[Amended 3-23-1987 by Ord. No. 7-86; 3-23-1987 by Ord. No. 7-87; 7-22-2002 by Ord. No. 26-2002; 4-24-2006 by Ord. No. 5-2006; 11-8-2010 by Ord. No. 56-2010; 1-25-2021 by Ord. No. 2-2021[1]]
[1]
Editor's Note: This ordinance also changed the title of this
article from "Stormwater, Wetland Protection, Steep Slopes, Flood
Control and Riparian Buffer Zone" to "Environmental Protection."
A.
CAMPUS REDEVELOPMENT
COMMUNITY BASIN
COMPACTION
CONTRIBUTORY DRAINAGE AREA
CORE
COUNTY REVIEW AGENCY
DEPARTMENT
DESIGN ENGINEER
DESIGNATED CENTER
DEVELOPMENT
DISTURBANCE
DRAINAGE AREA
EMPOWERMENT NEIGHBORHOODS
ENVIRONMENTALLY CONSTRAINED AREA
ENVIRONMENTALLY CRITICAL AREA
EROSION
GREEN INFRASTRUCTURE
HUC 14 or HYDROLOGIC UNIT CODE 14
IMPERVIOUS SURFACE
INFILTRATION
LEAD PLANNING AGENCY
LOW-IMPACT DEVELOPMENT TECHNIQUES
MAJOR DEVELOPMENT
(1)
(2)
MINOR DEVELOPMENT
MOTOR VEHICLE
MOTOR VEHICLE SURFACE
MUNICIPALITY
NEW JERSEY STORMWATER BEST MANAGEMENT PRACTICES (BMP) MANUAL
or BMP MANUAL
NODE
NUTRIENT
PERSON
POLLUTANT
RECHARGE
REDEVELOPMENT
REGULATED IMPERVIOUS SURFACE
(1)
(2)
(3)
(4)
REGULATED MOTOR VEHICLE SURFACE
(1)
(2)
(3)
ROUTINE MAINTENANCE
SEDIMENT
SITE
SOIL
STATE DEVELOPMENT AND REDEVELOPMENT PLAN METROPOLITAN PLANNING
AREA (PA1)
STATE PLAN POLICY MAP
STORMWATER
STORMWATER MANAGEMENT BMP
STORMWATER MANAGEMENT MEASURE
STORMWATER MANAGEMENT PLANNING AGENCY
STORMWATER MANAGEMENT PLANNING AREA
STORMWATER RUNOFF
URBAN COORDINATING COUNCIL EMPOWERMENT NEIGHBORHOOD
URBAN ENTERPRISE ZONES
WATER CONTROL STRUCTURE
WATERS OF THE STATE
WETLANDS or WETLAND
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.
A redevelopment that involves multiple adjacent contiguous
lots under common ownership of multiple structures structures on the
same lot which already contains development or in which the applicant
proposes to phase redevelopment over a period of time.
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 Board of County Commissioners
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 enlarge-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 water body.
Neighborhoods designated by the Urban Coordinating Council
"in consultation and conjunction with" the New Jersey Redevelopment
Authority pursuant to N.J.S.A 55:19-69.
The following areas where the physical alteration of the
land is in some way restricted, either through regulation, easement,
deed restriction or ownership such as wetlands, floodplains, threatened
and endangered species sites or designated habitats, and parks and
preserves. Habitats of endangered or threatened species are identified
using the Department's Landscape Project as approved by the Department's
Endangered and Nongame Species Program.
An area or feature which is of significant environmental
value, including but not limited to stream corridors, natural heritage
priority sites, habitats of endangered or threatened species, large
areas of contiguous open space or upland forest, steep slopes, and
well head protection and groundwater recharge areas. Habitats of endangered
or threatened species are identified using the Department's landscape
project as approved by the Department's Endangered and Nongame Species
Program.
The detachment and movement of soil or rock fragments by
water, wind, ice, or gravity.
A stormwater management measure that manages stormwater close
to its source by:
An area within which water drains to a particular receiving
surface water body, also known as a subwatershed, which is identified
by a 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.
Utilizing strategies and measures that manage stormwater
runoff quantity and quality to supplement or replace structural stormwater
measures. Examples include minimize site disturbance, preserve natural
vegetation and drainage features, reduce and disconnect impervious
cover, reduce ground slopes, reduce turf grass, enhance water absorption
and filtration.
An individual "development," as well as multiple developments
that individually or collectively result in:
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 (1)(a), (b), (c) or (d), above. Projects undertaken by any government agency that otherwise meet the definition of "major development" but which do not require approval under the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., are also considered "major development."
Any development that results in an increase in impervious
surface of 5,000 square feet but does not meet the definition of "major
development." Minor development may include public projects as authorized
by the governing body of the Borough of Madison.
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 this article 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.
Development activity that results in creation, addition or
replacement of impervious surface area on an already improved lot
such as expansion of building footprint, addition to building, and
replacement of impervious surface area that is not part of routine
maintenance activity.
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.
Periodic programmatic preservation activity such as driveway
or parking lot sealing, milling and repaving work, roof, deck or patio
repairs, but does not include replacement of roof framing of existing
structures or complete reconstruction of impervious surfaces.
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 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.
A structure within, or adjacent to, a water, which intentionally
or coincidentally alters the hydraulic capacity, the flood elevation
resulting from the two-, ten-, or 100-year storm, flood hazard area
limit, and/or floodway limit of the water. Examples of a water control
structure may include a bridge, culvert, dam, embankment, ford (if
above grade), retaining wall, and weir.
The ocean and its estuaries, all springs, streams, wetlands,
and bodies of surface or groundwater, whether natural or artificial,
within the boundaries of the State of New Jersey or subject to its
jurisdiction.
An area that is inundated or saturated by surface water or
ground water at a frequency and duration sufficient to support, and
that under normal circumstances does support, a prevalence of vegetation
typically adapted for life in saturated soil conditions, commonly
known as hydrophytic vegetation.
B.
AREA OF SPECIAL FLOOD HAZARD
BASEMENT
BREAKAWAY WALL
ELEVATED BUILDING
HIGHEST ADJACENT GRADE
HISTORIC STRUCTURE
(1)
(2)
(3)
(4)
LOWEST FLOOR
MANUFACTURED HOME
START OF CONSTRUCTION
SUBSTANTIAL DAMAGE
Additional definitions below are based on Flood Hazard Area Control
Act (N.J.S.A. 58:16A), Freshwater Wetlands Protection Act (N.J.S.A.
13:9B et seq.), Wetlands Act of 1970 (N.J.S.A. 13:9A-1 et seq.), NJ
Water Pollution Control Act (N.J.S.A. 58:10A et seq.), Flood Hazard
Area Control Act Rules (N.J.A.C. 7:13), Freshwater Wetlands Protection
Act Rules (N.J.A.C. 7:7A), Surface Water Quality Standards (N.J.A.C.
7:9B) and related environmental protection land use regulations:
The land in the floodplain within a community subject to
a 1% or greater chance of flooding in any given year.
Any area of a building having its floor subgrade (below ground
level) on all sides.
A wall that is not part of the structural support of the
building and is intended through its design and construction to collapse
under specific lateral loading forces without causing damage to the
elevated portion of the building or supporting foundation system.
A nonbasement building which is built, in the case of a building
in an area of special flood hazard, to have the top of the elevated
floor above the ground level by means of pilings, columns (posts and
piers) or sheer walls parallel to the flow of the water and which
is adequately anchored so as not to impair the structural integrity
of the building during a flood of up to the magnitude of the base
flood. In an area of special flood hazard, "elevated building" also
includes a building elevated by means of fill or solid foundation
perimeter walls with openings sufficient to facilitate the unimpeded
movement of floodwaters.
The highest natural elevation of the ground surface prior
to construction next to the proposed walls of a structure.
Any structure that is:
Listed individually in the State or National Register of Historic
Places (a listing maintained by the Department of Interior) or preliminarily
determined by the State Historic Preservation Officer as meeting the
eligibility requirements on the State or National Register;
Certified or preliminarily determined by the State Historic
Preservation Officer as contributing to the historical significance
of a registered historic district preliminarily determined by the
State Historic Preservation Officer to qualify as a registered historic
district;
Individually listed on a state inventory of historic places
in states with historic preservation programs which have been approved
by the Secretary of the Interior; or
The lowest floor of the lowest enclosed area, including basement.
An unfinished or flood-resistant enclosure, usable solely for the
parking of vehicles, building access or storage in an area other than
a basement is not considered a building's "lowest floor," provided
that such enclosure is not built so to render the structure in violation
of other applicable requirements.
A structure, transportable in one or more sections, which
is built on a permanent chassis and is designed for use with or without
a permanent foundation when connected to the required utilities. For
floodplain management purposes, the term "manufactured home" also
includes park trailers, travel trailers and other similar vehicles
placed on a site for greater than 180 consecutive days. For insurance
purposes, the term "manufactured home" does not include park trailers,
travel trailers and other similar vehicles.
Includes substantial improvement and means the date that
the building permit was issued, provided that the actual start of
construction, repair, reconstruction, placement or other improvement
was within 180 days of the permit date. The actual start means either
the first placement of permanent construction of a structure on a
site, such as the pouring of a slab or footings, the installation
of piles, the construction of columns or any work beyond the stage
of excavation; or the placement of a manufactured home on a foundation.
Permanent construction does not include land preparation, such as
clearing, grading and filling, nor does it include the installation
of streets and/or walkways; nor does it include excavation for a basement,
footings, piers or foundations or the erection of temporary forms;
nor does it include the installation on the property of accessory
buildings, such as garages or sheds not occupied as dwelling units
or not part of the main structure. For a substantial improvement,
the actual start of construction means the first alteration of any
wall, ceiling, floor or other structural part of a building, whether
or not that alteration affects the external dimensions of the building.
Damage of any origin sustained by a structure whereby the
cost of restoring the structure to its before-damaged condition would
equal or exceed 50% of the market value of the structure before the
damage occurred.
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 article is to establish minimum stormwater
management requirements and controls for "major or minor development,"
as defined below.
C.
D.
Compatibility with other permit and ordinance requirements.
(1)
Development approvals issued pursuant to this article 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 article shall be held to be the minimum requirements
for the promotion of the public health, safety, and general welfare.
(2)
This article 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 article
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.
E.
General requirement.
(1)
Any application for a building permit shall include sufficient information to carry out the intent and purpose of this section, which shall be administered by the Borough Engineer, except that applications for additions or alterations of less than 400 square feet to one- and two-family residences are regulated under § 195-37.11, Drywell/seepage pit requirements.
(2)
Evaluation shall be made of the individual drainage structures
proposed, the entire site runoff, the off-site subwatershed(s) of
which the site is a part, down-gradient properties, and the receiving
stream channel capacities. A point of confluence shall be maintained
so that valid comparisons of time of concentration can be made between
existing and proposed conditions.
(3)
Control of water quality in surface water, soil erosion, transport
of sediment, and nonpoint source pollution related to development
activities shall be demonstrated and promote natural and nonstructural
management approaches and which maximize prevention of stormwater
generation as well as mitigation of unavoidable stormwater impacts
wherever possible.
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 article apply to new major or minor 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.
A.
The development shall incorporate a maintenance plan for the stormwater
management measures incorporated into the design of a major development.
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:
(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 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;
(2)
The applicant demonstrates through an alternatives analysis,
that through the use of stormwater management measures, the option
selected complies with the requirements to the maximum extent practicable;
(3)
The applicant demonstrates that, in order to meet the requirements,
existing structures currently in use, such as homes and buildings,
would need to be condemned; and
(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 D(3) above within the upstream drainage area of the receiving stream, that would provide additional opportunities to mitigate the requirements 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 (BMP) Manual to satisfy the green infrastructure,
groundwater recharge, stormwater runoff quality and stormwater runoff
quantity standards specified. When designed in accordance with the
most current version of the New Jersey Stormwater BMP 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. Amendments
may be published in the New Jersey Register with 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 article 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 below)
|
|
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 below)
|
|
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;
|
|
(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;
|
|
(h)
|
Manufactured treatment devices that do not meet the definition
of green infrastructure.
|
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. Alternative stormwater management measures
may be used to satisfy the requirements only if the measures meet
the definition of green infrastructure. Alternative stormwater management
measures that function in a similar manner to a BMP are subject to
the contributory drainage area limitation specified 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 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 is granted.
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;
(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; 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 may be used only under the
circumstances specified.
K.
Any application for a new agricultural development that meets the
definition of major development shall be submitted to the Soil Conservation
District for review and approval in accordance with the requirements
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
shall be met in each drainage area, unless the runoff from the drainage
areas converge on-site and no adverse environmental impact would occur
as a result of compliance with any one or more of the individual standards
being determined utilizing a weighted average of the results achieved
for that individual standard across the affected drainage areas.
M.
Any stormwater management measure authorized under the municipal
stormwater management plan or ordinance shall be reflected in a deed
notice recorded in the Office of the Morris County Clerk. A form of
deed notice shall be submitted to the municipality for approval prior
to filing. The deed notice shall contain a description of the stormwater
management measure(s) used to meet the green infrastructure, groundwater
recharge, stormwater runoff quality, and stormwater runoff quantity
standards 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. 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 of this article 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 in the Office of the Morris County Clerk and shall contain a description and location of the stormwater management measure, as well as reference to the maintenance plan, in accordance with 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, the design engineer shall utilize green infrastructure
BMPs identified in Table 1 and/or an alternative stormwater management
measure approved in accordance with the section. 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
|
Three times the area occupied by the BMP
|
|
Small-scale bioretention systems
|
2.5 acres
|
|
Small-scale infiltration basin
|
2.5 acres
|
|
Small-scale sand filter
|
2.5 acres
|
(3)
To satisfy the stormwater runoff quantity standards, the design
engineer shall utilize BMPs from Table 1 or from Table 2 and/or an
alternative stormwater management measure approved in accordance with
the section.
(4)
If a variance in accordance with N.J.A.C. 7:8-4.6 or a waiver
from strict compliance 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 the section may be
used to meet the groundwater recharge, stormwater runoff quality,
and stormwater runoff quantity standards.
(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, unless the project is granted a waiver from strict compliance
in accordance with the section.
P.
Groundwater recharge standards. This subsection contains the minimum
design and performance standards for groundwater recharge as follows:
(1)
The design engineer shall, using the assumptions and factors
for stormwater runoff and groundwater recharge calculations, 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.
(2)
This groundwater recharge requirement does not apply to projects within the "urban redevelopment area," or to projects subject to Subsection P(3), below.
(3)
The following types of stormwater shall not be recharged:
(a)
Stormwater from areas of high pollutant loading. High pollutant
loading areas are areas in industrial and commercial developments
where solvents and/or petroleum products are loaded/unloaded, stored,
or applied, areas where pesticides are loaded/unloaded or stored;
areas where hazardous materials are expected to be present in greater
than "reportable quantities" as defined by the United States Environmental
Protection Agency (EPA) at 40 CFR 302.4; areas where recharge would
be inconsistent with Department approved remedial action work plan
or landfill closure plan and areas with high risks for spills of toxic
materials, such as gas stations and vehicle maintenance facilities;
and
(b)
Industrial stormwater exposed to "source material." "Source
material" means any material(s) or machinery, located at an industrial
facility, that is directly or indirectly related to process, manufacturing
or other industrial activities, which could be a source of pollutants
in any industrial stormwater discharge to groundwater. Source materials
include, but are not limited to, raw materials; intermediate products;
final products; waste materials; by-products; industrial machinery
and fuels, and lubricants, solvents, and detergents that are related
to process, manufacturing, or other industrial activities that are
exposed to stormwater.
Q.
Stormwater runoff quality standards.
(1)
This subsection contains the minimum design and performance
standards to control stormwater runoff quality impacts of major development.
Stormwater runoff quality standards are applicable when the major
development results in an increase of 1/4 acre or more of regulated
motor vehicle surface.
(2)
Stormwater management measures shall be designed to reduce the
post-construction load of total suspended solids (TSS) in stormwater
runoff generated from the water quality design storm as follows:
(a)
Eighty percent TSS removal of the anticipated load, expressed
as an annual average shall be achieved for the stormwater runoff from
the net increase of motor vehicle surface.
(b)
If the surface is considered regulated motor vehicle surface
because the water quality treatment for an area of motor vehicle surface
that is currently receiving water quality treatment either by vegetation
or soil, by an existing stormwater management measure, or by treatment
at a wastewater treatment plant is to be modified or removed, the
project shall maintain or increase the existing TSS removal of the
anticipated load expressed as an annual average.
(c)
If the runoff from the development is within a watershed having
a regulated total maximum daily load (TMDL) the regulated pollutant
level shall be removed to the target TMDL reduction or the maximum
extent practicable.
(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 Q(2) above, unless the major development is itself subject to a NJPDES permit with a numeric effluent limitation for TSS or the NJPDES permit to which the major development is subject exempts the development from a numeric effluent limitation for TSS.
(4)
The water quality design storm is 1.25 inches of rainfall in
two hours. Water quality calculations shall take into account the
distribution of rain from the water quality design storm, as reflected
in Table 4, below. The calculation of the volume of runoff may take
into account the implementation of stormwater management measures.
|
Table 4 - Water Quality Design Storm Distribution
| |||||
|---|---|---|---|---|---|
|
Time
(Minutes)
|
Cumulative Rainfall
(Inches)
|
Time
(Minutes)
|
Cumulative Rainfall
(Inches)
|
Time
(Minutes)
|
Cumulative Rainfall
(Inches)
|
|
1
|
0.00166
|
41
|
0.1728
|
81
|
1.0906
|
|
2
|
0.00332
|
42
|
0.1796
|
82
|
1.0972
|
|
3
|
0.00498
|
43
|
0.1864
|
83
|
1.1038
|
|
4
|
0.00664
|
44
|
0.1932
|
84
|
1.1104
|
|
5
|
0.00830
|
45
|
0.2000
|
85
|
1.1170
|
|
6
|
0.00996
|
46
|
0.2117
|
86
|
1.1236
|
|
7
|
0.01162
|
47
|
0.2233
|
87
|
1.1302
|
|
8
|
0.01328
|
48
|
0.2350
|
88
|
1.1368
|
|
9
|
0.01494
|
49
|
0.2466
|
89
|
1.1434
|
|
10
|
0.01660
|
50
|
0.2583
|
90
|
1.1500
|
|
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
80% TSS reduction for a site, the applicant shall utilize the following
formula to calculate TSS reduction:
|
R = A + B - (A x B)/100
|
|
Where:
| ||
|
R
|
=
|
Total TSS percent load removal from application of both BMPs.
|
|
A
|
=
|
The TSS percent removal rate applicable to the first BMP.
|
|
B
|
=
|
The TSS percent removal rate applicable to the second BMP.
|
(6)
Stormwater management measures shall also be designed to reduce,
to the maximum extent feasible, the post-construction nutrient load
of the anticipated load from the developed site in stormwater runoff
generated from the water quality design storm. In achieving reduction
of nutrients to the maximum extent feasible, the design of the site
shall include green infrastructure BMPs that optimize nutrient removal
while still achieving the performance standards.
(7)
In accordance with the definition of FW1 at N.J.A.C. 7:9B-1.4,
stormwater management measures shall be designed to prevent any increase
in stormwater runoff to waters classified as FW1.
(8)
The Flood Hazard Area Control Act Rules at N.J.A.C. 7:13-4.1(c)1
establish 300-foot riparian zones along Category One waters, as designated
in the Surface Water Quality Standards at N.J.A.C. 7:9B, and certain
upstream tributaries to Category One waters. A person shall not undertake
a major development that is located within or discharges into a 300-foot
riparian zone without prior authorization from the Department under
N.J.A.C. 7:13.
(9)
Pursuant to the Flood Hazard Area Control Act Rules at N.J.A.C.
7:13-11.2(j)3.i, runoff from the water quality design storm that is
discharged within a 300-foot riparian zone shall be treated in accordance
with this subsection to reduce the post- construction load of total
suspended solids by 95% of the anticipated load from the developed
site, expressed as an annual average.
(10)
This stormwater runoff quality standards do not apply to the
construction of one individual single-family dwelling, provided that
it is not part of a larger development or subdivision that has received
preliminary or final site plan approval prior to December 3, 2018,
and that the motor vehicle surfaces are made of permeable material(s)
such as gravel, dirt, and/or shells.
R.
Stormwater runoff quantity standards.
(1)
This subsection contains the minimum design and performance
standards to control stormwater runoff quantity impacts of major development.
(2)
In order to control stormwater runoff quantity impacts, the
design engineer shall, using the assumptions and factors for stormwater
runoff calculations, 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 of 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)
For green infrastructure purposes, the site may also be designed
to manage the 95th percentile storm through the utilization of one
or more green infrastructure techniques in combination with runoff
rate controls above.
(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.
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 and the rational and modified rational methods.
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 pre-construction 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:
(1)
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.
A.
Site design features identified under the section above, or alternative
designs in accordance with the section 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 subsection, "solid and floatable
materials" means sediment, debris, trash, and other floating, suspended,
or settleable solids. For exemptions to this standard see the section
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.
[1]
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 A(1) above does not apply:
(a)
Where each individual clear space in the curb opening in existing
curb-opening inlet does not have an area of more than nine square
inches;
(b)
Where the municipality agrees that the standards would cause
inadequate hydraulic performance that could not practicably be overcome
by using additional or larger storm drain inlets;
(c)
Where flows from the water quality design storm as specified
in N.J.A.C. 7:8 are conveyed through any device (e.g., end of pipe
netting facility, manufactured treatment device, or a catch basin
hood) that is designed, at a minimum, to prevent delivery of all solid
and floatable materials that could not pass through one of the following:
[1]
A rectangular space 4 5/8 inches long and
1 1/2 inches wide (this option does not apply for outfall netting
facilities); or
(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.
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 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 § 195-37.6C, 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 to 1 1/2 feet above the permanent water surface. See § 195-37.6E 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.
|
Elevation View - Basin Safety Ledge Configuration
 |
A.
Submission of site development stormwater plan.
(1)
Whenever an applicant seeks municipal approval of a development
subject to this article, the applicant shall submit all of the required
components of the checklist for the site development stormwater plan
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 article.
(3)
The applicant shall submit three copies of the materials listed
in the checklist for site development stormwater plans in accordance
with this article.
B.
Site development stormwater plan approval.
(1)
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 article.
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
man-made 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 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 pre-development and post-development conditions for the design
storms specified in this article.
(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 this article.
(8)
Waiver from submission requirements. The municipal official
or board reviewing an application under this article may, in consultation
with the municipality's review engineer, waive submission of any of
the requirements of this article 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.
A.
Applicability. Projects subject to review in this article shall comply
with these requirements.
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 above is
not a public agency, the maintenance plan and any future revisions
based on the section 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 above shall perform all
of the following requirements:
(a)
Maintain a detailed log of all preventative and corrective maintenance
for the structural stormwater management measures incorporated into
the design of the development, including a record of all inspections
and copies of all maintenance-related work orders;
(b)
Evaluate the effectiveness of the maintenance plan at least
once per year and adjust the plan and the deed as needed; and
(c)
Retain and make available, upon request by any public entity
with administrative, health, environmental, or safety authority over
the site, the maintenance plan and the documentation required by this
article.
(8)
The requirements do not apply to stormwater management facilities
that are dedicated to and accepted by the municipality or another
governmental agency, subject to all applicable municipal stormwater
general permit conditions, as issued by the Department. Maintenance
and inspection guidance can be found on the Department's website at
https://www.njstormwater.org/maintenance_guidance.htm.
(9)
In the event that the stormwater management facility becomes
a danger to public safety or public health, or if it is in need of
maintenance or repair, the municipality shall so notify the responsible
person in writing. Upon receipt of that notice, the responsible person
shall have 14 days to effect maintenance and repair of the facility
in a manner that is approved by the municipal engineer or his designee.
The municipality, in its discretion, may extend the time allowed for
effecting maintenance and repair for good cause. If the responsible
person fails or refuses to perform such maintenance and repair, the
municipality or county may immediately proceed to do so and shall
bill the cost thereof to the responsible person. Nonpayment of such
bill may result in a lien on the property.
C.
Nothing in this subsection shall preclude the municipality in which
the major development is located from requiring the posting of a performance
or maintenance guarantee in accordance with N.J.S.A. 40:55D-53.
A.
Control of water quantity, quality and recharge will be addressed
as follows:
(1)
For each square foot of new impervious surface one gallon of
stormwater runoff shall be managed using one or more green infrastructure
BMP, including grass swale, vegetative filter strip, sand filter,
cistern, drywell, green roof, pervious paver, bioretention basin,
or infiltration basin.
(2)
Applicant shall confirm that all additional runoff created by
development is controlled in accordance with best management practices
and does not generate adverse impact to adjoiners.
(3)
Mitigation of adverse impact may consider as a last resort the
redirection of a concentrated discharge of stormwater to a public
or private storm sewer, gutter, swale or other conveyance avoiding
direct impact to adjoiners.
(4)
If adverse impact to adjoiners cannot be avoided by development
activity the rate of retention shall be increased to avoid impact
or the additional impervious coverage of the development must be reduced.
B.
On-site soil testing to confirm soil permeability, depth of water
table, and depth to seasonal high water table must be performed in
conjunction with stormwater control measures.
C.
Stormwater management measures shall be located and protected from
encroachment by location on a recent property survey, specific references
in the stormwater maintenance manual, or legal filing similar to that
required for major development.
D.
Technical waiver from strict compliance with the requirements above
for minor development may be granted by the approving authority where
there is public environmental detriment or the scope of compliance
with this section clearly exceeds 1/4 the scope of the development.
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.
|
A.
New roof areas less than 400 square feet are exempt from the dry
well requirements of this chapter.
B.
Runoff from roof areas shall be transported to seepage pits for recharge
of groundwater resources.
C.
Seepage pits shall have the capacity to temporarily store a volume
equal to four inches of runoff from roof areas. Alternatively, the
capacity of the seepage pit wells may be determined by routing a fifty-year,
twenty-four-hour storm through the dry well system taking into consideration
soil infiltration and permeability, water table depth, and dry well
capacity.
D.
Roof gutters, vertical conductors and leaders, and horizontal storm
drains shall conform with Chapter 13 of the National Standard Plumbing
Code, most recent edition. Design shall be based on a rainfall intensity
of six inches per hour.
E.
All roof gutters shall be protected from the accumulation of leaves
and litter.
F.
Where gutters are not used on a building, a gravel-filled trench
with a perforated pipe shall be constructed under the roof overhang
to collect roof runoff, having a capacity not less than a comparable
roof drain system, subject to approval by the Borough Engineer.
G.
Seepage pits shall have an overflow pipe extending to grade. Aluminum
pins, or gutter nails, shall be extended through the pipe at its outlet
to prevent small animals from entering.
H.
Seepage pits shall generally be constructed of precast concrete rings
surrounded by clean crushed stone or gravel. The nominal stone size
shall be 1 1/2 inches. A bed of coarse sand not less than four
inches thick shall be placed in contact with the surface of the soil
at the bottom of the excavation. A layer of crushed stone or gravel
not less than six inches thick shall be placed on top of the coarse
sand.
I.
There shall be a vertical separation of not less than two feet between
the bottom of the stone in dry wells and the seasonal high-water table,
as verified by a competent field investigation.
J.
All applications shall include calculations and details to show compliance
with the chapter.
A.
Intent and purpose. The governing body of the Borough of Madison
finds that riparian lands adjacent to streams, lakes, or other surface
water bodies that are adequately vegetated provide an important environmental
protection and water resource management benefit. It is necessary
to protect and maintain the beneficial character of riparian areas
by implementing specifications for the establishment, protection,
and maintenance of vegetation along the surface water bodies within
the jurisdiction of the Borough, consistent with the interest of landowners
in making reasonable economic use of parcels of land that include
such designated areas. The purpose of this section is to designate
riparian zones, and to provide for land use regulation therein in
order to protect the streams, lakes, and other surface water bodies
of the Borough of Madison; to protect the water quality of watercourses,
reservoirs, lakes, and other significant water resources within the
Borough of Madison; to protect the riparian and aquatic ecosystems
of Madison; to provide for the environmentally sound use of the land
resources of the Borough, and to complement existing state, regional,
county, and municipal stream corridor protection and management regulations
and initiatives. The specific purposes and intent of this section
are to:
(1)
Restore and maintain the chemical, physical, and biological integrity
of the water resources of the Borough of Madison;
(2)
Prevent excessive nutrients, sediment, and organic matter, as well
as biocides and other pollutants, from reaching surface waters by
optimizing opportunities for filtration, deposition, absorption, adsorption,
plant uptake, biodegradation, and denitrification, which occur when
stormwater runoff is conveyed through vegetated buffers as stable,
distributed sheet flow prior to reaching receiving waters;
(3)
Provide for shading of the aquatic environment so as to moderate
temperatures, retain more dissolved oxygen, and support a healthy
assemblage of aquatic flora and fauna;
(4)
Provide for the availability of natural organic matter (fallen leaves
and twigs) and large woody debris (fallen trees and limbs) that provide
food and habitat for small bottom-dwelling organisms (insects, amphibians,
crustaceans, and small fish), which are essential to maintain the
food chain;
(5)
Increase stream bank stability and maintain natural fluvial geomorphology
of the stream system, thereby reducing stream bank erosion and sedimentation
and protecting habitat for aquatic organisms;
(6)
Maintain base flows in streams and moisture in wetlands;
(7)
Control downstream flooding; and
(8)
Conserve the natural features important to land and water resources,
e.g., headwater areas, groundwater recharge zones, floodways, floodplains,
springs, streams, wetlands, woodlands, and prime wildlife habitats.
B.
Statutory authority. The municipality of the Borough of Madison is
empowered to regulate land uses under the provisions of the New Jersey
Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., which authorizes
each municipality to plan and regulate land use in order to protect
public health, safety and welfare by protecting and maintaining native
vegetation in riparian areas. The Borough of Madison is also empowered
to adopt and implement this section under provisions provided by the
following legislative authorities of the State of New Jersey:
(1)
Water Pollution Control Act, N.J.S.A. 58:10A-1 et seq.
(2)
Water Quality Planning Act, N.J.S.A. 58:11A-1 et seq.
(3)
Spill Compensation and Control Act, N.J.S.A. 58:10-23.11 et seq.
(4)
Soil Erosion and Sediment Control Act, N.J.S.A. 4:24-39 et seq.
(5)
Flood Hazard Area Control Act, N.J.S.A. 58:16A-50 et seq.
C.
ACID-PRODUCING SOILS
ADMINISTRATIVE AUTHORITY
APPLICANT
FLOODWAY
INTERMITTENT STREAM
LAKE, POND, or RESERVOIR
PERENNIAL STREAM
RIPARIAN ZONE
RIPARIAN ZONE MANAGEMENT PLAN
RIPARIAN ZONE WATERS
SURFACE WATER BODY
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Soils that contain geologic deposits of iron sulfide minerals
(pyrite and marcasite) which, when exposed to oxygen from the air
or from surface waters, oxidize to produce sulfuric acid. Acid-producing
soils, upon excavation, generally have a pH of 4.0 or lower. After
exposure to oxygen, these soils generally have a pH of 3.0 or lower.
Information regarding the location of acid-producing soils in New
Jersey can be obtained from local Soil Conservation District offices.
The Planning Board or Board of Adjustment or Construction
Office for the Borough with all of the powers delegated, assigned,
or assumed by them according to statute or ordinance.
A person, corporation, government body or other legal entity
applying to the Planning Board, Board of Adjustment or the Construction
Office proposing to engage in an activity that is regulated by the
provisions of this section, and that would be located in whole or
in part within a regulated riparian zone.
Has the meaning ascribed to this term by the Flood Hazard
Area Control Act (N.J.S.A. 58:16A-50 et seq.) and regulations promulgated
thereunder published at N.J.A.C. 7:13 et seq., and any supplementary
or successor legislation and regulations from time to time enacted
or promulgated.
Surface water drainage channels with definite bed and banks
in which there is not a permanent flow of water. Streams shown as
a dashed line on either the USGS topographic quadrangle maps or the
USDA County Soil Survey Maps of the most recent edition that includes
hydrography are included as intermittent streams.
Any impoundment, whether naturally occurring or created in
whole or in part by the building of structures, for the retention
of surface water, excluding sedimentation control and stormwater retention/detention
basins and ponds designed for treatment of wastewater.
A stream that flows continuously throughout the year in most
years. These streams usually appear as a blue line on USGS topographic
quadrangle maps or on USDA County Soil Survey Maps.
The land and vegetation within and directly adjacent to all
surface waters including, but not limited to, lakes, ponds, perennial
and intermittent streams, up to and including their point of origin.
A plan approved by the Engineer of the Borough of Madison.
The plan shall be prepared by a landscape architect, professional
engineer or other qualified professional, and shall evaluate the effects
of any proposed activity/uses on any riparian zone. The plan shall
identify existing conditions, all proposed activities, and all proposed
management techniques, including any measures necessary to offset
disturbances to any affected riparian zone.
Such which have been identified for protection from degradation
in water quality characteristics because of their clarity, color,
scenic setting, and other characteristics of aesthetic value, exceptional
ecological significance, exceptional recreational significance, exceptional
water supply significance, or exceptional fisheries resources. Such
waters shall also be such as may be defined by statute or administrative
regulation.
Any perennial stream, intermittent stream, lake, pond, or
reservoir, as defined herein. In addition, any state open waters identified
in a letter of interpretation issued by the New Jersey Department
of Environmental Protection Land Use Regulation Program shall also
be considered surface water bodies.
D.
Establishment of riparian zones.
(1)
Riparian zones adjacent to all waters shall be protected from avoidable
disturbance and shall be delineated as follows:
(a)
The riparian zone shall be 300 feet wide along both sides of
any Category One water, and all upstream tributaries situated within
the same HUC-14 watershed. The riparian zone shall equal the special
water resource protection area, and shall be measured as defined at
N.J.A.C. 7:8-5.5(h).
(b)
The riparian zone shall be 150 feet wide along both sides of
the following waters:
[1]
Any trout production water and all upstream waters (including
tributaries);
[2]
Any trout maintenance water and all upstream waters (including
tributaries) within one linear mile as measured along the length of
the regulated water;
[3]
Any segment of a water flowing through an area that contains
documented habitat for a threatened or endangered species of plant
or animal, which is critically dependent on the regulated water for
survival, and all upstream waters (including tributaries) within one
linear mile as measured along the length of the regulated water; and
[4]
Any segment of a water flowing through an area that contains
acid-producing soils.
(c)
For all other waters, a riparian zone of 50 feet wide shall
be maintained along both sides of the water.
(2)
The portion of the riparian zone that lies outside of a surface water
is measured landward from the top-of-bank.
(3)
Maps.
(a)
The riparian zones of the entire municipality of the Borough
of Madison, including all land and water areas within its boundaries,
which designates surface water bodies, is based upon the most recent
versions of:
[1]
Borough of Madison Municipal Stormwater Management Plan based
upon the maps of lakes, ponds, perennial or intermittent steams, subwatersheds,
waterways and classifications, and hydraulic unit code contained within
it.
[2]
Borough of Madison Flood Insurance Study and Flood Insurance
Rate Map as produced by the Federal Emergency Management Agency.
[3]
Borough of Madison Official Tax Map.
(b)
Maps of the municipality on which these designations have been
overlain shall be on file and maintained by the offices of the Clerk
of the Borough of Madison. This map conforms to all applicable laws,
rules and regulations applicable to the creation, modification and
promulgation of zoning maps.
(4)
It shall be the duty of the Municipal Engineer at such times as may
be required by law to propose modifications to the maps required by
any naturally occurring or permitted change in the location of a defining
feature of a surface water body and to maintain files of decisions
or appeals, and by changes made by the New Jersey Department of Environmental
Protection in surface water classifications or floodway delineations.
Floodway delineations shall be based upon the state's adopted floodway
delineations. However, requests for alterations to the adopted delineations
can be provided to the Department for consideration if site-specific
information is available.
(5)
The applicant or designated representative shall be responsible for
the initial determination of the presence of a riparian zone on a
site, and for identifying the area on any plan submitted to the Borough
of Madison in conjunction with an application for a construction permit,
subdivision, land development, or other improvement that requires
plan submissions or permits. This initial determination shall be subject
to review and approval by the Municipal Engineer, designee or, where
required, by the New Jersey Department of Environmental Protection.
(6)
Exemptions. Instead of the riparian zone protection requirements
above, the applicant must demonstrate compliance with one of the following:
(a)
The proposed project or activity is not in the riparian zone
established;
(b)
The proposed disturbance in a riparian zone is for a linear
development with no feasible alternative route;
(c)
The proposed disturbance in a riparian zone is in accordance
with a stream corridor restoration or stream bank stabilization plan
or project approved by the Department of Environmental Protection;
(d)
The proposed disturbance of a riparian zone is necessary to
provide for public pedestrian access or water-dependent recreation
that meets the requirements of the Freshwater Wetlands Protection
Act rules, N.J.A.C. 7:7A, the Flood Hazard Area Control rules, N.J.A.C.
7:13, or the Coastal Zone Management rules, N.J.A.C. 7:7E;
(e)
The proposed disturbance of a riparian zone is required for
the remediation of hazardous substances performed with New Jersey
DEP or federal EPA oversight pursuant to the Spill Compensation and
Control Act, N.J.S.A. 58:10-23.11a et seq. or the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980, 42 U.S.C. § 9601
et seq.;
(f)
The proposed disturbance is for redevelopment that does not
exceed the limits of existing impervious surfaces; or
(g)
The proposed disturbance would prevent extraordinary hardship
on the property owner peculiar to the property; or prevent extraordinary
hardship, provided the hardship was not created by the property owner,
that would not permit a minimum economically viable use of the property
based upon reasonable investment.
E.
Uses permitted in riparian zones. Any other riparian zone area shall
remain in a natural condition or, if in a disturbed condition, including
agricultural activities, at the time of adoption of this section,
may be restored to a natural condition. There shall be no clearing
or cutting of trees and brush, except for removal of dead vegetation
and pruning for reasons of public safety or for the replacement of
invasive species with indigenous species. There shall be no altering
of watercourses, dumping of trash, soil, dirt, fill, vegetative or
other debris, regrading or construction. The following uses are permitted
either by right or after review and approval by the municipality in
riparian zones. No new construction, development, use, activity, encroachment,
or structure shall take place in a riparian zone, except as specifically
authorized in this section. The following uses shall be permitted
within a riparian zone:
(1)
Open space uses that are primarily passive in character shall be
permitted by right to extend into a riparian zone, provided near stream
vegetation is preserved. Such uses include wildlife sanctuaries, nature
preserves, forest preserves, fishing areas, game farms, fish hatcheries
and fishing reserves, operated for the protection and propagation
of wildlife, but excluding structures. Such uses also include passive
recreation areas of public and private parklands, including unpaved
hiking, bicycle and bridle trails, provided that said trails have
been stabilized with pervious materials.
(2)
Fences, for which a permit has been issued by the Construction Code
Office, to the extent required by applicable law, rule or regulation.
(3)
Crossings by farm vehicles and livestock, recreational trails, roads,
railroads, stormwater lines, sanitary sewer lines, waterlines and
public utility transmission lines, provided that the land disturbance
is the minimum required to accomplish the permitted use, subject to
any applicable state permits that are acquired, and provided that
any disturbance is offset by buffer improvements and that the area
of the crossing is stabilized against significant erosion due to its
use as a crossing.
(4)
Stream bank stabilization or riparian reforestation, which conforms
to the guidelines of an approved riparian zone management plan, or
wetlands mitigation projects that have been approved by the Department
of Environmental Protection.
F.
Performance standards for riparian zones. For all riparian zones,
the following conditions shall apply:
(1)
All new major and minor subdivisions and site plans shall be designed
to provide sufficient areas outside of the riparian zone to accommodate
primary structures, any normal accessory uses appurtenant thereto,
as well as all planned lawn areas.
(2)
Portions of lots within the riparian zone must be permanently restricted
by deed or conservation easement held by the Borough of Madison, its
agent, or another public or private land conservation organization
which has the ability to provide adequate protection to prevent adverse
impacts within the riparian zone. A complete copy of the recorded
conservation restriction that clearly identifies the deed book and
pages where it has been recorded in the office of the Morris County
Clerk must be submitted to the municipality.
(3)
Any lands proposed for development which include all or a portion
of a riparian zone shall, as a condition of any major subdivision
or major site plan approval, provide for the vegetation or revegetation
of any portions of the riparian zone which are not vegetated at the
time of the application or which were disturbed by prior land uses,
including for agricultural use.
(4)
For building lots which exist as of the date of adoption of this
section, but for which a building permit or a preliminary site plan
approval has not been obtained or is no longer valid, the required
minimum front, side, and rear setbacks may extend into the riparian
zone, provided that a deed restriction and/or conservation easement
is applied which prohibits clearing or construction in the riparian
zone.
(5)
All stormwater shall be discharged outside of but may flow through
a riparian zone 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. (See N.J.A.C. 2:90-1.3.)
(6)
If stormwater discharged outside of and flowing through a riparian
zone cannot comply with the standard for off-site stability, then
the proposed stabilization measures must meet the requirements of
the Flood Hazard Area Control Act rule at N.J.A.C. 7:13-10.2 et. seq.,
and have an approved flood hazard permit.
G.
Nonconforming structures and uses in riparian zones. Nonconforming
structures and uses of land within the riparian zone are subject to
the following requirements:
(1)
Legally existing but nonconforming structures or uses may be continued.
(2)
For all other riparian zones:
(a)
Encroachment within the riparian zone shall only be allowed
where previous development or disturbance has occurred.
(b)
Existing impervious cover shall not be increased within the
riparian zone as a result of encroachments where previous development
or disturbances have occurred.
(c)
Discontinued nonconforming uses may be resumed any time within
one year from such discontinuance but not thereafter when showing
clear indications of abandonment.
H.
Uses prohibited in riparian zones. For all riparian zones, any use
or activity not specifically authorized elsewhere in this chapter
shall be prohibited. By way of example, the following activities and
facilities are prohibited, except where authorized or excepted elsewhere
in this chapter:
(1)
Removal or clear cutting of trees and other vegetation or soil disturbance
such as grading, except for selective vegetation removal for the purpose
of stream or riparian area stabilization or restoration projects that
require vegetation removal or grading prior to implementation.
(2)
Storage of any hazardous or noxious materials.
(3)
Use of fertilizers, pesticides, herbicides, and/or other chemicals
in excess of prescribed industry standards or the recommendations
of the Soil Conservation District.
(4)
Roads or driveways, except where permitted.
(5)
Motor or wheeled vehicle traffic in any area.
(6)
Parking lots.
(7)
Any type of permanent structure.
(8)
New subsurface sewage disposal areas.
(9)
Residential grounds or lawns.
I.
Activities permitted in riparian zones in the case of no reasonable
or prudent alternative or extreme hardship.
(1)
For all riparian zones, hardship variances may be granted in cases
of a preexisting lot (existing at the time of adoption of this section)
when there is insufficient room outside the riparian zone for uses
permitted by the underlying zoning and there is no other reasonable
or prudent alternative to placement in the riparian zone, including
obtaining variances from setback or other requirements that would
allow conformance with the riparian zone requirements, and provided
that demonstrations are made including but not limited to:
(a)
The existence of an extreme economic hardship, which:
[1]
Does not apply to or affect other property in the immediate
vicinity;
[2]
Relates to or arises out of the characteristics of the subject
property because of the particular physical surroundings, shape or
topographical conditions.
[3]
Demonstrates that there is no adjacent land that is reasonably
available or could be obtained, utilized, expanded or managed in order
to fulfill the basic purposes.
(b)
An applicant shall be deemed to have established compelling
public need if the applicant demonstrates, based on specific facts,
that one of the following applies:
(c)
A variance can only be granted if it is shown that the activity
is in conformance with all applicable local, state, and federal regulations,
and that the exception granted is the minimum relief necessary to
relieve the hardship.
(2)
If the above demonstrations are made, then the encroachment of impervious
surfaces (structures or pavement) otherwise permitted by the underlying
zoning is permitted to the extent of 750 square feet total. Said encroachment
is not permitted closer than 100 feet from the top of the bank at
bank-full flow or level of Category Two waters for trout production
(FW2-TP), or closer than 50 feet from the top of the bank at bank-full
flow or level of other surface water bodies.
(3)
If such an exception is granted, the applicant shall rehabilitate
an environmentally degraded riparian zone area within or adjacent
to the same site, and at least equivalent in size to the riparian
zone reduction permitted, or, if not possible, rehabilitate or expand
a riparian zone area at least equivalent in size within a nearby site
and, if available, within the same watershed. Rehabilitation shall
include reforestation, stream bank stabilization and removal of debris,
in accordance with a riparian zone management plan, as described.
The Borough may require financial contribution be made to an open
space or municipal stormwater management plan mitigation plan fund
in exchange for this requirement.
J.
Riparian zone management plan.
(1)
Within any riparian zone, no construction, development, use, activity,
or encroachment shall be permitted unless the effects of such development
are accompanied by preparation, approval, and implementation of a
riparian zone management plan.
(2)
Plan contents.
(a)
The landowner, applicant, or developer shall submit to the Municipal
Engineer, or his or her appointed representative, a riparian zone
management plan prepared by an environmental professional, professional
engineer or other qualified professional which fully evaluates the
effects of any proposed uses on the riparian zone. The riparian zone
management plan shall identify the existing conditions including:
[1]
Existing vegetation;
[2]
Field-delineated surface water bodies;
[3]
Field-delineated wetlands;
[4]
The one-hundred-year floodplain;
[5]
Flood hazard areas, including floodway and flood-fringe areas,
as delineated by the New Jersey Department of Environmental Protection;
[6]
Soil classifications as found on soil surveys;
[7]
Existing subdrainage areas of site with HUC-14 (hydrologic unit
code) designations;
[8]
Slopes in each subdrainage area segmented into sections of slopes
less than or equal to 15%; above 15% but less than 20%; and greater
than 20%.
(b)
The proposed plan shall describe all proposed uses/activities,
and fully evaluate the effects of all proposed uses/activities in
a riparian zone, and all proposed management techniques, including
proposed vegetation and any other measures necessary to offset disturbances
to the riparian zone. A discussion of activities proposed as well
as management techniques proposed to offset disturbances and/or enhance
the site to improve the riparian zone's ability to function effectively
as a riparian zone shall also be included with the riparian zone management
plan submittal to the Borough of Madison.
(3)
The plan shall be reviewed and must be approved by the Engineer of
the Borough of Madison, in consultation with the Environmental Commission,
as part of the subdivision and land development process.
(4)
The riparian zone management plan must include management provisions
in narrative and/or graphic form specifying:
(a)
The manner in which the area within the riparian zone will be
owned and by whom it will be managed and maintained.
(b)
The conservation and/or land management techniques and practices
that will be used to conserve and protect the riparian zone, as applicable.
(c)
The professional and personnel resources that are expected to
be necessary in order to maintain and manage the riparian zone.
(d)
A revegetation plan, if applicable, that includes three layers
of vegetation, including herbaceous plants that serve as ground cover,
understory shrubs, and trees that, when fully mature, will form an
overhead canopy. Vegetation selected must be native, noninvasive species,
and consistent with the soil, slope and moisture conditions of the
site. The Engineer of the Borough of Madison may require species suitability
to be verified by qualified experts from the Soil Conservation District,
Natural Resources Conservation Service, New Jersey Department of Environmental
Protection, US Fish and Wildlife Service and/or state or federal forest
agencies.
(5)
A riparian zone management plan is not required where the riparian
zone is not being disturbed and conservation easements/deed restrictions
are applied to ensure there will be no future clearing or disturbance
of the riparian zone.
(6)
Performance of the riparian zone management plan shall be guaranteed
for a minimum of two years, by a surety, such as a bond, cash or letter
of credit, which shall be provided to the Borough of Madison prior
to the Borough issuing any permits or approving any uses relating
to the applicable use or activity.
K.
Boundary interpretation; appeals procedures; inspections; conflicts;
severability.
(1)
When a landowner or applicant disputes the boundaries of a riparian
zone, or the defined bank-full flow or level, the landowner or applicant
shall submit evidence to the Borough Engineer that describes the riparian
zone, presents the landowner or applicant's proposed riparian zone
delineation, and presents all justification for the proposed boundary
change. For Category One (C1) riparian zones, the landowner or applicant
must first obtain approval from the New Jersey Department of Environmental
Protection. A decision from the Department must be included with the
evidence submitted for municipal review.
(2)
Inspections.
(a)
Lands within or adjacent to an identified riparian zone shall
be inspected by the Borough Engineer when:
(b)
The riparian zone may also be inspected periodically by representatives
from the Borough of Madison if excessive or potentially problematic
erosion is present, other problems are discovered, or at any time
when the presence of an unauthorized activity or structure is brought
to the attention of municipal officials or when the downstream surface
waters are indicating reduction in quality.
(c)
Inspections will be conducted on an as-needed basis, should
the Borough feel that a problem exists. All inspections will be undertaken
in accordance with local, state and federal requirements for property
owner notification and permission.
(3)
Conflicts. All other ordinances, parts of ordinances, or other local
requirements that are inconsistent or in conflict with this section
are hereby superseded to the extent of any inconsistency or conflict,
and the provisions of this section apply.
(4)
Severability.
(a)
Interpretation. This section shall be so construed as not to
conflict with any provision of New Jersey or federal law.
(b)
Notwithstanding that any provision of this section is held to
be invalid or unconstitutional by a court of competent jurisdiction,
all remaining provisions of the Ordinance shall continue to be of
full force and effect.
(c)
The provisions of this section shall be cumulative with, and
not in substitution for, all other applicable zoning, planning and
land use regulations.
L.
Enforcement. A prompt investigation shall be made by the appropriate
personnel of the Borough of Madison of any person or entity believed
to be in violation hereof. If, upon inspection, a condition which
is in violation of this section is discovered, a civil action may
be brought in the Special Part of the Superior Court, or in the Superior
Court, if the primary relief sought is injunctive or if penalties
may exceed the jurisdictional limit of the Special Civil Part, by
the filing and serving of appropriate process. Nothing in this section
shall be construed to preclude the right of the Borough of Madison,
pursuant to N.J.S.A. 26:3A2-25, to initiate legal proceedings hereunder
in Municipal Court. The violation of any section or subsection of
this section shall constitute a separate and distinct offense independent
of the violation of any other section or subsection, or of any order
issued pursuant to this section. Each day a violation continues shall
be considered a separate offense.
M.
Penalties. Any person(s) found to be in violation of the provisions
of this section shall be subject to a fine not to exceed $500 per
violation, with each day or documented act or occurrence to be considered
a separate violation.
A.
Preservation of natural land.
(1)
It is hereby found that natural floodplains display complex intimate
relationships among streams, periodic flooding, soils, vegetation,
fish and wildlife and that periodic flooding of lowland areas, marshes
and swamps adjacent to stream channels produces a rich physical chemical
environment for many living organisms. It is further found that floodplains
contain biological communities which are among the most productive
of natural systems and perform the following functions essential to
the natural environment:
(a)
Passage and storage of storm floodwaters.
(b)
Removal of sediment loads from streams through deposition.
(c)
Replenishment of groundwater supplies through soil infiltration.
(d)
Dissipation of energy of flood flows, thereby reducing downstream
destruction.
(e)
Provide areas of recreational and aesthetic pleasure.
(2)
Because of the importance of the natural floodplain as cited above
all natural land within any delineated floodplain, except for land
to be developed in accordance with this chapter, shall be preserved
in its natural state, and where possible, developed land within the
floodplain shall be restored to its natural state so as to duplicate
the natural or undeveloped drainage characteristics in terms of runoff
and velocity.
(3)
Whenever the alteration or relocation of a watercourse is required,
the applicant shall notify the Federal Insurance Administrator, New
Jersey Department of Environmental Protection, County of Morris, and
adjacent communities. The applicant shall assure that the flood-carrying
capacity within the altered or relocated portion of any watercourse
is maintained and conforms with the state plan.
B.
Performance standards. In reviewing any proposed construction or
development, the Board shall be reasonably assured upon evidence submitted
by the applicant that any structure, when built or altered, can be
occupied without peril to the health or safety of the occupant and
that the proposed land use:
(1)
Has an inherent low flood-damage potential.
(2)
Either acting alone or in combination with existing or future uses,
does not obstruct flood flows.
(3)
Does not affect adversely the water-carrying or storage capacity
of any channel floodway or flood fringe area.
(4)
Does not increase erosion or the rate of local runoff.
(5)
Does not unduly stress or degrade the natural environment of the
floodplain or degrade the quality of surface water or the quality
and quantity of groundwaters.
(6)
Does not require channel modification or relocation.
C.
Prohibited uses in channels, floodways and flood fringe areas.
(1)
Channel. Within any channel, structures shall not be erected, expanded
or externally altered, and fill, excavation or other improvements
or changes shall not be permitted except in connection with stream
improvement or stabilization, which improvements or changes shall
have the specific approval of the New Jersey Department of Environmental
Protection and the Board. The Morris County Planning Board shall receive
copies of all exhibits for their review and approval as required.
(2)
Floodway.
(a)
Within any floodway, structures shall not be erected, enlarged,
expanded or externally altered, and fill, excavation or other improvements
or changes shall not be permitted, except in connection with stream
improvement or stabilization, which improvement or changes shall have
the specific approval of the New Jersey Department of Environmental
Protection and the Board. The Morris County Planning Board shall receive
copies of all exhibits for their review and approval as required.
(b)
The accepted practices of soil husbandry and farming, as well as recreational uses in the nature of parks, playgrounds, picnic areas, golf courses and boat landings shall be permitted in accordance with the issuance of a permit as provided by § 195-38B of this article. No material, equipment or vehicles shall be parked or stored in the floodway, even in conjunction with a permitted use.
(c)
In all areas of special flood hazard in which base flood elevation
data has been provided and no floodway has been designated, the cumulative
effect of any proposed development, when combined with all other existing
and anticipated development, shall not increase the water surface
elevation of the base flood more than 0.2 of a foot at any point.
(3)
Flood fringe area. Within any flood fringe area, structures other than mobile homes may be constructed, erected, enlarged, expanded, externally altered or modified, and fill, excavation and other improvements may be permitted in the flood fringe area after receiving specific approval of the Board for a use allowed in Article V and further subject to the conditions set forth in this article.
(4)
Upon application for such a permit, the Board shall notify the Borough Environmental Commission and the governing bodies and environmental commissions of other municipalities which may be affected by the proposed use. Such notifications shall include the name and address of the applicant, the location of the proposed use and abbreviated description of the proposed use and announcement as to where and at what times the complete application may be reviewed and to whom and by what date interested parties may communicate their positions concerning the application and any data that they may have developed in reference to the effects of the proposed use. The Board shall review the application and all information received under § 195-38.
(5)
In reviewing the application and arriving at findings, the Board shall consult with the Borough Engineer and other experts and consider the following criteria in addition to those set forth in § 195-38.
(a)
The danger to life and property due to increased flood heights
or velocities caused by encroachments.
(b)
The danger that materials may be swept onto other land or downstream
to the injury of others.
(c)
The proposed water supply and sanitation systems and the insulation
of these systems from disease, contamination and unsanitary conditions
resulting from flooding.
(d)
The susceptibility of the proposed use to flood damage and the
effects of such damage.
(e)
The need for a waterfront location.
(f)
The availability of alternate locations not subject to flooding.
(g)
The duration, rate of rise and sediment transport of floodwaters
expected at the site.
(h)
The safety of access to the property in times of flood for ordinary
and emergency vehicles.
(i)
The extent to which the hydraulic capacity of the floodway will
be disrupted.
(j)
The degree to which the proposed use serves the general public's
health, safety and welfare.
(k)
The degree to which any aspect of food chain or plant, animal,
fish or human life processes are affected adversely within or beyond
the proposed use area.
(l)
The degree to which the proposed activity alters natural water
flow or water temperature.
(m)
The degree to which the proposed use provides facilities for
the proper handling of litter, trash, refuse and sanitary and industrial
waste.
(n)
The degree to which irreplaceable land types will be destroyed.
(o)
The degree to which the natural, scenic and aesthetic values
at the proposed development site can be retained.
(p)
The degree to which materials not subject to major damage by
floods are firmly anchored to prevent flotation and/or are readily
removable from the area within the time available after flood warning.
(6)
If the Board finds that the proposed use would violate or tend to
violate the purposes and intent of this article, the application shall
be denied.
D.
Conditions of approval for permitted uses. If the application will
not violate the purposes and intent of this chapter, the Board may
approve the application and impose such conditions as are necessary
to promote the public safety, health and welfare, to protect public
and private property, wildlife and to preserve, protect and enhance
the natural environment of the floodplain.
(1)
General conditions. These conditions may include, but are not limited
to, the following:
(a)
Modification of waste disposal and water supply facilities.
(b)
Imposition of operational controls, sureties and deed restrictions.
(c)
Requirements for construction of stormwater detention facilities,
channel modifications, dikes, levees and other protective measures.
(d)
Installation of an adequate flood-warning system.
(e)
Postponement of development until such time as protective measures
are installed or until the floodway and flood hazard areas have been
delineated by the NJDEP or the applicant to the satisfaction of the
Borough.
(2)
Specific conditions. The following regulations shall apply to all
numbered A Zones and, in addition, to all unnumbered A Zones where,
in the absence of FIA base flood elevation data, the Planning Board
shall obtain, review and utilize any base flood elevation data available
from a federal, state or other source.
(a)
Where the lowest floor of any new structure is more than two
feet above the existing grade at the perimeter of said structure,
the site shall be filled. Such fill shall be subject to the following
conditions:
[1]
All fill material shall be well-compacted.
[2]
The elevation of the fill shall be not more than two feet below
the base flood elevation.
[3]
The elevation of the fill at the perimeter of the structure
shall be equal to the elevation of the fill beneath the structure.
[4]
Fill at the perimeter of the structure shall be stabilized by
a retaining wall or by slopes of not greater than 4:1 and shall be
protected from erosion.
[5]
Where fill is stabilized by a retaining wall, said fill shall
extend beyond the perimeter of the structure a distance equal to not
less than twice the height of the retaining wall or five feet, whichever
is the greater.
(b)
All new residential construction, residential additions and
substantial improvements of residential structures within the floodplain
shall have the lowest floor (including basement) elevated to not less
than six inches above the base flood elevation. For purposes of site
plan review and approval, the requirement of six inches above the
base flood elevation shall not include a detached garage; nor shall
it include a patio, terrace, deck or an unheated and unenclosed porch,
provided that any entrance from such a structure to a main structure
shall be a minimum of six inches above the base flood elevation. The
floor of an attached garage may be not more than two feet below the
base flood elevation, provided that the portions of all walls and
partitions below the base flood elevation are floodproofed and further
provided that any entrance from an attached garage to a main structure
shall be a minimum of six inches above the base flood elevation.
(c)
All new nonresidential construction within the floodplain shall have the lowest floor (including basement) elevated to not less than one foot above the base flood elevation or be floodproofed as set forth in Subsection D(2)(d) below. Floodproofing alone shall not be considered adequate for residences, hospitals, nursing homes, schools, day-care centers and similar uses.
(d)
Floodproofing measures shall be consistent with the base flood
elevation for the particular area, flood velocities, durations, rates
of rise, hydrostatic and hydrodynamic forces and other similar factors.
The Board shall require the applicant to submit a plan or document
certified by a registered professional engineer that the floodproofing
measures are consistent with the base flood elevation and associated
flood factors. Any or all of the following floodproofing measures
may be required:
[1]
Anchorage to resist flotation, collapse and lateral movement.
[2]
Installation of watertight doors, bulkheads and shutters or
similar devices.
[3]
Reinforced walls to resist water pressures.
[4]
Use of paints, membranes or mortars to reduce seepage of water
through walls.
[5]
Addition of weight to structures to resist flotation.
[6]
Installation of pumps to lower water levels in structures.
[7]
Pumping facilities or comparable measures for the subsurface
drainage systems of buildings to relieve external foundation wall
and basement flood pressures.
[8]
Construction that resists rupture or collapse caused by water
pressure or floating debris.
[9]
Installation of valves or controls on sanitary and storm drains
which will permit the drains to be closed to prevent back up of sewage
or stormwaters into the structure. Gravity drainage of basements may
be eliminated by mechanical devices.
[10]
Electrical, heating, ventilation, plumbing and
air-conditioning equipment and other service facilities shall be designed
and/or located so as to prevent water from entering or accumulating
within the components during conditions of flooding.
[11]
Storage facilities for chemicals, explosives,
buoyant materials, flammable liquids or other toxic or hazardous materials
shall be situated above the base flood elevation and shall be floodproofed
to prevent flotation of storage containers or damage to storage containers
which could result in the escape of toxic materials into the floodwaters.
[12]
Use of construction materials which are resistant
to water damage.
[13]
For all new construction and substantial improvements,
fully enclosed areas below the lowest floor that are subject to flooding
shall be designed to automatically equalize hydrostatic flood forces
on exterior walls by allowing for the entry exit of floodwaters. Designs
for meeting this requirement must either be certified by a registered
professional engineer or architect or must meet or exceed the following
minimum criteria:
[a]
Fully enclosed areas shall have a minimum of two
openings having a total net area of not less than one square inch
for every square foot of enclosed area subject to flooding one foot
above grade.
[b]
Openings may be equipped with screens, louvers
or other coverings or devices, provided that they permit the automatic
entry and exit of floodwaters.
(e)
All manufactured homes shall be anchored to resist flotation,
collapse or lateral movement. Methods of anchoring may include, but
are not limited to, use of over-the-top or frame ties to ground anchors.
This requirement is in addition to applicable state and local anchoring
requirements for resisting wind forces. All manufactured homes to
be placed or substantially improved within an area of special flood
hazard shall be elevated on a permanent foundation such that the top
of the lowest floor is at or above the base flood elevation.
E.
Materials prohibited in channels, floodways and flood fringe areas.
No person shall hereafter engage in, cause or permit other persons
to engage in prohibited uses within a delineated floodplain. The following
uses shall be prohibited:
(1)
Placing, depositing or dumping any solid waste, garbage, refuse,
trash, rubbish or debris.
(2)
Dumping or discharging untreated domestic sewage or industrial wastes,
either solid or liquid.
(3)
The storage or disposal of pesticides.
(4)
The storage or processing of materials that are, in time of flooding,
buoyant, flammable or explosive.
(5)
The storage or processing of hazardous materials that could be injurious
in time of flooding to human, animal or plant life.
F.
Preexisting nonconforming structures and uses.
(1)
Structures or land uses in any floodplain which existed on or before
the effective date of this chapter may be permitted to continue, subject
to the following conditions:
(a)
If any preexisting structure is destroyed by any means, including
floods, to an extent of 50% or more of its replacement cost at time
of destruction, it shall not be reconstructed, except in conformity
with the provisions of this chapter.
(b)
No preexisting structure shall be moved, altered, expanded,
changed or enlarged unless the provisions of this chapter are complied
with. This provision does not apply to routine maintenance and repair,
provided that such maintenance and repair does not increase the flood
damage potential of the structure.
(c)
In any portion of the floodplain, an existing nonconforming
use or structure may be altered or expanded, provided that such alteration
or expansion does not increase its ground coverage or flood damage
potential.
(2)
If actual construction of a structure is underway on or before the effective date of this chapter, then such construction may be completed. "Actual construction" is hereby defined to include the placing of construction materials in a permanent position and fastened in a permanent manner. The provisions of Subsection F(1) above shall apply to such structures upon completion of construction.
(3)
Structures in the floodway abandoned for six consecutive months or
longer and structures abandoned for 12 consecutive months or longer
in the flood fringe area after the effective date of this chapter
shall not qualify as preexisting uses.
G.
Flood map. The Board, after proper investigation, survey and public
hearing, may recommend amendments to the U.S. Department of Housing
and Urban Development Flood Map.
A.
Site plan data. In addition to the site plan approval requirements
contained in this chapter, no building or structure shall hereinafter
be erected, enlarged, expanded, externally altered or modified nor
shall any paving, fill, excavation or improvements be permitted within
any floodplain area unless a site plan shall have been submitted to
the Planning Board for its review and approval.
(1)
Said site plan shall be drawn to a scale not less than one inch
equals 50 feet and shall show, in addition to the information required
under other ordinances, the following information:
(a)
Existing and proposed buildings and structures.
(b)
Proposed finished grade elevations at the corners of any structure
or structures.
(c)
Existing topography and proposed grading at contour intervals
of at least one foot.
(d)
The lowest elevation within any proposed structure after its
completion.
(e)
The location, type and size of all existing and proposed storm
drainage facilities and other utilities servicing or proposed to service
the premises in question.
(f)
The location, size, and nature of all existing and proposed
drainage rights-of-way or easements and the location, size and description
of any lands to be dedicated to the municipality, county or state.
(g)
The layout and size of existing and proposed public or private
streets.
(h)
The elevation of any existing or proposed pumping facilities.
(i)
The nature and extent of any construction alterations or repairs.
(j)
The location, size and nature of the entire lot or lots in question
and any contiguous lots owned by the applicant has a direct or indirect
interest.
(k)
Proof of stream encroachment lines obtained from the New Jersey
Department of Environmental Protection.
(l)
Flood hazard elevations and boundaries shall be shown based
upon the latest information shown on the Flood Insurance Rate Map
prepared by the Federal Emergency Management Agency.
(m)
The extent of filling of the land, if any.
(n)
The location, type and size of all existing and proposed erosion
and siltation control measures, such as slope protection, soil stabilization,
sedimentation basins, sediment traps, headwalls, aprons and the like.
(o)
The applicant shall submit proof that:
[1]
Proposed structures are designed and adequately
anchored to prevent flotation, collapse or lateral movement.
[2]
Materials and utility equipment used are resistant
to flood damage.
[3]
Construction utilizes methods and practices that
minimize flood damage.
[4]
Subdivision proposals are consistent with the need
to minimize flood damage in flood-prone areas.
[5]
All public utilities and facilities, such as sewer,
gas, electrical and water systems are designed, constructed and located
to prevent, minimize or eliminate flood damage or infiltration.
(p)
Any and all other information and data necessary to meet any
of the requirements of this article.
(2)
In addition, where required by the Board, the developer shall
furnish information relating to subsurface conditions, based on percolation
tests and soil borings or probes. Test borings or probes shall be
performed by a licensed professional engineer with proven competency
in the field of soils engineering and shall be in accordance with
acceptable engineering standards and practices. A detailed report
of the test shall be submitted to the Board and Borough Engineer for
review.
(3)
Any application for site plan approval under this section shall be acted upon by the Board within 45 days of the filing date, or within 95 days of the filing date if the site plan requires a variance as provided for in § 195-41. The filing date shall be that date when a complete application is filed with the Secretary of the Board.
(4)
Action by the Board may be conditioned upon any required approval
by the New Jersey Department of Environmental Protection.
(5)
Board disapproval shall include written findings upon any site
plan element found contrary to the provisions or intent of this article.
(6)
Any application shall include a certification by a registered professional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meeting the applicable provisions of this Article VI. A copy of such certification shall be provided to the official as set forth in § 195-43.
B.
Permits. No person or persons shall engage in a permitted use within
a delineated floodplain until all necessary permits have been obtained
from those governmental agencies from which approval is required,
including Section 404 of the Federal Water Pollution Control Act amendments
of 1972, 33 U.S.C. § 1334.
C.
Conditions. The Board may impose such conditions on permitted uses
as it deems appropriate to promote the public safety, health and welfare,
to protect public and private property, wildlife and fisheries and
to preserve, protect and enhance the natural environment of the floodplain.
No certificate of occupancy shall be issued unless all conditions
of approval have been complied with.
A.
Flood insurance, in accordance with the National Flood Insurance Program of the United States Department of Housing and Urban Development, shall be required for all development in the floodplain. Insurance premium rates are determined by statute according to actuarial risk and will not be modified by the granting of a variance, except as defined in § 195-41 of this article.
B.
The Federal Insurance Rate Map shall be used to determine applicable
zones for flood insurance for a particular dwelling. The applicant
shall verify that the latest available flood elevations and the Federal
Insurance Rate Maps are being utilized in the determination of the
flood elevations.
C.
The areas of special flood hazard identified by the Federal Insurance
Administration in a scientific and engineering report entitled "The
Flood Insurance Study for the Borough of Madison," dated April 15,
2002, as subsequently amended with accompanying Flood Insurance Rate
Maps or any approved subsequent revision, is hereby adopted by reference
and declared to be a part of this article. The Flood Insurance Study
is on file at the Engineer's Office in the Borough of Madison.
A.
The issuance of a variance is for floodplain management purposes
only and is subject to applicable state and federal laws and regulations.
The Board, after examining the applicant's hardships, shall approve
or disapprove a variance request.
B.
While the granting of variances generally is limited to a lot size less than 1/2 acre as set forth in Subsection E(2) of this section, deviations from that limitation may occur. However, as the lot size increases beyond 1/2 acre, the technical justification required for issuing a variance increases.
C.
The Federal Insurance Administrator may review the Board's findings
justifying the granting of variances, and if that review indicated
a pattern inconsistent with the objectives of sound floodplain management,
the Federal Insurance Administrator may take appropriate action as
set forth in Section 1909.24, Paragraph (b) of Federal Register, Vol.
41, No. 207, dated Tuesday, October 26, 1976, and as subsequently
amended.
D.
Variances may be issued by the Board for the reconstruction, rehabilitation
or restoration of structures listed on the National Register of Historic
Places or a State Inventory of Historic Places without regard to the
procedures set forth in this section.
E.
Procedures for the granting of variances by the Board are as follows:
(1)
Variances shall not be issued by the Board within any designated
regulatory floodway if any increase in flood levels during the base
flood discharge would result.
(2)
Variances may be issued by the Board only for the replacement or reconstruction of existing nonconforming structures and for additions of not more than 150 square feet to existing residential structures on lots of 1/2 acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood elevation, in conformance with the procedures of Subsection E(3) of this section.
(3)
Variances shall only be issued by the Board upon:
(a)
A showing of good and sufficient cause by the applicant, and
(b)
A determination that failure to grant the variance would result
in exceptional hardship to the applicant, and
(c)
A determination that the granting of a variance will not result
in increased flood heights, additional threats to public safety, extraordinary
public expense, create nuisances, cause fraud on or victimization
of the public or conflict with existing local laws or ordinances.
(5)
The Board shall notify the applicant in writing that:
(a)
The issuance of a variance to construct a structure below the
base flood level will result in increased premium rates for flood
insurance up to amounts as high as $25 for $100 of insurance coverage.
(7)
A burden of proof to establish all of the elements required
for the issuance of a variance shall be upon the applicant, who shall
prove these elements by expert testimony and documentation.
A.
Wetland delineation. A wetlands letter of interpretation (LOI) from
the New Jersey Department of Environmental Protection (NJDEP) shall
be submitted as part of the application for any major subdivision
or major site plan application. A minor subdivision application or
a building permit application for an individual lot shall be required
to perform an on-site wetland delineation as prepared by a wetland
expert suitably qualified to submit an LOI, but no LOI will be required
by this section. If wetlands or transition areas are present that
could be impacted by the proposed improvements, an NJDEP approved
LOI shall be submitted with the minor subdivision application or building
permit application. If no wetlands are observed, a note to that effect
shall be shown on the plans.
(1)
Documentation. All wetland and transition areas required pursuant
to N.J.A.C. 7:7A-1 et seq. (New Jersey Freshwater Wetlands Protection
Act Rules) or any successor statutes or regulations shall be clearly
shown on all plats or site plans submitted for approval.
(2)
All final plats, final site plans or individual lot building plans
shall include the wetland line(s) identification number as assigned
by NJDEP, pursuant to the Freshwater Wetlands Protection Act.
B.
Wetland protection standards. To prevent adverse impacts on delineated
wetlands, the following guidelines shall be employed:
(1)
A snow fence shall be installed along the limit of disturbance outside
of the final wetland transition area boundary line prior to any other
site disturbance, so as to prevent encroachment into these regulated
areas.
(2)
A silt fence and/or hay bales should be installed downstream from
disturbance areas adjacent to the state-mandated wetland transition
area line (or buffer) so as to prevent the transport of silt into
the wetland areas.
(3)
Prior to signing of the final plat for site plan, the applicant shall
provide evidence of the filing of any deed restriction required by
NJDEP to permit transition area modifications.
A.
The purpose of this subsection is to regulate the intensity of use
in areas of steeply sloping terrain in order to limit soil loss and
erosion and the degradation of surface water. Steep slopes are present
on a site when the existing terrain has a slope of 15% or greater
as defined below:
B.
If the steep slopes are present on the subject property, the applicant
shall prepare a steep slope map showing topography at two-foot contour
intervals. The moderate and critical slopes shall be determined based
upon the slope of all the land areas showing slope classes of 0% to
14.99%, 15% to 24.99% and 25% or greater. The map shall also include
a calculation of the area of proposed disturbance of each slope class
on each existing and proposed lot, as well as within any proposed
road right-of-way, and be regulated as follows:
(1)
Areas with slopes ranging from 0% to 14.99% are not restricted to
development.
(2)
Areas of moderate slopes shall require detailed site grading and
architectural plans which focus on minimizing development activity
in these areas. Up to 1/4 of all moderate slopes identified on-site
are permitted to be developed. The architectural plans must be specifically
designed to accommodate the topography. Roads and driveways should
be designed to follow the natural topography to the greatest extent
possible and minimize disturbance.
(3)
Areas of critical slopes are restricted from development unless the
disturbance is for roadway crossings or utility construction, or it
is demonstrated that the roadway or utility improvements are critical
and no reasonable alternatives exist. The applicant may be required
to provide additional documentation of soil types, land cover, tree
surveys, stability calculations or field controls on specific encroachment
areas in order to justify the control of impacts.
C.
Disturbance of steep slope areas in an amount greater than that indicated
in the foregoing section shall require variance.
If any person shall be aggrieved by the action of the Board,
Construction Code Official or Borough Engineer, an appeal in writing
to the governing body may be taken within 10 days after the date of
such action. The governing body shall fix and notify the appellant
of a time and place for a public hearing on said appeal, and the appellant
shall cause notice of such hearing to be published in the official
newspaper of the Borough at least 10 days prior to the hearing. All
parties in interest shall be afforded an opportunity to be heard there.
After such hearing, the governing body shall affirm or reverse the
action of the Board, Construction Code Official or Borough Engineer,
stating its findings and reasons for its action, and a written copy
of such action shall be given to the appellant.
A.
The administration and enforcement of the provisions of this article
relating to the construction, erection, maintenance and continued
operation at design capacity of stormwater detention facilities and
other facilities, structures, devices and techniques required to carry
out the objectives of this article shall be the responsibility of
the Borough Engineer.
B.
Failure to maintain any stormwater detention facility, structure
or device at design capacity or to carry out required procedures or
techniques shall be considered a violation of this article.
C.
When base flood elevation and floodway data have not been provided by the Federal Insurance Administrator, the Borough Engineer shall obtain, maintain, review and reasonably utilize any base flood elevation data available from any federal, state or other source in order to administer this Article VI.
D.
The Borough Engineer shall maintain a permanent record of on-site
water detention facilities in the Borough of Madison and shall make
periodic inspections to determine that these facilities are being
maintained at design capacities.
E.
The permanent record maintained by the Borough Engineer shall include
the following information: elevation in feet above sea level of the
lowest habitable floor and basement of all new construction and substantial
improvements; and elevation to which a structure has been floodproofed.
These records shall be made available for public inspection and be
supplied upon request for the purpose of determining flood insurance
premium rates.
F.
The Borough Engineer shall serve notice on the owner or occupant to correct any violation of Article VI within 30 days. Upon failure of said owner or occupant to correct such violation, the Borough shall prosecute a complaint to correct such violation before the Municipal Judge and owner or occupant shall be liable to pay fines in accordance with this chapter not to exceed $1,500 per violation.
