Ordinance No. 07-14

Introduced: February 6, 2014
Public Hearing: March 6, 2014
Status: Adopted

An ordinance amending Sections 15-95.3, 15-96 and 15-97.1 of Article VIII, Stormwater Control Ordinance, of the Land Development Ordinance of the Township of Randolph, Morris County, New Jersey

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 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, the Township of Randolph desires to amend Sections 15-95.3, 15-96 and 15-97.1 of the Stormwater Control Ordinance to include regulations governing minor developments that will reduce the adverse impacts of such projects.

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. Section 15-95.3, Applicability, of Article VIII, Stormwater Control Ordinance, of the Land Development Ordinance of the Township of Randolph, Morris County, New Jersey is hereby deleted in its entirety and replaced by the following:

15-95.3. Applicability.

A. This ordinance shall be applicable to any site plan or subdivision that requires preliminary or final approval:

1. Non-residential major development; and

2. Aspects of the residential major developments that are not pre-empted by the Residential Site Improvements Standards at N.J.A.C. 5:21.

B. This ordinance shall also be applicable to all major developments undertaken by Randolph Township.

C. 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.

SECTION TWO. Section 15-96, Definitions, of Article VIII, Stormwater Control Ordinance, of the Land Development Ordinance of the Township of Randolph, Morris County, New Jersey is hereby supplemented and amended by the addition of the following definitions:

Exempt Development—Any development that creates less than 1,000 square feet of new impervious area and disturbs less than 2,500 square feet of land.

Minor Development—Any development that results in the creation of 1,000 square feet or more of new impervious area or one that disturbs 2,500 square feet or more of land area.

SECTION THREE. Section 15-97.1, General Standards, of Article VIII, Stormwater Control Ordinance, of the Land Development Ordinance of the Township of Randolph, Morris County, New Jersey is hereby deleted in its entirety and replaced by the following:

A. 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 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.

B. 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. 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. Such alternative standards shall provide at least as much protection from stormwater-related loss of groundwater recharge, stormwater quantity and water quality impacts of major development projects as would be provided under the standards in this subchapter.

C. All major development, residential and non-residential, shall be designed to comply with the stormwater management requirements of Sections 15-98, 15-99 and 15-100 below.

D. Exempt Developments—Any project meeting the definition of “exempt development” shall be exempt from the provisions of this ordinance.

E. Minor Developments—Minor developments shall be designed to include the following stormwater management measures:

i. 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.

ii. Rate/Volume control—seepage pits or other infiltration measures shall be provided with a capacity of 3" of runoff for each square foot of new impervious area. Stone used in the infiltration devices shall be 2 1/2" clean stone and a 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.

F. Upon review by the Planning and Engineering Departments of a Surface Water Management Plan, the Township Engineer and/or the Planning Director may require alternative Surface Water Management techniques including but not limited to procedures outlined by the Department of Environmental Protection and Energy for Best Management Practices of surface water and storm water. When such a recommendation is made, the applicant shall revise the Surface Water Management Plan to conform to the requirements of the Township Engineer/Planner.

SECTION FOUR. 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 FIVE. This Ordinance may be renumbered for codification purposes.

SECTION SIX. 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.

SECTION SEVEN. This Ordinance shall take effect 20 days after passage and publication as provided by law.

ATTEST

_____________________________
Donna Marie Luciani, Township Clerk

TOWNSHIP OF RANDOLPH

_____________________________
James Loveys, Mayor

LEGAL NOTICE
TOWNSHIP OF RANDOLPH, COUNTY OF MORRIS
ORDINANCE NO. 07-14

Notice is hereby given that an Ordinance entitled “An Ordinance Amending Sections 15-95.3, 15-96 and 15-97.1 of Article VIII, Stormwater Control Ordinance, of the Land Development Ordinance of the Township of Randolph, Morris County, New Jersey” 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 February 6, 2014 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 March 6, 2014 at 7 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 Sections 15-95.3, 15-96 and 15-97.1 of the Stormwater Control Ordinance to include regulations governing minor developments that will reduce the adverse impacts of such projects.

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