[Ord. 6/6/02, § 16-1.1; Ord. No. 12-012G, § 2]
This section shall be known as and may be cited as the "Environmental
Tree Protection Ordinance of the Borough of Rumson."
[Ord. 6/6/02, § 16-1.2; Ord. No. 12-012G, § 2]
The purpose of this chapter is to preserve trees and woodlands
throughout the Borough, and to restrict the removal of trees, thereby
maintaining the beauty and character of the Borough of Rumson, preventing
erosion, and restricting any action that could create a hazard to
persons or properties.
[Ord. 6/6/02 § 16-1.3; Ord. 5/19/05 § 1; Ord. No. 12-012G § 2; Ord. No. 14-010G § 7; Ord. No. 17-010G § 5]
For the purpose of this section, the following terms, phrases,
words and their derivations shall have the meaning given herein. When
not inconsistent with the context, words used in the present tense
include the future, words in the plural number include the singular
and words in the singular number include the plural number. The word
"shall" is always mandatory and not merely directory.
Shall mean any person making application to the Tree Conservation
Officer for a Tree Protection Permit.
Shall mean the removal of more than 20% of the total number
of trees, six inches in caliper or greater of any type of trees within
an area on a lot and located outside of the necessary footprint as
defined below.
Shall mean the diameter of a tree measured at breast height,
which is approximately four and one-half (4 1/2) feet above the
ground. The diameter of a multi-trunked tree shall be 2/3 of the sum
of the diameters of all trunks but not less than the diameter of the
largest trunk. Diameter shall be calculated to be 1/3 of the circumference
for the purpose of this definition.
Shall mean any unforeseen circumstance or occurrence, the
existence of which constitutes a clear and immediate danger or hazard
to person or property.
Shall mean a plan prepared by a qualified person acceptable
to the Tree Conservation Officer showing the planting of replacement
trees on the property on which tree removal activity is taking place
or on other properties within the Borough. Said plan must depict,
in a manner acceptable to the Tree Conservation Officer, a reasonable
scheme for the ultimate full replacement of trees removed.
Shall mean the portion of the lot located within a line drawn
15 feet outside the limits of any existing principal structure or
any proposed principal structure for which site plan approval has
been granted or a valid building permit or other necessary municipal
approval exists; and within five feet outside the limit of any existing
accessory structure or any proposed accessory building and/or accessory
structure for which site plan approval has been granted or a valid
building permit or other necessary municipal approval exists.
See Tree, ornamental.
Shall mean any person who has been issued a permit pursuant
to the terms and conditions of this section and who is obligated to
fulfill all the terms of this section.
Shall mean any person, firm, partnership, association, corporation,
company, or public or private organization of any kind other than
those exempted from the provisions of this section.
Shall mean any tree or ornamental tree with a diameter at
breast height (DBH) exceeding 60% of that of the largest similar tree
listed in either of these references: Monmouth County's Largest Trees,
prepared and updated annually by the Monmouth County Shade Tree Commission
of New Jersey's Big Trees, prepared and updated biannually by the
Division of Parks and Forestry of the New Jersey Department of Environmental
Protection.
Shall mean the removal of undesirable, competitive, diseased
or damaged trees so as to improve the development of the remaining
trees on a lot.
Shall mean any living deciduous or coniferous (evergreen)
tree which is six inches in caliper or greater, with a normally anticipated
mature height of 20 feet or greater.
Shall mean the person designated by resolution of the Borough
Council to administer and enforce this section. If no such person
is designated, the Borough Clerk or the Clerk's designee shall act
as Tree Conservation Officer.
Shall mean a specialist in trees or tree care whose qualifications
are acceptable to the Tree Conservation Officer.
Shall mean any living Dogwood, American Holly, Native Laurel
and any other small decorative tree with a normally anticipated mature
height of six feet or greater (including, but not limited to: Birch,
Japanese Maple, Cherry, Crabapple, and Magnolia).
Shall mean any deciduous hardwood shade tree whose center
point at ground level is located within the Borough or County right-of-way.
[Ord. 6/6/02 § 16-1.4; Ord. No. 12-012G § 2; Ord. No. 14-010G § 7; amended 12-13-2022 by Ord. No.
22-007G]
The activities described in this subsection and any substantially
similar activity are prohibited activities:
a.
Removing, causing or permitting the removal of any significant specimen tree as defined in subsection 16-1.3 above without first obtaining variance relief.
b.
Removing,
causing or permitting the removal of any tree having a trunk diameter
of six inches DBH or larger without first obtaining a tree removal
permit.
d.
Clear cutting or the removal of more than 20% of the total number of trees, six inches in caliper or greater of any size or type of trees within an area on a lot and located outside of the necessary footprint as defined in subsection 16-1.3 or removal of 20% of the trees on slopes steeper than 15%.
e.
Undertaking, causing or permitting any activities including occupancy,
demolition or construction on, or adjacent to, any lot which may damage;
or otherwise causing or permitting any damage, injury or disfigurement
to any tree or ornamental tree described in paragraph a above.
f.
Removing or damaging any street tree without authorization from the
Borough of Rumson.
[Ord. 6/6/02, § 16-1.5; Ord. No. 12-012G, § 2; amended 12-13-2022 by Ord. No.
22-007G]
a.
No person shall engage in, nor allow, permit or direct any person
to engage in, the removal of any tree six inches in caliper or greater
unless a tree protection permit is first obtained from the Tree Conservation
Officer.
[Ord. 6/6/02, § 16-1.6; Ord. 5/19/05, § 2; Ord. No. 08-016G, § 1; Ord. No. 12-012G, § 2]
a.
Application for a tree protection permit shall consist of:
1.
A fully and accurately completed application form provided by the
Borough.
2.
A plan showing the location of all existing trees six inches in caliper and greater within 10 feet of the proposed limits of disturbance (including all trees located within the necessary footprint) and all proposed tree removal in sufficient detail to identify the nature and limits of the proposed tree removal, including but not limited to the location, species and diameter of all tree removals and the limits of all existing and proposed principal structure's accessory structures in relation to any removals and any proposed grade changes. All trees described in subsection 16-1.4a,1 or 2 shall be shown on a plan if construction or any disturbance is proposed within 10 feet of the canopy line of such trees. For removals of five or fewer trees on a lot where the principal use is an existing single-family dwelling, the plan may be provided using a legible sketch, detailed narrative, a tax map reproduction, a copy of an existing survey or similar drawing with field measurements and dimensions provided by the property owner or the owner's agent. For other removals, the plan shall be prepared by a qualified professional, acceptable to the Tree Conservation Officer.
3.
A narrative description of the property owner's reasons for removing
the trees, including a description of any alternates considered.
4.
A signed evaluation and recommendation from a tree expert, whose
qualifications are acceptable to the Tree Conservation Officer, shall
be provided if the reasons for the removal include the removal of
dead or diseased trees or a horticulturally advantageous thinning
or an overgrown area.
5.
A tree protection permit application fee:
(a)
For applications on a lot containing an existing single-family
dwelling, not subject to a contract to sell, an option or agreement
to buy or a similar agreement, and where no change of title has taken
place within the prior calendar year:
[Amended 12-13-2022 by Ord. No. 22-007G]
(c)
Fees may be waived or modified by the Borough Council for charitable,
public or quasi-public agencies or for eleemosynary institutions or
in unusual and exceptional circumstances.
(d)
Cost for the Borough's Independent Expert evaluation shall be
borne by the applicant.
b.
The applicant will place or cause to be placed, in a highly visible
manner, a one inch wide yellow paint dot that is marked on the trunk
of each tree proposed for removal, to aid the Borough in evaluating
the proposed removals.
c.
The Tree Conservation Officer may seek the advice of such Borough
officials, agencies, committees, boards, commissions, and independent
Borough Tree Expert, as the Officer may believe necessary in evaluating
a permit application.
d.
After evaluation of an application, the Tree Conservation Officer
will take one of the following actions within the time set forth:
1.
If the Officer determines that the permit application is incomplete,
unclear, inaccurate or otherwise deficient, the Officer shall so advise
the applicant and return the permit application within 10 days of
the date of application. The applicant may revise, supplement and/or
resubmit the application, which will then be treated as a new application
except no additional fee is required.
3.
If the Officer determines that the proposed activity is prohibited by the standards set forth in subsection 16-1.4, the application may be referred to the Planning Board or Zoning Board of Adjustment (if in conjunction with an application under the jurisdiction of the Zoning Board of Adjustment) for review and recommendation pursuant to N.J.S.A. 40:55D-25b(3) within 60 days of the date of application. The Officer shall issue or deny a permit for a prohibited activity within 90 days of the application.
4.
In issuing permits under this section, the Officer and or Planning
Board or Zoning Board of Adjustment may impose reasonable permit conditions
necessary to effectuate the purposes of this section.
e.
Any applicant aggrieved by any decision taken by the Tree Conservation
Officer in the administration and/or enforcement of this section may,
within 10 days of the date of action of the Officer, appeal to the
Planning Board. The Planning Board may establish procedures to hear
such appeals and shall render a decision affirming, reversing and/or
modifying the decision or action of the Tree Conservation Officer
within 90 days of the date of appeal. In hearing such appeals, the
Planning Board may seek the opinion of the Shade Tree Committee, the
Environmental Commission or any other State, County or municipal agency
or official.
[Ord. 6/6/02, § 16-1.7; Ord. 5/19/05, § 3; Ord. No. 12-012G, § 2]
a.
When reviewing applications, the Tree Conservation Officer will,
after inspecting and evaluating the conditions on the site and adjacent
properties and consulting with such other officials, agencies, committees,
boards and commissions as the Officer deems appropriate, determine
if the activity proposed is prohibited, or permitted in accordance
with this section.
1.
Prohibited activities include:
(b)
Removal of a significant specimen tree.
(c)
Any action which will substantially increase the potential of
erosion as defined by the applicable Soil Conservation District Standards.
(d)
Any action inconsistent with other land use approvals or regulations
affecting the site.
(e)
Any action which would create a potential hazard to persons
or properties.
2.
Permitted activities include:
(a)
Removal and or thinning of any trees less than six inches in
caliper.
(c)
Any action, including tree removals, required or permitted pursuant
to subdivision, site plan and/or variance approval granted by a municipal
agency acting under the Municipal Land Use Law and local ordinances.
(d)
Removal of dead, dying or diseased trees or which constitutes
a horticulturally advantageous thinning of an existing overgrown area
with the approval of the Borough's Tree Conservation Officer.
3.
Restricted activities include:
(a)
All tree removal activities, which are not permitted, are prohibited.
Applications may propose a combination of prohibited, and permitted
activities. In such cases, the Tree Conservation Officer may segregate
the activities proposed and take the appropriate action on each type
of activity.
(b)
Applications for restricted activities shall be referred to
the Planning Board or Zoning Board in conjunction with applications
under the jurisdiction of the Zoning Board of Adjustment for recommendation
to the Tree Conservation Officer.
b.
The Planning Board or Zoning Board of Adjustment shall consider these
factors in making a recommendation to the Tree Conservation Officer
concerning a restricted activity:
1.
Whether the proposed cutting or removal would impair the growth and
redevelopment of the remaining trees on the applicant's property or
adjacent property.
2.
Whether the proposed cutting or removal would change existing drainage
patterns.
3.
Whether the proposed removal would allow soil erosion or increase
dust.
4.
Whether the proposed removal would constitute a significant change
in the screening between existing or proposed buildings on contiguous
lots or the aspect of the lot as viewed from the adjacent public road.
5.
The overall effect of removal of such tree(s) on the physical and
aesthetic value of the property and the neighborhood.
6.
Whether proposed changes in the topography of the area where such
tree(s) are located will have a land configuration which shall be
deemed injurious to the trees or other trees located nearby so as
to require welling, construction of an aerification system, or tree
removal or replacement.
7.
Whether the proposed changes in topography are required to comply
with the minimum Base Flood Elevation as shown on the FEMA Flood Insurance
Rate Maps.
8.
Whether a mitigation plan is required. The purpose of such a plan
shall be the ultimate replacement on the property of the trees being
removed, giving due consideration to a reasonable maturity period
for new plantings, and the maintenance at all times of at least 20%
of the existing trees (outside of the necessary footprint) on a lot
in the existing state.
9.
Whether alternative plans, which eliminate or reduce undesirable
impacts, but provide reasonable use of the property are possible,
technically practicable and financially feasible. In particular, the
Board will consider if the removal of any trees is unavoidable and
whether tree removal in excess of 20% is unavoidable.
10.
Whether reasonable application of the standards of this section creates
a substantial hardship for the applicant, prohibiting reasonable use
of the property consistent with the Planning and Development Regulations,
and whether, therefore, one or more of the standards should be waived.
11.
In appropriate circumstances, an applicant may be required to post performance guarantees, performance cash bonds and/or maintenance guarantees, in accordance with Chapter 22, subsection 22-10.1, assuring compliance with the provisions of any tree protection permit and this section and assuring provision of replacement plantings required by any mitigation plan or damaged or removed contrary to the terms of any tree protection permit or this section.
c.
The Tree Conservation Officer shall give due deference to the recommendations
of the Planning Board or Zoning Board of Adjustment with regard to
an application for a permit to allow a restricted activity. The Officer
may only act contrary to, or significantly modify, the recommendations
of the Planning Board or Zoning Board of Adjustment if the Officer
finds that the recommendations are based on incomplete or inaccurate
information, are unreasonable or impracticable or would produce results
contrary to the intent of this section. The Officer shall provide
the Planning Board or Zoning Board of Adjustment with a copy of the
Officer's final action on all permits for a restricted activity for
their approval.
[Ord. No. 12-012G, § 2]
a.
Not more than the number of tree(s) as set forth in Exhibit A shall
be removed on any lot unless the tree(s) are replaced with tree(s)
the total DBH of which is equal to at least 30% of the total DBH inches
of the tree(s) removed.
|
Exhibit A
MAXIMUM NUMBER OF TREES THAT CAN BE REMOVED WITHOUT TREE MITIGATION
REQUIREMENTS
| |
|---|---|
|
R-1 Zone
|
Eight Trees or Less
|
|
R-2 Zone
|
Six Trees or Less
|
|
R-3 Zone
|
Four Trees or Less
|
|
R-4 Zone
|
Three Trees or Less
|
|
R-5 Zone
|
Two Trees or Less
|
|
R-6 Zone
|
One Tree
|
b.
No replacement tree shall have a DBH less than two inches.
c.
All replacement trees shall be installed on the subject site. If
in the opinion of the Tree Conservation Officer, sufficient space
is not available on the subject property, the trees may be installed
on an alternate site within the Borough, acceptable to the Tree Conservation
Officer; however, the Tree Conservation Officer may waive this requirement
when in its opinion it is in the best interest of the Borough, subject
to the applicant posting a contribution in the amount of $500 per
tree. Funds collected by the Borough from applicants as a result of
waivers shall be maintained in a shade tree account, the proceeds
of which shall be available to install and maintain shade trees throughout
the Borough.
d.
Tree replacement and/or tree mitigation shall be shown on a landscape
plan or other document shall be prepared by a qualified professional,
acceptable to the Tree Conservation Officer.
e.
The Tree Conservation Officer shall seek the advice of such Borough
officials, agencies, committees, boards, commissions, or independent
Borough Tree Experts, as the Officer may believe necessary in evaluating
the mitigation plan.
f.
An applicant shall be required to post performance cash and maintenance guarantees, in accordance with Chapter 22, subsection 22-10.1, to assure compliance with the provisions of any tree protection permit and this section and assuring provision of replacement plantings required by any mitigation plan or trees damaged or trees removed contrary to the terms of any tree protection permit or this section.
g.
These
requirements are based on the prior three years from date of application
[Added 12-13-2022 by Ord. No. 22-007G]
[Ord. 6/6/02, § 16-1.8; Ord. 5/19/05, § 4; Ord. No. 12-012G, § 2; Ord. No. 14-010G § 7]
In connection with any construction, subsequent to tree clearing
but prior to the start of other construction, snow fencing or other
protective barrier acceptable to the Construction Official and/or
Tree Conservation Officer, shall be placed around trees and street
trees that are not to be removed. The protective barrier shall be
placed at the drip line (or canopy line) of any tree and shall remain
in place until all construction activity is terminated. No equipment,
chemicals, soil deposits or construction material shall be placed
within any areas so protected by barriers. Any landscaping or utility
activities subsequent to the removal of the barriers shall be accomplished
with light machinery or hand labor. Tree protection measures shall
be in place prior to the issuance of any tree removal permit or building
permit.
[Ord. 6/6/02, § 16-1.9; Ord. No. 12-012G, § 2]
In the event of an emergency, any person, otherwise subject
to this section, having responsibility, jurisdiction and/or authority
to cure, remedy or mitigate dangerous, hazardous, inconvenient, unhealthy
or obnoxious conditions resulting from the emergency may, without
first applying for and obtaining a permit under this section, take
any lawful action which is otherwise a tree removal activity. However,
such person, or the agent or designee of such person shall apply for
a tree protection permit not later than the end of the second succeeding
business day after any tree removal activity takes place and may not
proceed with non-emergency work including restoration until a permit
is obtained.
[Ord. 6/6/02, § 16-1.10; Ord. No. 12-012G, § 2]
This section shall not apply to prohibited activities by:
a.
The Borough or those acting under the control and direction of the
Borough including any person acting pursuant to a specific agreement
or contract approved by the Borough Council.
b.
Federal, State or County agencies or those acting under their control
and direction.
c.
Entities, having by their charters and the Laws of the State, authority
to engage in a prohibited activity without the consent of the Borough
but only insofar as the purpose to which such authority extends; in
all other respects, such entities shall comply with this section.
d.
Commercial nurseries and similar established legally operating uses.
e.
Properties operating under a silviculture or forestry management
plan approved by the State of New Jersey.
f.
Utility companies with public rights-of-way when such companies are
operating under the jurisdiction of the public agency controlling
the rights-of-way.
[Ord. 6/6/02, § 16-1.11; Ord. No. 08-016G, § 1; Ord. No. 12-012G, § 2]
a.
Any person(s), firm(s), or corporation(s) who violates any provision of this section shall, upon conviction thereof in Municipal Court, be punished by imposition of the penalties set forth in Chapter 3, Section 3-1.1 Property owner shall be subject to a fine of not less than $200, nor more than $2,000 and replacement of the tree, consistent with the chapter requirements.
Each instance of engaging in a separate tree removal activity,
in violation of this section, including specifically each tree removed,
shall be deemed a separate offense.
b.
In addition, the Borough may institute civil action for injunctive
or other relief to enforce the provisions of this section including
requiring the replacement of all trees illegally removed and/or, at
the option of the Borough, the payment of a contribution to allow
equivalent mitigation on public land.
[Ord. 12/15/05, § 1; Ord. No. 16-006G, § 10; amended 2-16-2021 by Ord. No. 21-002G]
This section shall be known as and may be cited as the "Stormwater
Management Ordinance of the Borough of Rumson."
[Ord. 12/15/05, § 1; Ord. No. 16-006G, § 10; amended 2-16-2021 by Ord. No. 21-002G]
a.
Policy Statement. Flood control, groundwater recharge, and pollutant
reduction 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," as defined below in Subsection 16-2.3.
c.
Applicability. This section shall be applicable to all developments
which:
2.
Meet or exceed the following stormwater management thresholds:
[Amended 12-13-2022 by Ord. No. 22-007G]
|
Stormwater Management Thresholds
| |||
|---|---|---|---|
|
A.
|
Residential Development
| ||
|
1.
|
Total lot disturbance, including new building and lot coverage,
soil disturbance and/or regrading, exceeds 40,000 square feet in the
R-1, R-2, or R-3 Zone Districts, or 7,000 square feet in other zone
districts; and/or
| ||
|
2.
|
New impervious surface exceeds 10,000 square feet; and/or
| ||
|
3.
|
A building permit is required and:
| ||
|
a.
|
Building or lot coverage exceeds 75% of the maximum permitted
in the R-1, R-2, or R-3 Zone Districts or 85% of the maximum permitted
in the other zone districts; and
| ||
|
b.
|
Building coverage added as a result of the development exceeds
1,200 square feet in the R-1, R-2, and R-3 Zone Districts or 400 square
feet in other zone districts.
| ||
|
4.
|
Aspects of residential major developments that are not preempted
by the Residential Site Improvement Standards at N.J.A.C 5:21.
| ||
|
B.
|
Nonresidential Development
| ||
|
1.
|
The development is a major development as defined in Subsection 16-2.3; and/or
| ||
|
2.
|
Lot coverage exceeds or will exceed 85% of the maximum permitted;
and
| ||
|
a.
|
Lot coverage added as a results of the development exceeds the
greater of 4,000 square feet or 60% of the maximum lot coverage permitted;
or
| ||
|
b.
|
Lot disturbance exceeds 10,000 square feet.
| ||
|
C.
|
This section shall also be applicable to all major developments
undertaken by the Borough of Rumson.
| ||
d.
Compatibility with Other Permit and Ordinance Requirements.
1.
Development approvals issued pursuant to this section 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.
2.
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.
[Ord. 12/15/05, § 1; Ord. No. 08-16G, § 1; Ord. No. 16-001G, § 7; Ord. No. 16-006G, § 10; amended 2-16-2021 by Ord. No. 21-002G]
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. 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 chapter.
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 in 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
wellhead 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 fourteen-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 1/4 acre or more of regulated impervious surface
since February 2, 2004;
The creation of 1/4 acre or more of regulated motor vehicle
surface since March 2, 2021 (or the effective date of this ordinance,
whichever is earlier); or
A combination of the items in Subsection a2 and 3 above that
totals an area of 1/4 acre or more. The same surface shall not be
counted twice when determining if the combination area equals 1/4
acre or more.
Major development includes all developments that are part of
a common plan of development or sale (for example, phased residential
development) that collectively or individually meet any one or more
of Subsection a1, 2, 3, or 4 above. Projects undertaken by any government
agency that otherwise meet the definition of "major development" but
which do not require approval under the Municipal Land Use Law, N.J.S.A.
40:55D-1 et seq., are also considered "major development."
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 Subsection 16-2.5f 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.
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 nonstormwater 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
groundwater 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.
[Ord. 12/15/05, § 1;
amended 2-16-2021 by Ord. No. 21-002G]
a.
Stormwater management measures for 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.
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 section apply only to new 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
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.
[Ord. 12/15/05, § 1;
amended 2-16-2021 by Ord. No. 21-002G]
a.
The development shall incorporate a maintenance plan for the stormwater management measures incorporated into the design of a major development in accordance with Subsection 16-2.12.
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 muhlenbergii (bog turtle).
c.
The following linear development projects are exempt from the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity requirements of Subsection 16-2.5p, 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 Subsection 16-2.5o, 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 Subsection 16-2.5d3 above within the upstream drainage area of the receiving stream, that would provide additional opportunities to mitigate the requirements of Subsection 16-2.5o, 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 Subsection 16-2.5o, 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
|
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% to 80%
|
No
|
No
|
—
|
|
(Notes corresponding to annotations (a) through (g) are found on 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
|
Stormwater Runoff Quantity
|
Groundwater Recharge
|
Minimum Separation from Seasonal High Water Table
(feet)
|
|
Bioretention system
|
80% or 90%
|
Yes
|
Yes(b)
No(c)
|
2(b)
1(c)
|
|
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% to 90%
|
Yes
|
No
|
N/A
|
|
(Notes corresponding to annotations (b) through (d) are found on 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
|
Stormwater Runoff Quantity
|
Groundwater Recharge
|
Minimum Separation from Seasonal High Water Table
(feet)
|
|
Blue roof
|
0%
|
Yes
|
No
|
N/A
|
|
Extended detention basin
|
40% to 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% to 90%
|
Yes
|
No
|
N/A
|
|
Notes to Tables 1, 2, and 3:
| |
|
(a)
|
Subject to the applicable contributory drainage area limitation specified at Subsection 16-2.5o2;
|
|
(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 Subsection 16-2.3;
|
|
(h)
|
Manufactured treatment devices that do not meet the definition of "green infrastructure" at Subsection 16-2.3.
|
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 Subsection 16-2.7b. Alternative stormwater management measures may be used to satisfy the requirements at Subsection 16-2.5o only if the measures meet the definition of "green infrastructure" at Subsection h. Alternative stormwater management measures that function in a similar manner to a BMP listed at Subsection 16-2.5o2 are subject to the contributory drainage area limitation specified at Subsection 16-2.5o2 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 Subsection 16-2.5o2 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 Subsection 16-2.5d is granted from Subsection 16-2.5o.
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 1/3 the width of the diameter of the orifice or 1/3 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 Subsection 16-2.9c;
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 Subsection 16-2.9; 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 § 16-2.3 may be used only under the circumstances described at Subsection 16-2.5o4.
k.
Any application for a new agricultural development that meets the definition of "major development" at § 16-2.3 shall be submitted to the Soil Conservation District for review and approval in accordance with the requirements at Subsections 16-2.5o, 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 Subsection 16-2.5p, 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 Monmouth County Clerk's Office. 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 Subsections 16-2.5o, 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 Subsection 16-2.12b5. 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 Subsection 16-2.5 of this section 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 Monmouth County Clerk's Office and shall contain a description and location of the stormwater management measure, as well as reference to the maintenance plan, in accordance with Subsection 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 Subsection 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 Subsection 16-2.5p and q, the design engineer shall utilize green infrastructure BMPs identified in Table 1 at Subsection 16-2.5f and/or an alternative stormwater management measure approved in accordance with Subsection 16-2.5g. The following green infrastructure BMPs are subject to the following maximum contributory drainage area limitations:
|
Best Management Practice
|
Maximum Contributory Drainage Area
|
|---|---|
|
Dry well
|
1 acre
|
|
Manufactured treatment device
|
2.5 acres
|
|
Pervious pavement systems
|
Area of additional inflow cannot exceed three times the area
occupied by the BMP
|
|
Small-scale bioretention system
|
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 Subsection 16-2.5d 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 Subsection 16-2.5g may be used to meet the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at Subsection 16-2.5p, 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 Subsection 16-2.5p, q and r, unless the project is granted a waiver from strict compliance in accordance with Subsection 16-2.5d.
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 Subsection 16-2.6, 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 Subsection p4 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; byproducts; 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 1/4 acre or more of regulated
motor vehicle surface.
2.
Stormwater management measures shall be designed to reduce the postconstruction
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 Subsection q2 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
|
|
11
|
0.01828
|
51
|
0.2783
|
91
|
1.1550
|
|
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
|
0.6250
|
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
eighty-percent 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 Subsections 16-2.5p, 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.
These 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 Subsection 16-2.6, 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 Subsection r2(a), (b) and (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.
[Ord. 12/15/05, § 1;
amended 2-16-2021 by Ord. No. 21-002G]
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/stelprdb1044171.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/2014NJSoilErosionControlStandardsComplete.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 Subsection 16-2.6a1(a) and the Rational and Modified Rational Methods at Subsection 16-2.6a1(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/gsr32.pdf,
or at New Jersey Geological and Water Survey, 29 Arctic Parkway, PO
Box 420 Mail Code 29-01, Trenton, New Jersey 08625-0420.
[Ord. 12/15/05, § 1;
amended 2-16-2021 by Ord. No. 21-002G]
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.
[Added 2-16-2021 by Ord.
No. 21-002G]
a.
Site design features identified under Subsection 16-2.5f above, or alternative designs in accordance with Subsection 16-2.5g 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 Subsection 16-2.8a2 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 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 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 Subsection a1 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:
(1)
A rectangular space 4 5/8 (4.625) inches long and 1 1/2
(1.5) inches wide (this option does not apply for outfall netting
facilities); or
(2)
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.
[Ord. 12/15/05, § 1;
amended 2-16-2021 by Ord. No. 002G]
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 Subsections 16-2.9c1, 2, and 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 Subsection 16-2.9c, a freestanding 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 foot to 1 1/2 feet above the permanent water surface. See Subsection e 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.
 |
[Ord. 12/15/05, § 1; Ord. No. 18-014G, § 2; amended 2-16-2021 by Ord. No. 21-002G]
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 Subsection 16-2.10c 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 section.
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
section.
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 floodplains 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 Subsections 16-2.4 through 16-2.6 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 Subsection 16-2.5 of this section.
(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 Subsection 16-2.12.
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 Subsections 16-2.10c1 through 6 of this section 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.
[Ord. 12/15/05, § 1; Ord. 16-006G, § 10; amended 2-16-2021 by Ord. No. 21-002G]
a.
The requirements of this subsection shall apply to development which exceeds the stormwater management threshold described in Subsection 16-2.2c2, but does not meet the definition of "major development."
b.
In lieu of complying with the general requirements of this subsection,
the applicant may:
1.
Demonstrate compliance with the requirements for major development set forth in Subsection 16-2.5; or
2.
Demonstrate that there will be no increase in either the peak rate
of runoff or the total volume of runoff from the site after development
when compared to predevelopment conditions through an engineered analysis
of the development.
c.
General Requirements.
1.
If the development requires major site plan or major subdivision
approval, the applicant must demonstrate that:
(a)
Neither the peak rate of runoff nor the total volume of runoff
after development will be more than 115% of the predevelopment rate
and volume; and
(b)
That a TSS reduction of 50% is obtained for residential development
and a TSS reduction of 70% is obtained for nonresidential or mixed-use
development.
2.
If the development does not require major site plan or major subdivision
approval, the applicant must demonstrate that:
(a)
All runoff from at least 90% of the roof area of all principal
and accessory building is recharged; and
(b)
Parking areas, drives, access aisles or other areas used by
motor vehicles are provided with a pervious paving system meeting
the standards of the New Jersey Stormwater Best Management Practices
Manual as follows:
(1)
At least 90% of the total area must be provided with the effective
equivalent of a paving system described as "permeable pavers without
storage."
(2)
If paving systems described as "porous paving" or "permeable
pavers with storage bed" are provided, they will be considered twice
as effective as "permeable pavers without storage" and must be provided
for at least 45% of the total area.
(3)
In sites which combine more than one system, twice the area
of "porous paving" and/or "permeable pavers with storage bed" plus
the area of "permeable pavers without storage" must be at least 90%
of the total area.
(d)
The recharge systems identified within Subsection c2(a) above shall be designed, at a minimum, to store the water quality storm (as defined in Subsection 16-2.5q4) without accounting for exfiltration during the storm event. This requirement does not replace a more restrictive or conservative design criteria based on existing conditions, proposed development, unique, unusual, and/or extraordinary circumstances.
3.
The applicant shall preserve and maintain a special water resource
protection area along all waters designated Category One at N.J.A.C.
7:9B, and perennial or intermittent streams that drain into or upstream
of the Category One waters as shown on the USGS Quadrangle Maps or
in the County Soil Surveys, within the associated HUC14 drainage area.
These areas shall be established for the protection of water quality,
aesthetic value, exceptional ecological significance, exceptional
recreational significance, exceptional water supply significance,
and exceptional fisheries significance of those established Category
One waters. These areas shall be designated and protected as follows:
(a)
The applicant shall preserve and maintain an undisturbed minimum special water resource protection area equal to the minimum required rear yard setback required by Chapter 22 of the Revised General Ordinances of the Borough. The special water resource protection area shall be provided on each side of the waterway, measured perpendicular to the waterway from the top of the bank outwards or from the centerline of the waterway where the bank is not defined, consisting of existing vegetation or vegetation allowed to follow natural succession is provided.
(b)
Encroachment within the designated special water resource protection area under Subsection 16-2.11c3(a) above shall only be allowed where previous development or disturbance has occurred (for example, active agricultural use, parking area or maintained lawn area). The encroachment shall only be allowed where applicant demonstrates that the functional value and overall condition of the special water resource protection area will be maintained to the maximum extent practicable.
(c)
All stormwater shall be discharged outside of and flow through
the special water resource protection area and shall comply with the
Standard for Off-Site Stability in the "Standards for Soil Erosion
and Sediment Control in New Jersey," established under the Soil Erosion
and Sediment Control Act, N.J.S.A. 4:24-39 et seq.
[Ord. 12/15/05, § 1; Ord. No. 16-006G, § 10; amended 2-16-2021 by Ord. No. 21-002G]
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 Subsection 16-2.12b3 above is not a public agency, the maintenance plan and any future revisions based on Subsection 16-2.12b7 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 Subsection 16-2.12b3 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
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.
10.
The posting of a two-year maintenance bond will be required for all
stormwater management control measures installed as part of a major
development.
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.
[Ord. 12/15/05, § 1; Ord. No. 08-16G, § 1; amended 2-16-2021 by Ord. No. 21-002G; 12-13-2022 by Ord. No. 22-007G]
[Added 2-16-2021 by Ord.
No. 21-002G]
Each section, subsection, sentence, clause and phrase of this
section is declared to be an independent section, subsection, sentence,
clause and phrase, and the finding or holding of any such portion
of this section to be unconstitutional, void, or ineffective for any
cause, or reason, shall not affect any other portion of this section.
[Added 2-16-2021 by Ord.
No. 21-002G]
This section shall be in full force and effect from and after
its adoption and any publication as required by law.
[Ord. 12/1/05, § 1]
The purpose of this section is to establish a yard waste collection
and disposal program in the Borough of Rumson, so as to protect public
health, safety, and welfare, and to prescribe penalties for the failure
to comply.
[Ord. 12/1/05, § 1]
For the purpose of this section, the following terms, phrases,
words and their derivations shall have the meanings stated herein
unless their use in the text of this section clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory.
Shall mean the placement of yard waste in biodegradable bags
only, such as to prevent the yard waste from spilling or blowing out
into the street and coming into contact with stormwater.
Shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
Shall mean any street, avenue, boulevard, road, parkway,
viaduct, drive, or other way, which is an existing State, County,
or municipal roadway, and includes the land between the street lines,
whether improved or unimproved, and may comprise pavement, shoulders,
gutters, curbs, sidewalks, parking areas, and other areas within the
street lines.
Shall mean leaves, brush, and thatch, but does not include
grass clippings.
[Ord. 12/1/05, § 1]
Sweeping, raking, blowing or otherwise placing yard waste that
is not containerized at the curb or along the street is only allowed
during the seven days prior to a Borough scheduled and announced collection,
and shall not be placed closer than 10 feet from any storm drain inlet.
Placement of such yard waste at the curb or along the street at any
other time, or in any other manner is a violation of this section.
If such placement of the yard waste occurs, the party responsible
for placement of the yard waste must remove the yard waste from the
street or said party shall be deemed in violation of this section.
[Ord. 12/1/05, § 1]
The owner or occupant of any residential property shall provide
biodegradable bags for contractors of such owner or occupant engaged
to provide lawn care or landscaping services should the schedule of
work on the property preclude compliance with "seven day rule" for
placement of yard waste along the street.
[Ord. 12/1/05, § 1]
a.
Placement of grass clippings at the curb or along the street at any
time.
b.
Placement of yard waste at curb or along the street prior to Borough
scheduled periods as specified in this section.
c.
Placement of brush at the curb or along the street from November
through March of the following year.
d.
Placement of leaves at the curb or along the street in the months
of January, February, March, July and August.
e.
Placement of yard waste within 10 feet from any storm drain.
f.
Containers shall not be placed at street curb at any time except
on the Borough scheduled pickup date.
[Ord. 12/1/05, § 1; Ord. No. 08-016G, § 1]
The provisions of this section shall be enforced by the Police
Department of the Borough of Rumson or Code Enforcement.
[Ord. 12/1/05, § 1; Ord. No. 08-016G, § 1]
[Ord. 12/1/05, § 1]
The purpose of this section is to establish requirements for
the proper handling of yard waste in the Borough of Rumson, so as
to protect public health, safety and welfare, and to prescribe penalties
for the failure to comply.
[Ord. 12/1/05, § 1]
For the purpose of this section, the following terms, phrases,
words and their derivations shall have the meanings stated herein
unless their use in the text of this section clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory.
Shall mean the placement of yard waste in biodegradable bags
only, such as to prevent the yard waste from spilling or blowing out
into the street and coming into contact with stormwater.
Shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
Shall mean any street, avenue, boulevard, road, parkway,
viaduct, drive or other way, which is an existing State, County, or
municipal roadway, and includes the land between the street lines,
whether improved or unimproved, and may comprise pavement, shoulders,
gutters, curbs, sidewalks, parking areas, and other areas within the
street lines.
Shall mean leaves, brush, and thatch, but does not include
grass clippings.
[Ord. 12/1/05, § 1]
The owner or occupant of any property, or any employee or contractor
of such owner or occupant engaged to provide lawn care or landscaping
services, shall not sweep, rake, blow or otherwise place yard waste,
unless the yard waste is containerized, at the curb or along the street,
which shall be only allowed during the seven days prior to a Borough
scheduled and announced collection, and shall not be placed closer
than 10 feet from any storm drain inlet. If yard waste that is not
containerized is placed in the street, the party responsible for placement
of yard waste must remove the yard waste from the street or said party
shall be deemed in violation of this section.
[Ord. 12/1/05, § 1; Ord. No. 08-016G, § 1]
The provisions of this section shall be enforced by the Police
Department or Code Enforcement.
[Ord. 12/1/05, § 1; Ord. No. 08-016G, § 1]
[Ord. 12/1/05, § 1]
The purpose of this section is to establish requirements for
the proper disposal of pet solid waste in the Borough of Rumson, so
as to protect public health, safety and welfare, and to prescribe
penalties for failure to comply.
[Ord. 12/1/05, § 1]
For the purpose of this section, the following terms, phrases,
words and their derivations shall have the meanings stated herein
unless their use in the text of this section clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory.
Shall mean that the pet solid waste is removed at once, without
delay.
Shall mean any person who shall possess, maintain, house
or harbor any pet or otherwise have custody of any pet, whether or
not the owner of such pet.
Shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
Shall mean a domesticated animal (other than a disability
assistance animal) kept for amusement or companionship.
Shall mean waste matter expelled from the bowels of the pet;
excrement.
Shall mean placement in a designated waste receptacle, or
other suitable container, and discarded in a refuse container which
is regularly emptied by the municipality or some other refuse collector;
or disposal into a system designed to convey domestic sewage for proper
treatment and disposal.
[Ord. 12/1/05, § 1]
All pet owners and keepers are required to immediately and properly
dispose of their pet's solid waste deposited on any property, public
or private, not owned or possessed by that person.
[Ord. 12/1/05, § 1]
Any owner or keeper who requires the use of a disability assistance
animal shall be exempt from the provisions of this section while such
animal is being used for that purpose.
[Ord. 12/1/05, § 1; Ord. No. 08-016G, § 1]
The provisions of this section shall be enforced by the Police
Department of the Borough of Rumson, Code Enforcement or Animal Control.
[Ord. 12/1/05, § 1; Ord. No. 08-016G, § 1]
[Ord. 12/1/05, § 1; Ord. No. 13-009G]
The purpose of this section is to prohibit the feeding of unconfined
wildlife in any public park or on any other property owned or operated
by the Borough of Rumson or on any other private property, so as to
protect public health, safety and welfare, and to prescribe penalties
for failure to comply.
[Ord. 12/1/05 § 1; Ord. No. 13-009G]
For the purpose of this section, the following terms, phrases,
words and their derivations shall have the meanings stated herein
unless their use in the text of this section clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory.
Shall mean to give, place, expose, deposit, distribute or
scatter any edible material with the intention of feeding, attracting
or enticing wildlife. Feeding does not include baiting in the legal
taking of fish and/or game.
Shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
Shall mean all animals that are not domesticated and shall
include wild (feral) cats; wildlife shall exclude songbirds.
[Ord. 12/1/05 § 1; Ord. No. 13-009G]
No person shall feed, in any public park or on any other property
owned or operated by the Borough of Rumson or on any other private
property, any wildlife, excluding confined wildlife (for example,
wildlife confined in zoos, parks or rehabilitation centers, or unconfined
wildlife at environmental education centers).
[Ord. 12/1/05, § 1; Ord. No. 08-016G, § 1]
This section shall be enforced by the Police Department or Code
Enforcement of the Borough of Rumson.
[Ord. 12/1/05, § 1; Ord. No. 08-016G, § 1]
[Ord. 12/1/05, § 1]
The purpose of this section is to establish requirements to
control littering in the Borough of Rumson, so as to protect public
health, safety and welfare, and to prescribe penalties for the failure
to comply.
[Ord. 12/1/05, § 1]
For the purpose of this section, the following terms, phrases,
words and their derivations shall have the meanings stated herein
unless their use in the text of this section clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory.
Shall mean any used or unconsumed substance or waste material
which has been discarded, whether made of aluminum, glass, plastic,
rubber, paper, or other natural or synthetic material, or any combination
thereof, including, but not limited to, any bottle, jar or can, or
any top, cap or detachable tab of any bottle, jar or can, any unlighted
cigarette, cigar, match or any flaming or glowing material or any
garbage, trash, refuse, debris, rubbish, grass clippings or other
lawn or garden waste, newspapers, magazines, glass, metal, plastic
or paper containers or other packaging or construction material, but
does not include the waste of the primary processes of mining or other
extraction processes, logging, sawmilling, farming or manufacturing.
Shall mean a container suitable for the depositing of litter.
Shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
[Ord. 12/1/05, § 1]
a.
It shall be unlawful for any person to throw, drop, discard or otherwise
place any litter of any nature upon public or private property other
than in a litter receptacle, or having done so, to allow such litter
to remain.
b.
Whenever any litter is thrown or discarded or allowed to fall from
a vehicle or boat in violation of this section, the operator or owner,
or both, of the motor vehicle or boat shall also be deemed to have
violated this section.
[Ord. 12/1/05, § 1; Ord. No. 08-016G, § 1]
This section shall be enforced by the Police Department or Code
Enforcement of the Borough of Rumson.
[Ord. 12/1/05, § 1; Ord. No. 08-016G, § 1]
[Ord. 12/1/05, § 1]
The purpose of this section is to prohibit the spilling, dumping,
or disposal of materials other than stormwater to the municipal separate
storm sewer system (MS4) operated by the Borough of Rumson, so as
to protect public health, safety and welfare, and to prescribe penalties
for the failure to comply.
[Ord. 12/1/05, § 1]
For the purpose of this section, the following terms, phrases,
words and their derivations shall have the meanings stated herein
unless their use in the text of this section clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory.
Shall mean a conveyance or system of conveyances (including
roads with drainage systems, municipal streets, catch basins, curbs,
gutters, ditches, manmade channels, or storm drains) that is owned
or operated by the Borough of Rumson or other public body, and is
designed and used for collecting and conveying stormwater. MS4s do
not include combined sewer systems, which are sewer systems that are
designed to carry sanitary sewage at all times and to collect and
transport stormwater from streets and other sources.
Shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
Shall mean water resulting from precipitation (including
rain and snow) that runs off the land's surface, is transmitted to
the subsurface, is captured by separate storm sewers or other sewerage
or drainage facilities, or is conveyed by snow removal equipment.
[Ord. 12/1/05, § 1]
The spilling, dumping, or disposal of materials other than stormwater
to the municipal separate storm sewer system operated by the Borough
of Rumson is prohibited. The spilling, dumping, or disposal of materials
other than stormwater in such manner as to cause the discharge of
pollutants to the municipal separate stormwater system is also prohibited.
[Ord. 12/1/05, § 1]
a.
Water line flushing and discharges from potable water sources.
b.
Uncontaminated groundwater (e.g., infiltration, crawl space or basement
sump pumps, foundation or footing drains, rising groundwaters).
c.
Air conditioning condensate (excluding contact and non-contact cooling
water).
d.
Irrigation water (including landscape and lawn watering runoff).
e.
Flows from springs, riparian habitats and wetlands, water reservoir
discharges and diverted stream flows.
f.
Residential car washing water, and residential swimming pool discharges.
g.
Sidewalk, driveway and street wash water.
h.
Flows from firefighting activities.
i.
Flows from rinsing of the following equipment with clean water:
1.
Beach maintenance equipment immediately following their use for their
intended purposes; and
2.
Equipment used in the application of salt and de-icing materials
immediately following salt and de-icing material applications. Prior
to rinsing with clean water, all residual salt and de-icing materials
must be removed from equipment and vehicles to the maximum extent
practicable using dry cleaning methods (e.g., shoveling and sweeping).
Recovered materials are to be returned to storage for reuse or properly
discarded.
Rinsing of equipment, as noted in the above situation is limited
to exterior, undercarriage, and exposed parts and does not apply to
engines or other enclosed machinery.
[Ord. 12/1/05, § 1; Ord. No. 08-016G, § 1]
This section shall be enforced by the Police Department or Code
Enforcement of the Borough of Rumson.
[Ord. 12/1/05, § 1; Ord. No. 08-016G, § 1]
[Ord. 12/1/05, § 1]
The purpose of this section is to prohibit illicit connections
to the municipal separate storm sewer system(s) operated by the Borough
of Rumson, so as to protect public health, safety and welfare, and
to prescribe penalties for the failure to comply.
[Ord. 12/1/05, § 1; Ord. No. 16-001G § 7]
For the purpose of this section, the following terms, phrases,
words and their derivations shall have the meanings stated herein
unless their use in the text of this section clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory. The definitions below are the same as or
based on corresponding definitions in the New Jersey Pollutant Discharge
Elimination System (NJPDES) rules at N.J.A.C. 7:14A-1.2.
Shall mean waste and wastewater from humans or household
operations.
Shall mean any physical or nonphysical connection that discharges
domestic sewage, non-contact cooling water, process wastewater, hydraulic
fracturing wastewater and/or solids or other industrial waste (other
than stormwater) to the municipal separate storm sewer system operated
by the Borough of Rumson, unless that discharge is authorized under
a NJPDES permit other than the Tier A Municipal Stormwater General
Permit (NJPDES Permit Number NJ0141852). Nonphysical connections may
include, but are not limited to, leaks, flows, or overflows into the
municipal separate storm sewer system.
Shall mean nondomestic waste, including, but limited to,
those pollutants regulated under Section 307(a), (b), or (c) of the
Federal Clean Water Act (33 U.S.C. § 1317(a), (b). or (c)).
Shall mean a conveyance or system of conveyances (including
roads with drainage systems, municipal streets, catch basins, curbs,
gutters, ditches, manmade channels, or storm drains) that is owned
or operated by the Borough of Rumson or other public body, and is
designed and used for collecting and conveying stormwater. MS4s do
not include combined sewer systems, which are sewer systems that are
designed to carry sanitary sewage at all times and to collect and
transport stormwater from streets and other sources.
Shall mean a permit issued by the New Jersey Department of
Environmental Protection to implement the New Jersey Pollutant Discharge
Elimination System (NJPDES) rules at N.J.A.C. 7:14A.
Shall mean water used to reduce temperature for the purpose
of cooling. Such waters do not come into direct contact with any raw
material, intermediate product (other than heat) or finished product.
Non-contact cooling water may however contain algaecides, or biocides
to control fouling of equipment such as heat exchangers, and/or corrosion
inhibitors.
Shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
Shall mean any water which, during manufacturing or processing,
comes into direct contact with or results from the production or use
of any raw material, intermediate product, finished product, byproduct,
or waste product. Process wastewater includes, but is not limited
to, leachate and cooling water other than non-contact cooling water.
Shall mean water resulting from precipitation (including
rain and snow) that runs off the land's surface, is transmitted to
the subsurface, is captured by separate storm sewers or other sewerage
or drainage facilities, or is conveyed by snow removal equipment.
[Ord. 12/1/05, § 1; Ord. No. 16-001G § 7]
No person shall discharge or cause to be discharged through
an illicit connection to the municipal separate storm sewer system
operated by the Borough of Rumson any domestic sewage, non-contact
cooling water, process wastewater, hydraulic fracturing wastewater
and/or solids or other industrial waste (other than stormwater).
[Ord. 12/1/05, § 1; Ord. No. 08-016G, § 1]
The provisions of this section shall be enforced by the Police
Department of the Borough of Rumson, Code Enforcement and the Superintendent
of Wastewater Management.
[Ord. 12/1/05, § 1; Ord. No. 08-016G, § 1]
Any person(s), firms(s) or corporation(s) who violates or neglects to comply with any provisions of this section or any rule or regulation pursuant thereto, shall be subject to the penalty as stated in chapter iii, section 3-1.
[Ord. No. 10-007G, § 1]
The purpose of this section is to establish requirements for
dumpsters and other refuse containers that are outdoors or exposed
to stormwater, requiring dumpsters and refuse containers to be covered
at all times and prohibits the spilling, dumping, leaking, or otherwise
discharge of liquids, semi-liquids or solids from the containers to
the municipal separate storm sewer system(s) operated by the Borough
of Rumson and/or the waters of the State so as to protect public health,
safety and welfare, and to prescribe penalties for the failure to
comply.
[Ord. No. 10-007G, § 1]
For the purpose of this section, the following terms, phrases,
words, and their derivations shall have the meanings stated herein
unless their use in the text of this section clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory.
Shall mean a conveyance or system of conveyances (including
roads with drainage systems, municipal streets, catch basins, curbs,
gutters, ditches, manmade channels, or storm drains) that is owned
or operated by the Borough of Rumson or other public body, and is
designed and used for collecting and conveying stormwater. "MS4s do
not include combined sewer systems, which are sewer systems that are
designed to carry sanitary sewage at all times and to collect and
transport stormwater from streets and other sources."
Shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
Shall mean any waste container that a person controls whether
owned, leased, or operated, including dumpsters, trash cans, garbage
pails, and plastic trash bags.
Shall mean water resulting from precipitation (including
rain and snow) that runs of the land's surface, is transmitted to
the subsurface, is captured by separate storm sewers or other sewerage
or drainage facilities, or is conveyed by snow removal equipment.
Shall mean the ocean and its estuaries, all springs, streams
and bodies of surface or groundwater, whether natural or artificial,
within the boundaries of the State of New Jersey or subject to its
jurisdiction.
[Ord. No. 10-007G, § 1]
Any person who controls, whether owned, leased, or operated,
a refuse container or dumpster must ensure that such container or
dumpster is covered at all times and shall prevent refuse from spilling
out or overflowing. Any person who owns, leases or otherwise uses
a refuse container or dumpster must ensure that such container or
dumpster does not leak or otherwise discharge liquids, semi-liquids
or solids to the municipal separate storm water sewer system(s) operated
by the Borough of Rumson.
[Ord. No. 10-007G, § 1]
a.
Permitted temporary demolition containers.
b.
Litter receptacles (other than dumpsters or other bulk containers).
c.
Individual homeowner trash and recycling containers.
d.
Refuse containers at facilities authorized to discharge stormwater
under a valid NJPDES permit.
e.
Large bulky items (e.g., furniture, bound carpet and padding, white
goods placed curbside for pickup).
This section shall be enforced by the Police Department or Code
Enforcement of the Borough of Rumson. (Ord. No. 10-007G, § 1]
[Ord. No. 10-007G, § 1]
[Ord. No. 10-007G, § 2]
The purpose of this section is to establish requirements for
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 Rumson so as to protect public health,
safety and welfare, and to prescribe penalties for the failure to
comply.
[Ord. No. 10-007G, § 2]
For the purpose of this section, the following terms, phrases,
words, and their derivations shall have the meanings stated herein
unless their use in the text of this section clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory.
Shall mean a conveyance or system of conveyances (including
roads with drainage systems, municipal streets, catch basins, curbs,
gutters, ditches, manmade channels, or storm drains) that is owned
or operated by the Borough of Rumson or other public body, and is
designed and used for collecting and conveying stormwater. "MS4s do
not include combined sewer systems, which are sewer systems that are
designed to carry sanitary sewage at all times and to collect and
transport stormwater from streets and other sources."
Shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
Shall mean an opening in a storm drain used to collect stormwater
runoff and includes, but is not limited to, a grate inlet, curb-opening
inlet, slotted inlet, and combination inlet.
Shall mean the ocean and its estuaries, all springs, streams
and bodies of surface or groundwater, whether natural or artificial,
within the boundaries of the State of New Jersey or subject to its
jurisdiction.
[Ord. No. 10-007G, § 2]
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 of 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:
[Ord. No. 10-007G, § 2]
Storm drain inlets identified in subsection 16-11.3 above shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets. For purposes of this paragraph, "solid and floatable materials" means sediment, debris, trash and other floating, suspended, or settleable solids. For exemptions to this standard see subsection 16-11.4d below.
a.
Design engineers shall use either of the following grates whenever
they use a grate in pavement or another ground surface to collect
stormwater from that surface into a storm drain or surface water body
under that grate:
1.
The New Jersey Department of Transportation (NJDOT) bicycle safe
grate, which is described in Chapter 2.4 of the NJDOT Bicycle Compatible
Roadways and Bikeways Planning and Design Guidelines (April 1996);
or
2.
A different grate, if each individual clear space in that grate has
an area of no more than seven (7.0) square inches, or is no greater
than one-half (0.5) inch across the smallest dimension.
b.
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 channel, and
stormwater basin floors.
c.
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 (2.0) or more clear spaces) shall have an area of
no more than seven (7.0) square inches, or be no greater than two
(2.0) inches across the smallest dimension.
d.
This standard shall not apply:
1.
Where the Municipal Engineer agrees that this standard would cause
inadequate hydraulic performance that could not practicably by overcome
by using additional or larger storm drain inlets that meet these standards;
2.
Where flows are conveyed through any device (e.g., end of pipe netting
facility, manufactured treatment device, or a catch basin hood) that
is designed, at a minimum, to prevent delivery of all solid and floatable
materials that could not pass through one of the following:
3.
Where flows are conveyed through a trash rack that has parallel bars
with one (1.0) inch spacing between the bars; or
4.
Where the New Jersey Department of Environmental Protection determines,
pursuant to the New Jersey Register of Historic Places Rules at N.J.A.C.
7:4-7.2(c), that action to meet this standard is an undertaking that
constitutes an encroachment or will damage or destroy the New Jersey
Register listed historic property.
[Ord. No. 10-007G, § 2]
This section shall be enforced by the Police Department or Code
Enforcement of the Borough of Rumson.
