INTRODUCTION ORDINANCE NO. 1614
(Amending ORD. NO. 1598)
BOND
ORDINANCE TO AMEND SECTIONS 4.B AND 10 OF THE BOND ORDINANCE (ORD. NO. 1598)
ENTITLED: "BOND
ORDINANCE TO AUTHORIZE THE MAKING OF VARIOUS PUBLIC IMPROVEMENTS AND THE
ACQUISITION OF NEW ADDITIONAL OR REPLACEMENT EQUIPMENT AND MACHINERY, NEW
COMMUNICATION AND SIGNAL SYSTEMS EQUIPMENT, NEW INFORMATION TECHNOLOGY
EQUIPMENT AND NEW AUTOMOTIVE VEHICLES, INCLUDING ORIGINAL APPARATUS AND
EQUIPMENT, IN, BY AND FOR THE BOROUGH OF BOGOTA, IN THE COUNTY OF BERGEN, STATE
OF NEW JERSEY, TO APPROPRIATE THE SUM OF $1,900,000 TO PAY THE COST THEREOF, TO
MAKE A DOWN PAYMENT, TO AUTHORIZE THE ISSUANCE OF BONDS TO FINANCE SUCH
APPROPRIATION AND TO PROVIDE FOR THE ISSUANCE OF BOND ANTICIPATION NOTES IN
ANTICIPATION OF THE ISSUANCE OF SUCH BONDS," ADOPTED JUNE 8, 2023.
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BE IT ORDAINED by the
Borough Council of the Borough of Bogota, in the County of Bergen, State of New
Jersey, as follows:
Section 1. Section 4.B of Ordinance No. 1598 entitled:
"BOND
ORDINANCE TO AUTHORIZE THE MAKING OF VARIOUS PUBLIC IMPROVEMENTS AND THE
ACQUISITION OF NEW ADDITIONAL OR REPLACEMENT EQUIPMENT AND MACHINERY, NEW
COMMUNICATION AND SIGNAL SYSTEMS EQUIPMENT, NEW INFORMATION TECHNOLOGY
EQUIPMENT AND NEW AUTOMOTIVE VEHICLES, INCLUDING ORIGINAL APPARATUS AND
EQUIPMENT, IN, BY AND FOR THE BOROUGH OF BOGOTA, IN THE COUNTY OF BERGEN, STATE
OF NEW JERSEY, TO APPROPRIATE THE SUM OF $1,900,000 TO PAY THE COST THEREOF, TO
MAKE A DOWN PAYMENT, TO AUTHORIZE THE ISSUANCE OF BONDS TO FINANCE SUCH
APPROPRIATION AND TO PROVIDE FOR THE ISSUANCE OF BOND ANTICIPATION NOTES IN
ANTICIPATION OF THE ISSUANCE OF SUCH BONDS"
adopted by the Borough Council of the
Borough of Bogota, in the County of Bergen, New Jersey (the
"Borough") on June 8, 2023 (the "Prior Ordinance") is
hereby amended to (A) delete the acquisition of SUVs for the use of the Police
Department from the purposes authorized, (B) add the undertaking of various
improvements to the Hose 3 Fire House to the purposes authorized, and (C)
increase the period of usefulness of the purposes authorized from 5
years to 7 years, and shall hereafter read as follows:
"[Section 4.]B. (i) Acquisition
of new information technology equipment for the use of the Police Department
consisting of a policy and procedures computer system and (ii) undertaking of
various improvements to the Hose 3 Fire House.
Appropriation
and Estimated Cost $ 235,000
Down
Payment Appropriated $ 11,200
Bonds and
Notes Authorized $ 223,800
Period
of Usefulness 7
years."
Section 2. Section 10 of the Prior Ordinance is hereby
amended to increase the average period of usefulness of the purposes authorized
from 10.71 years to 10.95 years (an increase of 0.24 years), and shall
hereafter read as follows:
"Section 10. It is
hereby determined and declared that the average period of usefulness of said
purposes, according to their reasonable lives, taking into consideration the
respective amounts of bonds or notes authorized for said purposes, is a period
of 10.95 years computed from the date of said bonds."
Section 3. The capital budget is hereby amended to
conform with the provisions of this amendatory bond ordinance to the extent of
any inconsistency therewith and the resolutions promulgated by the Local
Finance Board showing full detail of the amended capital budget and capital
program as approved by the Director, Division of Local Government Services, is
on file with the Borough Clerk and is available for public inspection.
Section 4. This ordinance shall take effect twenty days
after the first publication thereof after final passage.
INTRODUCTION: March 7, 2024
RESULT: INTRODUCED
[UNANIMOUS] Next: 3/21/2024 7:30 PM
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Councilwoman Kohles
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Councilman Mitchell
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Councilwoman Vergara
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Councilman Robbins
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ATTEST: APPROVED:
________________________________ __________________________
BOROUGH OF BOGOTA
ORDINANCE NO. 1613
AN ORDINANCE AMENDING CHAPTER 9 OF THE BOGOTA CODE,
ENTITLED “BUILDING AND HOUSING”
WHEREAS, Chapter 9 of the Bogota Code
sets forth the codes and regulations for buildings and properties located
within the Borough of Bogota; and,
WHEREAS,
Section 11 of Chapter 9 currently establishes a registry for all vacant and
abandoned properties located within the Borough; and,
WHEREAS,
after the aforementioned registry was established, the State of New Jersey
adopted N.J.S.A. 40:48-2.12s3, which authorizes the Borough of Bogota to
include foreclosed properties in the aforesaid registry, so as to identify and
monitor residential and commercial property within the Brough for which a
summons and complaint in an action to foreclose on a mortgage has been filed;
and,
WHEREAS,
Section 11 of Chapter 9 currently identifies “any foreclosing entity” as an
“owner” under the vacant/abandoned property registry, but the current language limits
registration to only foreclosed properties that are vacant and abandoned; and,
WHEREAS,
the Mayor and Council wish to amend Section 11 to include all foreclosed
properties in the aforementioned registry, as permitted by N.J.S.A.
40:48-2.12s3.
NOW, THEREFORE, BE IT ORDAINED
by the Mayor and Council of the Borough of Bogota, that Section 11 of Chapter 9
of the Bogota Code, entitled “Registration and Maintenance of Vacant/Abandoned
Properties” shall be renamed “Registration of
Vacant/Abandoned/Foreclosed
Properties”, and that same shall be amended, revised and supplemented as
follows:
Section 1: Amendment to Section 9-11.1, Entitled “Definitions”.
The definition of “Owner” is hereby amended, revised and supplemented as
follows:
Any title holder, any
agent of the title holder having authority to act with respect to a vacant
property any foreclosing entity subject to the provisions of N.J.S.A.
46:10B-51 (P.L. 2008, c. 127, Sec. 17, as amended by P.L. 2009, c. 296), or
any other entity determined by the Borough of Bogota to have authority to act
with respect to the property.
A new definition for “Creditor” shall be added, which
shall read as follows:
CREDITOR
A mortgagee or an agent
or assignee of a mortgagee, such as the servicer, who has filed a complaint in
the Superior Court seeking to foreclose upon a residential or commercial
mortgage. If the entity seeking to
foreclose upon the residential or commercial mortgage changes as a result of an
assignment, transfer, or otherwise after the filing of the foreclosure
complaint in the Superior Court, the new entity shall be deemed the creditor
for purposes of this section. For
purposes of this section, a creditor shall not include the State, a political
subdivision of the State, a State, county or local government entity, or their
agent or assigned, such as the servicer.
The definition of
“Vacant Property” is hereby renamed to “Vacant/Abandoned
Property”,
and is hereby amended, revised and supplemented as follows:
Any vacant land, or any residential or
commercial structure which is not legally occupied or at which
substantially all lawful construction operations or residential
occupancy has ceased, and which is in such condition that it cannot legally be
reoccupied without repair or rehabilitation, including, but not limited to, any
property meeting the definition of "abandoned property" in N.J.S.A.
55:19-80; provided, however, that any property where all building systems are
in working order, where the building and grounds are maintained in good order,
or where the building is in habitable condition,
and where the building is being actively marketed by its owner for sale or
rental, shall not be deemed a vacant property for purposes of this section.
Section
2: Amendment
to Section 9-11.6, entitled “(Reserved)”.
Section 9-11.6 shall be renamed
“Requirements of Foreclosed Properties” and shall read as follows:
(a)
A
creditor who files a summons and complaint in an action to foreclose shall, in
addition to the notice provided to the Borough of Bogota pursuant to Section 17
of P.L. 2008, c. 127 (c. 46:10B-51) or Section 2 of P.L. 2021, c. 444 (C.
40:48-2.12s2), register the residential or commercial property with the Borough
as a property in foreclosure and, as part of that registration: (a) provide the
Borough with the information regarding the creditor required by paragraph (1) of
subsection a. of section 17 of P.L.2008,
c.127 (C.46:10B-51) or paragraph (1) of subsection a.
of section 2 of P.L.2021,
c.444 (C.40:48-2.12s2); (b) identify the date the summons
and complaint in an action to foreclose on a mortgage was filed against the
subject property, the court in which it was filed, and the docket number of the
filing; and (c) identify whether the property is vacant and abandoned in
accordance with the definition in the ordinance required by sub-paragraph (f)
of this subsection;
(b) The
creditor shall update the information provided to the Borough within ten (10)
days of any change in in the name, address, or telephone number of the representative,
agent, or individual authorized to accept service on behalf of a creditor
required to register pursuant to the property registration program following
the filing of the summons and complaint.
(c) If
the creditor is located out-of-State, an in-State representative or agent shall
be appointed to act for the foreclosing creditor. An out-of-State creditor who fails to appoint
an in-State representative or agent pursuant to this Chapter shall be subject
to a fine of two thousand five hundred ($2,500) dollars for each day of the
violation. The aforesaid fine shall
commence on the day after the 10-day period for providing notice to the
municipal clerk that a summons and complaint in an action to foreclose on a
mortgage has been served;
(d) If
the property shall become vacant and abandoned after being registered, as
defined in sub-paragraph (f) of this sub-section, the creditor filing a summons
and complaint in an action to foreclose shall update the property registration
with the municipality to reflect the change in the property’s status;
(e) The
creditor filing a summons and complaint in an action to foreclose shall be
responsible for the care, maintenance, security, and upkeep of the exterior of
the property if the property is vacant and abandoned at any time while the
property is registered with the property registration program;
(f) A
property shall be considered vacant and abandoned if it is not legally occupied
by a mortgagor or tenant, which is in such condition that it cannot be legally
reoccupied, because of the presence or finding of at least two of the
following:
(i)
overgrown or neglected vegetation;
(ii)
the accumulation of newspapers, circulars, flyers, or mail on the
property;
(iii)
disconnected gas, electric, or water utility services to the
property;
(iv)
the accumulation of hazardous, noxious, or unhealthy substances or
materials on the property;
(v)
the accumulation of junk, litter, trash, or debris on the
property;
(vi)
the absence of window
treatments such as blinds, curtains, or shutters;
(vii)
the absence of furnishings and personal items;
(viii)
statements of neighbors, delivery persons, or government employees
indicating that the property is vacant and abandoned;
(ix)
windows or entrances to the property that are boarded up or closed
off, or multiple window panes that are damaged, broken, and unrepaired;
(x)
doors to the property that are smashed through, broken off,
unhinged, or continuously unlocked;
(xi)
a risk to the health, safety, or welfare of the public or any
adjoining or adjacent property owners due to acts of vandalism, loitering,
criminal conduct, or the physical destruction or deterioration of the property;
(xii)
an uncorrected violation of a municipal building, housing, or
similar code during the preceding year, or an order by municipal authorities
declaring the property to be unfit for occupancy and to remain vacant and
unoccupied;
(xiii)
the mortgagee or other authorized party has secured or winterized
the property due to the property being deemed vacant and unprotected or in
danger of freezing;
(xiv)
a written statement issued by a mortgagor expressing the clear
intent of all mortgagors to abandon the property; or
(xv)
any other reasonable indicia of abandonment.
(g) The Code Enforcement Officer for the Borough of Bogota shall be
designated to enforce the provisions of this Chapter. In the case of a violation for failure to
provide care, maintenance, security and upkeep to the exterior of a vacant and
abandoned property, such notice shall require the person or entity to correct
the violation within 30 days of receipt of the notice, or within 10 days of
receipt of the notice if the violation presents an imminent threat to public
health and safety.
Section
2: Amendment to Section 9:11-5, entitled “Fee
Schedule”
Section
9:11-5 shall be amended, revised and supplemented as follows:
A. For all properties not subject to the provisions of Section
9:11-6, the initial registration of the property shall
be two hundred fifty ($250.00) dollars. Upon renewal of the registration for
the second year, the registration fee shall be five hundred ($500.00) dollars,
renewal for the third year shall be one thousand ($1000.00) dollars, renewal
for the fourth year shall be two thousand five hundred ($2,500.00) dollars, and
for every year thereafter said registration fee shall be five thousand
($5,000.00) dollars.
B. For all properties subject to the provisions of Section 9:11-6,
the registration of the property shall be two hundred fifty ($250.00) dollars
for the first year. Upon renewal of the
registration for the second year and subsequent years, the registration fee
shall be five hundred ($500.00) dollars annually. If the property is vacant or abandoned, as
defined in Section 9:11-6(f) of this Chapter, then an additional two thousand
($2,000) dollar registration fee shall be paid annually.
Sectio
n 3:
Amendment to Section 9:11-9, entitled “Violations”
Section
9:11-9 is hereby amended, revised and supplemented as follows:
a.
For all properties not
subject to the provisions of Section 9:11-6, any person
who violates any provision of this section or of the rules and regulations
issued hereunder shall be fined not less than $100.00 and not more than
$2,000.00 for each offense. Every day that a violation continues shall
constitute a separate and distinct offense. Fines assessed under this
subsection shall be recoverable from the owner and shall be a lien on the
property; and
b.
For all properties subject to the provisions
of Section 9:11-6, any creditor found to be in violation of the ordinance, with
the exclusion of Section 9:11-6(c), shall be subject to a fine of one thousand
five hundred ($1,500) dollars for each day of the violation. Any fines imposed
pursuant to this Section shall commence 31 days following receipt of the notice
of violation, except if the violation presents an imminent risk to public
health and safety, in which case any fines shall commence 11 days following
receipt of the notice. No less than
twenty (20%) percent of any money collected pursuant to this subsection shall
be utilized by the Borough for municipal code enforcement purposes.
c.
For purposes of this section, failure to file a registration
statement within thirty (30) calendar days after a building becomes vacant
property or within thirty (30) calendar days after assuming ownership of a
vacant property, whichever is later, or within ten (10) calendar days of
receipt of notice by the municipality, and failure to provide correct
information on the registration statement, or failure to comply with the
provisions of such provisions contained herein shall be deemed to be violations
of this section.
Section
4:
Severability.
If
any section, subsection, paragraph, sentence, clause or phrase of this
Ordinance shall
be declared invalid for
any reason whatsoever, such a decision shall not affect the remaining portions
of the Ordinance, which shall remain in full force and effect, and for this
purpose the provisions of this Ordinance are hereby declared to be severable.
Section
4: Inconsistency.
Any
and all ordinances, or parts thereof, in conflict or inconsistent with any of
the
terms and provisions of
this Ordinance are hereby repealed to such extent as they are so in conflict or
inconsistent.
Section
5: Effective Date
This
ordinance shall take effect twenty (20) days after the first publication
thereof
after
final passage.
INTRODUCTION: February 15, 2024
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Nonn No |
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Council President Carpenter
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Councilwoman Kohles
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Councilman McHale
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Councilman Mitchell
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Councilwoman Vergara
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Councilman Robbins
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ATTEST: APPROVED:
________________________________ __________________________
Borough Clerk Mayor
I,
Yenlys Flores-Bolivard, Municipal Clerk of the Borough of Bogota, Bergen
County, New Jersey, do hereby certify that the foregoing is a correct and true
copy of an Ordinance adopted by the Borough of Bogota at a meeting held on February 15, 2024
INTRODUCTION ORDINANCE
NO.
AN ORDINANCE AMENDING CHAPTER 23 OF
THE BOGOTA MUNICIPAL CODE, ENTITLED “POLICE DEPARTMENT”
WHEREAS, Chapter 23 of the Bogota Municipal Code sets forth the
administrative rules and regulations for the Bogota Police Department; and,
WHEREAS, this Chapter currently sets the reimbursement for rate for police
services performed on behalf of private contractors; and,
WHEREAS, the Mayor and Council wish to revise this section to reflect the
rate agreed to in the Department’s current Collective Negotiation Agreement.
NOW, THEREFORE,
BE IT ORDAINED by the Mayor and Council of the
Borough of Bogota, that Chapter 23 of the Bogota Municipal Code is hereby
amended, revised, and supplemented as follows:
Section 1: Amendment to Section 23-11.2(a),
entitled “Payment and Escrow Accounts”.
Section 23-11.2, entitled “Payment and Escrow Accounts” is hereby amended,
revised, and supplemented as follows:
23-11.2 Payment and Escrow Accounts.
a.
Private contractors shall pay the
treasurer of the Borough, by cash, check, or money order, for all services
performed by members of the Borough's Police Department at the rate of one
hundred forty ($140.00) dollars per hour as compensation for the Borough's
costs associated with the police services.
Section 2: Severability.
If any section, subsection, sentence, clause, phrase or portion of
this ordinance is for any reason held invalid or unconstitutional by any court
or federal or state agency of competent jurisdiction, such portion shall be
deemed a separate, distinct and independent, and such holding shall not effect
the validity of the remaining portions hereof.
Section 3:
Inconsistency.
Any and all ordinances, or parts thereof, in conflict or
inconsistent with any of the
terms and
provisions of this Ordinance are hereby repealed to such extent as they are so
in conflict or inconsistent.
Section 4:
Effective Date.
This ordinance shall take effect twenty (20) days after the first
publication thereof
after final
passage.
INTRODUCTION: February 15, 2024
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Nonn No |
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Council President Carpenter |
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Councilwoman Kohles |
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ATTEST: APPROVED:
________________________________ __________________________
Borough Clerk Mayor
I,
Yenlys Flores-Bolivard, Municipal Clerk of the Borough of Bogota, Bergen
County, New Jersey, do hereby certify that the foregoing is a correct and true
copy of an Ordinance adopted by the Borough of Bogota at a meeting held on February 15, 2024
BOROUGH OF BOGOTA
INTRODUCTION
REVISED ORDINANCE NO. 1610
AN ORDINANCE AMENDING CHAPTER 21B OF THE MUNICIPAL CODE
OF THE BOROUGH OF BOGOTA, ENTITLED “STORMWATER CONTROL”
WHEREAS,
Article I of Chapter 21B of Bogota’s Municipal Code defines and regulates the
Borough’s stormwater management measures, which are aimed to promote flood
control, groundwater recharge, and pollution reduction through Green Infrastructure
Best Management Practices (GI BMPs) and nonstructural stormwater management
strategies, and;
WHEREAS,
Section 7:8 of the New Jersey Administrative Code contains the State of New
Jersey’s Municipal Stormwater Management Program, which sets forth the
stormwater control guidelines that must be administered and followed by each
municipality in the State, and;
WHEREAS,
the New Jersey Department of Environmental Protection, Division of Water
Quality, (hereinafter “NJDEP”) had made several amendments to Section 7:8,
effective July 17, 2023, and;
WHEREAS,
the Borough is required to amend its stormwater management rules to reflect the
newly-revised language in the State’s Municipal Stormwater Management Program.
NOW, THEREFORE, BE IT ORDAINED
by the Mayor and Council of the Borough of Bogota, that Article I of Chapter 21B
of the Bogota Municipal Code is hereby deleted in its entirety and replaced
with the following:
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 and low impact
development (LID) 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 and LID 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
The purpose of
this ordinance is to establish minimum stormwater management requirements and
controls for “major development,” as defined below in Section II.
C.
Applicability
1.
This
ordinance shall be applicable to the following major developments:
a.
Non-residential
major developments; and
b.
Aspects
of residential major developments that are not pre-empted by the Residential
Site Improvement Standards at N.J.A.C. 5:21.
2.
This
ordinance shall also be applicable to all major developments undertaken by the
Borough of Bogota.
3.
An
application required by ordinance pursuant to (b)1 above that has been
submitted prior to December 21, 2023, shall be subject to the stormwater
management requirements in effect on December 20, 2023.
4.
An
application required by ordinance for approval pursuant to (b)1 above that has
been submitted on or after March 2, 2021, but prior to December 21, 2023, shall
be subject to the stormwater management requirements in effect on December 20,
2023.
5.
Notwithstanding
any rule to the contrary, a major development for any public roadway or
railroad project conducted by a public transportation entity that has
determined a preferred alternative or reached an equivalent milestone before July
17, 2023, shall be subject to the stormwater management requirements in effect
prior to July 17, 2023.
D.
Compatibility
with Other Permit and Ordinance Requirements
Development
approvals issued pursuant to this ordinance 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 ordinance shall be held to be the minimum requirements for
the promotion of the public health, safety, and general welfare.
This ordinance 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 ordinance 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.
Section II: Definitions.
For the purpose of
this ordinance, 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 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 the corresponding definitions in
the Stormwater Management Rules at N.J.A.C. 7:8-1.2.
“CAFRA Centers, Cores or Nodes” means
those areas with boundaries incorporated by reference or revised by the
Department in accordance with N.J.A.C. 7:7-13.16.
“CAFRA Planning Map” means the map used by
the Department to identify the location of Coastal Planning Areas, CAFRA
centers, CAFRA cores, and CAFRA nodes.
The CAFRA Planning Map is available on the Department's Geographic
Information System (GIS).
“Community basin” means an infiltration system,
sand filter designed to infiltrate, standard constructed wetland, or wet pond,
established in accordance with N.J.A.C. 7:8-4.2(c)14, that is designed and
constructed in accordance with the New Jersey Stormwater Best Management
Practices Manual, or an alternate design, approved in accordance with N.J.A.C.
7:8-5.2(g), for an infiltration system, sand filter designed to infiltrate,
standard constructed wetland, or wet pond and that complies with the
requirements of this chapter.
“Compaction” means the increase in soil
bulk density.
“Contributory drainage area” means the
area from which stormwater runoff drains to a stormwater management measure,
not including the area of the stormwater management measure itself.
“Core” means a pedestrian-oriented area of
commercial and civic uses serving the surrounding municipality, generally
including housing and access to public transportation.
“County review agency” means an agency
designated by the Board of County Commissioners to review municipal stormwater
management plans and implementing ordinance(s).
The county review agency may either be:
1.
A
county planning agency or
2.
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” means the Department of
Environmental Protection.
“Designated Center” means a State
Development and Redevelopment Plan Center as designated by the State Planning
Commission such as urban, regional, town, village, or hamlet.
“Design engineer” means 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” means the division of a
parcel of land into two or more parcels, the construction, reconstruction,
conversion, structural alteration, relocation or enlarge-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, 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
land, development means: 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” means the placement or
reconstruction of impervious surface or motor vehicle surface, or exposure
and/or movement of soil or bedrock or clearing, cutting, or removing of
vegetation. Milling and repaving is not
considered disturbance for the purposes of this definition.
“Drainage area” means a geographic area
within which stormwater, sediments, or dissolved materials drain to a
particular receiving waterbody or to a particular point along a receiving
waterbody.
“Environmentally constrained area” means
the following areas where the physical alteration of the land is in some way
restricted, either through regulation, easement, deed restriction or ownership
such as: wetlands, floodplains, threatened and endangered species sites or
designated habitats, and parks and preserves.
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.
“Environmentally critical area” means an
area or feature which is of significant environmental value, including but not
limited to: stream corridors, natural
heritage priority sites, habitats 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.
“Empowerment Neighborhoods” means
neighborhoods 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.
“Erosion” means the detachment and
movement of soil or rock fragments by water, wind, ice, or gravity.
“Green infrastructure” means a stormwater
management measure that manages stormwater close to its source by:
1.
Treating
stormwater runoff through infiltration into subsoil;
2.
Treating
stormwater runoff through filtration by vegetation or soil; or
3.
Storing
stormwater runoff for reuse.
"HUC 14" or "hydrologic
unit code 14" means an area within which water drains to a particular
receiving surface water body, also known as a subwatershed, which is identified
by a 14-digit hydrologic unit boundary designation, delineated within New
Jersey by the United States Geological Survey.
“Impervious surface” means a surface that
has been covered with a layer of material so that it is highly resistant to
infiltration by water.
“Infiltration” is the process by which
water seeps into the soil from precipitation.
“Lead planning agency” means one or more
public entities having stormwater management planning authority designated by
the regional stormwater management planning committee pursuant to N.J.A.C.
7:8-3.2, that serves as the primary representative of the committee.
1.
The
disturbance of one or more acres of land since February 2, 2004;
2.
The
creation of one-quarter acre or more of “regulated impervious surface” since
February 2, 2004;
3.
The
creation of one-quarter acre or more of “regulated motor vehicle surface” since
March 2, 2021; or
Major development includes all developments that are
part of a common plan of development or sale (for example, phased residential
development) that collectively or individually meet any one or more of
paragraphs 1, 2, 3, or 4 above. Projects
undertaken by any government agency that otherwise meet the definition of
“major development” but which do not require approval under the Municipal Land
Use Law, N.J.S.A. 40:55D-1 et seq., are also considered “major development.”
“Motor vehicle” means land vehicles
propelled other than by muscular power, such as automobiles, motorcycles,
autocycles, and low speed vehicles. For
the purposes of this definition, motor vehicle does not include farm equipment,
snowmobiles, all-terrain vehicles, motorized wheelchairs, go-carts, gas
buggies, golf carts, ski-slope grooming machines, or vehicles that run only on
rails or tracks.
“Motor vehicle surface” means any pervious
or impervious surface that is intended to be used by “motor vehicles” and/or
aircraft, and is directly exposed to precipitation including, but not limited
to, driveways, parking areas, parking garages, roads, race-tracks, and runways.
“Municipality” means any city, borough,
town, township, or village.
“New Jersey Stormwater Best Management
Practices (BMP) Manual” or “BMP Manual” means the manual maintained by the
Department providing, in part, design specifications, removal rates,
calculation methods, and soil testing procedures approved by the Department as
being capable of contributing to the achievement of the stormwater management
standards specified in this chapter. The
BMP Manual is periodically amended by the Department as necessary to provide
design specifications on additional best management practices and new
information on already included practices reflecting the best available current
information regarding the particular practice and the Department’s
determination as to the ability of that best management practice to contribute
to compliance with the standards contained in this chapter. Alternative stormwater management measures,
removal rates, or calculation methods may be utilized, subject to any
limitations specified in this chapter, provided the design engineer
demonstrates to the municipality, in accordance with Section IV.F. of this
ordinance and N.J.A.C. 7:8-5.2(g), that the proposed measure and its design
will contribute to achievement of the design and performance standards
established by this Chapter.
“Node” means an area designated by the
State Planning Commission concentrating facilities and activities which are not
organized in a compact form.
“Nutrient” means a chemical element or
compound, such as nitrogen or phosphorus, which is essential to and promotes
the development of organisms.
“Person” means any individual,
corporation, company, partnership, firm, association, political subdivision of
this State and any state, interstate or Federal agency.
“Pollutant” means 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,
ground waters or surface waters of the State, or to a domestic treatment
works. “Pollutant” includes both
hazardous and nonhazardous pollutants.
"Public roadway or railroad"
means a pathway for use by motor vehicles or trains that is intended for public
use and is constructed by, or on behalf of, a public transportation entity. A public roadway or railroad does not include
a roadway or railroad constructed as part of a private development, regardless
of whether the roadway or railroad is ultimately to be dedicated to and/or
maintained by a governmental entity.
“Public transportation entity” means a
Federal, State, county, or municipal government, an independent State
authority, or a statutorily authorized public-private partnership program
pursuant to P.L. 2018, c. 90 (N.J.S.A. 40A:11-52 et seq.), that performs a
public roadway or railroad project that includes new construction, expansion,
reconstruction, or improvement of a public roadway or railroad.
“Recharge” means the amount of water from
precipitation that infiltrates into the ground and is not evapotranspired.
“Regulated impervious surface” means any
of the following, alone or in combination:
1.
A
net increase of impervious surface;
2.
The
total area of impervious surface collected by a new stormwater conveyance
system (for the purpose of this definition, a “new stormwater conveyance
system” is a stormwater conveyance system that is constructed where one did not
exist immediately prior to its construction or an existing system for which a
new discharge location is created);
3.
The
total area of impervious surface proposed to be newly collected by an existing
stormwater conveyance system; and/or
4.
The
total area of impervious surface collected by an existing stormwater conveyance
system where the capacity of that conveyance system is increased.
“Regulated motor vehicle surface” means
any of the following, alone or in combination:
1.
The
total area of motor vehicle surface that is currently receiving water;
2.
A
net increase in motor vehicle surface; and/or quality treatment either by
vegetation or soil, by an existing stormwater management measure, or by
treatment at a wastewater treatment plant, where the water quality treatment
will be modified or removed.
“Sediment” means 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” means the lot or lots upon which a
major development is to occur or has occurred.
“Soil” means all unconsolidated mineral
and organic material of any origin.
“State Development and Redevelopment Plan
Metropolitan Planning Area (PA1)” means 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” is defined as 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” means 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 management BMP” means an
excavation or embankment and related areas designed to retain stormwater
runoff. A stormwater management BMP may
either be normally dry (that is, a detention basin or infiltration system),
retain water in a permanent pool (a retention basin), or be planted mainly with
wetland vegetation (most constructed stormwater wetlands).
“Stormwater management measure” means any
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 non-stormwater discharges into stormwater conveyances.
“Stormwater runoff” means water flow on
the surface of the ground or in storm sewers, resulting from precipitation.
“Stormwater management planning agency”
means a public body authorized by legislation to prepare stormwater management
plans.
“Stormwater management planning area"
means the geographic area for which a stormwater management planning agency is
authorized to prepare stormwater management plans, or a specific portion of
that area identified in a stormwater management plan prepared by that agency.
“Tidal Flood Hazard Area” means a flood
hazard area in which the flood elevation resulting from the two-, 10-, or
100-year storm, as applicable, is governed by tidal flooding from the Atlantic
Ocean. Flooding in a tidal flood hazard
area may be contributed to, or influenced by, stormwater runoff from inland
areas, but the depth of flooding generated by the tidal rise and fall of the
Atlantic Ocean is greater than flooding from any fluvial sources. In some situations, depending upon the extent
of the storm surge from a particular storm event, a flood hazard area may be
tidal in the 100-year storm, but fluvial in more frequent storm events.
“Urban Coordinating Council Empowerment
Neighborhood” means a neighborhood given priority access to State resources
through the New Jersey Redevelopment Authority.
“Urban Enterprise Zones” means 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” is defined as
previously developed portions of areas:
1.
Delineated
on the State Plan Policy Map (SPPM) as the Metropolitan Planning Area (PA1),
Designated Centers, Cores or Nodes;
2.
Designated
as CAFRA Centers, Cores or Nodes;
3.
Designated
as Urban Enterprise Zones; and
4.
Designated
as Urban Coordinating Council Empowerment Neighborhoods.
“Water control structure” means a
structure within, or adjacent to, a water, which intentionally or
coincidentally alters the hydraulic capacity, the flood elevation resulting
from the two-, 10-, or 100-year storm, flood hazard area limit, and/or floodway
limit of the water. Examples of a water control structure may include a bridge,
culvert, dam, embankment, ford (if above grade), retaining wall, and weir.
“Waters of the State” means 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” means an area that
is inundated or saturated by surface water or ground water 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.
Section
III: Design and Performance Standards for
Stormwater Management Measures.
A.
Stormwater
management measures for major development shall be designed to provide erosion
control, groundwater recharge, stormwater runoff quantity control, and stormwater
runoff quality treatment as follows:
1.
The
minimum standards for erosion control are those established under the Soil and
Sediment Control Act, N.J.S.A. 4:24-39 et seq., and implementing rules at N.J.A.C.
2:90.
2.
The
minimum standards for groundwater recharge, stormwater quality, and stormwater
runoff quantity shall be met by incorporating green infrastructure.
B.
The
standards in this ordinance apply only to new major development 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.
Section IV:
Stormwater Management Requirements for Major Development.
A.
The
development shall incorporate a maintenance plan for the stormwater management
measures incorporated into the design of a major development in accordance with
Section X.
B.
Stormwater
management measures shall avoid adverse impacts of concentrated flow on habitat
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
muhlnebergi (bog turtle).
C.
The
following linear development projects are exempt from the groundwater recharge,
stormwater runoff quality, and stormwater runoff quantity requirements of
Section IV.P, Q and R:
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 14 feet, provided that the access is made of permeable material.
D.
A
waiver from strict compliance from the green infrastructure, groundwater
recharge, stormwater runoff quality, and stormwater runoff quantity requirements
of Section IV.O, P, Q and R 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:
1.
The
applicant demonstrates that there is a public need for the project that cannot
be accomplished by any other means;
2.
The
applicant demonstrates through an alternatives analysis, that through the use
of stormwater management measures, the option selected complies with the
requirements of Section IV.O, P, Q and R to the maximum extent practicable;
3.
The
applicant demonstrates that, in order to meet the requirements of Section IV.O,
P, Q and R, existing structures currently in use, such as homes and buildings, would
need to be condemned; and
4.
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
IV.D.3 above within the upstream drainage area of the receiving stream, that
would provide additional opportunities to mitigate the requirements of Section
IV.O, P, Q and R that were not achievable onsite.
E.
Tables
1 through 3 below summarize the ability of stormwater best management practices
identified and described in the New Jersey Stormwater Best ManagementPractices
Manual to satisfy the green infrastructure, groundwater recharge, stormwater
runoff quality and stormwater runoff quantity standards specified in Section
IV.O, P, Q and R. When designed in
accordance with the most current version of the New Jersey Stormwater Best
Management Practices Manual, the stormwater management measures found at N.J.A.C.
7:8-5.2 (f) Tables 5-1, 5-2 and 5-3 and listed below in Tables 1, 2 and 3 are
presumed to be capable of providing stormwater controls for the design and performance
standards as outlined in the tables below.
Upon amendments of the New Jersey Stormwater Best Management Practices
to reflect additions or deletions of BMPs meeting these standards, or changes
in the presumed performance of BMPs designed in accordance with the New Jersey
Stormwater BMP Manual, the Department shall publish in the New Jersey Registers
a notice of administrative change revising the applicable table. The most current version of the BMP Manual
can be found on the Department’s website at:
https://dep.nj.gov/stormwater/bmp-manual/.
F.
Where
the BMP tables in the NJ Stormwater Management Rule are different due to updates
or amendments with the tables in this ordinance the BMP Tables in the Stormwater
Management rule at N.J.A.C. 7:8-5.2(f) shall take precedence.
|
Table 1 Green
Infrastructure BMPs for Groundwater Recharge, Stormwater Runoff Quality,
and/or Stormwater Runoff Quantity |
||||
|
Best
Management Practice |
Stormwater Runoff Quality TSS Removal Rate (percent) |
Stormwater
Runoff Quantity |
Groundwater
Recharge |
Minimum
Separation from Seasonal High Water Table (feet) |
|
Cistern |
0 |
Yes |
No |
-- |
|
Dry Well(a) |
0 |
No |
Yes |
2 |
|
Grass
Swale |
50 or less |
No |
No |
2(e) 1(f) |
|
Green Roof |
0 |
Yes |
No |
-- |
|
Manufactured
Treatment Device(a) (g) |
50 or 80 |
No |
No |
Dependent
upon the device |
|
Pervious
Paving System(a) |
80 |
Yes |
Yes(b) No(c) |
2(b) 1(c) |
|
Small-Scale
Bioretention Basin(a) |
80 or 90 |
Yes |
Yes(b) No(c) |
2(b) 1(c) |
|
Small-Scale
Infiltration Basin(a) |
80 |
Yes |
Yes |
2 |
|
Small-Scale
Sand Filter |
80 |
Yes |
Yes |
2 |
|
Vegetative
Filter Strip |
60-80 |
No |
No |
-- |
(Notes
corresponding to annotations (a) through (g) are found on Page
14)
|
Table 2 Green Infrastructure
BMPs for Stormwater Runoff Quantity (or for Groundwater
Recharge and/or Stormwater Runoff Quality with a Waiver or
Variance from N.J.A.C. 7:8-5.3) |
||||
|
Best Management
Practice |
Stormwater
Runoff Quality TSS
Removal Rate (percent) |
Stormwater Runoff Quantity |
Groundwater
Recharge |
Minimum Separation
from Seasonal High Water
Table (feet) |
|
Bioretention System |
80 or 90 |
Yes |
Yes(b) No(c) |
2(b) 1(c) |
|
Infiltration Basin |
80 |
Yes |
Yes |
2 |
|
Sand Filter(b) |
80 |
Yes |
Yes |
2 |
|
Standard Constructed
Wetland |
90 |
Yes |
No |
N/A |
|
Wet Pond(d) |
50-90 |
Yes |
No |
N/A |
(Notes
corresponding to annotations (b) through (d) are found on Page
14)
|
Table 3 BMPs for Groundwater
Recharge, Stormwater Runoff Quality, and/or Stormwater Runoff Quantity only with a Waiver or
Variance from N.J.A.C. 7:8-5.3 |
||||
|
Best Management
Practice |
Stormwater
Runoff Quality TSS
Removal Rate (percent) |
Stormwater Runoff Quantity |
Groundwater
Recharge |
Minimum Separation
from Seasonal High Water
Table (feet) |
|
Blue Roof |
0 |
Yes |
No |
N/A |
|
Extended Detention Basin |
40-60 |
Yes |
No |
1 |
|
Manufactured Treatment Device(h) |
50
or 80 |
No |
No |
Dependent upon
the device |
|
Sand Filter(c) |
80 |
Yes |
No |
1 |
|
Subsurface Gravel Wetland |
90 |
No |
No |
1 |
|
Wet Pond |
50-90 |
Yes |
No |
N/A |
(Notes
corresponding to annotations (b) through (d) are found on Page
14)
Notes to
Tables 1, 2, and 3:
(a) subject to the applicable
contributory drainage area limitation specified at Section IV.O.2;
(b) designed to infiltrate into the subsoil;
(c) designed with underdrains;
(d) designed to maintain at least
a 10-foot wide area of native vegetation
along at least fifty percent
(50%) of the shoreline and to include a
stormwater runoff retention
component designed to capture stormwater
runoff for beneficial reuse,
such as irrigation;
(e) designed with a slope of less than two
percent (2%);
(f) designed with a slope of equal to or greater
than two percent (2%);
(g) manufactured treatment
devices that meet the definition of green
infrastructure at Section
II;
(h) manufactured treatment devices that
do not meet the definition of green
infrastructure at Section
II.
G.
An
alternative stormwater management measure, alternative removal rate, and/or
alternative method to calculate the removal rate may be used if the design
engineer demonstrates the capability of the proposed alternative stormwater
management measure and/or the validity of the alternative rate or method to the
municipality. A copy of any approved
alternative stormwater management measure, alternative removal rate, and/or
alternative method to calculate the removal rate shall be provided to the
Department in accordance with Section VI.B.
Alternative stormwater management measures may be used to satisfy the
requirements at Section IV.O only if the measures meet the definition of “green
infrastructure” in Section II.
Alternative stormwater management measures that function in a similar
manner to a BMP listed at Section O.2 are subject to the contributory drainage
area limitation specified at Section O.2 for that similarly functioning
BMP. Alternative stormwater management
measures approved in accordance with this subsection that do not function in a
similar manner to any BMP listed at Section O.2 shall have a contributory
drainage area less than or equal to 2.5 acres, except for alternative
stormwater management measures that function similarly to cisterns, grass
swales, green roofs, standard constructed wetlands, vegetative filter strips,
and wet ponds, which are not subject to a contributory drainage area
limitation. Alternative measures that
function similarly to standard constructed wetlands or wet ponds shall not be
used for compliance with the stormwater runoff quality standard unless a
variance in accordance with N.J.A.C. 7:8-4.6 or a waiver from strict compliance
in accordance with Section IV.D is granted from Section IV.O.
H.
Whenever
the stormwater management design includes one or more BMPs that will infiltrate
stormwater into subsoil, the design engineer shall assess 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, exacerbating a naturally or seasonally
high water table, so as to cause surficial ponding, flooding of basements, or
interference with the proper operation of subsurface sewage disposal systems or
other subsurface structures within the zone of influence of the groundwater
mound, or interference with the proper functioning of the stormwater management
measure itself.
I.
Design
standards for stormwater management measures are as follows:
1.
Stormwater
management measures shall be designed to take into account the existing site
conditions, 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; and the
presence of solution-prone carbonate rocks (limestone);
2.
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-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 the width of the
diameter of the orifice or one-third the width of the weir, with a minimum
spacing between bars of one inch and a maximum spacing between bars of six
inches. In addition, the design of trash
racks must comply with the requirements of Section VIII.C;
3.
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;
4.
Stormwater
management BMPs shall be designed to meet the minimum safety standards for
stormwater management BMPs at Section VIII; and
5.
The
size of the orifice at the intake to the outlet from the stormwater management
BMP shall be a minimum of two and one-half inches in diameter.
J.
Manufactured
treatment devices may be used to meet the requirements of this subchapter,
provided the pollutant removal rates are verified by the New Jersey Corporation
for Advanced Technology and certified by the Department. Manufactured treatment
devices that do not meet the definition of green infrastructure at Section II
may be used only under the circumstances described at Section IV.O.4.
K.
Any application for a new agricultural development
that meets the definition of major development at Section II shall be submitted
to the Soil Conservation District for review and approval in accordance with
the requirements at Sections IV.O, P, Q and R and any applicable Soil
Conservation District guidelines for stormwater runoff quantity and erosion
control. For purposes of this subsection,
"agricultural development" means 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 manufacture of agriculturally
related products.
L.
If there is more than one drainage area, the
groundwater recharge, stormwater runoff quality, and stormwater runoff quantity
standards at Section IV.P, Q and R shall be met in each drainage area, unless
the runoff from the drainage areas converge onsite and no adverse environmental
impact would occur as a result of compliance with any one or more of the
individual standards being determined utilizing a weighted average of the
results achieved for that individual standard across the affected drainage areas.
M.
Any stormwater management measure authorized under
the municipal stormwater management plan or ordinance shall be reflected in a
deed notice recorded in the Office of the County Clerk. A form of deed notice
shall be submitted to the municipality for approval prior to filing. The deed notice shall contain a description
of the stormwater management measure(s) used to meet the green infrastructure,
groundwater recharge, stormwater runoff quality, and stormwater runoff quantity
standards at Section IV.O, P, Q and R and shall identify the location of the stormwater management measure(s) in NAD 1983
State Plane New Jersey FIPS 2900 US Feet or Latitude and Longitude in decimal
degrees. The deed notice shall also
reference the maintenance plan required to be recorded upon the deed pursuant
to Section X.B.5. Prior to the
commencement of construction, proof that the above required deed notice has
been filed shall be submitted to the municipality. Proof that the required information has been
recorded on the deed shall be in the form of either a copy of the complete
recorded document or a receipt from the clerk or other proof of recordation
provided by the recording office.
However, if the initial proof provided to the municipality is not a copy
of the complete recorded document, a copy of the complete recorded document
shall be provided to the municipality within 180 calendar days of the
authorization granted by the municipality.
N.
A stormwater management measure approved under the
municipal stormwater management plan or ordinance may be altered or replaced
with the approval of the municipality, if the municipality determines that the
proposed alteration or replacement meets the design and performance standards
pursuant to Section IV of this ordinance and provides the same level of
stormwater management as the previously approved stormwater management measure
that is being altered or replaced. If an
alteration or replacement is approved, a revised deed notice shall be submitted
to the municipality for approval and subsequently recorded with the Office of
the County Clerk, and shall contain a description and location of the
stormwater management measure, as well as reference to the maintenance plan, in
accordance with M above. Prior to the
commencement of construction, proof that the above required deed notice has
been filed shall be submitted to the municipality in accordance with M above.
O. Green Infrastructure Standards
1.
This
subsection specifies the types of green infrastructure BMPs that may be used to
satisfy the groundwater recharge, stormwater runoff quality, and stormwater
runoff quantity standards.
2.
To
satisfy the groundwater recharge and stormwater runoff quality standards at
Section IV.P and Q, the design engineer shall utilize green infrastructure BMPs
identified in Table 1 at Section IV.F. and/or an alternative stormwater
management measure approved in accordance with Section IV.G. The following green infrastructure BMPs are
subject to the following maximum contributory drainage area limitations:
|
Best Management Practice |
Maximum Contributory Drainage Area |
|
Dry Well |
1 acre |
|
Manufactured
Treatment Device |
2.5 acres |
|
Pervious
Pavement Systems |
Area
of additional inflow cannot exceed
three times the area occupied
by the BMP |
|
Small-scale
Bioretention Systems |
2.5 acres |
|
Small-scale
Infiltration Basin |
2.5 acres |
|
Small-scale Sand
Filter |
2.5 acres |
3.
To
satisfy the stormwater runoff quantity standards at Section IV.R, the design
engineer shall utilize BMPs from Table 1 or from Table 2 and/or an alternative
stormwater management measure approved in accordance with Section IV.G.
4.
If
a variance in accordance with N.J.A.C. 7:8-4.6 or a waiver from strict
compliance in accordance with Section IV.D is granted from the requirements of
this subsection, then BMPs from Table 1, 2, or 3, and/or an alternative
stormwater management measure approved in accordance with Section IV.G may be
used to meet the groundwater recharge, stormwater runoff quality, and
stormwater runoff quantity standards at Section IV.P, Q and R.
5.
For
separate or combined storm sewer improvement projects, such as sewer
separation, undertaken by a government agency or public utility (for example, a
sewerage company), the requirements of this subsection shall only apply to
areas owned in fee simple by the government agency or utility, and areas within
a right-of-way or easement held or controlled by the government agency or
utility; the entity shall not be required to obtain additional property or
property rights to fully satisfy the requirements of this subsection. Regardless of the amount of area of a separate
or combined storm sewer improvement project subject to the green infrastructure
requirements of this subsection, each project shall fully comply with the
applicable groundwater recharge, stormwater runoff quality control, and
stormwater runoff quantity standards at Section IV.P, Q and R, unless the
project is granted a waiver from strict compliance in accordance with Section
IV.D.
P. Groundwater
Recharge Standards
1.
This
subsection contains the minimum design and performance standards for
groundwater recharge as follows:
2.
The
design engineer shall, using the assumptions and factors for stormwater runoff
and groundwater recharge calculations at Section V, either:
i.
Demonstrate
through hydrologic and hydraulic analysis that the site and its stormwater
management measures maintain one-hundred percent (100%) of the average annual
pre-construction groundwater recharge volume for the site; or
ii.
Demonstrate
through hydrologic and hydraulic analysis that the increase of stormwater
runoff volume from pre-construction to post-construction for the projected 2-year
storm, as defined and determined pursuant to Section V.D of this ordinance is
infiltrated.
3.
This
groundwater recharge requirement does not apply to projects within the “urban
redevelopment area,” or to projects subject to 4 below.
4.
The
following types of stormwater shall not be recharged:
i.
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 approved
pursuant to the Administrative Requirements for the Remediation of Contaminated
Sites rules, N.J.A.C. 7:26C, or Department landfill closure plan and areas; and
areas with high risks for spills of toxic materials, such as gas stations and
vehicle maintenance facilities; and
ii.
Industrial
stormwater exposed to “source material.” “Source material” means any
material(s) or machinery, located at an industrial facility, that is directly
or indirectly related to process, manufacturing or other industrial activities,
which could be a source of pollutants in any industrial stormwater discharge to
groundwater. Source materials include,
but are not limited to, raw materials; intermediate products; final products;
waste 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.
Q.
Stormwater
Runoff Quality Standards
1.
This
subsection contains the minimum design and performance standards to control
stormwater runoff quality impacts of major development. Stormwater runoff
quality standards are applicable when the major development results in an
increase of one-quarter acre or more of regulated motor vehicle surface.
2.
Stormwater
management measures shall be designed to reduce the post-construction load of
total suspended solids (TSS) in stormwater runoff generated from the water
quality design storm as follows:
i.
Eighty
percent (80%) TSS removal of the anticipated load, expressed as an annual
average shall be achieved for the stormwater runoff from the net increase of motor
vehicle surface.
ii.
If
the surface is considered a regulated motor vehicle surface because the water
quality treatment for an area of motor vehicle surface that is currently
receiving water quality treatment either by vegetation or soil, by an existing
stormwater management measure, or by treatment at a wastewater treatment plant
is to be modified or removed, the project shall maintain or increase the
existing TSS removal of the anticipated load expressed as an annual average.
3.
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 Pollutant Discharge Elimination System (NJPDES) rules, N.J.A.C.
7:14A, or in a discharge specifically exempt under a NJPDES permit from this
requirement. Every major development, including any that discharge into a
combined sewer system, shall comply with 2 above, unless the major development
is itself subject to a NJPDES permit with a numeric effluent limitation for TSS
or the NJPDES permit to which the major development is subject exempts the
development from a numeric effluent limitation for TSS.
4.
The
water quality design storm is 1.25 inches of rainfall in two hours. Water quality calculations shall take into
account the distribution of rain from the water quality design storm, as
reflected in Table 4, below. The
calculation of the volume of runoff may take into account the implementation of
stormwater management measures.
Table 4 - Water Quality Design Storm
Distribution
5.
If
more than one BMP in series is necessary to achieve the required eighty percent
(80%) 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 from
application of both BMPs, and
A
= the TSS Percent Removal Rate
applicable to the first BMP
B
= the TSS Percent Removal Rate
applicable to the second BMP.
6.
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
green infrastructure BMPs that optimize nutrient removal while still achieving
the performance standards in Section IV.P, Q and R.
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.
The
Flood Hazard Area Control Act Rules at N.J.A.C. 7:13-4.1(c)1 establish 300-foot
riparian zones along Category One waters, as designated in the Surface Water
Quality Standards at N.J.A.C. 7:9B, and certain upstream tributaries to
Category One waters. A person shall not
undertake a major development that is located within or discharges into a
300-foot riparian zone without prior authorization from the Department under N.J.A.C.
7:13.
9.
Pursuant
to the Flood Hazard Area Control Act Rules at N.J.A.C. 7:13-11.2(j)3.i, runoff
from the water quality design storm that is discharged within a 300-foot
riparian zone shall be treated in accordance with this subsection to reduce the
post-construction load of total suspended solids by ninety-five percent (95%) of
the anticipated load from the developed site, expressed as an annual average.
10.
The
stormwater runoff quality standards do not apply to the construction of one
individual single-family dwelling, provided that it is not part of a larger
development or subdivision that has received preliminary or final site plan
approval prior to December 3, 2018, and that the motor vehicle surfaces are
made of permeable material(s) such as gravel, dirt, and/or shells.
R.
Stormwater Runoff Quantity Standards
1.
This
subsection contains the minimum design and performance standards to control
stormwater runoff quantity impacts of major development.
2.
In
order to control stormwater runoff quantity impacts, the design engineer shall,
using the assumptions and factors for stormwater runoff calculations at Section
V, complete one of the following:
i.
Demonstrate
through hydrologic and hydraulic analysis that for stormwater leaving the site,
post-construction runoff hydrographs for the current and projected 2-, 10-, and
100-year storm events, as defined and determined in Section V.C and D, respectively,
of this ordinance, do not exceed, at any point in time, the pre-construction
runoff hydrographs for the same storm events;
ii.
Demonstrate
through hydrologic and hydraulic analysis that there is no increase, as
compared to the pre-construction condition, in the peak runoff rates of
stormwater leaving the site for the current and projected 2-, 10-, and 100-year
storm events, as defined and determined pursuant to Section V.C and D,
respectively, of this ordinance, 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;
iii.
Design
stormwater management measures so that the post-construction peak runoff rates
for the current and projected 2-, 10-, and 100-year storm events, as defined
and determined in Section V.C and D, respectively, of this ordinance, are 50,
75 and 80 percent, respectively, of the pre-construction peak runoff
rates. 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; or
iv.
In
tidal flood hazard areas, stormwater runoff quantity analysis in accordance
with 2.i, ii and iii above is required unless the design engineer demonstrates
through hydrologic and hydraulic analysis that the increased volume, change in
timing, or increased rate of the stormwater runoff, or any combination of the
three will not result in additional flood damage below the point of discharge
of the major development. No analysis is
required if the stormwater is discharged directly into any ocean, bay, inlet,
or the reach of any watercourse between its confluence with an ocean, bay, or
inlet and downstream of the first water control structure.
3.
The
stormwater runoff quantity standards shall be applied at the site’s boundary to
each abutting lot, roadway, watercourse, or receiving storm sewer system.
Section V:
Calculation of Stormwater Runoff and Groundwater Recharge.
A.
Stormwater runoff shall be
calculated in accordance with the following:
1.
The
design engineer shall calculate runoff using the following method:
The USDA Natural Resources Conservation
Service (NRCS) methodology, including the NRCS Runoff Equation and
Dimensionless Unit Hydrograph, as described in Chapters 7, 9, 10, 15 and 16 Part
630, Hydrology National Engineering Handbook, incorporated herein by
reference as amended and supplemented.
This methodology is additionally described in Technical Release 55 - Urban
Hydrology for Small Watersheds (TR-55), dated June 1986, incorporated
herein by reference as amended and supplemented. Information regarding the methodology is
available from the Natural Resources Conservation Service website at:
https://directives.sc.egov.usda.gov/viewerFS.aspx?hid=21422
or
at United States Department of Agriculture Natural Resources Conservation
Service, New Jersey State Office.
2.
For
the purpose of calculating curve numbers and groundwater recharge, there is a
presumption that the pre-construction condition of a site or portion thereof is
a wooded land use with good hydrologic condition. The term “curve number” applies to the NRCS
methodology above at Section V.A.1. A curve
number 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 years without interruption prior to the time of application. If more than one land cover has existed on
the site during the five 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
computing pre-construction stormwater runoff, the design engineer shall account
for all significant land features and structures, such as ponds, wetlands,
depressions, hedgerows, or culverts, that may reduce pre-construction
stormwater runoff rates and volumes.
4.
In
computing 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. To calculate
runoff from unconnected impervious cover, urban impervious area modifications
as described in the NRCS Technical
Release 55 – Urban Hydrology for Small Watersheds or other methods may be
employed.
5.
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 tailwater in the design of
structural stormwater management measures.
B.
Groundwater recharge may be
calculated in accordance with the following:
The New Jersey Geological Survey Report GSR-32:
A Method for Evaluating
Groundwater-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 the New Jersey Geological Survey website at:
https://www.nj.gov/dep/njgs/pricelst/gsreport/gsr32.pdf
or at New Jersey Geological and Water
Survey, 29 Arctic Parkway, PO Box 420 Mail Code 29-01, Trenton, New Jersey
08625-0420.
C.
The precipitation depths of the
current two-, 10-, and 100-year storm events shall be determined by multiplying
the values determined in accordance with items 1 and 2 below:
1.
The
applicant shall utilize the National Oceanographic and Atmospheric
Administration (NOAA), National Weather Service’s Atlas 14 Point Precipitation
Frequency Estimates: NJ, in accordance
with the location(s) of the drainage area(s) of the site. This data is available at:
https://hdsc.nws.noaa.gov/hdsc/pfds/pfds_map_cont.html?bkmrk=nj; and
2.
The
applicant shall utilize Table 5: Current
Precipitation Adjustment Factors below, which sets forth the applicable
multiplier for the drainage area(s) of the site, in accordance with the county
or counties where the drainage area(s) of the site is located. Where the major development lies in more than
one county, the precipitation values shall be adjusted according to the
percentage of the drainage area in each county.
Alternately, separate rainfall totals can be developed for each county
using the values in the table below.
Table 5: Current Precipitation Adjustment Factors
|
County |
Current Precipitation Adjustment Factors |
||
|
2-year Design Storm |
10-year Design Storm |
100-year Design Storm |
|
|
Atlantic |
1.01 |
1.02 |
1.03 |
|
Bergen |
1.01 |
1.03 |
1.06 |
|
Burlington |
0.99 |
1.01 |
1.04 |
|
Camden |
1.03 |
1.04 |
1.05 |
|
Cape May |
1.03 |
1.03 |
1.04 |
|
Cumberland |
1.03 |
1.03 |
1.01 |
|
Essex |
1.01 |
1.03 |
1.06 |
|
Gloucester |
1.05 |
1.06 |
1.06 |
|
Hudson |
1.03 |
1.05 |
1.09 |
|
Hunterdon |
1.02 |
1.05 |
1.13 |
|
Mercer |
1.01 |
1.02 |
1.04 |
|
Middlesex |
1.00 |
1.01 |
1.03 |
|
Monmouth |
1.00 |
1.01 |
1.02 |
|
Morris |
1.01 |
1.03 |
1.06 |
|
Ocean |
1.00 |
1.01 |
1.03 |
|
Passaic |
1.00 |
1.02 |
1.05 |
|
Salem |
1.02 |
1.03 |
1.03 |
|
Somerset |
1.00 |
1.03 |
1.09 |
|
Sussex |
1.03 |
1.04 |
1.07 |
|
Union |
1.01 |
1.03 |
1.06 |
|
Warren |
1.02 |
1.07 |
1.15 |
D.
Table 6: Future Precipitation Change Factors provided below
sets forth the change factors to be used in determining the projected two-,
10-, and 100-year storm events for use in this chapter, which are organized
alphabetically by county. The
precipitation depth of the projected two-, 10-, and 100-year storm events of a
site shall be determined by multiplying the precipitation depth of the two-,
10-, and 100-year storm events determined from the National Weather Service’s
Atlas 14 Point Precipitation Frequency Estimates pursuant to (c)1 above, by the
change factor in the table below, in accordance with the county or counties
where the drainage area(s) of the site is located. Where the major development and/or its
drainage area lies in more than one county, the precipitation values shall be
adjusted according to the percentage of the drainage area in each county. Alternately, separate rainfall totals can be
developed for each county using the values in the table below.
Table 6:
Future Precipitation Change Factors
|
County |
Future Precipitation Change Factors |
||
|
2-year Design Storm |
10-year Design Storm |
10-year Design Storm |
|
|
Atlantic |
1.22 |
1.24 |
1.39 |
|
Bergen |
1.20 |
1.23 |
1.37 |
|
Burlington |
1.17 |
1.18 |
1.32 |
|
Camden |
1.18 |
1.22 |
1.39 |
|
Cape May |
1.21 |
1.24 |
1.32 |
|
Cumberland |
1.20 |
1.21 |
1.39 |
|
Essex |
1.19 |
1.22 |
1.33 |
|
Gloucester |
1.19 |
1.23 |
1.41 |
|
Hudson |
1.19 |
1.19 |
1.23 |
|
Hunterdon |
1.19 |
1.23 |
1.42 |
|
Mercer |
1.16 |
1.17 |
1.36 |
|
Middlesex |
1.19 |
1.21 |
1.33 |
|
Monmouth |
1.19 |
1.19 |
1.26 |
|
Morris |
1.23 |
1.28 |
1.46 |
|
Ocean |
1.18 |
1.19 |
1.24 |
|
Passaic |
1.21 |
1.27 |
1.50 |
|
Salem |
1.20 |
1.23 |
1.32 |
|
Somerset |
1.19 |
1.24 |
1.48 |
|
Sussex |
1.24 |
1.29 |
1.50 |
|
Union |
1.20 |
1.23 |
1.35 |
|
Warren |
1.20 |
1.25 |
1.37 |
Section VI:
Sources for Technical Guidance.
A.
Technical
guidance for stormwater management measures can be found in the documents
listed below, which are available to download from the Department’s website at:
https://dep.nj.gov/stormwater/bmp-manual/.
1.
Guidelines
for stormwater management measures are contained in the New Jersey Stormwater
Best Management Practices Manual, as amended and supplemented. Information is provided on stormwater
management measures such as, but not limited to, those listed in Tables 1, 2,
and 3.
2.
Additional
maintenance guidance is available on the Department’s website at:
https://dep.nj.gov/stormwater/maintenance-guidance/.
B.
Submissions
required for review by the Department should be mailed to:
The Division of Watershed Protection and
Restoration, New Jersey Department of Environmental Protection, Mail Code 501-02A,
PO Box 420, Trenton, New Jersey 08625-0420.
Section VII:
Solids and Floatable Materials Control Standards.
A. Site design
features identified under Section IV.F above, or alternative designs in accordance with Section IV.G 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 Section
VII.A.2 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:
i.
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
ii.
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 system floors used to
collect stormwater from the surface into a storm drain or surface water body.
iii.
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 A.1. above does not apply:
i.
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;
ii.
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;
iii.
Where
flows from the water quality design storm as specified in N.J.A.C. 7:8 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 (4.625) inches long and one and
one-half (1.5) inches wide (this option does not apply for outfall netting
facilities); or
b.
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).
iv.
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
v.
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.
Section VIII:
Safety Standards for Stormwater Management Basins.
A.
This
section sets forth requirements to protect public safety through the proper
design and operation of stormwater management BMPs. This section applies to any new stormwater
management BMP.
B.
The
provisions of this section are not intended to preempt more stringent municipal
or county safety requirements for new or existing stormwater management
BMPs. Municipal and county stormwater
management plans and ordinances may, pursuant to their authority, require
existing stormwater management BMPs to be retrofitted to meet one or more of
the safety standards in Section VIII.C.1, VIII.C.2, and VIII.C.3 for trash
racks, overflow grates, and escape provisions at outlet structures.
C.
Requirements
for Trash Racks, Overflow Grates and Escape Provisions
1.
A
trash rack is a device designed to catch trash and debris and prevent the
clogging of outlet structures. Trash
racks shall be installed at the intake to the outlet from the Stormwater
management BMP to ensure proper functioning of the BMP outlets in accordance
with the following:
i.
The
trash rack shall have parallel bars, with no greater than six-inch spacing
between the bars;
ii.
The
trash rack shall be designed so as not to adversely affect the hydraulic
performance of the outlet pipe or structure;
iii.
The
average velocity of flow through a clean trash rack is not to exceed 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; and
iv.
The
trash rack shall be constructed of rigid, durable, and corrosion resistant
material and designed to withstand a perpendicular live loading of 300 pounds
per square foot.
2.
An
overflow grate is designed to prevent obstruction of the overflow
structure. If an outlet structure has an
overflow grate, such grate shall meet the following requirements:
i.
The
overflow grate shall be secured to the outlet structure but removable for
emergencies and maintenance.
ii.
The
overflow grate spacing shall be no greater than two inches across the smallest
dimension
iii.
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 300 pounds per square foot.
3.
Stormwater
management BMPs shall include escape provisions as follows:
i.
If
a stormwater management BMP has an outlet structure, escape provisions shall be
incorporated in or on the structure.
Escape provisions include the installation of permanent ladders, steps,
rungs, or other features that provide easily accessible means of egress from
stormwater management BMPs. With the
prior approval of the municipality pursuant to VIII.C, a free-standing outlet
structure may be exempted from this requirement;
ii.
Safety
ledges shall be constructed on the slopes of all new stormwater management BMPs
having a permanent pool of water deeper than two and one-half feet. Safety ledges shall be comprised of two
steps. Each step shall be four to six
feet in width. One step shall be located
approximately two and one-half feet below the permanent water surface, and the
second step shall be located one to one and one-half feet above the permanent
water surface. See VIII.E for an
illustration of safety ledges in a stormwater management BMP; and
iii.
In
new stormwater management BMPs, the maximum interior slope for an earthen dam,
embankment, or berm shall not be steeper than three horizontal to one vertical.
D.
Variance
or Exemption from Safety Standard
A variance or exemption from the safety
standards for stormwater management BMPs may be granted only upon a written
finding by the municipality that the variance or exemption will not constitute
a threat to public safety.
E.
Safety
Ledge Illustration
Elevation View –Basin Safety Ledge
Configuration
Section
IX: Requirements for a Site Development
Stormwater Plan.
A.
Submission
of Site Development Stormwater Plan
1.
Whenever
an applicant seeks municipal approval of a development subject to this
ordinance, the applicant shall submit all of the required components of the
Checklist for the Site Development Stormwater Plan at Section IX.C 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 ordinance.
3.
The
applicant shall submit two (2) copies of the materials listed in the checklist
for site development stormwater plans in accordance with Section IX.C of this
ordinance.
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 ordinance.
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 2-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 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 manmade 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 Sections III through
V are 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:
i.
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.
ii.
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
i.
Comprehensive
hydrologic and hydraulic design calculations for the pre-development and
post-development conditions for the design storms specified in Section IV of
this ordinance.
ii.
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 onsite 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 Section X.
8.
Waiver
from Submission Requirements
The municipal
official or board reviewing an application under this ordinance may, in
consultation with the municipality’s review engineer, waive submission of any
of the requirements in Section IX.C.1 through IX.C.6 of this ordinance 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.
Section X:
Maintenance and Repair.
A.
Applicability
Projects subject to review as in Section
I.C of this ordinance shall comply with the requirements of Section X.B and
X.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.
2.
The
maintenance plan shall contain specific preventative maintenance tasks and
schedules; cost estimates, including estimated cost of sediment, debris, or
trash removal; and the name, address, and telephone number of the person or
persons responsible for preventative and corrective maintenance (including
replacement). The plan shall contain
information on BMP location, design, ownership, maintenance tasks and
frequencies, and other details as specified in Chapter 8 of the NJ BMP Manual,
as well as the tasks specific to the type of BMP, as described in the
applicable chapter containing design specifics.
3.
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.
4.
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.
5.
If
the party responsible for maintenance identified under Section X.B.3 above is
not a public agency, the maintenance plan and any future revisions based on
Section X.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.
6.
Preventative
and corrective maintenance shall be performed to maintain the functional
parameters (storage volume, infiltration rates, inflow/outflow capacity, etc.) 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 non-vegetated linings.
7.
The
party responsible for maintenance identified under Section X.B.3 above shall
perform all of the following requirements:
i.
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;
ii.
evaluate
the effectiveness of the maintenance plan at least once per year and adjust the
plan and the deed as needed; and
iii.
retain
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 Section X.B.6 and B.7 above.
8.
The
requirements of Section X.B.3 and B.4 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.
9.
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.
C.
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.
Section XI: Penalties.
A. 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:
1. Any person who is convicted for
violating the provisions of this Chapter shall be subject to one (1) or more of
the following: a fine of not more than
two thousand ($2,000) dollars, imprisonment for any term not exceeding ninety
(90) days, and/or a period of community service not exceeding ninety (90)
days.
2.
A separate offence or violation shall be deemed to be committed on each
day that a violation occurs or continues.
B.
Responsibility
for Administration. The superintendent
of the department of public works, borough engineer and building department
official shall administer, implement and enforce the provisions of this
Chapter. Any powers granted or duties
imposed upon the superintendent of the department of public works, borough
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 Borough of Bogota
C.
Enforcement
of Penalties and Liens. Should the
applicant/owner fail to take the corrective actions, the Borough of Bogota
shall then have the right to take the available appropriate remedies it deems
necessary to correct the violations, and to assert a lien on the subject
property in an amount equal to the costs of the remedial actions. 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 Borough of Bogota and shall incur legal interest from the
date of recording. The imposition of any
penalty shall not exempt the offender from compliance with the provisions of
this Chapter.
Section XII:
Severability.
Each section,
subsection, sentence, clause and phrase of this Ordinance is declared to be an
independent section, subsection, sentence, clause and phrase, and the finding
or holding of any such portion of this Ordinance to be unconstitutional, void,
or ineffective for any cause, or reason, shall not affect any other portion of
this Ordinance.
Section XIII: Effective Date.
This Ordinance shall be in full force and
effect from and after its adoption and any publication as required by law.
INTRODUCTION: 03-07-2024
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Councilwoman Kohles |
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Councilman McHale |
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Councilman Mitchell |
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Councilwoman Vergara |
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Councilman Robbins |
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ATTEST: APPROVED:
________________________________ __________________________
Borough Clerk Mayor
I,
Yenlys Flores-Bolivard, Municipal Clerk of the Borough of Bogota, Bergen
County, New Jersey, do hereby certify that the foregoing is a correct and true
copy of an Ordinance adopted by the Borough of Bogota at a meeting held on March 7, 2024.
Borough of Bogota Public Notice for 2024 RFQ's
Borough of Bogota Public Notice 1595
1595
NOTICE OF PENDING BOND ORDINANCE AND SUMMARY
Borough of Bogota Public Notice 1594
In accordance with the Open Public Meetings Act (Chapter 231 P.L. 1975), the regular meetings of the Bogota Public Library Board of Trustees for 2023 will take place at 7:00 p.m. in the Senior Center.
Monday, January 9, 2023
Monday, February 13, 2023
Monday, March 13, 2023
Monday, April 10, 2023
Monday, May 8, 2023
Monday, June 12, 2023
Monday, September 11, 2023
TUESDAY, October 10, 2023
Monday, November 13, 2023
Monday, December 11, 2023
All Board meetings are open to the public.
BOROUGH OF BOGOTA
FAIR AND OPEN
REQUEST FOR QUALIFICATIONS FOR YEAR 2023
I. Notice of Request for Qualifications Statement
The Borough of Bogota (“Borough”) is soliciting qualification statements from interested persons and/or firms for awarding contracts, in year 2023, for the provision of the services listed below, by a Request for Qualification Process (“RFQ”). Individual persons and/or firms interested in assisting the Borough with the provision of these services must prepare and submit a Qualification Statement in accordance with the procedure in the RFQs. The Borough will review Qualification Statements only from those persons or firms that submit a Qualification Statement that includes substantially all the information required to be included as described, in the sole judgment of the Borough’s Mayor and Council.
The Borough intends to qualify person(s) and/or firm(s) that: (a) possess(es) the professional, financial, and administrative familiarity with the Borough, experience, training, and capabilities to provide the proposed services, and (b) agrees and meets the terms and conditions determined by the Borough that provides the greatest benefit to the taxpayers of Bogota.
The selection of qualified respondents is not subject to the public bidding or competitive contracting provisions of the Local Public Contracts Law, NJSA 40A:11-1 et seq. The selection is, however, subject to the fair and open process authorized by the “New Jersey Local Unit Pay to Play” Law, NJSA 19:44A-20.4 et seq. The Borough has structured a procurement process that seeks to obtain the desired results, while establishing a competitive process to assure that each person and/or firm is provided an equal opportunity to submit a Qualification Statement in response to RFQ.
Qualification Statements must be submitted to and be received by Yenlys F. Bolivard, Acting Clerk, at the Office of the Clerk, 375 Larch Avenue, Bogota, N.J. 07603, on or before 12:30 PM on Friday, December 16, 2022, Qualification Statements will not be accepted by facsimile transmission or e-mail. The responses will be opened at 9:00 AM, Tuesday, December 20, 2022, in the Clerk’s office, for review by the Mayor and Council.
Contracts:
Alternate Prosecutor Financial Advisor
Bond Counsel Planning/Zoning Board Attorney
Borough Architect Planning /Zoning Board Engineer
Borough Attorney Public Defender
Borough Auditor Risk Management Consultant
Borough Engineer Software & Hardware Computer Support Svcs.
Borough Labor Attorney Tax Appeal Appraiser
Borough Planner Webmaster
Borough Prosecutor
II. Instructions for Qualifications Statement and Criteria
Two copies of the qualification statement must be submitted in the manner designated in the instructions, and must be enclosed in a sealed envelope bearing name and address of the person and or firm submitting the statement bidder and the name of the work on the outside, addressed to the Borough of Bogota.
Qualification statements shall demonstrate the following:
A. Experience and reputation of the person/firm in the field;
B. Training and licensing of the person/firm;
C. Availability to accommodate the needs of the Borough’s meeting schedule;
D. Knowledge of the Borough’s needs and history and the subject matter to be
addressed under the contract.
and
E. Annual fee or hourly rate for principal and associate employees. And include reduced rate for OPRA request.
The Borough’s Mayor and Council reserve the right to select qualified contractors in their sole discretion, which shall be exercised in accordance with their sole judgment as to the public interest. Those responding to the RFQ are required to comply with the provisions of N.J.S.A. 10:5-31 et seq. and N.J.A.C. 17:27-1 et seq., if applicable.
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BOROUGH OF BOGOTA
The Official Holidays for 2023
Monday-13-February Lincoln’s Birthday
Monday-20-February Presidents’ Day
Friday -7-April Good Friday
Monday-29- May Memorial Day
Monday-19-June Juneteenth
Tuesday-4-July Independence Day
Monday-4- September Labor Day
Monday-9- October Columbus Day
Monday-13- November Veteran’s Day
Thursday-23- November Thanksgiving
Friday-24- November Day after Thanksgiving
Monday-25-December 25 Christmas
Regular Bogota Borough Hall Business Hours are:
- Monday - Thursday 8:30a - 5:15p
- Friday's 8:30a - 12:30p
BOROUGH OF BOGOTA
Schedule of Council Meeting for 2023
In the Second Floor Senior Center
-19 January
-2-February, 16-February, 23-February (Budget meeting)
-2-March, 16-March
-6-April, 20-April
-4-May, 18-May
-8-June, 29-June
-13-July
-15-August
-7-September, 21-September
-5-October, 19-October
-9-November**(NJLOM State Convention)
-2-December* (Fire Chief’s Annual Selection Meeting at 7:00p)
-7-December 21-December
