[HISTORY: Adopted by the City Council of the City of Englewood 6-20-2000 by Ord. No.
00-14. Amendments noted where applicable.]
The City of Englewood, pursuant to the provisions of N.J.S.A.
40:48-2, has been given the authority by the State Legislature to
make, amend, repeal and enforce such ordinances, regulations, rules
and bylaws not contrary to the laws of the State of New Jersey or
of the United States, as it may deem necessary and proper for the
protection of persons and property and for the preservation of the
public health, safety and welfare of the municipality and its habitants.
Such authority is in addition to the authority otherwise given to
a municipality to regulate land and control flooding and water pollution
pursuant to N.J.S.A. 40A:27-1 et seq., 4:24-1 et seq., 58:16A-1 et
seq., 40:14-1 et seq., 58:25-23 et seq. and 40:55D-1 et seq.
A.
The uncontrolled flow of stormwater and surface drainage within the
City of Englewood poses a danger to the pubic health, safety and welfare
of the City of Englewood and its inhabitants through flooding, soil
erosion, and damage both to private and public property.
B.
In order to protect persons and property and preserve the public
health, safety and welfare, the City Council finds that it is in the
best interests of the citizens of the City of Englewood to regulate
stormwater and surface drainage.
A.
Except as otherwise specifically preempted by other applicable county,
state or federal statutes, ordinances or rules and regulations, the
provisions of this chapter shall apply to all regulated activities,
as hereinafter defined, within the City of Englewood.
B.
The purpose of this chapter is to supplement the applicable provisions
of other statutory provisions, including provisions respecting flood
hazard areas, stream encroachment permits, New Jersey Residential
Site Plan Standards[1] and any other statutes or regulations respecting flooding,
pollution control, soil erosion, or land use development. To the extent
that the provisions of this chapter are inconsistent with such other
statutory or regulatory provisions and/or are preempted by such statutory
and regulatory provisions, the provisions of this chapter shall not
apply.
[1]
Editor's Note: See N.J.A.C. 5:21-1.1 et seq.
C.
This chapter shall only apply to permit any stormwater management
facilities constructed as part of any of the regulated activities
as hereinafter defined. Stormwater management and erosion and sedimentation
control during construction involved with any of these regulated activities
are specifically not regulated by this chapter, but shall continue
to be regulated under existing laws and ordinances, including those
with the New Jersey Soil Conservation Service, as administered by
the City Engineer of the City of Englewood.[2]
As used in this chapter, the following terms shall have the
meanings indicated:
Includes a paved area or other area upon which is constructed
any building or structure which does not permit the free passage of
stormwater or surface drainage into the ground, including but not
limited to any roof, parking or driveway areas and any new streets
and sidewalks constructed as part of or for the proposed regulated
activity. For the purposes of this definition, any areas that may
be designed to initially be semipervious (e.g., gravel, crushed stone,
etc.) shall be considered impervious areas.
Includes:
Construction of new or additional impervious surfaces (e.g.,
driveways, parking lots, sidewalks, patios, swimming pools, etc.).
Construction of new buildings or additions to existing buildings.
Diversion or piping of any natural or man-made stream or channel
(not otherwise regulated by the New Jersey Department of Environmental
Protection).
Installation of stormwater systems or appurtenances thereto.
Any proposed regulated activity, except for the diversion or
piping of any natural or man-made stream or channel or the installation
of stormwater systems or appurtenances thereto, that would create
100 square feet or less of additional impervious surface coverage
is exempt from the provisions of this chapter. For development taking
place in stages, the entire development plan shall be used in determining
conformance with this criteria. In addition, if, in the opinion of
the City Engineer, the proposed regulated activity does not result
in any adverse impact upon other public or private property, the City
of Englewood may waive the strict application of this chapter, in
whole or in part.
A.
There shall be no increase in runoff experienced by any adjacent
properties as a result of proposed development based on the one-hundred-year
storm event.
B.
Storm drainage systems shall be provided in order to permit unimpeded
flow of natural watercourses except as modified by stormwater detention
facilities or open channels consistent with this chapter.
C.
The existing points of concentrated drainage discharge onto adjacent
property shall not be altered without written approval of the City
Engineer.
D.
Areas of existing diffused drainage discharge onto adjacent property
shall be mandated such that, at a minimum, the peak diffused flow
does not increase in the general direction of discharge, except as
otherwise provided in this chapter. If diffused flow is proposed to
be concentrated and discharged onto adjacent property, the developer
must document that there are adequate downstream conveyance facilities
to safely transport the concentrated discharge or otherwise prove
that no harm will result from the concentrated discharge. Areas of
existing diffused drainage discharge shall be subject to any applicable
release rate criteria in the general direction of existing discharge
whether they are proposed to be concentrated or maintained as diffused
drainage areas.
E.
When, due to topographic conditions, natural drainage swales on the
site cannot adequately provide for drainage, open channels may be
constructed conforming substantially to the line and grade of such
natural drainage swales. Capacities of such open channels shall be
calculated using the Manning equation.
F.
Storm drainage facilities and appurtenances shall be so designed
and provided as to minimize erosion in watercourse channels and at
all points of discharge.
A.
Stormwater runoff from all developments sites shall be calculated
using either the rational method or the modified rational method methodology.
B.
The design of any detention basin intended to meet the requirements
of this chapter shall be verified by routing the design storm hydrograph
through the proposed basin. For basins designed using the modified
rational method technique, the detention volume shall, at minimum,
equal the volume derived from the approximate routing process as contained
in SCS Technical Release Number 55 (TR 55).
C.
All calculations using the soil cover complex method shall use the
Soil Conservation Service Type III twenty-four-hour rainfall distribution.
D.
All calculations using the rational method shall use rainfall intensities
consistent with appropriate times of concentration and return periods
and the intensity-duration-frequency curves.
E.
Runoff coefficients for use in the rational method shall be based
upon the one-hundred-year storm.
F.
The Manning equation shall be used to calculate the capacity of watercourses.
Manning "n" values used in the calculations shall be consistent with
standard practice. Pipe capacities shall be determined by methods
acceptable to the City Engineer.
G.
The location of the watershed shall be determined by the topographic
maps on file in the City Engineer's office. If the stormwater
analysis only involves the subject property, the owner shall prepare
a topographic map with a scale no greater than one inch equals 20
feet. Should there be any question as to the location of the property
with respect to the watershed, the City Engineer shall make the final
determination.
Two copies of a drainage plan shall be submitted by the owner
or developer of the subject property to the City Engineer as part
of the plan submission for a building permit or land development application,
which shall be distributed one copy to the City Engineer and one copy
to the Building Construction Official.
A.
The City Engineer and/or his her/her designee shall inspect all phases
of the installation of the permanent stormwater control facilities
and at the completion of the installation.
B.
It is the responsibility of the property owner or developer to contact
the City Engineer for the appropriate inspections.
C.
If, at any stage of the work, the City Engineer determines that the
permanent stormwater control facilities are not being installed in
accordance with the approved development plan, the issuing authority
may revoke any existing permits until a revised drainage plan is submitted
and approved.
A.
The fee for drainage plan review and processing shall be calculated on the number of hours spent by the City Engineer on said application by the fee established for engineering review in accordance with the most recent fee established by Chapter 191, Fee Schedule, of the Code of the City of Englewood.
B.
The fees required for this chapter shall cover:
(1)
The review of the drainage plan by the City Engineer;
(2)
The site inspection;
(3)
The inspection of required controls and improvements during construction;
(4)
The final inspection upon completion of the controls and improvements
required in the plan; and
(5)
Any additional work required to enforce any permit provisions regulated
by this chapter, correct violations, and assure the completion of
stipulated remedial actions.
C.
At the time of application, the City Engineer shall provide the property
owner or developer with an estimate of the number of hours anticipated
to be expended in connection with drainage plan review and processing
and shall advise the property owner or developer of the amount of
an escrow to be held by the City of Englewood for the payment of such
fees. The property owner or developer shall deposit such escrow prior
to any drainage plan review and processing. In the event the estimate
for drainage plan review and processing is insufficient to cover the
actual time spent in drainage plan review and processing, the property
owner or developer shall deposit with the City of Englewood such additional
escrow as may be required to cover the cost of such drainage plan
review and processing before obtaining any approvals or permits. Upon
satisfactory completion of the drainage plan controls and improvements,
the balance of the escrow, if any, shall be returned to the property
owner or developer.
A.
In all cases where the permanent stormwater runoff control facilities
are designed to manage runoff from a property, the maintenance responsibility
for the stormwater control facilities shall be with the owner.
B.
The owner must maintain the stormwater runoff facilities in accordance
with the initial design as submitted and approved by the City Engineer.
C.
Upon presentation of the proper credentials, duly authorized representatives
of the City of Englewood may enter at reasonable times upon any property
within the City of Englewood to investigate or ascertain whether proper
maintenance is being provided for any stormwater management facilities
designed and installed under this chapter.
