It is hereby found that uncontrolled stormwater runoff and flooding
endanger life and damage, public and private property, that this condition
is aggravated by encroachments in the floodplain which contributes
to the condition by decreasing flood storage volume and that the most
appropriate method of alleviating such condition is through regulation
of development and encroachments. It is therefore determined that
the special and paramount public interest in the flood plain justifies
the regulation of land use located in the flood plain and regulation
of storm drainage for the entire municipal area as provided in this
Article, which is in the exercise of the police power of the municipality
for the protection of the persons and property of its inhabitants
and for the preservation of the health, safety and general welfare.
[Ord. No. 06-05, Ord. No. 01-06; amended in entirety 3-2-2021 by Ord. No. 03-2021]
[Amended 3-2-2021 by Ord.
No. 03-2021]
a.
Policy Statement. Flood control, groundwater recharge, and pollutant
redu A rectangular space four and ction shall be achieved through
the use of stormwater management measures, including green infrastructure
Best Management Practices (GI BMPs) and nonstructural stormwater management
strategies. GI BMPs and low impact development (LID) should be utilized
to meet the goal of maintaining natural hydrology to reduce stormwater
runoff volume, reduce erosion, encourage infiltration and groundwater
recharge, and reduce pollution. GI BMPs and LID should be developed
based upon physical site conditions and the origin, nature and the
anticipated quantity, or amount, of potential pollutants. Multiple
stormwater management BMPs may be necessary to achieve the established
performance standards for water quality, quantity, and groundwater
recharge.
b.
Purpose. The purpose of this section is to establish minimum stormwater management requirements and controls for "major development," and "non-major development," as defined below in § 17-39.2.
c.
Applicability.
(2)
This section shall also be applicable to all major developments
undertaken by the Borough of Mount Arlington.
(3)
This section shall be applicable to "non-major development" that is subject to review by the Mount Arlington Borough Land Use Board pursuant to the requirements of the New Jersey Municipal Land Use Law and activities that require a grading permit in accordance with the ordinances of the Borough. This section will apply to the developments identified in § 17-39.1c(3) as further noted herein.
d.
Compatibility with other permit and ordinance requirements. Development
approvals issued pursuant to this ordinance are to be considered an
integral part of development approvals and do not relieve the applicant
of the responsibility to secure required permits or approvals for
activities regulated by any other applicable code, rule, act, or ordinance.
In their interpretation and application, the provisions of this section
shall be held to be the minimum requirements for the promotion of
the public health, safety, and general welfare.
This section is not intended to interfere with, abrogate, or
annul any other ordinances, rule or regulation, statute, or other
provision of law except that, where any provision of this section
imposes restrictions different from those imposed by any other ordinance,
rule or regulation, or other provision of law, the more restrictive
provisions or higher standards shall control.
[Amended 3-2-2021 by Ord.
No. 03-2021]
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 the corresponding definitions in the Stormwater Management
Rules at N.J.A.C. 7:8-1.2.
Those areas with boundaries incorporated by reference or
revised by the Department in accordance with N.J.A.C. 7:7-13.16.
The map used by the Department to identify the location of
Coastal Planning Areas, CAFRA centers, CAFRA cores, and CAFRA nodes.
The CAFRA Planning Map is available on the Department's Geographic
Information System (GIS).
An infiltration system, sand filter designed to infiltrate,
standard constructed wetland, or wet pond, established in accordance
with N.J.A.C. 7:8-4.2(c)14, that is designed and constructed in accordance
with the New Jersey Stormwater Best Management Practices Manual, or
an alternate design, approved in accordance with N.J.A.C. 7:8-5.2(g),
for an infiltration system, sand filter designed to infiltrate, standard
constructed wetland, or wet pond and that complies with the requirements
of this section.
The increase in soil bulk density.
The area from which stormwater runoff drains to a stormwater
management measure, not including the area of the stormwater management
measure itself.
A pedestrian-oriented area of commercial and civic uses serving
the surrounding municipality, generally including housing and access
to public transportation.
An agency designated by the County Board of Chosen Freeholders
to review municipal stormwater management plans and implementing ordinance(s).
The county review agency may either be:
The Department of Environmental Protection.
A person professionally qualified and duly licensed in New
Jersey to perform engineering services that may include, but not necessarily
be limited to, development of project requirements, creation and development
of project design and preparation of drawings and specifications.
A State Development and Redevelopment Plan Center as designated
by the State Planning Commission such as urban, regional, town, village,
or hamlet.
The division of a parcel of land into two or more parcels,
the construction, reconstruction, conversion, structural alteration,
relocation or enlargement of any building or structure, any mining
excavation or landfill, and any use or change in the use of any building
or other structure, or land or extension of use of land, for which
permission is required under the Municipal Land Use Law, N.J.S.A.
40:55D-1 et seq.
In the case of development of agricultural land, development
means: any activity that requires a State permit, any activity reviewed
by the County Agricultural Board (CAB) and the State Agricultural
Development Committee (SADC), and municipal review of any activity
not exempted by the Right to Farm Act, N.J.S.A. 4:1C-1 et seq.
The placement or reconstruction of impervious surface or
motor vehicle surface, or exposure and/or movement of soil or bedrock
or clearing, cutting, or removing of vegetation. Milling and repaving
is not considered disturbance for the purposes of this definition.
A geographic area within which stormwater, sediments, or
dissolved materials drain to a particular receiving waterbody or to
a particular point along a receiving waterbody.
Neighborhoods designated by the Urban Coordinating Council
"in consultation and conjunction with" the New Jersey Redevelopment
Authority pursuant to N.J.S.A. 55:19-69.
The following areas where the physical alteration of the
land is in some way restricted, either through regulation, easement,
deed restriction or ownership such as: wetlands, floodplains, threatened
and endangered species sites or designated habitats, and parks and
preserves. Habitats of endangered or threatened species are identified
using the Department's Landscape Project as approved by the Department's
Endangered and Nongame Species Program.
An area or feature which is of significant environmental
value, including but not limited to: stream corridors, natural heritage
priority sites, habitats of endangered or threatened species, large
areas of contiguous open space or upland forest, steep slopes, and
well head protection and groundwater recharge areas. Habitats of endangered
or threatened species are identified using the Department's Landscape
Project as approved by the Department's Endangered and Nongame Species
Program.
The detachment and movement of soil or rock fragments by
water, wind, ice, or gravity.
A stormwater management measure that manages stormwater close
to its source by:
An area within which water drains to a particular receiving
surface water body, also known as a subwatershed, which is identified
by a 14-digit hydrologic unit boundary designation, delineated within
New Jersey by the United States Geological Survey.
A surface that has been covered with a layer of material
so that it is highly resistant to infiltration by water.
The process by which water seeps into the soil from precipitation.
One or more public entities having stormwater management
planning authority designated by the regional stormwater management
planning committee pursuant to N.J.A.C. 7:8-3.2, that serves as the
primary representative of the committee.
An individual "development," as well as multiple developments
that individually or collectively result in:
The disturbance of one or more acres of land since February
2, 2004;
The creation of one-quarter acre or more of "regulated impervious
surface" since February 2, 2004;
The creation of one-quarter acre or more of "regulated motor
vehicle surface" since March 2, 2021; or
A combination of paragraphs b and c above that totals an area
of one-quarter acre or more. The same surface shall not be counted
twice when determining if the combination area equals one-quarter
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 paragraphs a, b, c or d 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."
|
Land vehicles propelled other than by muscular power, such
as automobiles, motorcycles, autocycles, and low speed vehicles. For
the purposes of this definition, motor vehicle does not include farm
equipment, snowmobiles, all-terrain vehicles, motorized wheelchairs,
go-carts, gas buggies, golf carts, ski-slope grooming machines, or
vehicles that run only on rails or tracks.
Any pervious or impervious surface that is intended to be
used by "motor vehicles" and/or aircraft, and is directly exposed
to precipitation including, but not limited to, driveways, parking
areas, parking garages, roads, racetracks, and runways.
Any city, borough, town, township, or village.
The manual maintained by the Department providing, in part, design specifications, removal rates, calculation methods, and soil testing procedures approved by the Department as being capable of contributing to the achievement of the stormwater management standards specified in this chapter. The BMP Manual is periodically amended by the Department as necessary to provide design specifications on additional best management practices and new information on already included practices reflecting the best available current information regarding the particular practice and the Department's determination as to the ability of that best management practice to contribute to compliance with the standards contained in this chapter. Alternative stormwater management measures, removal rates, or calculation methods may be utilized, subject to any limitations specified in this chapter, provided the design engineer demonstrates to the municipality, in accordance with § 17-39.4f and N.J.A.C. 7:8-5.2(g), that the proposed measure and its design will contribute to achievement of the design and performance standards established by this chapter.
An area designated by the State Planning Commission concentrating
facilities and activities which are not organized in a compact form.
Development that does not meet the definition of "major development,
but is subject to review by the Mount Arlington Borough Land Use Board
pursuant to the requirements of the New Jersey Municipal Land Use
Law and/or activities that require a grading permit in accordance
with the ordinances of the Borough only if the proposed disturbance
is in excess of 500 square feet.
A chemical element or compound, such as nitrogen or phosphorus,
which is essential to and promotes the development of organisms.
Any individual, corporation, company, partnership, firm,
association, political subdivision of this State and any state, interstate
or Federal agency.
Any dredged spoil, solid waste, incinerator residue, filter
backwash, sewage, garbage, refuse, oil, grease, sewage sludge, munitions,
chemical wastes, biological materials, medical wastes, radioactive
substance (except those regulated under the Atomic Energy Act of 1954,
as amended (42 U.S.C. §§ 2011 et seq.)), thermal waste,
wrecked or discarded equipment, rock, sand, cellar dirt, industrial,
municipal, agricultural, and construction waste or runoff, or other
residue discharged directly or indirectly to the land, ground waters
or surface waters of the State, or to a domestic treatment works.
"Pollutant" includes both hazardous and nonhazardous pollutants.
The amount of water from precipitation that infiltrates into
the ground and is not evapotranspired.
Any of the following, alone or in combination:
A net increase of impervious surface;
The total area of impervious surface collected by a new stormwater
conveyance system (for the purpose of this definition, a "new stormwater
conveyance system" is a stormwater conveyance system that is constructed
where one did not exist immediately prior to its construction or an
existing system for which a new discharge location is created);
The total area of impervious surface proposed to be newly collected
by an existing stormwater conveyance system; and/or
The total area of impervious surface collected by an existing
stormwater conveyance system where the capacity of that conveyance
system is increased.
Any of the following, alone or in combination:
The total area of motor vehicle surface that is currently receiving
water;
A net increase in motor vehicle surface; and/or quality treatment
either by vegetation or soil, by an existing stormwater management
measure, or by treatment at a wastewater treatment plant, where the
water quality treatment will be modified or removed.
Solid material, mineral or organic, that is in suspension,
is being transported, or has been moved from its site of origin by
air, water or gravity as a product of erosion.
The lot or lots upon which a major development is to occur
or has occurred.
All unconsolidated mineral and organic material of any origin.
An area delineated on the State Plan Policy Map and adopted
by the State Planning Commission that is intended to be the focus
for much of the State's future redevelopment and revitalization efforts.
The geographic application of the State Development and Redevelopment
Plan's goals and statewide policies, and the official map of these
goals and policies.
Water resulting from precipitation (including rain and snow)
that runs off the land's surface, is transmitted to the subsurface,
or is captured by separate storm sewers or other sewage or drainage
facilities, or conveyed by snow removal equipment.
An excavation or embankment and related areas designed to
retain stormwater runoff. A stormwater management BMP may either be
normally dry (that is, a detention basin or infiltration system),
retain water in a permanent pool (a retention basin), or be planted
mainly with wetland vegetation (most constructed stormwater wetlands).
Any practice, technology, process, program, or other method
intended to control or reduce stormwater runoff and associated pollutants,
or to induce or control the infiltration or groundwater recharge of
stormwater or to eliminate illicit or illegal non-stormwater discharges
into stormwater conveyances.
A public body authorized by legislation to prepare stormwater
management plans.
The geographic area for which a stormwater management planning
agency is authorized to prepare stormwater management plans, or a
specific portion of that area identified in a stormwater management
plan prepared by that agency.
Water flow on the surface of the ground or in storm sewers,
resulting from precipitation.
A flood hazard area in which the flood elevation resulting
from the two-, ten-, or 100-year storm, as applicable, is governed
by tidal flooding from the Atlantic Ocean. Flooding in a tidal flood
hazard area may be contributed to, or influenced by, stormwater runoff
from inland areas, but the depth of flooding generated by the tidal
rise and fall of the Atlantic Ocean is greater than flooding from
any fluvial sources. In some situations, depending upon the extent
of the storm surge from a particular storm event, a flood hazard area
may be tidal in the 100-year storm, but fluvial in more frequent storm
events.
A neighborhood given priority access to State resources through
the New Jersey Redevelopment Authority.
A zone designated by the New Jersey Enterprise Zone Authority
pursuant to the New Jersey Urban Enterprise Zones Act, N.J.S.A. 52:27H-60
et. seq.
Previously developed portions of areas:
A structure within, or adjacent to, a water, which intentionally
or coincidentally alters the hydraulic capacity, the flood elevation
resulting from the two-, ten-, or 100-year storm, flood hazard area
limit, and/or floodway limit of the water. Examples of a water control
structure may include a bridge, culvert, dam, embankment, ford (if
above grade), retaining wall, and weir.
The ocean and its estuaries, all springs, streams, wetlands,
and bodies of surface or groundwater, whether natural or artificial,
within the boundaries of the State of New Jersey or subject to its
jurisdiction.
An area that is inundated or saturated by surface water or
ground water at a frequency and duration sufficient to support, and
that under normal circumstances does support, a prevalence of vegetation
typically adapted for life in saturated soil conditions, commonly
known as hydrophytic vegetation.
[Amended 3-2-2021 by Ord.
No. 03-2021]
a.
Stormwater management measures for major development and applicable
non-major development shall be designed to provide erosion control,
groundwater recharge, stormwater runoff quantity control, and stormwater
runoff quality treatment as follows:
(1)
The minimum standards for erosion control are those established
under the Soil and Sediment Control Act, N.J.S.A. 4:24-39 et seq.,
and implementing rules at N.J.A.C. 2:90, even if the proposed soil
disturbance is less than 5,000 square feet, but larger than 500 square
feet.
(2)
The minimum standards for groundwater recharge, stormwater quality,
and stormwater runoff quantity shall be met by incorporating green
infrastructure.
b.
The standards in this ordinance apply only to new major development
and new non-major development and are intended to minimize the impact
of stormwater runoff on water quality and water quantity in receiving
water bodies and maintain groundwater recharge. The standards do not
apply to new major development and new non-major development to the
extent that alternative design and performance standards are applicable
under a regional stormwater management plan or Water Quality Management
Plan adopted in accordance with Department rules.
c.
New non-major development is required to address the increased stormwater
runoff associated with the proposed increased impervious surface greater
than 500 square feet. The preferred methods of addressing this added
stormwater runoff will be through green infrastructure systems, with
secondary techniques being direct infiltration via trench type systems
or dry wells. These systems shall be sized to accommodate the 1.25"
two-hour rain event over an area the size the proposed new impervious
surface. The green infrastructure and infiltration practices of this
section shall be followed to the extent practical and as approved
by the Borough/Land Use Board Engineer. Only "clean" runoff from roofs,
patios, sidewalks and vegetated areas shall be directly recharged.
The stormwater quantity, quality and recharge requirement for "non-major
development" will be to detain and infiltrate the noted storm event.
[Amended 3-2-2021 by Ord.
No. 03-2021]
a.
The development shall incorporate a maintenance plan for the stormwater management measures incorporated into the design of a major development or non-major development in accordance with § 17-39.10.
b.
Stormwater management measures shall avoid adverse impacts of concentrated
flow on habitat for threatened and endangered species as documented
in the Department's Landscape Project or Natural Heritage Database
established under N.J.S.A. 13:1B-15.147 through 15.150, particularly
Helonias bullata (swamp pink) and/or Clemmys muhlnebergi (bog turtle).
c.
The following linear development projects are exempt from the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity requirements of § 17-39.4p, q and r:
(1)
The construction of an underground utility line provided that
the disturbed areas are revegetated upon completion;
(2)
The construction of an aboveground utility line provided that
the existing conditions are maintained to the maximum extent practicable;
and
(3)
The construction of a public pedestrian access, such as a sidewalk
or trail with a maximum width of 14 feet, provided that the access
is made of permeable material.
d.
A waiver from strict compliance from the green infrastructure, groundwater recharge, stormwater runoff quality, and stormwater runoff quantity requirements of § 17-39.4o, p, q, and r may be obtained for the enlargement of an existing public roadway or railroad; or the construction or enlargement of a public pedestrian access, provided that the following conditions are met:
(1)
The applicant demonstrates that there is a public need for the
project that cannot be accomplished by any other means;
(4)
The applicant demonstrates that it does not own or have other rights to areas, including the potential to obtain through condemnation lands not falling under § 17-39.4d(3) above within the upstream drainage area of the receiving stream, that would provide additional opportunities to mitigate the requirements of Section 17-39.4o, p, q, and r that were not achievable onsite.
e.
Tables 1 through 3 below summarize the ability of stormwater best management practices identified and described in the New Jersey Stormwater Best Management Practices Manual to satisfy the green infrastructure, groundwater recharge, stormwater runoff quality and stormwater runoff quantity standards specified in § 17-39.4o, p, q, and r. When designed in accordance with the most current version of the New Jersey Stormwater Best Management Practices Manual, the stormwater management measures found at N.J.A.C. 7:8-5.2(f) Tables 5-1, 5-2 and 5-3 and listed below in Tables 1, 2 and 3 are presumed to be capable of providing stormwater controls for the design and performance standards as outlined in the tables below. Upon amendments of the New Jersey Stormwater Best Management Practices to reflect additions or deletions of BMPs meeting these standards, or changes in the presumed performance of BMPs designed in accordance with the New Jersey Stormwater BMP Manual, the Department shall publish in the New Jersey Registers a notice of administrative change revising the applicable table. The most current version of the BMP Manual can be found on the Department's website at: https://njstormwater.org/bmp_manual2.htm.
f.
Where the BMP tables in the NJ Stormwater Management Rule are different
due to updates or amendments with the tables in this section the BMP
Tables in the Stormwater Management rule at N.J.A.C. 7:8-5.2(f) shall
take precedence.
|
Table 1
| ||||
|---|---|---|---|---|
|
Green Infrastructure BMPs for Groundwater Recharge, Stormwater
Runoff Quality and/or Stormwater Runoff Quantity
| ||||
|
Best Management Practice
|
Stormwater Runoff Quality TSS Removal Rate
(percent)
|
Stormwater Runoff Quantity
|
Groundwater Recharge
|
Minimum Separation from Seasonal High-Water Table
(feet)
|
|
Cistern
|
0
|
Yes
|
No
|
—
|
|
Dry well(a)
|
0
|
No
|
Yes
|
2
|
|
Grass swale
|
50 or less
|
No
|
No
|
2(e)
1(f)
|
|
Green roof
|
0
|
Yes
|
No
|
—
|
|
Manufactured treatment device(a)(g)
|
50 or 80
|
No
|
No
|
Dependent upon the device
|
|
Pervious paving system(a)
|
80
|
Yes
|
Yes(b)
No(c)
|
2(b)
1(c)
|
|
Small-scale bioretention basin(a)
|
80 or 90
|
Yes
|
Yes(b)
No(c)
|
2(b)
1(c)
|
|
Small-scale infiltration basin(a)
|
80
|
Yes
|
Yes
|
2
|
|
Small-scale sand filter
|
80
|
Yes
|
Yes
|
2
|
|
Vegetative filter strip
|
60-80
|
No
|
No
|
—
|
|
(Notes corresponding to annotations (a)through(g) are found after Table 3)
|
|
Table 2
| ||||
|---|---|---|---|---|
|
Green Infrastructure BMPs for Stormwater Runoff Quantity
(or for Groundwater Recharge and/or Stormwater Runoff Quality
with a Waiver or Variance from N.J.A.C. 7:8-5.3)
| ||||
|
Best Management Practice
|
Stormwater Runoff Quality TSS Removal Rate
(percent)
|
Stormwater Runoff Quantity
|
Groundwater Recharge
|
Minimum Separation from Seasonal High-Water Table
(feet)
|
|
Bioretention system
|
80 or 90
|
Yes
|
Yes(b)
|
2(b)
|
|
Infiltration basin
|
80
|
Yes
|
Yes
|
2
|
|
Sand filter(b)
|
80
|
Yes
|
Yes
|
2
|
|
Standard constructed wetland
|
90
|
Yes
|
No
|
N/A
|
|
Wet pond(d)
|
50-90
|
Yes
|
No
|
N/A
|
|
(Notes corresponding to annotations(b) through(d) are found after Table 3)
|
|
Table 3
| ||||
|---|---|---|---|---|
|
BMPs for Groundwater Recharge, Stormwater Runoff Quality, and/or
Stormwater Runoff Quantity only with a Waiver or Variance from N.J.A.C.
7:8-5.3
| ||||
|
Best Management Practice
|
Stormwater Runoff Quality TSS Removal Rate
(percent)
|
Stormwater Runoff Quantity
|
Groundwater Recharge
|
Minimum Separation from Seasonal High-Water Table
(feet)
|
|
Blue roof
|
0
|
Yes
|
No
|
N/A
|
|
Extended detention basin
|
40-60
|
Yes
|
No
|
1
|
|
Manufactured treatment device(h)
|
50 or 80
|
No
|
No
|
Dependent upon the device
|
|
Sand filter(c)
|
80
|
Yes
|
No
|
1
|
|
Subsurface gravel wetland
|
90
|
No
|
No
|
1
|
|
Wet pond
|
50-90
|
Yes
|
No
|
N/A
|
|
Notes to Tables 1, 2, and 3:
| |
|
(a)
|
Subject to the applicable contributory drainage area limitation specified at § 17-39.4o(2);
|
|
(b)
|
Designed to infiltrate into the subsoil;
|
|
(c)
|
Designed with underdrains;
|
|
(d)
|
Designed to maintain at least a ten-foot wide area of native
vegetation along at least 50% of the shoreline and to include a stormwater
runoff retention component designed to capture stormwater runoff for
beneficial reuse, such as irrigation;
|
|
(e)
|
Designed with a slope of less than 2%;
|
|
(f)
|
Designed with a slope of equal to or greater than 2%;
|
|
(g)
|
Manufactured treatment devices that meet the definition of green infrastructure at § 17-39.2;
|
|
(h)
|
Manufactured treatment devices that do not meet the definition of green infrastructure at § 17-39.2.
|
g.
An alternative stormwater management measure, alternative removal rate, and/or alternative method to calculate the removal rate may be used if the design engineer demonstrates the capability of the proposed alternative stormwater management measure and/or the validity of the alternative rate or method to the municipality. A copy of any approved alternative stormwater management measure, alternative removal rate, and/or alternative method to calculate the removal rate shall be provided to the Department in accordance with § 17-39.6b. Alternative stormwater management measures may be used to satisfy the requirements at § 17-39.4o only if the measures meet the definition of green infrastructure at § 17-39.2. Alternative stormwater management measures that function in a similar manner to a BMP listed at § 17-39.4o(2) are subject to the contributory drainage area limitation specified at § 17-39.4o(2) for that similarly functioning BMP. Alternative stormwater management measures approved in accordance with this subsection that do not function in a similar manner to any BMP listed at Section 17-39.4o(2) shall have a contributory drainage area less than or equal to 2.5 acres, except for alternative stormwater management measures that function similarly to cisterns, grass swales, green roofs, standard constructed wetlands, vegetative filter strips, and wet ponds, which are not subject to a contributory drainage area limitation. Alternative measures that function similarly to standard constructed wetlands or wet ponds shall not be used for compliance with the stormwater runoff quality standard unless a variance in accordance with N.J.A.C. 7:8-4.6 or a waiver from strict compliance in accordance with § 17-39.4d is granted from § 17-39.4o.
h.
Whenever the stormwater management design includes one or more BMPs
that will infiltrate stormwater into subsoil, the design engineer
shall assess the hydraulic impact on the groundwater table and design
the site, so as to avoid adverse hydraulic impacts. Potential adverse
hydraulic impacts include, but are not limited to, exacerbating a
naturally or seasonally high water table, so as to cause surficial
ponding, flooding of basements, or interference with the proper operation
of subsurface sewage disposal systems or other subsurface structures
within the zone of influence of the groundwater mound, or interference
with the proper functioning of the stormwater management measure itself.
i.
Design standards for stormwater management measures are as follows:
(1)
Stormwater management measures shall be designed to take into
account the existing site conditions, including, but not limited to,
environmentally critical areas; wetlands; flood-prone areas; slopes;
depth to seasonal high water table; soil type, permeability, and texture;
drainage area and drainage patterns; and the presence of solution-prone
carbonate rocks (limestone);
(2)
Stormwater management measures shall be designed to minimize maintenance, facilitate maintenance and repairs, and ensure proper functioning. Trash racks shall be installed at the intake to the outlet structure, as appropriate, and shall have parallel bars with one-inch spacing between the bars to the elevation of the water quality design storm. For elevations higher than the water quality design storm, the parallel bars at the outlet structure shall be spaced no greater than one-third the width of the diameter of the orifice or one-third the width of the weir, with a minimum spacing between bars of one inch and a maximum spacing between bars of six inches. In addition, the design of trash racks must comply with the requirements of § 17-39.8c;
(3)
Stormwater management measures shall be designed, constructed,
and installed to be strong, durable, and corrosion resistant. Measures
that are consistent with the relevant portions of the Residential
Site Improvement Standards at N.J.A.C. 5:21-7.3, 7.4, and 7.5 shall
be deemed to meet this requirement;
(4)
Stormwater management BMPs shall be designed to meet the minimum safety standards for stormwater management BMPs at § 17-39.8; and
(5)
The size of the orifice at the intake to the outlet from the
stormwater management BMP shall be a minimum of 2 1/2 inches
in diameter.
j.
Manufactured treatment devices may be used to meet the requirements of this subchapter, provided the pollutant removal rates are verified by the New Jersey Corporation for Advanced Technology and certified by the Department. Manufactured treatment devices that do not meet the definition of green infrastructure at § 17-39.2 may be used only under the circumstances described at § 17-39.4o(4).
k.
Any application for a new agricultural development that meets the definition of major development at § 17-39.2 shall be submitted to the Soil Conservation District for review and approval in accordance with the requirements at § 17-39.4o, p, q and r and any applicable Soil Conservation District guidelines for stormwater runoff quantity and erosion control. For purposes of this subsection, "agricultural development" means land uses normally associated with the production of food, fiber, and livestock for sale. Such uses do not include the development of land for the processing or sale of food and the manufacture of agriculturally related products.
l.
If there is more than one drainage area, the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at § 17-39.4p, q, and r shall be met in each drainage area, unless the runoff from the drainage areas converge onsite and no adverse environmental impact would occur as a result of compliance with any one or more of the individual standards being determined utilizing a weighted average of the results achieved for that individual standard across the affected drainage areas.
m.
Any stormwater management measure authorized under the municipal stormwater management plan or ordinance shall be reflected in a deed notice recorded in the Office of the Morris County Clerk. A form of deed notice shall be submitted to the municipality for approval prior to filing. The deed notice shall contain a description of the stormwater management measure(s) used to meet the green infrastructure, groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at § 17-39.4o, p, q, and r and shall identify the location of the stormwater management measure(s) in NAD 1983 State Plane New Jersey FIPS 2900 US Feet or Latitude and Longitude in decimal degrees. The deed notice shall also reference the maintenance plan required to be recorded upon the deed pursuant to § 17-39.10b(5). Prior to the commencement of construction, proof that the above required deed notice has been filed shall be submitted to the municipality. Proof that the required information has been recorded on the deed shall be in the form of either a copy of the complete recorded document or a receipt from the clerk or other proof of recordation provided by the recording office. However, if the initial proof provided to the municipality is not a copy of the complete recorded document, a copy of the complete recorded document shall be provided to the municipality within 180 calendar days of the authorization granted by the municipality.
n.
A stormwater management measure approved under the municipal stormwater management plan or ordinance may be altered or replaced with the approval of the municipality, if the municipality determines that the proposed alteration or replacement meets the design and performance standards pursuant to § 17-39.4 and provides the same level of stormwater management as the previously approved stormwater management measure that is being altered or replaced. If an alteration or replacement is approved, a revised deed notice shall be submitted to the municipality for approval and subsequently recorded with the Office of the Morris County Clerk and shall contain a description and location of the stormwater management measure, as well as reference to the maintenance plan, in accordance with paragraph m above. Prior to the commencement of construction, proof that the above required deed notice has been filed shall be submitted to the municipality in accordance with m. above.
o.
Green infrastructure standards.
(1)
This subsection specifies the types of green infrastructure
BMPs that may be used to satisfy the groundwater recharge, stormwater
runoff quality, and stormwater runoff quantity standards.
(2)
To satisfy the groundwater recharge and stormwater runoff quality standards at § 17-39.4p and q the design engineer shall utilize green infrastructure BMPs identified in Table 1 at § 17-39.4f and/or an alternative stormwater management measure approved in accordance with § 17-39.4g. The following green infrastructure BMPs are subject to the following maximum contributory drainage area limitations:
|
Best Management Practice
|
Maximum Contributory
|
|---|---|
|
Dry well
|
1 acre
|
|
Manufactured treatment device
|
2.5 acres
|
|
Pervious pavement systems
|
Area of additional inflow cannot exceed three times the area
|
|
Small-scale bioretention systems
|
2.5 acres
|
|
Small-scale infiltration basin
|
2.5 acres
|
|
Small-scale sand filter
|
2.5 acres
|
(4)
If a variance in accordance with N.J.A.C. 7:8-4.6 or a waiver from strict compliance in accordance with § 17-39.4d is granted from the requirements of this subsection, then BMPs from Table 1, 2, or 3, and/or an alternative stormwater management measure approved in accordance with § 17-39.4g, may be used to meet the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at § 17-39.4p, q and r.
(5)
For separate or combined storm sewer improvement projects, such as sewer separation, undertaken by a government agency or public utility (for example, a sewerage company), the requirements of this subsection shall only apply to areas owned in fee simple by the government agency or utility, and areas within a right-of-way or easement held or controlled by the government agency or utility; the entity shall not be required to obtain additional property or property rights to fully satisfy the requirements of this subsection. Regardless of the amount of area of a separate or combined storm sewer improvement project subject to the green infrastructure requirements of this subsection, each project shall fully comply with the applicable groundwater recharge, stormwater runoff quality control, and stormwater runoff quantity standards at Section 17-39.4p, q, and r, unless the project is granted a waiver from strict compliance in accordance with § 17-39.4d.
p.
Groundwater recharge standards.
(1)
This subsection contains the minimum design and performance
standards for groundwater recharge as follows.
(2)
The design engineer shall, using the assumptions and factors for stormwater runoff and groundwater recharge calculations at § 17-39.5, either:
(a)
Demonstrate through hydrologic and hydraulic analysis that the
site and its stormwater management measures maintain 100% of the average
annual pre-construction groundwater recharge volume for the site;
or
(b)
Demonstrate through hydrologic and hydraulic analysis that the
increase of stormwater runoff volume from pre-construction to post-construction
for the two-year storm is infiltrated.
(3)
This groundwater recharge requirement does not apply to projects
within the "urban redevelopment area," or to projects subject to paragraph
(4) below.
(4)
The following types of stormwater shall not be recharged:
(a)
Stormwater from areas of high pollutant loading. High pollutant
loading areas are areas in industrial and commercial developments
where solvents and/or petroleum products are loaded/unloaded, stored,
or applied, areas where pesticides are loaded/unloaded or stored;
areas where hazardous materials are expected to be present in greater
than "reportable quantities" as defined by the United States Environmental
Protection Agency (EPA) at 40 CFR 302.4; areas where recharge would
be inconsistent with Department approved remedial action work plan
or landfill closure plan and areas with high risks for spills of toxic
materials, such as gas stations and vehicle maintenance facilities;
and
(b)
Industrial stormwater exposed to "source material." "Source
material" means any material(s) or machinery, located at an industrial
facility, that is directly or indirectly related to process, manufacturing
or other industrial activities, which could be a source of pollutants
in any industrial stormwater discharge to groundwater. Source materials
include, but are not limited to, raw materials; intermediate products;
final products; waste materials; by-products; industrial machinery
and fuels, and lubricants, solvents, and detergents that are related
to process, manufacturing, or other industrial activities that are
exposed to stormwater.
q.
Stormwater runoff quality standards.
(1)
This subsection contains the minimum design and performance
standards to control stormwater runoff quality impacts of major development.
Stormwater runoff quality standards are applicable when the major
development results in an increase of one-quarter acre or more of
regulated motor vehicle surface.
(2)
Stormwater management measures shall be designed to reduce the
post-construction load of total suspended solids (TSS) in stormwater
runoff generated from the water quality design storm as follows:
(a)
Eighty percent TSS removal of the anticipated load, expressed
as an annual average shall be achieved for the stormwater runoff from
the net increase of motor vehicle surface.
(b)
If the surface is considered regulated motor vehicle surface
because the water quality treatment for an area of motor vehicle surface
that is currently receiving water quality treatment either by vegetation
or soil, by an existing stormwater management measure, or by treatment
at a wastewater treatment plant is to be modified or removed, the
project shall maintain or increase the existing TSS removal of the
anticipated load expressed as an annual average.
(3)
The requirement to reduce TSS does not apply to any stormwater
runoff in a discharge regulated under a numeric effluent limitation
for TSS imposed under the New Jersey Pollutant Discharge Elimination
System (NJPDES) rules, N.J.A.C. 7:14A, or in a discharge specifically
exempt under a NJPDES permit from this requirement. Every major development,
including any that discharge into a combined sewer system, shall comply
with paragraph (2) above, unless the major development is itself subject
to a NJPDES permit with a numeric effluent limitation for TSS or the
NJPDES permit to which the major development is subject exempts the
development from a numeric effluent limitation for TSS.
(4)
The water quality design storm is 1.25 inches of rainfall in
two hours. Water quality calculations shall take into account the
distribution of rain from the water quality design storm, as reflected
in Table 4, below. The calculation of the volume of runoff may take
into account the implementation of stormwater management measures.
|
Table 4 - Water Quality Design Storm Distribution
| |||||
|---|---|---|---|---|---|
|
Time
(minutes)
|
Cumulative Rainfall
(inches)
|
Time
(minutes)
|
Cumulative Rainfall
(inches)
|
Time
(minutes)
|
Cumulative Rainfall
(inches)
|
|
1
|
0.00166
|
41
|
0.1728
|
81
|
1.0906
|
|
2
|
0.00332
|
42
|
0.1796
|
82
|
1.0972
|
|
3
|
0.00498
|
43
|
0.1864
|
83
|
1.1038
|
|
4
|
0.00664
|
44
|
0.1932
|
84
|
1.1104
|
|
5
|
0.00830
|
45
|
0.2000
|
85
|
1.1170
|
|
6
|
0.00996
|
46
|
0.2117
|
86
|
1.1236
|
|
7
|
0.01162
|
47
|
0.2233
|
87
|
1.1302
|
|
8
|
0.01328
|
48
|
0.2350
|
88
|
1.1368
|
|
9
|
0.01494
|
49
|
0.2466
|
89
|
1.1434
|
|
10
|
0.01660
|
50
|
0.2583
|
90
|
1.1500
|
|
12
|
0.01996
|
52
|
0.2983
|
92
|
1.1600
|
|
13
|
0.02164
|
53
|
0.3183
|
93
|
1.1650
|
|
14
|
0.02332
|
54
|
0.3383
|
94
|
1.1700
|
|
15
|
0.02500
|
55
|
0.3583
|
95
|
1.1750
|
|
16
|
0.03000
|
56
|
0.4116
|
96
|
1.1800
|
|
17
|
0.03500
|
57
|
0.4650
|
97
|
1.1850
|
|
18
|
0.04000
|
58
|
0.5183
|
98
|
1.1900
|
|
19
|
0.04500
|
59
|
0.5717
|
99
|
1.1950
|
|
20
|
0.05000
|
60
|
00.6250
|
100
|
1.2000
|
|
21
|
0.05500
|
61
|
0.6783
|
101
|
1.2050
|
|
22
|
0.06000
|
62
|
0.7317
|
102
|
1.2100
|
|
23
|
0.06500
|
63
|
0.7850
|
103
|
1.2150
|
|
24
|
0.07000
|
64
|
0.8384
|
104
|
1.2200
|
|
25
|
0.07500
|
65
|
0.8917
|
105
|
1.2250
|
|
26
|
0.08000
|
66
|
0.9117
|
106
|
1.2267
|
|
27
|
0.08500
|
67
|
0.9317
|
107
|
1.2284
|
|
28
|
0.09000
|
68
|
0.9517
|
108
|
1.2300
|
|
29
|
0.09500
|
69
|
0.9717
|
109
|
1.2317
|
|
30
|
0.10000
|
70
|
0.9917
|
110
|
1.2334
|
|
31
|
0.10660
|
71
|
1.0034
|
111
|
1.2351
|
|
32
|
0.11320
|
72
|
1.0150
|
112
|
1.2367
|
|
33
|
0.11980
|
73
|
1.0267
|
113
|
1.2384
|
|
34
|
0.12640
|
74
|
1.0383
|
114
|
1.2400
|
|
35
|
0.13300
|
75
|
1.0500
|
115
|
1.2417
|
|
36
|
0.13960
|
76
|
1.0568
|
116
|
1.2434
|
|
37
|
0.14620
|
77
|
1.0636
|
117
|
1.2450
|
|
38
|
0.15280
|
78
|
1.0704
|
118
|
1.2467
|
|
39
|
0.15940
|
79
|
1.0772
|
119
|
1.2483
|
|
40
|
0.16600
|
80
|
1.0840
|
120
|
1.2500
|
(5)
If more than one BMP in series is necessary to achieve the required
80% TSS reduction for a site, the applicant shall utilize the following
formula to calculate TSS reduction:
|
R = A + B - (A x B)/100
|
|
Where:
| ||
|
R
|
=
|
total TSS Percent Load Removal from application of both BMPs
|
|
A
|
=
|
the TSS Percent Removal Rate applicable to the first BMP
|
|
B
|
=
|
the TSS Percent Removal Rate applicable to the second BMP
|
(6)
Stormwater management measures shall also be designed to reduce, to the maximum extent feasible, the post-construction nutrient load of the anticipated load from the developed site in stormwater runoff generated from the water quality design storm. In achieving reduction of nutrients to the maximum extent feasible, the design of the site shall include green infrastructure BMPs that optimize nutrient removal while still achieving the performance standards in § 17-39.4p, q and r.
(7)
In accordance with the definition of FW1 at N.J.A.C. 7:9B-1.4,
stormwater management measures shall be designed to prevent any increase
in stormwater runoff to waters classified as FW1.
(8)
The Flood Hazard Area Control Act Rules at N.J.A.C. 7:13-4.1(c)1
establish 300-foot riparian zones along Category One waters, as designated
in the Surface Water Quality Standards at N.J.A.C. 7:9B, and certain
upstream tributaries to Category One waters. A person shall not undertake
a major development that is located within or discharges into a 300-foot
riparian zone without prior authorization from the Department under
N.J.A.C. 7:13.
(9)
Pursuant to the Flood Hazard Area Control Act Rules at N.J.A.C.
7:13-11.2(j)3.i, runoff from the water quality design storm that is
discharged within a 300-foot riparian zone shall be treated in accordance
with this subsection to reduce the post-construction load of total
suspended solids by 95% of the anticipated load from the developed
site, expressed as an annual average.
(10)
This stormwater runoff quality standards do not apply to the
construction of one individual single-family dwelling, provided that
it is not part of a larger development or subdivision that has received
preliminary or final site plan approval prior to December 3, 2018,
and that the motor vehicle surfaces are made of permeable material(s)
such as gravel, dirt, and/or shells.
r.
Stormwater runoff quantity standards.
(1)
This subsection contains the minimum design and performance
standards to control stormwater runoff quantity impacts of major development.
(2)
In order to control stormwater runoff quantity impacts, the design engineer shall, using the assumptions and factors for stormwater runoff calculations at § 17-39.5, complete one of the following:
(a)
Demonstrate through hydrologic and hydraulic analysis that for
stormwater leaving the site, post-construction runoff hydrographs
for the two-, ten-, and 100-year storm events do not exceed, at any
point in time, the pre-construction runoff hydrographs for the same
storm events;
(b)
Demonstrate through hydrologic and hydraulic analysis that there
is no increase, as compared to the pre-construction condition, in
the peak runoff rates of stormwater leaving the site for the two-,
ten- and 100-year storm events and that the increased volume or change
in timing of stormwater runoff will not increase flood damage at or
downstream of the site. This analysis shall include the analysis of
impacts of existing land uses and projected land uses assuming full
development under existing zoning and land use ordinances in the drainage
area;
(c)
Design stormwater management measures so that the post-construction
peak runoff rates for the two-, ten- and 100-year storm events are
50%, 75%, and 80%, respectively, of the pre-construction peak runoff
rates. The percentages apply only to the post-construction stormwater
runoff that is attributable to the portion of the site on which the
proposed development or project is to be constructed; or
(d)
In tidal flood hazard areas, stormwater runoff quantity analysis
in accordance with paragraphs 2(a), 2(b) and 2(c) above is required
unless the design engineer demonstrates through hydrologic and hydraulic
analysis that the increased volume, change in timing, or increased
rate of the stormwater runoff, or any combination of the three will
not result in additional flood damage below the point of discharge
of the major development. No analysis is required if the stormwater
is discharged directly into any ocean, bay, inlet, or the reach of
any watercourse between its confluence with an ocean, bay, or inlet
and downstream of the first water control structure.
(3)
The stormwater runoff quantity standards shall be applied at
the site's boundary to each abutting lot, roadway, watercourse, or
receiving storm sewer system.
[Amended 3-2-2021 by Ord.
No. 03-2021]
a.
Stormwater runoff shall be calculated in accordance with the following:
(1)
The design engineer shall calculate runoff using one of the
following methods:
(a)
The USDA Natural Resources Conservation Service (NRCS) methodology,
including the NRCS Runoff Equation and Dimensionless Unit Hydrograph,
as described in Chapters 7, 9, 10, 15 and 16 Part 630, Hydrology National
Engineering Handbook, incorporated herein by reference as amended
and supplemented. This methodology is additionally described in Technical
Release 55 - Urban Hydrology for Small Watersheds (TR-55), dated June
1986, incorporated herein by reference as amended and supplemented.
Information regarding the methodology is available from the Natural
Resources Conservation Service website at: https://www.nrcs.usda.gov/Internet/FSE_DOCUMENTS/stelprdb10441
71.pdf or at United States Department of Agriculture Natural Resources
Conservation Service, 220 Davison Avenue, Somerset, New Jersey 08873;
or
(b)
The Rational Method for peak flow and the Modified Rational
Method for hydrograph computations. The rational and modified rational
methods are described in "Appendix A-9 Modified Rational Method" in
the Standards for Soil Erosion and Sediment Control in New Jersey,
January 2014. This document is available from the State Soil Conservation
Committee or any of the Soil Conservation Districts listed at N.J.A.C.
2:90-1.3(a)3. The location, address, and telephone number for each
Soil Conservation District is available from the State Soil Conservation
Committee, PO Box 330, Trenton, New Jersey 08625. The document is
also available at: http://www.nj.gov/agriculture/divisions/anr/pdf/2014NJSoilErosionCont
rolSt andardsComplete.pdf.
(2)
For the purpose of calculating runoff coefficients and groundwater recharge, there is a presumption that the pre-construction condition of a site or portion thereof is a wooded land use with good hydrologic condition. The term "runoff coefficient" applies to both the NRCS methodology above at § 17-39.5a(1)(a) and the Rational and Modified Rational Methods at § 17-39.5a(1)(b). A runoff coefficient or a groundwater recharge land cover for an existing condition may be used on all or a portion of the site if the design engineer verifies that the hydrologic condition has existed on the site or portion of the site for at least five years without interruption prior to the time of application. If more than one land cover have existed on the site during the five years immediately prior to the time of application, the land cover with the lowest runoff potential shall be used for the computations. In addition, there is the presumption that the site is in good hydrologic condition (if the land use type is pasture, lawn, or park), with good cover (if the land use type is woods), or with good hydrologic condition and conservation treatment (if the land use type is cultivation).
(3)
In computing pre-construction stormwater runoff, the design
engineer shall account for all significant land features and structures,
such as ponds, wetlands, depressions, hedgerows, or culverts, that
may reduce preconstruction stormwater runoff rates and volumes.
(4)
In computing stormwater runoff from all design storms, the design
engineer shall consider the relative stormwater runoff rates and/or
volumes of pervious and impervious surfaces separately to accurately
compute the rates and volume of stormwater runoff from the site. To
calculate runoff from unconnected impervious cover, urban impervious
area modifications as described in the NRCS Technical Release 55 -
Urban Hydrology for Small Watersheds or other methods may be employed.
(5)
If the invert of the outlet structure of a stormwater management
measure is below the flood hazard design flood elevation as defined
at N.J.A.C. 7:13, the design engineer shall take into account the
effects of tailwater in the design of structural stormwater management
measures.
b.
Groundwater recharge may be calculated in accordance with the following:
The New Jersey Geological Survey Report GSR-32, A Method for Evaluating
Groundwater-Recharge Areas in New Jersey, incorporated herein by reference
as amended and supplemented. Information regarding the methodology
is available from the New Jersey Stormwater Best Management Practices
Manual; at the New Jersey Geological Survey website at: https://www.nj.gov/dep/njgs/pricelst/gsreport/gs
r32.pdf or at New Jersey Geological and Water Survey, 29 Arctic Parkway,
PO Box 420 Mail Code 29-01, Trenton, New Jersey 08625-0420.
[Amended 3-2-2021 by Ord.
No. 03-2021]
a.
Technical guidance for stormwater management measures can be found
in the documents listed below, which are available to download from
the Department's website at: http://www.nj.gov/dep/stormwater/bmp_manual2.htm.
(1)
Guidelines for stormwater management measures are contained
in the New Jersey Stormwater Best Management Practices Manual, as
amended and supplemented. Information is provided on stormwater management
measures such as, but not limited to, those listed in Tables 1, 2,
and 3.
(2)
Additional maintenance guidance is available on the Department's
website at: https://www.njstormwater.org/maintenance_guidance.htm.
b.
Submissions required for review by the Department should be mailed
to: The Division of Water Quality, New Jersey Department of Environmental
Protection, Mail Code 401-02B, PO Box 420, Trenton, New Jersey 08625-0420.
[Amended 3-2-2021 by Ord.
No. 03-2021]
a.
Site design features identified under § 17-39.4f above, or alternative designs in accordance with § 17-39.4g above, to prevent discharge of trash and debris from drainage systems 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 § 17-39a(2) below.
(1)
Design engineers shall use one 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:
(a)
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; or
(b)
A different grate, if each individual clear space in that grate
has an area of no more than seven 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 system floors used to collect stormwater from the surface
into a storm drain or surface water body.
(c)
For curb-opening inlets, including curb-opening inlets in combination
inlets, 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 square inches, or be no greater than
two inches across the smallest dimension.
(2)
The standard in paragraph a(1) above does not apply:
(a)
Where each individual clear space in the curb opening in existing
curb-opening inlet does not have an area of more than nine square
inches;
(b)
Where the municipality agrees that the standards would cause
inadequate hydraulic performance that could not practicably be overcome
by using additional or larger storm drain inlets;
(c)
Where flows from the water quality design storm as specified
in N.J.A.C. 7:8 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:
[i]
A rectangular space four and five-eighths inches long and 1.5
inches wide (A rectangular space four and this option does not apply
for outfall netting facilities); or
[ii]
A bar screen having a bar spacing of 0.5 inch.
Note that these exemptions do not authorize any infringement
of requirements in the Residential Site Improvement Standards for
bicycle safe grates in new residential development (N.J.A.C. 5:21-4.18(b)2
and 7.4(b)1).
(d)
Where flows are conveyed through a trash rack that has parallel
bars with one-inch spacing between the bars, to the elevation of the
Water Quality Design Storm as specified in N.J.A.C. 7:8; or
(e)
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.
[Amended 3-2-2021 by Ord.
No. 03-2021]
a.
This section sets forth requirements to protect public safety through
the proper design and operation of stormwater management BMPs. This
section applies to any new stormwater management BMP.
b.
The provisions of this section are not intended to preempt more stringent municipal or county safety requirements for new or existing stormwater management BMPs. Municipal and county stormwater management plans and ordinances may, pursuant to their authority, require existing stormwater management BMPs to be retrofitted to meet one or more of the safety standards in §§ 17-39.8c(1), 17-39.8c(2) and 17-39.8c(3) for trash racks, overflow grates, and escape provisions at outlet structures.
c.
Requirements for trash racks, overflow grates and escape provisions.
(1)
A trash rack is a device designed to catch trash and debris
and prevent the clogging of outlet structures. Trash racks shall be
installed at the intake to the outlet from the Stormwater management
BMP to ensure proper functioning of the BMP outlets in accordance
with the following:
(a)
The trash rack shall have parallel bars, with no greater than
six-inch spacing between the bars;
(b)
The trash rack shall be designed so as not to adversely affect
the hydraulic performance of the outlet pipe or structure;
(c)
The average velocity of flow through a clean trash rack is not
to exceed 2.5 feet per second under the full range of stage and discharge.
Velocity is to be computed on the basis of the net area of opening
through the rack; and
(d)
The trash rack shall be constructed of rigid, durable, and corrosion
resistant material and designed to withstand a perpendicular live
loading of 300 pounds per square foot.
(2)
An overflow grate is designed to prevent obstruction of the
overflow structure. If an outlet structure has an overflow grate,
such grate shall meet the following requirements:
(a)
The overflow grate shall be secured to the outlet structure
but removable for emergencies and maintenance.
(b)
The overflow grate spacing shall be no less than two inches
across the smallest dimension.
(c)
The overflow grate shall be constructed and installed to be
rigid, durable, and corrosion resistant, and shall be designed to
withstand a perpendicular live loading of 300 pounds per square foot.
(3)
Stormwater management BMPs shall include escape provisions as
follows:
(a)
If a stormwater management BMP has an outlet structure, escape
provisions shall be incorporated in or on the structure. Escape provisions
include the installation of permanent ladders, steps, rungs, or other
features that provide easily accessible means of egress from stormwater
management BMPs. With the prior approval of the municipality pursuant
to VIII.C, a free-standing outlet structure may be exempted from this
requirement;
(b)
Safety ledges shall be constructed on the slopes of all new stormwater management BMPs having a permanent pool of water deeper than 2 1/2 feet. Safety ledges shall be comprised of two steps. Each step shall be four to six feet in width. One step shall be located approximately 2 1/2 feet below the permanent water surface, and the second step shall be located one to 1 1/2 feet above the permanent water surface. See § 17-39.8e for an illustration of safety ledges in a stormwater management BMP; and
(c)
In new stormwater management BMPs, the maximum interior slope
for an earthen dam, embankment, or berm shall not be steeper than
three horizontal to one vertical.
d.
Variance or exemption from safety standard. A variance or exemption
from the safety standards for stormwater management BMPs may be granted
only upon a written finding by the municipality that the variance
or exemption will not constitute a threat to public safety.
e.
Safety ledge illustration.
 |
[Amended 3-2-2021 by Ord.
No. 03-2021]
a.
Submission of site development stormwater plan.
(1)
Whenever an applicant seeks municipal approval of a development subject to this ordinance, the applicant shall submit all of the required components of the Checklist for the Site Development Stormwater Plan at § 17-39.9c below as part of the submission of the application for approval.
(2)
The applicant shall demonstrate that the project meets the standards
set forth in this ordinance.
b.
Site development stormwater plan approval. The applicant's Site Development
project shall be reviewed as a part of the review process by the municipal
board or official from which municipal approval is sought. That municipal
board or official shall consult the municipality's review engineer
to determine if all of the checklist requirements have been satisfied
and to determine if the project meets the standards set forth in this
ordinance.
c.
Submission of site development stormwater plan. The following information
shall be required:
(1)
Topographic base map. The reviewing engineer may require upstream
tributary drainage system information as necessary. It is recommended
that the topographic base map of the site be submitted which extends
a minimum of 200 feet beyond the limits of the proposed development,
at a scale of one inch equals 200 feet or greater, showing two-foot
contour intervals. The map as appropriate may indicate the following:
existing surface water drainage, shorelines, steep slopes, soils,
erodible soils, perennial or intermittent streams that drain into
or upstream of the Category One waters, wetlands and flood plains
along with their appropriate buffer strips, marshlands and other wetlands,
pervious or vegetative surfaces, existing man-made structures, roads,
bearing and distances of property lines, and significant natural and
manmade features not otherwise shown.
(2)
Environmental site analysis. A written and graphic description
of the natural and man-made features of the site and its surroundings
should be submitted. This description should include a discussion
of soil conditions, slopes, wetlands, waterways and vegetation on
the site. Particular attention should be given to unique, unusual,
or environmentally sensitive features and to those that provide particular
opportunities or constraints for development.
(3)
Project description and site plans. A map (or maps) at the scale
of the topographical base map indicating the location of existing
and proposed buildings roads, parking areas, utilities, structural
facilities for stormwater management and sediment control, and other
permanent structures. The map(s) shall also clearly show areas where
alterations will occur in the natural terrain and cover, including
lawns and other landscaping, and seasonal high groundwater elevations.
A written description of the site plan and justification for proposed
changes in natural conditions shall also be provided.
(4)
Land use planning and source control plan. This plan shall provide a demonstration of how the goals and standards of §§ 17-39.3 through 17-39.5 are being met. The focus of this plan shall be to describe how the site is being developed to meet the objective of controlling groundwater recharge, stormwater quality and stormwater quantity problems at the source by land management and source controls whenever possible.
(5)
Stormwater management facilities map. The following information,
illustrated on a map of the same scale as the topographic base map,
shall be included:
(a)
Total area to be disturbed, paved or built upon, proposed surface
contours, land area to be occupied by the stormwater management facilities
and the type of vegetation thereon, and details of the proposed plan
to control and dispose of stormwater.
(b)
Details of all stormwater management facility designs, 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.
(6)
Calculations.
(a)
Comprehensive hydrologic and hydraulic design calculations for the predevelopment and post-development conditions for the design storms specified in § 17-39.4.
(b)
When the proposed stormwater management control measures depend
on the hydrologic properties of soils or require certain separation
from the seasonal high water table, then a soils report shall be submitted.
The soils report shall be based on onsite boring logs or soil pit
profiles. The number and location of required soil borings or soil
pits shall be determined based on what is needed to determine the
suitability and distribution of soils present at the location of the
control measure.
(7)
Maintenance and repair plan. The design and planning of the stormwater management facility shall meet the maintenance requirements of § 17-39.10.
(8)
Waiver from submission requirements. The municipal official or board reviewing an application under this ordinance may, in consultation with the municipality's review engineer, waive submission of any of the requirements in § 17-39.9c(1) through § 17-39.9c(6) of this ordinance when it can be demonstrated that the information requested is impossible to obtain or it would create a hardship on the applicant to obtain and its absence will not materially affect the review process.
[Amended 3-2-2021 by Ord.
No. 03-2021]
b.
General maintenance.
(1)
The design engineer shall prepare a maintenance plan for the
stormwater management measures incorporated into the design of a major
development.
(2)
The maintenance plan shall contain specific preventative maintenance tasks and schedules; cost estimates, including estimated cost of sediment, debris, or trash removal; and the name, address, and telephone number of the person or persons responsible for preventative and corrective maintenance (including replacement). The plan shall contain information on BMP location, design, ownership, maintenance tasks and frequencies, and other details as specified in Chapter 8 of the NJ BMP Manual, as well as the tasks specific to the type of BMP, as described in the applicable chapter containing design specifics.
(3)
If the maintenance plan identifies a person other than the property
owner (for example, a developer, a public agency or homeowners' association)
as having the responsibility for maintenance, the plan shall include
documentation of such person's or entity's agreement to assume this
responsibility, or of the owner's obligation to dedicate a stormwater
management facility to such person under an applicable ordinance or
regulation.
(4)
Responsibility for maintenance shall not be assigned or transferred
to the owner or tenant of an individual property in a residential
development or project, unless such owner or tenant owns or leases
the entire residential development or project. The individual property
owner may be assigned incidental tasks, such as weeding of a green
infrastructure BMP, provided the individual agrees to assume these
tasks; however, the individual cannot be legally responsible for all
of the maintenance required.
(5)
If the party responsible for maintenance identified under § 17-39.10b(3) above is not a public agency, the maintenance plan and any future revisions based on § 17-39.10b below shall be recorded upon the deed of record for each property on which the maintenance described in the maintenance plan must be undertaken.
(6)
Preventative and corrective maintenance shall be performed to
maintain the functional parameters (storage volume, infiltration rates,
inflow/outflow capacity, etc.) of the stormwater management measure,
including, but not limited to, repairs or replacement to the structure;
removal of sediment, debris, or trash; restoration of eroded areas;
snow and ice removal; fence repair or replacement; restoration of
vegetation; and repair or replacement of nonvegetated linings.
(7)
The party responsible for maintenance identified under § 17-39.10b(3) above shall perform all of the following requirements:
(a)
Maintain a detailed log of all preventative and corrective maintenance
for the structural stormwater management measures incorporated into
the design of the development, including a record of all inspections
and copies of all maintenance-related work orders;
(b)
Evaluate the effectiveness of the maintenance plan at least
once per year and adjust the plan and the deed as needed; and
(c)
Retain and make available, upon request by any public entity with administrative, health, environmental, or safety authority over the site, the maintenance plan and the documentation required by § 17-39.10b(6) and b(7) above.
(8)
The requirements of §§ 17-39.10b(3) and 17-39.10b(4) do not apply to stormwater management facilities that are dedicated to and accepted by the municipality or another governmental agency, subject to all applicable municipal stormwater general permit conditions, as issued by the Department.
(9)
In the event that the stormwater management facility becomes
a danger to public safety or public health, or if it is in need of
maintenance or repair, the municipality shall so notify the responsible
person in writing. Upon receipt of that notice, the responsible person
shall have 14 days to effect maintenance and repair of the facility
in a manner that is approved by the municipal engineer or his designee.
The municipality, in its discretion, may extend the time allowed for
effecting maintenance and repair for good cause. If the responsible
person fails or refuses to perform such maintenance and repair, the
municipality or County may immediately proceed to do so and shall
bill the cost thereof to the responsible person. Nonpayment of such
bill may result in a lien on the property.
c.
Nothing in this subsection shall preclude the municipality in which
the major development is located from requiring the posting of a performance
or maintenance guarantee in accordance with N.J.S.A. 40:55D-53.
[Added 12-5-2023 by Ord.
No. 07-2023]
a.
Purpose. An ordinance requiring 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 the Borough of Mount Arlington
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
STORM DRAIN INLET
WATERS OF THE STATE
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 chapter 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.
A conveyance or system of conveyances (including roads with
drainage systems, municipal streets, catch basins, curbs, gutters,
ditches, manmade channels, or storm drains) that is owned or operated
by the Borough of Mount Arlington or other public body, and is designed
and used for collecting and conveying stormwater.
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this State subject to municipal
jurisdiction.
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.
Means the ocean and its estuaries, all springs, streams and
bodies of surface or ground water, whether natural or artificial,
within the boundaries of the State of New Jersey or subject to its
jurisdiction.
c.
Prohibited Conduct. 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:
d.
Design Standard. Storm drain inlets identified in subsection c 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 d(3) below.
(1)
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:
(a)
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
(b)
A different grate, if each individual clear space in that grate
has an area of no more than seven square inches, or is no greater
than 0.5 inch 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.
(2)
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 square inches, or be no greater than two inches across
the smallest dimension.
(3)
This standard does not apply:
(a)
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;
(b)
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:
(c)
Where flows are conveyed through a trash rack that has parallel
bars with one-inch spacing between the bars; or
(d)
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.
e.
Enforcement. This section shall be enforced by the Police Department
and/or other Municipal Officials of the Borough of Mount Arlington.
f.
Penalties. Any person(s) who is found to be in violation of the provisions
of this section shall have 30 days to complete corrective action.
Repeat violations and/or failure to complete corrective action shall
result in fines as follows:
[Added 12-5-2023 by Ord.
No. 08-2023]
a.
Purpose. The purpose of this section is to prevent stored salt and
other solid de-icing materials from being exposed to stormwater.
This section establishes requirements for the storage of salt
and other solid de-icing materials on properties not owned or operated
by the municipality (privately-owned), including residences, in the
Borough of Mount Arlington to protect the environment, public health,
safety and welfare, and to prescribe penalties for failure to comply.
b.
DE-ICING MATERIALS
IMPERVIOUS SURFACE
PERMANENT STRUCTURE
(1)
(2)
(3)
(4)
(5)
PERSON
RESIDENT
STORM DRAIN INLET
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 chapter clearly demonstrates
a different meaning. When consistent 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.
Any granular or solid material such as melting salt or any
other granular solid that assists in the melting of snow.
A surface that has been covered with a layer of material
so that it is highly resistant to infiltration by water.
A permanent building or permanent structure that is anchored
to a permanent foundation with an impermeable floor, and that is completely
roofed and walled (new structures require a door or other means of
sealing the access way from wind driven rainfall). A fabric frame
structure is a permanent structure if it meets the following specifications:
Concrete blocks, jersey barriers or other similar material shall
be placed around the interior of the structure to protect the side
walls during loading and unloading of de-icing materials;
The design shall prevent stormwater run-on and run through,
and the fabric cannot leak;
The structure shall be erected on an impermeable slab;
The structure cannot be open sided; and
The structure shall have a roll up door or other means of sealing
the access way from wind driven rainfall.
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this State subject to municipal
jurisdiction.
A person who resides on a residential property where de-icing
material is stored.
The point of entry into the storm sewer system.
c.
Deicing Material Storage Requirements.
(1)
Temporary outdoor storage of de-icing materials in accordance
with the requirements below is allowed between October 15th and April
15th:
(a)
Loose materials shall be placed on a flat, impervious surface
in a manner that prevents stormwater run-through;
(b)
Loose materials shall be placed at least 50 feet from surface
water bodies, storm drain inlets, ditches and/or other stormwater
conveyance channels;
(c)
Loose materials shall be maintained in a cone-shaped storage
pile. If loading or unloading activities alter the cone-shape during
daily activities, tracked materials shall be swept back into the storage
pile, and the storage pile shall be reshaped into a cone after use;
(d)
Loose materials shall be covered as follows:
[i]
The cover shall be waterproof, impermeable, and
flexible;
[ii]
The cover shall extend to the base of the pile(s);
[iii]
The cover shall be free from holes or tears;
[iv]
The cover shall be secured and weighed down around
the perimeter to prevent removal by wind; and
[v]
Weight shall be placed on the cover(s) in such
a way that minimizes the potential of exposure as materials shift
and runoff flows down to the base of the pile.
[a]
Sandbags lashed together with rope or cable and
placed uniformly over the flexible cover, or poly-cord nets provide
a suitable method. Items that can potentially hold water (e.g., old
tires) shall not be used;
(e)
Containers must be sealed when not in use; and
(f)
The site shall be free of all de-icing materials between April
16th and October 14th.
(2)
De-icing materials should be stored in a permanent structure
if a suitable storage structure is available. For storage of loose
de-icing materials in a permanent structure, such storage may be permanent,
and thus not restricted to October 15 - April 15.
(3)
All temporary and/or permanent structures must comply with all
local ordinances, including building and zoning requirements.
(4)
The property owner, or owner of the de-icing materials if different,
shall designate a person(s) responsible for operations at the site
where these materials are stored outdoors, and who shall document
that weekly inspections are conducted to ensure that the conditions
of this section are met. Inspection records shall be kept on site
and made available to the municipality upon request.
(a)
Residents who operate businesses from their homes that utilize
de-icing materials are required to perform weekly inspections.
d.
Exemptions. Residents may store de-icing materials outside in a solid-walled,
closed container that prevents precipitation from entering and exiting
the container, and which prevents the de-icing materials from leaking
or spilling out. Under these circumstances, weekly inspections are
not necessary, but repair or replacement of damaged or inadequate
containers shall occur within two weeks.
If containerized (in bags or buckets) de-icing materials are stored within a permanent structure, they are not subject to the storage and inspection requirements in subsection c above. Piles of de-icing materials are not exempt, even if stored in a permanent structure.
This section does not apply to facilities where the stormwater
discharges from de-icing material storage activities are regulated
under another NJPDES permit.
e.
Enforcement. This section shall be enforced by the Police Department
and/or other Municipal Officials of the Borough of Mount Arlington.
f.
Penalties. Any person(s) who is found to be in violation of the provisions
of this section shall have 72 hours to complete corrective action.
Repeat violations and/or failure to complete corrective action shall
result in fines as follows:
In addition to the site plan approval requirements contained
in this Chapter, no building or structure shall hereafter, be erected,
enlarged, expanded, externally altered or modified nor shall any paving,
fill, excavation, or improvement be permitted within any floodplain
area unless a site plan shall have been submitted to the Planning
Board for its review and approval.
a.
Said site plan shall be drawn to a scale not less than one inch equals
50 feet and shall show, in addition to the information required under
other ordinances, the following information:
(1)
Existing and proposed buildings and structures.
(2)
Proposed finished grade elevations at the corners of any structure
or structures.
(3)
Existing topography and proposed grading at contour intervals
of at least one foot.
(4)
The lowest elevation within any proposed structure after its
completion.
(5)
The location, type, and size of all existing and proposed drainage
rights-of-way or easements and the location, size, and description
of any lands to be dedicated to the municipality, county, or state.
(6)
The location, size, and nature of all existing and proposed
drainage right-of-way or easements and the location, size, and description
of any lands to be dedicated to the municipality, county, or state.
(7)
The layout and size of existing and proposed public or private
streets.
(8)
The elevation of any existing or proposed pumping facilities.
(9)
The nature and extent of any construction alterations or repairs.
(10)
The location, size, and nature of the entire lot or lots in
question and any contiguous lots owned by the applicant or in which
the applicant has a direct or indirect interest.
(11)
Proof of stream encroachment lines obtained from the New Jersey
Department of Environmental Protection.
(12)
The extent of filing of the land, if any.
(13)
The location, type, and size of all existing and proposed erosion
and siltation control measures, such as slope protection, soil stabilization,
sedimentation basins, sediment traps, headwalls, aprons, and the like.
(14)
The Base Flood Elevation for all major subdivisions and site
plans.
(15)
The applicant shall submit proof that:
(a)
Proposed structures are designed and adequately anchored to
prevent flotation, collapse or lateral movement.
(b)
Materials and utility equipment used are resistant to flood
damage.
(c)
Construction utilizes methods and practices that minimize flood
damage.
(d)
Subdivision proposals are consistent with the need to minimize
flood damage in flood-prone areas.
(e)
All public utilities and facilities, such as sewer, gas, electrical,
and water systems are designed, constructed and located to prevent,
minimize or eliminate flood damage or infiltration.
(16)
Any and all other information and data necessary to meet any
of the requirements of this Article.
b.
In addition, where required by the Board, the developer shall furnish
information relating to subsurface conditions, based on percolation
tests and soil borings or probes. Test borings or probes shall be
performed by a licensed professional engineer with proven competency
in the filed of soils engineering and shall be in accordance with
acceptable engineering standards and practices. A detailed report
of the test shall be submitted to the Board and Borough Engineer for
review.
c.
Action by the Board may be conditioned upon any required approval
by the New Jersey Department of Environmental Protection.
d.
Board disapproval shall include written findings upon any site plan
element found contrary to the provisions or intent of this Article.
No person or persons shall engage in a permitted use within
a delineated floodplain until all necessary permits have been obtained
from those governmental agencies from which approval is required,
including Section 404 of the Federal Water Pollution Control Act Amendments
of 1972, 33 U.S.C. Section Subsection 1334.
The Board may impose such conditions on permitted uses as it
deems appropriate to promote the public safety, health and welfare,
to protect public and private property, wildlife and fisheries and
to preserve, protect and enhance the natural environment of the flood
plain. No certificate of occupancy shall be issued unless all conditions
of approval have been complied with.
a.
It is hereby found that natural flood plain display complex intimate
relationships among streams, periodic flooding, soils, vegetation,
fish and wildlife and that periodic flooding of lowland areas, marshes
and swamps adjacent to stream channels produces a rich physical-chemical
environment for many living organisms. It is further found that flood
plains contain biological communities which are among the most productive
of natural systems and perform the following functions essential to
the natural environment.
(1)
Passage and storage of storm floodwaters.
(2)
Removal of sediment loads from streams through deposition.
(3)
Replenishment of groundwater supplies through soil infiltration.
(4)
Dissipation of energy of flood flows, thereby reducing downstream
destruction.
(5)
Provide areas of recreational and aesthetic pleasure.
b.
Because of the importance of the natural flood plain as cited above,
all natural land within any delineated flood plain, except for land
to be developed in accordance with this chapter, shall be preserved
in its natural state, and where possible, developed land within the
flood plain shall be restored to its natural state so as to duplicate
the natural or undeveloped drainage characteristics in terms of runoff
and velocity.
c.
Whenever the alteration or relocation of a watercourse is required,
the applicant shall notify the Federal Insurance Administrator, New
Jersey Department of Environmental Protection, County of Morris, and
adjacent communities. The applicant shall assure that the flood-carrying
capacity within the altered or relocated portion of any watercourse
is maintained.
In reviewing any proposed construction or development, the Board
shall be reasonably assured upon evidence submitted by the applicant
that any structure, when built or altered, can be occupied without
peril to the health or safety of the occupant and that the proposed
land use:
a.
Has an inherent low flood-damage potential.
b.
Either acting alone or in combination with existing or future uses,
does not obstruct flood flows.
c.
Does not affect adversely the water-carrying or storage capacity
of any channel floodway or flood fringe area.
d.
Does not increase erosion or the rate of local runoff.
e.
Does not unduly stress or degrade the natural environment of the
flood plain or degrade the quality of surface water or the quality
and quantity of groundwaters.
f.
Does not require channel modification or relocation.
a.
Channel. Within any channel, structures shall not be erected, expanded
or externally altered, and fill, excavation or other improvements
or changes shall not be permitted except in connection with stream
improvement or stabilization, which improvements or changes shall
have the specific approval of the New Jersey Department of Environmental
Protection and the Board. The Morris County Planning Board shall receive
copies of all exhibits for their review and approval as required.
b.
Floodway.
(1)
Within any floodway, structures shall not be erected, enlarged,
expanded, or externally altered, and fill, excavation, or other improvements
or changes shall not be permitted, except in connection with stream
improvements or stabilization, which improvement or changes shall
have the specific approval of the New Jersey Department of Environmental
Protection and the Board. The Morris County Planning Board shall receive
copies of all exhibits for their review and approval as required.
(2)
The accepted practices of soil husbandry and farming, as well
as recreational uses in the nature of parks, playgrounds, picnic areas,
golf courses and boat landings shall be permitted in accordance with
the issuance of a permit as provided in this Article. No material,
equipment or vehicles shall be parked or stored in the floodway, even
in conjunction with a permitted use.
c.
Flood Fringe Area. Within any flood fringe area, structures other than mobile homes may be constructed, erected, enlarged, expanded, externally altered or modified, and fill, excavation, and other improvements may be permitted in the flood fringe area after receiving specific approval of the Board for a use allowed in Article VIII and further subject to the conditions set forth in this Article.
d.
Upon application for such a permit, the Board shall notify the Borough
Environmental Commission and the governing bodies and environmental
commissions of other municipalities which may be affected by the proposed
use. Such notifications shall include the name and address of the
applicant, the location of the proposed use and abbreviated description
of the proposed use and announcement as to where and at what times
the complete application may be reviewed and to whom and by what date
interested parties may communicate their positions concerning the
application and any data that they may have developed in reference
to the effects of the proposed use. The Board shall view the application
and all information received under this Article.
e.
In reviewing the application and arriving at findings, the Board
shall consult with the Borough Engineer and other experts and consider
the following criteria in addition to those set forth in this Article.
(1)
The danger to life and property due to increased flood heights
or velocities caused by encroachments.
(2)
The danger that materials may be swept onto other land or downstream
to the injury of others.
(3)
The proposed water supply and sanitation systems and the insulation
of these systems from disease, contamination, and unsanitary conditions
resulting from flooding.
(4)
The susceptibility of the proposed use to flood damage and the
effects of such damage.
(5)
The need for a waterfront location.
(6)
The availability of the alternate locations not subject to flooding.
(7)
The duration, rate of rise, and sediment transport of floodwaters
expected at the site.
(8)
The safety of access to the property in times of flood for ordinary
and emergency vehicles.
(9)
The extent to which the hydraulic capacity of the floodway will
be disrupted.
(10)
The degree to which the proposed use serves the general public's
health, safety, and welfare.
(11)
The degree to which any aspect of flood chain or plant, animal,
fish, or human life processes are affected adversely within or beyond
the proposed use area.
(12)
The degree to which the proposed activity alters natural water
flow or water temperature.
(13)
The degree to which the proposed use provides facilities for
the proper handling of litter, trash, refuse, and sanitary and industrial
waste.
(14)
The degree to which irreplaceable land types will be destroyed.
(15)
The degree to which the natural, scenic and aesthetic values
at the proposed development site can be retained.
(16)
The degree to which materials not subject to major damage by
floods are firmly anchored to prevent flotation and/or are readily
removable from the area within the time available after flood warning.
f.
If the Board finds that the proposed use would violate or tend to
violate the purposes and intent of this Article, the applicant shall
be denied.
If the application will not violate the purposed and intent
of this Chapter, the Board may approve the application and impose
such conditions as are necessary to promote the public safety, health
and welfare, to protect public and private property, wildlife and
fisheries and to preserve, protect and enhance the natural environmental
of the flood plain.
a.
General Conditions. These conditions may include, but are not limited
to, the following:
(1)
Modification of waste disposal and water supply facilities.
(2)
Imposition of operational controls, sureties, and deed restrictions.
(3)
Requirements for construction of stormwater detention facilities,
channel modifications, dikes, levees and other protective measures.
(4)
Installation of an adequate flood-warning system.
(5)
Postponement of development until such time as protective measures
are installed or until the floodway and flood hazard area have been
delineated by the Department or the Borough.
b.
Specific Conditions. The following regulations shall apply to all
numbered A Zones and, in addition, to all unnumbered A Zones where,
in the absence of FIA base flood elevation data. The Planning Board
shall obtain, review, and utilize any base flood elevation data available
from a federal, state or other source.
(1)
Where the lowest floor of any new structure is more than two
feet above the existing grade at the perimeter of said structure,
the site shall be filled. Such fill shall be subject to the following
conditions:
(a)
All fill material shall be well-compacted.
(b)
The elevation of the fill shall be not more than two feet below
the base flood elevation.
(c)
The elevation of the fill at the perimeter of the structure
shall be equal to the elevation of the fill beneath the structure.
(d)
Fill at the perimeter of the structure shall be stabilized by
a retaining wall or by slopes of not greater than four to one (4:1)
and shall be protected from erosion.
(e)
Where fill is stabilized by a retaining wall, said fill shall
extend beyond the perimeter of the structure a distance equal to not
less than twice the height of the retaining wall or five feet, whichever
is the greater.
(2)
All new residential construction, residential additions, and
substantial improvements of residential structures within the flood
plain shall have the lowest floor (including basement) elevated to
not less than six inches above the base flood elevation. For purposes
of site plan review and approval, the requirement of six inches above
the base flood elevation shall not include a detached garage; nor
shall it include a patio, terrace, deck or an unheated and unenclosed
porch, provided that any entrance from such a structure to a main
structure shall be a minimum of six inches above the base flood elevation.
The floor of an attached garage may be not more than two feet below
the base flood elevation, provided that the portions of all walls
and partitions below the base flood elevation are floodproofed and
further provided that any entrance from an attached garage to a main
structure shall be a minimum of six inches above the base flood elevation.
(3)
All new nonresidential construction within the flood plain shall
have the lowest floor (including basement) elevated to not less than
one foot above the base flood elevation or be floodproofed. Floodproofing
alone shall not be considered adequate for residences, hospitals,
nursing homes, schools, day-care centers and similar uses.
(4)
Floodproofing measures shall be consistent with the base flood
elevation for the particular area, flood velocities, durations, rates
of rise, hydrostatic and hydrodynamic forces and other similar factors.
The Board shall require the applicant to submit a plan or document
certified by a registered professional engineer that the floodproofing
measures are consistent with the base flood elevation and associated
flood factors. Any or all of the following floodproofing measures
may be required.
(a)
Anchorage to resist flotation, collapse, and lateral movement.
(b)
Installation of watertight doors, bulkheads and shutters or
similar devices.
(c)
Reinforced walls to resist water pressures.
(d)
Use of paints, membranes or mortars to reduce seepage of water
through walls.
(e)
Addition of weight to structure to resist flotation.
(f)
Installation of pumps to lower water levels in structures.
(g)
Pumping facilities or comparable measures for the subsurface
drainage systems of buildings to relieve external foundation wall
and basement flood pressures.
(h)
Construction that the resists rupture or collapse caused by
water pressure or floating debris.
(i)
Installation of valves or controls on sanitary and storm drains
which will permit the drains to be closed to prevent backup of sewage
or stormwaters into the structure. Gravity drainage of basements may
be eliminated by mechanical devices.
(j)
Location of all electrical equipment, circuit and installed
equipment electrical appliances in a manner which will assure they
are not subject to inundation and flooding.
(k)
Storage facilities for chemicals, explosives, buoyant materials,
flammable, liquids or other toxic or hazardous materials shall be
situated above the base flood elevation and shall be floodproofed
to prevent flotation of storage containers or damage to storage containers
which could result in the escape of toxic materials into the floodwaters.
(5)
Materials prohibited in channels, floodways, and flood fringe
areas. No person shall hereafter engage in, cause or other permit
persons to engage in prohibited uses within a delineated flood plain.
The following uses shall be prohibited:
(a)
Placing, depositing, or dumping any solid waste, garbage, refuse,
trash, rubbish, or debris.
(b)
Dumping or discharging untreated domestic sewage or industrial
wastes, either solid or liquid.
(c)
The storage or disposal of pesticides.
(d)
The storage or processing of materials that are, in time of
flooding, buoyant, flammable or explosive.
(e)
The storage or processing of hazardous materials that could
be injurious in time of flooding to human, animal or plant life.
(6)
Pre-existing nonconforming structures and uses.
(a)
Structures or land uses in any flood plain which existing on
or before the effective date of this Chapter may be permitted to continue,
subject to the following conditions:
[i]
If any pre-existing structure is destroyed by any means, including
floods, to an extent of 50% or more of its replacement cost at time
of destruction, it shall not be reconstructed, except in conformity
with the provisions of this Chapter.
[ii]
No pre-existing structure shall be moved, altered,
expanded, changed or enlarged unless the provisions of this Chapter
are compiled with. This provision does not apply to routine maintenance
and repair, provided that such maintenance and repair does not increase
the flood damage potential of the structure.
[iii]
In any portion of the flood plain an existing
nonconforming use or structure may be altered or expansion does not
increase its ground coverage or flood damage potential.
(b)
If actual construction of a structure is underway on or before the effective date of this Chapter, then such construction may be completed. "Actual construction" is hereby defined to include the placing of construction materials in a permanent position and fastened in a permanent manner. The provisions of § 17-41.4b(6)(a) above shall apply to such structures upon completion of construction.
(c)
Structures in the floodway abandoned for six consecutive months
or longer and structures abandoned for 12 consecutive months or longer
in the flood fringe area after the effective date of this chapter
shall not qualify as pre-existing uses.
(7)
Flood map. The Board, after proper investigation, survey and
public hearing, may recommend amendments to the Department of Housing
and Urban Development Flood Map.
a.
Variances for Flood Plain Areas.
(1)
The issuance of a variance is for flood plain management purposes
only and is subject to applicable state and federal laws and regulations.
The Board, after examining the applicant's hardships, shall approve
or disapprove a variance request.
(2)
The Federal Insurance Administrator may review the Board's findings
justifying the granting of variances, and if that review indicates
a pattern inconsistent with the objectives of sound flood plain management,
the Federal Insurance Administrator may take appropriate action as
set forth in Section 1909.24, Paragraph (b), of Federal Register,
Volume 41, No. 207, dated Tuesday, October 26, 1976.
(3)
Variances may be issued by the Board for the reconstruction, rehabilitation,
or restoration of structures listed on the National Register of Historic
Places or a State Inventory of Historic Places without regard to the
procedures set forth in this section.
(4)
Procedures for the granting of variances by the Board are as follows:
(a)
Variances shall not be issued by the Board within any designated
regulatory floodway if any increase in flood levels during the base
flood discharge would result.
(b)
Variances may be issued by the Board only for the replacement
or reconstruction of existing nonconforming structures and for additions
of not more than 150 square feet to existing residential structures
on lots of 1/2 acre or less in size contiguous to and surrounded by
lots with existing structures constructed below the base flood elevation,
in conformance with the procedures of this section.
(c)
Variances shall only be issued by the Board upon:
[i]
A showing of good and sufficient cause by the applicant.
[ii]
A determination that failure to grant the variance would result
in exceptional hardship to the applicant.
[iii]
A determination that the granting of a variance
will not result in increased flood heights, additional threats to
public safety, extraordinary public expense, create nuisances, cause
fraud on or victimization of the public or conflict with existing
local laws or ordinances.
(d)
Variances shall only be issued after public hearing as required
upon determination that the variance is the minimum necessary to afford
relief considering the flood hazard.
(e)
The Board shall notify the applicant in writing that:
[i]
The issuance of a variance to construct a structure below the
base flood level will result in increased premium rates for flood
insurance up to amounts as high as $25 for $100 of insurance coverage.
[ii]
Such construction below the base flood elevation increase risks
to life and property. Such notification shall be maintained with a
record of all variance actions.
(g)
The burden of proof to establish all of the elements required
for the issuance of a variance shall be upon the applicant, who shall
prove these elements by expert testimony and documentation.
If any person shall be aggrieved by the action of the Board,
Construction Official or Borough Engineer, an appeal in writing to
the Governing Body may be taken within 10 days after the date of such
action. The Governing Body shall fix and notify the appellant of a
time and place for a public hearing to be published in the official
newspaper of the Borough at least 10 days prior to the hearing. All
parties in interest shall be afforded an opportunity to be heard there.
After such hearing, the Governing Body shall affirm or reverse the
action of the Board, Construction Official or Borough Engineer, stating
its findings and reasons for its action, and a written copy of such
action shall be given to the appellant.
a.
Administration and Enforcement of Stormwater and Flood Plain Regulations.
(1)
The administration and enforcement of the provisions of this Article
relating to the construction, erection, maintenance and continued
operation at design capacity of stormwater detention facilities and
other facilities, structures, devices, and techniques required to
carry out the objectives of this Article shall be the responsibility
of the Borough Engineer.
(2)
Failure to maintain any stormwater detention facility, structure
or device at design capacity or to carry out required procedures or
techniques shall be considered a violation of this Article.
(3)
The Borough Engineer shall obtain, maintain, review and reasonably
utilize any base flood elevation data available from any federal,
state, or other source, until such other data has been provided by
the Federal Insurance Administrator.
(4)
The Borough Engineer shall maintain a permanent record of on-site
water detention facilities in the Borough of Mount Arlington and shall
make periodic inspections to determine that these facilities are being
maintained at design capacities.
(5)
The permanent record maintained by the Borough Engineer shall include
the following information: elevation in feet above sea level of the
lowest habitable floor and basement of all new construction and substantial
improvements; and elevation to which a structure has been floodproofed.
These records shall be made available for public inspection and be
supplied upon request for the purpose of determining flood insurance
premium rates.
(6)
The Borough Engineer shall serve notice on the owner or occupant
to correct any violation of this Article within 30 days. Upon failure
of said owner or occupant to correct such violation, the Borough shall
prosecute a complaint to correct such violation before the Municipal
Judge.
