2918-25 STORMWATER final 4_1_25.doc.pdf

37 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 § 25-29.12. 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 § 25-29.9c1 through § 25-29.9c6 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. § 25-29.11— Requirements for a Site Development Stormwater Plan – Minor Development A. Submission of Site Development Stormwater Plan 1. Whenever an applicant seeks municipal approval of a minor development subject to this ordinance, the applicant shall submit all the required components of the checklist for the site development stormwater plan at §25-29.11C 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 a complete electronic copy, and three hard copies of the materials listed in the checklist for site development stormwater plans in accordance with §25-29.11C 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 Township Engineer to determine if all the checklist requirements have been satisfied and to determine if the project meets the standards set forth in this article. C. Submission of Minor Development Stormwater Plan The following shall be required: 1. Boundary Survey of the property to scale within 5 years of the proposal;

38 2. Topographic base map. The design engineer shall provide sufficient topographic and location data that shows existing contours, at a scale of no greater than 1” =30’ to allow the Township Engineer to make an appropriate evaluation of the development proposal. The topography and existing conditions must be based on a plan prepared by a NJ licensed surveyor; 3. Project Development Plans. A map at the scale of the topographical base map indicating the location of existing and proposed buildings, proposed contours and other improvements shall be provided; 4. Location of floodplains, wetlands, and water bodies if application is directly within 300 feet of same; 5. Any State Agency Approvals as may be required NJDEP permits, HEPSCD permits; 6. Grading and Drainage/Stormwater Management facilities map 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 discharge; ii. Existing and proposed contours; iii. Existing and proposed spot elevations at building corners, property corners, street gutter line, top of curb, top of depressed curb, top and bottom of wall and around structures; iv. Existing and proposed utility connections to the existing and proposed structures; v. Finished floor, basement/cellar and garage floor elevations; vi. Location of roof leaders; vii. Design and calculations of the proposed stormwater management facility; viii. Details of all stormwater management facility design, during and after construction; ix. Maintenance manual for stormwater facilities in accordance with NJDEP guidelines and BMP manual; 7. Plan required to be signed and sealed by a NJ Licensed Professional such as an architect, engineer and surveyor. D. Calculations Calculations to demonstrate compliance with § 25-29.3 and §25-29.9 of this ordinance Stormwater management control measures for all minor developments shall depend on the hydrologic properties of soils or require certain separation from the seasonal high-water table and a soils report shall be submitted. The soils report shall be based on on-site boring logs or soil pit profiles. The number and location of required soil borings or soil pits shall be

h-water table and a soils report shall be submitted. The soils report shall be based on on-site 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

39 evaluate the suitability and distribution of soils present at the location of the control measure. On a case-by-case basis, the Township Engineer may require a soil evaluation to a be a condition of any approved plan and be completed prior to or during construction and installation of any stormwater management BMP on the site. E. Maintenance and Repair Plan Minor development BMPs shall be operated and maintained in accordance with guidance published and provided by NJDEP Stormwater Best Management Practices. F. Waiver from Submission Requirements The municipal official or board reviewing an application under this article may, in consultation with the Township Engineer, waive submission of any of the requirements in § 25-29.11C(1) through (3) 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. § 25-29.12—Maintenance and Repair: A. Applicability Projects subject to review as in § 25-29.1C of this ordinance shall comply with the requirements of § 25-29.12B and 12C. 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.

40 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 the maintenance required. 5. If the party responsible for maintenance identified under § 25-29.12B3 above is not a public agency, the maintenance plan and any future revisions based on § 25-29.12B7 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 § 25-29.12B3 above shall perform all 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 § 25-29.12B6 and 12B7 above. iv. Submit to the Township every May 1, an annual maintenance report, including all preventative and corrective maintenance for the structural stormwater management measures incorporated into the design and of the development. v. Post a two-year maintenance guarantee in accordance with N.J.S.A. 49:55D- 53. This person must develop a written maintenance and

gement measures incorporated into the design and of the development. v. Post a two-year maintenance guarantee in accordance with N.J.S.A. 49:55D- 53. This person must develop a written maintenance and inspection program to be approved by the Township of West Orange. 8. The requirements of § 25-29.12B3 and 12B4 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. Note: It may be appropriate to delete requirements in the maintenance and repair plan that are not applicable if the ordinance requires the facility to be dedicated to the municipality. If the municipality does not want to take this responsibility, the

41 ordinance should require the posting of a two-year maintenance guarantee in accordance with N.J.S.A. 40:55D-53. Maintenance and inspection guidance can be found on the Department’s website at: https://dep.nj.gov/stormwater/maintenance-guidance/. 9. If the stormwater management facility becomes a danger to public safety or public health, or if it needs 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 §25-29.13— Stormwater License and Inspection Requirements for Major Developments Only. A. All stormwater management facilities are to be maintained by the responsible party or homeowner association in accordance with the approved maintenance plan. B. All stormwater management facilities for major developments are required to obtain a Stormwater Maintenance Permit from the Engineering Department after approval from the appropriate land use board has been obtained. C. The annual fee for the Stormwater Maintenance Permit shall be listed in the West Orange Fee Resolution D. The Stormwater Maintenance Permit shall be renewed each year, no later than January 1st. E. A detailed inspection and maintenance report shall be submitted annually no later than January 1st to the Engineering Department. The fee for every review by the engineer shall set by Resolution. F. The inspection and maintenance report shall include and not be limited to: 1. Stormwater inlets and manholes 2. Detention basin outflow structures 3. Trash racks and overflow grates 4. Vegetation 5. Embankment erosion control 6. Sediment removal and pond maintenance

42 7. Mechanical Treatment Devices utilizing filter shall have a record of replacement as per the manufacturer’s specifications 8. Green Infrastructure measures including condition of all plans G. The inspection report shall include copies of photographs depicting the conditions of the BMPs. §25.29.14—Fees: Major and Minor developments that are part of a Land Use Board application process shall file a stormwater permit application with the associated application fee set by Resolution. All professional reviews shall be paid for through the escrow associated with the stormwater permit application. For projects, both major and minor that are not part of a Land Use Board application, these same fees shall apply according to fees set by Resolution. §25.29.15—Penalties: 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: § 25-59, Penalties—General §25.29.16—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. §25.29.17—Repealer: All other ordinances or parts of ordinances inconsistent with this section are hereby repealed. If any two or more regulations contained within the Zoning Ordinance appear to or do conflict, the most restrictive regulation shall apply. §25.29.18—Effective Date: This Ordinance shall be in full force and effect from and after its adoption and any publication as required by law. Deleted: ¶ ¶

43 SUSAN MCCARTNEY, MAYOR JOE KRAKOVIAK, COUNCIL PRESIDENT KAREN J. CARNEVALE, R.M.C. MUNICIPAL CLERK INTRODUCED: April 8, 2025 ADOPTED: (after Planning Board review)

44 2918-25 Legislative History The purpose of this ordinance is to amend Chapter 25, Section 29 related to the Stormwater Control Ordinance (SCO) that was adopted on December 10th 2024 for establishing requirements for stormwater best management practices for quantity, quality and green infrastructure for minor development projects and maintain compliance with N.J.A.C. 7:8 Stormwater. Deleted: xxxx