Chapter 26, Stormwater Management Regulations, of the Revised General Ordinances sets forth the stormwater management requirements for major development. In accordance with N.J.A.C. 7:8-1.2, "major development" shall mean an individual development as well as multiple developments that individually or collectively result in (1) the disturbance of one or more acres of land since February 2, 2004; (2) the creation of 1/4 acre or more of regulated impervious surface since February 2, 2004; (3) the creation of 1/4 acre or more of regulated motor vehicle surface since March 2, 2021; or (4) 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 items (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.
A.
Lot grading. All property development shall be designed to provide
proper grading and erosion control, including the prevention of sedimentation
and/or damage to on-site and off-site property, as established herein.
1.
Lot grading standards and requirements are necessary to help control
drainage on a site or to channel that drainage to either naturally
occurring or constructed storm drainage systems in an approved manner.
2.
No land area shall be disturbed by any person or entity such that:
a.
The rate of stormwater runoff occurring at the area is increased
over what occurs prior to the disturbance.
b.
The drainage of adjacent areas is adversely affected.
c.
Soil erosion during and after development is increased over
what naturally occurs.
d.
Soil absorption and groundwater recharge capacity of the area
is decreased below what occurs there under existing conditions.
e.
The natural drainage pattern of the area is altered in a significantly
adverse manner.
B.
Grading permit required.
1.
A grading permit is required prior to land disturbance or construction.
This permit shall be considered a prior approval under the Uniform
Construction Code, and no construction permit application shall be
issued unless the applicant has obtained the required grading permit.
2.
Exemptions from requirement.
a.
Any development which has received site plan or subdivision
approval from the Planning Board or Zoning Board of Adjustment; provided,
however, that individual lots for one- or two-family dwellings included
within any approved subdivision shall not be exempt.
b.
Total land disturbance for any purpose and/or clearing of less
than 600 square feet, including temporary disturbance during construction
(provided that there are no environmentally sensitive areas, such
as but not limited to steep slopes, wetlands, streams or bodies of
water located in the area to be graded or disturbed).
c.
Any cumulative increase in impervious area of 300 square feet
or less. The cumulative increase shall represent a total increase
of impervious coverage measured against the existing impervious coverage
that is within a given property on the date of passage of this chapter.
3.
The City Engineer may waive the requirement for a permit and/or a
grading plan based on the specific land disturbance and site conditions.
4.
All properties exempt from a grading permit, or for which the City
Engineer grants a waiver, are subject to § 35-15.2A2.
C.
Grading plan preparation and contents.
1.
The lot grading and soil erosion control plan shall be prepared by
a land surveyor or professional engineer, architect or landscape architect
licensed by the State of New Jersey.
2.
The plan must detail how all requirements of § 35-15.2A2
will be met. If the site currently has a drainage problem, the plan
must also propose a method to address these existing conditions.
3.
Five copies of the plan shall be submitted to the City Engineer,
together with one copy of an application for a lot grading permit
(which application form shall be available through the Office of the
City Engineer) and the required fee. A copy of the application and
plan will be returned to the applicant once approved.
4.
The lot grading, soil erosion and sediment control plan shall contain
the following information:
a.
Date.
b.
North arrow; standard engineering scale, no smaller than one
inch equals 30 feet; block and lot number; and street address of the
subject property (or properties); name and address of record owner;
name, address, license number and seal of the person preparing the
plan.
c.
Complete lot boundary line information based on a current survey
prepared by a New Jersey licensed land surveyor.
d.
Building setback lines, lines of existing streets, easements
affecting the property and any areas dedicated to public use.
e.
A separate and complete existing conditions survey, including
but not limited to full topographic information and the location of
existing buildings and structures, if any, including walls, fences,
culverts and bridges. Structures to be removed shall be indicated
by dashed lines.
f.
Location of all existing and proposed storm drainage structures. The information shall include proposed methods of controlling foundation drains, sump pump discharges, and on-site stormwater, and may include grading, use of underground leaders to stormwater systems or dry wells, and other similar or related methods as detailed in § 35-15.2E.
g.
Spot elevations for slopes of 0% to 2%, and existing contours
at one-foot intervals where slopes are greater than 2% and less than
20%, and five-foot intervals where slopes are 20% or greater. Existing
contours shall be shown by dashed lines. The City Engineer may request
topographic information to be shown on adjoining properties for at
least five feet and must be shown in the adjacent gutter line of the
street for at least two feet.
h.
Proposed contours shall be shown by solid lines; all existing
contours shall be dashed. All changes in grade proposed on site must
be delineated on the grading plan.
i.
Location of existing rock outcroppings, high points, watercourses,
depressions, ponds, marshes, wooded areas and other significant natural
features.
j.
Driveways, roads, curbs, sidewalks and other paved areas, along
with the proposed use of land, buildings and other structures.
k.
Existing and proposed utility locations.
l.
Existing vegetation to remain and all areas to be seeded or
planted. Size and species of proposed trees, shrubs and other plant
material shall be indicated. All trees eight inches DBH (diameter
at 4.5 feet from ground) or greater shall be shown. Protection for
trees that are to remain must be shown.
m.
Silt fencing, hay bales, and such other soil conservation methods
as may be required shall be provided downstream of all areas of disturbance.
Soil conservation and sediment control measures shall conform to the
standards and specifications for soil erosion and sediment control
of the New Jersey State Soil Conservation Committee.
n.
Such other information as may be required by the City Engineer
in order to determine that the requirements of this section have been
met.
o.
Narrative describing the existing conditions, proposed improvements
and conditions resulting from the proposed work.
D.
Time for action and approval.
1.
The City Engineer shall review and approve, deny, or request revised
plans of the lot grading permit application within 30 days of the
date on which a complete application is submitted. Otherwise, the
application for a grading permit shall be deemed approved.
2.
An approval sheet, listing required inspections, shall be provided
back to the applicant, along with an approved plan and a copy of the
signed permit application form. All three documents are to be kept
on-site during construction at all times and must be provided if requested
by a representative of the Engineering Division.
E.
Drainage for minor development.
1.
All impervious area increases over 300 square feet shall be mitigated
using stormwater devices or methods provided in the New Jersey Stormwater
Best Management Practices Guide, as amended from time to time. Specifically,
the City shall require that three inches of rainwater be mitigated
over the increase in impervious area. The 300 square feet shall be
measured cumulatively and compared to the existing impervious coverage
on the property on the date of passage of this chapter, and previously
mitigated areas shall not be counted again.
2.
All drainage mitigation methods that include the percolation of stormwater
into soil shall require a percolation test or soil analysis including
the soil K value performed by a New Jersey licensed professional engineer
or an organization that is accredited for such services. The design
engineer must certify, in writing, under their respective license
and seal that the proposed design will meet the standard requirements
for the mitigation method given the provided percolation test or soil
analysis.
3.
When a percolation test or soil analysis renders any mitigation method
infeasible, a fee of $6 per square foot of increase in impervious
coverage shall be submitted to the City to be used towards stormwater
infrastructure work or the preservation of green space within City
limits.
F.
Grading permit fee. Each applicant for a grading permit under this
section shall submit an application fee payable to the City of Summit
in the amount of $400. For every revised plan submitted, an additional
review fee of $75 will be charged. The fee for the first revision
is waived. For applications that have had the plan requirement waived
by the City Engineer, the grading permit fee shall be $100. All application
and review fees for grading permits shall be used for the offsetting
of costs incurred by the Engineering Division.
G.
Construction requirements. The applicant shall construct or install
soil erosion and sediment control protective measures as required
by the City Engineer or by the Somerset-Union Soil Conservation District
prior to any site development work at the start of construction and
shall notify said regulatory entity for proper inspection.
1.
The applicant shall notify the City Engineer prior to commencing
construction and shall schedule inspections as indicated on the approval
sheet.
2.
The applicant shall grade the property and install any required control
measures as may be shown on the approved grading plan or as specified
in the grading permit, or both, and shall obtain final grading approval
from the City Engineer.
3.
All soil erosion and sediment control protective measures shall be
maintained operational throughout the project or until such time as
the City Engineer authorizes removal.
4.
The applicant shall be responsible to repair any damage made within
the City right-of-way, including, but not limited to, curb and asphalt
damaged caused by construction activities associated with the installation
of the proposed improvements.
5.
The applicant shall remove all excavated and excess soil from the
site and shall not use excess soils elsewhere on site unless otherwise
appropriately shown on the grading plan.
6.
The applicant is responsible to remedy any adverse drainage issues
on their property and/or neighboring property caused by the construction
of the proposed improvements.
H.
Enforcement officer. The requirements of this article shall be enforced
by the City Engineer, who shall inspect or require inspection of the
work.
1.
The City Engineer may order correction or modification of any conditions
found that were not as stated in the application, or any work that
does not conform to the approved grading plan or permit, or both,
and may refuse to approve further work unless and until satisfactory
corrections or modifications are in place or may invalidate the original
approval of the grading permit and application.
2.
The City Engineer shall notify the property owner, in writing, of
any such orders or refusals, with copies also provided to the Zoning
Officer and the Construction Official.
3.
The City Engineer may seek such other penalties as provided elsewhere
in the City Ordinances.
A.
Purpose and finding of fact.
1.
The purpose of this article is to provide for reasonable control
of development within the steep slope areas of the City in order to
minimize the adverse impact caused by the development of such areas,
including, but not limited to, erosion, siltation, flooding, surface
water runoff, and pollution of potable water supplies from point and
nonpoint sources.
2.
According to the Soil Conservation Service, United States Department
of Agriculture,[1] soils with a slope 15% or greater invariably involve severe
limitations to development, including, but not limited to, building
and road construction and septic effluent disposal. It is hereby found
that the removal of vegetation, disturbance of the soil and the construction
of buildings and structures in steep slope areas of the City may increase
surface water runoff; soil erosion and siltation with the resultant
pollution of streams, as well as the potential danger of flooding
and water drainage, thereby having the potential of endangering public
and private property and life. Summit's location within both the Passaic
River basin and the Rahway River basin areas requires extra care when
dealing with water resource issues.
[1]
Editor's Note: Now the Natural Resources Conservation Service
of the United States Department of Agriculture.
3.
The disturbance of soil and construction and development on steep
slopes create an additional hazard to the lives and property of those
dwelling on the slopes and below them. The most appropriate method
of alleviating such conditions is through the regulation of such vegetation
and soil disturbances, construction and development.
4.
Therefore, it is determined that the special and paramount public
interest in these slopes justifies the regulation of property located
thereon as provided below, which is the exercise of the police power
by the City for the protection of persons and the property of its
inhabitants and for the preservation of the public health, safety
and general welfare.
5.
It is recognized that there is a strong relationship between the
integrity of the City and the region's water resources and the development
on steep slopes, tree removal, soil disturbance, stormwater management
and the general use of land resources. Therefore, the appropriate
management of these resources is an important health, safety and general
welfare concern.
B.
Applicability.
1.
Applicants for site plan or subdivision approval shall submit all
information required under this article to the appropriate reviewing
authority which shall not approve the application unless the approval
requirements of this article are met.
2.
Whenever development is proposed in any steep slope area, applicants
for permits, including the construction of buildings, walls, driveways
or other structures or the clearing of land, shall submit a grading
permit application with the information required in this chapter and
within the Grading, Drainage and Soil Erosion and Sediment Control
Ordinance, to the City Engineer to ensure that the proposed development
of the lot will respect the natural features of the tract and minimize
adverse impacts associated with such clearing and/or construction.
3.
Applicants to the Land Use Boards for subdivision or site plan review
shall submit information required in this article as the approving
authority can render a decision concerning the land's suitability
to accommodate the proposed project without negatively impacting the
community health or welfare. The approving authority shall use this
information to evaluate the appropriateness of the project.
C.
Steep slope identification and criteria for review.
1.
All applications for subdivision, site plan approval or for a permit
for construction, grading or clearing of any lot shall be evaluated
by the applicant for the presence of steep slopes as defined herein.
Each proposed or existing lot shall be evaluated to determine the
presence of steep slopes 15% or greater.
a.
The slopes shall be identified on a plan showing existing and
proposed topographic information at a scale required as per site plan
or subdivision submission requirements or as per the Grading, Drainage,
Soil Erosion and Sediment Control Ordinance where applicable.
2.
Disturbance of slopes is limited by this chapter and may only be
permitted where it can be shown to the satisfaction of the applicable
board or the administrative officer that:
a.
Proposed excavation, removal, depositing or disturbance of soil
shall be for purposes consistent with the intention of this section
and shall be executed in a manner that will not cause excessive erosion
or other unstable conditions.
b.
Provision shall be made for the proper disposition of surface
water runoff so that it will not create unstable conditions. Appropriate
storm drainage facilities shall be constructed as required and as
adequate protective measures for downstream properties.
c.
Provision shall be made for any structures or protective measures
that may be required for the protection of the public safety, including
but not limited to retaining walls, headwalls and fences.
d.
Any proposed building, structure or protective measures will
not impede the flow of surface waters through any stream corridor
or cause an increase in flood heights or velocities.
e.
Any proposed vehicular facilities, including roads, drives or
parking areas, shall be so designed that any land disturbance shall
not cause excessive erosion. Both vertical and horizontal alignment
of vehicular facilities shall be so designed that hazardous circulation
conditions will not be created.
f.
Steep slope areas, where possible, should be avoided through
the use of cluster subdivision or alternative placement of structures
or vehicular facilities.
g.
Areas of disturbance shall comply with Chapter 29, Protection of Trees, in the Revised General Ordinances.
h.
Proposed finished grades shall not exceed 3:1.
i.
Water resources, including quality and quantity, shall be evaluated
to avoid degradation of resources.
D.
Steep slope disturbance application contents. Where application for
a permit is being made in conjunction with this chapter, the following
shall be required:
1.
A legibly drawn plan, at a scale no smaller than one inch equals
30 feet and no larger than one inch equals 10 feet, shall be submitted
by a New Jersey licensed engineer, land surveyor or architect which
provides sufficient on-site detail to evaluate the proposed development.
2.
The steep slope disturbance plan shall contain, at a minimum, the
following items:
a.
Existing and proposed topographic information using one or two-foot
contour intervals for all steep slopes as defined above and within
all areas contemplated for clearing and/or construction as described
above. Topographic information can only be supplied by a licensed
land surveyor registered in the State of New Jersey.
b.
Existing and proposed drainage patterns up to 100 feet of the
proposed lot under development or as needed to properly determine
any impacts to neighboring properties.
c.
Location of existing and/or proposed well and septic systems.
d.
Details concerning architectural design and how the proposed
construction will relate to, complement and minimize adverse impacts
upon the existing natural features of the lot.
e.
Location of all trees in excess of eight inches in diameter.
f.
Soil types contained on the lot with specific reference to highly
erodible soils as defined by the United States Department of Agriculture
Natural Resources Conservation Service.
g.
All impervious areas, including driveway locations, paved areas
and details.
h.
Other information required by the administrative officer, Land
Use Board or City Engineer to make a determination concerning suitability.
E.
Steep slope disturbance application procedures.
1.
Prior to the issuance of a permit for any structure or the disturbance
of any soil or vegetation within any steep slope area (including temporary
disturbance for construction access) as herein defined, an applicant
for permit shall submit a grading permit application to the City Engineer
for its review and approval.
2.
Applicants for site plan or subdivision approval involving the disturbance of steep slopes shall submit information regarding steep slope conditions required as per § 35-16.1D to the appropriate reviewing authority as part of the required submission which shall be examined within the appropriate site plan or subdivision review context. Requests for permitted disturbance of steep slopes shall not be approved unless the requirements of § 35-16.1F below have been met.
F.
Limit of disturbance.
1.
The platting of any parcel for subdivision or the siting of any structure
or grading for site plan approval or construction permit shall avoid
disturbance of slopes 15% or greater. The placement of lots or structures
that would necessitate or be likely to cause future disturbance of
such areas shall also be avoided.
2.
Where proposed lots to be platted for subdivision contain steep slopes,
each lot shall contain at least 25% of its area in a non-steep-slope
condition to avoid excessive erosion, vegetation clearance, and degradation
of water resources while ensuring the proper placement of housing
and associated uses.
3.
The siting of any structure for site plan approval, grading permit
or construction permit shall provide a minimum distance of 10 feet
from the foundation of any structure to the steep slope area as defined
in the chapter. The Schedule of Space Regulations must also be met.[2]
[2]
Editor's Note: The Schedule of Space Regulations, Appendix C, is included as an attachment to this chapter.
G.
Variance required. Disturbance of steep slope areas as indicated in § 35-16.1F, Limit of disturbance, shall require a variance. Applications for variances from these standards shall be submitted to the Zoning Board of Adjustment for all developments except those developments that otherwise require Planning Board approval of a subdivision, site plan or conditional use.
H.
Minor steep slope areas.
1.
The administrative officer may disregard steep slope areas that are
cumulatively less than 1,000 square feet in size if in their assessment
of the total disturbed area where such action would be in the interest
of good planning, not seriously impair the purposes of this chapter
and would otherwise result in practical difficulties to the applicant.
2.
Where, however, the administrative officer finds the area to be significant
and of such size so as to constitute a substantial contiguous area
to a steep slope, or finds that the impact of disturbing the steep
slope may have a negative effect on an adjoining property, the reviewing
authority may consider them significant and subject to regulation
under this chapter. In such case, the area will be considered disturbance
of a steep slope area.
3.
The administrative officer may disregard a steep slope area that
is less than 2,500 square feet in size for the sole purpose of installing
solar panels and/or a geothermal system, in a previously disturbed
steep slope area such as grass or landscaping areas. This relief does
not apply to steep slopes in natural wooded areas.
4.
The administrative officer may disregard a steep slope area that
is less than 2,500 square feet in size if the disturbance is for the
purpose of replacing existing lawn areas or landscaping areas or performing
maintenance work in these areas. The disturbance shall be in the interest
of good planning, not change any existing drainage patterns, not seriously
impair the purposes of this chapter and would otherwise result in
practical difficulties to the applicant.
5.
The applicable board or administrative officer may disregard a steep
slope that is being impacted for the purposes of construction access
and/or utility installation only where no trees and/or vegetation
are being removed or disturbed.
I.
Time for decision.
1.
Where the request for steep slope disturbances is part of a site
plan, subdivision or variance application, the time periods regulating
those applications shall apply.
2.
Where the request for steep slope disturbance is part of a permit
application that does not require site plan or subdivision approval,
the administrative officer shall approve, approve with conditions
or deny an application for a steep slope disturbance approval within
30 days from the date of submission of a completed application.
J.
Appeals to the Zoning Board of Adjustment. Appeals of the decision
of the administrative officer may be taken by the applicant to the
Zoning Board of Adjustment within 20 days of the date of such decision
by filing a notice of appeal with the administrative officer, specifying
the grounds of such appeal and the appropriate fee for review and
processing. The administrative officer shall immediately transmit
to the Board the grading plan and all related documents upon which
its decision was based. The Zoning Board of Adjustment shall render
a decision within 120 days after receipt of the aforementioned documents
from the administrative officer, or within such further time as may
be consented to by the appellant.
The New Jersey Department of Environmental Protection (NJDEP)
has exclusive control over regulated activities within freshwater
wetlands as defined in the New Jersey Freshwater Wetlands Protection
Act, N.J.S.A. 13:9B-1 et seq. The purpose of these regulations is
to coordinate municipal development review procedures with the wetlands
regulations of NJDEP.
A.
Documentation. All freshwater wetlands, and all wetland transition
areas required pursuant to N.J.A.C. 7:7A-1 et seq., or any successor
regulations, shall be clearly shown on all subdivisions, site plans,
lot grading plans, and/or other development plans submitted to the
City for any development approval. Whenever it has been confirmed
that no wetlands or wetland transition areas are present on a site,
a note to that effect shall be shown on the plans for development.
B.
NJDEP file identification number. Whenever on-site freshwater wetlands
and/or wetland transition areas have been verified by NJDEP through
the issuance of a letter of interpretation (LOI), all subdivision,
site plans, lot grading plans, and/or other plans submitted to the
City for any development approval shall include therein the wetlands
line file identification number assigned by NJDEP in connection with
the issuance of an LOI for the property.
C.
Disturbance fencing. To prevent encroachment into freshwater wetlands
and wetland transition areas, the developer of any approved subdivision,
site plan, lot grading plan or other development plan shall install
disturbance fencing in accordance with the requirements of the NJDEP
and the Union County Soil Conservation District before the commencement
of any land disturbance or construction adjacent to any freshwater
wetlands and/or wetland transition area.
D.
Silt fencing. Prior to the commencement of any land disturbance or
construction, the developer of any approved subdivision, site plan,
lot grading plan, or other development plan shall install silt fencing
and/or hay bales downstream of any disturbance area adjacent to freshwater
wetlands and/or wetland transition areas in accordance with the requirements
of the NJDEP and the Somerset-Union County Soil Conservation District.
E.
Proof of recording of deed restriction. Prior to the signing of any
approved minor subdivision plat or deed description, final major subdivision
plat, or final site plan drawings, the applicant shall submit to the
secretary of the reviewing board proof that any deed restrictions
required by the NJDEP in connection with transition area averaging
or other transition area modifications associated with the approved
subdivision or site plan have been duly recorded in the land records
of the Clerk of Union County.
F.
Recording notice of wetland limits. As a condition of approval of
any application for development of any lot containing freshwater wetlands
and/or wetland transition areas, the applicant shall be required to
record in the land records of the Clerk of Union County a mapped description
of the limits of such freshwater wetlands and/or wetland transition
areas, together with a bold print notice that no land disturbance
or other activities may be undertaken therein without the obtaining
of all necessary prior approvals from the NJDEP.
G.
Waiver for improvements to existing single-family dwellings. Whenever
any variance or grading permit is sought for any addition to or modification
of any existing single-family dwelling and/or the lot on which it
is located, the Board of Adjustment, when acting on a variance, and
the City Engineer, when acting on a grading permit, may waive the
requirements of Subsections A, B, and/or F of this section (to the
extent they are applicable) when it is reasonably clear to the reviewing
authority that there exist no on-site wetlands and/or wetland transition
areas, or that any on-site wetlands and/or wetland transition areas
are remote from the areas of proposed development and/or disturbance.
Nothing herein shall authorize or permit any unlawful disturbance
of or activities within freshwater wetlands and/or wetland transition
areas.
Application for a building permit for any proposed development on land lying within Floodplain Zone A, Special Flood Hazard Area, as shown on the current Department of Housing and Urban Development, Federal Insurance Administration Flood Hazard Boundary Maps for the City of Summit, shall be first reviewed by the Planning Board under the provisions of this Chapter 35, and all standards, procedures and requirements therein set forth shall be complied with to the extent applicable to construction or other improvements in a floodplain area having special flood hazards.
