Create a site-plan requirement that minimizes off-site drainage, and is incentivized by an optional coverage bonus
Stormwater runoff, without proper control, can lead to serious pollution problems. There are a number of actions that a municipality can take to control the amount of stormwater runoff produced, other than expensive infrastructure developments, one of which being a Permeable Driveway Ordinance. A Permeable Driveway ordinance is a site-plan requirement that minimizes off-site drainage, and is incentivized by an optional coverage bonus.
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ADVISORY POLICY MEMO Re: Permeable Parking & Driveways
Incentivizing all new development to include permeable driveways and parking lots is a simple and efficient way to address the growing risks of storm related flooding. Stormwater runoff, especially in days with heavy rainfall, can lead to flooding and polluted drinking water. In order to decrease the amount of stormwater that washes into a city or town’s drainage system, more permeable surfaces can be built to better absorb rainfall. Building driveways and parking areas with permeable surfaces can significantly reduce the amount of stormwater runoff produced. Adopting an ordinance incentivizing the use of permeable materials when building driveways and parking areas is an efficient way to reduce stormwater runoff.
During periods of rainfall, water that isn’t absorbed into the ground or other surfaces washes into city or town drainage systems and can wash pollutants into the drinking water. Urban areas are often characterized by various impermeable surfaces like concrete streets, buildings, cars, and other surfaces that do not absorb water. As rain falls, water runs off of those impermeable surfaces into storm drains, carrying with it various pollutants from the surface. During periods of heavy rainfall, the unabsorbed polluted water can build up in the drainage system and the overflow can end up in rivers and drinking water. This is especially true for cities which use joint sewer systems where sewage water and stormwater flow through the same source.
Creating a more absorbent environment is an efficient way to reduce the effects of stormwater runoff and flooding. Stormwater runoff can cause a lot of problems, particularly in cities with older drainage systems. There are ways, however, to absorb more rain water in order to release it at a slower, more manageable pace. Cities have installed rain barrels, planted shade trees, designed “green roofs” and developed permeable driveways and parking areas. Rather than pay hundreds of millions of dollars for an entirely new drainage system, cities and towns can reduce stormwater runoff in cheaper yet efficient ways.
Requiring new developers to use permeable material for driveways and parking areas is an efficient way for a municipal government to reduce stormwater runoff without creating a burden on its budget. Using permeable materials to build driveways and parking areas is efficient because it transforms what was once a major cause of stormwater runoff into a tool to prevent it. Requiring new development to include environmentally safe practices helps improve the long-term condition of a municipality’s environment. Furthermore, the municipality does not have to embark on an expensive initiative to execute the practice since the cost will be paid by private parties. Municipalities, therefore, should adopt permeable driveway ordinances in an effort to improve the environment in a way that does not put a strain on the government.
MODEL ORDINANCE ESTABLISHING GUIDELINES FOR PERMEABLE ROAD AND DRIVEWAY CONSTRUCTION
WHEREAS, the Governing Body recognizes that stormwater runoff which is controlled through traditional infrastructure can result in increased municipal maintenance costs as well as create costly flooding issues; and
WHEREAS, the Governing Body recognizes the need to provide options other than traditional infrastructure to help control such stormwater runoff; and
WHEREAS, a low impact development alternative to traditional infrastructure is natural drainage systems.
NOW THEREFORE BE IT ORDAINED by the (Municipal Governing Body), of (County) and the State of New Jersey that [enter name of new section of ordinance] is hereby enacted as follows:
SECTION 1. Non-Residential Development
(1) Applicants seeking site plan approval for all non-residential development shall be required to construct all parking areas and access drives of permeable material acceptable to the Board Engineer. (2) Any Applicant utilizing permeable materials shall be entitled to seek a building coverage bonus to assist in facilitating its construction.
(3) Any building coverage bonus associated with an application before the municipal Planning Board shall be considered permitted and not require relief pursuant to either N.J.S.A. 40:55D-70 or N.J.S.A. 40:55D-51.
SECTION 2. Residential Development
(1) Any Application for new residential development shall be required to construct all individual driveways of permeable material acceptable to the Board Engineer and consistent with all relevant requirements contained in the Residential Site Improvement Standards, N.J.A.C. 5:21 et seq.
(2) Any Applicant utilizing permeable materials shall be entitled to seek a building coverage bonus to assist in facilitating its construction.
(3) Any building coverage bonus associated with an application before the municipal Planning Board shall be considered permitted and not require relief pursuant to either N.J.S.A. 40:55D-70 or N.J.S.A. 40:55D-51.
SECTION 3. All ordinances or parts thereof which are inconsistent or in conflict with the provisions of this ordinance or any part thereof are hereby repealed to the extent of said inconsistency or conflict.
SECTION 4. Severability and Effectiveness Clause: If any sentence, paragraph or section of this ordinance, or the application thereof to any persons or circumstances shall be adjudged by a court of competent jurisdiction to be invalid, or if by legislative action any sentence, paragraph or section of this ordinance shall lose its force and effect, such judgment or action shall not affect, impair or void the remainder of this ordinance.
SECTION 4. This Ordinance shall take effect as provided by law.