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Codes & Documents » Ordinances » Ordinance No. 01-21

Ordinance No. 01-21

Introduced: January 21, 2021
Public Hearing: February 18, 2021
Status: Adopted

An Ordinance Amending Article VIII, Stormwater Control Ordinance, of the Land Development Ordinance of the Township of Randolph

WHEREAS, the Municipal Land Use Law of the State of New Jersey, N.J.S.A. 40:55D-1, et seq. (“MLUL”), grants to municipalities the power to adopt a zoning ordinance relating to the nature and extent of the uses of lands, buildings and structures thereon; and

WHEREAS, the Township of Randolph (“Township”) adopted Article VIII, Stormwater Control Ordinance, of the Land Development Ordinance of the Township of Randolph to reduce the adverse impacts of stormwater runoff resulting from certain development and construction projects; and

WHEREAS, due to recent changes to the Stormwater Rule (N.J.A.C. 7:8 et seq.), it is necessary to revise the Township’s Stormwater Control Ordinance to remain in compliance with permit requirements; and

WHEREAS, the Township desires to amend Article VIII, Stormwater Control Ordinance, of the Land Development Ordinance, to incorporate the revisions required as the result of the recent changes to the Stormwater Rule.

NOW, THEREFORE, BE IT ORDAINED by the Governing Body of the Township of Randolph, County of Morris, State of New Jersey as follows:

SECTION ONE. Article VIII, Stormwater Control Ordinance, of the Land Development Ordinance of the Township of Randolph is hereby deleted in its entirety and replaced by the following:

ARTICLE VIII - STORMWATER CONTROL ORDINANCE

15-95. - PURPOSE

15-95.1. - Policy statement.

  1. 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 measures and proper maintenance plans. Nonstructural measures include both environmentally sensitive site design and source controls that prevent pollutants from being placed on the site. Source control plans should be developed based upon physical site conditions and the origin, nature, and the anticipated loading of potential pollutants. Multiple stormwater management BMPs may be necessary to achieve the established performance standards for water quality, quantity, and groundwater recharge.

15-95.2. - Purpose and goals.

  1. It is the purpose of this ordinance to establish minimum stormwater management requirements and controls for major development.
  2. The goals of the MSWMP are to:
    1. Reduce flood damage, including damage to life and property;
    2. Minimize, to the extent practical, any increase in stormwater runoff from any new development;
    3. Reduce soil erosion from any development or construction project;
    4. Assure the adequacy of existing and proposed culverts and bridges, and other in-stream structures;
    5. Maintain groundwater recharge;
    6. Prevent, to the greatest extent feasible, any increase in nonpoint pollution;
    7. Maintain the integrity of stream channels for their biological functions, as well as for drainage;
    8. Minimize pollutants in stormwater runoff from new and existing development to restore, enhance, and maintain the chemical, physical and biological integrity of the waters of the state, to protect public health, to safeguard fish and aquatic life and scenic and ecological values, and to enhance the domestic, municipal, recreational, industrial and other uses of water; and
    9. Protect public safety throughout the proper design and operation of stormwater basins.

15-95.3. - Applicability.

  1. This ordinance shall be applicable to any minor or major site plan or subdivision that requires Planning Board or Board of Adjustment approval.
  2. This ordinance shall also be applicable to all major developments undertaken by Randolph Township.
  3. This ordinance shall also be applicable to minor developments as defined herein and any major development that does not require subdivision or site plan review.

15-95.4. - Compatibility with other permit and ordinance requirements.

  1. Development approvals issued 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.

15-96. - 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.

All terms in this section shall be defined in the NJDEP Stormwater Rule (N.J.A.C. 7:8, et seq.). The following additional terms are defined for this chapter only.

EXEMPT DEVELOPMENT - Shall mean any development that creates an increase of less than 1,000 square feet of impervious area and disturbs less than 2,500 square feet of land. Further, an exempt development shall not meet the definition of “minor development.”

MINOR DEVELOPMENT - Shall mean any development that results in the creation of an increase of 1,000 square feet or more of impervious area or one that disturbs more than 2,500 square feet of land area. Further, a minor development shall not meet the definition of “major development.”

MAJOR DEVELOPMENT - Shall mean any individual “development,” as well as multiple developments that individually or collectively result in:

  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
  4. A combination of 2 and 3 above that totals an area of one-quarter acre or more. The same surface shall not be counted twice when determining if the combination area equals one quarter acre or more. 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 conditions 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.”

15-97. - GENERAL STANDARDS

15-97.1. - Design and performance standards for stormwater Best Management Practices (BMPs).

  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 this section. To the maximum extent feasible, these standards shall be met by incorporating green infrastructure and 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 are intended to minimize the impact of stormwater runoff on water quality and water quantity in receiving water bodies and maintain groundwater recharge.
  3. Exempt Developments. Any project meeting the definition of “exempt development” shall be exempt from the provisions of this section.
  4. Minor Developments. Minor developments shall be designed to include the following stormwater management measures:
    1. Water Quality. Soil erosion and sediment control measures shall be installed in accordance with the Standards for Soil Erosion and Sediment Control in New Jersey.
    2. Rate/Volume Control. Seepage pits or other infiltration measures shall be provided with a capacity of three (3") inches of runoff for each square foot of new impervious area. Stone used in the infiltration devices shall be two and one-half (2 1/2") inches clean stone and design void ratio of 33% shall be used. The infiltration measures shall be designed with an overflow to the surface which shall be stabilized and directed to an existing stormwater conveyance system or in a manner to keep the overflow on the developed property to the greatest extent feasible. If the new impervious surface is not roof area, an equivalent area of existing roof may be directed to the infiltration system. This shall be permitted where the existing roof is not already directed to infiltration devices.
  5. Major Developments. All major developments shall have their stormwater management designed in accordance with the Residential Site Improvement Standards (RSIS, N.J.A.C. 5:21) and the NJDEP Stormwater Rule (N.J.A.C. 7:8). These standards shall apply to all projects, residential and nonresidential as well as projects by the Township, Board of Education and other agencies subject to review by the Township.

15-97.2. - Drainage area landscaping.

  1. Stormwater management BMPs include detention basins, retention basins, drainage ditches, infiltration and water quality BMPs and swales. Sensitively-designed basins and swales are encouraged to benefit the health, welfare and safety of residents. BMPs shall be integrated in site design as aesthetic landscape features, naturalized wetland areas, or active and passive recreation areas, in addition to their stormwater management function to the extent feasible.
    1. Surface stormwater detention basins and retention basins shall be designed in an organic configuration to blend into the surrounding landscape and imitate a natural depression with an irregular edge to the greatest extent possible.
    2. Access for maintenance and emergencies shall be maintained.
    3. Shade trees (2-21/2 inch caliper) shall be provided within the upper drier portion of detention basins.
    4. Drainage structures such as headwalls, outlet structures, culverts, biofilters, etc. shall be screened with wet-site tolerant plants.
    5. Outlet structures and headwalls shall be provided with a stone or brick veneer when clearly visible from adjoining properties and streets or clearly visible from units within multi-family developments.
    6. The area of retaining walls within stormwater basins are encouraged to increase volume and decrease disturbance to existing vegetation.
    7. Woody vegetation landscaping on detention and retention emergency overflow berms are not permitted unless approved by the Township Engineer.
    8. Water aerators shall be provided within retention basins, when deemed necessary by the Township.

15-98. - WAIVERS AND EXCEPTIONS

  1. Standards for Relief. Waivers from strict compliance with the major development design standards shall only be granted upon showing that meeting the standards would result in an exceptional hardship on the applicant or that the benefits to the public good of the deviation from the standards would outweigh ANY detriments of the deviation. A hardship will not be considered to exist if reasonable reductions in the scope of the project would eliminate the noncompliance.
  2. Mitigation. If the reviewing agency for the project determines that a waiver is appropriate, the applicant must execute a mitigation plan. The scope of the mitigation plan shall be commensurate with the size of the project and the magnitude of the relief required. The mitigation project may be taken from the list of projects in the Municipal Stormwater Management Plan. All mitigation projects are subject to the approval of the Township Engineer.
  3. Reviewing Agency. All applications subject to the review of the Planning Board or Board of Adjustment shall be reviewed by the Board concurrently with subdivision or site plan review. Applications not subject to Land Use Board review shall be reviewed by the Township Engineer.
  4. Appeals. The appeal of the determination of the Township Engineer shall be made in accordance with N.J.S.A. 40:55D-70a.

15-99. - PENALTIES.

Any person who erects, constructs, alters, repairs, converts, maintains, or uses any building, structure or land in violation of this ordinance shall, upon conviction thereof by any court authorized by low to hear and determine the matter, be liable to a fine of not more than one thousand ($1,000.00) dollars, or to imprisonment for a term of not more than ninety (90) days, or both, as such court in its discretion may impose. Each day during or on which a violation occurs or continues shall be deemed a separate offense.

15-100. - EFFECTIVE DATE.

This ordinance shall take effect on March 2, 2021.

15-101. - SEVERABILITY.

If the provisions of any article, section, subsection, paragraph, subdivision, or clause of this ordinance shall be judged invalid by a court of competent jurisdiction, such order of judgment shall not affect or invalidate the remainder of any article, section, subsection, paragraph, subdivision, or clause of this ordinance.

SECTION TWO. All ordinances or parts of ordinances in conflict or inconsistent with any part of this Ordinance are hereby repealed to the extent that they are in such conflict or inconsistent.

SECTION THREE. This Ordinance may be renumbered for codification purposes.

SECTION FOUR. In the event that any section, part or provision of this Ordinance shall be held to be unenforceable or invalid by any court, such holding shall not affect the validity of this Ordinance as a whole, or any part thereof, other than the part so held unenforceable or invalid.

ATTEST

_____________________________
Donna Marie Luciani, Township Clerk

TOWNSHIP OF RANDOLPH

_____________________________
Mark H. Forstenhausler, Mayor

LEGAL NOTICE
TOWNSHIP OF RANDOLPH, COUNTY OF MORRIS
ORDINANCE NO. 01-21

Notice is hereby given that an Ordinance entitled “An Ordinance Amending Article VIII, Stormwater Control Ordinance, of the Land Development Ordinance of the Township of Randolph” was submitted in writing at a regular meeting of the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, held on January 21, 2021, and was introduced, read by title and passed on first reading. A Statement of Purpose of the Ordinance is contained below. The Governing Body of the Township of Randolph will further consider the Ordinance for second reading and final passage thereof at their regular meeting to be held on February 18, 2021 at 5 p.m. prevailing time, at the Municipal Building, 502 Millbrook Avenue, Randolph, New Jersey 07869, at which time and place a public hearing will be heard thereon by the Governing Body and all parties in interest and citizens shall have an opportunity to be heard concerning said Ordinance.

Statement of Purpose of Ordinance

The purpose of the above Ordinance is to amend Article VIII, Stormwater Control Ordinance, of the Land Development Ordinance of the Township of Randolph to incorporate the revisions required as the result of the recent changes to the Stormwater Rule (N.J.A.C. 7:8 et seq.).

A copy of the full Ordinance is available to any member of the general public, without cost, at the Township of Randolph, Municipal Building, Millbrook Avenue, Randolph, New Jersey, at the Office of the Township Clerk, between the hours of 9:00 a.m. and 4:30 p.m.

_____________________________
Donna Marie Luciani, Township Clerk
Township of Randolph
County of Morris, State of New Jersey

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