[HISTORY: Adopted by the Mayor and Council of the Borough of Alpha as indicated in article histories. Amendments noted where applicable.]
Article I General Regulations
Article II Improper Disposal of Waste
[Adopted 2-27-1996 by Ord. No. 96-1 (Ch. 102 of the 1974 Code)]
This article shall be known and cited as the "Alpha Borough Stormwater Management Ordinance."
The general intent of this article is to manage the increased rate and velocity of surface water runoff created by alteration of the ground cover and natural runoff patterns.
This article is deemed essential and necessary to protect the public health, safety and welfare of the citizens of Alpha Borough and the surrounding communities by accomplishing the following purposes:
Maintain the adequacy of natural stream channels and prevent accelerated bank erosion by controlling the rate and velocity of runoff discharge to these watercourses so as to avoid increasing frequency of the bankfull stage.
Preserve present adequacy of culverts and bridges by suppressing artificially induced flood peaks.
Reduce public expenditures for replacement or repair of public facilities resulting from artificially induced flood peaks.
Prevent damages to life and property from flooding resulting from excessive rates and velocities of runoff.
For purposes of this article, the terms and words listed in this section shall have the meanings herein given. Terms and words not defined herein but defined in Chapter 350, Subdivision of Land, shall have, for the purposes of this article, the meanings given them in Chapter 350 as the same now reads or may be amended. Terms and words not defined herein nor in Chapter 350 but defined in the Municipal Land Use Law shall have, for the purposes of this chapter, the meanings given them in the Municipal Land Use Law, its amendments or supplements thereto. Terms and words not defined in any foregoing sources shall have the meanings established by common usage of the words unless the context herein clearly indicated the contrary.
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
The following words and phrases shall have the following meanings when used herein:
- APPROVED PLAN
- A plan to control stormwater runoff which has been approved by the Board.
- The Planning Board of Alpha Borough.[Amended 6-22-2004 by Ord. No. 04-16]
- A watercourse with a definite bed and banks which confine and conduct continuously or intermittently flowing water.
- CONSERVATION EASEMENT
- An agreement or covenant running with the land which prohibits all land or vegetation disturbance in favor of a permanent dedication to natural open space; each agreement to be entered into between the applicant and the municipality.
- Any person, partnership, corporation or public agency requesting approval of a major subdivision or of a site plan.
- Any watercourse, trench, ditch, depression or other hollow space in the ground, natural or artificial, which collects or disperses surface water from land.
- NATURAL DRAINAGE FLOW
- The topographical pattern or system of drainage of surface water runoff from a particular site, including various drainageways and watercourses which carry surface water only during periods of rains, storms and floods.
- NONPOINT RUNOFF
- Surface water entering a channel from no definable discharge source.
- SEASONAL HIGH GROUNDWATER TABLE
- The highest level to which the groundwater rises during any period of a year. It shall be as shown on soils map, subject to field investigation.
- STORMWATER MANAGEMENT PLAN
- A plan consistent with the purposes and policies of this chapter which fully indicates necessary land treatment measures and techniques, including a schedule for implementation and maintenance.
- SURFACE WATER
- All water produced by rain, flood, drainage, springs and seeps flowing over the land or contained within a natural or artificial watercourse.
- SURFACE WATER RUNOFF
- The dispersion or drainage of surface water by natural or artificial means or any overland flow of water across the ground surface to the nearest conduit.
- SURFACE WATER RUNOFF DAMAGE
- All damage or harm to property values, land, vegetation and water supplies, including but not limited to flooding, soil erosion, siltation and other pollution of watercourses and diminished recharge of groundwater supply, which damage results or is likely to result when surface water runoff is increased in rate, velocity or quantity.
- Rivers, streams, brooks, waterways, lakes, ponds, marshes, swamps, bogs and all other bodies of water, natural or artificial, public or private, which are contained within, flow through or border on Alpha Borough or any portion thereof.
- An area of surface water runoff related to a point of concentration.
The Board may waive the need for a stormwater management plan upon recommendation of the Municipal Engineer after finding that, upon recommendation of the Municipal Engineer, there is no appreciable increase anticipated in rate, velocity or duration of runoff based on plans submitted.
The Board may waive the specific requirements of this chapter upon recommendation of the Borough Engineer where such waiver would be in the best interest of the Borough of Alpha or surrounding municipalities.
The stormwater management plan or any major amendment thereto shall be approved by the Board after review and favorable report by the Borough Engineer.
Stormwater management plans shall be reviewed by the Board with the advice and assistance of the Borough Engineer. The Board's consideration of applications may be guided by but not limited to the following factors:
The suitability of the applicant's proposed surface water management measures, devices and planning techniques, whether involving on-tract or off-tract measures or some combination thereof, in respect to the total surface water runoff, velocities and rates of discharge which the applicant's proposed construction or land disturbance may generate.
Existing topography, present vegetation and hydrologic soil factors.
Groundwater recharge and discharge areas, wet soils and seasonal high groundwater table, alluvial, poorly drained and somewhat poorly drained soils.
The design storm.
Natural drainage flow and pattern throughout the subwatershed(s) affected by the plan.
Land uses in both the immediate vicinity and surrounding drainage region.
Any other applicable or relevant environmental and resource protection ordinances, statutes and regulations.
Any other factors relevant to the coordinated, adjusted and harmonious development of the site, vicinity, Borough and region.
If, after considering the above factors, and after consultation with the Borough Engineer, the Board determines that the proposed construction will generate no surface water runoff that will not be managed in accordance with the standards of this chapter and which will not be detrimental to the public health, safety, and general welfare and with due consideration of the paramount interest in the prevention of conditions which may result in surface water runoff damage, the Board shall approve the plan and issue the necessary permit.
If, however, after considering the above factors and after consultation with the Borough Engineer, the Board determines that the proposed construction will generate surface water runoff which will not be managed in accordance with standards of this chapter or will be detrimental to the public health, safety and general welfare in light of the paramount public interest in the damage and environmental degradation, the Board shall deny the permit and shall clearly and concisely state the reasons.
The Board, in approving said stormwater management plan, may impose lawful conditions or requirements designated or specified on or in connection therewith. These conditions and requirements shall be provided and maintained as a condition to the establishment, maintenance and continuance of any use or occupancy of any structure or land.
Minor amendments to a surface water management plan may be approved by the Borough Engineer, who shall notify the Board of the nature and reason for the change.
The stormwater management plan shall incorporate the detail required for site plans or subdivision plans and shall include as a minimum the following:
Lot and block numbers of the site as shown on the current Tax Map of the Borough.
The name and address of the owner of the land and the size of subwatershed and location of the site within the watershed(s).
The location, description and quantification of significant natural and man-made features on and surrounding the site, including topography, all impervious surfaces and soil and drainage characteristics, with particular attention to the location and description of presently existing surface water runoff control devices, mechanisms or areas, swamps, floodplains, swales, woods and vegetation, steep slopes and other features critical to the purposes of this chapter.
The size of the nearest culvert or bridge downstream of the discharge area, and profiles of cross sections of the stream channel upstream of that structure if within 500 feet of the tract.
Profiles and cross sections of the stream channel at all points of proposed surface water discharge from the site, as required by the Borough Engineer.
The location, description and quantification of proposed changes to the site, whether of a permanent or temporary nature, with particular attention to impervious surfaces and interception of presently dispersed flow which may have an impact upon the capacity of the soil, vegetative cover and drainageways to absorb, retard, contain or control surface water runoff.
Designation of critical or other areas to be left undisturbed, shown in sufficient detail to be accurately marked on the land.
Computation of the total stormwater runoff before, during and after the disturbance of land and/or construction of impervious surfaces.
Proposed measures for stormwater management.
A schedule of the sequence of installation of the stormwater management plan, related to the starting and completion dates of the project.
A proposed maintenance schedule for all stormwater management structures, stipulating current maintenance, continued maintenance and responsibility for the same.
All proposed revisions of required data as well as such additional data as the Board may require.
General standards. In preparation of a stormwater management plan, the following general principals shall be adhered to:
The rate and velocity of runoff from the site following completion of the proposed development shall not exceed that which would prevail under total coverage in a pasture of good hydrologic condition (no mechanical treatment) or previous cover, whichever produces the least amount of runoff. Peak flow rates shall be controlled based on an analysis of the one- , two- , ten- , twenty-five- and one-hundred-year storms.
Maximum use shall be made of presently existing stormwater runoff control devices, mechanisms or areas, such as existing berms, terraces, grass waterways, favorable hydrologic soils, swamps, swales, watercourses, woodlands, wetlands and floodplains, as well as any proposed management structures.
Evaluation shall be made of the nature of the subwatershed of which the site is a part and the receiving drainage facility capacities.
Evaluation shall be made of the nature of the subwatershed of which the site is a part and the receiving stream channel capacities.
Stormwater runoff shall not be transferred from one subwatershed to another.
The plan should coordinate with the soil erosion-sediment control plan.
To the greatest possible extent, the plan shall avoid the concentration of flow and shall provide for dissipation of velocities at all concentrated discharge points.
Reestablishing vegetative cover shall be in accordance with the Standards and Specifications for Soil Erosion and Sediment Control in New Jersey, latest edition.
Timing for the plan shall establish permanent stormwater management measures prior to construction or other land disturbance, to include seeding and establishing sod in grass waterways.
For calculating runoff amounts and for design of controls, either of the following methods may be used in computing runoff: Soil Conservation Service (SCS) Method or the Rational Method.
All outfalls are to be designed in a manner to retard velocities at the outfall and provide stream channel protection.
When a natural drainage pattern is necessarily intercepted, as by a street, this shall be considered.
All structures and land treatment practices shall conform to the Standards and Specifications for Soil Erosion and Sediment Control in New Jersey, latest edition.
All water-carrying structures and/or retention areas shall be completed and stabilized prior to diversion of water to them.
As a preliminary to developing the surface water management plan, there shall be an inventory of the site showing all existing natural and man-made drainage related features (berms, terraces, grass waterways, favorable hydrologic soils, poorly drained soils, swamps, swales, watercourses, woodlands, floodplains). These shall be incorporated in the plan to the greatest possible extent in accordance with their functional capability.
A no-maintenance ground cover should be utilized in the pond, except where the pond is dry and shall also be utilized as open space.
Trash racks and anti-vortex devices should be provided on pond outlet structures where applicable.
Swales should be utilized in lieu of storm pipe systems in permeable soils to facilitate groundwater recharge and decrease peak flows.
Drainageways and watercourses which normally carry or receive surface water runoff shall not be overloaded with increase runoff, sediment or other pollution resulting from disturbance of soil and vegetation incident to development, construction or other activity.
Due consideration shall be given to the relationship of the subject property to the natural or established drainage pattern of the subwatershed(s) of which it is a part.
Surface water runoff controls shall be designed to assure that the land in question uses no more than its proportionate watershed share of the natural stream and culvert capacity, provided that where a regional facility would be more suitable as indicated by a channel flood routing, and provided that the increase within the channel represents no more than 2% of the flow, a contribution as defined in Chapter 350, Subdivision of Land, for off-tract improvements may be made for the construction of an off-tract facility.
A flood routing of the discharge channel shall be provided so that the coordination of discharges proposed from the tract with those from off-tract and the effect of stream bank erosion can be analyzed.
Innovative surface water runoff control and recharge devices may be proposed, such as rooftop storage, drywells, cisterns and roof drain infiltration trenches, provided that they are accompanied by detailed engineering plans and performance capabilities.
The one-hundred-year floodplain shall be maintained and may not be developed or encroached upon in a manner which would decrease channel.
Limit of construction. Critical impact areas and other areas to be left undisturbed shall be physically marked with surrounding survey stakes or protected with a temporary, snow fence prior to any land disturbance.
Timing. The Board shall require the construction and/or installation of stormwater management improvements in accordance with the schedule of sequence of installation as approved.
The developer shall bear full and final responsibility for the installation and construction of all required surface water runoff control measures according to the provisions of his approved plan and this chapter. The Borough Engineer shall inspect the site during preparation and development.
During the 12 months subsequent to the date of completion, the Engineer periodically shall inspect the site to ascertain that the provisions of the applicant's approval plan are complied with, including limit of construction for areas to be left undisturbed.
At the time of approval of the plan, responsibility for continued maintenance of stormwater runoff control structures and measures shall be stipulated and properly recorded.
The Borough shall retain the right to enter and make repairs and improvements where necessary to ensure that all control measures as well as areas dedicated to surface water retention or groundwater recharge are adequately maintained and preserved. The Borough may charge the owner for the cost of these services if such maintenance is his responsibility.
Enforcement. If at any time the Municipal Engineer finds existing conditions not as stated in the applicant's approved plan, the governing body, or its designated agent, shall order cessation of all work and seek to enjoin the violation or take such steps looking to the enforcement of the plan as may be lawful.
[Amended 6-22-2004 by Ord. No. 04-16]
Any person who violates any provision of this chapter shall, upon conviction thereof, be subject to a fine not exceeding $1,250, a term of imprisonment not exceeding 90 days or a period of community service not exceeding 90 days, or any combination thereof, in the discretion of the court.
[Adopted 11-29-2005 by Ord. No. 05-13]
The purpose of this article is to prohibit the spilling, dumping or disposal of materials other than stormwater to the municipal separate storm sewer system (MS4) operated by the Borough of Alpha, so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.
For the purpose of this article, the following terms, phrases, words and their derivations shall have the meanings stated herein unless their use in the text of this article 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)
- 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 Borough of Alpha or other public body and is designed and used for collecting and conveying storm water.
- Any individual, corporation, company, partnership, firm, association or political subdivision of this state subject to municipal jurisdiction.
- 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.
The spilling, dumping or disposal of materials other than stormwater to the municipal separate storm sewer system operated by the Borough of Alpha 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.
Waterline flushing and discharges from potable water sources.
Uncontaminated groundwater (e.g., infiltration, crawl space or basement sump pumps, foundation or footing drains, rising ground waters).
Air-conditioning condensate (excluding contact and noncontact cooling water).
Irrigation water (including landscape and lawn watering runoff).
Flows from springs, riparian habitats and wetlands, water reservoir discharges and diverted stream flows.
Residential car washing water and residential swimming pool discharges.
Sidewalk, driveway and street wash water.
Flows from fire-fighting activities.
Flows from rinsing of the following equipment with clean water:
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.
This article shall be enforced by the Police Department and Zoning Officer of the Borough of Alpha.
Any person violating or failing to comply with any of the provisions of this article shall, upon conviction thereof, be punishable by a fine of not more than the maximum amount allowed by law, imprisonment for a term not to exceed 90 days or a period of community service not to exceed 90 days, or any combination thereof, in the discretion of the Judge. The continuation of such violation for each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuation of the violation may be punished as provided above for each separate offense.
Each section, subsection, sentence, clause and phrase of this article is declared to be an independent section, subsection, sentence, clause and phrase, and the finding or holding of any such portion of this article to be unconstitutional, void or ineffective for any cause or reason shall not affect any other portion of this article.