Morristown City Zoning Code
PART 5
Environmental Regulations
§ 30-501.1 Findings; Purpose; Methods of Reducing Flood Loss.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
Findings of fact.
The flood hazard areas of the Town of Morristown are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief and impairment of the tax base, all of which adversely affect the public health, safety and general welfare.
These flood losses are caused by the cumulative effect of obstructions in areas of special flood hazards which increase flood heights and velocities and, when inadequately anchored, damage uses in other areas. Uses that are inadequately floodproofed, elevated or otherwise protected from flood damage also contribute to the flood loss.
Statement of purpose. It is the purpose of this Part 5 to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to:
Protect human life and health.
Minimize expenditures of public money for costly flood control projects.
Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public.
Minimize prolonged business interruptions.
Minimize damage to public facilities and utilities, such as water and gas mains and electric, telephone and sewer lines, streets and bridges located in areas of special flood hazard.
Help maintain a stable tax base for providing for the sound use and development of areas of special flood hazard so as to minimize future flood blight areas.
Ensure that potential buyers are notified that property is in an area of special flood hazard.
Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.
Methods of reducing flood losses. In order to accomplish its purposes, this part includes methods and provisions for:
Restricting or prohibiting uses which are dangerous to health, safety and property due to water or erosion hazards or which result in damaging increases in erosion or in flood heights or velocities.
Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction.
Controlling the alteration of natural floodplains, stream channels and natural protective barriers, which help accommodate or channel floodwaters.
Controlling filling, grading, dredging and other development which may increase flood damage.
Preventing or regulating the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards in other areas.
§ 30-502.1 Applicable Lands.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
Lands to which this section applies. This part shall apply to all areas of special flood hazard within the jurisdiction of the Town of Morristown.
§ 30-502.2 Basis for establishing areas of special flood hazard.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
The areas of special flood hazard are identified by the Federal Insurance Administration in the most recently adopted scientific and engineering report entitled, the "Flood Insurance Study for the Town of Morristown," with accompanying Flood Insurance Rate Maps and Flood Boundary–Floodway Maps. The Flood Insurance Study is on file at the office of the Municipal Clerk, 110 South Street, Morristown, New Jersey.
§ 30-502.3 Abrogation and Greater Restrictions.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
This part is not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this part and other ordinance, easement, covenant or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
§ 30-502.4 Interpretation.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
In the interpretation and application of this part, all provisions shall be:
§ 30-502.5 Warning and Disclaimer of Liability.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
The degree of flood protection required by this part is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This part does not imply that land outside the area of special flood hazards or uses permitted within such areas will be free of flooding or flood damages. This part shall not create liability on the part of the Town of Morristown, or any officer or employee thereof, or the Federal Insurance Administration for any flood damages that result from reliance on this part or any administrative decision lawfully made thereunder.
§ 30-503.1 Establishment of Development Permit.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
Required. A development permit shall be obtained before construction or development begins within any area of special flood hazard established in § 30-502. Application for a development permit shall be made on forms furnished by the Planning Board as provided by Subsection 30-505.4 and may include, but not be limited to, plans in duplicate, drawn to scale, showing the nature, location, dimensions and elevations of the area in question, existing or proposed structures, fill, storage of materials, drainage facilities and the location of the foregoing. Specifically, the following information is required:
The elevation in relation to mean sea level of the lowest floor, including basement, of all structures.
The elevation in relation to mean sea level to which any structure has been floodproofed.
Certification by a registered professional engineer or architect, that the floodproofing methods for any nonresidential structure meet the floodproofing criteria in Subsection 30-506.6.
A description of the extent to which any watercourse will be altered or relocated as a result of proposed development
A copy of the stream encroachment permit as issued by the New Jersey Department of Environmental Protection.
§ 30-503.2 Planning Board.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
Administration by Planning Board. The Planning Board is hereby appointed to administer and implement this part by granting or denying development permit applications in accordance with its provisions; provided, however, that in cases where the Board of Adjustment has jurisdiction pursuant to the Municipal Land Use Law, it shall administer and implement this part.
Duties and responsibilities. The duties of the Planning Board shall include but not be limited to:
Permit review. It shall:
Review all development permits to determine that the permit requirements of this part have been satisfied.
Review all development permits to determine that all necessary permits have been obtained from those federal, state or local governmental agencies from which prior approval is required.
Permitted or restricted floodway variance review. It shall review all applications for permitted or restricted floodway variances requested from the requirements of this part.
Use of other base flood data. When base flood elevation and floodway data has not been provided in accordance with Subsection 30-502.2, Basis for establishing areas of flood hazard, the Planning Board shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source, in order to administer Subsection 30-504.2, Specific provisions, Paragraph a, Residential construction, and Subsection 30-504.2, Specific provisions, Paragraph b, Nonresidential construction.
Information to be obtained and maintained. It shall:
Obtain and record the actual elevation (in relation to mean sea level) of the lowest floor, including basement, of all new or substantially improved structures and whether or not the structure contains a basement.
Maintain for public inspection all records pertaining to the provisions of this part.
Alteration of watercourses. It shall:
Notify adjacent communities and obtain the approval of the State of New Jersey Department of Environmental Protection prior to any alteration or relocation of a watercourse and submit evidence of such notification to the Federal Insurance Administration.
Require that maintenance is provided within the altered or relocated portion of said watercourse so that the flood-carrying capacity is not diminished.
Interpretation of FIRM boundaries. It shall make interpretations, where needed, as to the exact location of the boundaries of the areas of special flood hazard (for example, where there appears to be a conflict between a mapped boundary and actual field conditions).
§ 30-504.1 General Standards.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
In all areas of special flood hazard, the following standards are required:
Anchoring. All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure.
Construction materials and methods.
Utilities.
All new and replacement water supply systems shall be designed to minimize and eliminate infiltration of floodwaters into the system.
New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharge from the systems into floodwaters
On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.
Electrical, heating, ventilation, plumbing and air-conditioning equipment and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.
Subdivision proposals.
All subdivision proposals shall be consistent with the need to minimize flood damage.
All subdivision proposals shall have public utilities and facilities, such as sewer, gas, electrical and water systems, located and constructed to minimize flood damage.
All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage.
Base flood elevation data shall be provided for subdivision proposals and other proposed development which contains at least 50 lots or five acres (whichever is less).
For all new construction and substantial improvements, fully enclosed areas below the lowest floor that are subject to flooding shall be designed to equalize automatically hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or must meet or exceed the following minimum criteria: A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. The bottom of all openings shall be no higher than one foot above grade. Openings may be equipped with screens, louvers, or other coverings or devices, provided that they permit the automatic entry and exit of floodwaters.
§ 30-504.2 Specific Standards.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
In all areas of special flood hazard where base flood elevation data have been provided as set forth in Subsection 30-502.2, Basis for establishing areas of special flood hazard, or in Subsection 30-503b3, Use of other base flood data, the following standards are required:
Residential construction. New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated one foot above the base flood elevation.
Nonresidential construction.
New construction and substantial improvement of any commercial, industrial or nonresidential structure shall either have the lowest floor, including basement, elevated one foot above the level of the base flood elevation or, together with attendant utility and sanitary facilities, shall:
Be floodproofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water.
Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and
Be certified by a registered professional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meeting the applicable provisions of this subsection. Such certification shall be provided to the official as set forth in Subsection 30-506.6.
Floodways. Located within areas of special flood hazard established in § 30-502 are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles and erosion potential, the following provisions apply:
Encroachments, including fill, new construction, substantial improvements and other development, shall be prohibited, unless a technical evaluation demonstrates that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge.
§ 30-505.1 Enumerated.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
For the purposes of this part, permitted uses are land uses within delineated floodway areas which:
Have an inherent low flood-damage potential.
Do not require fill or the erection of structures.
Do not require channel modification or relocation.
Do not obstruct flows.
Do not require equipment or material storage.
Do not affect adversely the water-carrying capacity of any delineated floodway and/or channel.
Permitted uses include the following, to the extent that they are not prohibited in the district where the property is located or by any other local ordinance or state or federal statute, rule or regulation.
Agriculture: general farming, pasture, grazing, outdoor plant nurseries, horticulture, viticulture, truck farming, forestry, sod farming and wild crop harvesting.
Industrial-commercial: loading areas, parking areas and airport landing strips.
Private and public recreation: golf courses, tennis courts, basketball courts, baseball fields, other playing fields, driving ranges, archery ranges, picnic grounds, boat launching ramps, swimming areas, parks, wildlife and nature preserves, game farms, fish hatcheries, shooting preserves, target ranges, trap and skeet ranges, hunting and fishing areas and hiking, jogging, bicycle and horseback riding trails.
Residential: lawns, parking areas and play areas.
§ 30-505.2 Approval Procedure.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
No person shall obtain a development permit to engage in permitted uses within a delineated floodway area until he has received site plan approval from the Planning Board or the Zoning Board of Adjustment, depending on which Board has jurisdiction based on the provisions of the New Jersey Municipal Land Use Law, of the Town of Morristown pursuant to the procedure set forth below.
The Planning Board or the Zoning Board of Adjustment, depending on which Board has jurisdiction based on the provisions of the New Jersey Municipal Land Use Law, shall approve a permitted use application only if it finds that the proposed use:
Does not obstruct flood flows or increase flood heights and/or velocities;
Does not affect adversely the water-carrying capacity of any delineated floodway and/or channel;
Does not increase local runoff and erosion;
Does not unduly stress the natural environment of the floodplain or degrade the quality of surface water or the quality and quantity of groundwaters;
Does not require channel modifications or relocation;
Does not require fill or the erection of structures;
Does not include the storage of equipment and materials; and
The applicant has received a stream encroachment permit from the New Jersey Department of Environmental Protection.
The Planning Board shall maintain a record of all applications, including technical information, and report any approvals to the Federal Insurance Administration upon request.
§ 30-505.3 Conditions.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
The Planning Board or the Zoning Board of Adjustment, depending on which Board has jurisdiction based on the provisions of the New Jersey Municipal Land Use Law, may impose such conditions on permitted uses as it deems appropriate to promote the public safety, health and welfare, to protect public and private property, wildlife and fisheries and to preserve, protect and enhance the natural environment of the floodway.
§ 30-505.4 Applications for Permitted Uses.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
An applicant for a permitted use permit shall submit a written application on forms provided by the Planning Board at least 14 days prior to the regularly scheduled Planning Board meeting at which the applicant desires consideration of the application, together with 17 copies of a site plan, which shall be prepared in accordance with § 30-505 of this Code. In acting on floodway site plans, the Planning Board shall follow the usual site plan procedure and time limits pursuant to § 30-505 of this Code.
§ 30-506.1 Enumerated.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
Restricted uses, in addition, shall include but are not limited to the following to the extent that they are not prohibited by the zoning regulations or any other local ordinances or state statute, rule or regulation.
§ 30-506.2 Permit and Approval Required.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
No person shall engage in a restricted use within a delineated floodway area until he has received a restricted development permit and site plan approval from the Planning Board and a stream encroachment permit from the New Jersey Department of Environmental Protection.
§ 30-506.3 Notification Requirements.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
The applicant shall notify the public and all property owners within 200 feet, the County Planning Board and all others usually entitled to notice of development applications pursuant to N.J.S.A. 40:55D-12 and additionally shall notify the governing bodies of all downstream municipalities within a five-mile radius of the property as to the application. Such notifications shall include the matters required for development applications pursuant to § 30-503 of this Code.
§ 30-506.4 Conditions for Issuance.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
The Planning Board, after public hearing, shall review the restricted use permit application and all testimony or information received from interested parties and the required environmental impact statement. The Planning Board shall issue a restricted use permit only if it finds that the proposed use:
Has low flood damage potential.
Either acting alone or in combination with existing or future uses, does not obstruct flood flows or increase flood heights and/or velocities unduly.
Does not affect adversely the water-carrying capacity of any delineated floodway and/or channel.
Does not increase local runoff and/or erosion.
Does not stress unduly the natural environment of the floodway or degrade the quality of surface water or the quality and quantity of groundwaters.
§ 30-506.5 Review Criteria.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
In reviewing the permit application and arriving at findings, the Planning Board shall consider the following criteria:
The danger to life and property due to increased flood heights or velocities caused by encroachments.
The danger that materials may be swept onto other lands or downstream to the injury of others.
The proposed water supply and sanitation systems and the insulation of these systems from disease, contamination and unsanitary conditions resulting from flooding.
The susceptibility of the proposed use to flood damage and the effect of such damage.
The availability of alternate locations not subject to flooding.
The duration, rate of rise and sediment transport of floodwaters expected at the site.
The safety of access to the property in times of flood for ordinary and emergency vehicles.
The degree to which the proposed use provides facilities for the proper handling of litter, trash, refuse and sanitary and industrial wastes.
The degree to which irreplaceable land types will be destroyed.
The degree to which the natural, scenic and aesthetic values of the proposed activity site can be retained.
The availability to the applicant, at fair market cost, of contiguous lands outside the flood hazard area.
§ 30-506.6 Permit Conditions.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
If the Planning Board finds that the proposed use would violate or tend to violate the purposes and intent of these standards, the Planning Board may deny the application, or it may approve the application and impose such permit conditions as are necessary to promote the public safety, health and welfare, to protect public and private property, wildlife and fisheries and to preserve, protect and enhance the natural environment of the floodway. These conditions may include, but are not limited to, the following:
Modification of waste disposal and water supply facilities.
Imposition of operational controls, sureties and deed restrictions.
Requirements for construction of channel modifications, dikes, levees, and other protective measures.
Installation of an adequate flood-warning system. Where the property is to be used for residential purposes, the Planning Board may require the applicant to post signs warning prospective purchasers that the land is located in a floodway area.
Where applicable, the Planning Board shall condition restricted use permits as follows:
Fill shall be no lower than one foot above the floodway design elevation and shall extend at such height for a distance of at least 15 feet beyond the limits of any structure erected thereon.
Structures on fill shall be built so that the first floor and/or basements are at a minimum of one foot above the floodway design elevation.
Structures not placed on fill shall be otherwise elevated so that the first floor is at a minimum of one foot above the floodway design elevation or shall be floodproofed as set forth in Paragraph b4 below. Floodproofing alone shall not be adequate for residences, hospitals, nursing homes, schools, day-care centers and similar uses.
Floodproofing measures shall be consistent with the flood-protection elevation for the particular area, flood velocities, durations, rates of rise, hydrostatic and hydrodynamic forces and other similar factors. The municipality shall require the applicant to submit a plan or document certified by a licensed professional engineer that the floodproofing measures are consistent with the flood hazard way elevation and associated flood factors. Any or all of the following floodproofing measures may be required:
Anchorage to resist flotation and lateral movement.
Installation of watertight doors, bulkheads and shutters or similar devices.
Reinforced walls to resist water pressure.
Use of paints, membranes or mortars to reduce seepage of water through walls.
Addition of weight to structures to resist flotation.
Installation of pumps to lower water levels in structures.
Construction of water supply and waste treatment systems in a manner which prevents the entrance of floodwaters.
Pumping facilities or comparable measures for the subsurface drainage systems of buildings to relieve external foundation wall and basement flood pressures.
Construction that resists rupture or collapse caused by water pressure or floating debris.
Installation of valves or controls on sanitary and storm drains which will permit the drains to be closed to prevent backup of sewage or stormwater into the structure. Gravity drainage of basements may be eliminated by mechanical devices.
Location of all electrical equipment, circuits and installed electrical appliances in a manner which will assure that they are not subject to inundation and flooding.
Storage facilities for chemicals, explosives, buoyant materials, flammable liquids or other toxic or hazardous materials shall be situated above the floodway elevation and shall be floodproofed to prevent flotation of storage containers or damage to storage containers which would result in the escape of toxic materials into the floodwaters.
§ 30-506.7 Preexisting Structures and Uses.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
No persons shall engage in or cause or permit other persons to engage in prohibited uses within a delineated floodway area.
Prohibited uses enumerated. The following uses shall be prohibited:
Placing, depositing or dumping any solid waste, garbage, refuse, trash, rubbish or debris.
Dumping or discharging untreated domestic sewage or industrial waste, either solid or liquid.
The disposal of pesticides.
All uses prohibited by the zoning regulations of the Town of Morristown and all uses not permitted or restricted uses herein.
Floodway variances.
The Board having jurisdiction pursuant to this part may grant floodway variances from the provisions of this part only upon:
A showing of good and sufficient cause;
A determination that failure to grant the variance would result in exceptional hardship to the applicant; and
A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety or extraordinary public expense, create nuisances, cause fraud on or victimization of the public or conflict with existing local laws and ordinances.
Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.
Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the base flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced floor elevation.
§ 30-506.8 Prohibited Uses.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
Submission of site plans. All applicants for use permits pursuant to this Part 5 shall submit a site plan, which shall include at least the following data:
All data required of site plans by other sections of this chapter.
Proposed finished elevation at a contour interval of one foot.
Proposed finished elevations of land at each foundation corner of existing or proposed structures.
A legend on the plat, in letters at least 1/2 inch high, indicating that the premises are located in a floodway area.
Public hearing. All action on use permit applications shall be taken at public hearing on notice.
Time limits. The Planning Board shall act on restricted use permit applications within 95 days of the acceptance by the Planning Board of the application as complete. Failure to act within 95 days shall be deemed an approval of the application. Where a shorter time is specified in the Municipal Land Use Law, the shorter time shall be applicable.
§ 30-507 PURPOSE AND FINDINGS.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
The purpose of regulating steep slopes in the Town of Morristown is to prevent or reduce the problems resulting from the development of such environmentally sensitive areas. The New Jersey State Development and Redevelopment Plan states that slopes that are in excess of 15% are environmentally sensitive, and the alteration of such slopes can adversely affect the slope itself, surrounding land, and the region as a whole. The removal of vegetation from a steep slope increases water runoff and erosion, reduces the stability of remaining plants on the slope, and degrades the visual aesthetics of the area as a whole. Because of increased water runoff, as the water spills into nearby lakes and streams, it brings along loose soil, which adds sediment to the waterways and pollutes key regional water resources. Surface runoff from Morristown drains into both the Whippany River watershed and the Great Swamp, two key natural resources in the region. The speed at which the water passes down an unprotected slope into a lower lying area may also cause serious flooding and landslides. The higher speed of surface water runoff also reduces the amount of water percolating into groundwater and aquifers immediately surrounding the slope, which can result in periodic or permanent water shortages. This is a particularly important consideration in Morristown because the Town is located above one of the key regional aquifers. The erosion of a hillside also leaves remaining vegetation with a lack of nutrient-rich soil and weak root systems, which may cause falling trees and deteriorating plant life conditions, leading to the aesthetic decline of the site and the Town as a whole. Finally, it is also important to note that if this section is to remain consistent with Morristown's role as a designated regional center, it must be structured so that it does not significantly and unreasonably limit the growth capabilities of the Town.
§ 30-508 REGULATIONS.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
All development and redevelopment activities, including stripping of vegetation, grading, or other soil disturbances, may occur without approval under this article only on noncritical areas of the tract or steep slope areas, provided that the development activity complies with the following provisions:
No area with prohibitive slopes shall be disturbed, developed, or redeveloped.
No area with precautionary slopes may be disturbed or developed without the applicant submitting sufficient evidence to prove the following:
Soil erosion, land disturbance, and other environmental concerns have been adequately addressed.
The applicant has submitted grading, drainage, and landscaping plans for the entire lot or tract of land to be developed, each in accordance with the requirements specified in § 30-511, which plans confirm conformance with the aforementioned performance standards and which further confirm that the rate and velocity of the surface water runoff from the entire site which will result following completion of the proposed development shall not exceed that which currently exists in the predevelopment conditions. Certification by a professional engineer will be required stating that the standards contained herein have been met.
A precautionary slope with a minimum grade of at least 15% but not more than 20% may have a maximum disturbance area of no greater than 50%.
A precautionary slope with a minimum grade of at least 21% but not more than 25% may have a maximum disturbance area of no greater than 25%.
§ 30-509 RELIEF FROM REGULATIONS.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
An applicant may seek relief from the requirements of these regulations by applying for variances to either the Planning Board or by the Zoning Board of Adjustment, depending on which Board has jurisdiction based on the provisions of the New Jersey Municipal Land Use Law.
§ 30-510 PERFORMANCE STANDARDS.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
The Town Engineer, when reviewing an application to disturb precautionary slopes or when reviewing an application for variance relief from the requirements of this section, shall submit a report to the Planning Board or Board of Adjustment for each application. The Planning Board or Board of Adjustment shall be guided by, but not limited to, the following performance standards:
The applicant shall demonstrate that the disturbance of the steep slope area is necessary for the proposed development of the subject tract or lot, and that such development is otherwise in accordance with the applicable ordinance provisions of the Town of Morristown.
The applicant shall demonstrate that the proposed development has utilized the noncritical areas of the tract to the extent reasonably practicable and that an attempt has been made to minimize the disturbance of the steep slope areas by limiting development to isolated areas of steep slopes.
The applicant shall demonstrate that appropriate revegetation and landscaping of the disturbed steep slope areas will be provided so as to adequately stabilize the slopes and enhance the attractiveness of the site, all in accordance with accepted soil conservation and stormwater management techniques as promulgated by the Town Engineer.
The applicant shall demonstrate that the proposed disturbance of the steep slope area minimizes the impairment of the visual quality of the site and protects the higher elevations along hillsides, ridges, and mountain tops which create visual amenities.
The applicant also shall demonstrate that:
Any geologic disturbance, including blasting, cutting, or excavating, resulting from the development of a steep slope area will be satisfactorily mitigated; and
The cost of providing and maintaining public facilities and services to those portions of the site where steep slope areas are to be disturbed will not be substantially increased as a result of such disturbance.
§ 30-511 SUBMISSION REQUIREMENTS.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
Any applicant proposing to disturb steep slopes in the Town of Morristown shall submit the following information to the Town Engineer and to the Planning Board or the Zoning Board of Adjustment, as the case may be, and all submitted plans, details, and calculations shall be prepared, signed, and sealed by a New Jersey licensed professional engineer:
A steep slope analysis, utilizing the best available topographical information, as determined by the Town Engineer. The analysis shall be based on two-foot contour intervals or spot elevations if appropriate. Areas designated as steep slope areas shall be shaded and the amount of land area calculated. The analysis shall identify noncritical, precautionary, and prohibitive slopes.
A grading plan, which shall be prepared at a minimum scale of one inch equals 20 feet, shall include the following information in addition to all other applicable requirements of the Land Development Ordinance:
Plans showing the location of, and details for, all drainage devices, retaining walls, cribbing, dams, or other protective devices to be constructed, and any existing or proposed swales, ditches, brooks, or other drainage patterns;
Plans, profiles, cross sections, and details of all retaining walls showing the height of each wall, the elevation at the top and bottom of each wall, the materials to be used, a profile and cross section of each wall, any proposed plantings, any safety barriers, the calculations of anticipated earth and hydrostatic pressures and surcharges, and the calculations detailing the design of each wall; and
A map designating the maximum limits of clearing and disturbance.
Drainage plans and supporting computations for any storm drainage system shall be submitted, including the following information as may be required by the Town Engineer:
All existing or proposed storm sewer lines within or adjacent to the tract, showing the profile, size, and slope of the lines, the direction of flow, and the location of each catch basin, inlet, manhole, culvert, headwall, and utility line, including pipe sizes and grades.
A map drawn to scale (minimum scale one inch equals 100 feet) showing the contributing area to each inlet or cross drain.
The weighted run-off coefficient for each drainage area that was utilized in the submitted computations and a report by the design engineer containing the design criteria used, the alternates considered, the reasons for the final selections and the design calculations.
Landscaping plans, indicating the following information:
The proposed limits of disturbance of the subject site.
A general depiction of all existing vegetation within the area to be disturbed and a planting plan including a planting schedule for the plant material to be installed.
A specific identification within the area to be disturbed of all individual trees or groups of trees which have a caliper of eight inches or more measured three feet above the ground level, with an indication of which trees are to be removed.
§ 30-512 EXEMPTIONS.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
Developments shall be exempt from the steep slope requirements of this section, as follows:
§ 30-513 COMPATIBILITY WITH OTHER ORDINANCE AND PERMIT REQUIREMENTS.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
Development approvals issued pursuant to this section 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 other applicable codes, rules, acts or ordinances. In their interpretation and application the provisions of this article shall be held to be the minimum requirements for the promotion of the public health, safety, general welfare, and the protection of water quality.
§ 30-514.1 Policy Statement.
[Ord. No. O-25-2018, 7-12-2018; amended 4-13-2021 by Ord. No. O-3-2021; 8-8-2023 by Ord. No. O-11-2023; 3-11-2025 by Ord. No. O-5-2025]
Flood control, groundwater recharge, and pollutant reduction shall be achieved through the use of stormwater management measures, including green infrastructure best management practices (GI BMPs) and nonstructural stormwater management strategies. GI BMPs and low-impact development (LID) should be utilized to meet the goal of maintaining natural hydrology to reduce stormwater runoff volume, reduce erosion, encourage infiltration and groundwater recharge, and reduce pollution. GI BMPs and LID 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.
§ 30-514.2 Purpose.
[Ord. No. O-25-2018, 7-12-2018; amended 4-13-2021 by Ord. No. O-3-2021; 8-8-2023 by Ord. No. O-11-2023; 3-11-2025 by Ord. No. O-5-2025]
The purpose of this article is to establish minimum stormwater management requirements and controls for major development, as defined below in § 30-515 of this article.
§ 30-514.3 Applicability.
[Ord. No. O-25-2018, 7-12-2018; amended 4-13-2021 by Ord. No. O-3-2021; 8-8-2023 by Ord. No. O-11-2023; 3-11-2025 by Ord. No. O-5-2025]
This article shall also be applicable to all major developments undertaken by the Town of Morristown.
An application required by ordinance pursuant to Subsection 30-514.3a above that has been submitted prior to February 11, 2025, shall be subject to the stormwater management requirements in effect on February 10, 2025.
An application required by ordinance for approval pursuant to Subsection 30-514.3a above that has been submitted on or after March 2, 2021, but prior to February 11, 2025, shall be subject to the stormwater management requirements in effect on February 10, 2025.
Notwithstanding any rule to the contrary, a major development for any public roadway or railroad project conducted by a public transportation entity that has determined a preferred alternative or reached an equivalent milestone before July 17, 2023, shall be subject to the stormwater management requirements in effect prior to July 17, 2023.
§ 30-514.4 Compatibility with Other Permit and Ordinance Requirements.
[Ord. No. O-25-2018, 7-12-2018; amended 4-13-2021 by Ord. No. O-3-2021; 8-8-2023 by Ord. No. O-11-2023; 3-11-2025 by Ord. No. O-5-2025]
Development approvals issued pursuant to this article are to be considered an integral part of development approvals 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 article shall be held to be the minimum requirements for the promotion of the public health, safety, and general welfare.
This article 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 article 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.
§ 30-515.1 Terms Defined; Word Usage.
[Ord. No. O-25-2018, 7-12-2018; amended 4-13-2021 by Ord. No. O-3-2021; 8-8-2023 by Ord. No. O-11-2023; 3-11-2025 by Ord. No. O-5-2025]
For the purpose of this article, the following terms, phrases, words and their derivations shall have the meanings stated herein unless their use in the text of this article 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 the corresponding definitions in the stormwater management rules at N.J.A.C. 7:8-1.2.
Those areas with boundaries incorporated by reference or revised by the Department in accordance with N.J.A.C. 7:7-13.16.
The map used by the Department to identify the location of coastal planning areas, CAFRA centers, CAFRA cores, and CAFRA nodes. The CAFRA Planning Map is available on the Department's Geographic Information System (GIS).
An infiltration system, sand filter designed to infiltrate, standard constructed wetland, or wet pond, established in accordance with N.J.A.C. 7:8-4.2(c)14, that is designed and constructed in accordance with the New Jersey Stormwater Best Management Practices Manual, or an alternate design, approved in accordance with N.J.A.C. 7:8-5.2(g), for an infiltration system, sand filter designed to infiltrate, standard constructed wetland, or wet pond and that complies with the requirements of this article.
The increase in soil bulk density.
The area from which stormwater runoff drains to a stormwater management measure, not including the area of the stormwater management measure itself.
A pedestrian-oriented area of commercial and civic uses serving the surrounding municipality, generally including housing and access to public transportation.
An agency designated by the Board of County Commissioners to review municipal stormwater management plans and implementing ordinance(s). The county review agency may either be:
The Department of Environmental Protection.
A state development and redevelopment plan center as designated by the State Planning Commission, such as urban, regional, town, village, or hamlet.
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.
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, 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 land, "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.
The placement or reconstruction of impervious surface or motor vehicle surface, or exposure and/or movement of soil or bedrock or clearing, cutting, or removing of vegetation. Milling and repaving is not considered disturbance for the purposes of this definition.
A geographic area within which stormwater, sediments, or dissolved materials drain to a particular receiving water body or to a particular point along a receiving water body.
Neighborhoods 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.
The following areas where the physical alteration of the land is in some way restricted, either through regulation, easement, deed restriction or ownership, such as: wetlands, floodplains, threatened and endangered species sites or designated habitats, and parks and preserves. 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.
An area or feature which is of significant environmental value, including but not limited to: stream corridors, natural heritage priority sites, habitats of endangered or threatened species, large areas of contiguous open space or upland forest, steep slopes, and wellhead 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.
The detachment and movement of soil or rock fragments by water, wind, ice, or gravity.
A stormwater management measure that manages stormwater close to its source by:
An area within which water drains to a particular receiving surface water body, also known as a "subwatershed," which is identified by a fourteen-digit hydrologic unit boundary designation, delineated within New Jersey by the United States Geological Survey.
A surface that has been covered with a layer of material so that it is highly resistant to infiltration by water.
The process by which water seeps into the soil from precipitation.
One or more public entities having stormwater management planning authority designated by the Regional Stormwater Management Planning Committee pursuant to N.J.A.C. 7:8-3.2, that serves as the primary representative of the Committee.
An individual development, as well as multiple developments that individually or collectively result in:
The disturbance of one or more acres of land since February 2, 2004;
The creation of one-quarter acre or more of regulated impervious surface since February 2, 2004;
The creation of one-quarter acre or more of regulated motor vehicle surface since March 2, 2021; or
A combination of Paragraphs a2 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 Paragraphs a1, 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."
Land vehicles propelled other than by muscular power, such as automobiles, motorcycles, autocycles, and low-speed vehicles. For the purposes of this definition, motor vehicle does not include farm equipment, snowmobiles, all-terrain vehicles, motorized wheelchairs, go-carts, gas buggies, golf carts, ski-slope grooming machines, or vehicles that run only on rails or tracks.
Any pervious or impervious surface that is intended to be used by motor vehicles and/or aircraft, and that is directly exposed to precipitation, including, but not limited to, driveways, parking areas, parking garages, roads, racetracks, and runways.
Any city, borough, town, township, or village.
The manual maintained by the Department providing, in part, design specifications, removal rates, calculation methods, and soil testing procedures approved by the Department as being capable of contributing to the achievement of the stormwater management standards specified in this article. The BMP Manual is periodically amended by the Department as necessary to provide design specifications on additional best management practices and new information on already included practices reflecting the best available current information regarding the particular practice and the Department's determination as to the ability of that best management practice to contribute to compliance with the standards contained in this article. Alternative stormwater management measures, removal rates, or calculation methods may be utilized, subject to any limitations specified in this article, provided that the design engineer demonstrates to the municipality, in accordance with § 30-517f of this article and N.J.A.C. 7:8-5.2(g), that the proposed measure and its design will contribute to achievement of the design and performance standards established by this article.
An area designated by the State Planning Commission concentrating facilities and activities which are not organized in a compact form.
A chemical element or compound, such as nitrogen or phosphorus, which is essential to and promotes the development of organisms.
Any individual, corporation, company, partnership, firm, association, political subdivision of this state and any state, interstate or federal agency.
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, groundwaters or surface waters of the state, or to a domestic treatment works. Pollutant includes both hazardous and nonhazardous pollutants.
A pathway for use by motor vehicles or trains that is intended for public use and is constructed by, or on behalf of, a public transportation entity. A public roadway or railroad does not include a roadway or railroad constructed as part of a private development, regardless of whether the roadway or railroad is ultimately to be dedicated to and/or maintained by a governmental entity.
A federal, state, county, or municipal government, an independent state authority, or a statutorily authorized public-private partnership program pursuant to P.L. 2018, c. 90 (N.J.S.A. 40A:11-52 et seq.), that performs a public roadway or railroad project that includes new construction, expansion, reconstruction, or improvement of a public roadway or railroad.
The amount of water from precipitation that infiltrates into the ground and is not evapotranspired.
Any of the following, alone or in combination:
A net increase of impervious surface;
The total area of impervious surface collected by a new stormwater conveyance system (For the purpose of this definition, a "new stormwater conveyance system" is a stormwater conveyance system that is constructed where one did not exist immediately prior to its construction or an existing system for which a new discharge location is created.);
The total area of impervious surface proposed to be newly collected by an existing stormwater conveyance system; and/or
The total area of impervious surface collected by an existing stormwater conveyance system where the capacity of that conveyance system is increased.
Any of the following, alone or in combination:
The total area of motor vehicle surface that is currently receiving water;
A net increase in motor vehicle surface; and/or
Quality treatment, either by vegetation or soil, by an existing stormwater management measure, or by treatment at a wastewater treatment plant, where the water quality treatment will be modified or removed.
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.
The lot or lots upon which a major development is to occur or has occurred.
All unconsolidated mineral and organic material of any origin.
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.
The geographic application of the State Development and Redevelopment Plan's goals and statewide policies, and the official map of these goals and policies.
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.
An excavation or embankment and related areas designed to retain stormwater runoff. A stormwater management BMP may either be normally dry (that is, a detention basin or infiltration system), retain water in a permanent pool (a retention basin), or be planted mainly with wetland vegetation (most constructed stormwater wetlands).
Any 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.
A public body authorized by legislation to prepare stormwater management plans.
The geographic area for which a stormwater management planning agency is authorized to prepare stormwater management plans, or a specific portion of that area identified in a stormwater management plan prepared by that agency.
Water flow on the surface of the ground or in storm sewers resulting from precipitation.
A flood hazard area in which the flood elevation resulting from the two-, ten-, or 100-year storm, as applicable, is governed by tidal flooding from the Atlantic Ocean. Flooding in a tidal flood hazard area may be contributed to, or influenced by, stormwater runoff from inland areas, but the depth of flooding generated by the tidal rise and fall of the Atlantic Ocean is greater than flooding from any fluvial sources. In some situations, depending upon the extent of the storm surge from a particular storm event, a flood hazard area may be tidal in the 100-year storm, but fluvial in more frequent storm events.
A neighborhood given priority access to state resources through the New Jersey Redevelopment Authority.
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.
Previously developed portions of areas:
A structure within or adjacent to a water which intentionally or coincidentally alters the hydraulic capacity, the flood elevation resulting from the two-, ten-, or 100-year storm, flood hazard area limit, and/or floodway limit of the water. Examples of a water control structure may include a bridge, culvert, dam, embankment, ford (if above grade), retaining wall, and weir.
The ocean and its estuaries, all springs, streams, wetlands, and bodies of surface water or groundwater, whether natural or artificial, within the boundaries of the State of New Jersey or subject to its jurisdiction.
An area that is inundated or saturated by surface water or groundwater 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."
§ 30-516 DESIGN AND PERFORMANCE STANDARDS FOR STORMWATER MANAGEMENT MEASURES.
[Ord. No. O-25-2018, 7-12-2018; amended 4-13-2021 by Ord. No. O-3-2021; 8-8-2023 by Ord. No. O-11-2023; 3-11-2025 by Ord. No. O-5-2025]
Stormwater management measures for major development shall be designed to provide erosion control, groundwater recharge, stormwater runoff quantity control, and stormwater runoff quality treatment as follows:
The minimum standards for erosion control are those established under the Soil and Sediment Control Act, N.J.S.A. 4:24-39 et seq., and implementing rules at N.J.A.C. 2:90.
The minimum standards for groundwater recharge, stormwater quality, and stormwater runoff quantity shall be met by incorporating green infrastructure.
The standards in this article 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.
§ 30-517 REQUIREMENTS FOR MAJOR DEVELOPMENT.
[Ord. No. O-25-2018, 7-12-2018; amended 4-13-2021 by Ord. No. O-3-2021; 8-8-2023 by Ord. No. O-11-2023; 3-11-2025 by Ord. No. O-5-2025]
The development shall incorporate a maintenance plan for the stormwater management measures incorporated into the design of a major development in accordance with § 30-523 of this article.
Stormwater management measures shall avoid adverse impacts of concentrated flow on habitat for threatened and endangered species as documented in the Department's Landscape Project or Natural Heritage Database established under N.J.S.A. 13:1B-15.147 through N.J.S.A. 13:1B-15.150, particularly Helonias bullata (swamp pink) and/or Clemmys muhlenbergi (bog turtle).
The following linear development projects are exempt from the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity requirements of Paragraphs p, q and r below:
The construction of an underground utility line, provided that the disturbed areas are revegetated upon completion;
The construction of an aboveground utility line, provided that the existing conditions are maintained to the maximum extent practicable; and
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.
A waiver from strict compliance from the green infrastructure, groundwater recharge, stormwater runoff quality, and stormwater runoff quantity requirements of Paragraphs o, p, q, and r below 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:
The applicant demonstrates that there is a public need for the project that cannot be accomplished by any other means;
The applicant demonstrates through an alternatives analysis that, through the use of stormwater management measures, the option selected complies with the requirements of Paragraphs o, p, q and r below to the maximum extent practicable;
The applicant demonstrates that, in order to meet the requirements of Paragraphs o, p, q and r below, existing structures currently in use, such as homes and buildings, would need to be condemned; and
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 Paragraph d3 above within the upstream drainage area of the receiving stream, that would provide additional opportunities to mitigate the requirements of Paragraphs o, p, q and r below that were not achievable on-site.
Tables 1 through 3 below summarize the ability of stormwater best management practices identified and described in the New Jersey Stormwater Best Management Practices Manual to satisfy the green infrastructure, groundwater recharge, stormwater runoff quality and stormwater runoff quantity standards specified in Paragraphs o, p, q and r below. When designed in accordance with the most current version of the New Jersey Stormwater Best Management Practices Manual, the stormwater management measures found at N.J.A.C. 7:8-5.2(f) Tables 5-1, 5-2 and 5-3 and listed below in Tables 1, 2 and 3 below are presumed to be capable of providing stormwater controls for the design and performance standards as outlined in the tables below. Upon amendments of the New Jersey Stormwater Best Management Practices to reflect additions or deletions of BMPs meeting these standards, or changes in the presumed performance of BMPs designed in accordance with the New Jersey Stormwater BMP Manual, the Department shall publish in the New Jersey Registers a notice of administrative change revising the applicable table. The most current version of the BMP Manual can be found on the Department's website at: https://dep.nj.gov/stormwater/bmp-manual/.
Where the BMP tables in the New Jersey Stormwater Management Rule are different due to updates or amendments with the tables in this article, the BMP Tables in the Stormwater Management Rule at N.J.A.C. 7:8-5.2(f) shall take precedence.
Table 1 Green Infrastructure BMPs for Groundwater Recharge, Stormwater Runoff Quality, and/or Stormwater Runoff Quantity | ||||
|---|---|---|---|---|
Best Management Practice | Stormwater Runoff Quality TSS Removal Rate | Stormwater Runoff Quantity | Groundwater Recharge | Minimum Separation from Seasonal High-Water Table (feet) |
Cistern | 0% | Yes | No | — |
Dry well1 | 0% | No | Yes | 2 |
Grass swale | 50% or less | No | No | 25 16 |
Green roof | 0% | Yes | No | — |
Manufactured treatment device1,7 | 50% or 80% | No | No | Dependent upon the device |
Pervious paving system 1 | 80% | Yes | Yes2 No3 | 22 13 |
Small-scale bioretention basin 1 | 80% or 90% | Yes | Yes2 No3 | 22 13 |
Small-scale infiltration basin 1 | 80% | Yes | Yes | 2 |
Small-scale sand filter | 80% | Yes | Yes | 2 |
Vegetative filter strip | 60% to 80% | No | No | — |
(Notes corresponding to annotations 1 through 7 are found after Table 3 below) |
Table 2 Green Infrastructure BMPs for Stormwater Runoff Quantity (or for Groundwater Recharge and/or Stormwater Runoff Quality with a Waiver or Variance from N.J.A.C. 7:8-5.3) | ||||
|---|---|---|---|---|
Best Management Practice | Stormwater Runoff Quality TSS Removal Rate | Stormwater Runoff Quantity | Groundwater Recharge | Minimum Separation from Seasonal High Water Table (feet) |
Bioretention system | 80% or 90% | Yes | Yes2 No3 | 22 13 |
Infiltration basin | 80% | Yes | Yes | 2 |
Sand filter2 | 80% | Yes | Yes | 2 |
Standard constructed wetland | 90% | Yes | No | N/A |
Wet pond4 | 50% to 90% | Yes | No | N/A |
(Notes corresponding to annotations 2 through 4 are found after Table 3 below) |
Table 3 BMPs for Groundwater Recharge, Stormwater Runoff Quality, and/or Stormwater Runoff Quantity only with a Waiver or Variance from N.J.A.C. 7:8-5.3 | ||||
|---|---|---|---|---|
Best Management Practice | Stormwater Runoff Quality TSS Removal Rate | Stormwater Runoff Quantity | Groundwater Recharge | Minimum Separation from Seasonal High Water Table (feet) |
Blue roof | 0% | Yes | No | N/A |
Extended detention basin | 40% to 60% | Yes | No | 1 |
Manufactured treatment device8 | 50% or 80% | No | No | Dependent upon the device |
Sand filter3 | 80% | Yes | No | 1 |
Subsurface gravel wetland | 90% | No | No | 1 |
Wet pond | 50% to 90% | Yes | No | N/A |
Notes to Tables 1, 2, and 3: | |
1 | Subject to the applicable contributory drainage area limitation specified at Paragraph o2 below. |
2 | Designed to infiltrate into the subsoil. |
3 | Designed with underdrains. |
4 | Designed to maintain at least a ten-foot-wide area of native vegetation along at least 50% of the shoreline and to include a stormwater runoff retention component designed to capture stormwater runoff for beneficial reuse, such as irrigation. |
5 | Designed with a slope of less than 2%. |
6 | Designed with a slope of equal to or greater than 2%. |
7 | Manufactured treatment devices that meet the definition of green infrastructure in § 30-515 of this article. |
8 | Manufactured treatment devices that do not meet the definition of green infrastructure in § 30-515 of this article. |
An alternative stormwater management measure, alternative removal rate, and/or alternative method to calculate the removal rate may be used if the design engineer demonstrates the capability of the proposed alternative stormwater management measure and/or the validity of the alternative rate or method to the municipality. A copy of any approved alternative stormwater management measure, alternative removal rate, and/or alternative method to calculate the removal rate shall be provided to the Department in accordance with § 30-519, Paragraph b, of this article. Alternative stormwater management measures may be used to satisfy the requirements at Paragraph o below only if the measures meet the definition of green infrastructure in § 30-515 of this article. Alternative stormwater management measures that function in a similar manner to a BMP listed at Paragraph o2 below are subject to the contributory drainage area limitation specified at Paragraph o2 below for that similarly functioning BMP. Alternative stormwater management measures approved in accordance with this section that do not function in a similar manner to any BMP listed at Paragraph o2 below shall have a contributory drainage area less than or equal to 2.5 acres, except for alternative stormwater management measures that function similarly to cisterns, grass swales, green roofs, standard constructed wetlands, vegetative filter strips, and wet ponds, which are not subject to a contributory drainage area limitation. Alternative measures that function similarly to standard constructed wetlands or wet ponds shall not be used for compliance with the stormwater runoff quality standard unless a variance in accordance with N.J.A.C. 7:8-4.6 or a waiver from strict compliance in accordance with Paragraph d above is granted from Paragraph o below.
Whenever the stormwater management design includes one or more BMPs that will infiltrate stormwater into subsoil, 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 or other subsurface structures within the zone of influence of the groundwater mound, or interference with the proper functioning of the stormwater management measure itself.
Design standards for stormwater management measures are as follows:
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);
Stormwater management measures shall be designed to minimize maintenance, facilitate maintenance and repairs, and ensure proper functioning. Trash racks shall be installed at the intake to the outlet structure, as appropriate, and shall have parallel bars with one-inch spacing between the bars to the elevation of the water quality design storm. For elevations higher than the water quality design storm, the parallel bars at the outlet structure shall be spaced no greater than one-third the width of the diameter of the orifice or one-third the width of the weir, with a minimum spacing between bars of one inch and a maximum spacing between bars of six inches. In addition, the design of trash racks must comply with the requirements of § 30-521c of this article;
Stormwater management measures shall be designed, constructed, and installed to be strong, durable, and corrosion-resistant. Measures that are consistent with the relevant portions of the residential site improvement standards at N.J.A.C. 5:21-7.3, N.J.A.C. 5:21-7.4, and N.J.A.C. 5:21-7.5 shall be deemed to meet this requirement;
Stormwater management BMPs shall be designed to meet the minimum safety standards for stormwater management BMPs at § 30-521 of this article; and
The size of the orifice at the intake to the outlet from the stormwater management BMP shall be a minimum of 2 1/2 inches in diameter.
Manufactured treatment devices may be used to meet the requirements of this article, provided that the pollutant removal rates are verified by the New Jersey Corporation for Advanced Technology and certified by the Department. Manufactured treatment devices that do not meet the definition of green infrastructure at § 30-515 of this article may be used only under the circumstances described at Paragraph o4 below.
Any application for a new agricultural development that meets the definition of major development at § 30-515 shall be submitted to the Soil Conservation District for review and approval in accordance with the requirements at Paragraphs o, p, q and r below and any applicable Soil Conservation District guidelines for stormwater runoff quantity and erosion control. For purposes of this paragraph, "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 manufacture of agriculturally related products.
If there is more than one drainage area, the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at Paragraphs p, q, and r below shall be met in each drainage area, unless the runoff from the drainage areas converge on-site and no adverse environmental impact would occur as a result of compliance with any one or more of the individual standards being determined utilizing a weighted average of the results achieved for that individual standard across the affected drainage areas.
Any stormwater management measure authorized under the municipal stormwater management plan or ordinance shall be reflected in a deed notice recorded in the Office of the Morris County Clerk, Morristown, NJ, in which the development, project, project site, or mitigation area containing the stormwater management measure is located. A form of deed notice shall be submitted to the municipality for approval prior to filing. The deed notice shall contain a description of the stormwater management measure(s) used to meet the green infrastructure, groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at Paragraphs o, p, q and r below and shall identify the location of the stormwater management measure(s) in NAD 1983 State Plane New Jersey FIPS 2900 US feet or latitude and longitude in decimal degrees. The deed notice shall also reference the maintenance plan required to be recorded upon the deed pursuant to § 30-523b5 of this article. Prior to the commencement of construction, proof that the above required deed notice has been filed shall be submitted to the municipality. Proof that the required information has been recorded on the deed shall be in the form of either a copy of the complete recorded document or a receipt from the Clerk or other proof of recordation provided by the recording office. However, if the initial proof provided to the municipality is not a copy of the complete recorded document, a copy of the complete recorded document shall be provided to the municipality within 180 calendar days of the authorization granted by the municipality.
A stormwater management measure approved under the municipal stormwater management plan or ordinance may be altered or replaced with the approval of the municipality, if the municipality determines that the proposed alteration or replacement meets the design and performance standards pursuant to § 30-517 of this article and provides the same level of stormwater management as the previously approved stormwater management measure that is being altered or replaced. If an alteration or replacement is approved, a revised deed notice shall be submitted to the municipality for approval and subsequently recorded with the Office of the Morris County Clerk, Morristown, NJ, and shall contain a description and location of the stormwater management measure, as well as reference to the maintenance plan, in accordance with Paragraph m above. Prior to the commencement of construction, proof that the above required deed notice has been filed shall be submitted to the municipality in accordance with Paragraph m above.
Green infrastructure standards.
This subsection specifies the types of green infrastructure BMPs that may be used to satisfy the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards.
To satisfy the groundwater recharge and stormwater runoff quality standards at Paragraphs p and q below, the design engineer shall utilize green infrastructure BMPs identified in Table 1 at Paragraph f above and/or an alternative stormwater management measure approved in accordance with Paragraph g above. The following green infrastructure BMPs are subject to the following maximum contributory drainage area limitations:
Best Management Practice | Maximum Contributory Drainage Area |
|---|---|
Dry well | 1 acre |
Manufactured treatment device | 2.5 acres |
Pervious pavement systems | Area of additional inflow cannot exceed three times the area occupied by the BMP |
Small-scale bioretention systems | 2.5 acres |
Small-scale infiltration basin | 2.5 acres |
Small-scale sand filter | 2.5 acres |
To satisfy the stormwater runoff quantity standards at Paragraph r below, the design engineer shall utilize BMPs from Table 1 or from Table 2 and/or an alternative stormwater management measure approved in accordance with Paragraph g above.
If a variance in accordance with N.J.A.C. 7:8-4.6 or a waiver from strict compliance in accordance with Paragraph d above is granted from the requirements of this subsection, then BMPs from Table 1, 2, or 3, and/or an alternative stormwater management measure approved in accordance with Paragraph g above may be used to meet the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at Paragraphs p, q and r below.
For separate or combined storm sewer improvement projects, such as sewer separation, undertaken by a government agency or public utility (for example, a sewerage company), the requirements of this subsection shall only apply to areas owned in fee simple by the government agency or utility, and areas within a right-of-way or easement held or controlled by the government agency or utility; the entity shall not be required to obtain additional property or property rights to fully satisfy the requirements of this subsection. Regardless of the amount of area of a separate or combined storm sewer improvement project subject to the green infrastructure requirements of this subsection, each project shall fully comply with the applicable groundwater recharge, stormwater runoff quality control, and stormwater runoff quantity standards at Paragraphs p, q and r below, unless the project is granted a waiver from strict compliance in accordance with Paragraph d above.
Groundwater recharge standards.
This subsection contains the minimum design and performance standards for groundwater recharge as follows:
The design engineer shall, using the assumptions and factors for stormwater runoff and groundwater recharge calculations at § 30-518 of this article, either:
Demonstrate through hydrologic and hydraulic analysis that the site and its stormwater management measures maintain 100% of the average annual preconstruction groundwater recharge volume for the site; or
This groundwater recharge requirement does not apply to projects within the urban redevelopment area, or to projects subject to Paragraph p4 below.
The following types of stormwater shall not be recharged:
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 approved pursuant to the Administrative Requirements for the Remediation of Contaminated Sites rules, N.J.A.C. 7:26C, or Department landfill closure plan and areas; and areas with high risks for spills of toxic materials, such as gas stations and vehicle maintenance facilities; and
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.
Stormwater runoff quality standards.
This subsection contains the minimum design and performance standards to control stormwater runoff quality impacts of major development. Stormwater runoff quality standards are applicable when the major development results in an increase of one-quarter acre or more of regulated motor vehicle surface.
Stormwater management measures shall be designed to reduce the post-construction load of total suspended solids (TSS) in stormwater runoff generated from the water quality design storm as follows:
Eighty percent TSS removal of the anticipated load, expressed as an annual average shall be achieved for the stormwater runoff from the net increase of motor vehicle surface.
If the surface is considered regulated motor vehicle surface because the water quality treatment for an area of motor vehicle surface that is currently receiving water quality treatment either by vegetation or soil, by an existing stormwater management measure, or by treatment at a wastewater treatment plant is to be modified or removed, the project shall maintain or increase the existing TSS removal of the anticipated load expressed as an annual average.
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 Pollutant Discharge Elimination System (NJPDES) rules, N.J.A.C. 7:14A, or in a discharge specifically exempt under a NJPDES permit from this requirement. Every major development, including any that discharge into a combined sewer system, shall comply with Paragraph q2 above, unless the major development is itself subject to a NJPDES permit with a numeric effluent limitation for TSS or the NJPDES permit to which the major development is subject exempts the development from a numeric effluent limitation for TSS.
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 4 below. The calculation of the volume of runoff may take into account the implementation of stormwater management measures.
Table 4 Water Quality Design Storm Distribution | |||||
|---|---|---|---|---|---|
Time (minutes) | Cumulative Rainfall (inches) | Time (minutes) | Cumulative Rainfall (inches) | Time (minutes) | Cumulative Rainfall (inches) |
1 | 0.00166 | 41 | 0.1728 | 81 | 1.0906 |
2 | 0.00332 | 42 | 0.1796 | 82 | 1.0972 |
3 | 0.00498 | 43 | 0.1864 | 83 | 1.1038 |
4 | 0.00664 | 44 | 0.1932 | 84 | 1.1104 |
5 | 0.00830 | 45 | 0.2000 | 85 | 1.1170 |
6 | 0.00996 | 46 | 0.2117 | 86 | 1.1236 |
7 | 0.01162 | 47 | 0.2233 | 87 | 1.1302 |
8 | 0.01328 | 48 | 0.2350 | 88 | 1.1368 |
9 | 0.01494 | 49 | 0.2466 | 89 | 1.1434 |
10 | 0.01660 | 50 | 0.2583 | 90 | 1.1500 |
11 | 0.01828 | 51 | 0.2783 | 91 | 1.1550 |
12 | 0.01996 | 52 | 0.2983 | 92 | 1.1600 |
13 | 0.02164 | 53 | 0.3183 | 93 | 1.1650 |
14 | 0.02332 | 54 | 0.3383 | 94 | 1.1700 |
15 | 0.02500 | 55 | 0.3583 | 95 | 1.1750 |
16 | 0.03000 | 56 | 0.4116 | 96 | 1.1800 |
17 | 0.03500 | 57 | 0.4650 | 97 | 1.1850 |
18 | 0.04000 | 58 | 0.5183 | 98 | 1.1900 |
19 | 0.04500 | 59 | 0.5717 | 99 | 1.1950 |
20 | 0.05000 | 60 | 0.6250 | 100 | 1.2000 |
21 | 0.05500 | 61 | 0.6783 | 101 | 1.2050 |
22 | 0.06000 | 62 | 0.7317 | 102 | 1.2100 |
23 | 0.06500 | 63 | 0.7850 | 103 | 1.2150 |
24 | 0.07000 | 64 | 0.8384 | 104 | 1.2200 |
25 | 0.07500 | 65 | 0.8917 | 105 | 1.2250 |
26 | 0.08000 | 66 | 0.9117 | 106 | 1.2267 |
27 | 0.08500 | 67 | 0.9317 | 107 | 1.2284 |
28 | 0.09000 | 68 | 0.9517 | 108 | 1.2300 |
29 | 0.09500 | 69 | 0.9717 | 109 | 1.2317 |
30 | 0.10000 | 70 | 0.9917 | 110 | 1.2334 |
31 | 0.10660 | 71 | 1.0034 | 111 | 1.2351 |
32 | 0.11320 | 72 | 1.0150 | 112 | 1.2367 |
33 | 0.11980 | 73 | 1.0267 | 113 | 1.2384 |
34 | 0.12640 | 74 | 1.0383 | 114 | 1.2400 |
35 | 0.13300 | 75 | 1.0500 | 115 | 1.2417 |
36 | 0.13960 | 76 | 1.0568 | 116 | 1.2434 |
37 | 0.14620 | 77 | 1.0636 | 117 | 1.2450 |
38 | 0.15280 | 78 | 1.0704 | 118 | 1.2467 |
39 | 0.15940 | 79 | 1.0772 | 119 | 1.2483 |
40 | 0.16600 | 80 | 1.0840 | 120 | 1.2500 |
If more than one BMP in series is necessary to achieve the required 80% TSS reduction for a site, the applicant shall utilize the following formula to calculate TSS reduction:
R = A + B - (A x B)/100 |
Where | ||
R | = | Total TSS percent load removal from application of both BMPs; and |
A | = | The TSS percent removal rate applicable to the first BMP. |
B | = | The TSS percent removal rate applicable to the second BMP. |
Stormwater management measures shall also be designed to reduce, to the maximum extent feasible, the post-construction nutrient load of the anticipated load from the developed site in stormwater runoff generated from the water quality design storm. In achieving reduction of nutrients to the maximum extent feasible, the design of the site shall include green infrastructure BMPs that optimize nutrient removal while still achieving the performance standards in Paragraphs p, q and r hereof.
In accordance with the definition of FW1 at N.J.A.C. 7:9B-1.4, stormwater management measures shall be designed to prevent any increase in stormwater runoff to waters classified as FW1.
The Flood Hazard Area Control Act rules at N.J.A.C. 7:13-4.1(c)1 establish 300-foot riparian zones along Category One waters, as designated in the Surface Water Quality Standards at N.J.A.C. 7:9B, and certain upstream tributaries to Category One waters. A person shall not undertake a major development that is located within or discharges into a 300-foot riparian zone without prior authorization from the Department under N.J.A.C. 7:13.
Pursuant to the Flood Hazard Area Control Act rules at N.J.A.C. 7:13-11.2(j)3.i, runoff from the water quality design storm that is discharged within a 300-foot riparian zone shall be treated in accordance with this subsection to reduce the post-construction load of total suspended solids by 95% of the anticipated load from the developed site, expressed as an annual average.
These stormwater runoff quality standards do not apply to the construction of one individual single-family dwelling, provided that it is not part of a larger development or subdivision that has received preliminary or final site plan approval prior to December 3, 2018, and that the motor vehicle surfaces are made of permeable material(s), such as gravel, dirt, and/or shells.
Stormwater runoff quantity standards.
This subsection contains the minimum design and performance standards to control stormwater runoff quantity impacts of major development.
In order to control stormwater runoff quantity impacts, the design engineer shall, using the assumptions and factors for stormwater runoff calculations at § 30-518 of this article, complete one of the following:
Demonstrate through hydrologic and hydraulic analysis that for stormwater leaving the site, post-construction runoff hydrographs for the current and projected two-, ten-, and 100-year storm events, as defined and determined in § 30-518c and d, respectively, of this article, do not exceed, at any point in time, the preconstruction runoff hydrographs for the same storm events;
Demonstrate through hydrologic and hydraulic analysis that there is no increase, as compared to the preconstruction condition, in the peak runoff rates of stormwater leaving the site for the current and projected two-, ten- and 100-year storm events, as defined and determined in § 30-518c and d, respectively, of this article, 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;
Design stormwater management measures so that the post-construction peak runoff rates for the current and projected two-, ten- and 100-year storm events, as defined and determined in § 30-518c and d, respectively, of this article, are 50%, 75% and 80%, respectively, of the preconstruction 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; or
In tidal flood hazard areas, stormwater runoff quantity analysis in accordance with Paragraph r2(a), (b) and (c) above is required unless the design engineer demonstrates through hydrologic and hydraulic analysis that the increased volume, change in timing, or increased rate of the stormwater runoff, or any combination of the three will not result in additional flood damage below the point of discharge of the major development. No analysis is required if the stormwater is discharged directly into any ocean, bay, inlet, or the reach of any watercourse between its confluence with an ocean, bay, or inlet and downstream of the first water control structure.
The stormwater runoff quantity standards shall be applied at the site's boundary to each abutting lot, roadway, watercourse, or receiving storm sewer system.
§ 30-518 CALCULATION OF STORMWATER RUNOFF AND GROUNDWATER RECHARGE.
[Ord. No. O-25-2018, 7-12-2018; amended 4-13-2021 by Ord. No. O-3-2021; 8-8-2023 by Ord. No. O-11-2023; 3-11-2025 by Ord. No. O-5-2025]
Stormwater runoff shall be calculated in accordance with the following:
The design engineer shall calculate runoff using the following method:
The USDA Natural Resources Conservation Service (NRCS) methodology, including the NRCS Runoff Equation and Dimensionless Unit Hydrograph, as described in Chapters 7, 9, 10, 15 and 16 Part 630, Hydrology National Engineering Handbook, incorporated herein by reference as amended and supplemented. This methodology is additionally described in Technical Release 55 - Urban Hydrology for Small Watersheds (TR-55), dated June 1986, incorporated herein by reference as amended and supplemented. Information regarding the methodology is available from the Natural Resources Conservation Service website at: https://directives.sc.egov.usda.gov/viewerFS.aspx?hid=21422 or at United States Department of Agriculture Natural Resources Conservation Service, New Jersey State Office.
For the purpose of calculating curve numbers and groundwater recharge, there is a presumption that the preconstruction condition of a site or portion thereof is a wooded land use with good hydrologic condition. The term "curve number" applies to the NRCS methodology above at Paragraph a1(a). A curve number or a groundwater recharge land cover for an existing condition may be used on all or a portion of the site if the design engineer verifies that the hydrologic condition has existed on the site or portion of the site for at least five years without interruption prior to the time of application. If more than one land cover has existed on the site during the five years immediately prior to the time of application, the land cover with the lowest runoff potential shall be used for the computations. In addition, there is the presumption that the site is in good hydrologic condition (if the land use type is pasture, lawn, or park), with good cover (if the land use type is woods), or with good hydrologic condition and conservation treatment (if the land use type is cultivation).
In computing preconstruction stormwater runoff, the design engineer shall account for all significant land features and structures, such as ponds, wetlands, depressions, hedgerows, or culverts, that may reduce preconstruction stormwater runoff rates and volumes.
In computing stormwater runoff from all design storms, the design engineer shall consider the relative stormwater runoff rates and/or volumes of pervious and impervious surfaces separately to accurately compute the rates and volume of stormwater runoff from the site. To calculate runoff from unconnected impervious cover, urban impervious area modifications as described in the NRCS Technical Release 55 - Urban Hydrology for Small Watersheds or other methods may be employed.
If the invert of the outlet structure of a stormwater management measure is below the flood hazard design flood elevation as defined at N.J.A.C. 7:13, the design engineer shall take into account the effects of tailwater in the design of structural stormwater management measures.
Groundwater recharge may be calculated in accordance with the following: the New Jersey Geological Survey Report GSR-32, A Method for Evaluating Groundwater-Recharge Areas in New Jersey, incorporated herein by reference as amended and supplemented. Information regarding the methodology is available from the New Jersey Stormwater Best Management Practices Manual, at the New Jersey Geological Survey website at: https://www.nj.gov/dep/njgs/pricelst/gsreport/gsr32.pdf or at New Jersey Geological and Water Survey, 29 Arctic Parkway, PO Box 420 Mail Code 29-01, Trenton, New Jersey 08625-0420.
The precipitation depths of the current two-, ten-, and 100-year storm events shall be determined by multiplying the values determined in accordance with Paragraph c1 and 2 below:
The applicant shall utilize the National Oceanographic and Atmospheric Administration (NOAA), National Weather Service's Atlas 14 Point Precipitation Frequency Estimates: NJ, in accordance with the location(s) of the drainage area(s) of the site. This data is available at: https://hdsc.nws.noaa.gov/hdsc/pfds/pfds_map_cont.html?bkmrk=nj; and
The applicant shall utilize Table 5: Current Precipitation Adjustment Factors below, which sets forth the applicable multiplier for the drainage area(s) of the site, in accordance with the county or counties where the drainage area(s) of the site is located. Where the major development lies in more than one county, the precipitation values shall be adjusted according to the percentage of the drainage area in each county. Alternately, separate rainfall totals can be developed for each county using the values in the table below.
Table 5 Current Precipitation Adjustment Factors | |||
|---|---|---|---|
County | 2-Year Design Storm | 10-Year Design Storm | 100-Year Design Storm |
Morris | 1.01 | 1.03 | 1.06 |
Table 6: Future Precipitation Change Factors provided below sets forth the change factors to be used in determining the projected two-, ten-, and 100-year storm events for use in this chapter, which are organized alphabetically by county. The precipitation depth of the projected two-, ten-, and 100-year storm events of a site shall be determined by multiplying the precipitation depth of the two-, ten-, and 100-year storm events determined from the National Weather Service's Atlas 14 Point Precipitation Frequency Estimates pursuant to Paragraph c1 above, by the change factor in the table below, in accordance with the county or counties where the drainage area(s) of the site is located. Where the major development and/or its drainage area lies in more than one county, the precipitation values shall be adjusted according to the percentage of the drainage area in each county. Alternately, separate rainfall totals can be developed for each county using the values in the table below.
Table 6 Future Precipitation Change Factors | |||
|---|---|---|---|
County | 2-Year Design Storm | 10-Year Design Storm | 100-Year Design Storm |
Morris | 1.23 | 1.28 | 1.46 |
§ 30-519 SOURCES FOR TECHNICAL GUIDANCE.
[Ord. No. O-25-2018, 7-12-2018; amended 4-13-2021 by Ord. No. O-3-2021; 8-8-2023 by Ord. No. O-11-2023; 3-11-2025 by Ord. No. O-5-2025]
Technical guidance for stormwater management measures can be found in the documents listed below, which are available to download from the Department's website at https://dep.nj.gov/stormwater/bmp-manual/.
Guidelines for stormwater management measures are contained in the New Jersey Stormwater Best Management Practices Manual, as amended and supplemented. Information is provided on stormwater management measures such as, but not limited to, those listed in Tables 1, 2, and 3 of this article.
Additional maintenance guidance is available on the Department's website at https://dep.nj.gov/stormwater/maintenance-guidance/.
Submissions required for review by the Department should be mailed to: the Division of Wastershed Protection and Restoration, New Jersey Department of Environmental Protection, Mail Code 501-02A, PO Box 420, Trenton, New Jersey 08625-0420.
§ 30-520 SOLIDS AND FLOATABLE MATERIALS CONTROL STANDARDS.
[Ord. No. O-25-2018, 7-12-2018; amended 4-13-2021 by Ord. No. O-3-2021; 8-8-2023 by Ord. No. O-11-2023; 3-11-2025 by Ord. No. O-5-2025]
Site design features identified under § 30-517f of this article, or alternative designs in accordance with § 30-517g of this article, to prevent discharge of trash and debris from drainage systems 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 Paragraph a2 below.
Design engineers shall use one 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:
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; or
A different grate, if each individual clear space in that grate has an area of no more than seven square inches, or is no greater than 0.5 inch 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 system floors used to collect stormwater from the surface into a storm drain or surface water body.
For curb-opening inlets, including curb-opening inlets in combination inlets, 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 square inches, or be no greater than two inches across the smallest dimension.
The standard in Paragraph a1 above does not apply:
Where each individual clear space in the curb opening in existing curb-opening inlet does not have an area of more than nine square inches;
Where the municipality agrees that the standards would cause inadequate hydraulic performance that could not practicably be overcome by using additional or larger storm drain inlets;
Where flows from the water quality design storm as specified in N.J.A.C. 7:8 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 rectangular space 4 5/8 (4.625) inches long and 1.5 inches wide (this option does not apply for outfall netting facilities); or
A bar screen having a bar spacing of 0.5 inch.
Note that these exemptions do not authorize any infringement of requirements in the residential site improvement standards for bicycle safe grates in new residential development [N.J.A.C. 5:21-4.18(b)2 and N.J.A.C. 5:21-7.4(b)1].
Where flows are conveyed through a trash rack that has parallel bars with one-inch spacing between the bars, to the elevation of the water quality design storm as specified in N.J.A.C. 7:8; or
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.
§ 30-521 SAFETY STANDARDS FOR STORMWATER MANAGEMENT BASINS.
[Ord. No. O-25-2018, 7-12-2018; amended 4-13-2021 by Ord. No. O-3-2021; 8-8-2023 by Ord. No. O-11-2023; 3-11-2025 by Ord. No. O-5-2025]
This section sets forth requirements to protect public safety through the proper design and operation of stormwater management BMPs. This section applies to any new stormwater management BMP.
The provisions of this section are not intended to preempt more stringent municipal or county safety requirements for new or existing stormwater management BMPs. Municipal and county stormwater management plans and ordinances may, pursuant to their authority, require existing stormwater management BMPs to be retrofitted to meet one or more of the safety standards in Paragraphs c1, 2, and 3 below for trash racks, overflow grates, and escape provisions at outlet structures.
Requirements for trash racks, overflow grates and escape provisions.
A trash rack is a device designed to catch trash and debris and prevent the clogging of outlet structures. Trash racks shall be installed at the intake to the outlet from the stormwater management BMP to ensure proper functioning of the BMP outlets in accordance with the following:
The trash rack shall have parallel bars, with no greater than six-inch spacing between the bars;
The trash rack shall be designed so as not to adversely affect the hydraulic performance of the outlet pipe or structure;
The average velocity of flow through a clean trash rack is not to exceed 2.5 feet per second under the full range of stage and discharge. Velocity is to be computed on the basis of the net area of opening through the rack; and
The trash rack shall be constructed of rigid, durable, and corrosion-resistant material and designed to withstand a perpendicular live loading of 300 pounds per square foot.
An overflow grate is designed to prevent obstruction of the overflow structure. If an outlet structure has an overflow grate, such grate shall meet the following requirements:
The overflow grate shall be secured to the outlet structure but removable for emergencies and maintenance.
The overflow grate spacing shall be no greater than two inches across the smallest dimension
The overflow grate shall be constructed and installed to be rigid, durable, and corrosion-resistant, and shall be designed to withstand a perpendicular live loading of 300 pounds per square foot.
Stormwater management BMPs shall include escape provisions as follows:
If a stormwater management BMP has an outlet structure, escape provisions shall be incorporated in or on the structure. Escape provisions include the installation of permanent ladders, steps, rungs, or other features that provide easily accessible means of egress from stormwater management BMPs. With the prior approval of the municipality pursuant to this Paragraph c, a freestanding outlet structure may be exempted from this requirement;
Safety ledges shall be constructed on the slopes of all new stormwater management BMPs having a permanent pool of water deeper than 2 1/2 feet. Safety ledges shall be comprised of two steps. Each step shall be four to six feet in width. One step shall be located approximately 2 1/2 feet below the permanent water surface, and the second step shall be located one to 1 1/2 feet above the permanent water surface. See Paragraph e below for an illustration of safety ledges in a stormwater management BMP; and
In new stormwater management BMPs, the maximum interior slope for an earthen dam, embankment, or berm shall not be steeper than three horizontal to one vertical.
Variance or exemption from safety standard. A variance or exemption from the safety standards for stormwater management BMPs may be granted only upon a written finding by the municipality that the variance or exemption will not constitute a threat to public safety.
Safety ledge illustration.
Elevation View - Basin Safety Ledge Configuration  |
§ 30-522 REQUIREMENTS FOR SITE DEVELOPMENT STORMWATER PLAN.
[Ord. No. O-25-2018, 7-12-2018; amended 4-13-2021 by Ord. No. O-3-2021; 8-8-2023 by Ord. No. O-11-2023; 3-11-2025 by Ord. No. O-5-2025]
Submission of site development stormwater plan.
Whenever an applicant seeks municipal approval of a development subject to this article, the applicant shall submit all of the required components of the Checklist for the Site Development Stormwater Plan at Paragraph c below as part of the submission of the application for approval.
The applicant shall demonstrate that the project meets the standards set forth in this article.
The applicant shall submit five copies of the materials listed in the checklist for site development stormwater plans in accordance with Paragraph c below, unless otherwise directed by the municipality's review engineer. The municipality reserves the right to request greater than five copies if required for proper review and processing.
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 municipality's review engineer to determine if all of the checklist requirements have been satisfied and to determine if the project meets the standards set forth in this article.
Submission of site development stormwater plan. The following information shall be required:
Topographic base map. The reviewing engineer may require upstream tributary drainage system information as necessary. It is recommended that the topographic base map of the site be submitted which extends a minimum of 200 feet beyond the limits of the proposed development, at a scale of one inch equals 200 feet or greater, showing two-foot contour intervals. The map, as appropriate, may indicate the following: existing surface water drainage, shorelines, steep slopes, soils, erodible soils, perennial or intermittent streams that drain into or upstream of the Category One waters, wetlands and floodplains along with their appropriate buffer strips, marshlands and other wetlands, pervious or vegetative surfaces, existing man-made structures, roads, bearing and distances of property lines, and significant natural and man-made features not otherwise shown.
Environmental site analysis. A written and graphic description of the natural and man-made features of the site and its surroundings should be submitted. This description should include a discussion of soil conditions, slopes, wetlands, waterways and vegetation on the site. Particular attention should be given to unique, unusual, or environmentally sensitive features and to those that provide particular opportunities or constraints for development.
Project description and site plans. A map (or maps) at the scale of the topographical base map indicating the location of existing and proposed buildings, roads, parking areas, utilities, structural facilities for stormwater management and sediment control, and other permanent structures. The map(s) shall also clearly show areas where alterations will occur in the natural terrain and cover, including lawns and other landscaping, and seasonal high groundwater elevations. A written description of the site plan and justification for proposed changes in natural conditions shall also be provided.
Land use planning and source control plan. This plan shall provide a demonstration of how the goals and standards of §§ 30-516 through 30-518 of this article are being met. The focus of this plan shall be to describe how the site is being developed to meet the objective of controlling groundwater recharge, stormwater quality and stormwater quantity problems at the source by land management and source controls whenever possible.
Stormwater management facilities map. The following information, illustrated on a map of the same scale as the topographic base map, shall be included:
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 dispose of stormwater.
Details of all stormwater management facility designs, during and after construction, including discharge provisions, discharge capacity for each outlet at different levels of detention and emergency spillway provisions with maximum discharge capacity of each spillway.
Calculations.
Comprehensive hydrologic and hydraulic design calculations for the predevelopment and post-development conditions for the design storms specified in § 30-517 of this article.
When the proposed stormwater management control measures depend on the hydrologic properties of soils or require certain separation from the seasonal high water table, then 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 determine the suitability and distribution of soils present at the location of the control measure.
Maintenance and repair plan. The design and planning of the stormwater management facility shall meet the maintenance requirements of § 30-523 of this article.
Inspection requirements. All structural stormwater management measures shall be inspected at key points during construction by the municipality's designee, typically a member of the review entity, for plan compliance. Inspections shall be coordinated by the developer. These requirements shall be conspicuously indicated on the plan.
Waiver from submission requirements. The municipal official or board reviewing an application under this article may, in consultation with the municipality's review engineer, waive submission of any of the requirements in Paragraphs c1 through c6 above 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.
§ 30-523 MAINTENANCE AND REPAIR.
[Ord. No. O-25-2018, 7-12-2018; amended 4-13-2021 by Ord. No. O-3-2021; 8-8-2023 by Ord. No. O-11-2023; 3-11-2025 by Ord. No. O-5-2025]
Applicability. Projects subject to review as in Subsection 30-514.3 of this article shall comply with the requirements of Paragraphs b and c below.
General maintenance.
The design engineer shall prepare a maintenance plan for the stormwater management measures incorporated into the design of a major development.
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 New Jersey BMP Manual, as well as the tasks specific to the type of BMP, as described in the applicable chapter containing design specifics.
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.
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 that the individual agrees to assume these tasks; however, the individual cannot be legally responsible for all of the maintenance required.
If the party responsible for maintenance identified under Paragraph b3 above is not a public agency, the maintenance plan and any future revisions based on Paragraph b7 below shall be recorded upon the deed of record for each property on which the maintenance described in the maintenance plan must be undertaken.
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 nonvegetated linings.
The party responsible for maintenance identified under Paragraph b3 above shall perform all of the following requirements:
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;
Evaluate the effectiveness of the maintenance plan at least once per year and adjust the plan and the deed as needed; and
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 Paragraphs b7(a) and (b) above.
The requirements of Paragraphs b3 and b4 above 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.
In the event that the stormwater management facility becomes a danger to public safety or public health, or if it is in need of maintenance or repair, the municipality shall notify the responsible person in writing. Upon receipt of that notice, the responsible person shall have 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.
Nothing in this section 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.
§ 30-524 VIOLATIONS AND PENALTIES.
[Ord. No. O-25-2018, 7-12-2018; amended 4-13-2021 by Ord. No. O-3-2021; 8-8-2023 by Ord. No. O-11-2023; 3-11-2025 by Ord. No. O-5-2025]
Any person(s) who erects, constructs, alters, repairs, converts, maintains, or uses any building, structure or land in violation of this article shall be subject to the penalties as set forth in Chapter 1, Article 5, General Penalty.
§ 30-5529 INTENT AND PURPOSE.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
The governing body of Town of Morristown finds that riparian lands adjacent to streams, lakes, or other surface water bodies that are adequately vegetated provide an important environmental protection and water resource management benefit. It is necessary to protect and maintain the beneficial character of riparian areas by implementing specifications for the establishment, protection, and maintenance of vegetation along the surface water bodies within the jurisdiction of the Town of Morristown consistent with the interest of landowners in making reasonable economic use of parcels of land that include such designated areas. The purpose of this article is to designate riparian zones, and to provide for land use regulation therein in order to protect the streams, lakes, and other surface water bodies of the Town of Morristown, to protect the water quality of watercourses, reservoirs, lakes, and other significant water resources within the Town of Morristown, to protect the riparian and aquatic ecosystems of the Town of Morristown, to provide for the environmentally sound use of the land resources of the Town of Morristown, and to complement existing state, regional, county, and municipal stream corridor protection and management regulations and initiatives. The specific purposes and intent of this article are to:
Restore and maintain the chemical, physical, and biological integrity of the water resources of Town of Morristown;
Prevent excessive nutrients, sediment, and organic matter, as well as biocides and other pollutants, from reaching surface waters by optimizing opportunities for filtration, deposition, absorption, adsorption, plant uptake, biodegradation, and denitrification, which occur when stormwater runoff is conveyed through vegetated buffers as stable, distributed flow prior to reaching receiving waters;
Provide for shading of the aquatic environment so as to moderate temperatures, retain more dissolved oxygen, and support a healthy assemblage of aquatic flora and fauna;
Provide for the availability of natural organic matter (leaves and twigs) and large woody debris (trees and limbs) that provide food and habitat for aquatic organisms (insects, amphibians, crustaceans, and small fish), which are essential to maintain the food chain;
Increase streambank stability and maintain natural fluvial geomorphology of the stream system, thereby reducing streambank erosion and sedimentation and protecting habitat for aquatic organisms;
Maintain base flows in streams and moisture in wetlands;
Control downstream flooding; and
Conserve the natural features important to land and water resources, e.g., headwater areas, groundwater recharge zones, floodways, floodplains, springs, streams, wetlands, woodlands, and prime wildlife habitats.
§ 30-5530 STATUTORY AUTHORITY.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
The municipality of the Town of Morristown is empowered to regulate land uses under the provisions of the New Jersey Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., which authorizes each municipality to plan and regulate land use in order to protect public health, safety and welfare by protecting and maintaining native vegetation in riparian areas. The Town of Morristown is also empowered to adopt and implement this section under provisions provided by the following legislative authorities of the State of New Jersey:
Water Pollution Control Act, N.J.S.A. 58:10A-1 et seq.
Water Quality Planning Act, N.J.S.A. 58:11A-1 et seq.
Spill Compensation and Control Act, N.J.S.A. 58:10-23 et seq.
Soil Erosion and Sediment Control Act, N.J.S.A. 4:24-39 et seq.
Flood Hazard Area Control Act, N.J.S.A. 58:16A-50 et seq.
§ 30-5531 ESTABLISHMENT.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
Riparian zones adjacent to all surface water bodies shall be protected from avoidable disturbance and shall be delineated as follows:
The riparian zone shall be 300 feet wide along both sides of any Category One water (C1 water), and all upstream tributaries situated within the same HUC 14 watershed. This includes special water resource protection areas or SWRPAs as defined herein and shown on the USGS quadrangle map or in the County Soil Surveys within the associated HUC 14 drainage, pursuant to the stormwater management rules at N.J.A.C. 7:8-5.5(h).
The riparian zone shall be 150 feet wide along both sides of the following waters not designated as Cl waters:
Any trout production water and all upstream waters (including tributaries);
Any trout maintenance water and all upstream waters (including tributaries) within one linear mile as measured along the length of the surface water body;
Any segment of a water flowing through an area that contains documented habitat for a threatened or endangered species of plant or animal, which is critically dependent on the surface water body for survival, and all upstream waters (including tributaries) within one linear mile as measured along the length of the surface water body; and
Any segment of a surface water body flowing through an area that contains acid-producing soils.
For all other surface water bodies, a riparian zone of 50 feet wide shall be maintained along both sides of the water.
The portion of the riparian zone that lies outside of a surface water body is measured landward from the top of bank. If a discernible bank is not present along a surface water body, the portion of the riparian zone outside the surface water body is measured landward as follows:
Along a linear fluvial or tidal water, such as a stream or swale, the riparian zone is measured landward of the feature's center line;
Along a nonlinear fluvial water, such as a lake or pond, the riparian zone is measured landward of the normal water surface limit;
Along a nonlinear tidal water, such as a bay or inlet, the riparian zone is measured landward of the mean high water line; and
Along an amorphously shaped feature, such as a wetland complex, through which water flows but which lacks a definable channel, the riparian zone is measured landward of the feature's center line.
Where slopes (in excess of 15%) are located within the designated widths, the riparian zone shall be extended to include the entire distance of this sloped area to a maximum of 300 feet.
For areas adjacent to surface water bodies for which the floodway has been delineated per the Flood Hazard Area Control Act rules at N.J.A.C. 7:13-3 or the state's adopted floodway delineations, the riparian zone shall cover the entire floodway area, or the area described in Subsection 30-531a1 or a2 above, whichever area has the greatest extent. Requests for alterations to the adopted delineations can be provided to the New Jersey Department of Environmental Protection for consideration if site specific information is available.
A riparian zone is an overlay to the existing zoning districts. The provisions of the underlying district shall remain in full force except where the provisions of the riparian zone differ from the provisions of the underlying district, in which case the provision that is more restrictive shall apply. These provisions apply to land disturbances resulting from or related to any activity or use requiring application for any of the following permits or approvals:
The applicant or designated representative shall be responsible for the initial determination of the presence of a riparian zone on a site, and for identifying the area on any plan submitted to the Town of Morristown in conjunction with an application for a construction permit, subdivision, land development, or other improvement that requires plan submissions or permits. This initial determination shall be subject to review and approval by the municipal engineer, governing body, or its appointed representative, and, where required, by the New Jersey Department of Environmental Protection.
The municipal Master Plan provides the legal basis for zoning and land use regulation at the local level. The technical foundation for local riparian zones in this municipality should be incorporated into the Master Plan. A technical report on the need for riparian zones in Town of Morristown may be adopted as part of the Master Plan, N.J.S.A. 40:55D-28b. The technical report should include the following information: a statement setting forth the rationale and need to protect riparian zones; and reference to the methods used to designate and delineate riparian zones.
Exemptions. Instead of the riparian zone protection requirements above, the applicant must demonstrate compliance with one of the following:
The proposed project or activity is not in the riparian zone established at § 30-531a1 above;
The proposed disturbance in a riparian zone is for a linear development with no feasible alternative route. If the riparian zone is associated with Category One waters, the linear development must also meet the requirements for special water resource protection areas under the stormwater management rules at N.J.A.C. 7:8-5.5(h);
The proposed disturbance in a riparian zone is in accordance with a stream corridor restoration or streambank stabilization plan or project approved by the New Jersey Department of Environmental Protection;
The proposed disturbance of a riparian zone is necessary to provide for public pedestrian access or water-dependent recreation that meets the requirements of the Freshwater Wetlands Protection Act rules, N.J.A.C. 7:7A, the Flood Hazard Area Control Act rules, N.J.A.C. 7:13, or the Coastal Zone Management rules, N.J.A.C. 7:7E;
The proposed disturbance of a riparian zone is required for the remediation of hazardous substances performed with New Jersey Department of Environmental Protection or federal oversight pursuant to the Spill Compensation and Control Act, N.J.S.A. 58:10-23.11a et seq. or the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. § 9601 et seq.;
The proposed disturbance is for redevelopment that does not exceed the limits of existing impervious surfaces, provided that the hardship was not created by the property owner, that would not permit a minimum economically viable use of the property based upon reasonable investment; and/or
Demonstrate through site plans depicting proposed development and topography that new disturbance is not located in areas with a 20% or greater slope, except as allowed under Paragraph f6 above.
§ 30-5532 USES PERMITTED.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
For riparian zones in Category One waters (C1 waters), permitted uses are governed by the stormwater management rules at N.J.A.C. 7:8-5.5(h) and the Flood Hazard Area Control Act rules, N.J.A.C. 7:13, unless otherwise exempt.
Any other riparian zone area shall remain in a natural condition or, if in a disturbed condition, including agricultural activities, at the time of adoption of this article, may be restored to a natural condition. There shall be no clearing or cutting of trees and brush, except for removal of dead vegetation and pruning for reasons of public safety or for the replacement of invasive species with indigenous species. There shall be no altering of watercourses, dumping of trash, soil, dirt, fill, vegetative or other debris, regrading or construction. The following uses are permitted either by right or after review and approval by the municipality in riparian zones. No new construction, development, use, activity, encroachment, or structure shall take place in a riparian zone, except as specifically authorized in this section. The following uses shall be permitted within a riparian zone:
Open space uses that are primarily passive in character shall be permitted by right to extend into a riparian zone, provided that near stream vegetation is preserved. These uses do not require approval by the Zoning Enforcement Officer or compliance with an approved riparian zone management plan. Such uses include wildlife sanctuaries, nature preserves, forest preserves, fishing areas, game farms, fish hatcheries and fishing reserves, operated for the protection and propagation of wildlife, but excluding structures. Such uses also include passive recreation areas of public and private parklands, including unpaved hiking, bicycle and bridle trails, provided that said trails have been stabilized with pervious materials.
Fences, for which a permit has been issued by the Construction Code Office, to the extent required by applicable law, rule or regulation.
Crossings by farm vehicles and livestock, recreational trails, roads, railroads, stormwater lines, sanitary sewer lines, water lines and public utility transmission lines, provided that the land disturbance is the minimum required to accomplish the permitted use, subject to approval by the Zoning Enforcement Officer, provided that any applicable state permits are acquired, and provided that any disturbance is offset by buffer improvements in compliance with an approved riparian zone management plan and that the area of the crossing is stabilized against significant erosion due to its use as a crossing.
Streambank stabilization or riparian reforestation, which conforms to the guidelines of an approved riparian zone management plan, or wetlands mitigation projects that have been approved by the New Jersey Department of Environmental Protection, subject to approval by the Zoning Enforcement Officer and subject to compliance with an approved riparian zone management plan.
§ 30-5533 PERFORMANCE STANDARDS.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
All encroachments proposed into riparian zones in C1 waters shall comply with the requirements of the stormwater management rules at N.J.A.C. 7:8-5.5(h) and the Flood Hazard Area Control Act rules, N.J.A.C. 7:13, and shall be subject to review and approval by the New Jersey Department of Environmental Protection, unless exempt.
For all other riparian zones, the following conditions shall apply:
All new major and minor subdivisions and site plans shall be designed to provide sufficient areas outside of the riparian zone to accommodate primary structures, any normal accessory uses appurtenant thereto, as well as all planned lawn areas.
Portions of lots within the riparian zone must be permanently restricted by deed or conservation easement held by Town of Morristown, its agent, or another public or private land conservation organization which has the ability to provide adequate protection to prevent adverse impacts within the riparian zone. A complete copy of the recorded conservation restriction that clearly identifies the deed book and pages where it has been recorded in the office of the Clerk of the applicable county or the Registrar of Deeds and Mortgages of the applicable county must be submitted to the municipality. The applicant shall not commence with the project or activity prior to making this submittal and receiving actual approval of the plan modification and receipt of any applicable permits from the New Jersey Department of Environmental Protection. The recorded conservation restriction shall be in the form approved by the municipality and shall run with the land and be binding upon the property owner and the successors in interest in the property or in any part thereof. The conservation restriction may include language reserving the right to make de minimus changes to accommodate necessary regulatory approvals upon the written consent of the municipality, provided that such changes are otherwise consistent with the purpose and intent of the conservation restriction. The recorded conservation restriction shall, at a minimum, include:
A written narrative of the authorized regulated activity, date of issuance, and date of expiration, and the conservation restriction that, in addition, includes all of the prohibitions set forth at N.J.S.A. 13:8B-2b(1) through (7);
Survey plans for the property as a whole and, where applicable, for any additional properties subject to the conservation restrictions. Such survey plans shall be submitted on the surveyor's letterhead, signed and sealed by the surveyor, and shall include metes and bounds descriptions of the property, the site, and the areas subject to the conservation restriction in New Jersey State Plane Coordinates, North American Datum 1983, and shall depict the boundaries of the site and all areas subject to the conservation restriction as marked with flags or stakes on-site. All such survey plans shall be submitted on paper and in digital CAD or GIS file on a media and format defined by the municipality. The flags or stakes shall be numbered and identified on the survey plan; and
A copy or copies of deeds for the property as a whole that indicate the deed book and pages where it has been recorded in the office of the Clerk of the applicable county or the Registrar of Deeds and Mortgages of the applicable county.
Any lands proposed for development which include all or a portion of a riparian zone shall, as a condition of any major subdivision or major site plan approval, provide for the vegetation or revegetation of any portions of the riparian zone which are not vegetated at the time of the application or which were disturbed by prior land uses, including for agricultural use. Said vegetation plan shall utilize native and noninvasive tree and plant species to the maximum extent practicable in accordance with an approved riparian zone management plan, described in § 30-537.
For building lots which exist as of the date of adoption of this article, but for which a building permit or a preliminary site plan approval has not been obtained or is no longer valid, the required minimum front, side, and rear setbacks may extend into the riparian zone, provided that a deed restriction and/or conservation easement is applied which prohibits clearing or construction in the riparian zone.
All stormwater shall be discharged outside of but may flow through a riparian zone and shall comply with the standard for off-site stability in the Standards for Soil Erosion and Sediment Control in New Jersey, established under the Soil Erosion and Sediment Control Act, N.J.S.A. 4:24-39 et seq. (See N.J.A.C. 2:90-1.3.)
If stormwater discharged outside of and flowing through a riparian zone cannot comply with the standard for off-site stability cited in § 30-533b5, then the proposed stabilization measures must meet the requirements of the Flood Hazard Area Control Act rules at N.J.A.C. 7:13-10.2 et seq., and have an approved flood hazard area permit.
§ 30-5534 NONCONFORMING STRUCTURES AND USES.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
Nonconforming structures and uses of land within the riparian zone are subject to the following requirements:
Legally existing but nonconforming structures or uses may be continued.
Any proposed enlargement or expansion of the building footprint within the riparian zone of a C1 water shall comply with the standards in the stormwater management rules at N.J.A.C. 7:8-5.5(h) and the Flood Hazard Area Control Act rules, N.J.A.C. 7:13.c. For all other riparian zones:
Encroachment within the riparian zone shall only be allowed where previous development or disturbance has occurred and shall be in conformance with the stormwater management rules, N.J.A.C. 7:8, and the Flood Hazard Area Control Act rules, N.J.A.C. 7:13.
Existing impervious cover shall not be increased within the riparian zone as a result of encroachments where previous development or disturbances have occurred.
Discontinued nonconforming uses may be resumed any time within one year from such discontinuance but not thereafter when showing clear indications of abandonment. No change or resumption shall be permitted that is more detrimental to the riparian zone, as measured against the intent and purpose under § 30-536, than the existing or former nonconforming use. This one-year time frame shall not apply to agricultural uses that are following prescribed best management practices for crop rotation. However, resumption of agricultural uses must be strictly confined to the extent of disturbance existing at the time of adoption of this article.
§ 30-5535 USES PROHIBITED.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
Any use within a riparian zone of a C1 water shall comply with the standards in the Stormwater Management rules at N.J.A.C. 7:8-5.5(h) and the Flood Hazard Area Control Act rules, N.J.A.C. 7:13.
For other riparian zones, any use or activity not specifically authorized in § 30-532 or 30-534 shall be prohibited within the riparian zone. By way of example, the following activities and facilities are prohibited:
Removal or clear-cutting of trees and other vegetation or soil disturbance, such as grading, except for selective vegetation removal for the purpose of stream or riparian area stabilization or restoration projects that require vegetation removal or grading prior to implementation.
Storage of any hazardous or noxious materials.
Use of fertilizers, pesticides, herbicides, and/or other chemicals in excess of prescribed industry standards or the recommendations of the Soil Conservation District.
Roads or driveways, except where permitted in compliance with § 30-532.
Motor or wheeled vehicle traffic in any area, except as permitted by this article.
Parking lots.
Any type of permanent structure, except structures needed for a use permitted by § 30-532.
New subsurface sewage disposal system areas. The expansion and replacement of existing subsurface sewage disposal system areas for existing uses is permitted.
Residential grounds or lawns, except as otherwise permitted pursuant to this article.
§ 30-5536 ACTIVITIES PERMITTED IN CASE OF NO REASONABLE OR PRUDENT ALTERNATIVE OR EXTREME HARDSHIP.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
For riparian zones in C1 waters, requests for exemptions must be authorized by the New Jersey Department of Environmental Protection, as per the stormwater management rules at N.J.A.C. 7:8-5.5(h) and the Flood Hazard Area Control Act rules, N.J.A.C. 7:13.
For other riparian zones, hardship variances may be granted by the Zoning Board of Adjustment in cases of a preexisting lot (existing at the time of adoption of this article, March 9, 2010) when there is insufficient room outside the riparian zone for uses permitted by the underlying zoning and there is no other reasonable or prudent alternative to placement in the riparian zone, including obtaining variances from setback or other requirements that would allow conformance with the riparian zone requirements, and provided that the following demonstrations are made:
An applicant shall be deemed to have established the existence of an extreme economic hardship, if the subject property is not capable of yielding a reasonable economic return if its present use is continued or if it is developed in accordance with provisions of this section and that this inability to yield a reasonable economic return results from unique circumstances peculiar to the subject property which:
Do not apply to or affect other property in the immediate vicinity.
Relate to or arise out of the characteristics of the subject property because of the particular physical surroundings, shape or topographical conditions of the property involved, rather than the personal situations of the applicant; and are not the result of any action or inaction by the applicant or the owner or his predecessors in title.
The necessity of acquiring additional land to locate development outside the riparian zone shall not be considered an economic hardship unless the applicant can demonstrate that there is no adjacent land that is reasonably available or could be obtained, utilized, expanded or managed in order to fulfill the basic purpose of the proposed activity.
An applicant shall be deemed to have established compelling public need if the applicant demonstrates, based on specific facts, that one of the following applies:
A variance can only be granted if it is shown that the activity is in conformance with all applicable local, state, and federal regulations, including but not limited to the stormwater management rules, N.J.A.C. 7:8, and the Flood Hazard Area Control Act rules, N.J.A.C. 7:13, and that the exception granted is the minimum relief necessary to relieve the hardship.
If such an exception is granted, the applicant shall rehabilitate an environmentally degraded riparian zone area within or adjacent to the same site, and at least equivalent in size to the riparian zone reduction permitted, or, if not possible, rehabilitate or expand a riparian zone area at least equivalent in size within a nearby site and, if available, within the same watershed. Rehabilitation shall include reforestation, streambank stabilization and removal of debris, in accordance with a riparian zone management plan, as described in § 30-537 below.
§ 30-5537 MANAGEMENT PLAN.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
Within any riparian zone, no construction, development, use, activity, or encroachment shall be permitted unless the effects of such development are accompanied by preparation, approval, and implementation of a riparian zone management plan.
The landowner, applicant, or developer shall submit to Planning Board or the Zoning Board of Adjustment, or its appointed representative, a riparian zone management plan prepared by an environmental professional, professional engineer or other qualified professional which fully evaluates the effects of any proposed uses on the riparian zone. The riparian zone management plan shall identify the existing conditions, including:
Existing vegetation.
Field delineated surface water bodies.
Field delineated wetlands.
The 100-year floodplain.
Flood hazard areas, including floodway and flood fringe areas, as delineated by the New Jersey Department of Environmental Protection.
Soil classifications as found on soil surveys.
Existing subdrainage areas of site with HUC (Hydrologic Unit Code) 14 designations.
Slopes in each subdrainage area segmented into sections of slopes less than 15%; above 15% but less than 20%; and steep slopes greater than 20%.
The proposed plan shall describe all proposed uses/activities, and fully evaluate the effects of all proposed uses/activities in a riparian zone, and all proposed management techniques, including proposed vegetation and any other measures necessary to offset disturbances to the riparian zone. A discussion of activities proposed as well as management techniques proposed to offset disturbances and/or enhance the site to improve the riparian zone's ability to function effectively as a riparian zone shall also be included with the riparian zone management plan submittal to the Town of Morristown.
The plan shall be reviewed and must be approved by the Engineer of the Town of Morristown, in consultation with the Environmental Commission, as part of the subdivision and land development process.
The riparian zone management plan must include management provisions in narrative and/or graphic form specifying:
The manner in which the area within the riparian zone will be owned and by whom it will be managed and maintained.
The conservation and/or land management techniques and practices that will be used to conserve and protect the riparian zone, as applicable.
The professional and personnel resources that are expected to be necessary in order to maintain and manage the riparian zone.
A revegetation plan, if applicable, that includes: three layers of vegetation, including herbaceous plants that serve as ground cover, understory shrubs, and trees that, when fully mature, will form an overhead canopy. Vegetation selected must be native, noninvasive species, and consistent with the soil, slope and moisture conditions of the site. The revegetation plan shall be prepared by a qualified environmental professional, landscape architect, or professional engineer, and shall be subject to the approval of the Engineer of the Town of Morristown in consultation with the Environmental Commission. Dominant vegetation in the riparian zone management plan shall consist of plant species that are suited to the riparian zone environment. The Engineer of the Town of Morristown may require species suitability to be verified by qualified experts from the Soil Conservation District, Natural Resources Conservation Service, New Jersey Department of Environmental Protection, US Fish and Wildlife Service and/or state or federal forest agencies.
A riparian zone management plan is not required where the riparian zone is not being disturbed and conservation easements/deed restrictions are applied to ensure that there will be no future clearing or disturbance of the riparian zone.
Performance of the riparian zone management plan shall be guaranteed for a period of at least two years by a surety, such as a bond, cash or letter of credit, which shall be provided to the Town of Morristown prior to the Town of Morristown issuing any permits or approving any uses relating to the applicable use or activity.
§ 30-5538 BOUNDARY INTERPRETATION; APPEALS PROCEDURES; INSPECTIONS; CONFLICTS; SEVERABILITY.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
When a landowner or applicant disputes the boundaries of a riparian zone, or the defined bank-full flow or level, the landowner or applicant shall submit evidence to the Town Engineer that describes the riparian zone, presents the landowner or applicant's proposed riparian zone delineation, and presents all justification for the proposed boundary change, including but not limited to, a verification issued under the Flood Hazard Area Control Act rules at N.J.A.C. 7:13-6, or an approval from the New Jersey Department of Environmental Protection to encroach within the special water resource protection area (SWRPA) of a C1 water pursuant to the stormwater management rules at N.J.A.C. 7:8-5.5(h)1ii.
Within 45 days of a complete submission of Paragraph a above, the Engineer of the Town of Morristown, or appointed representative, shall evaluate all material submitted and shall make a written determination, a copy of which shall be submitted to Planning Board or the Zoning Board of Adjustment and the landowner or applicant. Failure to act within the forty-five-day period shall not be interpreted to be an approval of the proposed boundary change.
Any party aggrieved by any such determination or other decision or determination under Paragraph b may appeal to the Town Council of the Town of Morristown under the provisions of this section. The party contesting the location of the riparian zone boundary shall have the burden of proof in case of any such appeal.
Any party aggrieved by any determination or decision of the Town Engineer under this section may appeal to the Town Council of the Town of Morristown. The party contesting the determination or decision shall have the burden of proof in case of any such appeal.
Inspections.
Lands within or adjacent to an identified riparian zone shall be inspected by the Town Engineer when:
The riparian zone may also be inspected periodically by representatives from the Town of Morristown if excessive or potentially problematic erosion is present, other problems are discovered, or at any time when the presence of an unauthorized activity or structure is brought to the attention of municipal officials or when the downstream surface waters are indicating reduction in quality.
Conflicts. All other ordinances, parts of ordinances, or other local requirements that are inconsistent or in conflict with this article are hereby superseded to the extent of any inconsistency or conflict, and the provisions of this article apply.
Severability.
Interpretation. This article shall be so construed as not to conflict with any provision of New Jersey or federal law.
Notwithstanding that any provision of this article is held to be invalid or unconstitutional by a court of competent jurisdiction, all remaining provisions of the article shall continue to be of full force and effect
The provisions of this article shall be cumulative with, and not in substitution for, all other applicable zoning, planning and land use regulations.
§ 30-5539 Enforcement.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
A prompt investigation shall be made by the appropriate personnel of the Town of Morristown of any person or entity believed to be in violation hereof. If, upon inspection, a condition which is in violation of this article is discovered, a civil action in the Special Part of the Superior Court, or in the Superior Court, if the primary relief sought is injunctive or if penalties may exceed the jurisdictional limit of the Special Civil Part, by the filing and serving of appropriate process. Nothing in this article shall be construed to preclude the right of the Town of Morristown, pursuant to N.J.S.A. 26:3A2-25, to initiate legal proceedings hereunder in Municipal Court. The violation of any section or subsection of this article shall constitute a separate and distinct offense independent of the violation of any other section or subsection, or of any order issued pursuant to this article. Each day a violation continues shall be considered a separate offense.
§ 30-5540 Purpose.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
The purpose of this article is to regulate the outdoor application of fertilizer so as to reduce the overall amount of excess nutrients entering waterways, thereby helping to protect and improve surface water quality. This article does not apply to fertilizer application on commercial farms.
§ 30-5541 BASIS AND BACKGROUND.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
Elevated levels of nutrients, particularly phosphorus, in surface water bodies can result in excessive and accelerated growth of algae and aquatic plants (eutrophication). Excessive plant growth can result in diurnal variations and extremes in dissolved oxygen and pH, which, in turn, can be detrimental to aquatic life. As algae and plant materials die off, the decay process creates a further demand on dissolved oxygen levels. The presence of excessive plant matter can also restrict use of the affected water for recreation and water supply. While healthy vegetated areas are protective of water quality by stabilizing soil and filtering precipitation, when fertilizers are applied to the land surface improperly or in excess of the needs of target vegetation, nutrients can be transported by means of stormwater to nearby waterways, contributing to the problematic growth of excessive aquatic vegetation. Most soils in New Jersey contain sufficient amounts of phosphorus to support adequate root growth for established turf. Over time, it is necessary to replenish available phosphorus, but generally not at the levels commonly applied. Other target vegetation, such as vegetable gardens and agricultural/horticultural plantings, will have a greater need for phosphorus application, as will the repair or establishment of new lawns or cover vegetation. A soils test and fertilizer application recommendation geared to the soil and planting type is the best means to determine the amount of nutrients to apply. Timing and placement of fertilizer application is also critical to avoid transport of nutrients to waterways through stormwater runoff. Fertilizer applied immediately prior to a runoff-producing rainfall, outside the growing season or to impervious surfaces is most likely to be carried away by means of runoff without accomplishing the desired objective of supporting target vegetation growth. Therefore, the management of the type, amount and techniques for fertilizer application is necessary as one tool to protect water resources. This section does not apply to application of fertilizer on commercial farms, but improper application of fertilizer on farms would be problematic as well. Stewardship on the part of commercial farmers is needed to address this potential source of excess nutrient load to water bodies. Commercial farmers are expected to implement best management practices in accordance with conservation management plans or resource conservation plans developed for the farm by the Natural Resource Conservation Service and approved by the Soil Conservation District Board.
§ 30-5542 PROHIBITED CONDUCT.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
No person may do any of the following:
Apply fertilizer when a runoff-producing rainfall is occurring or predicted and/or when soils are saturated and a potential for fertilizer movement off-site exists.
Apply fertilizer to an impervious surface. Fertilizer inadvertently applied to an impervious surface must be swept or blown back into the target surface or returned to either its original or another appropriate container for reuse.
Apply fertilizer within the buffer of any water body.
Apply fertilizer more than 15 days prior to the start of or at any time after the end of the recognized growing season, i.e., March 1 to November 15.
Phosphorus fertilizer application.
No person may do the following:
Apply phosphorus fertilizer in outdoor areas except as demonstrated to be needed for the specific soils and target vegetation in accordance with a soils test and the associated annual fertilizer recommendation issued by Rutgers Cooperative Research and Extension.
Exceptions.
Application of phosphorus fertilizer needed for:
Establishing vegetation for the first time, such as after land disturbance, provided that the application is 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;
Reestablished or repairing a turf area.
Application of phosphorus fertilizer that delivers liquid or granular fertilizer under the soils surface, directly to the feeder roots.
Application of phosphorus fertilizer to residential container plantings, flower beds, or vegetable gardens.
Enforcement. This article shall be enforced by the Department of Public Works, Engineering, Planning and Development of the Town of Morristown.
Violations and penalties. Any person(s) found to be in violation of the provisions of this article shall be subject to a fine not to exceed $2,000.
§ 30-543 PURPOSE.
[Added 3-11-2025 by Ord. No. O-4-2025]
The purpose of this article is to prevent stored salt and other solid de-icing materials from being exposed to stormwater.
This article establishes requirements for the storage of salt and other solid de-icing materials on properties not owned or operated by the municipality (privately-owned), including residences, in the Town of Morristown to protect the environment, public health, safety and welfare, and to prescribe penalties for failure to comply.
§ 30-544 DEFINITIONS.
[Added 3-11-2025 by Ord. No. O-4-2025]
For the purpose of this article, 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 consistent 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.
Means any flake, granular, or solid material such as melting salt or any other granular solid that assists in the melting of snow.
Means a surface that has been covered with a layer of material so that it is highly resistant to infiltration by water.
Means a permanent building or permanent structure that is anchored to a permanent foundation with an impermeable floor, and that is completely roofed and walled (new structures require a door or other means of sealing the accessway from wind-driven rainfall).
A fabric frame structure is a permanent structure if it meets the following specifications:
Concrete blocks, jersey barriers or other similar material shall be placed around the interior of the structure to protect the side walls during loading and unloading of de-icing materials;
The design shall prevent stormwater run-on and run-through, and the fabric cannot leak;
The structure shall be erected on an impermeable slab;
The structure cannot be open sided; and
The structure shall have a roll up door or other means of sealing the accessway from wind-driven rainfall.
Means any individual, corporation, company, partnership, firm, association, or political subdivision of this state subject to municipal jurisdiction.
Means a person who resides on a residential property where de-icing material is stored.
Means any point of entry into the storm sewer system, including, but not limited to various inlet types, culverts, pipes, and any other opening.
§ 30-545 DE-ICING MATERIAL STORAGE REQUIREMENTS.
[Added 3-11-2025 by Ord. No. O-4-2025]
Temporary outdoor storage of de-icing materials in accordance with the requirements below is allowed between October 15th and April 15th, provided that:
Loose materials shall be placed on a flat, impervious surface in a manner that prevents stormwater run-through;
Loose materials shall be placed at least 50 feet from surface water bodies, storm drain inlets, ditches and/or other stormwater conveyance channels;
Loose materials shall be maintained in a cone-shaped storage pile. If loading or unloading activities alter the cone-shape during daily activities, tracked materials shall be swept back into the storage pile, and the storage pile shall be reshaped into a cone after use;
Loose materials shall be covered as follows:
The cover shall be waterproof, impermeable, and flexible;
The cover shall extend to the base of the pile(s);
The cover shall be free from holes or tears;
The cover shall be secured and weighed down around the perimeter to prevent removal by wind; and
Weight shall be placed on the cover(s) in such a way that minimizes the potential of exposure as materials shift and runoff flows down to the base of the pile.
Sandbags lashed together with rope or cable and placed uniformly over the flexible cover, or poly-cord nets provide a suitable method. Items that can potentially hold water (e.g., old tires) shall not be used;
Containers must be sealed when not in use; and
The site shall be free of all de-icing materials between April 16th and October 14th.
De-icing materials shall be stored in a permanent structure if a suitable storage structure is available. For storage of loose de-icing materials in a permanent structure, such storage may be permanent, and thus not restricted to October 15 to April 15.
All such temporary and/or permanent structures must also comply with all other federal, state, and local code requirements regarding location, construction, and use, including building and zoning regulations.
The property owner, or owner of the de-icing materials if different, shall designate a person(s) responsible for operations at the site where these materials are stored outdoors, and who shall document that weekly inspections are conducted to ensure that the conditions of this article are met. Inspection records shall be kept on site and made available to the municipality upon request.
Residents who operate businesses from their homes that utilize de-icing materials are required to perform weekly inspections.
§ 30-546 EXEMPTIONS.
[Added 3-11-2025 by Ord. No. O-4-2025]
Residents and businesses may store de-icing materials outside in a solid-walled, closed container that prevents precipitation from entering and exiting the container, and which prevents the deicing materials from leaking or spilling out. Under these circumstances, weekly inspections are not necessary, but repair or replacement of damaged or inadequate containers shall occur within two weeks.
If containerized (in bags or buckets) de-icing materials are stored within a permanent structure, they are not subject to the storage and inspection requirements in § 30-545 above. Piles of de-icing materials are not exempt, even if stored in a permanent structure.
This article does not apply to facilities where the stormwater discharges from de-icing material storage activities are regulated under another New Jersey Pollutant Discharge Elimination System Municipal Stormwater Regulation Program permit.
§ 30-547 ENFORCEMENT.
[Added 3-11-2025 by Ord. No. O-4-2025]
This article shall be enforced by the Director of Code Enforcement or his designee during the course of ordinary enforcement duties.
§ 30-548 Violations And Penalties.
[Added 3-11-2025 by Ord. No. O-4-2025]
Any person(s) who is found to be in violation of the provisions of this article shall have 72 hours to complete corrective action. Repeat violations and/or failure to complete corrective action shall result in fines as follows: $200 for first offense, $350 for second offense, $500 for third offense and enforcement from the New Jersey Department of Environmental Protection.