This article shall be known as the "Pohatcong Township Stormwater Management Ordinance of 2006."
[Adopted 3-21-2006 by Ord. No. 06-6]
The purpose of this article is to promote groundwater recharge, reduce stormwater runoff quantity and enhance stormwater runoff quality by establishing minimum stormwater management requirements for all land development in Pohatcong Township.
The provisions of this article shall be administered by the Land Use Board of the Township of Pohatcong in accordance with N.J.A.C. 40:55D-1 et seq., its amendments and supplements thereto.
A.
In interpreting and applying the provisions of this article, they shall be held to the minimum requirements adopted for the promotion of the public health, safety, morals, convenience and general welfare.
B.
Where the provisions of this article impose greater restrictions or higher standards than those of any statute, other ordinance or regulation, the provisions of this article shall govern. Where the provisions of any statute, other ordinance or regulation impose greater restrictions or higher standards than this article, the provisions of such statute, ordinance or regulation shall govern.
[Amended 9-15-2020 by Ord. No. 20-06]
The provisions of this article shall govern the design and construction of stormwater management measures for all proposed residential development requiring minor or major subdivision approval and nonresidential development that is not defined as major development covered by the regulations set forth in Article II of this chapter.
Stormwater management measures for all minor and major subdivisions and site plans, whether residential or nonresidential, shall be designed and constructed in accordance with the Residential Site Improvement Standards (N.J.A.C. 5:21-1.1 et seq.) as promulgated by the State of New Jersey. The Residential Site Improvement Standards are incorporated herein, by reference, as the standards which shall govern all development within the Township.
A.
All applications for minor subdivision or minor site plan approval that provide for ultimately disturbing one or more acres of land or cumulatively increasing the impervious surface by one-quarter acre or more shall include a stormwater management plan with their application for development approval.
B.
All applications for major preliminary subdivision or major preliminary site plan approval shall include a stormwater management plan with their application for development approval.
Stormwater management plan review and approval shall be required as a condition for the issuance of a zoning permit, except for the following:
Stormwater management plans shall include sufficient information to determine compliance with the stormwater management provisions of the Residential Site Improvement Standards (N.J.A.C. 5:21-1.1 et seq.) as promulgated by the State of New Jersey, including the following:
A.
Stormwater management map showing existing and proposed contours at two-foot intervals, natural topographic features, including existing surface water drainage, constrained areas, Category One waters, wetlands and floodplains along with their appropriate buffers, wooded areas, trees, vegetative surfaces, etc., and existing and proposed man-made improvements such as structures, roads, parking areas, driveways, sewage disposal areas, landscaping, utilities, and structural and nonstructural stormwater management control measures. The map shall also clearly show areas where alterations occur in the natural terrain and cover, including lawns and other landscaping. The map shall indicate the total area of land to be disturbed and the increase in impervious surface area.
B.
Stormwater management narrative. The narrative shall be a written demonstration of 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. The narrative shall include a written description of the natural and man-made features of the site and its environs. This description should include a discussion of soil conditions, slopes, wetlands, 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. The justification of proposed changes in natural conditions shall also be provided.
C.
Construction details shall be provided for all stormwater management control measures.
D.
Calculations: comprehensive hydrologic and hydraulic design calculations for the pre-development and post-development conditions for the design storms as required in the Residential Site Improvement Standards (N.J.A.C. 5:21-1.1 et seq.).
F.
Soils report. When the proposed stormwater management control measures depend on the hydrologic properties of soils, a soils report shall be submitted. The soils report shall be based on-onsite boring logs or soil pit profiles and permeability testing. 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.
The Land Use Board may waive submission of any of the requirements in § 240-9 above when it can be demonstrated that the information requested is not applicable or it would create a hardship on the applicant to obtain and its absence will not materially affect the review process.
A.
Stormwater basins shall be located on private property and shall be owned and maintained by the owner of the lot or a homeowners' association. The Township shall not own or be responsible for maintenance of these facilities.
B.
The design engineer shall prepare a maintenance plan for all the stormwater management measures incorporated into the design of a major development. "Stormwater management measure" means any structural or nonstructural strategy, 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.
C.
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 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.
D.
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.
E.
The deed of record for each property on which stormwater management facilities are to be provided shall include the following items:
(1)
List of the stormwater management features that are to be provided on the property.
(2)
A covenant to prevent the stormwater management features from being removed or altered.
(3)
A covenant allowing the Township right of access over the property for the purpose of maintaining, replacing or repairing stormwater management measures if it is deemed necessary as described in Subsection J below.
(4)
A plan for maintaining the stormwater management measures.
F.
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.
G.
The person responsible for maintenance identified under Subsection C 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.
H.
The person responsible for maintenance identified under Subsection C above shall evaluate the effectiveness of the maintenance plan at least once per year and adjust the plan and the deed as needed.
I.
The person responsible for maintenance identified under Subsection C 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 Subsections G and H above.
J.
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. 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 may immediately proceed to do so and shall bill the cost thereof to the responsible person.
K.
A two-year maintenance guarantee shall be posted in accordance with N.J.S.A. 40:55D-53.
L.
If the party responsible for maintenance of stormwater facilities is a homeowners' association, a financial plan shall be provided to demonstrate viability of the Association to finance and provide the required maintenance.
M.
Any penalties imposed on the Township of Pohatcong by the State of New Jersey as a result of the failure of the responsible party to maintain the stormwater management facilities shall be passed on to the responsible party.
If a development is unable to meet any of the required stormwater management design and performance standards due to limitations on the property, an exemption from the Land Use Board may be requested and the developer shall propose a mitigation project or mitigation alternative as follows:
A.
The mitigation project should be implemented in the same drainage area as the proposed development. The project must provide additional groundwater recharge benefits, or protection from stormwater runoff quality and quantity from previously developed property that does not currently meet the required design and performance standards outlined. The developer must ensure the long-term maintenance of the project as outlined in § 240-11 above.
B.
If a suitable mitigation site cannot be located in the same drainage area as the proposed development, the developer may propose a mitigation alternative that addresses the same issue for which the variance or exemption is sought in another watershed. For example, the developer could purchase land or an easement and construct stormwater management features to alleviate areas of flooding, erosion or to promote groundwater recharge in another watershed.
C.
Another mitigation alternative could be to purchase equipment to help the Township meet the requirements of their Tier A Municipal Stormwater General Permit. For example, to enhance water quality, the developer could purchase equipment that would allow the Township's Department of Public Works to perform water quality enhancing maintenance work such as leaf collection, cleaning of storm inlets and storm drains, erosion stabilization, etc.
The Land Use Board shall review the stormwater management plan submitted in support of an application for development approval within the time periods defined in Chapter 45, Land Use Procedures, for subdivision and site plan review applications. The Land Use Board shall grant the application only if it can be reasonably concluded from the information presented and from such other expert evidence as may be available to the Land Use Board that the project as applied for will meet the objectives of promoting groundwater recharge, of reducing stormwater runoff quantity and enhancing stormwater runoff quality as required in the Residential Site Improvement Standards (N.J.A.C. 5:21-1.1 et seq.).