[Ord. No. 98-21 § 304-83]
No application for development shall be approved unless the
Borough Engineer has certified to the approving authority in writing
that:
a.
The applicant has provided the Borough Engineer with sufficient information
for it to determine whether or not the proposed development will conform
with the Borough runoff control details and stormwater detention facility
design criteria.
b.
In the judgment of the Borough Engineer, the proposed development
will substantially conform with these standards and design criteria
set forth in this Article.
[Ord. No. 98-21 § 304-84]
No land area in the Borough shall be developed so that:
a.
The rate of stormwater runoff occurring at the area is increased
over what occurs there under existing conditions.
b.
The drainage of adjacent areas is adversely affected.
c.
Soil erosion during and after development is increased over what
naturally occurs there.
d.
Soil absorption and groundwater recharge capacity of the area is
decreased below what occurs under existing conditions.
e.
The natural drainage pattern of the area is significantly altered.
[Ord. No. 98-21 § 304-85]
In order to duplicate as nearly as possible natural drainage
conditions, regulation and control of stormwater runoff and erosion
for any land area to be developed shall be through on-site water detention
and/or ground absorption systems which include but are not limited
to the following:
a.
Detention areas which may be depressions in parking areas, excavated
basins, basins created through use of curbs, stabilized earth berms
or dikes, or any other form of grading which serves to temporarily
impound and store water.
b.
Rooftop storage through temporary impoundment and storage of stormwater
on flat or slightly pitched building rooftops by use of drain outlets
which restrict the stormwater runoff from the roof surface.
c.
Dry wells or leaching basins which control stormwater runoff through
ground absorption and temporary storage.
d.
Porous asphaltic pavement which preserves the natural ground absorption
capacity of a site and provides a subsurface reservoir for temporary
storage of stormwater.
e.
Any system of porous media, such as gravel trenches drained by porous
wall or perforated pipe, which temporarily store and dissipate stormwater
through ground absorption.
f.
Any combination of the above-mentioned techniques which serve to
limit stormwater runoff from a given site to what presently occurs
there.
g.
Preservation of natural vegetation.
[Ord. No. 98-21 § 304-86]
a.
Stormwater detention facilities shall be designed to contain an amount
equal to the increase in volume of runoff which would result from
development of any site. The volume of runoff shall be computed on
the basis of the total rainfall which produced the flood of record
for the area involved and shall be equivalent to the rainfall excess,
as previously defined. The total rainfall which produced the flood
of record shall be determined from accurate local records of the United
States Department of Commerce, National Weather Service or by calculations
using accepted engineering design techniques.
b.
Runoff Coefficients.
1.
The rainfall excess shall be computed for each site using accepted,
published runoff coefficients, such as those found in Urban Hydrology
for Small Watersheds, Technical Release No. 55, Engineering Division,
Soil Conservation Service, U.S. Department of Agriculture, January
1955, and as may be modified by the Borough Engineer.
2.
The range of coefficients for each land use and surface type reflects
differences in land slope, intensity of development, amount of impervious
surface and degree of ground saturation due to antecedent precipitation.
3.
The runoff coefficients shall be determined for each site for both
existing and proposed conditions, and the difference in the two shall
be used to compute the volume of rainfall excess for design of stormwater
detention facilities. The volume for design is equal to the depth
of the rainfall excess multiplied by the area of the site. If any
such facility will contain water under normal conditions, the amount
so contained shall not be counted in calculating the capacity required
for the detention of water for the design storm. Rainfall intensity
shall be as recommended by the Borough Engineer.
c.
In the case of detention facilities utilizing porous media for ground
absorption, such as dry well, porous pavement or the like, the volume
of the porous media shall be large enough to contain the total volume
or rainfall excess within the voids. Ground absorption systems shall
be used only where the infiltration rate of the receiving soil is
acceptable as determined by percolation tests and soil borings or
as determined by the Borough Engineer. Provisions shall be made to
contain overflow of such systems on-site or to surface drain the overflow
in such a way as not to adversely affect any other property.
d.
If detention facilities utilizing surface impoundment, such as detention
basins or rooftop storage, are used, sufficient volume to fully contain
the total volume of rainfall excess shall be provided. The outlets
of such facilities shall be designed to limit the maximum discharge
rate of stormwater runoff to what occurs at the site under existing
conditions and shall discharge in such a way as not to adversely affect
any other property. If rooftop storage is proposed, the weight of
the impounded water on the roof shall be accounted for in the structural
design of the building and the roof shall be designed to provide maximum
protection against leakage. If berms or dikes are used to create the
impounding area, they shall be adequately stabilized and the slopes
protected with vegetative cover, paving or rip-rap to protect against
failure or breaching.
e.
If a combination of different stormwater detention techniques is
used, combined volume of the systems shall be large enough to fully
contain the total volume of rainfall excess.
f.
Stormwater detention facilities shall be constantly maintained by
the owner to ensure continual functioning of the systems at design
capacity and to prevent the health hazards associated with debris
buildup and stagnant water. In no case shall water be allowed to remain
in any facility long enough to constitute a mosquito breeding, disease
or any other type of health problem, unless approved as a multifunction
facility include water, such as a pond. If the land or stormwater
detention facility or facilities are proposed to be dedicated to the
Borough and the dedication is accepted by the Borough Council, the
procedures for the construction, dedication and acceptance and maintenance
of such facilities set forth in the subdivision regulations, including
but not limited to performance and maintenance bonds, inspections,
etc., shall govern.
g.
Detention and sediment and erosion control facilities shall be designed
in conformance with the Standards for Soil Erosion and Sediment Control
in New Jersey of the New Jersey State Soil Conservation Committee
as approved by the Borough Engineer or the Monmouth Soil Conservation
District under agreement, except where the Borough Engineer has determined
that conditions peculiar to a certain site warrant exception.
h.
Sediment and erosion control measures shall be installed prior to
any other site development, shall apply to all aspects of the proposed
development and shall be in operation during all stages of development.
Increased runoff and sediment, resulting from modified soil and surface
conditions caused by the proposed development, shall be minimized
and, where possible, retained on-site.
[Amended in entirety 11-9-2023 by Ord. No. 2023-18. Prior histories include
Ord. No. 06-22, Ord. No. 07-14, and Ord. No. 21-01.]
[Amended 11-9-2023 by Ord. No. 2023-18]
a.
Policy statement.
Flood control, groundwater recharge, and pollutant reduction
shall be achieved through the use of stormwater management measures,
including green infrastructure Best Management Practices (GI BMPs)
and nonstructural stormwater management strategies. GI BMPs should
be utilized to meet the goal of maintaining natural hydrology to reduce
stormwater runoff volume, reduce erosion, encourage infiltration and
groundwater recharge, and reduce pollution. GI BMPs 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 green infrastructure, water quality, quantity,
and groundwater recharge.
b.
Purpose.
The purpose of this section is to establish minimum stormwater management requirements and controls for "major development," as defined below in Subsection 34-86.2.
c.
Applicability.
1.
This section shall be applicable to the following major developments:
2.
This section shall also be applicable to all major developments undertaken
by the Borough of Matawan.
3.
Applicability of this section to major developments shall comply
with last amended N.J.A.C. 7:8-1.6, incorporated herein by reference.
d.
Compatibility with other permit and ordinance requirements.
Development approvals issued pursuant to this section are to
be considered an integral part of development approvals and do not
relieve the applicant of the responsibility to secure required permits
or approvals for activities regulated by any other applicable code,
rule, act, or ordinance. In their interpretation and application,
the provisions of this 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.
[Amended 11-9-2023 by Ord. No. 2023-18]
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 used in this section shall
be the same as the last amended Stormwater Management Rules at N.J.A.C.
7:8-1.2, incorporated herein by reference.
[Amended 11-9-2023 by Ord. No. 2023-18]
This section establishes design and performance standards for
stormwater management measures for major development intended to minimize
the adverse impact of stormwater runoff on water quality and water
quantity and loss of groundwater recharge in receiving water bodies.
Design and performance standards for stormwater management measures
shall comply with last amended N.J.A.C. 7:8-5, incorporated herein
by reference.
[Amended 11-9-2023 by Ord. No. 2023-18]
a.
Site design features identified under Subsection 34-86.3 above, or alternative designs in accordance with Subsection 34-86.3 above, to prevent discharge of trash and debris from drainage systems shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets. For purposes of this paragraph, "solid and floatable materials" means sediment, debris, trash, and other floating, suspended, or settleable solids. For exemptions to this standard see Subsection 34-86.4a2 below.
1.
Design engineers shall use one of the following grates whenever they
use a grate in pavement or another ground surface to collect stormwater
from that surface into a storm drain or surface water body under that
grate:
(a)
The New Jersey Department of Transportation (NJDOT) bicycle-safe
grate, which is described in Chapter 2.4 of the NJDOT Bicycle Compatible
Roadways and Bikeways Planning and Design Guidelines; or
(b)
A different grate, if each individual clear space in that grate
has an area of no more than seven (7) square inches, or is no greater
than 0.5 inches across the smallest dimension. Note that the Residential
Site Improvement Standards at N.J.A.C. 5:21 include requirements for
bicycle-safe grates.
Examples of grates subject to this standard include grates in
grate inlets, the grate portion (non-curb-opening portion) of combination
inlets, grates on storm sewer manholes, ditch grates, trench grates,
and grates of spacer bars in slotted drains. Examples of ground surfaces
include surfaces of roads (including bridges), driveways, parking
areas, bikeways, plazas, sidewalks, lawns, fields, open channels,
and stormwater system floors used to collect stormwater from the surface
into a storm drain or surface water body.
(c)
For curb-opening inlets, including curb-opening inlets in combination
inlets, the clear space in that curb opening, or each individual clear
space if the curb opening has two or more clear spaces, shall have
an area of no more than seven (7.0) square inches, or be no greater
than two (2.0) inches across the smallest dimension.
2.
The standard in Subsection 34-86.4a1 above does not apply:
(a)
Where each individual clear space in the curb opening in existing
curb-opening inlet does not have an area of more than nine (9.0) square
inches;
(b)
Where the municipality agrees that the standards would cause
inadequate hydraulic performance that could not practicably be overcome
by using additional or larger storm drain inlets;
(c)
Where flows from the water quality design storm as specified
in the last amended Stormwater Management rules at N.J.A.C. 7:8 et
seq., are conveyed through any device (e.g., end of pipe netting facility,
manufactured treatment device, or a catch basin hood) that is designed,
at a minimum, to prevent delivery of all solid and floatable materials
that could not pass through one of the following:
(1)
A rectangular space four and five-eighths (4.625) inches long
and one and one-half (1.5) inches wide (this option does not apply
for outfall netting facilities); or
(2)
A bar screen having a bar spacing of 0.5 inches.
Note that these exemptions do not authorize any infringement
of requirements in the Residential Site Improvement Standards for
bicycle-safe grates in new residential development (N.J.A.C. 5:21-4.18(b)2
and 7.4(b)1).
(d)
Where flows are conveyed through a trash rack that has parallel
bars with one-inch (1 inch) spacing between the bars, to the elevation
of the Water Quality Design Storm as specified in N.J.A.C. 7:8; or
(e)
Where the New Jersey Department of Environmental Protection
determines, pursuant to the New Jersey Register of Historic Places
Rules at N.J.A.C. 7:4-7.2(c), that action to meet this standard is
an undertaking that constitutes an encroachment or will damage or
destroy the New Jersey Register listed historic property.
[Amended 11-9-2023 by Ord. No. 2023-18]
a.
This section sets forth requirements to protect public safety through
the proper design and operation of stormwater management basins. This
section applies to any new stormwater management basin. Safety standards
for stormwater management measures shall comply with last amended
N.J.A.C. 7:8-6, incorporated herein by reference.
b.
Safety Ledge Illustration.
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Elevation View -Basin Safety Ledge Configuration
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 |
[Amended 11-9-2023 by Ord. No. 2023-18]
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 34-86.6c below as part of the submission of the application for approval.
2.
The applicant shall demonstrate that the project meets the standards
set forth in this section.
b.
Site Development Stormwater Plan Approval.
The applicant's Site Development project shall be reviewed
as a part of the review process by the municipal board or official
from which municipal approval is sought. That municipal board or official
shall consult the municipality's review engineer to determine
if all of the checklist requirements have been satisfied and to determine
if the project meets the standards set forth in this section.
c.
Submission of Site Development Stormwater Plan.
The following information shall be required:
1.
Topographic Base Map.
The reviewing engineer may require upstream tributary drainage
system information as necessary. It is recommended that the topographic
base map of the site be submitted which extends a minimum of 200 feet
beyond the limits of the proposed development, at a scale of 1"=200'
or greater, showing two-foot contour intervals. The map as appropriate
may indicate the following: existing surface water drainage, shorelines,
steep slopes, soils, erodible soils, perennial or intermittent streams
that drain into or upstream of the Category One waters, wetlands and
floodplains along with their appropriate buffer strips, marshlands
and other wetlands, pervious or vegetative surfaces, existing man-made
structures, roads, bearing and distances of property lines, and significant
natural and man-made features not otherwise shown.
2.
Environmental Site Analysis.
A written and graphic description of the natural and man-made
features of the site and its surroundings should be submitted. This
description should include a discussion of soil conditions, slopes,
wetlands, waterways and vegetation on the site. Particular attention
should be given to unique, unusual, or environmentally sensitive features
and to those that provide particular opportunities or constraints
for development.
3.
Project Description and Site Plans.
A map (or maps) at the scale of the topographical base map indicating
the location of existing and proposed buildings roads, parking areas,
utilities, structural facilities for stormwater management and sediment
control, and other permanent structures. The map(s) shall also clearly
show areas where alterations will occur in the natural terrain and
cover, including lawns and other landscaping, and seasonal high groundwater
elevations. A written description of the site plan and justification
for proposed changes in natural conditions shall also be provided.
4.
Land Use Planning and Source Control Plan.
This plan shall provide a demonstration of how the goals and standards of Subsection 34-86.3 is being met. The focus of this plan shall be to describe how the site is being developed to meet the objective of controlling groundwater recharge, stormwater quality and stormwater quantity problems at the source by land management and source controls whenever possible.
5.
Stormwater Management Facilities Map.
The following information, illustrated on a map of the same
scale as the topographic base map, shall be included:
(a)
Total area to be disturbed, paved or built upon, proposed surface
contours, land area to be occupied by the stormwater management facilities
and the type of vegetation thereon, and details of the proposed plan
to control and dispose of stormwater.
(b)
Details of all stormwater management facility designs, during
and after construction, including discharge provisions, discharge
capacity for each outlet at different levels of detention and emergency
spillway provisions with maximum discharge capacity of each spillway.
6.
Calculations.
(a)
Comprehensive hydrologic and hydraulic design calculations for the pre-development and post-development conditions for the design storms specified in Subsection 34-86.3 of this section.
(b)
When the proposed stormwater management control measures depend
on the hydrologic properties of soils or require certain separation
from the seasonal high water table, then a soils report shall be submitted.
The soils report shall be based on 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.
7.
Maintenance and Repair Plan.
The design and planning of the stormwater management facility shall meet the maintenance requirements of Subsection 34-86.7.
8.
Waiver from Submission Requirements.
The municipal official or board reviewing an application under this section may, in consultation with the municipality's review engineer, waive submission of any of the requirements in Subsection 34-86.6c1 through 6 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.
[Amended 11-9-2023 by Ord. No. 2023-18]
b.
General maintenance.
1.
Maintenance for stormwater management measures shall comply with
last amended N.J.A.C. 7:8-5.8, incorporated herein by reference.
2.
The following requirements of N.J.A.C. 7:8-5.8 do not apply to stormwater
management facilities that are dedicated to and accepted by the municipality
or another governmental agency, subject to all applicable municipal
stormwater general permit conditions, as issued by the Department:
(a)
If the maintenance plan identifies a person other than the property
owner (for example, a developer, a public agency or homeowners'
association) as having the responsibility for maintenance, the plan
shall include documentation of such person's or entity's
agreement to assume this responsibility, or of the owner's obligation
to dedicate a stormwater management facility to such person under
an applicable ordinance or regulation; and
(b)
Responsibility for maintenance shall not be assigned or transferred
to the owner or tenant of an individual property in a residential
development or project, unless such owner or tenant owns or leases
the entire residential development or project. The individual property
owner may be assigned incidental tasks, such as weeding of a green
infrastructure BMP, provided the individual agrees to assume these
tasks; however, the individual cannot be legally responsible for all
of the maintenance required.
c.
In the event that the stormwater management facility becomes a danger
to public safety or public health, or if it is in need of maintenance
or repair, the municipality shall so notify the responsible person
in writing. Upon receipt of that notice, the responsible person shall
have fourteen (14) days to effect maintenance and repair of the facility
in a manner that is approved by the municipal engineer or his designee.
The municipality, in its discretion, may extend the time allowed for
effecting maintenance and repair for good cause. If the responsible
person fails or refuses to perform such maintenance and repair, the
municipality or County may immediately proceed to do so and shall
bill the cost thereof to the responsible person. Nonpayment of such
bill may result in a lien on the property.
d.
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.
[Amended 11-9-2023 by Ord. No. 2023-18]
Any person(s) who erects, constructs, alters, repairs, converts,
maintains, or uses any building, structure or land in violation of
this ordinance shall be subject to the following penalties:
[Added 11-9-2023 by Ord.
No. 2023-17]
a.
Purpose.
The purpose of this Subsection is to prevent stored salt and
other solid de-icing materials from being exposed to stormwater.
This Subsection establishes requirements for the storage of
salt and other solid de-icing materials on properties not owned or
operated by the municipality (privately owned), including residences,
in Borough of Matawan to protect the environment, public health, safety
and welfare, and to prescribe penalties for failure to comply.
b.
Definitions.
For the purpose of this Subsection, the following terms, phrases,
words and their derivations shall have the meanings stated herein
unless their use in the text of this chapter clearly demonstrates
a different meaning. When consistent 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.
1.
DE-ICING MATERIALS — means any granular or solid material such
as melting salt or any other granular solid that assists in the melting
of snow.
2.
IMPERVIOUS SURFACE — means a surface that has been covered
with a layer of material so that it is highly resistant to infiltration
by water.
3.
STORM DRAIN INLET — means the point of entry into the storm
sewer system.
4.
PERMANENT STRUCTURE — means a permanent building or permanent
structure that is anchored to a permanent foundation with an impermeable
floor, and that is completely roofed and walled (new structures require
a door or other means of sealing the access way from wind-driven rainfall).
A fabric frame structure is a permanent structure if it meets
the following specifications:
(a)
Concrete blocks, jersey barriers or other similar material shall
be placed around the interior of the structure to protect the side
walls during loading and unloading of de-icing materials;
(b)
The design shall prevent stormwater run-on and run through,
and the fabric cannot leak;
(c)
The structure shall be erected on an impermeable slab;
(d)
The structure cannot be open sided; and
(e)
The structure shall have a roll-up door or other means of sealing
the access way from wind-driven rainfall.
5.
PERSON — means any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
6.
RESIDENT — means a person who resides on a residential property
where de-icing material is stored.
c.
De-cing Material Storage Requirements.
1.
Temporary outdoor storage of de-icing materials in accordance with
the requirements below is allowed between October 15 and April 15.
(a)
Loose materials shall be placed on a flat, impervious surface
in a manner that prevents stormwater run-through;
(b)
Loose materials shall be placed at least 50 feet from surface
water bodies, storm drain inlets, ditches and/or other stormwater
conveyance channels;
(c)
Loose materials shall be maintained in a cone-shaped storage
pile. If loading or unloading activities alter the cone-shape during
daily activities, tracked materials shall be swept back into the storage
pile, and the storage pile shall be reshaped into a cone after use;
(d)
Loose materials shall be covered as follows:
(1)
The cover shall be waterproof, impermeable, and flexible;
(2)
The cover shall extend to the base of the pile(s);
(3)
The cover shall be free from holes or tears;
(4)
The cover shall be secured and weighed down around the perimeter
to prevent removal by wind; and
(5)
Weight shall be placed on the cover(s) in such a way that minimizes
the potential of exposure as materials shift and runoff flows down
to the base of the pile.
(i)
Sandbags lashed together with rope or cable and
placed uniformly over the flexible cover, or poly-cord nets provide
a suitable method. Items that can potentially hold water (e.g., old
tires) shall not be used;
(e)
Containers must be sealed when not in use; and
(f)
The site shall be free of all de-icing materials between April
16 and October 14.
2.
De-icing materials should be stored in a permanent structure if a
suitable storage structure is available. For storage of loose de-icing
materials in a permanent structure, such storage may be permanent,
and thus not restricted to October 15 through April 15.
3.
The property owner, or owner of the de-icing materials if different,
shall designate a person(s) responsible for operations at the site
where these materials are stored outdoors, and who shall document
that weekly inspections are conducted to ensure that the conditions
of this Subsection are met. Inspection records shall be kept on site
and made available to the municipality upon request.
(a)
Residents who operate businesses from their homes that utilize
de-icing materials are required to perform weekly inspections.
d.
Exemptions.
Residents may store de-icing materials outside in a solid-walled,
closed container that prevents precipitation from entering and exiting
the container, and which prevents the de-icing materials from leaking
or spilling out. Under these circumstances, weekly inspections are
not necessary, but repair or replacement of damaged or inadequate
containers shall occur within two weeks.
If containerized (in bags or buckets) de-icing materials are
stored within a permanent structure, they are not subject to the storage
and inspection requirements in paragraph C above. Piles of de-icing
materials are not exempt, even if stored in a permanent structure.
This Subsection does not apply to facilities where the stormwater
discharges from de-icing material storage activities are regulated
under another NJPDES permit.
e.
Enforcement.
This Subsection shall be enforced by the Property Maintenance
Officer of the Borough of Matawan during the course of ordinary enforcement
duties.
f.
Violations and Penalties.
Any person(s) who is found to be in violation of the provisions
of this Subsection shall have 72 hours to complete corrective action.
Repeat violations and/or failure to complete corrective action shall
result in a fine not to exceed $1,000.
