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Mountainside adopts DEP-based stormwater control ordinance requiring green infrastructure and maintenance plans
Summary
The borough adopted Ordinance 1337-2025 on Feb. 18, 2025, updating Chapter XXII to incorporate portions of the New Jersey DEP model stormwater control ordinance; it emphasizes green infrastructure, groundwater recharge, an 80% TSS removal target and mandatory maintenance plans and deed notices for major developments.
Mountainside’s Mayor and Council voted unanimously on Feb. 18 to adopt Ordinance 1337-2025, a broad update to the borough code that incorporates parts of the New Jersey Department of Environmental Protection’s model stormwater control ordinance.
The ordinance revises Chapter XXII, Article 14 to apply new stormwater requirements to ‘‘major development’’ and borough projects. It prioritizes green infrastructure Best Management Practices (GI BMPs) and low-impact development strategies to preserve natural hydrology, reduce runoff volume and improve groundwater recharge. The code lists approved GI BMPs and tables showing when specific BMPs are presumed to meet performance standards when designed to the New Jersey Stormwater Best Management Practices (BMP) Manual.
Under the ordinance the design engineer for a major development must either demonstrate that the site maintains 100% of preconstruction groundwater recharge or that the increase in two-year storm runoff is infiltrated. For motor vehicle surfaces that meet the ordinance threshold, stormwater controls must achieve an annual-average total suspended solids (TSS) reduction of 80% from the water-quality design storm. The ordinance also requires designs to avoid adverse impacts to documented threatened or endangered species habitat and includes exemptions and waiver procedures for certain linear and public projects.
New submission and design rules require NRCS-based runoff calculations and use of NOAA Atlas 14 precipitation values with county-specific adjustment and future-change factors. The code requires maintenance plans for stormwater measures, deed notices recorded in the Union County Clerk’s Office describing installed BMPs and the maintenance responsibilities, and provides a process for municipal enforcement, including notice and potential municipal remediation with costs billed back to the responsible party.
The ordinance includes safety standards for basins (trash racks, overflow grates, escape provisions), detailed construction and inspection requirements, and a provision that manufactured treatment devices meet Department certification. It also clarifies that municipal approvals do not relieve applicants of obtaining other required permits.
Councilman Van Deusen moved and Councilwoman Wass seconded final passage after a public hearing (the hearing record shows no members of the public spoke on the ordinance). The council recorded a unanimous roll-call vote in favor. The ordinance takes effect immediately upon final passage and publication as provided by law.
Why it matters: The update aligns Mountainside’s local code with state stormwater rules and establishes clearer technical, maintenance and recording requirements that will affect developers, municipal projects and property owners undertaking ‘‘major development’’ as defined in the ordinance. The recorded provisions on deed notices and maintenance plans create longer-term obligations tied to property records.
