City of Summit, NJ
Union County
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Table of Contents
Table of Contents
[Ord. No. 06-2701 § 1; Ord. No. 06-2718 § 1]
a. 
Policy Statement. Flood control, groundwater recharge, and pollutant reduction through nonstructural or low impact techniques shall be explored before relying on structural Best Management Practices (BMPs). Structural BMPs should be integrated with nonstructural stormwater management strategies and proper maintenance plans. Nonstructural strategies include both environmentally sensitive site design and source controls that prevent pollutants from being placed on the site or from being exposed to stormwater. Source control plans should be developed based upon physical site conditions and the origin, nature, and the anticipated quantity or amount of potential pollutants. Multiple stormwater management BMPs may be necessary to achieve the established performance standards for water quality, quantity, and groundwater recharge.
b. 
Purpose. It is the purpose of this section to establish minimum stormwater management requirements and controls for "major development," as defined in subsection 26.1-2 and to reduce the amount of nonpoint source pollution entering surface and ground waters. Unmitigated stormwaters from areas altered by development may pose public health and safety threats. This section establishes the administrative mechanisms necessary for the City of Summit to ensure proper stormwater management. This section is written to work in conjunction with current State and Federal regulations. This section guides development in a manner that is proactive and minimizes harmful impacts to natural resources. Specifically, this section shall:
1. 
Reduce artificially induced flood damage to public health, life, and property;
2. 
Minimize increased stormwater runoff rates and volumes;
3. 
Minimize the deterioration of existing structures that would result from increased rates of stormwater runoff;
4. 
Induce water recharge into the ground wherever suitable infiltration, soil permeability, and favorable geological conditions exist;
5. 
Prevent an increase in nonpoint source pollution;
6. 
Maintain the integrity and stability of stream channels and buffers for their ecological functions, as well as for drainage, the conveyance of floodwater, and other purposes;
7. 
Control and minimize soil erosion and the transport of sediment;
8. 
Minimize public safety hazards at any stormwater detention facility constructed pursuant to subdivision or site plan approval;
9. 
Maintain adequate base flow and natural flow regimes in all streams and other surface water bodies to protect the aquatic ecosystem;
10. 
Protect all surface water resources from degradation; and
11. 
Protect groundwater resources from degradation and diminution.
c. 
Applicability.
1. 
This section shall be applicable to all site plans and subdivisions for the following major developments that require preliminary or final site plan or subdivision review:
(a) 
Nonresidential major developments; and
(b) 
Aspects of residential major developments that are not preempted by the Residential Site Improvement Standards (RSIS) at N.J.A.C. 5:21. The provisions of both this section and the RSIS are to be applied and reviewed concurrently for any residential development.
2. 
This section shall also be applicable to all major developments undertaken by the City of Summit.
d. 
Compatibility with Other Permit and Ordinance Requirements. Development approvals issued for subdivisions and site plans pursuant to this section are to be considered an integral part of development approvals under the subdivision and site plan review process and do not relieve the applicant of the responsibility to secure required permits or approvals for activities regulated by any other applicable code, rule, act, or ordinance. In their interpretation and New Jersey Stormwater BMP Manual application, the provisions of this section shall be held to be the minimum requirements for the promotion of the public health, safety, and general welfare. This section 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 section 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.
[Ord. No. 06-2701 § 1; Ord. No. 06-2718 § 1]
Unless specifically defined below, words or phrases used in this section shall be interpreted so as to give them the meaning they have in common usage and to give this section the most reasonable application. 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.
AGRICULTURAL DEVELOPMENT
Shall mean 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 manufacturing of agriculturally related products.
BEST MANAGEMENT PRACTICE (BMP)
Shall mean structural device, measure, facility or activity that helps to achieve stormwater management control objectives at a designated site.
CAFRA PLANNING MAP
Shall mean the geographic depiction of the boundaries for Coastal Planning Areas, CAFRA Centers, CAFRA Cores and CAFRA Nodes pursuant to N.J.A.C. 7:7E-5B.3.
CAFRA CENTERS, CORES OR NODES
Shall mean those areas within boundaries accepted by the Department pursuant to N.J.A.C. 7:8E-5B.
CATEGORY 1 (C1) WATERS
Shall mean waters of the State, including unnamed waterways that appear on Soil Survey and USGS Topographic Quadrangle within the same HUC 14 watershed, designated in N.J.A.C. 7:9B-1.15(c) through (h) for purposes of implementing the anti-degradation policies set forth at N.J.A.C. 7:9B-1.5(d) for protection from measurable changes in water quality characteristics because of their clarity, color, scenic setting, other characteristics of aesthetic value, exceptional ecological significance, exceptional recreational significance, exceptional water supply significance, or exceptional fisheries resource(s).
COMPACTION
Shall mean the increase in soil bulk density by subjecting soil to greater-than-normal loading.
CORE
Shall mean a pedestrian-oriented area of commercial and civic uses serving the surrounding municipality, generally including housing and access to public transportation.
COUNTY REVIEW AGENCY
Shall mean an agency designated by the County Board of Chosen Freeholders to review municipal stormwater management plans and implementing ordinance(s). The County review agency may either be:
A County planning agency; or
A County water resource association created under N.J.S.A. 58:16A-55.5, if the ordinance or resolution delegates authority to approve, conditionally approve, or disapprove municipal stormwater management plans and implementing ordinances.
DEPARTMENT
Shall mean the New Jersey Department of Environmental Protection.
DESIGNATED CENTER
Shall mean a State Development and Redevelopment Plan Center as designated by the State Planning Commission such as urban, regional, town, village, or hamlet.
DESIGN ENGINEER
Shall mean 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.
DEVELOPMENT
Shall mean the division of a parcel of land into two (2) or more parcels, the construction, reconstruction, conversion, structural alteration, relocation or 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, by any person, 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 lands, development shall mean: 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.
DISTURBANCE
Shall mean any activity including the clearing, excavating, storing, grading, filling or transportation of soil or any other activity that causes soil to be exposed to the danger of erosion.
DRAINAGE AREA
Shall mean a geographic area within which stormwater, sediments, or dissolved materials drain to a particular receiving water body or to a particular point along a receiving water body.
EMPOWERMENT NEIGHBORHOOD
Shall mean a neighborhood 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.
ENVIRONMENTALLY CRITICAL AREA
Shall mean an area or feature which is of significant environmental value, including but not limited to: stream corridors; natural heritage priority sites; habitat 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.
EROSION
Shall mean the detachment and movement of soil or rock fragments by water, wind, ice or gravity.
ESCAPE PROVISIONS
Shall mean the permanent installation of ladders, steps, rungs, or other features that provide easily accessible means of egress from stormwater management basins.
GROUNDWATER
Shall mean a body of water below the surface of the land in a zone of saturation where the spaces between the soil or geological materials are fully saturated with water.
IMPERVIOUS SURFACE
Shall mean a surface that has been covered with a layer of material so that it is highly resistant to infiltration by water relative to natural conditions in the area.
INFILTRATION
Is the process by which water seeps into the soil from precipitation to a level below the normal root soil of plant species.
MAJOR DEVELOPMENT
Shall mean any development that provides for ultimately disturbing one (1) or more acres of land or would create one-quarter (1/4) acre or more of impervious surface. Disturbance for the purpose of this rule is the placement of impervious surface or exposure and/or movement of soil or bedrock or clearing, cutting, or removing of vegetation.
MITIGATION
Shall mean an action by an applicant providing compensation or offset actions for on-site stormwater management requirements where the applicant has demonstrated the inability or impracticality of strict compliance with the stormwater management requirements set forth in N.J.A.C. 7:8 in an adopted regional stormwater management plan or in this local ordinance, and has received a waiver from strict compliance from the City of Summit. Mitigation for the purposes of this section includes both the mitigation plan detailing how the project's failure to strictly comply will be compensated, and the implementation of the approved mitigation plan.
MUNICIPALITY
Shall mean any city, borough, town, township, or village.
NODE
Shall mean an area designated by the State Planning Commission concentrating facilities and activities which are not organized in a compact form.
NONSTRUCTURAL STORMWATER MANAGEMENT TECHNIQUES
Shall mean techniques that control or reduce stormwater runoff in the absence of stormwater structures (e.g., basins and piped conveyances), such as minimizing site disturbance, preserving important site features including, but not limited to, natural vegetation, reducing and disconnecting impervious cover, minimizing slopes, utilizing native vegetation, minimizing turf grass lawns, increasing time of concentration and maintaining and enhancing natural drainage features and characteristics.
NUTRIENT
Shall mean a chemical element or compound, such as nitrogen or phosphorus, which is essential to and promotes the development of organisms or vegetation.
PERMEABLE
Shall mean a surface or land cover capable of transmitting or percolating a significant amount of precipitation into the underlying soils.
PERSON
Shall mean any individual, corporation, company, partnership, firm, association, City of Summit, or political subdivision of this State subject to municipal jurisdiction pursuant to the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.
PLAN
Shall mean a document approved at the site design phase that outlines the measures and practices used to control stormwater runoff at the site.
POLLUTANT
Shall mean 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, groundwaters or surface waters of the State, or to a domestic treatment works. Pollutant includes both hazardous and nonhazardous pollutants.
POLLUTION
Shall mean the man-made or man-induced alteration of the chemical, physical, biological and radiological integrity of water to the extent that the pollutant concentration or level violates either the Ground Water Quality Standards (N.J.A.C. 7:9-6) or the Surface Water Quality Standards (N.J.A.C. 7:9B) of New Jersey.
RECHARGE
Shall mean the amount of water from precipitation that infiltrates into the ground and is not evapotranspired.
REVIEW AGENCY (MUNICIPAL)
Shall mean the municipal body or official that is responsible for the review of a major development project for compliance with the stormwater management requirements.
SEDIMENT
Shall mean 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.
SITE
Shall mean the lot or lots upon which a major development is to occur or has occurred.
SOIL
Shall mean all unconsolidated mineral and organic material of any origin.
SOLID AND FLOATABLE MATERIALS
Shall mean sediment, debris, trash and other floating, suspended or settleable solids.
SOURCE MATERIAL
Shall mean any material(s) or machinery, located at an industrial facility that is directly or indirectly related to process, manufacturing, or other industrial activities, that could be a source of pollutants in any industrial stormwater discharge to ground or surface water. Source materials include, but are not limited to, raw materials, intermediate products, final products, water 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.
STATE DEVELOPMENT AND REDEVELOPMENT PLAN METROPOLITAN PLANNING AREA (PA1)
Shall mean 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.
STATE PLAN POLICY MAP
Shall mean the geographic application of the State Development and Redevelopment Plan's goals and statewide policies, and the official map of these goals and policies.
STORMWATER
Shall mean 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.
STORMWATER RUNOFF
Shall mean water flow on or across the surface of the ground in drainage facilities or in storm sewers, resulting from precipitation.
STORMWATER MANAGEMENT BASIN
Shall mean an excavation or embankment and related areas designed to retain stormwater runoff. A stormwater management basin may either be normally dry (that is, a detention basin or infiltration basin), retain water in a permanent pool (a retention basin), or be planted mainly with wetland vegetation (most constructed stormwater wetlands).
STORMWATER MANAGEMENT MEASURE
Shall mean any structural or nonstructural strategy, practice, technology, process, program, or other method intended to control or reduce stormwater runoff and associated pollutants, or to induce or control the infiltration or groundwater recharge of stormwater or to eliminate illicit or illegal nonstormwater discharges into stormwater conveyances.
STREAM BUFFER
Shall mean a strip of land located immediately adjacent to a stream channel consisting of natural, undisturbed vegetative cover, which serves as a transition area between uplands and riparian lands. A stream buffer may encompass wetlands, may be contained with a flood plain or floodway or may extend beyond a wetland, floodplain or floodway boundary.
STRUCTURAL STORMWATER TECHNIQUES
Shall mean a stormwater management measure that involves control of concentrated stormwater runoff or infiltration such as stormwater basins, piped conveyance systems and manufactured stormwater devices, and can include various types of basins, filters, surfaces, and devices located on individual lots in a residential development or throughout a commercial, industrial, or institutional development site in areas not typically suited for larger, centralized structural facilities.
THREATENED AND ENDANGERED SPECIES
Shall mean endangered species whose prospects for survival in New Jersey are in immediate danger because of a loss or change in habitat, over-exploitation, predation, competition, disease, disturbance or contamination. Assistance is needed to prevent future extinction in New Jersey. Threatened species are those who may become endangered if conditions surrounding them begin to or continue to deteriorate. Habitats of endangered or threatened species are those identified by the Department's Landscape Project as approved by the Department's Endangered and Nongame Species Program.
TIME OF CONCENTRATION
Shall mean the time it takes for stormwater runoff to travel from the hydraulically most distant point of the watershed to the point of interest within a watershed.
TRANSITION AREA
Shall mean an area of protected upland adjacent to a freshwater wetland that minimizes adverse impacts on the wetland or serves as an integral component of the wetlands ecosystem. Also known as buffer area.
TIDAL FLOOD HAZARD AREA
Shall mean a flood hazard area, which may be influenced by stormwater runoff from inland areas, but which is primarily caused by the Atlantic Ocean.
URBAN COORDINATING COUNCIL EMPOWERMENT NEIGHBORHOOD
Shall mean a neighborhood given priority access to State resources through the New Jersey Redevelopment Authority.
URBAN ENTERPRISE ZONE
Shall mean 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.
URBAN REDEVELOPMENT AREA
Shall mean previously developed portions of areas, including but not limited to the following:
a. 
Delineated on the State Plan Policy Map (SPPM) as the Metropolitan Planning Area (PA1), Designated Centers, Cores or Nodes;
b. 
Designated as CAFRA Centers, Cores or Nodes;
c. 
Designated as Urban Enterprise Zones; and
d. 
Designated as Urban Coordinating Council Empowerment Neighborhoods.
WATERS OF THE STATE
Shall mean 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.
WETLANDS or WETLAND
Shall mean an area that is inundated or saturated by surface water or groundwater 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.
[Ord. No. 06-2701 § 1; Ord. No. 06-2718 § 1]
a. 
Design and Performance Standards for Stormwater Management Measures.
1. 
Stormwater management measures for major development shall be designed and developed to meet the erosion control, groundwater recharge, stormwater runoff quantity, and stormwater runoff quality standards in subsection 26-1.4. As detailed in subsection 26-1.4, to the maximum extent practicable, these standards shall be met by incorporating nonstructural stormwater management strategies into the design. If these strategies alone are not sufficient to meet these standards, structural stormwater management measures necessary to meet these standards shall be incorporated into the design along with the practicable nonstructural strategies.
2. 
The standards in this section apply to both new major development and redevelopment 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.
[Ord. No. 06-2701 § 1; Ord. No. 06-2718 § 1]
a. 
Maintenance Plan. The development shall incorporate a maintenance plan for the stormwater management measures incorporated into the design of a major development in accordance with subsection 26-1.10.
b. 
Threatened and Endangered Species. Stormwater management measures shall be implemented in order to avoid adverse impacts of concentrated flow on habitat(s) 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 Muhlenbergi (Bog Turtle).
c. 
Exemptions. The following linear development projects are exempt from the groundwater recharge, stormwater runoff quantity, and stormwater runoff quality requirements of subsection 26-1.4f and subsection 266-1.4g:
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 fourteen (14) feet, provided that the access is constructed of permeable material such as, but not limited to, wood chips, unpacked gravel and porous pavement.
d. 
Waiver from Strict Compliance.
1. 
A waiver from strict compliance from the groundwater recharge, stormwater runoff quantity, and stormwater runoff quality requirements of subsection 26-1.4f and subsection 26-1.4g 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:
(a) 
The applicant demonstrates that there is a public need for the project that cannot be accomplished by any other means;
(b) 
The applicant demonstrates through an alternatives analysis, that through the use of nonstructural and structural stormwater management strategies and measures, the option selected complies with the requirements of subsection 26-1.4f and subsection 26-1.4g to the maximum extent practicable;
(c) 
The applicant demonstrates that, in order to meet the requirements of subsection 26-1.4f and subsection 26-1.4g, existing structures currently in use, such as homes and buildings, would need to be condemned; and
(d) 
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 26-1.4d1(c) above within the upstream drainage area of the receiving stream, that would provide additional opportunities to mitigate the requirements of subsection 26-1.4f and subsection 26-1.4g that were not achievable on-site.
2. 
A waiver from strict compliance from such projects can only be obtained if the applicant agrees to undertake a suitable mitigation measure identified in the mitigation section of the City of Summit's Stormwater Management Plan. In such cases, the applicant must submit a mitigation plan detailing how the project's failure to strictly comply will be compensated. In cases where a waiver is granted, the applicant should provide mitigation within the same watershed within which the subject project is proposed. If mitigation within the same watershed is not possible and/or practical the applicant shall contribute funding toward a regional stormwater control project or provide for equivalent treatment at an alternate location, or other equivalent water quality benefit, in lieu of implementing the required stormwater control measures on their specific site. Said mitigation must be reviewed and agreed upon by the City of Summit and City Engineer prior to commencement of mitigation work.
e. 
Nonstructural Stormwater Management Strategies.
1. 
To the maximum extent practicable, the standards in subsection 26-1.4f and subsection 26-1.4g shall be met by incorporating nonstructural stormwater management strategies set forth at subsection 26-1.4e into the design. The applicant shall identify the nonstructural measures incorporated into the design of the project. Documentation of the use of nonstructural stormwater management measures shall require the preparation by the applicant of the NJDEP Low Impact Development checklist. If the applicant contends that it is not feasible for engineering, environmental, or safety reasons to incorporate any nonstructural stormwater management measures identified in paragraph 2 below into the design of a particular project, the applicant shall identify the strategy or strategies considered and provide a basis for the contention. In both cases, the applicant bears the burden of proving any impracticability.
2. 
Nonstructural stormwater management strategies incorporated into site design shall:
(a) 
Protect areas that provide water quality benefits or areas particularly susceptible to erosion and sediment loss;
(b) 
Minimize the creation of new impervious surfaces and reduce, break up or disconnect the flow of runoff over impervious surfaces;
(c) 
Maximize the protection of natural drainage features and vegetation;
(d) 
Minimize the decrease in the "time of concentration" from pre-construction to post construction.
(e) 
Minimize land clearing and disturbance and overall site grading;
(f) 
Minimize soil compaction;
(g) 
Provide low-maintenance landscaping that encourages retention and planting of native vegetation and minimizes the use of lawns, fertilizers and pesticides;
(h) 
Provide vegetated open-channel conveyance systems discharging into and through stable vegetated areas;
(i) 
Provide other source controls to prevent or minimize the use or exposure of pollutants at the site, in order to prevent or minimize the release of those pollutants into stormwater runoff. Such source controls include, but are not limited to:
(1) 
Site design features that help to prevent accumulation of trash and debris in drainage systems, including features that satisfy subsection 26-1.4e3, below;
(2) 
Site design features that help to prevent discharge of trash and debris from drainage systems;
(3) 
Site design features that help to prevent and/or contain spills or other harmful accumulations of pollutants at industrial or commercial developments; and
(4) 
When establishing vegetation after land disturbance, applying fertilizer in accordance with the requirements established under the Soil Erosion and Sediment Control Act, N.J.S.A. 4:24-39 et seq., and implementing rules. Prior to applying fertilizer, the applicant must perform soil tests on-site in order to determine the type of fertilization necessary.
3. 
Site design features identified under subsection 26-1.4e2(i)(2) above shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets. For exemptions to this standard see subsection 26-1.4e3(c) below.
(a) 
Design engineers shall use either 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:
(1) 
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 (April 1996); or
(2) 
A different grate, if each individual clear space in that grate has an area of no more than seven (7.0) square inches, or is no greater than 0.5 inches across the smallest dimension.
Examples of grates subject to this standard include grates ingrate 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 basin floors.
(b) 
Whenever design engineers use a curb-opening inlet, the clear space in that curb opening (or each individual clear space, if the curb opening has two (2) or more clear spaces) shall have an area of no more than seven (7.0) square inches, or be no greater than two (2.0) inches across the smallest dimension.
(c) 
This standard does not apply:
(1) 
Where the review agency reviewing an application under this section, in consultation with the City Engineer, determines that this standard would cause inadequate hydraulic performance that could not practicably be overcome by using additional or larger storm drain inlets that meet these standards;
(2) 
Where flows from the water quality design storm as specified in subsection 26-1.4g1 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 (1) of the following:
[a] 
A rectangular space four and five-eighths (4 5/8) inches long and one and one-half (1 1/2) inches wide (this option does not apply for outfall netting facilities); or
[b] 
A bar screen having a bar spacing of 0.5 inches.
(3) 
Where flows are conveyed through a trash rack that has parallel bars with one (1) inch spacing between the bars, to the elevation of the water quality design storm as specified in subsection 26-1.4g1; or
(4) 
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.
4. 
Any land area used as a nonstructural stormwater management measure to meet the performance standards in subsection 26-1.4f and 26-1.4g shall be:
(a) 
Dedicated to a government agency;
(b) 
Subject to a conservation restriction filed with the appropriate County Clerk's office; or
(c) 
Subject to an approved equivalent restriction that ensures that measure or an equivalent stormwater management measure approved by the reviewing agency is maintained in perpetuity.
5. 
Guidance for nonstructural stormwater management strategies is available in the New Jersey Stormwater Best Management Practices Manual. The BMP Manual may be obtained from the address identified in subsection 26-1.7, or found on the Department's website at www.njstormwater.org.
f. 
Erosion Control, Groundwater Recharge and Runoff Quantity Standards.
1. 
This paragraph contains minimum design and performance standards to control erosion, encourage and control infiltration and groundwater recharge, and control stormwater runoff quantity impacts of major development projects.
(a) 
The minimum design and performance standards for erosion control are those established under the Soil Erosion and Sediment Control Act, N.J.S.A. 4:24-39 et seq. and implementing rules.
(b) 
The minimum design and performance standards for groundwater recharge are as follows:
(1) 
The design engineer shall, using the assumptions and factors for stormwater runoff and groundwater recharge calculations at subsection 26-1.5, either:
[a] 
Demonstrate through hydrologic and hydraulic analysis that the site and its stormwater management measures maintain one hundred (100%) percent of the average annual preconstruction groundwater recharge volume for the site; or
[b] 
Demonstrate through hydrologic and hydraulic analysis that any increase in the project site's projected stormwater runoff volume from preconstruction to post-construction for the 2-year, 24-hour storm is fully infiltrated.
(2) 
This groundwater recharge requirement does not apply to projects within the Urban Redevelopment Area, or to projects subject to paragraph (3) below.
(3) 
The following two (2) 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."
(4) 
The design engineer shall assess and certify 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, raising the groundwater table so as to cause surface ponding, flooding of basements and other subsurface facilities, and interference with the proper operation of subsurface sewage disposal systems and other subsurface structures in the vicinity or down gradient of the groundwater recharge area.
(c) 
Using the criteria for calculating stormwater runoff and groundwater recharge in subsection 26-1.5, the design engineer shall comply with at least one (1) of the following standards:
(1) 
Demonstrate through hydrologic and hydraulic analysis that for stormwater leaving the site, post-construction runoff hydrographs for the 2-, 10-, and 100-year storm events do not exceed, at any point in time, the site's preconstruction runoff hydrographs for the same storm events;
(2) 
Demonstrate through hydrologic and hydraulic analysis that there is no increase, as compared to the preconstruction condition, in the peak runoff rates of stormwater leaving the site for the 2-, 10-, 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;
(3) 
Design on-site stormwater management measures so that the post-construction peak runoff rates for the 2-, 10- and 100- year storm events are 50, 75 and 80 percent, respectively, of the site's preconstruction peak runoff rates. Peak stormwater outflow rates for these storms shall be adjusted where necessary to account for the discharge of increased stormwater runoff rates and/or volumes from project site areas not controlled by the on-site measures. The percentages apply only to 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. The percentages shall not be applied to post-construction stormwater runoff into tidal flood hazard areas if the increased volume of stormwater runoff will not increase flood damages below the point of discharge; or
(4) 
In tidal flood hazard areas, stormwater runoff quantity analysis in accordance with paragraphs (1), (2) and (3) above shall only be applied if the increased volume of stormwater runoff could increase flood damages below the point of discharge.
2. 
Any application for a new agricultural development that meets the definition of major development at subsection 26-1.2 shall be submitted to the appropriate Soil Conservation District for review and approval in accordance with the requirements of this section and any applicable Soil Conservation District guidelines for stormwater runoff quantity and erosion control.
g. 
Stormwater Runoff Quality Standards.
1. 
Stormwater management measures shall be designed to reduce the post-construction load of total suspended solids (TSS) in stormwater runoff by eighty (80%) percent of the anticipated load from the developed site, expressed as an annual average. Stormwater management measures shall only be required for water quality control if an additional one-quarter (1/4) acre or more of impervious surface is being proposed on a development site. 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 Pollution Discharge Elimination System (NJPDES) rules, N.J.A.C. 7:14A, or in a discharge specifically exempt under a NJPDES permit from this requirement. Daily limits of TSS may apply to the site development based on conditions of regulatory approvals. The water quality design storm is one and one-quarter (1.25) inches of rainfall in two (2) hours. Water quality calculations shall take into account the distribution of rain from the water quality design storm, as reflected in Table 1, subject to revisions due to subsequent rule changes. The calculation of the volume of runoff may take into account the implementation of nonstructural and structural stormwater management measures.
Table 1: Water Quality Design Storm Distribution
Time (minutes)
Cumulative Rainfall (inches)
Time (minutes)
Cumulative Rainfall (inches)
0
0.0000
65
0.8917
5
0.0083
70
0.9917
10
0.0166
75
1.0500
15
0.0250
80
1.0840
20
0.0500
85
1.1170
25
0.0750
90
1.1500
30
0.1000
95
1.1750
35
0.1330
100
1.2000
40
0.1660
105
1.2250
45
0.2000
110
1.2334
50
0.2583
115
1.2417
55
0.3583
120
1.2500
60
0.6250
2. 
For purposes of TSS reduction calculations, Table 2 below presents the presumed removal rates for certain BMPs designed in accordance with the New Jersey Stormwater Best Management Practices Manual. The BMP Manual may be obtained from the address identified in subsection 26-1.7, or found on the Department's website at www.njstormwater.org. The BMP Manual and other sources of technical guidance are listed in subsection 26-1.7. TSS reduction shall be calculated based on the removal rates for the BMPs in Table 2 below. Alternative removal rates and methods of calculating removal rates may be used if the design engineer provides documentation demonstrating the capability of these alternative rates and methods to the review agency. A copy of any approved alternative rate or method of calculating the removal rate shall be provided to the Department at the following address: Division of Watershed Management, New Jersey Department of Environmental Protection, PO Box 418, Trenton, New Jersey, 08625-0418.
3. 
If more than one (1) BMP in series is necessary to achieve the required eighty (80%) percent 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 (expressed as a whole number) from application of both BMPs, and
A = the TSS percent removal rate (whole number) applicable to the first (upstream) BMP
B = the TSS percent removal rate (whole number) applicable to the second (downstream) BMP
In cases where three (3) (or more) BMPs are used in series, the applicant shall calculate the TSS reduction for the two (2) most upstream BMPs in the series using the above formula, then substitute the result of that calculation in the formula for "A" when calculating the combined result with the next BMP in the series.
Table 2: Pollutant Removal Rates for BMPs[1]
Best Management Practice
TSS Percent Removal Rate
Total Phosphorus Percent Removal Rate
Total Nitrogen Percent Removal Rate
Bioretention Systems
90
60
30
Constructed Stormwater Wetland
90
50
30
Extended Detention Basin
40-60 (final rate based upon detention time; see New Jersey BMP Manual, Chap. 9
20
20
Infiltration Basin
80
60
50
Manufactured Treatment Device
Section 26.1-6(c)
Section 26.1-6(c)
Section 26.1-6(c)
Pervious Paving systems
80 (porous paving)
60
50
80 (permeable pavers with storage bed)
0 - volume reduction only (permeable pavers without storage bed)
0 - volume reduction only (permeable pavers without storage bed)
0 - volume reduction only (permeable pavers without storage bed)
Sand Filter
80
50
35
Vegetative Filter Strip (For filter strips with multiple vegetated covers, the final TSS removal rate should be based upon a weighted average of the adopted rates shown in Table 2, based upon the relative flow lengths through each cover type.)
60 (turf grass)
30
30
70 (native grasses, meadow and plated woods)
80 (indigenous woods)
Wet Pond/Retention Basin
50-90 (final rate based upon pool volume and detention time; see NJ BMP Manual)
50
30
[1]
Source: 7:8-5.5(c) and New Jersey BMP Manual Chapter 4.
4. 
If there is more than one (1) on-site drainage area, the eighty (80%) percent TSS removal rate shall apply to each drainage area, unless the runoff from the subareas converge on site in which case the removal rate can be demonstrated through a calculation using a weighted average.
5. 
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 nonstructural strategies and structural measures that optimize nutrient removal while still achieving the performance standards in subsection 26-1.4f and subsection 26-1.4g. This standard may be superseded by a more stringent numeric effluent limitation imposed under the New Jersey Pollution Discharge Elimination System (NJPDES) rules, N.J.A.C. 7:14A, or in a discharge specifically exempt under a NJPDES permit from this requirement. Daily limits for nutrient loading (TMDL) may apply to the site development based on conditions of regulatory approvals.
6. 
Additional information and examples are contained in the New Jersey Stormwater Best Management Practices Manual, which may be obtained from the address identified in subsection 26-1.7.
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. 
Special water resource protection areas shall be established along all waters designated Category One at N.J.A.C. 7:9B, and perennial or intermittent streams that drain into or upstream of the Category One waters as shown on the USGS Quadrangle Maps or in the County Soil Surveys, within the associated HUC14 drainage area. These areas shall be established for the protection of water quality, aesthetic value, exceptional ecological significance, exceptional recreational significance, exceptional water supply significance, and exceptional fisheries significance of those established Category One waters. These areas shall be designated and protected as follows:
(a) 
The applicant shall preserve and maintain a special water resource protection area in accordance with one (1) of the following:
(1) 
A three hundred (300)-foot special water resource protection area shall be provided on each side of the waterway, measured perpendicular to the waterway from the top of the bank outwards or from the centerline of the waterway where the bank is not defined, consisting of existing vegetation or vegetation allowed to follow natural succession is provided.
(2) 
Encroachment within the designated special water resource protection area under paragraph (1) above shall only be allowed where previous development or disturbance has occurred (for example, active agricultural use, parking area or maintained lawn area). The encroachment shall only be allowed where applicant demonstrates that the functional value and overall condition of the special water resource protection area will be maintained to the maximum extent practicable. In no case shall the remaining special water resource protection area be reduced to less than one hundred fifty (150) feet as measured perpendicular to the top of bank of the waterway or centerline of the waterway where the bank is undefined. All encroachments proposed under this paragraph shall be subject to review and approval by the Department.
(b) 
All stormwater shall be discharged outside of and flow through the special water resource protection area 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.
(c) 
If stormwater discharged outside of and flowing through the special water resource protection area cannot 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., then the stabilization measures in accordance with the requirements of the above standards may be placed within the special water resource protection area, provided that:
(1) 
Stabilization measures shall not be placed within one hundred fifty (150) feet of the Category One waterway;
(2) 
Stormwater associated with discharges allowed by this subsection shall achieve a ninety-five (95%) percent TSS post-construction removal rate;
(3) 
Thermal pollution by stormwater discharges shall be addressed to ensure no significant increase or decrease in temperature occurs in the receiving waterway outside of the mixing zone;
(4) 
The encroachment shall only be allowed where the applicant demonstrates that the functional value and overall condition of the special water resource protection area will be maintained to the maximum extent practicable;
(5) 
A conceptual project design meeting shall be held with the appropriate Department staff and Soil Conservation District staff to identify necessary stabilization measures; and
(6) 
All encroachments proposed under this subsection shall be subject to review and approval by the Department.
(d) 
A stream corridor protection plan may be developed by a regional stormwater management planning committee as an element of a regional stormwater management plan, or by a municipality through an adopted municipal stormwater management plan. If a stream corridor protection plan for a waterway subject to subsection 26-1.4g8 has been approved by the Department of Environmental Protection, then the provisions of the plan shall be the applicable special water resource protection area requirements for that waterway. A stream corridor protection plan for a waterway subject to paragraph g8 shall maintain or enhance the current functional value and overall condition of the special water resource protection area as defined in paragraph g8(a)(1) above. In no case shall a stream corridor protection plan allow the reduction of the Special Water Resource Protection Area to less than one hundred fifty (150) feet as measured perpendicular to the waterway subject to this subsection.
(e) 
Paragraph g8 does not apply to the construction of one (1) individual single-family dwelling that is not part of a larger development on a lot receiving preliminary or final subdivision approval on or before February 2, 2004, provided that the construction begins on or before February 2, 2009.
[Ord. No. 06-2701 § 1; Ord. No. 06-2718 § 1]
a. 
Stormwater Runoff Calculations.
1. 
In complying with the design and performance standards in subsection 26-1.4, the design engineer shall calculate stormwater runoff in accordance with one (1) 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 the NRCS National Engineering Handbook Part 630 - Hydrology and the current Technical Release 55 - Urban Hydrology for Small Watersheds or superseding document; or
(b) 
The Rational Method for peak stormwater runoff rate calculations and the Modified Rational Method for stormwater runoff hydrograph calculations. Use of the Rational Method and Modified Rational Method are limited to drainage areas of twenty (20) acres or less. Neither the Rational Method nor Modified Rational Method shall be used to calculate runoff volumes for groundwater recharge or stormwater runoff infiltration purposes.
(c) 
Alternative groundwater recharge calculation methods may be used upon approval by the City Engineer.
2. 
For the purpose of calculating runoff coefficients and groundwater recharge, there is a presumption that the preconstruction 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 at subsection 26-1.5a1(a) and the Rational and Modified Rational Methods at subsection 26-1.5a1(b). 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 (5) years without interruption prior to the time of application. If more than one (1) land cover has existed on the site during the five (5) 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 calculating preconstruction site stormwater runoff, the design engineer shall account for all significant land features and structures, such as ponds, wetlands, depressions, hedgerows, and/or culverts that may reduce preconstruction site stormwater runoff rates and/or volumes.
4. 
In calculating 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 within the drainage area.
5. 
Calculation of stormwater runoff from unconnected impervious surfaces shall be based, as applicable, upon the Two-Step methodology as described in the Department's current Stormwater Best Management Practices Manual or the methodology as described in the NRCS Technical Release 55 - Urban Hydrology for Small Watersheds.
6. 
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 tail water in the design of structural stormwater management measures.
b. 
Groundwater Recharge Calculations. When selecting or calculating runoff coefficients the design engineer may calculate groundwater recharge in accordance with the New Jersey Geological Survey Report GSR-32 A Method for Evaluating Ground-Water 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 http://www.state.nj.us/dep/njgs/; or at New Jersey Geological Survey, 29 Arctic Parkway, P.O. Box 427, Trenton, New Jersey 08625-0427; (609) 984-6587.
[Ord. No. 06-2701 § 1; Ord. No. 06-2718 § 1]
a. 
Structural Stormwater Management Measures.
1. 
Structural stormwater management measures shall be designed to take into account the existing site conditions which may cause the measure to fail, have an adverse effect on water quality or quantity, or cause harm or damage to persons or property, 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; existing or former mines; significant land fillings; and the presence of solution-prone carbonate rocks (limestone).
2. 
Structural 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 (1) 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 one-third (1/3) the width of the diameter of the orifice or one-third (1/3) the width of the weir, with a minimum spacing between bars of one (1) inch and a maximum spacing between bars of six (6) inches. In addition, the design of trash racks must comply with the requirements of subsection 26-1.8d.
3. 
Structural 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. The measures are to be sequenced in the site development process so that erosion control standards are met and so the measure is not compromised or impaired by construction runoff.
4. 
At the intake to the outlet from the stormwater management basin, the orifice size shall be a minimum of two and one-half (2.5) inches in diameter.
5. 
Stormwater management basins shall be designed to meet the minimum safety standards for stormwater management basins at subsection 26-1.8.
6. 
Where tail water will affect the hydraulic performance of a stormwater management measure, the design engineer shall include such effects in the design of said measure.
b. 
Guidelines for Stormwater Management Measures. Stormwater management measure guidelines are available in the New Jersey Best Management Practices Manual and other documents as described in subsection 26-1.7. Other stormwater management measures may be utilized provided the design engineer demonstrates to the satisfaction of the review agency, in consultation with the City Engineer that the proposed measure and its design will accomplish the required water quantity, groundwater recharge and water quality design and performance standards established by subsection 21.4 of this section.
c. 
Manufactured Treatment Devices.
1. 
Manufactured treatment devices may be used to meet the requirements of subsection 26-1.4 of this section; provided the pollutant removal rates are verified by the New Jersey Corporation for Advanced Technology and certified by the Department.
2. 
Nonverified manufactured treatment devices may also be used for purposes other than underground discharge of stormwater, where such devices provide a clear benefit to stormwater quality or flow control in a manner that facilitates improved nonstructural stormwater management controls on the site, or avoids the need for approval of off-site mitigation. The benefits of proposed nonverified manufactured treatment devices must be proved to the satisfaction of the review agency, in consultation with the City Engineer.
3. 
Manufactured treatment devices may be used only where the maintenance plan required by subsection 26-1.10 ensures that the manufactured device will be properly maintained for its functional lifespan and will be replaced as needed with management measures that are at least as effective as the original manufactured treatment device working in accordance with manufacturer's specifications.
[Ord. No. 06-2701 § 1; Ord. No. 06-2718 § 1]
a. 
Primary Technical Guidance. Technical guidance for stormwater management measures can be found in the documents listed at paragraph 1 and 2 below, which are available from Maps and Publications, New Jersey Department of Environmental Protection, 428 East State Street, P.O. Box 420, Trenton, New Jersey 08625; telephone (609) 777-1038.
1. 
Guidelines for stormwater management measures are contained in the New Jersey Stormwater Best Management Practices Manual, as amended. Information is provided on stormwater management measures such as: bioretention systems, constructed stormwater wetlands, dry wells, extended detention basins, infiltration structures, manufactured treatment devices, pervious paving, sand filters, vegetative filter strips, and wet ponds. This document is also available at www.njstormwater.org.
2. 
The New Jersey Department of Environmental Protection Stormwater Management Facilities Maintenance Manual, as amended.
b. 
Additional Technical Guidance. Additional technical guidance for stormwater management measures can be obtained from the following:
1. 
The "Standards for Soil Erosion and Sediment Control in New Jersey" promulgated by the State Soil Conservation Committee and incorporated into N.J.A.C. 2:90. Copies of these standards may be obtained by contacting the State Soil Conservation Committee or any of the Soil Conservation Districts listed in N.J.A.C. 2:90-1.3(a)4. The location, address, and telephone number of each Soil Conservation District may be obtained from the State Soil Conservation Committee, P.O. Box 330, Trenton, New Jersey 08625; (609) 292-5540 or the Somerset-Union County Soil Conservation District; Somerset County 4-H Center; 308 Milltown Road; Bridgewater, NJ 08807; (908)526-2701.
2. 
The Rutgers Cooperative Extension Service, 732-932-9306; and
3. 
The United States Environmental Protection Agency, including the National Management Measures to Control Nonpoint Source Pollution from Urban Areas, available at the Web site: http://www.epa.gov/owow/nps/urbanmm/index.html.
4. 
Field guides of the United States Department of Agriculture, Natural Resources Conservation Environmental Protection, 428 East State Street, P.O. Box 420, Trenton, New Jersey 08625; (609) 777-1038.
5. 
Other similarly authoritative governmental or trade association sources acceptable to the City of Summit.
[Ord. No. 06-2701 § 1; Ord. No. 06-2718 § 1]
a. 
General Scope. This subsection sets forth requirements to protect public safety through the proper design and operation of stormwater management basins. This subsection applies to any new stormwater management basin.
b. 
Requirements for Trash Racks, Overflow Grates and Escape Provisions.
1. 
A trash rack is a device intended to intercept runoff-borne trash and debris that might otherwise clog/block the hydraulic openings in the outlet structure of a structural stormwater management measure. Trash racks shall be installed at the upstream intake of such stormwater management outlet structure to ensure proper functioning of the structural stormwater management measure in accordance with the following:
(a) 
The trash rack shall have parallel bars, with no greater than six (6) 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 two and one-half (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.
(d) 
The trash rack shall be constructed and installed to be rigid, durable, and corrosion resistant, and shall be designed to withstand a perpendicular live loading of three hundred (300) lbs./ft. sq.
2. 
An overflow grate is a device intended to protect the opening in the top of a stormwater management measure outlet structure. It 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 (2) 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 three hundred (300) lbs./ft. sq.
3. 
Stormwater management basins shall include escape provisions as follows:
(a) 
If a structural stormwater management measure has an outlet structure, escape provisions shall be incorporated in or on the structure. With the prior approval of the reviewing agency and/or the City Engineer identified in subsection 26-1.8c a freestanding outlet structure may be exempted from this requirement.
(b) 
Safety ledges shall be constructed on the slopes of all new stormwater management basins having a permanent pool of water deeper than two and one-half (2.5) feet. Such safety ledges shall be comprised of two (2) steps. Each step shall be four (4) to six (6) feet in width. One (1) step shall be located approximately two and one-half (2.5) feet below the permanent water surface, and the second step shall be located one (1) to one and one-half (1.5) feet above the permanent water surface. See subsection 26-1.8d for an illustration of safety ledges in a stormwater management basin.
(c) 
In new stormwater management basins, the maximum interior slope for an earthen dam, embankment, or berm shall not be steeper than 3 horizontal to 1 vertical in accordance with N.J.A.C. 7:8-6(c)3.
(d) 
An emergency drawdown method for detention basins is required where the permanent pool will be more than two and one-half (2.5) feet deep. This drawdown method must consider downstream or off-site stability at the outfall in accordance with the Standards for Soil Erosion and Sediment Control in New Jersey.
c. 
Variance or Exemption from Safety Standards.
1. 
A variance or exemption from the safety standards for stormwater management basins may be granted only upon a written finding by the appropriate reviewing agency (municipality, County or department) that the variance or exemption will not constitute a threat to public safety.
d. 
Illustration of Safety Ledges in a New Stormwater Management Basin.
[Ord. No. 06-2701 § 1; Ord. No. 06-2718 § 1]
a. 
Submission of Site Development Stormwater Plan.
1. 
Whenever an applicant seeks municipal approval of a development subject to this section, the applicant shall submit all of the required components of the Checklist for the Site Development Stormwater Plan at subsection 26-1.9c below as part of the submission of the applicant's application for subdivision or site plan approval.
2. 
The applicant shall demonstrate through submission requirements that the project meets the standards set forth in this section.
3. 
The applicant shall submit a minimum of three (3) copies to the Engineering Division of materials listed in the checklist for site development stormwater plans in accordance with subsection 26-1.9c of this section.
b. 
Site Development Stormwater Plan Approval. The applicant's site development project shall be reviewed as a part of the subdivision or site plan review process by the municipal board or official from whom municipal approval is sought. That municipal board or official shall consult the engineer retained by the Planning and/or Zoning Board (as appropriate) to determine if all of the checklist requirements have been satisfied and to determine if the project meets the standards set forth in this section.
c. 
Checklist Requirements. The following information shall be required:
1. 
Existing Site Conditions Base Map, including topography and the following information:
(a) 
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 two hundred (200) feet beyond the limits of the proposed development, at a scale of one inch equals two hundred feet (1"=200') or greater, showing two (2)-foot contour intervals.
(b) 
The map as appropriate should include the following (when applicable): 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 flood plains 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. Provide a written and graphic description of the natural and man-made features of the site and its environs. This description should include a discussion of soil conditions, slopes, wetlands, waterways and vegetation on the site. Particular attention should be given to unique, unusual, environmentally sensitive features or environmentally critical areas and to those that provide particular opportunities or constraints for development.
3. 
Project Description and Site Plan(s). A map (or maps) at the scale of the existing site conditions base map (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 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 of proposed changes in natural conditions may also be provided.
4. 
Land Use Planning and Source Control Plan. This plan shall provide a demonstration of how the goals and standards of subsection 26-1.3 through subsection 26-1.6 are being met, including both nonstructural and structural approaches. 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. The applicant should refer to the City of Summit Stormwater Management Plan and the City of Summit Stormwater Pollution Prevention Plan for additional requirements.
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 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 infiltrate, manage, 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 and discharge stability calculations for the predevelopment and post-development conditions for the design storms specified in subsection 26-1.4 of this section.
(b) 
When the proposed stormwater management control measures (e.g., infiltration basins) depend on the hydrologic properties of soils, then a soils report shall be submitted for review. The soils report shall be based on on-site 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. The City of Summit shall be notified of site investigation activities and given the opportunity to have a witness, either prior to approval or as a condition of approval, as appropriate for the specific type of measure. Subsequent to approval of the development, post-construction bulk soil density and infiltration testing shall be required for all infiltration measures that were used as justification for meeting the recharge standard, to ensure that they were properly constructed.
7. 
Maintenance and Repair Plan. The design and planning of the stormwater management facility shall meet the maintenance requirements of subsection 26-1.10.
8. 
Waiver from Submission Requirements. The City of Summit official or board reviewing an application under this section may, in consultation with the City Engineer, waive submissions of any of the requirements in subsection 26-1.9c1 through subsection 26-1.9c6 of this section 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.
[Ord. No. 06-2701 § 1; Ord. No. 06-2718 § 1; Ord. No. 2015-3092]
a. 
Applicability.
1. 
Projects subject to review as in subsection 26-1.1c of this section shall comply with the requirements of subsection 26-1.10b and subsection 26-1.10c.
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. This plan shall be separate from all other documents and designed for ongoing use by the site owner(s) or operator(s) in performing and documenting maintenance and repair, and by the City of Summit in ensuring implementation of the maintenance plan. The final maintenance plan shall be updated and provided to the City of Summit post-construction to include an evaluation based on the specifications of the initial maintenance plan and as-built conditions.
2. 
The maintenance plan shall contain specific preventative maintenance tasks and schedules; cost estimates, including estimated cost of sediment, debris, or trash removal; safety needs; identification of methods and disposal sites for materials removed during maintenance; maintenance requirements for created wetlands and other ecological systems; safety devices and systems; warranty and operational standards from the manufactures of any manufactured treatment devices; and the name, address, and telephone number of the person or persons responsible for preventative and corrective maintenance (including replacement) using maintenance guidelines for stormwater management measures from subsection 26-1.7, the City of Summit Municipal Stormwater Management Plan, City of Summit Stormwater Pollution Prevention Plan, any relevant regional stormwater management plan and the maintenance guidelines for stormwater management measures at described in the New Jersey Stormwater Best Management Practices Manual. If the maintenance plan identifies a person other than the developer (for example, a public agency or homeowners' association) as having the responsibility for maintenance, the plan shall included documentation of such person's agreement to assume this responsibility, or of the developer's obligation to dedicate a stormwater management facility to such person under an applicable ordinance or regulation.
3. 
Responsibility for maintenance shall not be assigned or transferred to the owner(s) or tenant(s) of an individual property in a residential development or project, unless such owner(s) or tenant(s) owns or leases the entire residential development or project.
4. 
If the person responsible for maintenance identified under subsection 26-1.10b2 above is not a public agency, the maintenance plan and any future revisions based on subsection 26-1.10b7 below shall be recorded upon the deed of record for each property on which the maintenance described in the maintenance plan must be undertaken.
5. 
Preventative and corrective maintenance shall be performed to maintain the function of the stormwater management measure, including, 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.
6. 
The person responsible for maintenance identified under subsection 26-1.10b2 above shall maintain a detailed log of all preventative and corrective maintenance for the structural stormwater management measures incorporated into the design of the development, including a record of all inspections and copies of all maintenance related work orders.
7. 
The person responsible for maintenance identified under subsection 26-1.10b2 above shall evaluate the effectiveness of the maintenance plan at least once per year and adjust the plan and the deed as needed.
8. 
The person responsible for maintenance identified under subsection 26-1.10b2 above shall retain, submit annually to the City Engineer 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 subsection 26-1.10b6 and subsection 26-1.10b7 above.
9. 
The requirements of subsection 26-1.10b3 and subsection 26-1.10b4 do not apply to stormwater management facilities that are dedicated to and accepted by the municipality or another governmental agency of competent jurisdiction.
10. 
Authorized representatives of the City of Summit, including, but not limited to, the City Engineer, Public Works Manager and Construction Official may enter the site as needed in order to conduct on-site inspections as discussed in subsection 26-1.10d. The inspections shall be required to review and confirm that the information filed in the required reports as stated in subsection 26-1.10b6 are correct. Additional inspections and reviews may be made as deemed appropriate by the City of Summit.
11. 
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 City Engineer shall so notify the responsible person in writing. Upon receipt of that notice, the responsible person shall have seven (7) calendar days from receipt of the notice to temporarily correct the violations and fourteen (14) calendar days from receipt of notice to permanently maintain or repair the facility in a manner that is approved by the City Engineer or his designee. The City Engineer, 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 City of Summit may immediately proceed to do so and shall either bill the cost thereof to the responsible person, enforce penalties and/or liens as determined by the City of Summit and as described below.
c. 
Performance and Maintenance Guarantee. 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 or the City of Summit Ordinances.
d. 
Maintenance Access. The maintenance plan shall specifically provide a specific municipal right of access, which may include stormwater easements or covenants. The maintenance access shall be provided by the property owner(s) for access regarding facility inspections and maintenance, as required. Easements and covenants shall be recorded with the City of Summit prior to issuance of a permit.
e. 
Alteration of Maintenance Plan. Any alteration in maintenance responsibility or alterations to maintenance plans and agreements must be reviewed and approved by the City of Summit official or board that reviewed the application under this section in consultation with the City Engineer, Public Works Manager and Construction Official.
f. 
Recording of Information. All maintenance information and alterations to maintenance agreements shall be recorded with the office of the City Engineer, Department of Community Services, as described in subsection 26-1.10b8. Copies of all maintenance agreements and alterations to maintenance agreements shall be included in the applicant's stormwater management plans and documents. Recording of the maintenance agreements in accordance with this section shall be the responsibility of the owner.
[Ord. No. 06-2701 § 1; Ord. No. 06-2718 § 1; Ord. No. 2015-3092]
Any person who erects, constructs, alters, repairs, converts, maintains, or uses any building, structure or land in violation of this section shall be subject to the following penalties:
a. 
Responsibility for Administration. The Public Works Manager, City Engineer and Building Department Official shall administer, implement and enforce the provisions of this section. Any powers granted or duties imposed upon the Public Works Manager, City Engineer or Building Department Official may be delegated in writing to the person(s) or entities acting in the best interest of or in the employment of the City of Summit.
b. 
Enforcement of Penalties and Liens.
1. 
Should the applicant/owner fail to take the corrective actions, the City of Summit shall then have the right to take the available appropriate remedies it deems necessary to correct the violations including fining the owner up to one thousand ($1,000.00) dollars per day for each day the applicant/owner is in violation. The City will assert a lien on the subject property in an amount equal to the costs of remedial actions if necessary. The lien shall be enforced in the manner provided or authorized by law for the enforcement of common law liens on personal property. The lien shall be recorded with the City of Summit and the applicant/owner shall incur all legal costs for the recording. The imposition of any penalty shall not exempt the offender from compliance with the provisions of this section, including assessment of a lien on the property.
2. 
Whenever a structural BMP is not implemented, operated, and/or maintained in accordance with the Stormwater Management Plan which has been approved in accordance with this section, any penalty invoked shall be in accordance with subsection 26-1.11b1.
[Ord. No. 06-2701 § 10; Ord. No. 06-2718 § 1]
This section shall take effect immediately upon the approval by Common Council, or sixty (60) days from the receipt of the section by the Union County Division of Engineering if the Division should fail to act.
[Ord. No. 06-2701 § 1; Ord. No. 06-2718 § 1]
If the provisions of any subsection, paragraph, subdivision, or clause of this section shall be judged invalid by a court of competent jurisdiction, such order of judgment shall not affect or invalidate the remainder of any subsection, paragraph, subdivision, or clause of this section.
[Ord. No. 05-2656 § 1]
The Common Council finds that:
a. 
The groundwater underlying the City is a major source of existing and future water supplies, including drinking water. The groundwater underlying the City lies within the Buried Valley Aquifer Systems of the Central Passaic River Basin, designated as a "sole source" aquifer under Section 142(e) of the Federal Safe Drinking Water Act of 1974.
b. 
The groundwater aquifers are integrally connected with, are recharged by, and flow into the surface waters, lakes and streams, which also constitute a major source of water for drinking, commercial and industrial needs.
c. 
Accidental spills and discharges of toxic and hazardous materials may threaten the quality of these groundwater supplies and related water sources.
d. 
Contaminated water from any source is a detriment to the health, welfare and comfort of the residents of the City, and other users of these water resources.
e. 
Spills or discharges of hazardous substances or hazardous wastes may contaminate or pollute water. As a preventive measure, the proximity of such materials to sources of water supplies, such as public community wells, should be restricted so that there will be sufficient time to find and clean up such spills or discharges before water supplies become contaminated.
[Ord. No. 05-2656 § 1]
The purpose of this section is to protect the public health, safety and welfare through the protection of the groundwater resources underlying the City to ensure a supply of safe and healthful drinking water for present and future generations of local residents, employees and the general public in the City, as well as users of these water supplies outside the City. Areas of land surrounding each public community well, known as Well Head Protection Areas (WHPAs), from which contaminants may move through the ground to be withdrawn in water taken from the well, have been delineated. Through regulation of land use, physical facilities and other activities within these areas, the potential for groundwater contamination can be reduced. The purpose of the regulations contained in this section is to prevent the migration of potential pollutants from areas within the WHPA into groundwater that is withdrawn from a public community well.
[Ord. No. 05-3656 § 1]
ADMINISTRATIVE AUTHORITY
Shall mean the Planning Board or Board of Adjustment and the Board of Health, acting jointly and in consultation, with all of the powers delegated, assigned, or assumed by them according to statute and ordinance.
APPLICANT
Shall mean a person applying to the Board of Health, Planning Board, Board of Adjustment or Construction Office proposing to engage in an activity that is regulated by the provisions of this section, and that would be located with a regulated WHPA.
AQUIFER
Shall mean a formation, group of formations, or part of a formation that contains sufficient saturated permeable rock, sand, or gravel which is capable of storing and transmitting usable quantities of water to wells and springs.
BEST MANAGEMENT PRACTICES (BMP)
Shall mean performance or design standards established to minimize the risk of contaminating groundwater or surface waters while managing the use, manufacture, handling or storage of hazardous substances or hazardous wastes.
CONTAMINATION
Shall mean the presence of any harmful or deleterious substances in the water supply.
DEVELOPMENT
Shall mean the carrying out of any construction, reconstruction, alteration of surface or structure or change of land use or intensity of use.
DISCHARGE
Shall mean any intentional or unintentional action or omission, unless pursuant to and in compliance with the conditions of a valid and effective Federal or State permit, resulting in the releasing, spilling, pumping, pouring, omitting, emptying or dumping of a hazardous substance into the waters or lands of the State or into waters outside the jurisdiction of the State when damage may result to the lands, waters or natural resources within the jurisdiction of the State.
GROUND WATER
Shall mean water contained in interconnected pores of a saturated zone in the ground, also known as well water. A saturated zone is a volume of ground in which the voids in the rock or soil are filled with water at a pressure greater than atmosphere.
HAZARDOUS SUBSTANCE
Shall mean any substance designated under 42 U.S.C. § 9601 et seq. (CERCLA) or 40 C.F.R. 116 et seq., or the Spill Compensation and Control Act, N.J.S.A. 58:10-23.11 et seq. Substances listed include petroleum, petroleum products, pesticides, solvents and other substances.
HAZARDOUS WASTE
Shall mean any solid waste that is defined or identified as a hazardous waste pursuant to the Solid Waste Management Act, N.J.S.A. 13:1E et seq., N.J.A.C. 7:26-8, or 40 CFR Part 261.
MAXIMUM CONTAMINANT LEVEL
Shall mean maximum permissible level of contaminant in water which is delivered to any user of a public community water system.
NJDEP
Shall mean New Jersey Department of Environmental Protection.
PERSON
Shall mean any individual, public or private corporation, company, partnership, firm, association, owner or operator, political subdivision of this State, and any state, Federal or interstate agency or an agent or employee thereof.
POLLUTED WATER.
In the content of drinking water, water is polluted when a pollutant is present in excess of a maximum contaminant level or bacteriological limit established by law or regulation.
POTENTIAL POLLUTANT SOURCE (PPS)
Shall mean activity or land use which may be a source of a pollutant that has the potential to move into ground water withdrawn from a well. For the purposes of this chapter Potential Pollutant Sources are defined in subsection 26-2.6.
PPS
Potential Pollutant Source.
PUBLIC COMMUNITY WELL
Shall mean a public water supply well which serves at least fifteen (15) service connections used by year-round residents or regularly serves at least twenty-five (25) year-round residents.
SIC
Shall mean Standard Industrial Classification.
SOLE SOURCE AQUIFER
Shall mean any drinking water aquifer upon which more than fifty (50%) percent of a population group depends and for which there is no practicable or affordable alternate water supply, as certified by the United State Environmental Protection Agency.
TIME OF TRAVEL (TOT)
Shall mean the average time that a volume of water will take to travel in the saturated zone from a given point to a pumping well.
TIER 1 WELLHEAD PROTECTION AREA
Shall mean that area of land within a WHPA from which ground water may enter the well within two (2) years. (See maps referenced under subsection 26-2.4).
TIER 2 WELLHEAD PROTECTION AREA
Shall mean that area of land within a WHPA from which ground water may enter the well within five (5) years. (See maps referenced under subsection 26-2.4).
TIER 3 WELLHEAD PROTECTION AREA
Shall mean that area of land within a WHPA from which ground water may enter the well within twelve (12) years. (See maps referenced under subsection 26-2.4).
WELLHEAD
Shall mean the well borehole and appurtenant equipment.
WELLHEAD PROTECTION AREA (WHPA)
Shall mean an area described in plan view around a well, from which ground water flows to the well and ground water pollution, if it occurs, may pose a significant threat to the quality of water withdrawn from the well.
WHPA
Wellhead Protection Area.
[Ord. No. 05-2656 § 1]
a. 
Wellhead Protection Area Maps.
1. 
The delineations of Well Head Protection Areas for public community wells, which were published by the New Jersey Geological Survey of the New Jersey Department of Environmental Protection, are incorporated herein and made part of this section. They are designated as follows: New Jersey Well Head Protection Areas, Edition 2, Geospatial Date Presentation, New Jersey Digital Data Series, DGS02-2, dated 18 June, 2002. A description of these data and the terms and conditions of the use of these data may be found at http://www.state.nj.us/dep/njgs/whpaguide.pdf and http://www.state.nj.us/dep/njgs/geodata/dgs97-1.htm. A map of the Wellhead Protection Areas located within the City is included as part of this subsection. Maps of the municipality on which these delineations have been overlaid shall be on file and maintained by the offices of the City Clerk and of the Board of Health of the City.
2. 
Wellhead Protection Areas, as shown on the maps described in subsection 26-2.4, shall be considered to be superimposed over any other established zoning district located within the City. Land in a Wellhead Protection Area may be used for any purpose permitted in the underlying district, subject to additional restriction set forth in this section.
b. 
Assignment of Restriction within Wellhead Protection Area: Properties located wholly or partially within a Wellhead Protection Area shall be governed by the restrictions applicable to the Wellhead Protection Area.
[Ord. No. 05-2656 § 1]
a. 
The Administrative Authority for administering the provisions of this section shall be the Planning Board, Zoning Board of Adjustment or the Board of Health of the City of Summit.
b. 
Any applicant for a permit requesting a change in land use or activity, which is subject to review under the provisions of the Municipal Land Use Law and other pertinent regulations of the City, and which is located within the delineated WHPA, as defined in subsection 26-2.4, that involves a Potential Pollutant Source (PPS), as defined in subsection 26-2.6, shall comply with the requirements of this subsection.
c. 
Any applicant for a permit requesting a change in land use or activity, which is subject to the requirements of this Section, shall file an Operations and Contingency Plan, as required by subsection 26-2.8, with the Administrative Authority. No permit that allows a change in land use or activity, which is subject to the requirements of this subsection, shall be granted unless an Operations and Contingency Plan for the proposed change has been approved by the Administrative Authority. Any plan approved by the Administrative Authority shall be kept on file in the office of the City Clerk, and shall be available to the public for inspection.
d. 
Any change in land use or activity that introduces a major or minor Potential Pollutant Source (PPS), as defined in subsection 26-2.6 shall be prohibited within a Tier 1 WHPA.
e. 
Any change in land use or activity that introduces a major PPS, as defined in subsection 26-2.6, shall be prohibited within a Tier 2 WHPA.
f. 
Any change in land use or activity that involves any PPS, as defined in subsection 26-2.6, within any WHPA, that is not prohibited pursuant to subsection 26-2.6, within any WHPA, that is not prohibited pursuant to subsection 26-2.5d or 26-2.5e, shall comply with the Best Management Practice Standards, as defined in subsection 26-2.7.
g. 
This subsection is supplementary to other laws and ordinances in the City. Where this subsection or any portion thereof imposed a greater restriction that is imposed by other regulations, the provisions of this subsection shall supersede. These rules and regulations shall in no way affect the limitations or requirements applicable in the underlying zoning districts of the City of Summit.
[Ord. No. 05-2656 § 1]
The following are major and minor Potential Pollutant Sources (PPS) subject to the requirements of this section. This listing is consistent with the New Jersey Safe Drinking Water Act, N.J.A.C. 7:10-11.7 through 12.12.
a. 
Major PPSs include:
1. 
Permanent storage or disposal of hazardous wastes, industrial or municipal sludge or radioactive materials, including solid waste landfills.
2. 
Collection and transfer facilities for hazardous wastes, solid wastes that contain hazardous materials, and radioactive materials.
3. 
Any use or activity requiring the underground storage of a hazardous substance or waste in excess of an aggregate total of fifty (50) gallons.
4. 
Underground fuel and chemical storage and oil tanks regulated by NJDEP under provisions of the Underground Storage of Hazardous Substances Act (N.J.S.A. 58:10A-21 et seq.).
5. 
Aboveground storage facility for a hazardous substance or waste with a cumulative capacity greater than two thousand (2,000) gallons.
6. 
Any industrial treatment facility lagoon.
7. 
Any facility with a SIC Code number included under the New Jersey Safe Drinking Water Act Regulations at N.J.A.C. 7:10A-1.14, Table 11 (N), with a toxicity number of II or greater.
8. 
Automotive service center (repair and maintenance).
9. 
Landfill.
10. 
Dry cleaning facility.
11. 
Road salt storage facility.
12. 
Cemetery.
13. 
Highway maintenance yard.
14. 
Truck, bus, locomotive maintenance yard.
15. 
Site for storage and maintenance of heavy construction equipment and materials.
16. 
Site for storage and maintenance of equipment and materials for landscaping.
17. 
Livestock operation.
18. 
Quarrying and/or mining facility.
19. 
Asphalt and/or concrete manufacturing facility.
20. 
Junkyard/auto recycling and scrap metal facility.
21. 
Residential or agricultural motor fuel in NJDEP exempted underground storage tanks (i.e., under one thousand (1,000) gallons).
b. 
Minor PPSs include:
1. 
Underground storage of hazardous substance or waste of less than fifty (50) gallons.
2. 
Underground heating oil storage tank with a capacity of less than two thousand (2,000) gallons.
3. 
Sewage treatment facility.
4. 
Sanitary sewer system, including sewer line, manhole, or pump station. (See conditions in subsection 26-2.6c.)
5. 
Industrial waste line. (See conditions in subsection 26-2.6c.)
6. 
Septic leaching field.
7. 
Facility requiring a ground water discharge permit issued by the NJDEP pursuant to N.J.A.C. 7:14A et seq.
8. 
Stormwater retention-recharge basin.
9. 
Dry well. (See conditions in subsection 26-2.6c.)
10. 
Stormwater line. (See conditions in Section 26-2.6c.)
11. 
Waste oil collection, storage and recycling facility.
12. 
Agricultural chemical bulk storage and mixing or loading facility, including crop dusting facilities.
13. 
Aboveground storage of hazardous substance or waste in quantities of less than two thousand (2,000) gallons.
c. 
Conditions.
1. 
Sanitary sewer lines, industrial waste lines and stormwater lines may be located no closer than one hundred (100) feet to a regulated well, and only if they are constructed of watertight construction (that is steel, reinforced concrete, cast iron, PVC or other suitable material).
2. 
Manhole and/or connections to a sanitary sewer system are prohibited within one hundred (100) feet of a regulated well.
3. 
Dry wells dedicated to roof runoff and serving residential properties or commercial or industrial properties with SIC codes not listed in N.J.A.C. 7:10A-1.14, Table II (N), may be located no closer than one hundred (100) feet to a regulated well.
[Ord. No. 05-2656 § 1]
Any applicant proposing any change in land use or activity that involves any PPS, as defined in subsection 26-2.6, that would be located either wholly or partially within any WHPA shall comply with and operate in a manner consistent with the following Best Management Practices:
a. 
All portions or areas of a facility in which hazardous substances or hazardous wastes are stored, processed, manufactured or transferred outdoors, shall be designed so that the discharges of hazardous substances will be prevented from overflowing, draining, or leaching into the ground water or surface waters.
b. 
Outdoor storage, dispensing, loading, manufacturing or processing areas of hazardous substances or hazardous wastes must be protected from precipitation, stormwater flows or flooding.
c. 
Whenever hazardous substances are stored, processed, manufactured or transferred outdoors, the design features shall include secondary contaminant and/or diversionary structures which may include but not be limited to:
1. 
Containers, dikes, berms or retaining walls sufficiently impermeable to contain spilled hazardous substances, for the duration of a spill event.
2. 
Curbing.
3. 
Gutter, culverts and other drainage systems.
4. 
Weirs, booms and other barriers.
5. 
Lined diversion ponds, lined lagoons and lined retention basins, holding tanks, sumps, slop tanks and other collecting systems.
6. 
Drip pans.
d. 
Secondary contaminant and/or diversionary systems, structure or equipment must meet the following standards:
1. 
The system must block all routes by which spilled hazardous substances could be expected to flow, migrate, or escape into the ground water or surface waters.
2. 
The system must have sufficient capacity to contain or divert the largest probable single discharge that could occur within the contaminant area, plus additional capacity to compensate for any anticipated normal accumulation of rainwater.
3. 
In order to prevent the discharge of hazardous substances into the ground water, all components of the system shall be made of or lined with impermeable material sufficient to contain the substance for the duration of a spill event. Such material or liner must be maintained in an impermeable condition.
4. 
No manufacturing area, processing area, transfer area, dike storage area, or other storage area, or secondary contaminant/diversion system appurtenant thereto shall drain into a watercourse, or into a ditch, sewer, pipe or storm drain that leads directly or indirectly into a surface or subsurface disposal area, unless provision has been made to intercept and treat any spilled hazardous substances in an NJDEP approved industrial wastewater treatment or pretreatment facility, or other NJDEP approved facility.
5. 
Catchment basins, lagoons and other contaminant areas that may contain hazardous substances should not be located in a manner that would subject them to flooding by natural waterways.
e. 
Stormwater shall be managed so as to prevent contamination of groundwater, and so as to be in accordance with applicable laws and regulations of the State of New Jersey, and of the City of Summit.
[Ord. No. 05-2656 § 1]
a. 
Any applicant proposing any change in land use or activity that involves PPS, as defined in subsection 26-2.6, that would be located either wholly or partially within any WHPA shall submit an Operations and Contingency Plan to the Administrative Authority. This Operations and Contingency Plan shall inform the Administrative Authority about the following aspects of the proposal:
1. 
Types of PPS proposed for site;
2. 
Types and quantities of hazardous substances or hazardous wastes that may be used or stored on site;
3. 
Means to be employed to contain or restrict the spillage or migration of hazardous substances or hazardous wastes from the site into groundwater;
4. 
Means to be used to contain or remediate accidental spillage of such materials;
5. 
Means to notify Administrative Authority about any accidental spillage of such materials;
6. 
Demonstration that the proposed use and/or activity would employ, to the maximum extent possible, best management practices, as set forth in subsection 26-2.7, to protect groundwater in the WHPA and minimize the risk of potential ground water contamination.
b. 
The Administrative Authority shall review, and shall approve or reject any Operations and Contingency Plan prior to approving or denying the application for a land use change or activity.
c. 
Any Operations and Contingency Plan submitted shall be available for public review and comment.
[Ord. No. 05-2656 § 1]
A prompt investigation shall be made by the appropriate personnel of the City of Summit of any person or entity believed to be in violation of this chapter. If, upon inspection, a condition which is in violation of this chapter is discovered, a civil action may be commenced 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 chapter shall be construed to preclude the City's right, pursuant to any applicable statute, to initiate legal proceedings under this chapter in Municipal Court. The violation of any section or subsection of this chapter shall constitute a separate and distinct offense independent of the violation of any other section or subsection, or of any order pursuant to this chapter. Each day a violation continues shall be considered a separate offense.
[Ord. No. 05-2656 § 1]
Any person(s) who is found to be in violation of the provisions of this chapter shall be subject to a fine as set forth in Chapter 1, Section 1-5, General Penalty, of the Code.
[Ord. No. 05-2666 § 1]
The purpose of this section is to establish requirements for the proper disposal of pet solid waste in City of Summit, so as to protect public health, safety and welfare, and to prescribe penalties for failure to comply.
[Ord. No. 05-2666 § 1]
For the purpose of this section, the following terms, phrases, words and their derivations shall have the meanings stated herein unless their use in the text of this section clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
IMMEDIATE
Shall mean that the pet solid waste is removed at once, without delay.
OWNER/KEEPER
Shall mean any person who shall possess, maintain, house or harbor any pet or otherwise have custody of any pet, whether or not the owner of such pet.
PERSON
Shall mean any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.
PET
Shall mean a domesticated animal (other than a disability assistance animal) kept for amusement or companionship.
PET SOLID WASTE
Shall mean waste matter expelled from the bowels of the pet; excrement.
PROPER DISPOSAL
Shall mean placement in a designated waste receptacle, or other suitable container, and discarded in a refuse container which is regularly emptied by the municipality or some other refuse collector; or disposal into a system designed to convey domestic sewage for proper treatment and disposal.
[Ord. No. 05-2666 § 1]
All pet owners and keepers are required to immediately and properly dispose of their pet's solid waste deposited on any property, public or private, not owned or possessed by that person.
[Ord. No. 05-2666 § 1]
Any owner or keeper who requires the use of a disability assistance animal shall be exempt from the provisions of this section while such animal is being used for that purpose.
[Ord. No. 05-2666 § 1]
(See Chapter 3, POLICE REGULATIONS, Section 3-7, LITTER PREVENTION REGULATIONS.)
[Ord. No. 05-2666 § 1]
The purpose of this section is to prohibit the spilling, dumping, or disposal of materials other than stormwater to the municipal separate storm sewer system (MS4) operated by the City of Summit, so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.
[Ord. No. 05-2666 § 1]
For the purpose of this section, the following terms, phrases, words, and their derivations shall have the meanings stated herein unless their use in the text of this section clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
Shall mean a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains) that is owned or operated by the City of Summit or other public body, and is designed and used for collecting and conveying stormwater.
PERSON
Shall mean any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.
STORMWATER
Shall mean water resulting from precipitation (including rain and snow) that runs off the land's surface, is transmitted to the subsurface, is captured by separate storm sewers or other sewerage or drainage facilities, or is conveyed by snow removal equipment.
[Ord. No. 05-2666 § 1]
The spilling, dumping, or disposal of materials other than stormwater to the municipal separate storm sewer system operated by the City of Summit is prohibited. The spilling, dumping, or disposal of materials other than stormwater in such a manner as to cause the discharge of pollutants to the municipal separate storm sewer system is also prohibited.
[Ord. No. 05-2666 § 1]
a. 
Water line flushing and discharges from potable water sources
b. 
Uncontaminated groundwater (e.g., infiltration, crawl space or basement sump pumps, foundation or footing drains, rising groundwaters)
c. 
Air conditioning condensate (excluding contact and non-contact cooling water)
d. 
Irrigation water (including landscape and lawn watering runoff)
e. 
Flows from springs, riparian habitats and wetlands, water reservoir discharges and diverted stream flows
f. 
Residential car washing water, and residential swimming pool or hot tub discharges
g. 
Sidewalk, driveway and street wash water
h. 
Flows from firefighting activities
i. 
Flows from rinsing of the following equipment with clean water: Beach maintenance equipment immediately following their use for their intended purposes; and - equipment used in the application of salt and de-icing materials immediately following salt and de-icing material applications. Prior to rinsing with clean water, all residual salt and de-icing materials must be removed from equipment and vehicles to the maximum extent practicable using dry cleaning methods (e.g., shoveling and sweeping). Recovered materials are to be returned to storage for reuse or properly discarded.
Rinsing of equipment, as noted in the above situation is limited to exterior, undercarriage, and exposed parts and does not apply to engines or other enclosed machinery.
[Ord. No. 05-2666 § 1]
The purpose of this section is to prohibit the feeding of unconfined wildlife in any public park or on any other property owned or operated by the City of Summit, so as to protect public health, safety and welfare, and to prescribe penalties for failure to comply.
[Ord. No. 05-2666 § 1]
For the purpose of this section, the following terms, phrases, words and their derivations shall have the meanings stated herein unless their use in the text of this section clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
FEED
Shall mean to give, place, expose, deposit, distribute or scatter any edible material with the intention of feeding, attracting or enticing wildlife. Feeding does not include baiting in the legal taking of fish and/or game.
PERSON
Shall mean any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.
WILDLIFE
Shall mean all animals that are neither human nor domesticated.
[Ord. No. 05-2666 § 1]
No person shall feed, in any public park or on any other property owned or operated by the City of Summit, any wildlife, excluding confined wildlife (for example, wildlife confined in zoos, parks or rehabilitation centers, or unconfined wildlife at environmental education centers).
[Ord. No. 05-2666 § 1]
With respect to this section, any person found to be in violation of this section shall be ordered to cease the feeding immediately.
[Ord. No. 05-2666 § 1]
The purpose of this section is to establish requirements for the proper handling of yard waste in the City of Summit, so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.
[Ord. No. 05-2666 § 1]
For the purpose of this section, the following terms, phrases, words and their derivations shall have the meanings stated herein unless their use in the text of this section clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
CONTAINERIZED
Shall mean the placement of yard waste in a trash can, bucket, bag or other vessel, such as to prevent the yard waste from spilling or blowing out into the street and coming into contact with stormwater.
PERSON
Shall mean any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.
STREET
Shall mean any street, avenue, boulevard, road, parkway, viaduct, drive, or other way, which is an existing State, County, or municipal roadway, and includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking areas, and other areas within the street lines.
YARD WASTE
Shall mean leaves and grass clippings.
[Ord. No. 05-2666 § 1]
a. 
The owner or occupant of any property, or any employee or contractor of such owner or occupant engaged to provide lawn care or landscaping services, shall not sweep, rake, blow or otherwise place yard waste, unless the yard waste is containerized, in the street.
b. 
If yard waste that is not containerized is placed in the street, the party responsible for placement of yard waste must remove the yard waste from the street or said party shall be deemed in violation of this section.
[Ord. No. 05-2666 § 1]
(See Chapter 23, SOLID WASTE MANAGEMENT)
[Ord. No. 05-2666 § 1]
The purpose of this section is to prohibit illicit connections to the municipal separate storm sewer system(s) operated by the City of Summit, so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.
[Ord. No. 05-2666 § 1]
For the purpose of this section, the following terms, phrases, words, and their derivations shall have the meanings stated herein unless their use in the text of this section clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. The definitions below are the same as or based on corresponding definitions in the New Jersey Pollutant Discharge Elimination System (NJPDES) rules at N.J.A.C. 7:14A-1.2.
DOMESTIC SEWAGE
Shall mean waste and wastewater from humans or household operations.
ILLICIT CONNECTION
Shall mean any physical or nonphysical connection that discharges domestic sewage, non-contact cooling water, process wastewater, or other industrial waste (other than stormwater) to the municipal separate storm sewer system operated by the City of Summit, unless that discharge is authorized under a NJPDES permit other than the Tier A Municipal Stormwater General Permit (NJPDES Permit Number NJ0141852). Nonphysical connections may include, but are not limited to, leaks, flows, or overflows into the municipal separate storm sewer system.
INDUSTRIAL WASTE
Shall mean nondomestic waste, including, but not limited to, those pollutants regulated under Section 307(a), (b), or (c) of the Federal Clean Water Act (33 U.S.C. § 1317(a), (b), or (c)).
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
Shall mean a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains) that is owned or operated by the City of Summit or other public body, and is designed and used for collecting and conveying stormwater.
NJPDES PERMIT
Shall mean a permit issued by the New Jersey Department of Environmental Protection to implement the New Jersey Pollutant Discharge Elimination System (NJPDES) rules at N.J.A.C. 7:14A.
NON-CONTACT COOLING WATER
Shall mean water used to reduce temperature for the purpose of cooling. Such waters do not come into direct contact with any raw material, intermediate product (other than heat) or finished product. Non-contact cooling water may however contain algaecides, or biocides to control fouling of equipment such as heat exchangers, and/or corrosion inhibitors.
PERSON
Shall mean any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.
PROCESS WASTEWATER
Shall mean any water which, during manufacturing or processing, comes into direct contact with or results from the production or use of any raw material, intermediate product, finished product, by-product, or waste product. Process wastewater includes, but is not limited to, leachate and cooling water other than non-contact cooling water.
STORMWATER
Shall mean water resulting from precipitation (including rain and snow) that runs off the land's surface, is transmitted to the subsurface, is captured by separate storm sewers or other sewerage or drainage facilities, or is conveyed by snow removal equipment.
[Ord. No. 05-2666 § 1]
No person shall discharge or cause to be discharged through an illicit connection to the municipal separate storm sewer system operated by the City of Summit any domestic sewage, non-contact cooling water, process wastewater, or other industrial waste (other than stormwater).
[Ord. No. 09-2863 § 1]
The purpose of this section is to regulate the outdoor application of fertilizer so as to reduce the overall amount of excess nutrients entering waterways, thereby helping to protect and improve surface water quality.
[Ord. No. 09-2863 § 1]
Elevated levels of nutrients, particularly phosphorus, in surface waterbodies can result in excessive and accelerated growth of algae and aquatic plants (eutrophication). Excessive plant growth can result in diurnal variations and extremes in dissolved oxygen and pH, which, in turn, can be detrimental to aquatic life. As algae and plant materials die off, the decay process creates a further demand on dissolved oxygen levels. The presence of excessive plant matter can also restrict use of the affected water for recreation and water supply.
While healthy vegetated areas are protective of water quality by stabilizing soil and filtering precipitation, when fertilizers are applied to the land surface improperly or in excess of the needs of target vegetation, nutrients can be transported by means of stormwater to nearby waterways, contributing to the problematic growth of excessive aquatic vegetation. Most soils in New Jersey contain sufficient amounts of phosphorus to support adequate root growth for established turf. Over time, it is necessary to replenish available phosphorus, but generally not at the levels commonly applied. Other target vegetation, such as vegetable gardens and agricultural/horticultural plantings, will have a greater need for phosphorus application, as will the repair or establishment of new lawns or cover vegetation. A soils test and fertilizer application recommendation geared to the soil and planting type is the best means to determine the amount of nutrients to apply. Timing and placement of fertilizer application is also critical to avoid transport of nutrients to waterways through stormwater runoff. Placement of fertilizer shall be performed with a properly calibrated spreader to place the proper amount of nutrients in the soil. Fertilizer applied immediately prior to a runoff-producing rainfall, outside the growing season or to impervious surfaces is most likely to be carried away by means of runoff without accomplishing the desired objective of supporting target vegetation growth. Therefore, the management 'of the type, amount and techniques for fertilizer application is necessary as one tool to protect water resources.
[Ord. No. 09-2863 § 1]
For the purpose of this section, the following terms, phrases, words, and their derivations shall have the meanings stated herein unless their use in the text of this section clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
a. 
Buffer shall mean the land area, ten (10') feet in width, adjacent to any waterbody. (The buffer to ten (10') feet in width, with the additional requirement that a drop spreader be used for fertilizer application.
b. 
Fertilizer shall mean a fertilizer material, mixed fertilizer or any other substance containing one (1) or more recognized plant nutrients, which is used for its plant nutrient content, which is designed for use or claimed to have value in promoting plant growth, and which is sold, offered for sale, or intended for sale.
c. 
Impervious surface shall mean a surface that has been covered with a layer of material so that it is highly resistant to infiltration by water. This term shall be used to include any highway, street, sidewalk, parking lot, driveway, or other material that prevents infiltration of water into the soil.
d. 
Person shall mean any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.
e. 
Phosphorus fertilizer shall mean any fertilizer that contains phosphorus, expressed as P2OS, with a guaranteed analysis of greater than zero; except that it shall not be considered to include animal (including human) or vegetable manures, agricultural liming materials, or wood ashes that have not been amended to increase their nutrient content.
f. 
Soils Test shall mean a technical analysis of soil conducted by an accredited soil-testing laboratory following the protocol for such a test established by Rutgers Cooperative Research Extension.
g. 
Waterbody shall mean a surface water feature, such as a lake, river, stream, creek, pond, lagoon, bay or estuary.
[Ord. No. 09-2863 § 1]
No person may do any of the following:
a. 
Apply fertilizer when a runoff producing rainfall is occurring or predicted and/or when soils are saturated and a potential for fertilizer movement off-site exists.
b. 
Apply fertilizer to an impervious surface. Fertilizer inadvertently applied to an impervious surface must be swept or blown back into the target surface or returned to either its original or another appropriate container for reuse.
c. 
Apply fertilizer within the buffer of any waterbody. All fertilizer applied within twenty-five (25') feet of a waterbody shall be spread with a drop spreader only.
d. 
Apply fertilizer more than fifteen (15) days prior to the start of or at any time after the end of the recognized growing season (Summit is in Zone 6b) March 1 to November 15.
e. 
Apply fertilizer without a properly calibrated spreader. The spreader shall be calibrated to the manufacturer's specifications.
[Ord. No. 09-2863 § 1]
No person may do the following:
a. 
Apply phosphorus fertilizer in outdoor areas except as demonstrated to be needed for the specific soils and target vegetation in accordance with a soils test and the associated annual fertilizer recommendation issued by Rutgers Cooperative Research and Extension.
b. 
Exceptions.
1. 
Application of phosphorus fertilizer needed for:
(a) 
Establishing vegetation for the first time, such as after land disturbance, provided the application is in accordance with the requirements established under the Soil Erosion and Sediment Control Act, N.J.S.A. 4:24-39 et seq. and implementing rules,
(b) 
Re-established or repairing a turf area.
2. 
Application of phosphorus fertilizer that delivers liquid or granular fertilizer under the soils surface, directly to the feeder roots.
3. 
Application of phosphorus fertilizer to residential container plantings, flowerbeds, or vegetable gardens.
4. 
Application of phosphorus fertilizer to Reeves-Reed Arboretum container plantings, flowerbeds, or vegetable gardens.
5. 
Application of phosphorus fertilizer to City of Summit properties.
[Ord. No. 09-2863 § 1]
Each subsection, sentence, clause and phrase of this section is declared to be an independent subsection, sentence, clause and phrase, and the finding or holding of any such portion of this section to be unconstitutional, void, or ineffective for any cause, or reason, shall not affect any other portion of this section.
[Ord. No. 10-2902 § 1]
The definitions of the words and/or terms utilized in this section shall be as defined in N.J.A.C. 7:15-1.5, Definitions, as they exist at the time of passage of this section and as they may change from time to time.
[Ord. No. 10-2902 § 1]
It is the intent of this section to provide compliance with N.J.A.C. 7:15-5.25(g)3, which requires municipalities to adopt an ordinance regulating new disturbances for projects or activities in riparian zones as part of a Wastewater Management Plan.
a. 
Compliance with the riparian zone requirements of this section does not constitute compliance with the riparian zone or buffer requirements imposed under any other Federal, State or local statute, regulation or ordinance.
[Ord. No. 10-2902 § 1]
Riparian zones adjacent to all waters as described below in this paragraph shall be protected from avoidable disturbance:
a. 
A riparian zone fifty (50') feet wide shall be maintained along both sides of all waters in the City of Summit.
[Ord. No. 10-2902 § 1]
a. 
The following disturbances are excepted:
1. 
Redevelopment within the limits of existing impervious surfaces; and
2. 
The Flood Hazard Area Control Act Rules (N.J.A.C. 7:13), Subchapter 7, Permits by Rule, establishes permits-by-rule for certain regulated activities. This section hereby adopts by reference said Subchapter as it exists at the time of passage of this section and as it may be modified from time to time, as a means of allowing regulated activities in the riparian zone without any other permits or approvals, except as may be required by any other provisions of this Code (e.g., lot grading, tree removal, zoning, site plan). In addition, any permit-by-rule provision that requires notification to The New Jersey Department of Environmental Protection shall also be copied to the Township Engineer.
3. 
New disturbance in the riparian zone necessary to protect public health, safety or welfare; to provide an environmental benefit; to prevent extraordinary hardship on the property owner peculiar to the property; or to 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.
[Ord. No. 10-2902 § 1]
Adjustments to the riparian zones established by this section are allowed to the extent they comply with the Stormwater Management Rules (N.J.A.C. 7:8), and the Flood Hazard Area Control Act Rules (N.J.A.C. 7:13).
[Ord. No. 10-2902 § 1]
All ordinances or parts of ordinances inconsistent with this section are hereby repealed to the extent of such inconsistencies.
[Ord. No. 10-2902 § 1]
If any subsection, paragraph, phrase or sentence is, for any reason, held to be unconstitutional or invalid, said subsection, paragraph, phrase or sentence shall be deemed severable.
[Ord. No. 10-2908 § 1]
The purpose of this section requires dumpsters and other refuse containers that are outdoors or exposed to stormwater to be covered at all times and prohibits the spilling, dumping, leaking, or otherwise discharge of liquids, semi-liquids or solids from the containers to the City storm sewer system(s) operated by the City of Summit and/or the waters of the State so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.
[Ord. No. 10-2908 § 1]
For the purpose of this section, the following terms, phrases, words, and their derivations shall have the meanings stated herein unless their use in the text of this section clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
Shall mean a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains) that is owned or operated by the City of Summit or other public body, and is designed and used for collecting and conveying storm water.
PERSON
Shall mean any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.
REFUSE CONTAINER
Shall mean any waste container that a person controls whether owned, leased, or operated, including dumpsters, trash cans, garbage pails, and plastic trash bags.
STORMWATER
Shall mean water resulting from precipitation (including rain and snow) that runs off the land's surface, is transmitted to the subsurface, is captured by separate storm sewers or other sewerage or drainage facilities, or is conveyed by snow removal equipment.
WATERS OF THE STATE
Shall mean the ocean and its estuaries, all springs, streams and bodies of surface or ground water, whether natural or artificial, within the boundaries of the State of New Jersey or subject to its jurisdiction.
[Ord. No. 10-2908 § 1]
Any person who controls, whether owned, leased, or operated, a refuse container or dumpster must ensure that such container or dumpster is covered at all times and shall prevent refuse from spilling out or overflowing.
Any person who owns, leases or otherwise uses a refuse container or dumpster must ensure that such container or dumpster does not leak or otherwise discharge liquids, semi-liquids or solids to the municipal separate storm sewer system(s) operated by the City of Summit.
[Ord. No. 10-2908 § 1]
a. 
Permitted temporary demolition containers.
b. 
Litter receptacles (other than dumpsters or other bulk containers).
c. 
Individual homeowner trash and recycling containers.
d. 
Refuse containers at facilities authorized to discharge stormwater under a valid NJPDES permit.
e. 
Large bulky items (e.g., furniture, bound carpet and padding, white goods placed curbside for pickup).
[Ord. No. 10-2908 § 1]
The enforcement of Section 26-12 shall be in accordance with Section 26-14. Penalties for violations of this section shall be in accordance with section 26-15.
[Ord. No. 10-2909 § 1]
The purpose of this section is to require the retrofitting of existing storm drain inlets which are in direct contact with repaving, repairing, reconstruction, or resurfacing or alterations of facilities on private property, to prevent the discharge of solids and floatables (such as plastic bottles, cans, food wrappers and other litter) to the City storm sewer system(s) operated by the City of Summit so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.
[Ord. No. 10-2909 § 1]
For the purpose of this section, the following terms, phrases, words, and their derivations shall have the meanings stated herein unless their use in the text of this section clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
Shall mean a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains) that is owned or operated by the City of Summit or other public body, and is designed and used for collecting and conveying stormwater.
PERSON
Shall mean any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.
STORM DRAIN INLET
Shall mean an opening in a storm drain used to collect stormwater runoff and includes, but is not limited to, a grate inlet, curb-opening inlet, slotted inlet, and combination inlet.
WATERS OF THE STATE
Shall mean the ocean and its estuaries, all springs, streams and bodies of surface or ground water, whether natural or artificial, within the boundaries of the State of New Jersey or subject to its jurisdiction.
[Ord. No. 10-2909 § 1]
No person in control of private property (except a residential lot with one (1) single-family house) shall authorize the repaving, repairing (excluding the repair of individual potholes), resurfacing (including top coating or chip sealing with asphalt emulsion or a thin base of hot bitumen), reconstructing or altering any surface that is in direct contact with an existing storm drain inlet on that property unless the storm drain inlet either:
a. 
Already meets the design standard below to control passage of solid and floatable materials; or is retrofitted or replaced to meet the standard in subsection 25-13.4 below prior to the completion of the project.
[Ord. No. 10-2909 § 1]
Storm drain inlets identified in subsection 26-13.3 above 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 subsection 26-13.4c below.
a. 
Design engineers shall use either 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:
1. 
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 (April 1996); or
2. 
A different grate, if each individual clear space in that grate has an area of no more than seven (7.0) square inches, or is no greater than 0.5 inches across the smallest dimension.
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 basin floors.
b. 
Whenever design engineers use a curb-opening inlet, 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 (7.0) square inches, or be no greater than two (2.0") inches across the smallest dimension.
c. 
This standard does not apply:
1. 
Where the City Engineer agrees that this standard would cause inadequate hydraulic performance that could not practicably be overcome by using additional or larger storm drain inlets that meet these standards;
2. 
Where flows 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:
(a) 
A rectangular space four and five-eighths (4 5/8") inches long and one and one-half (1 1/2") inches wide (this option does not apply for outfall netting facilities); or
(b) 
A bar screen having a bar spacing of 0.5 inches.
3. 
Where flows are conveyed through a trash rack that has parallel bars with one-inch (1") spacing between the bars; or
4. 
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.
[Ord. No. 10-2909 § 1]
The enforcement of Section 26-13 shall be in accordance with Section 26-14. Penalties for violations of this section shall be in accordance with Section 26-15.
[Ord. No. 05-2666 § 3; Ord. No. 09-2863 § 2; Ord. No. 10-2902 § 2]
a. 
The provisions of this chapter shall be enforced by a prompt investigation made by the appropriate personnel of the City of Summit of any person or entity believed to be in violation of this chapter. Nothing in this chapter shall be construed to preclude the City's right, pursuant to any applicable statute, to initiate legal proceedings under this chapter in Municipal Court. The violation of any section or subsection of this chapter shall constitute a separate and distinct offense independent of the violation of any other section or subsection, or of any order pursuant to this chapter. Each day a violation continues shall be considered a separate offense.
b. 
The provisions of Section 26-14 shall not apply to Section 26-11.
[Ord. No. 05-2666 § 4; Ord. No. 09-2863 § 3; Ord. No. 10-2902 § 2]
a. 
Any person(s) who is found to be in violation of the provisions of Sections 26-3 through 26-10 shall be subject to an initial fine of one hundred ($100.00) dollars per violation, which shall increase by one hundred ($100.00) dollars for each subsequent violation.
b. 
The provisions of Section 26-15 shall not apply to Section 26-11.