subsection is to prohibit illicit connections
to the municipal separate storm sewer system operated by the Borough
of Bloomingdale, so as to protect public health, safety and welfare,
and to prescribe penalties for the failure to comply.
b.
DOMESTIC SEWAGE
ILLICIT CONNECTION
INDUSTRIAL WASTE
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
NJPDES PERMIT
NONCONTACT COOLING WATER
PERSON
PROCESS WASTEWATER
STORMWATER
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.
Shall mean waste and wastewater from humans or household
operations.
Shall mean any physical or nonphysical connection that discharges
domestic sewage, non-contact cooling water, process wastewater, or
other industrial waste (other than stormwater) to the municipal separate
storm sewer system operated by the Borough of Bloomingdale, 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.
Shall mean 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)).
Shall mean 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 Bloomingdale or other public body, and
is designed and used for collecting and conveying stormwater.
Shall mean 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.
Shall mean 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.
Non-contact cooling water may however contain algaecides, or biocides
to control fouling of equipment such as heat exchangers, and/or corrosion
inhibitors.
Shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
Shall mean 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 non-contact cooling water.
Shall mean 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.
c.
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 Bloomingdale any domestic sewage,
non-contact cooling water, process wastewater, or other industrial
waste (other than stormwater).
d.
Enforcement. This section shall be enforced by the Police Department
of the Borough of Bloomingdale.
e.
Penalties. Any person(s) who is found to be in violation of the provisions
of this section shall be subject to a fine not to exceed $500.
[Ord. No. 7-2006 §§ I—VI]
a.
Purpose. The purpose of this subsection is 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 Bloomingdale,
so as to protect public health, safety and welfare, and to prescribe
penalties for the failure to comply.
b.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
PERSON
STORMWATER
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.
Shall mean 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 Bloomingdale or other public body, and
is designed and used for collecting and conveying stormwater.
Shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
Shall mean 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.
c.
Prohibited Conduct. The spilling, dumping, or disposal of materials
other than stormwater to the municipal separate storm sewer system
operated by the Borough of Bloomingdale 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.
d.
Exceptions to Prohibition.
1.
Water line flushing and discharges from potable water sources.
2.
Uncontaminated ground water (e.g., infiltration, crawl space or basement
sump pumps, foundation or footing drains, rising ground waters).
3.
Air conditioning condensate (excluding contact and non-contact 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:
(a)
Beach maintenance equipment immediately following their use
for their intended purposes; and
(b)
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.
e.
Enforcement. This section shall be enforced by the Police Department
of the Borough of Bloomingdale.
f.
Penalties. Any person(s) who continues to be in violation of the
provisions of this section, after being duly notified, shall be subject
to a fine not to exceed $500.
[Ord. No. 6-2010 § 1]
The purpose of this section is to regulate the outdoor application
of fertilizer so as to reduce the overall amount of excess nutrients
entering waterways, thereby helping to protect and improve surface
water quality. This section does not apply to fertilizer application
on commercial farms.
[Ord. No. 6-2010 § 1]
Elevated levels of nutrients, particularly phosphorus, in surface
waterbodies can result in excessive and accelerated growth of algae
and aquatic plants (eutrophication). Excessive plant growth can result
in diurnal variations and extremes in dissolved oxygen and pH, which,
in turn, can be detrimental to aquatic life. As algae and plant materials
die off, the decay process creates a further demand on dissolved oxygen
levels. The presence of excessive plant matter can also restrict use
of the affected water for recreation and water supply. While healthy
vegetated areas are protective of water quality by stabilizing soil
and filtering precipitation, when fertilizers are applied to the land
surface improperly or in excess of the needs of target vegetation,
nutrients can be transported by means of stormwater to nearby waterways,
contributing to the problematic growth of excessive aquatic vegetation.
Most soils in New Jersey contain sufficient amounts of phosphorus
to support adequate root growth for established turf. Over time, it
is necessary to replenish available phosphorus, but generally not
at the levels commonly applied. Other target vegetation, such as vegetable
gardens and agricultural/horticultural plantings, will have a greater
need for phosphorous application, as will the repair or establishment
of new lawns or cover vegetation. A soils test and fertilizer application
recommendation geared to the soil and planting type is the best means
to determine the amount of nutrients to apply. Timing and placement
of fertilizer application is also critical to avoid transport of nutrients
of waterways through stormwater runoff. Fertilizer applied immediately
prior to runoff-producing rainfall, outside the growing season or
to impervious surfaces is not likely to be carried away by means of
runoff without accomplishing the desired objective of supporting target
vegetation growth. Therefore, the management of the type, amount and
techniques for fertilizer application is necessary as one tool to
protect resources. This section does not apply to application of fertilizer
on commercial farms, but improper application of fertilizer on farms
would be problematic as well. Stewardship on the part of commercial
farmers is needed to address this potential source of excess nutrient
load to waterbodies. Commercial farms are expected to implement best
management practices in accordance with conservation management plans
developed for the farm by the Natural Resource Conservation Service
and approved by the Soil Conservation District Board.
[Ord. No. 6-2010 § 1]
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.
Shall mean the land area, 10 feet in width, adjacent to any
waterbody. The governing body of the Borough of Bloomingdale finds
and declares that a 25 foot width buffer, contemplated by the model
ordinance, would be excessively restrictive within the Borough given
typical lot sizes. Accordingly, an additional requirement shall be
that a drip spreader is to be used for fertilizer application.
Shall mean a farm management unit producing agricultural
or horticultural products worth $2,500 or more annually.
Shall mean a fertilizer material, mixed fertilizer or any
other substance containing one or more recognized plant nutrients,
which is to be used for its plant nutrient content, which is designated
for use or claimed to have value in promoting plant growth, and which
is sold, offered for sale, or intended for sale.
Shall mean a surface that has been covered with a layer of
material so that it is highly resistant to infiltration by water.
This term shall be used to include any highway, street, sidewalk,
parking lot, driveway, or other material that prevents infiltration
of water into the soil.
Shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
Shall mean any fertilizer that contains phosphorus, expressed
as P205, with a guaranteed analysis of greater than zero; except that
it shall not be considered to include animal (including human) or
vegetable manures, agricultural liming materials, or wood ashes that
have not been amended to increase their nutrient content.
Shall mean a technical analysis of soil conducted by an accredited
soil-testing laboratory following the protocol for such a test established
by Rutgers Cooperative Research and Extension.
Shall mean a surface water feature, such as a lake, river,
stream, creek, pond, lagoon, bay or estuary.
[Ord. No. 6-2010 § 1]
No person may do any of the following:
a.
Apply fertilizer when a runoff producing rainfall is occurring or
predicted and/or when soils are saturated and a potential for fertilizer
movement off site exists.
b.
Apply fertilizer to an impervious surface. Fertilizer inadvertently
applied to an impervious surface must be swept or blown back into
the target surface or returned to either its original or another appropriate
container for reuse.
c.
Apply fertilizer more than 15 days prior to the start of or at any
time after the end of the recognized growing season, which is March
15 to October 31.
[Ord. No. 6-2010 § 1]
No person may do the following:
a.
Apply phosphorus fertilizer in outdoor areas except as demonstrated
to be needed for the specific soils and target vegetation in accordance
with a soils test and the associated annual fertilizer recommendation
issued by Rutgers Cooperative Research and Extension.
b.
Exceptions.
1.
Application of phosphorus fertilizer needed for: (a) establishing
vegetation for the first time, such as after land disturbance, provided
the application is in accordance with the requirements established
under the Soil Erosion and Sediment Control Act, N.J.S.A. 4:24-39
et seq. and implementing rules; or (b) re-established or repairing
a turf area.
2.
Application of phosphorus fertilizer that delivers liquid or granular
fertilizer under the soils surface, directly to the feeder roots.
3.
Application of phosphorus fertilizer to residential container plantings,
flowerbeds, or vegetable gardens.
[Ord. No. 6-2010 § 1]
This section shall be enforced by the Police Department of the
Borough of Bloomingdale.
[Ord. No. 6-2010 § 1]
Any person(s) who is found to be in violation of the provisions
of this section shall be subject to a fine not to exceed $500.
[Ord. No. 7-2010 § 1]
The purpose of this section 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 or on behalf
of the Borough of Bloomingdale so as to protect public health, safety
and welfare, and to prescribe penalties for the failure to comply.
[Ord. No. 7-2010 § 1]
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.
Shall mean 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 or on behalf of the Borough of Bloomingdale or other
public body, and is designed and used for collecting and conveying
stormwater.
Shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
Shall mean an opening in a storm drain used to collect stormwater
runoff and includes, but is not limited to, a grate inlet, curb-opening
inlet, slotted inlet, and combination inlet.
Shall mean the ocean and its estuaries, all springs, streams
and bodies of surface or groundwater, whether natural or artificial,
within the boundaries of the State of New Jersey or subject to its
jurisdiction.
[Ord. No. 7-2010 § 1]
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: (1) already meets the design standard below to control passage of solid and floatable materials; or (2) is retrofitted or replaced to meet the standard in subsection 31-13.4 below prior to the completion of the project.
[Ord. No. 7-2010 § 1]
Storm drain inlets identified in subsection 31-13.3 above shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets. For purposes of this paragraph, "solid and floatable materials" means sediment, debris, trash, and other floating, suspended, or settleable solids. For exemptions to this standard, see subsection 31-13.4c below.
a.
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:
1.
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
2.
A different grate, if each individual clear space in that grate has
an area of no more than seven (7.0) square inches, or is no greater
than 0.5 inches across the smallest dimension.
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 (7.0) square inches, or be no greater than two (2.0) 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.
[Ord. No. 7-2010 § 1]
This section shall be enforced by the Construction Department
of the Borough of Bloomingdale and/or the Municipal Engineer of the
Borough of Bloomingdale.
[Ord. No. 7-2010 § 1]
Any person(s) who is found to be in violation of the provisions
of this section shall be subject to a fine not to exceed $500 for
each storm drain inlet that is not retrofitted to meet the design
standard.
