Current through Register Vol. 56, No. 18, September 16, 2024
(a) Any local unit that establishes a
stormwater utility pursuant to
N.J.S.A.
40A:26B-1 et seq., shall submit, concurrent
with the adoption of the local unit's annual budget, an annual stormwater
utility report to both the Division of Local Government Services in the
Department of Community Affairs and the Department of Environmental Protection.
The stormwater utility report shall be certified by the chief financial
officer.
(b) The stormwater utility
report shall contain the following information for the local unit's prior and
current budget years:
1. Service area of the
local unit's stormwater utility;
2.
Schedule of stormwater fees, other charges, and credits established by the
local units, including whether the rate structure is individually calculated,
tiered, or a uniform flat fee. If the rate structure is individually
calculated, the calculation method shall be described;
3. Billing frequency and whether the local
unit directly bills tenants of a property;
4. The number of properties that are subject
to stormwater fees and other charges, including rights-of-way and easements
regardless of whether or not they are assigned a lot and block
number;
5. Total realized and
anticipated revenues from stormwater fees and other charges;
6. The number of properties granted credits
or exemptions from any fees or charges broken down by land use type, including,
but not necessarily limited to, residential, commercial, industrial, and
agricultural, along with the cumulative value of credits granted to properties
of each land use type. The term "properties" shall include rights-of-way and
easements regardless of whether or not they are assigned a lot and block
number;
7. A breakdown of credits
by the following types:
i. A property
maintaining and operating a stormwater management system complying with the
State and local stormwater management standards that were in place at the time
the system was approved and that effectively reduces, retains, or treats
stormwater onsite;
ii. A property
that has installed and is operating and maintaining current stormwater best
management practices that reduce, retain, or treat stormwater onsite and which
are approved by the local unit establishing the stormwater utility;
and
iii. Any property that has
installed and is operating and maintaining green infrastructure that reduces,
retains, or treats stormwater onsite and that exceeds any requirements for
green infrastructure that may be applicable to that property pursuant to any
rule or regulation adopted by the Department of Environmental Protection or the
local stormwater control ordinance;
8. The percentage and amount of revenues from
fees and other charges appropriated and spent on each of the following
purposes:
i. Initial establishment of the
stormwater utility;
ii.
Administrative support;
iii.
Capital expenditures, including planning, design, engineering, acquisition,
construction, and improvement of the stormwater management system;
and
iv. Any action required
pursuant to any New Jersey Pollutant Discharge Elimination System Permit,
including the following:
(1) Development and
implementation of an asset management program for the stormwater management
system, a stormwater management plan, and stormwater control ordinances
pursuant to
N.J.S.A.
40:55D-93;
(2) Any long-term control plan to mitigate
combined sewer overflows pursuant to State or Federal law, rule, regulation,
permit, or consent decree;
(3)
Other capital expenditures;
(4)
Operation and maintenance expenditures of the stormwater management
system;
(5) Shared services
agreements with other local units;
(6) Monitoring, inspection, and enforcement
activities related to stormwater management and mitigation; and
(7) Public education and outreach related to
stormwater management;
9. FCOA codes used for stormwater
utility-related revenues and appropriations in the local unit's
budget;
10. All capital projects
listed in the capital budget and program that are related to stormwater
management and mitigation;
11.
Whether there is an asset management plan for the stormwater management system
in place or one currently under development; and
12. Methods of stormwater management-related
public education and outreach that are being undertaken by the local
unit.
(c) The stormwater
utility report shall contain the following information for the local unit's
prior budget year:
1. A list of all fully
implemented stormwater capital projects; and
2. Broken down by land use type, the number
of properties for which tax liens attributable to delinquent stormwater charges
were sold, the number of properties for which delinquent stormwater charges
remained unsold at tax sale and were struck off to the municipality, and the
average arrearage amount.
(d) The chief financial officer shall
electronically submit a certified copy of the stormwater utility report to the
Director of the Division of Local Government Services through the Division's
Financial Automation Submission Tracking (FAST) system, together with all
relevant information and documentation as prescribed in this section or as
otherwise may be required by the Director or the Department of Community
Affairs.
