[HISTORY: Adopted by the Township Committee
of the Township of Boonton 4-12-2021 by Ord. No. 890.[1] Amendments noted where applicable.]
[1]
Editor's Note: This Ordinance repealed former
Chapter 125, Stormwater Management, adopted 6-13-2005 by Ord. No. 702, as amended.
A.
Policy statement. Flood control, groundwater recharge,
and pollutant reduction through nonstructural or low-impact techniques
shall be explored before relying on structural best management practices
(BMPs). Structural BMPs should be integrated with nonstructural stormwater
management strategies and proper maintenance plans. Nonstructural
strategies include both environmentally sensitive site design and
source controls that prevent pollutants from being placed on the site
or from being exposed to stormwater. Source control plans 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. It is the purpose of this chapter to establish minimum stormwater management requirements and controls for major development, as defined in § 125-2 of this chapter.
C.
D.
Compatibility with other permit and ordinance requirements.
Development approvals issued for subdivisions and site plans pursuant
to this chapter are to be considered an integral part of development
approvals under the subdivision and site plan review process 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 chapter shall be held to be the minimum requirements
for the promotion of the public health, safety, and general welfare.
This chapter is not intended to interfere with, abrogate, or annul
any other ordinances, rules or regulations, statutes, or other provision
of law, except that, where any provision of this chapter 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.
All terms in this section shall be defined in
the NJDEP Stormwater Rule (N.J.A.C. 7:8, et seq.). The following additional
terms are defined for this chapter only.
Any development that creates an increase of less than 1,000
square feet of impervious area and disturbs less than 2,500 square
feet of land. Further, an exempt development shall not meet the definition
of "minor development."
Any 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
A combination of the items in Subsection A(2) and (3) above
that totals an area of 1/4 acre or more. The same surface shall not
be counted twice when determining if the combination area equals one
quarter acre or more.
Major development includes all developments that are part of
a common plan of development or sale (for example, phased residential
development) that collectively or individually meet any one or more
of the conditions in Subsection A(1), (2), (3), or (4) above. Projects
undertaken by any government agency that otherwise meet the definition
of “major development” but which do not require approval
under the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., are also
considered major development.
Any development that results in the creation of an increase
of 500 square feet or more of impervious area or one that disturbs
more than 2,500 square feet of land area. Further, a minor development
shall not meet the definition of "major development."
A.
Exempt developments. Any project meeting the definition
of "exempt development" shall be exempt from the provisions of this
section.
B.
Minor developments.
Minor developments shall be designed to include the following stormwater
management measures:
(1)
Water
quality. Soil erosion and sediment control measures shall be installed
in accordance with the Standards for Soil Erosion and Sediment Control
in New Jersey.
(2)
Rate/volume
control. Seepage pits or other infiltration measures shall be provided
with a capacity of three inches of runoff for each square foot of
new impervious area. Stone used in the infiltration devices shall
be 2 1/2 inches clean stone and design void ratio of 33% shall
be used. The infiltration measures shall be designed with an overflow
to the surface which shall be stabilized and directed to an existing
stormwater conveyance system or in a manner to keep the overflow on
the developed property to the greatest extent feasible. If the new
impervious surface is not roof area, an equivalent area of existing
roof may be directed to the infiltration system. This shall be permitted
where the existing roof is not already directed to infiltration devices.
C.
Major developments.
All major developments shall have their stormwater management designed
in accordance with the Residential Site Improvement Standards (RSIS,
N.J.A.C. 5:21) and the NJDEP Stormwater Rule (N.J.A.C. 7:8). These
standards shall apply to all projects, residential and nonresidential
as well as projects by the Township, Board of Education and other
agencies subject to review by the Township.
A.
Standards for relief. Waivers from strict compliance
with the major development design standards shall only be granted
upon showing that meeting the standards would result in an exceptional
hardship on the applicant or that the benefits to the public good
of the deviation from the standards would outweigh any detriments
of the deviation. A hardship will not be considered to exist if reasonable
reductions in the scope of the project would eliminate the noncompliance.
B.
Mitigation. If the reviewing agency for the project
determines that a waiver is appropriate, the applicant must execute
a mitigation plan. The scope of the mitigation plan shall be commensurate
with the size of the project and the magnitude of the relief required.
The mitigation project may be taken from the list of projects in the
Municipal Stormwater Management Plan. All mitigation projects are
subject to the approval of the Township Engineer.
C.
Reviewing agency. All applications subject to the
review of the Land Use Board shall be reviewed by the Board concurrently
with subdivision or site plan review. Applications not subject to
Land Use Board review shall be reviewed by the Township Engineer.
D.
Appeals. The appeal of the determination of the Township
Engineer shall be made in accordance with N.J.S.A. 40:55D-70a.
For applications before the Land Use Board, review fees will
be covered by the escrow fees submitted for the development application.
Major and minor development applications to the Township Engineer
shall be accompanied by an initial engineer escrow fee in the amount
of $1,000 (applicant will be reimbursed for unused monies). If a project
is approved, an inspection escrow deposit shall be made in an amount
to be determined by the Township Engineer.
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). Maintenance guidelines
for stormwater management measures are available in the New Jersey
Stormwater Best Management Practices Manual. If the maintenance plan
identifies a person other than the developer (for example, a public
agency or homeowners' association) as having the responsibility for
maintenance, the plan shall include documentation of such person's
agreement to assume this responsibility, or of the developer's obligation
to dedicate a stormwater management facility to such person under
an applicable ordinance or regulation.
(3)
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.
(4)
If the person responsible for maintenance identified under § 125-6B(2) above is not a public agency, the maintenance plan and any future revisions based on § 125-6B(7) below shall be recorded upon the deed of record for each property on which the maintenance described in the maintenance plan must be undertaken.
(5)
Preventative
and corrective maintenance shall be performed to maintain the function
of the stormwater management measure, including 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.
(6)
The person responsible for maintenance identified under § 125-6B(2) above shall 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.
(7)
The person responsible for maintenance identified under § 125-6B(2) above shall evaluate the effectiveness of the maintenance plan at least once per year and adjust the plan and the deed as needed.
(8)
The person responsible for maintenance identified under § 125-6B(2) above shall retain and make available, upon request by any public entity with administrative, health, environmental, or safety authority over the site, the maintenance plan and the documentation required by § 125-6B(6) and (7) above.
(10)
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.
C.
Nothing
in this section 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.
Any person who erects, constructs, alters, repairs, converts,
maintains, or uses any building, structure or land in violation of
this chapter shall be subject to one or more of the following penalties:
Imprisonment for a term not exceeding 90 days; a fine not exceeding
$2,000; and a period of community service not to exceed 90 days.
