As result of USEPA’s Phase II rules published in December 1999, the New Jersey Department of Environmental Protection has developed the Municipal Stormwater Regulation Program. This program addresses pollutants entering our waters from certain storm drainage systems owned or operated by local, county, state, interstate, or federal government agencies. These systems are called “municipal separate storm sewer systems” (MS4s). The Department’s Municipal Stormwater Regulation Program will be issuing NJPDES permits to municipalities throughout the state, public complexes, and highway systems. Public complexes include large public colleges, prisons and hospital complexes. Highway systems include those operated by counties or by entities such as the NJ Department of Transportation, NJ Turnpike Authority, and the South Jersey Transportation Authority.
Union Township Land Development Ordinance
The Township of Union, in the county of Hunterdon, has adopted an ordinance to address stormwater runoff in response to N.J.S.A. 7:8.
SECTION 30-24 STORMWATER CONTROL
30-24.1 Scope and Purpose
A. Policy Statement
Stormwater Management is the process of minimizing stormwater runoff and directing stormwater appropriate nonstructural and structural stormwater management measures so as to control flooding, recharge groundwater and reduce pollution of water- resources. Transport of stormwater-related pollutants into local surface and ground waters can result in: the destruction of fish, wildlife, and habitats; threats to public health due to contaminated food and drinking water supplies; and losses of recreational and aesthetic values. Stormwater management shall occur with the understanding and acceptance of stormwater as a resource; low impact and nonstructural measures shall be tailored to a site and applied wherever and to the extent feasible.
The purpose of this ordinance is to establish minimum stormwater management requirements and controls for major development and to reduce the amount of nonpoint source pollution entering surface and ground waters. This ordinance guides new development in a manner that is proactive and minimizes harmful impacts to natural resources. Specifically, this ordinance shall:
- Reduce artificially induced flood damage to public health, life, and property;
- Minimize increased stormwater runoff rates and volumes;
- Minimize the deterioration of existing structures that would result from increased rates of stormwater runoff;
- Induce water recharge into the ground wherever suitable infiltration, soil permeability, and favorable geological conditions exist;
- Prevent an increase in nonpoint source pollution;
- 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;
- Control and minimize soil erosion and the transport of sediment;
- Minimize public safety hazards at any stormwater detention facility constructed pursuant to subdivision or site plan approval;
- Maintain adequate baseflow and natural flow regimes in all streams and other surface water bodies to protect the aquatic ecosystem;
- Protect all surface water resources from degradation; and
- Protect groundwater resources from degradation and diminution.
- This ordinance shall be applicable to all site plans and subdivisions for the following major developments that require preliminary or final site plan or subdivision review:
- Non-residential major developments; and
- Aspects of residential major developments that are not pre-empted by the Residential Site Improvement Standards (RSIS) at N.J.A.C. 5:21. The provisions of both this ordinance and the RSIS are to be applied and reviewed concurrently for any residential major development.
- In the case of agricultural or horticultural development that meets the definition of major development" under N.J.A.C. 7:8, a farm conservation plan that addresses the protection of soil and water resources shall be developed and implemented. Such a plan shall be approved by the Hunterdon County Soil Conservation District.
- This ordinance shall also be applicable to all major developments undertaken by the Township of Union.
- This ordinance does not apply to activities of Hunterdon County, the State of New Jersey and the government of the United States of America when those activities are specifically exempted from municipal regulation by relevant State or Federal law.
D. Compatibility with Other Permit and Ordinance Requirements
Development approvals issued for subdivisions and site plans pursuant to this ordinance 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 application, the provisions of this ordinance shall be held to be the minimum requirements for the promotion of the public health, safety, and general welfare. This ordinance shall be construed to assure consistency with the requirements of New Jersey laws and acts amendatory thereof or supplementary thereto, applicable implementing regulations, and any existing or future municipal NJPDES Permits and any amendments or revisions thereto or reissuance thereof. This ordinance is not intended to interfere with, abrogate, or annul any other ordinance, rule or regulation, statute, or other provision of law. Where any provision of this ordinance imposes restrictions different from those imposed by any other ordinance, rule or regulation, or other provision of law, whichever provisions are more restrictive or impose higher standards shall control.
30-24.10 Maintenance and Repair
1. Projects subject to review pursuant to Section 1.C of this ordinance shall comply with the requirements of Sections 10.B and 10.C.
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 owners or operators in performing and documenting maintenance and repair, and by the municipality in ensuring implementation of the maintenance plan. The final maintenance plan shall be updated and provided to the municipality 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 preventive maintenance tasks and schedules; cost estimates, including estimated cost of sediment, debris, or trash removal and disposal; 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 manufacturers of any manufactured treatment devices (See Section 6.C); and the name, address, and telephone number of the person or persons responsible for preventive and corrective maintenance (including replacement), using maintenance guidelines for Stormwater management measures from Section 7, the Municipal Stormwater Management Plan and any relevant regional Stormwater management plan. If the maintenance plan identifies a person other than the developer (for example, a public agency or homeowners’ association) as having the responsibility for continuing maintenance, the plan shall include 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 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.
4. If the person responsible for maintenance identified under Section 10.B.2 above is not a public agency, the maintenance plan and any future revisions based on Section 10.B.7 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. Preventive and corrective maintenance shall be performed to maintain the function of the stormwater management measures, including repairs or replacement to the structures; 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 Section 10.B.2 above shall maintain a detailed log of all preventive 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. The log shall be kept on-site and be made available for inspection by any review agency having jurisdiction.
7. The person responsible for maintenance identified under Section 10.B.2 above shall evaluate the effectiveness of the maintenance plan at least once per year and adjust the plan and the deed as needed. Adjustments to the plan and/or deed must be submitted to the Township Committee for review and approval.
8. The person responsible for maintenance identified under Section 10.B.2 above shall retain, submit annually to the municipality 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 Sections 10.B.6 and 10.B.7 above.
9. The requirements of Sections 10.B.3 and 10.B.4 do not apply to stormwater management facilities that are dedicated to and accepted by the municipality or another governmental agency of competent jurisdiction.
10. In the event that the stormwater management facility becomes a danger to public safety or public health or 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.
C. Nothing in this section 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.
D. The maintenance plan shall specifically provide a specific municipal right of access for inspection of measures, and for maintenance if required under Section B.10.
Any person 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 not to exceed Five Hundred Dollars ($500.00) and/or imprisonment for a time not to exceed sixty (60) days. After notified of violation, each day of continuance thereof may, in the discretion of the court, be treated as a separate and distinctive violation hereof.
II. Effective Date: This ordinance shall take effect immediately upon the approval by the county review agency, or sixty (60) days from the receipt of the ordinance by the Hunterdon County Planning Board if the Hunterdon County Planning Board, as county review agency, should fail to act.
III. Severability: If the provisions of any section, subsection, paragraph, subdivision, or clause of this ordinance shall be judged invalid by a court of competent jurisdiction, such order of judgment shall not affect or invalidate the remainder of any section, subsection, paragraph, subdivision, or clause of this ordinance.
IV. Publication and Filing: The Township Clerk shall publish notice of the passage of the Ordinance after the public hearing and adoption, as well as filing a copy of the Ordinance as finally adopted with the Hunterdon County Planning Board as required by N.J.S. 40:55D-16. In addition, this section should further indicate that the Township Clerk shall also transmit a copy of the Ordinance after final passage to the Township Tax Assessor as required by N.J.S. 40:49-2.1.
V. Repealer: The Stormwater Control Ordinance shall supersede all applicable ordinances in conflict.
VI. Short Title: The Short title of this Ordinance shall be known as and may be cited as “Amendment No. _______ to the Union Township Land Use Code.”