Cape May City Zoning Code
ARTICLE XVII
Stormwater Management and Grading
§ 525-91 Minimum stormwater management and grading requirements.
A.
Purpose and scope.
(1)
The minimum requirements for stormwater management and grading set forth in this section shall apply to development within the City of Cape May that falls within any of the following categories:
(a)
Additions to any existing structure and/or site improvements which increase the impervious coverage by more than 5% of the lot area, or any application requiring a variance for impervious coverage or lot coverage; or
(b)
The construction of any pool, driveway, or accessory garage structure; or
(c)
The construction of a new principal structure.
(2)
In interpretation and application, the provisions of this section shall be held to be the minimum requirements for the promotion of the public health, safety, and general welfare. This section is not intended to interfere with, abrogate, or annul any other ordinances, rule or regulation, statute, or other provision of law (such as the regulations for major development under Chapter 437). Where any provision of this section imposes restrictions different from those imposed by any other applicable ordinance, rule or regulation, or other provision of law, the more restrictive provisions or higher standards shall control.
B.
General requirements.
(1)
A zoning permit or building permit shall not be issued until a grading plan, including a sealed survey, has been reviewed and approved by the City Engineer, which grading plan shall be in accordance with the provisions of this section. All references herein to the "City Engineer" shall mean the engineer for the Planning Board.
(2)
The application fee is $100. The escrow fee for grading plan review is $500. Additional escrow may be required if recommended by the City Engineer. Application and escrow fees shall be paid separately in cash or by certified check made out to "City of Cape May."
(3)
All development shall be graded to direct stormwater away from adjacent properties and towards on-site stormwater facilities or towards the street.
(4)
General standards.
(a)
The stormwater management plan shall not adversely affect the adjoining properties.
(b)
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).
(c)
Stormwater management measures pursuant to this section shall be designed to meet the erosion control, groundwater recharge, stormwater runoff quantity, and stormwater runoff quality treatment as follows:
(d)
The minimum requirements of the design standards for stormwater management measures are as follows:
[1]
All lots shall be graded toward the street(s) at a minimum slope of 1/2% and a maximum slope of 1%, measured from the existing top of curb or existing sidewalk elevation, whichever is higher, to the center point of the rear lot line. All topographic information shall be based on NAVD 88 datum.
[2]
No water shall be directed to run onto an adjacent property. Techniques such as raised driveway edges, low curbing or other similar methods shall be employed to direct water off site or to recharge areas.
(e)
All proposed sites must be designed so that the total stormwater runoff from the site is no greater than the runoff generated in its predeveloped state.
[1]
The roof runoff or the equivalent impervious area shall be directed to subsurface recharge areas. Recharge areas and/or roof drains shall be provided with positive overflow(s). For analysis purposes, the following parameters should be utilized:
[a]
All lots proposing construction of a new principal structure pursuant to § 525-91A(1)(c) above shall be considered vacant for predevelopment parameters. Lots on which development is proposed pursuant to § 525-91A(1)(a) and (b) will not be considered vacant but will be required to account for the increase in stormwater runoff caused by the proposed development.
[b]
All storms, up to and including twenty-five-year storms, shall be utilized for design standards and must have their runoff accommodated by the detention and retention facilities.
[c]
Runoff shall be estimated in accordance with N.J.A.C. 5:21-7.1 et seq.
[d]
A minimum storage of 30% of the estimated runoff shall be provided on site.
[2]
All developments shall be provided with any appropriate retention and detention facilities.
[a]
The retention and detention facilities are to be designed to retain and/or detain any and all runoff the proposed development creates and provide for a minimum of 30% on-site storage.
[b]
The retention and detention facilities shall release the runoff to the appropriate watercourse or wetlands area at a rate and in a manner appropriate that approximates the natural flow which occurred before development.
[c]
Channeling runoff directly into existing water bodies shall be prohibited.
[d]
Retention/detention facilities shall be located above the seasonal high-water line.
(f)
The City Engineer may waive the technical requirements of this section if substantial compliance with the purposes and terms of this section are demonstrated to the satisfaction of the City Engineer.
(5)
All lots, open spaces and planting areas shall be graded to secure proper drainage and to prevent the collection of stormwater. The grading shall be performed in a manner which will minimize the damage to or destruction of trees growing on the land. Topsoil shall be provided and/or redistributed on the surface as cover and shall be stabilized by seeding or planting and shall comply with the standards for soil erosion and sediment control in New Jersey.
(6)
No topsoil shall be removed from the site or used as fill. Topsoil moved during the course of construction shall be redistributed so as to provide at least six inches of spread cover to all seeding and shall comply with the standards for soil erosion and sediment control in New Jersey. In the event that the quantity of topsoil at the site is insufficient to provide six inches of cover for all seeding and planting areas, the owner shall provide and distribute a sufficient quantity of topsoil to provide such a cover in accordance with the standards for soil erosion and sediment control in New Jersey.
(7)
Prior to applying for final inspections in reference to obtaining a certificate of occupancy, an as-built survey showing final grades and matching the approved plan must be submitted to the Zoning Office for approval by the Zoning Official and City Engineer.
C.
Public nuisance condition.
(1)
The City of Cape May has determined that it is a public nuisance for any person owning, leasing, occupying, developing, or having charge of any property within the City to maintain a property with a land configuration, whether in natural state or as a result of development, grading operations, excavation, or fill, that causes erosion, subsidence, silting of the City storm drain system or surface water drainage problems of such magnitude as to be injurious or potentially injurious to the City stormwater system, public health, safety and welfare, or to adjacent properties.
(2)
For the avoidance of any doubt, any person who harbors a public nuisance condition as described herein will be deemed to have abated said condition if they comply with the procedures set forth in § 525-91B above for review and approval of a stormwater and drainage plan by the City Engineer and confirm its implementation with the City.
(3)
Both the City Zoning Officer and Code Enforcement Officer shall have the authority to enforce this section.