Storm Protection Planning Board Resolution Back to Menu Of Solutions

Recommend steps be taken to better plan for more intense storms and flooding, to effectively reduce the impact of such events in your community

After weather events like Superstorm Sandy, it has become apparent that storm and flood events cannot be treated as isolated incidents, and studies have predicted increased rainfall and major storm incidents in the next decade. These changes will cause a dramatic rise in the number and severity of flooding events, which reduces the quality of life, causes costly property damage, and deters economic growth. Municipalities must assess their vulnerabilities and engage in planning and development of storm resilient infrastructure. This is of vital importance to the sustainability and future growth of New Jersey’s cities and all cities throughout our nation. Responsible planning can attract and promote current development, can position a city for federal and state grants, and can safeguard against future flooding incidents. The model resolution will provide the foundation for implementing both land use ordinances and redevelopment plans that will safeguard our cities against future natural disasters.

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STORM AND FLOOD PROTECTION

POLICY STATEMENT

Re: Planning Board Resolution for Comprehensive Storm and Flood Protection

After Superstorm Sandy, it has become apparent that storm and flood events cannot be treated as isolated incidents. Municipalities must assess their vulnerabilities and engage in planning and development of storm resilient infrastructure. This is of vital importance to the sustainability and future growth of New Jersey’s cities. 

A recent federal Climate Assessment report specifically identified the vulnerability of cities in the northeast region of the United States to the impacts of climate change.  Extreme precipitation events and coastal flooding are predicted to increase in the years to come, which have the potential to cause devastating damage to a city’s infrastructure, buildings, and public areas. 

Understanding and accepting the realities of climate change and rising sea levels is the first step in planning for the future of our cities. The next step involves identifying specific policies and tools which can be used at the local level in order to move toward storm resiliency and an economically viable future.  The master plan is a policy document which guides the use and development of land within a municipality.  It expresses the goals and objectives a municipality has for development.  A master plan contains several elements which are relevant to storm protection planning.

The Master Plan should be adjusted to articulate a clear policy concerning storm protection and storm water management.  This will provide the foundation for implementing both land use ordinances as well as redevelopment plans that have widespread economic, environmental, and social benefits. 

Not only will responsible and innovative planning safeguard against flooding, it will also attract and promote development, cut spending in capital costs and maintenance, create green jobs, and, perhaps most importantly, position a city for federal and state grants.  In addition to federal and state infrastructure grants, there are other sources of funding that a city can pursue, such as state pooling of municipal bonds, partnering with other local governments to leverage funding for joint projects, forming public-private partnerships, or non-governmental grants such as those offered by the United Water Foundation, an American water company dedicated to encouraging innovative environmental programs. A municipality can also generate capital dollars by charging commercial property owners for the amount of offsite storm water drainage their developments generate, and can seek subsidized, low-cost funding from the New Jersey Environmental Infrastructure Financing Program administered by the NJDEP to accelerate water infrastructure projects. 

Generally, cities and water utilities seeking state and local political support for innovative approaches to sustainability should aim to achieve early, visible successes, including changes in local policy that facilitate implementation of tangible solutions. This Master Plan Amendment would be a foundational success in resiliency planning and should be adopted by New Jersey municipalities. Storm resiliency should not be viewed as a bar to development, rather it seeks to advance responsible planning and design criteria to better attract development and economic opportunities, and safeguard our cities against future natural disasters.

RESOLUTION IN FURTHERANCE OF COMPREHENSIVE STORM & FLOOD PROTECTION IN A MUNICIPALITY

WHEREAS, studies have predicted increased rainfall and flooding, as well as increased major storm incidents in the next decade; and

WHEREAS, these changes will cause a dramatic rise in the number and severity of flooding events unless steps are taken to improve management of floods and storm water, and

WHEREAS, such flooding reduces the quality of life of residents, causes costly property damage and deters economic growth; and

WHEREAS, the City’s combined sanitary and sewer system presents distinct challenges during storms and heavy rainfall within [Municipality]; and

WHEREAS, the New Jersey Department of Environmental Protection will soon issue a permit that requires [Municipality] to adopt a Combined Sewer Overflow Long Term Control Plan specifying how it will upgrade its sewer and storm water infrastructure to reduce combined sewer overflows; and

WHEREAS, the Planning Board has exclusive jurisdiction to evaluate and amend the municipal master plan, including its many elements relevant to storm and flood resiliency planning, and is statutorily empowered to provide recommendations for improvements to the city’s development regulations; and

WHEREAS, the adequacy and capacity of drainage infrastructure (both green and grey) within [Municipality] is of vital importance in preventing flooding during heavy rainfall events, and is a critical tool for reducing combined sewer overflows; and

WHEREAS, comprehensive flood and storm protection planning and flood management development regulations put the City in a better position to obtain storm and drainage related grants and lower cost funding; and

WHEREAS, [Municipality] seeks to become a leader in storm resiliency by initiating an innovative and comprehensive approach to storm protection planning.

NOW, THEREFORE, BE IT RESOLVED by the [Municipality] Planning Board that:

  1. The goals and objectives of the Master Plan under N.J.S.A. 40:55D-28b(1) be re-evaluated in light of: 
    1. Risks associated with increases in rainfall, flooding, and related impacts of climate change; and
    2. Requirements of the Combined Sewer Overflow Long Term Control Plan including system monitoring, a public participation process, evaluation and selection of combined sewer overflow control alternatives; and
    3. Best practices in storm water management and protection against flooding, particularly green infrastructure
  1. The storm water management plan be evaluated to consider projected increases in precipitation, storms and sea level rise, and appropriate measures to reduce these impacts, especially through green infrastructure; and
  1. The land use element components set forth at N.J.S.A. 40:55D-28b(2) be reviewed to consider the type, density, and intensity of development existing and future flood prone areas and in designated flood zones, wetlands and related natural areas; and
  1. The utility service plan set forth at N.J.S.A. 40:55D-28b(5) or other plan elements of similar jurisdiction be reviewed to address drainage and flood control facilities, as well as sewer and waste treatment and storm water management that are relevant to storm resiliency planning and the Long Term Control Plan; and
  1. The conservation plan set forth at N.J.S.A. 40:55D-28b(8) or other plan elements of similar jurisdiction be evaluated regarding protections for areas that provide natural storm protection.

BE IT FURTHER RESOLVED by the [Municipality] Planning Board that it hereby recommends that: 

  1. Design criteria of [Municipality] development regulations be adopted specifically addressing flood resiliency and helping reduce storm water runoff and combined sewer overflows including, but not limited to, the use of green infrastructure wherever appropriate.  (See note 1 in addendum for a list of green techniques)
  1. For all site plan and subdivision applications not deemed to be minor under the City’s development regulations, the applicant shall be required to submit a “Storm Resiliency Statement” which includes a detailed written description indicating how the development has addressed storm water and flood impacts.
  1. The municipal storm water control ordinance be reviewed to ensure that development and redevelopment projects manage storm water effectively, and in a manner consistent with the municipal master plan.

BE IT FURTHER RESOLVED by the [Municipality] Planning Board that it hereby recommends that the City Government and the Board of Education, in conjunction with the Planning Board and any other relevant non-profits and city agencies, explore measures to reduce the amount of drainage entering the combined sewer system in [Municipality] using a variety of techniques. (See note 2 in the addendum for a list of possible techniques); and,

Recognizing that coordination and collaboration represent an effective process of addressing issues of storm water and sewer overflow, the Planning Board further recommends that there be such collaboration

  1. Among [Municipality] departments, agencies and non-profits regarding planning and capital investments that can advance green infrastructure projects, including the [Municipality] Department of Public Works, its divisions, bureaus and utilities, the departments of transportation, parks, planning and engineering where applicable; and
  2. With other municipalities in the hydraulically connected combined sewer system, in order to combine their resources to develop, submit and implement a single Long Term Control Plan; and
  3. With other combined sewer system municipalities to explore best practices for the Long Term Control Plan that will ensure regulatory compliance in a cost-effective manner and with the greatest additional community benefits

BE IT FURTHER RESOLVED by the [Municipality] Planning Board, that it recommends that all sources of funding, whether in the public or private sector, be explored to plan for and implement the storm and flood protection measures described in this resolution in order that the City be considered a prime candidate for all available funding sources. (See note 3 in the addendum for a list of possible funding sources) 

ADDENDUM TO RESOLUTION

Note 1: List of green infrastructure techniques:

  1. Pervious pavement, where appropriate; 
  2. Vegetative swales providing bio-remediation of runoff and reduction of storm water volumes flowing into the City’s sewers;
  3. Rain barrels and cisterns which can reduce runoff and be used for irrigation and other non-potable water needs;
  4. Green roofs to capture rain water and prevent runoff;
  5. Green gutters to provide greater water infiltration; 
  6. Storm water planters on sidewalks to channel storm water from the street into the planter and then to inlets;
  7. Storm water bump-outs to collect water for distribution to other inlets;
  8. Tree plantings, including street trees, which extend along the length of subsurface trenches and can help infiltrate storm water;
  9. Tree canopies to intercept rainfall through leaves and branches;
  10. Bio-retention basins and rain gardens on site to maximize infiltration;
  11. Sediment traps to avoid the clogging of storm and sewer drains;
  12. Vegetation and shade trees to break up large areas of pavement. 

Note 2: Techniques that can be utilized to reduce the amount of drainage entering the sewer system:

  1. Water conservation; 
  2. Design elements for government owned property including items in note 1(a through l) above
  3. Reducing infiltration and inflow, including assessing the current integrity of water infrastructure using techniques such as: 
    1. Smoke testing, in which non-toxic odorless smoke is pumped into the sewer system to reveal the locations of inflow and infiltration;
    2. Dye testing, to identify the origin of water that is accessing the system;
    3. Developing a sewer rehabilitation program to replace outdated manholes and laterals;
    4. Pipe-bursting method of putting a new pipe into the old pipe causing the old pipe to burst;
    5. Cured in place pipe;
    6. Relining existing pipes;
    7. Green infrastructure, as listed in Note 1 above.  

Note 3: Possible opportunities and avenues to explore for funding of the recommendations made in the Resolution:

  • Subsidized low-cost funding from the New Jersey Environmental Infrastructure Financing Program administered by the NJDEP to accelerate water infrastructure projects
  • Forming public-private partnerships via joint ventures and the like
  • Redevelopment agreements can include sharing of costs of impacts on infrastructure
  • Incorporate requirements for large scale developments to include measures for preventing offsite storm water drainage impacts
  • Non-governmental foundation grants such as those offered by the United Water Foundation, an American water company dedicated to encouraging innovative environmental programs
  • State pooling of municipal bonds
  • Partnering with other local governments to leverage funding for joint projects
  • In-kind support from non-governmental entities
  • Include a “Storm Water/Sewer Impact Plan” requirement in any RFP’s 
  • Federal, State and County infrastructure grants

MODEL RESOLUTION – NON-COMBINED SANITARY/SEWER SYSTEMS

“Resolution in Furtherance of Comprehensive Storm & Flood Protection in [Municipality]” 

WHEREAS, studies have predicted increased rainfall and flooding, as well as increased major storm incidents in the next decade; and 

WHEREAS, these changes will cause a dramatic rise in the number and severity of flooding events in New Jersey unless steps are taken to improve management of floods and storm water; and 

WHEREAS, such flooding reduces the quality of life of residents, causes costly property damage and deters economic growth; and 

WHEREAS, the Planning Board is statutorily empowered to provide recommendations for improvements to the City’s development regulations, and has exclusive jurisdiction to evaluate and amend the municipal master plan, including its many elements relevant to storm and flood resiliency planning; and 

WHEREAS, the adequacy and capacity of drainage infrastructure (both green and grey) within [Municipality] is of vital importance in preventing flooding during heavy rainfall events; and 

WHEREAS, comprehensive flood and storm protection planning and flood management development regulations put the City in a better position to obtain storm and drainage related grants and lower cost funding; and 

WHEREAS, [Municipality] seeks to become a leader in storm resiliency by initiating an innovative and comprehensive approach to storm protection planning. 

NOW, THEREFORE, BE IT RESOLVED by the [Municipality] Planning Board that: 

1. The goals and objectives of the Master Plan under N.J.S.A. 40:55D-28b(1) be reevaluated in light of: a. Risks associated with increases in rainfall, flooding, and related impacts of climate change; and b. Best practices in storm water management and protection against flooding 

2. The land use element components set forth at N.J.S.A. 40:55D-28b(2) be reviewed to consider the type, density, and intensity of development in flood prone areas and in designated flood zones, wetlands and related natural areas; and 

3. The utility service plan set forth at N.J.S.A. 40:55D-28b(5) be reviewed to address drainage and flood control facilities, as well as sewer and waste treatment and storm water management that are relevant to storm resiliency planning; and 

4. The conservation plan set forth at N.J.S.A. 40:55D-28b(8) be evaluated regarding protections for areas that provide natural storm protection. 

BE IT FURTHER RESOLVED by the [Municipality] Planning Board that it hereby recommends that: 

1. Design criteria of [Municipality] development regulations be adopted, specifically addressing storm and flood resiliency and helping to reduce stress on the city’s wastewater infrastructure, that will promote the goals and objectives expressed in the Master Plan, including, but not limited to, where appropriate, the use of green infrastructure techniques. (See note 1 in addendum for a list of green techniques) 

2. The application checklist ordinance be amended to require a “Storm Resiliency Statement” for all site plan and subdivision applications not deemed to be minor under the City’s development regulations, and which shall include a detailed analysis of how the application has incorporated the storm and flood resiliency goals of the master plan. 

BE IT FURTHER RESOLVED by the [Municipality] Planning Board that it hereby recommends that the City Government and the Board of Education, in conjunction with the Planning Board and any other relevant non-profits and city agencies, explore measures to reduce the amount of drainage entering the sewer system in [Municipality] using a variety of techniques. (See note 2 in the addendum for a list of possible techniques); and, 

Recognizing that coordination and collaboration represent an effective process of addressing issues of storm water and sewer overflow, the Planning Board further recommends that there be such collaboration 

a. Among [Municipality] departments, agencies and non-profits regarding planning and capital investments that can advance green infrastructure projects, including the [Municipality] Department of Public Works, its divisions, bureaus and utilities; and 

b. With other municipalities to explore best practices for storm resiliency that will ensure regulatory compliance in a cost-effective manner and with the greatest additional community benefits 

BE IT FURTHER RESOLVED by the [Municipality] Planning Board, that it recommends that all sources of funding, whether in the public or private sector, be explored to plan for and implement the storm and flood protection measures described in this resolution in order that the City be considered a prime candidate for all available funding sources. (See note 3 in the addendum for a list of possible funding sources)