Permeable Parking and Driveway Areas

STEP 1: Research. Find out if your municipality has already amended the municipal site plan guidelines to require new construction of driveways and parking areas to use permeable materials. You can do this by calling your Municipal Clerk and asking them, you can also file an Open Public Records (OPRA) request. To file a OPRA request, obtain a copy of the OPRA form from your Municipal Clerk. Think about what documents you would need to answer any questions relating to your presentation. Note that a request must be made for documents that exist, a clerk is not required to provide information or to create a new document. The clerk has seven days to respond to your request. Here is a sample of the documents you would ask for in an OPRA request relating to establishing a Permeable Parking and Driveway Area: 1. Development Requests relating to driveways and parking permeability requirements 2. Development Regulations relating to parking reserves for open space preservation 3. Available studies, reports, or other information related to the amount of stormwater runoff generated by the city/town STEP 2: Get insider tips to increase chances of adoption. Free online class & coaching will prepare you to make your proposal. Take the free Citizen Legislator class which teaches you how to successfully gain adoption of a law at thecitizenscampaign.org/citizen_legislator. Contact Renee at The Citizens Campaign for any assistance or to request a coach: Renee@thecitizenscampaign.org or (732) 548-9798 x9.

STEP 3: Organize and Empower! Recruit others & build support Invite your friends, family, and colleagues to join you in the effort to improve the environment of your community. Organize a meet-up, coffee klatch, or conference call and The Citizens Campaign team will teach you and your friends how to make a successful presentation to your local governing body.

STEP 4: Make a Proposal Suggested Presentation Statement Once youve finished your research and organized your neighbors and friends, you are ready to make a presentation. Download the model proposal from The Citizens Campaigns best practices menu. Pick a date and notify the media you are making a presentation and proposal to the municipality. Send an email to your local officials and municipal clerk with a copy of the proposal, any supplementary materials, as well as the date you will be making the presentation. Make sure to copy The Citizens Campaign on this email. Sample Presentation Statement Hello, my name is _____________. I am a citizen of__________ and I live at ___________. I am a graduate of The Citizens Campaign, a non-partisan organization that educates citizens to exercise a no-blame approach and offer constructive solutions to help their towns and school districts work better and cost less. I am here tonight to present a model ordinance developed by The Citizens Campaigns Law & Policy Task Force requiring new residential and non-residential developments to include permeable driveways and parking areas in order to reduce stormwater runoff. I have sent all the members of the Governing Body a copy of the model ordinance, as well as a memorandum written by The Citizens Campaigns Legal Task Force, which describes how the ordinance works. I will provide copies for members of the press and public as well. The ordinance I am proposing would incentivize all new developments that include a driveway and parking lot to be built with permeable material. When it rains, especially with heavy rain, there is a significant amount of water that runs off impermeable surfaces and into the city/town drainage system. It is important to decrease the amount of stormwater runoff that we produce. By incentivizing applicants for new developments to construct their driveways and parking areas with permeable materials, we can reduce the amount of stormwater runoff generated. Impermeable parking areas and driveways dont absorb water, and contribute to the stormwater pollution, just like any other impermeable surface. Permeable driveways and parking areas actually absorb rainwater, decreasing the amount of water being drained at a given time. Decreasing the amount and pace of stormwater runoff reduces the potential for flooding and saves money on public drainage facility treatments. The ordinance I am proposing provides an incentive for developers to use permeable materials. Applicants for development permits can apply for a coverage bonus to assist in their construction. This ordinance does not require the city/town to take any kind of expensive action or undergo drastic change. The ordinance only applies to new development, and would help the city/town to take steps towards improving our environment and reduce flooding without costing the city/town any money. I believe this ordinance provides an efficient, simple way to the growing threat of storm damage from flooding.

450 Main Street Metuchen, NJ 08840 TEL: (732) 548-9798 www.TheCitizensCampaign.org

MEMO Re: Permeable Parking & Driveways By: The Citizens Campaign Law and Policy Task Force 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 towns 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 isnt 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 stormdrains, 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 most cities in New Jersey 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 municipalitys 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 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.

ADOPTED AND APPROVED [DATE] _____________________ [Name of Mayor]

Attest:

_____________________ [Name of Clerk]