[HISTORY: Adopted by the City Council of the City of Englewood 6-20-2000 by Ord. No. 00-14. Amendments noted where applicable.]
The City of Englewood, pursuant to the provisions of N.J.S.A. 40:48-2, has been given the authority by the State Legislature to make, amend, repeal and enforce such ordinances, regulations, rules and bylaws not contrary to the laws of the State of New Jersey or of the United States, as it may deem necessary and proper for the protection of persons and property and for the preservation of the public health, safety and welfare of the municipality and its habitants. Such authority is in addition to the authority otherwise given to a municipality to regulate land and control flooding and water pollution pursuant to N.J.S.A. 40A:27-1 et seq., 4:24-1 et seq., 58:16A-1 et seq., 40:14-1 et seq., 58:25-23 et seq. and 40:55D-1 et seq.
The uncontrolled flow of stormwater and surface drainage within the City of Englewood poses a danger to the pubic health, safety and welfare of the City of Englewood and its inhabitants through flooding, soil erosion, and damage both to private and public property.
In order to protect persons and property and preserve the public health, safety and welfare, the City Council finds that it is in the best interests of the citizens of the City of Englewood to regulate stormwater and surface drainage.
Except as otherwise specifically preempted by other applicable county, state or federal statutes, ordinances or rules and regulations, the provisions of this chapter shall apply to all regulated activities, as hereinafter defined, within the City of Englewood.
The purpose of this chapter is to supplement the applicable provisions of other statutory provisions, including provisions respecting flood hazard areas, stream encroachment permits, New Jersey Residential Site Plan Standards and any other statutes or regulations respecting flooding, pollution control, soil erosion, or land use development. To the extent that the provisions of this chapter are inconsistent with such other statutory or regulatory provisions and/or are preempted by such statutory and regulatory provisions, the provisions of this chapter shall not apply.
Editor's Note: See N.J.A.C. 5:21-1.1 et seq.
This chapter shall only apply to permit any stormwater management facilities constructed as part of any of the regulated activities as hereinafter defined. Stormwater management and erosion and sedimentation control during construction involved with any of these regulated activities are specifically not regulated by this chapter, but shall continue to be regulated under existing laws and ordinances, including those with the New Jersey Soil Conservation Service, as administered by the City Engineer of the City of Englewood.
As used in this chapter, the following terms shall have the meanings indicated:
- IMPERVIOUS SURFACE COVERAGE
- Includes a paved area or other area upon which is constructed any building or structure which does not permit the free passage of stormwater or surface drainage into the ground, including but not limited to any roof, parking or driveway areas and any new streets and sidewalks constructed as part of or for the proposed regulated activity. For the purposes of this definition, any areas that may be designed to initially be semipervious (e.g., gravel, crushed stone, etc.) shall be considered impervious areas.
- REGULATED ACTIVITIES
- A. Construction of new or additional impervious surfaces (e.g., driveways, parking lots, sidewalks, patios, swimming pools, etc.).
- B. Construction of new buildings or additions to existing buildings.
- C. Diversion or piping of any natural or man-made stream or channel (not otherwise regulated by the New Jersey Department of Environmental Protection).
- D. Installation of stormwater systems or appurtenances thereto.
Any proposed regulated activity, except for the diversion or piping of any natural or man-made stream or channel or the installation of stormwater systems or appurtenances thereto, that would create 100 square feet or less of additional impervious surface coverage is exempt from the provisions of this chapter. For development taking place in stages, the entire development plan shall be used in determining conformance with this criteria. In addition, if, in the opinion of the City Engineer, the proposed regulated activity does not result in any adverse impact upon other public or private property, the City of Englewood may waive the strict application of this chapter, in whole or in part.
There shall be no increase in runoff experienced by any adjacent properties as a result of proposed development based on the one-hundred-year storm event.
Storm drainage systems shall be provided in order to permit unimpeded flow of natural watercourses except as modified by stormwater detention facilities or open channels consistent with this chapter.
The existing points of concentrated drainage discharge onto adjacent property shall not be altered without written approval of the City Engineer.
Areas of existing diffused drainage discharge onto adjacent property shall be mandated such that, at a minimum, the peak diffused flow does not increase in the general direction of discharge, except as otherwise provided in this chapter. If diffused flow is proposed to be concentrated and discharged onto adjacent property, the developer must document that there are adequate downstream conveyance facilities to safely transport the concentrated discharge or otherwise prove that no harm will result from the concentrated discharge. Areas of existing diffused drainage discharge shall be subject to any applicable release rate criteria in the general direction of existing discharge whether they are proposed to be concentrated or maintained as diffused drainage areas.
When, due to topographic conditions, natural drainage swales on the site cannot adequately provide for drainage, open channels may be constructed conforming substantially to the line and grade of such natural drainage swales. Capacities of such open channels shall be calculated using the Manning equation.
Storm drainage facilities and appurtenances shall be so designed and provided as to minimize erosion in watercourse channels and at all points of discharge.
Stormwater runoff from all developments sites shall be calculated using either the rational method or the modified rational method methodology.
The design of any detention basin intended to meet the requirements of this chapter shall be verified by routing the design storm hydrograph through the proposed basin. For basins designed using the modified rational method technique, the detention volume shall, at minimum, equal the volume derived from the approximate routing process as contained in SCS Technical Release Number 55 (TR 55).
All calculations using the soil cover complex method shall use the Soil Conservation Service Type III twenty-four-hour rainfall distribution.
All calculations using the rational method shall use rainfall intensities consistent with appropriate times of concentration and return periods and the intensity-duration-frequency curves.
Runoff coefficients for use in the rational method shall be based upon the one-hundred-year storm.
The Manning equation shall be used to calculate the capacity of watercourses. Manning "n" values used in the calculations shall be consistent with standard practice. Pipe capacities shall be determined by methods acceptable to the City Engineer.
The location of the watershed shall be determined by the topographic maps on file in the City Engineer's office. If the stormwater analysis only involves the subject property, the owner shall prepare a topographic map with a scale no greater than one inch equals 20 feet. Should there be any question as to the location of the property with respect to the watershed, the City Engineer shall make the final determination.
Two copies of a drainage plan shall be submitted by the owner or developer of the subject property to the City Engineer as part of the plan submission for a building permit or land development application, which shall be distributed one copy to the City Engineer and one copy to the Building Construction Official.
The City Engineer and/or his her/her designee shall inspect all phases of the installation of the permanent stormwater control facilities and at the completion of the installation.
It is the responsibility of the property owner or developer to contact the City Engineer for the appropriate inspections.
If, at any stage of the work, the City Engineer determines that the permanent stormwater control facilities are not being installed in accordance with the approved development plan, the issuing authority may revoke any existing permits until a revised drainage plan is submitted and approved.
The fee for drainage plan review and processing shall be calculated on the number of hours spent by the City Engineer on said application by the fee established for engineering review in accordance with the most recent fee established by Chapter 191, Fee Schedule, of the Code of the City of Englewood.
The fees required for this chapter shall cover:
The review of the drainage plan by the City Engineer;
The site inspection;
The inspection of required controls and improvements during construction;
The final inspection upon completion of the controls and improvements required in the plan; and
Any additional work required to enforce any permit provisions regulated by this chapter, correct violations, and assure the completion of stipulated remedial actions.
At the time of application, the City Engineer shall provide the property owner or developer with an estimate of the number of hours anticipated to be expended in connection with drainage plan review and processing and shall advise the property owner or developer of the amount of an escrow to be held by the City of Englewood for the payment of such fees. The property owner or developer shall deposit such escrow prior to any drainage plan review and processing. In the event the estimate for drainage plan review and processing is insufficient to cover the actual time spent in drainage plan review and processing, the property owner or developer shall deposit with the City of Englewood such additional escrow as may be required to cover the cost of such drainage plan review and processing before obtaining any approvals or permits. Upon satisfactory completion of the drainage plan controls and improvements, the balance of the escrow, if any, shall be returned to the property owner or developer.
In all cases where the permanent stormwater runoff control facilities are designed to manage runoff from a property, the maintenance responsibility for the stormwater control facilities shall be with the owner.
The owner must maintain the stormwater runoff facilities in accordance with the initial design as submitted and approved by the City Engineer.
Upon presentation of the proper credentials, duly authorized representatives of the City of Englewood may enter at reasonable times upon any property within the City of Englewood to investigate or ascertain whether proper maintenance is being provided for any stormwater management facilities designed and installed under this chapter.