* A G E N D A *
April 26, 2006
7:30 P.M.
Regular Meeting of the Mayor and Council of the Borough of Englishtown, 15 Main Street, Englishtown, New Jersey 07726.
1. Meeting Called to Order and Roll Call
2. Statement of Compliance with Sunshine Law
3. Moment of Silence and Salute to the Flag
4. Approval of Minutes: February 8, 2006
5. Committee Reports
6. Correspondence
7. Open Public Portion/Limited to Agenda Items Only
Limited to Five (5) Minutes per citizen to be determined at Borough
Council's discretion. Any and all situations regarding Borough
Personnel, when names are implied or mentioned, are to be brought
to the full attention of the Council through an appointment and
subsequent disclosure through the Personnel Committee.
8. Public Hearing on 2006 Municipal Budget
9. New Business:
A. Ordinance No. 2006-06 – First Reading and Introduction
Ordinance Adding Chapter 2.52 of the Borough Code
“Illicit Connection”
B. Ordinance No. 2006-07 – First Reading and Introduction
Ordinance Adding Chapter 2.54 of the Borough Code
“Municipal Stormwater Control”
C. Ordinance No. 2006-08 – First Reading and Introduction
Ordinance Amending Chapter 2.55 of the Borough Code
“Animal Control Regulations/Pet Waste”
D. Ordinance No. 2006-09 – First Reading and Introduction
Ordinance Amending Chapter 2.55 of the Borough Code
“Animal Control Regulations/Wildlife Feeding”
E. Ordinance No. 2006-10 – First Reading and Introduction
Ordinance Amending Chapter 2.57 of the Borough Code
“Brush, Trash & Debris/Yard Waste”
F. Ordinance No. 2006-11 – First Reading and Introduction
Ordinance Amending Chapter 2.89 of the Borough Code
“Littering”
G. Ordinance No. 2006-12 – First Reading and Introduction
Ordinance Amending Chapter 2.109 of the Borough Code
“Site Plan Review”
H. Ordinance No. 2006-13 – First Reading and Introduction
Ordinance Amending Chapter 2.115 of the Borough Code
“Subdivision of Land”
I. Resolution No. 2006– 075
Resolution Supporting A-1425 on Cap Law Relief
Emergency Temporary Appropriations
Resolution Authorizing Payment of Borough Bills
10. Tax Collector’s Report – March 2006
11. Public Portion
Limited to Five (5) Minutes per citizen to be determined at Borough
Council's discretion. Any and all situations regarding Borough
Personnel, when names are implied or mentioned, are to be brought
to the full attention of the Council through an appointment and
subsequent disclosure through the Personnel Committee.
12. Executive Session
13. Adjournment
The meeting was called to order by Mayor Reynolds at 7:30 P.M.
Roll Call: Present: C/Soden, C/Rucker, C/Simon, C/Palmieri, C/Carr, C/Robilotti
Absent: None
Also present were Julie Martin, Municipal Clerk, Rhoda Overgard, Deputy Municipal Clerk, Laurie Finger, CFO/Borough Administrator and Stuart J. Moskovitz, Borough Attorney.
Mayor Reynolds stated pursuant to N.J.S.A. 10 4-6 notification of this meeting has been (1) Published in the Asbury Park Press and Home News and the News Transcript the Official Newspapers of the Borough, (2) Posted to the Public at Borough Hall, (3) Copy has been filed with the Municipal Clerk, (4) Copy of this agenda and the Sunshine Statement has been filed with the Mayor and Council. Thus this meeting tonight is deemed in compliance with the Open Public Meetings Act.
There was a moment of silence and salute to the flag.
There being no corrections, deletions or additions, a motion to approve the Minutes of February 8, 2006 was offered by C/Rucker and seconded by C/Simon. Passed on the following roll call:
Roll Call: Ayes: C/Soden, C/Rucker, C/Simon, C/Palmieri, C/Carr, C/Robilotti
Nays: None
Absent: None
Abstain: None
C/Palmieri states I spoke with Jim Mastrokalos, Water Superintendent and Celia Hecht, W/S Clerk and the situation with the discrepancy in billing was found due to the new software we have, thanks to Ms. Finger. We were able to break it down and look at it more closely. Hopefully going forward these problems would be rectified immediately.
C/Robilotti states the Easter Egg Hunt was very successful. We had a fantastic crowd, everyone had a good time and I got a lot of positive feedback. I want to extend a special thank you to Four Boys for their generosity of coupons and Russ Teddy Bear for their generosity of stuffed animal donations and The Englishtown Police Dept for donating PBA T-shirts that we raffled off. A special thank you also to Rob in the Public Works Dept for helping us out and also thank you to Lynn Strong for escorting the bunny. The trash to treasure sale had to be cancelled because we did not have a good response. We will try again next year and advertise more for it so hopefully we get a better response.
C/Soden states to address Ms. Heath’s comment at the last meeting, a letter was sent to the County from our engineer with our concerns about the 40 mph speed limit.
C/Carr reads correspondence from Martin Birbaum on the Livable Communities Grant Application. C/Carr states I received a letter from Tom Herits about Randy Gottesman’s contract. I assume we need to discuss this in Executive Session since its contractual. I spoke to Rick Guffanti, DPW Supervisor today and he is contacting the County Work Crew since he had some questions. I told him it’s a popular program and if he doesn’t get in now he might not get it, so he is going to follow through with that.
C/Simon states the police activity report from 4/10 – 4/23 there were 244 calls and 45 motor vehicle stops and 159 routine calls for service.
C/Simon directs the question to Officer Peter Cooke.
Pete Cooke replies our morale is low understandably with two officers down and no contract. In three months I have worked the amount of overtime that I worked all of last year.
Mayor Reynolds opens the floor to the public for discussion limited to agenda items only.
Joyce Stipple states I was happy to hear C/Palmieri’s committee report. Have you received any recommendations from the auditor as to things you could of done to the Water Department?
Mayor Reynolds states, I spoke to Gene Farrell on Monday and he has no problem coming in to give an overview of the water dept so we set up everything he will come in and give a presentation.
Joyce Stipple states the audits over the last few years has he given you any recommendations.
Mayor Reynolds states no there were recommendations but nothing with the water at all.
Paula Kuchinski states after looking at the 2006 proposed Municipal Budget I couldn’t see the raises for the employees. I called C/Soden and C/Carr and they also said they didn’t see any raises for the employees. In my opinion it seems unfair not to give the employees a raise and in most towns they received 3.5% this year. Could someone tell me about this? I suggest as I already talked to C/Soden and C/Carr about, putting into place a performance raise program. I feel 3.5% across the board is not fair to some employees because some make more money. Off the top of my head a 3-cent an hour raise across the board would be fair. I’m asking council, because no one seems to see a raise in the budget, excluding police. I’m excluding police from this entirely. I want to know if starting this year if Mayor and Council would agree to a performance/merit raise budget for the employees and not wait until next year.
Mayor Reynolds responds we had a proposal to come in and put in job descriptions with an evaluative process, which was being worked on by C/Soden and Jayne Gallagher. To have a performance/merit raise you would have to have that all in place. To start that in the middle of the year would be a hard thing to do.
C/Carr states the job descriptions are in place aren’t they?
Mayor Reynolds states yes.
Paula Kuchinski states I do not understand. Am I not seeing it or are you not giving it? You are introducing the budget tonight.
Laurie Finger responds on sheet 17 there is a new line item entitled salary and wage adjustment for $52,500.00. That is a lump sum number that was put into the budget for all employees including the PBA. We will not know what the raises are yet until the PBA contract is settled.
C/Carr asks what does $52,500.00 come out to per person? How did you come out with that number? I sat through all the budget workshops and we never had a discussion about salary raises in the time I was there ever. I’m not introducing a budget with a salary raise that I’m not aware of nor do I know what it is. Do you know what it is?
Laurie Finger states I know what it is but I don’t know if I’m at liberty to disclose….
C/Carr states well if you can’t disclose it I say I’m not introducing a budget that you can’t disclose what it is.
Julie Martin states C/Carr the budget was already introduced back in February this is the public hearing on the budget.
Stuart Moskovitz, Borough Attorney instructs Laurie Finger that she can discuss the $52,500.00 with one exception and that is if you have an element in their for the PBA, since that is currently in litigation it would be a problem to disclose that.
Paula Kuchinski states in my question I said excluding the police department. What is the secret? Is there a raise in the budget or not?
Stuart Moskovitz states what Laurie Finger is saying is there is a $52,500.00 element in the budget, which includes raises for the police and all other employees. That is a general number put in there because at the moment there is no definitive determination as to what the raises are going.
Paula Kuchinski states for the police department or everyone else?
Stuart Moskovitz states you can’t decide what you’re going to do for everyone else until you know what kind of pot you have to work with for everybody else. If the police for example get a $500,000 raise – hypothetically speaking, my guess is going to be that there will be absolutely nothing in there for the other employees. The other extreme is if the police get no raise – which is also not going to happen – then there is $52,500 to be distributed between everyone. The answer when you say “other than the police” the answer is nobody know.
C/Carr asks how and who came up with $52,000?
C/Palmieri states because you allocate every year when you are doing a budget you allocate a certain percentage.
C/Carr asks what percentage did we allocate?
C/Palmieri states I don’t know.
Laurie Finger states I allocated 5% of last year’s salaries.
C/Carr asks how did you determine to do that when we never had a discussion about it.
C/Palmieri states because it’s a normal process when creating a budget.
Mayor Reynolds states the money that was allocated for raises is all contingent upon all the other factors of the revenue. We have to go Trenton for our CAP Waiver and we also have to find out if we get the extraordinary aid. All those numbers would affect the budget.
There being no further questions or comments, a motion to close the public portion was offered by C/Soden and seconded by C/Simon. Passed unanimously.
Mayor Reynolds opens the public hearing to the public for any questions or comments on the 2006 Municipal Budget.
Laurie Finger reads a statement into record: The 2006 Budget was introduced on March 22nd in the amount of $1,932,691.00, which is $16,684.00 lower than the 2005 budget. We did lose approximately $100,000 in revenue and the Borough had to increase the tax rate by 9 cents. We did apply for extraordinary aid in the amount of $102,000 and if we received this amount that we requested there will be no increase to the taxpayers. The award will be made sometime in late June and it is my recommendation to council tonight not to adopt the budget until we hear from the State about any aid we will be receiving.
Mayor Reynolds asks the $100,000 reduction, where did that come from?
Laurie Finger responds $50,000 was in receipt from delinquent taxes because we’ve had an excellent tax collection last year and the other $50,000 was a one time revenue that was in the 2005 budget for sale of municipal assets.
Mayor Reynolds states that was for the property we sold.
Mayor Reynolds states the budget is going down $16,000.00 overall from the previous year, with the same state aid, revenues – less the $100,000 Laurie Finger spoke about.
Paul Robilotti, 51 Heritage Drive states I thought when we went over the tax rate, the time C/Soden had suggested we were going to take money from the water and I thought the rate went down to 4% or did I hear that wrong?
C/Soden states no you heard that right. This process….
Mayor Reynolds states if you apply for the extraordinary aid and you’re denied the extraordinary aid you then can go back and take surpluses from the Water Dept. and reduce that. If you don’t do it this way you will not be able to go back and take surplus revenue from the Water or Sewer Dept. That is why it is structured like this.
Paula Kuchinski, Hamilton Street states with the situation from the particular business in the town that did not pay their proper water bill, when that money comes back how much of that is going to reduce our tax rate? We paid taxes on water that was pumped from our well. That money along with salaries came out of our tax dollars. Will it be replaced to the taxpayers through tax relief?
Mayor Reynolds states the issue that we spoke about with the water bill was the taxes paid on the water pumped or was it taxes….
Laurie Finger states taxes are paid on the water that’s billed not pumped.
Mayor Reynolds states that is the accurate statement so there was no additional charge to the taxpayers.
Paula Kuchinski states yes there was because a lot of salaries are taken in part of the water bill, the water department, which means if you didn’t have that money coming in to pay their salaries it came from my tax dollars.
Mayor Reynolds states no it did not. The water money that comes in is above and beyond what was allocated into the budget and goes into surplus in the water department.
Paula Kuchinski asks how much surplus can you have in the water department.
Mayor Reynolds responds I will have Laurie Finger look into that and get back to you at the next meeting.
Stuart Moskovitz, Borough Attorney states the amount that we are asking to be reimbursed would not have impacted any budget decisions made. What the Mayor is saying in respect to the water department, you know you’re going to anticipate certain expenses and certain expenses are going to be allocated to the salaries of the people involved in the water department. The $79,000 that is being talked about is over a period of years, not over one year. I don’t want to say it’s not a significant amount of money but it’s not significant in terms of framing your budget. It would not have changed any salaries, tax rates. Divided over the 3 or 4 years that we are talking about, you would never have made any decision based on getting that extra money. As the Mayor said it really would of gone back into the surplus.
Discussion continues between Mayor Reynolds, Stuart Moskovitz and Paula Kuchinski.
Jayne Gallagher, McDonald Way asks what is the issue that you are talking about? How could a resident be aware of it if it was only discussed in an Executive Session?
Stuart Moskovitz, Borough Attorney states I don’t have an answer to that. The issue that we are discussing is an under billing for Liberty Manor that we are trying to collect.
Jayne Gallagher states and members of the public were aware of the situation before the Council announced it at a meeting?
Stuart Moskovitz I can’t speak about that.
Paula Kuchinski states I’ll address that. I know people at Liberty Manor and it went around town 100 times over before it even hit the council. I don’t see on the agenda that we are going to have a public hearing on this.
Mayor Reynolds states we have to get together all the people involved. We will do our investigation and we will present to the public our findings.
Paula Kuchinski states that is not what you said and took a vote on.
Stuart Moskovitz, Borough Attorney states I think what the Mayor is suggesting is before you have the public hearing you want to have as much information as you can.
Julie Martin states there was never a consensus to have a public hearing.
Paula Kuchinski asks if everyone on council agrees with the Mayor.
C/Soden, C/Rucker, C/Palmieri state they agree with how the Mayor is handling the situation.
C/Carr states I don’t agree with the Mayor and I assured the public at the last meeting that I would not let this rest until I had answers to all the questions….
C/Soden states and we will get answers to all the questions.
C/Carr states I’m not going to have a conversation with the public or with the council because I’ve turned this over to the prosecutor’s office. I’ve gotten permission to tell you that but I don’t have permission to interfere with his investigation.
Paula Kuchinski states I want to clear the record, C/Carr did you tell me about the Liberty Manor incident?
C/Carr states no.
There being no further questions or comments, a motion to close the 2006 Municipal Budget Public Hearing was offered by C/Rucker and seconded by C/Robilotti. Passed unanimously.
ORDINANCE NO. 2006-06 First Reading & Introduction
ORDINANCE ADDING CHAPTER 2.52
OF THE CODE OF THE BOROUGH OF ENGLISHTOWN ENTITLED
“ILLICIT CONNECTION”
WHEREAS, recent amendments to NJDEP’s stormwater rules (N.J.A.C. 7:8-1.1 et. seq.) require municipal enactment of stormwater control ordinances; and
NOW, THEREFORE, BE IT ORDAINED by the Borough Council of the Borough of Englishtown that the following be added to the Code of the Borough of Englishtown:
CHAPTER 2.52
“ILLICIT CONNECTION”
2.52.01. Purpose:
An ordinance to prohibit illicit connections to the municipal separate storm sewer system(s) operated by the Borough of Englishtown, so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.
2.52.02. 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 corresponding definitions in the New Jersey Pollutant Discharge Elimination System (NJPDES) rules at N.J.A.C. 7:14A-1.2.
a. Domestic sewage - waste and wastewater from humans or household operations.
b. Illicit connection – any physical or non-physical connection that discharges domestic sewage, non-contact cooling water, process wastewater, or other industrial waste (other than stormwater) to the municipal separate storm sewer system operated by the [insert name of municipality], unless that discharge is authorized under a NJPDES permit other than the Tier A Municipal Stormwater General Permit (NJPDES Permit Number NJ0141852). Non-physical connections may include, but are not limited to, leaks, flows, or overflows into the municipal separate storm sewer system.
c. Industrial waste - non-domestic waste, including, but not limited to, those pollutants regulated under Section 307(a), (b), or (c) of the Federal Clean Water Act (33
U.S.C. §1317(a), (b), or (c)).
d. Municipal separate storm sewer system (MS4)– a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains) that is owned or operated by [insert name of municipality] or other public body, and is designed and used for collecting and conveying stormwater.
e. NJPDES permit – a permit issued by the New Jersey Department of Environmental Protection to implement the New Jersey Pollutant Discharge Elimination System (NJPDES) rules at N.J.A.C. 7:14A
f. Non-contact cooling water - water used to reduce temperature for the purpose of cooling. Such waters do not come into direct contact with any raw material, intermediate product (other than heat) or finished product. Non-contact cooling water may however contain algaecides, or biocides to control fouling of equipment such as heat exchangers, and/or corrosion inhibitors.
g. Person – any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.
h. Process wastewater - any water which, during manufacturing or processing, comes into direct contact with or results from the production or use of any raw material, intermediate product, finished product, byproduct, or waste product. Process wastewater includes, but is not limited to, leachate and cooling water other than non-contact cooling water.
i. Stormwater – water resulting from precipitation (including rain and snow) that runs off the land’s surface, is transmitted to the subsurface, is captured by separate storm sewers or other sewerage or drainage facilities, or is conveyed by snow removal equipment.
2.52.03. Prohibited Conduct:
No person shall discharge or cause to be discharged through an illicit connection to the municipal separate storm sewer system operated by the Borough of Englishtown any domestic sewage, non-contact cooling water, process wastewater, or other industrial waste (other than stormwater).
2.52.04. Enforcement:
This ordinance shall be enforced by the Police Department and/or the Code Enforcement Department of the Borough of Englishtown.
2.52.05. Penalties:
Any person(s) who is found to be in violation of the provisions of this ordinance shall be subject to a fine not to exceed five hundred dollars ($500.00) of imprisonment in the County Jail for a period not exceeding ninety (90) day, or both.
2.52.06. 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.
2.52.07. Effective date:
This Ordinance shall be in full force and effect from and after its adoption and any publication as may be required by law.
Offered by: C/Robilotti
Seconded by: C/Soden
Roll Call: Ayes: C/Soden, C/Rucker, C/Simon, C/Palmieri, C/Carr, C/Robilotti
Nays: None
Abstain: None
Absent: None
ORDINANCE NO. 2006-07 First Reading & Introduction
ORDINANCE ADDING CHAPTER 2.54
OF THE CODE OF THE BOROUGH OF ENGLISHTOWN ENTITLED
“MUNICIPAL STORMWATER CONTROL”
WHEREAS, recent amendments to NJDEP’s stormwater rules (N.J.A.C. 7:8-1.1 et. seq.) require municipal enactment of stormwater control ordinances; and
NOW, THEREFORE, BE IT ORDAINED by the Borough Council of the Borough of Englishtown that the following be added to the Code of the Borough of Englishtown:
CHAPTER 2.54
“MUNICIPAL STORMWATER CONTROL ORDINANCE”
2.54.01.Scope and Purpose
A. Policy Statement
Flood control, groundwater recharge, and pollutant reduction through nonstructural or low impact techniques shall be explored before relying on structural BMPs. Structural BMPs should be integrated with nonstructural stormwater management strategies and proper maintenance plans. Nonstructural strategies include both environmentally sensitive site design and source controls that prevent pollutants from being placed on the site or from being exposed to stormwater. Source control plans should be developed based upon physical site conditions and the origin, nature, and the anticipated quantity or amount of potential pollutants. Multiple stormwater management BMPs may be necessary to achieve the established performance standards for water quality, quantity, and groundwater recharge.
B. Purpose
It is the purpose of this ordinance to establish minimum stormwater management requirements and controls for “major development,” as defined in 2.54.02
C. Applicability
1. This ordinance shall be applicable to all site plans and subdivisions for the following major developments that require preliminary or final site plan or subdivision review:
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 Borough of Englishtown.
D. Compatibility with Other Permit and Ordinance Requirements
Development approvals issued for subdivisions and site plans pursuant to this ordinance are to be considered an integral part of development approvals under the subdivision and site plan review process and do not relieve the applicant of the responsibility to secure required permits or approvals for activities regulated by any other applicable code, rule, act, or ordinance. In their interpretation and application, the provisions of this ordinance shall be held to be the minimum requirements for the promotion of the public health, safety, and general welfare. This ordinance 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.
2.54.02. Definitions
Unless specifically defined below, words or phrases used in this ordinance shall be interpreted so as to give them the meaning they have in common usage and to give this ordinance its most reasonable application. The definitions below are the same as or based on the corresponding definitions in the Stormwater Management Rules at N.J.A.C. 7:8-1.2.
“CAFRA Planning Map” means the geographic depiction of the boundaries for Coastal Planning Areas, CAFRA Centers, CAFRA Cores and CAFRA Nodes pursuant to N.J.A.C. 7:7E-5B.3.
“CAFRA Centers, Cores or Nodes” means those areas within boundaries accepted by the Department pursuant to N.J.A.C. 7:8E-5B.
“Compaction” means the increase in soil bulk density.
“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 County Board of Chosen Freeholders to review municipal stormwater management plans and implementing ordinance(s). The county review agency may either be:
A county planning agency; or
A county water resource association created under N.J.S.A 58:16A-55.5, if the ordinance or resolution delegates authority to approve, conditionally approve, or disapprove municipal stormwater management plans and implementing ordinances.
“Department” means the New Jersey 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 enlargement of any building or structure, any mining excavation or landfill, and any use or change in the use of any building or other structure, or land or extension of use of land, by any person, for which permission is required under the Municipal Land Use Law , N.J.S.A. 40:55D-1 et seq. In the case of development of agricultural lands, development 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.
“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 critical areas” means an area or feature which is of significant environmental value, including but not limited to: stream corridors; natural heritage priority sites; habitat of endangered or threatened species; large areas of contiguous open space or upland forest; steep slopes; and well head protection and groundwater recharge areas. Habitats of endangered or threatened species are identified using the Department’s Landscape Project as approved by the Department’s Endangered and Nongame Species Program.
“Empowerment Neighborhood” means a neighborhood designated by the Urban Coordinating Council “in consultation and conjunction with” the New Jersey Redevelopment Authority pursuant to N.J.S.A 55:19-69.
“Erosion” means the detachment and movement of soil or rock fragments by water, wind, ice or gravity.
“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.
“Major development” means any “development” that provides for ultimately disturbing one or more acres of land. Disturbance for the purpose of this rule is the placement of impervious surface or exposure and/or movement of soil or bedrock or clearing, cutting, or removing of vegetation.
“Municipality” means any city, Borough, town, Borough, or village.
“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, [insert name of municipality], or political subdivision of this State subject to municipal jurisdiction pursuant to the Municipal Land Use Law , N.J.S.A. 40:55D-1 et seq.
“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.
“Recharge” means the amount of water from precipitation that infiltrates into the ground and is not evapotranspired.
“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 runoff” means water flow on the surface of the ground or in storm sewers, resulting from precipitation.
“Stormwater management basin” means an excavation or embankment and related areas designed to retain stormwater runoff. A stormwater management basin may either be normally dry (that is, a detention basin or infiltration basin), retain water in a permanent pool (a retention basin), or be planted mainly with wetland vegetation (most constructed stormwater wetlands).
“Stormwater management measure” means any structural or nonstructural strategy, practice, technology, process, program, or other method intended to control or reduce stormwater runoff and associated pollutants, or to induce or control the infiltration or groundwater recharge of stormwater or to eliminate illicit or illegal non-stormwater discharges into stormwater conveyances.
“Tidal Flood Hazard Area” means a flood hazard area, which may be influenced by stormwater runoff from inland areas, but which is primarily caused by the Atlantic Ocean.
“Urban Coordinating Council Empowerment Neighborhood” 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.
“Waters of the State” means the ocean and its estuaries, all springs, streams, wetlands, and bodies of surface or ground water, whether natural or artificial, within the boundaries of the State of New Jersey or subject to its jurisdiction.
“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.
2.54.03. General Standards
A. Design and Performance Standards for Stormwater Management Measures
1. Stormwater management measures for major development shall be developed to meet the erosion control, groundwater recharge, stormwater runoff quantity, and stormwater runoff quality standards in Section 2.54.04. To the maximum extent practicable, these standards shall be met by incorporating nonstructural stormwater management strategies into the design. If these strategies alone are not sufficient to meet these standards, structural stormwater management measures necessary to meet these standards shall be incorporated into the design.
2. 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.
2.54.04. 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 2.54.10.
B. Stormwater management measures shall avoid adverse impacts of concentrated flow on habitat for threatened and endangered species as documented in the Department’ 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 quantity, and stormwater runoff quality requirements of Sections 2.54.04.F and 2.54.04.G:
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 groundwater recharge, stormwater runoff quantity, and stormwater runoff quality requirements of Sections 2.54.04.F and 2.54.04.G 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 nonstructural and structural stormwater management strategies and measures, the option selected complies with the requirements of Sections 2.54.04.F and 2.54.04.G to the maximum extent practicable;
3. The applicant demonstrates that, in order to meet the requirements of Sections 2.54.04.F and 2.54.04.G, 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 D.3 above within the upstream drainage area of the receiving stream, that would provide additional opportunities to mitigate the requirements of Sections 2.54.04.F and 2.54.04.G that were not achievable on-site.
E. Nonstructural Stormwater Management Strategies
1. To the maximum extent practicable, the standards in Section 2.54.04.F and Section 2.54.04.G shall be met by incorporating nonstructural stormwater management strategies set forth at Section 2.54.04.E into the design. The applicant shall identify the nonstructural measures incorporated into the design of the project. If the applicant contends that it is not feasible for engineering, environmental, or safety reasons to incorporate any nonstructural stormwater management measures identified in Paragraph 2 below into the design of a particular project, the applicant shall identify the strategy considered and provide a basis for the contention.
2. Nonstructural stormwater management strategies incorporated into site design shall:
a. Protect areas that provide water quality benefits or areas particularly susceptible to erosion and sediment loss;
b. Minimize impervious surfaces and break up or disconnect the flow of runoff over impervious surfaces;
c. Maximize the protection of natural drainage features and vegetation;
d. Minimize the decrease in the "time of concentration” from pre-construction to post construction. "Time of concentration" is defined as the time it takes for runoff to travel from the hydraulically most distant point of the watershed to the point of interest within a watershed;
e. Minimize land disturbance including clearing and grading;
f. Minimize soil compaction;
g. Provide low-maintenance landscaping that encourages retention and planting of native vegetation and minimizes the use of lawns, fertilizers and pesticides;
h. Provide vegetated open-channel conveyance systems discharging into and through stable vegetated areas;
i. Provide other source controls to prevent or minimize the use or exposure of pollutants at the site, in order to prevent or minimize the release of those pollutants into stormwater runoff. Such source controls include, but are not limited to:
(1) Site design features that help to prevent accumulation of trash and debris in drainage systems, including features that satisfy Section 2.54.04.E.3. below;
(2) Site design features that help to prevent discharge of trash and debris from drainage systems;
(3) Site design features that help to prevent and/or contain spills or other harmful accumulations of pollutants at industrial or commercial developments; and
(4) When establishing vegetation after land disturbance, applying fertilizer in accordance with the requirements established under the Soil Erosion and Sediment Control Act, N.J.S.A. 4:24-39 et seq., and implementing rules.
3. Site design features identified under Section 2.54.04.E.2.i.(2) above 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 2.54.04.E.3.c below.
a. Design engineers shall use either of the following grates whenever they use a grate in pavement or another ground surface to collect stormwater from that surface into a storm drain or surface water body under that grate:
(1) The New Jersey Department of Transportation (NJDOT) bicycle safe grate, which is described in Chapter 2.4 of the NJDOT Bicycle Compatible Roadways and Bikeways Planning and Design Guidelines (April 1996); or
(2) A different grate, if each individual clear space in that grate has an area of no more than seven (7.0) square inches, or is no greater than 0.5 inches across the smallest dimension.
Examples of grates subject to this standard include grates in grate inlets, the grate portion (non-curb-opening portion) of combination inlets, grates on storm sewer manholes, ditch grates, trench grates, and grates of spacer bars in slotted drains. Examples of ground surfaces include surfaces of roads (including bridges), driveways, parking areas, bikeways, plazas, sidewalks, lawns, fields, open channels, and stormwater basin floors.
b. Whenever design engineers use a curb-opening inlet, the clear space in that curb opening (or each individual clear space, if the curb opening has two or more clear spaces) shall have an area of no more than seven (7.0) square inches, or be no greater than two (2.0) inches across the smallest dimension.
c. This standard does not apply:
(1) Where the review agency determines that this standard would cause inadequate hydraulic performance that could not practicably be overcome by using additional or larger storm drain inlets that meet these standards;
(2) Where flows from the water quality design storm as specified in Section 2.54.04.G.1 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 inches long and one and one-half inches wide (this option does not apply for outfall netting facilities); or
(b) A bar screen having a bar spacing of 0.5 inches.
(3) Where flows are conveyed through a trash rack that has parallel bars with one-inch (1”) spacing between the bars, to the elevation of the water quality design storm as specified in Section 2.54.04.G.1; or
(4) Where the New Jersey Department of Environmental Protection determines, pursuant to the New Jersey Register of Historic Places Rules at N.J.A.C. 7:4-7.2(c), that action to meet this standard is an undertaking that constitutes an encroachment or will damage or destroy the New Jersey Register listed historic property.
4. Any land area used as a nonstructural stormwater management measure to meet the performance standards in Sections 2.54.04.F and 2.54.04.G shall be dedicated to a government agency, subjected to a conservation restriction filed with the appropriate County Clerk’s office, or subject to an approved equivalent restriction that ensures that measure or an equivalent stormwater management measure approved by the reviewing agency is maintained in perpetuity.
5. Guidance for nonstructural stormwater management strategies is available in the New Jersey Stormwater Best Management Practices Manual. The BMP Manual may be obtained from the address identified in Section 2.54.07, or found on the Department’s website at www.njstormwater.org.
F. Erosion Control, Groundwater Recharge and Runoff Quantity Standards
1. This subsection contains minimum design and performance standards to control erosion, encourage and control infiltration and groundwater recharge, and control stormwater runoff quantity impacts of major development.
a. The minimum design and performance standards for erosion control are those established under the Soil Erosion and Sediment Control Act, N.J.S.A. 4:24-39 et seq. and implementing rules.
b. The minimum design and performance standards for groundwater recharge are as follows:
(1) The design engineer shall, using the assumptions and factors for stormwater runoff and groundwater recharge calculations at Section 2.54.05, either:
(a) Demonstrate through hydrologic and hydraulic analysis that the site and its stormwater management measures maintain 100 percent of the average annual pre-construction groundwater recharge volume for the site; or
(b) Demonstrate through hydrologic and hydraulic analysis that the increase of stormwater runoff volume from pre-construction to post-construction for the 2-year storm is infiltrated.
(2) This groundwater recharge requirement does not apply to projects within the “urban redevelopment area,” or to projects subject to (3) below.
(3) The following types of stormwater shall not be recharged:
(a) Stormwater from areas of high pollutant loading. High pollutant loading areas are areas in industrial and commercial developments where solvents and/or petroleum products are loaded/unloaded, stored, or applied, areas where pesticides are loaded/unloaded or stored; areas where hazardous materials are expected to be present in greater than “reportable quantities” as defined by the United States Environmental Protection Agency (EPA) at 40 CFR 302.4; areas where recharge would be inconsistent with Department approved remedial action work plan or landfill closure plan and areas with high risks for spills of toxic materials, such as gas stations and vehicle maintenance facilities; and
(b) Industrial stormwater exposed to “source material.” “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.
(4) 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 and other subsurface structures in the vicinity or downgradient of the groundwater recharge area.
c. In order to control stormwater runoff quantity impacts, the design engineer shall, using the assumptions and factors for stormwater runoff calculations at Section 2.54.05, complete one of the following:
(1) Demonstrate through hydrologic and hydraulic analysis that for stormwater leaving the site, post-construction runoff hydrographs for the two, 10, and 100-year storm events do not exceed, at any point in time, the pre-construction runoff hydrographs for the same storm events;
(2) 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 two, 10, and 100-year storm events and that the increased volume or change in timing of stormwater runoff will not increase flood damage at or downstream of the site. This analysis shall include the analysis of impacts of existing land uses and projected land uses assuming full development under existing zoning and land use ordinances in the drainage area;
(3) Design stormwater management measures so that the post-construction peak runoff rates for the 2, 10 and 100 year storm events are 50, 75 and 80 percent, respectively, of the 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. The percentages shall not be applied to post-construction stormwater runoff into tidal flood hazard areas if the increased volume of stormwater runoff will not increase flood damages below the point of discharge; or
(4) In tidal flood hazard areas, stormwater runoff quantity analysis in accordance with (1), (2) and (3) above shall only be applied if the increased volume of stormwater runoff could increase flood damages below the point of discharge.
2. Any application for a new agricultural development that meets the definition of major development at Section 2.54.02 shall be submitted to the appropriate Soil Conservation District for review and approval in accordance with the requirements of this section and any applicable Soil Conservation District guidelines for stormwater runoff quantity and erosion control. For the purposes of this section, “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 manufacturing of agriculturally related products.
G. Stormwater Runoff Quality Standards
1. Stormwater management measures shall be designed to reduce the post-construction load of total suspended solids (TSS) in stormwater runoff by 80 percent of the anticipated load from the developed site, expressed as an annual average. Stormwater management measures shall only be required for water quality control if an additional 1/4 acre of impervious surface is being proposed on a development site. The requirement to reduce TSS does not apply to any stormwater runoff in a discharge regulated under a numeric effluent limitation for TSS imposed under the New Jersey Pollution Discharge Elimination System (NJPDES) rules, N.J.A.C. 7:14A, or in a discharge specifically exempt under a NJPDES permit from this requirement. 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 1. The calculation of the volume of runoff may take into account the implementation of non-structural and structural stormwater management measures.
|
Table 1: Water Quality Design Storm Distribution |
|||
|
Time |
Cumulative |
Time |
Cumulative |
|
0 |
0.0000 |
65 |
0.8917 |
|
5 |
0.0083 |
70 |
0.9917 |
|
10 |
0.0166 |
75 |
1.0500 |
|
15 |
0.0250 |
80 |
1.0840 |
|
20 |
0.0500 |
85 |
1.1170 |
|
25 |
0.0750 |
90 |
1.1500 |
|
30 |
0.1000 |
95 |
1.1750 |
|
35 |
0.1330 |
100 |
1.2000 |
|
40 |
0.1660 |
105 |
1.2250 |
|
45 |
0.2000 |
110 |
1.2334 |
|
50 |
0.2583 |
115 |
1.2417 |
|
55 |
0.3583 |
120 |
1.2500 |
|
60 |
|||