Borough of Ridgefield, NJ Site Plan Details and Design Standards

Editor's Note: See Parts 1, 4 and 3, respectively, of this chapter.

Editor's Note: See Parts 1 and 3 of this chapter.

	I CONSENT TO THE FILING OF THIS SITE PLAN WITH THE PLANNING BOARD (BOARD OF ADJUSTMENT) OF THE BOROUGH OF RIDGEFIELD.
	Applicant	Date

	Site Plan of
	Address

	I HEREBY CERTIFY THAT I HAVE PREPARED THE SITE PLAN AND THAT ALL DIMENSIONS AND INFORMATION ARE CORRECT.
	Title and License No.

General. In reviewing any site plan, the municipal agency shall consider the following:

The design and layout of buildings and parking areas shall be reviewed so as to provide an aesthetically pleasing design and efficient arrangement. Particular attention shall be given to safety and fire protection; impact on surrounding development, contiguous and adjacent buildings and lands; and environmental and ecological considerations.

(2)

Buffering, where required, shall be located around the perimeter of the site to minimize headlights of vehicles, noise, light from structures and the movement of people and vehicles and to shield activities from adjacent properties.

(3)

Pedestrian and vehicular traffic movement within and adjacent to the site, with particular emphasis on the provision and layout of parking areas, off-street loading and unloading and movement of people, goods and vehicles from access roads, within the site between buildings and between buildings and vehicles. The municipal agency shall ensure that all parking spaces are usable and safely and conveniently arranged. Access to the site from adjacent roads shall be designed so as to interfere as little as possible with traffic flow on these roads and to permit vehicles a rapid and safe ingress and egress to the site.

(4)

Adequate lighting shall be provided to ensure safe movement of persons and vehicles and for security purposes. Lighting standards shall be a type approved by the municipal agency. Directional lights shall be arranged so as to minimize glare and reflection on adjacent properties.

(5)

Landscaping, screening and planting. The following amendment is intended to protect and maintain property values throughout the Borough of Ridgefield and particularly in residential zones adjacent to properties used for business, industrial and/or other special uses.

(a)

Uses requiring screening. Screening in accordance with the schedule set forth in Subsection A(5)(d) below shall be required for the following uses:

[1]

Business uses in business zones adjacent to Residential Zones A and B.

[2]

Nonresidential uses in residential zones by reason of variance as granted by the Board of Adjustment.

[3]

Special exception uses granted by the Board of Adjustment on original applications or as alterations or additions to such existing areas.

[4]

Any nonresidential use in a residential zone as a requisite for continuation of a legally nonconforming use status.

[5]

Residential uses in business zones.

[6]

Any parking area accommodating 10 or more cars.

(b)

Uses requiring planting. Planting in accordance with the schedule set forth in Subsection A(5)(d) below shall be required for all nonresidential uses.

(c)

Exceptions. Screening and planting regulations may be wholly or partly abrogated if the Building Inspector makes a finding, in writing, that the required effect is accomplished by natural topography and/or natural site features.

(d)

Screening and Planting Schedule:

Type	Location	Use
A	Multiple residential development Business zones	All
B	Multiple residential development Business zones Commercial zones Industrial zones	All
C	Rear yards Side yards	Nonresidential parking, loading, work and storage areas
D	Street side yards Front yards	Nonresidential parking
E	Parking lots with 10 or more cars grouped in any general area	Parking
F	Side yards unless covered in other sections Front yards	Special exception and nonresidential

(e)

Planting Specifications.

[1]

Type A planting. The desired effect is partial visual screening. Material shall consist of shade trees or a combination of shade and flowering trees with one tree for each 25 feet zero inches of yard length (measured parallel to the property line). Trees shall be located in islands of at least 25 square feet planted with ground cover or in a continuous landscaped strip 10 feet zero inches wide.

[2]

Type B planting. The desired effects of this planting are partial visual screening and spatial separation. Planting material shall consist of evergreens, shade trees and flowering trees with one tree for each 25 feet zero inches of yard length (as defined in Subsection A(5)(e)[1] above). Trees may be planted in groups.

[3]

Type C planting. The desired effect of this planting is complete visual screening of parking lots and loading areas. All screening shall be at least six feet high and shall consist of a screening hedge, fence or wall, or combination thereof. The planting strip will be at least five feet zero inches wide and located as to allow maintenance from either side.

[4]

Type D planting. The desired effects of this planting are complete visual screening and spatial separation. Plant material shall consist of at least one large tree for each 25 feet zero inches of yard length (as defined in Subsection [1] above) and of a screening hedge, fence or wall having a maintained height of not less than two feet zero inches nor more than three feet zero inches. One-half (1/2) of the trees shall be evergreens. Trees may be planted in groups; however, the space between trees or groups shall not exceed 50 feet zero inches. The trees shall be planted between the screen hedge, fence or wall and the property line.

[5]

Type E planting. The desired effects of this type planting are to screen interiors of large parking lots and to provide shade for the protection of pedestrians and vehicles. Plant material shall consist of one shade tree for every 10 cars. The trees shall be evenly distributed throughout the parking lot and shall be set in squares which are flush with the pavement. Proper protection shall be required.

[6]

Type F planting. The desired effect of this planting is the landscaping of business properties. Planting shall consist of evergreens, shade trees and other plant materials with a minimum of one tree for every 25 feet zero inches of yard length. Trees may be planted in groups.

(f)

General regulations.

[1]

It is the intent of these regulations to maintain property values in the Borough. New construction in any zone (A through F) does not necessarily mean wholesale destruction of existing plant life on a building site. Every effort shall be made to protect and save trees, shrubs and the like where possible. Review of the existing survey by the Building Inspector shall help determine the saving of existing plant life.

[2]

Planting plans of both new and existing plant life to remain shall be shown on the site plan.

[3]

New plant materials shall conform to the accepted species list for the Northeastern Zone of the United States, as published by the American Institute of Landscaping Architects or the Nursery Association.

[4]

Plantings required by these regulations shall be kept in healthy growing condition. Plantings that do not fulfill the intent of these regulations shall be replaced by the property owner during the planting season most imminent.

[5]

Screening hedges, fences or walls shall be maintained by the property owner so that they fulfill the intent of these regulations.

[6]

All landscaping in parking lots shall be protected from vehicular damage.

[7]

No trees shall be required in any yard of five feet zero inches or less or in any yard 10 feet zero inches or less which is being used as a driveway.

[8]

To ensure harmony throughout the Borough and to maintain a standard deserving of the Ridgefield Borough, the following standards shall apply:

[a]

Deciduous trees: two feet two inches in caliper, measured one foot zero inches up from the ball.

[b]

Evergreens: minimum three feet zero inches to four feet zero inches high, measured from ball.

[c]

The use of whips will not be accepted as required planting.

(6)

Pedestrian circulation within a parking area shall be, to as great an extent as possible, separated from vehicular traffic. Safety zones, crossing points and sidewalk areas, where warranted, shall be provided.

(7)

Garbage disposal shall be reviewed to ensure frequent collection, protection against vermin and rodents and aesthetic considerations. All systems shall meet municipal specifications as to installation and construction.

(8)

Signs shall be designed so as to be aesthetically pleasing and harmonious with other signs on the site and located so as to achieve their purpose without constituting hazards to vehicles and pedestrians.

(9)

The use of pedestrian carts or other similar accessory vehicles shall not be permitted to be retained within the driving area of the parking facility.

(10)

Location of driveways. All entrance and exit driveways to a public or private street shall be so located to afford maximum safety to said roadway.

(11)

Parking.

(a)

Site plans shall be drawn to a scale of not less than one inch equals 50 feet and shall include a North arrow, adjacent streets, owner and potential user of the property, signature block and a note indicating that detailed plans of sidewalks, curbs and ramps are to be approved by the Department of Public Works.

(b)

Any area used for parking or loading of motor vehicles shall include the number of spaces determined by the Building Inspector in accordance with the parking and loading regulations of the Zoning Ordinance, as amended,[1] and shall be designed to provide the minimum parking space area set forth in the following table:

Dimensions for Parking Layouts
				Overall Width of Parking Bay
Angle	Stall Depth (feet)	Aisle Width (feet)	Aisle for General Circulation (feet)	Double (feet)	Double with General Circulation (feet)
0°	9.0	12	--	--	--
20°	15.4	12	22	43	53
30°	17.8	12	22	48	58
40°	19.7	12	22	52	62
45°	20.5	13	23	54	64
50°	21.0	13	23	55	65
60°	21.7	18	28	62	72
70°	21.7	19	29	63	73
80°	21.3	25	35	68	78
90°	20.0	25	35	65	75

[1]

Editor's Note: See Part 1 of this chapter.

(c)

The dimension of a parking stall shall be at least nine feet zero inches by 20 feet zero inches, except that it may be reduced to eight feet six inches by 20 feet zero inches if the Building Inspector judges that the parked car will remain in that location at least three hours (nontransient).

(d)

All parking and loading areas shall be paved with an asphaltic or concrete surfacing and shall have appropriate permanent bumper guards. Curb bumpers are preferable to barrier-type bumpers. Provisions should be made to prevent vehicles from overhanging sidewalk areas. Except for driveways and loading areas facing the building itself, parking, driveways, entrances and other loading areas shall properly protect adjacent areas against headlight glare by means of a fence, wall or hedge having a maintained height of not less than two feet nor more than three feet, except that said fence, wall or hedge shall be maintained at a height of not less than six feet on the side of the lot adjoining a residential zone. This requirement shall constitute a specific exception to the fence height requirements of the Zoning Ordinance of the Borough of Ridgefield.[2] The area between the property line and fence, wall or hedge shall be planted with lawn, shrubs and/or flowers and continuously maintained in good condition.

[2]

Editor's Note: See Part 1 of this chapter.

(e)

Sidewalks connecting all building entrances/exits, parking or loading areas and general pedestrian access in and around the site shall be a minimum of six feet in width and paved with a suitable surface for its entire length. Parking stalls will not be permitted directly in front of exit/entrances to the building(s). Street sidewalks shall conform to the latest regulations of the Department of Public Works.

(f)

Curb cuts shall conform to Borough regulations as well as those imposed by state or county authority. Authorization shall be secured prior to the issuance of a building permit. Depressed curbs at access points shall be indicated.

(g)

Access drives should cross sidewalks and enter public streets at right angles. Parking areas should be designed to prevent backing across sidewalks along the street frontage.

(h)

Hidden accessways shall be so marked for both vehicular as well as pedestrian traffic.

(i)

Landscaping and tree planting is encouraged. All street-tree planting shall comply with regulations of the Department of Public Works, and all trees indicated on the site plan shall be on the approved list of plantings for this planting zone as published by the American Society of Landscape Architects.

(j)

Signs shall conform to the sign regulations of the Zoning Ordinance of the Borough of Ridgefield, as amended.[3]

[3]

Editor's Note: See Part 1 of this chapter.

(k)

An enclosed rubbish area shall be provided and screened from public view.

(12)

Storm drainage, sanitary waste disposal, water supply and garbage disposal shall be reviewed and considered. Particular emphasis shall be given to the adequacy of existing systems and the need for improvements to adequately carry runoff and sewage and maintain an adequate supply of water at sufficient pressure.

(13)

Aisle widths. Provisions shall be made for the safe and adequate circulation of pedestrians and vehicles within and adjoining the subject property. The width of all aisles providing direct access to individual parking stalls shall be in accordance with standards of this Part 4 and of the Borough.

(14)

Geometric design. The geometric design of a driveway connection to a public or private street shall be governed by sound traffic engineering principles. The foregoing principles and guidelines are to be utilized in preparing a geometric design, but some deviation may be necessitated from time to time due to the many variables encountered in the course of preparing a design. The applicant should be aware, therefore, that, although the driveway layout may conform to these principles and guidelines, conditions may dictate deviations from them, and requirements of the Borough Engineer shall be final.

(15)

Any vertical curve on a driveway shall be flat enough to prevent the dragging of any vehicle undercarriage and shall provide a clear view of traffic on the street intersecting with said driveway.

(16)

Should the sidewalk be so close to the curb at a depressed curb driveway as to cause the ramp to be too steep and be likely to cause undercarriage drag, the sidewalk shall be appropriately lowered to provide a suitable ramp gradient.

(17)

Circulation within parking areas.

(a)

Except for attendant parking, all parking spaces shall be designed free and clear of any obstruction to individual parking stalls.

(b)

Such parking spaces shall be located in such a fashion as to permit all vehicles to exit same in a safe and orderly manner. Under no condition shall vehicles be permitted to back out of a parking lot driveway or otherwise block the free movement of traffic within the parking area or specific points of safety control, such as fire hydrants, doorways, elevators or other similar locations.

(c)

Aisle widths and circulation pattern shall be designed to permit emergency and service vehicles, such as delivery trucks, solid waste collection vehicles and the like, to have reasonable access to and space for their intended functions.

(18)

Curbing at driveway openings. Where a proposed driveway is to serve any land development of five or more parking spaces, curbing need not be carried across the driveway opening as a depressed curb, but rather may be swept back at curb returns. Where the driveway serves a facility having less than five parking spaces, a depressed curb driveway shall be utilized.

(19)

Buffer areas, fencing, screening and landscaping. buffer areas, planting strips, fencing and screening may be required by the municipal agency to ensure privacy and harmonious conditions between adjoining land uses. The municipal agency shall approve a landscaping plan, which shall include the type of material to be used, the height of such improvements, the seasonal nature of any plant materials and the maintenance of same. Landscaping may include the use of trees, shrubs, ground cover, plants, sculpture, art and other ornamental devices and the use of building and paving materials in an imaginative manner.

(20)

Curbing in general. Where curbing is lacking, an applicant for site plan approval shall install curbing along the extent of all property fronting public and private streets, in accordance with the standards and specifications of the Borough of Ridgefield.

(21)

The surface of any driveway shall be constructed with a permanent pavement of a type or types specified by standards set by the Borough Engineer. Such pavement shall extend to the paved portion of the public street pavement.

(22)

Alignment and grade. The alignment and grade of curbing is to be determined by that established or existing in the area, unless otherwise indicated by the Borough Engineer.

(23)

Utility improvements. Gas, electric and telephone service shall be provided by the applicant in concert with the appropriate public utility providing such service. Said service on the site shall be provided as a part of an underground system. If such facilities cannot be reasonably provided due to topographic or geologic condition of the land or due to technological circumstances, and where the applicant can adequately demonstrate the lack of feasibility of same to the satisfaction of the municipal agency, a waiver of this requirement may be granted by the municipal agency. Where existing utility lines, such as electric and telephone poles, exist off the site and require relocation as a result of the proposed development, the municipal agency shall be assured that said relocation will not create or maintain any hazardous or dangerous conditions.

(24)

Noise control. Provision shall be made for the elimination of all noise not in conformity with Chapter 275, Noise, of the Code of the Borough of Ridgefield emanating from the property to the general public and adjoining properties.

[Amended 7-23-2001 by Ord. No. 1749]

(25)

Refuse collection. Provision shall be made for the proper storage and collection of refuse. All such storage shall be maintained within the confines of an enclosed building or structure and shall be reasonably accessible for vehicular collection on the site. The Ridgefield Board of Health may review and approve the location and method of collection on the site.

(26)

Illumination.

(a)

All exterior lighting for buildings, signs and parking areas shall not produce any glare beyond the property lines of the site and shall, where appropriate, be screened or oriented in such a fashion as to prevent same.

(b)

Such lighting shall not be permitted which requires a flashing or intermittent illumination. Lighting which requires change in color, intensity or hue shall likewise be prohibited except when completely shielded from the external segments of the property.

(c)

Said lighting shall in no way interfere with, detract from or diminish in any way the ef-fectiveness of any traffic signal or similar safety or warning device.

(27)

Water supply and sanitary sewage disposal. Adequate provisions for water supply and sanitary sewage disposal shall be indicated. Said facilities shall include and shall not be limited to approvals, where appropriate, of the Borough Engineer, Building Inspector, Department of Health and Fire Department. The locations of all proposed fire hydrants or similar facilities shall be indicated on the plan, and said areas shall provide for appropriate fire lanes or protective areas which shall not be impeded by parking or standing vehicles or other obstructions. The location and construction of said hydrants shall comply with applicable Fire Department regulations.

(28)

Stormwater drainage.

(a)

Each site plan submitted to the municipal agency shall be reviewed by the Borough Engineer to establish requirements to prevent adverse drainage conditions both on and off the site.

(b)

The drainage system shall be designed in conformance with accepted engineering standards. To facilitate the review of proposed drainage facilities for development, design calculations prepared by the applicant's engineer shall accompany the application.

(c)

The design considerations shall include and not be limited to drainage areas, runoff calculations, storm drains, pipelines, inlet designs and manholes.

(d)

Unless otherwise stipulated by the Borough Engineer, drainage facilities shall be designed on the basis of a one-hundred-year storm, using a one-hour intensity of two inches.

(29)

Each site plan submitted shall ensure that the streets laid out in the subdivision or land development are of sufficient width and suitable grade and are suitably located to accommodate prospective traffic and to provide access for fire-fighting and emergency equipment to buildings and are coordinated so as to compose a convenient system consistent with the Official Map and circulation element of the Master Plan, where adopted; provided, however, that no street of a width greater than 50 feet within the right-of-way lines shall be required unless said street constitutes an extension of an existing street of a greater width or already has been shown at a greater width on the Master Plan or on the Official Map.

(30)

Each site plan submitted shall include and delineate actual or potential flood hazards and proposed measures for alleviating actual or potential flooding conditions which do or could pose a danger to life or property.

(31)

Each site plan submitted shall set forth measures proposed to protect and conserve soil from erosion by wind or water or from excavation or grading.

(32)

Each site plan submitted shall seek to preserve, to the fullest extent practicable, the existing natural resources of the site.

(33)

Each site plan submitted shall ensure and certify that the layout or arrangement of the subdivision or land development is consistent in all respects with the requirements of the Zoning Ordinance.[4]

[4]

Editor's Note: See Part 1 of this chapter.

Notwithstanding the requirements herein, the municipal agency may permit a deviation from the final plan if complete compliance cannot be achieved by reason of a change of conditions beyond the control of the development since the date of final approval and if the deviation would not substantially alter the character of the development or substantially impair the intent and purpose of the Master Plan and Zoning Ordinance.

Provisions for storage of source-separated recyclable materials in new multifamily housing developments.

[Added 1-24-1994 by Ord. No. 1504]

(1)

Definitions. As used in this subsection, the following terms shall have the meanings indicated:

MULTIFAMILY HOUSING DEVELOPMENT

A building containing three or more dwelling units occupied or intended to be occupied by persons living independently of each other, or a group of such buildings.

RECYCLING AREA

Space allocated for collection and storage of source-separated recyclable materials.

(2)

There shall be included in any new multifamily housing development that requires subdivision or site plan approval an indoor or outdoor recycling area for the collection and storage of residentially generated recyclable materials. The dimensions of the recycling area shall be sufficient to accommodate recycling bins or containers which are of adequate size and number and which are consistent with anticipated usage and with current methods of collection in the area in which the project is located. The dimensions of the recycling area and the bins or containers shall be determined in consultation with the Municipal Recycling Coordinator and shall be consistent with the District Recycling Plan adopted pursuant to Section 3 of P.L. 1987, c. 102 (N.J.S.A. 13:1E-99.13) and any applicable requirements of the Municipal Master Plan, adopted pursuant to Section 26 of P.L. 1987, c. 102.[5]

[5]

Editor's Note: See N.J.S.A. 40:55D-28.

(3)

The recycling area shall be conveniently located for the residential disposition of source-separated recyclable materials, preferably near, but clearly separated from, a refuse dumpster.

(4)

The recycling area shall be well lit and shall be safely and easily accessible by recycling personnel and vehicles. Collection vehicles shall be able to access the recycling area without interference from parked cars or other obstacles. Reasonable measures shall be taken to protect the recycling area, and the bins or containers placed therein, against theft of recyclable materials, bins or containers.

(5)

The recycling area or the bins or containers placed therein shall be designed so as to provide protection against adverse environmental conditions which might render the collected materials unmarketable. Any bins or containers which are used for the collection of recyclable paper or cardboard and which are located in an outdoor recycling area shall be equipped with a lid, or otherwise covered, so as to keep the paper or cardboard dry.

(6)

Signs clearly identifying the recycling area and the materials accepted therein shall be posted adjacent to all points of access to the recycling area. Individual bins or containers shall be equipped with signs indicating the materials to be placed therein.

(7)

Landscaping and/or fencing shall be provided around any outdoor recycling area and shall be developed in an aesthetically pleasing manner.

[Added 12-27-2005 by Ord. No. 1964; amended 3-22-2021 by Ord. No. 2405; 12-13-2021 by Ord. No. 2422]

Scope and purpose.

(1)

Policy statement. Flood control, groundwater recharge, and pollutant reduction shall be achieved through the use of stormwater management measures, including green infrastructure best management practices (GI BMPs) and nonstructural stormwater management strategies. GI BMPs and low-impact development (LID) should be utilized to meet the goal of maintaining natural hydrology to reduce stormwater runoff volume, reduce erosion, encourage infiltration and groundwater recharge, and reduce pollution. GI BMPs and LID should be developed based upon physical site conditions and the origin, nature and the anticipated quantity, or amount, of potential pollutants. Multiple stormwater management BMPs may be necessary to achieve the established performance standards for water quality, quantity, and groundwater recharge.

(2)

Purpose. The purpose of this section is to establish minimum stormwater management requirements and controls for "major development," as defined below in Subsection B.

(3)

Applicability.

(a)

This section shall be applicable to the following major developments:

[1]

Nonresidential major developments; and

[2]

Aspects of residential major developments that are not preempted by the Residential Site Improvement Standards at N.J.A.C. 5:21.

(b)

This section shall also be applicable to all major developments undertaken by Borough of Ridgefield.

(4)

Compatibility with other permit and ordinance requirements.

(a)

Development approvals issued pursuant to this section are to be considered an integral part of development approvals and do not relieve the applicant of the responsibility to secure required permits or approvals for activities regulated by any other applicable code, rule, act, or ordinance. In their interpretation and application, the provisions of this section shall be held to be the minimum requirements for the promotion of the public health, safety, and general welfare.

(b)

This section is not intended to interfere with, abrogate, or annul any other ordinances, rule or regulation, statute, or other provision of law except that, where any provision of this section imposes restrictions different from those imposed by any other ordinance, rule or regulation, or other provision of law, the more restrictive provisions or higher standards shall control.

Definitions. For the purpose of this section, the following terms, phrases, words and their derivations shall have the meanings stated herein unless their use in the text of this section clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. The definitions below are the same as or based on the corresponding definitions in the Stormwater Management Rules at N.J.A.C. 7:8-1.2.

CAFRA CENTERS, CORES OR NODES

Those areas with boundaries incorporated by reference or revised by the Department in accordance with N.J.A.C. 7:7-13.16.

CAFRA PLANNING MAP

The map used by the Department to identify the location of Coastal Planning Areas, CAFRA centers, CAFRA cores, and CAFRA nodes. The CAFRA Planning Map is available on the Department's Geographic Information System (GIS).

COMMUNITY BASIN

An infiltration system, sand filter designed to infiltrate, standard constructed wetland, or wet pond, established in accordance with N.J.A.C. 7:8-4.2(c)14, that is designed and constructed in accordance with the New Jersey Stormwater Best Management Practices Manual, or an alternate design, approved in accordance with N.J.A.C. 7:8-5.2(g), for an infiltration system, sand filter designed to infiltrate, standard constructed wetland, or wet pond and that complies with the requirements of this section.

COMPACTION

The increase in soil bulk density.

CONTRIBUTORY DRAINAGE AREA

The area from which stormwater runoff drains to a stormwater management measure, not including the area of the stormwater management measure itself.

CORE

A pedestrian-oriented area of commercial and civic uses serving the surrounding municipality, generally including housing and access to public transportation.

COUNTY REVIEW AGENCY

An agency designated by the County Commissioners to review municipal stormwater management plans and implementing ordinance(s). The county review agency may either be:

(1)

A county planning agency; or

(2)

A county water resource association created under N.J.S.A. 58:16A-55.5, if the ordinance or resolution delegates authority to approve, conditionally approve, or disapprove municipal stormwater management plans and implementing ordinances.

DEPARTMENT

The Department of Environmental Protection.

DESIGN ENGINEER

A person professionally qualified and duly licensed in New Jersey to perform engineering services that may include, but not necessarily be limited to, development of project requirements, creation and development of project design and preparation of drawings and specifications.

DESIGNATED CENTER

A State Development and Redevelopment Plan Center as designated by the State Planning Commission such as urban, regional, town, village, or hamlet.

DEVELOPMENT

The division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or structure, any mining excavation or landfill, and any use or change in the use of any building or other structure, or land or extension of use of land, for which permission is required under the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq. In the case of development of agricultural land, "development" means: any activity that requires a state permit, any activity reviewed by the County Agricultural Board (CAB) and the State Agricultural Development Committee (SADC), and municipal review of any activity not exempted by the Right to Farm Act, N.J.S.A. 4:1C-1 et seq.

DISTURBANCE

The placement or reconstruction of impervious surface or motor vehicle surface, or exposure and/or movement of soil or bedrock or clearing, cutting, or removing of vegetation. Milling and repaving is not considered disturbance for the purposes of this definition.

DRAINAGE AREA

A geographic area within which stormwater, sediments, or dissolved materials drain to a particular receiving water body or to a particular point along a receiving water body.

EMPOWERMENT NEIGHBORHOODS

Neighborhoods designated by the Urban Coordinating Council "in consultation and in conjunction with" the New Jersey Redevelopment Authority pursuant to N.J.S.A. 55:19-69.

ENVIRONMENTALLY CONSTRAINED AREA

The following areas where the physical alteration of the land is in some way restricted, either through regulation, easement, deed restriction or ownership such as: wetlands, floodplains, threatened and endangered species sites or designated habitats, and parks and preserves. Habitats of endangered or threatened species are identified using the Department's Landscape Project as approved by the Department's Endangered and Nongame Species Program.

ENVIRONMENTALLY CRITICAL AREA

An area or feature which is of significant environmental value, including but not limited to: stream corridors, natural heritage priority sites, habitats of endangered or threatened species, large areas of contiguous open space or upland forest, steep slopes, and wellhead protection and groundwater recharge areas. Habitats of endangered or threatened species are identified using the Department's Landscape Project as approved by the Department's Endangered and Nongame Species Program.

EROSION

The detachment and movement of soil or rock fragments by water, wind, ice, or gravity.

GREEN INFRASTRUCTURE

A stormwater management measure that manages stormwater close to its source by:

(1)

Treating stormwater runoff through infiltration into subsoil;

(2)

Treating stormwater runoff through filtration by vegetation or soil; or

(3)

Storing stormwater runoff for reuse.

HUC 14 or HYDROLOGIC UNIT CODE 14

An area within which water drains to a particular receiving surface water body, also known as a subwatershed, which is identified by a fourteen-digit hydrologic unit boundary designation, delineated within New Jersey by the United States Geological Survey.

IMPERVIOUS SURFACE

A surface that has been covered with a layer of material so that it is highly resistant to infiltration by water.

INFILTRATION

The process by which water seeps into the soil from precipitation.

LEAD PLANNING AGENCY

One or more public entities having stormwater management planning authority designated by the regional stormwater management planning committee pursuant to N.J.A.C. 7:8-3.2, that serves as the primary representative of the committee.

MAJOR DEVELOPMENT

(1)

An individual "development," as well as multiple developments that individually or collectively result in the disturbance of one or more acres of land since February 2, 2004.

(2)

Major development includes all developments that are part of a common plan of development or sale (for example, phased residential development) that collectively or individually meet any one or more of paragraphs 1, 2, 3, or 4 above. Projects undertaken by any government agency that otherwise meet the definition of "major development" but which do not require approval under the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., are also considered "major development."

MOTOR VEHICLE

Land vehicles propelled other than by muscular power, such as automobiles, motorcycles, autocycles, and low-speed vehicles. For the purposes of this definition, motor vehicle does not include farm equipment, snowmobiles, all-terrain vehicles, motorized wheelchairs, go-carts, gas buggies, golf carts, ski-slope grooming machines, or vehicles that run only on rails or tracks.

MOTOR VEHICLE SURFACE

Any pervious or impervious surface that is intended to be used by motor vehicles and/or aircraft, and is directly exposed to precipitation including, but not limited to, driveways, parking areas, parking garages, roads, racetracks, and runways.

MUNICIPALITY

Any city, borough, town, township, or village.

NEW JERSEY STORMWATER BEST MANAGEMENT PRACTICES (BMP) MANUAL or BMP MANUAL

The manual maintained by the Department providing, in part, design specifications, removal rates, calculation methods, and soil testing procedures approved by the Department as being capable of contributing to the achievement of the stormwater management standards specified in this section. The BMP Manual is periodically amended by the Department as necessary to provide design specifications on additional best management practices and new information on already included practices reflecting the best available current information regarding the particular practice and the Department's determination as to the ability of that best management practice to contribute to compliance with the standards contained in this section. Alternative stormwater management measures, removal rates, or calculation methods may be utilized, subject to any limitations specified in this section, provided the design engineer demonstrates to the municipality, in accordance with Subsection D(6) of this section and N.J.A.C. 7:8-5.2(g), that the proposed measure and its design will contribute to achievement of the design and performance standards established by this section.

NODE

An area designated by the State Planning Commission concentrating facilities and activities which are not organized in a compact form.

NUTRIENT

A chemical element or compound, such as nitrogen or phosphorus, which is essential to and promotes the development of organisms.

PERSON

Any individual, corporation, company, partnership, firm, association, political subdivision of this state and any state, interstate or federal agency.

POLLUTANT

Any dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, refuse, oil, grease, sewage sludge, munitions, chemical wastes, biological materials, medical wastes, radioactive substance [except those regulated under the Atomic Energy Act of 1954, as amended (42 U.S.C. § 2011 et seq.)], thermal waste, wrecked or discarded equipment, rock, sand, cellar dirt, industrial, municipal, agricultural, and construction waste or runoff, or other residue discharged directly or indirectly to the land, groundwaters or surface waters of the state, or to a domestic treatment works. "Pollutant" includes both hazardous and nonhazardous pollutants.

RECHARGE

The amount of water from precipitation that infiltrates into the ground and is not evapotranspired.

REGULATED IMPERVIOUS SURFACE

Any of the following, alone or in combination:

(1)

A net increase of impervious surface;

(2)

The total area of impervious surface collected by a new stormwater conveyance system (for the purpose of this definition, a "new stormwater conveyance system" is a stormwater conveyance system that is constructed where one did not exist immediately prior to its construction or an existing system for which a new discharge location is created);

(3)

The total area of impervious surface proposed to be newly collected by an existing stormwater conveyance system; and/or

(4)

The total area of impervious surface collected by an existing stormwater conveyance system where the capacity of that conveyance system is increased.

REGULATED MOTOR VEHICLE SURFACE

Any of the following, alone or in combination:

(1)

The total area of motor vehicle surface that is currently receiving water;

(2)

A net increase in motor vehicle surface; and/or quality treatment either by vegetation or soil, by an existing stormwater management measure, or by treatment at a wastewater treatment plant, where the water quality treatment will be modified or removed.

SEDIMENT

Solid material, mineral or organic, that is in suspension, is being transported, or has been moved from its site of origin by air, water or gravity as a product of erosion.

SITE

The lot or lots upon which a major development is to occur or has occurred.

SOIL

All unconsolidated mineral and organic material of any origin.

STATE DEVELOPMENT AND REDEVELOPMENT PLAN METROPOLITAN PLANNING AREA (PA1)

An area delineated on the State Plan Policy Map and adopted by the State Planning Commission that is intended to be the focus for much of the state's future redevelopment and revitalization efforts.

STATE PLAN POLICY MAP

The geographic application of the State Development and Redevelopment Plan's goals and statewide policies, and the official map of these goals and policies.

STORMWATER

Water resulting from precipitation (including rain and snow) that runs off the land's surface, is transmitted to the subsurface, or is captured by separate storm sewers or other sewage or drainage facilities, or conveyed by snow removal equipment.

STORMWATER MANAGEMENT BMP

An excavation or embankment and related areas designed to retain stormwater runoff. A stormwater management BMP may either be normally dry (that is, a detention basin or infiltration system), retain water in a permanent pool (a retention basin), or be planted mainly with wetland vegetation (most constructed stormwater wetlands).

STORMWATER MANAGEMENT MEASURE

Any practice, technology, process, program, or other method intended to control or reduce stormwater runoff and associated pollutants, or to induce or control the infiltration or groundwater recharge of stormwater or to eliminate illicit or illegal nonstormwater discharges into stormwater conveyances.

STORMWATER MANAGEMENT PLANNING AGENCY

A public body authorized by legislation to prepare stormwater management plans.

STORMWATER MANAGEMENT PLANNING AREA

The geographic area for which a stormwater management planning agency is authorized to prepare stormwater management plans, or a specific portion of that area identified in a stormwater management plan prepared by that agency.

STORMWATER RUNOFF

Water flow on the surface of the ground or in storm sewers, resulting from precipitation.

TIDAL FLOOD HAZARD AREA

A flood hazard area in which the flood elevation resulting from the two-, ten-, or 100-year storm, as applicable, is governed by tidal flooding from the Atlantic Ocean. Flooding in a tidal flood hazard area may be contributed to, or influenced by, stormwater runoff from inland areas, but the depth of flooding generated by the tidal rise and fall of the Atlantic Ocean is greater than flooding from any fluvial sources. In some situations, depending upon the extent of the storm surge from a particular storm event, a flood hazard area may be tidal in the 100-year storm, but fluvial in more frequent storm events.

URBAN COORDINATING COUNCIL EMPOWERMENT NEIGHBORHOOD

A neighborhood given priority access to state resources through the New Jersey Redevelopment Authority.

URBAN ENTERPRISE ZONE

A zone designated by the New Jersey Enterprise Zone Authority pursuant to the New Jersey Urban Enterprise Zones Act, N.J.S.A. 52:27H-60 et seq.

URBAN REDEVELOPMENT AREA

Previously developed portions of areas:

(1)

Delineated on the State Plan Policy Map (SPPM) as the Metropolitan Planning Area (PA1), Designated Centers, Cores or Nodes;

(2)

Designated as CAFRA Centers, Cores or Nodes;

(3)

Designated as Urban Enterprise Zones; and

(4)

Designated as Urban Coordinating Council Empowerment Neighborhoods.

WATER CONTROL STRUCTURE

A structure within, or adjacent to, a water, which intentionally or coincidentally alters the hydraulic capacity, the flood elevation resulting from the two-, ten-, or 100-year storm, flood hazard area limit, and/or floodway limit of the water. Examples of a water control structure may include a bridge, culvert, dam, embankment, ford (if above grade), retaining wall, and weir.

WATERS OF THE STATE

The ocean and its estuaries, all springs, streams, wetlands, and bodies of surface or groundwater, whether natural or artificial, within the boundaries of the State of New Jersey or subject to its jurisdiction.

WETLANDS or WETLAND

An area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as hydrophytic vegetation.

Design and performance standards for stormwater management measures.

(1)

Stormwater management measures for major development shall be designed to provide erosion control, groundwater recharge, stormwater runoff quantity control, and stormwater runoff quality treatment as follows:

(a)

The minimum standards for erosion control are those established under the Soil and Sediment Control Act, N.J.S.A. 4:24-39 et seq., and implementing rules at N.J.A.C. 2:90.

(b)

The minimum standards for groundwater recharge, stormwater quality, and stormwater runoff quantity shall be met by incorporating green infrastructure.

(2)

The standards in this section apply only to new major development and are intended to minimize the impact of stormwater runoff on water quality and water quantity in receiving water bodies and maintain groundwater recharge. The standards do not apply to new major development to the extent that alternative design and performance standards are applicable under a regional stormwater management plan or water quality management plan adopted in accordance with Department rules.

Stormwater management requirements for major development.

(1)

The development shall incorporate a maintenance plan for the stormwater management measures incorporated into the design of a major development in accordance with Subsection J.

(2)

Stormwater management measures shall avoid adverse impacts of concentrated flow on habitat for threatened and endangered species as documented in the Department's Landscape Project or Natural Heritage Database established under N.J.S.A. 13:1B-15.147 through 13:1B-15.150, particularly Helonias bullata (swamp pink) and/or Clemmys muhlenbergii (bog turtle).

(3)

The following linear development projects are exempt from the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity requirements of Subsection D(16), (17)and (18):

(a)

The construction of an underground utility line provided that the disturbed areas are revegetated upon completion;

(b)

The construction of an aboveground utility line provided that the existing conditions are maintained to the maximum extent practicable; and

(c)

The construction of a public pedestrian access, such as a sidewalk or trail with a maximum width of 14 feet, provided that the access is made of permeable material.

(4)

A waiver from strict compliance from the green infrastructure, groundwater recharge, stormwater runoff quality, and stormwater runoff quantity requirements of Subsection D(15), (16), (17) and (18) may be obtained for the enlargement of an existing public roadway or railroad; or the construction or enlargement of a public pedestrian access, provided that the following conditions are met:

(a)

The applicant demonstrates that there is a public need for the project that cannot be accomplished by any other means;

(b)

The applicant demonstrates through an alternatives analysis, that through the use of stormwater management measures, the option selected complies with the requirements of Subsection D(15), (16), (17) and (18) to the maximum extent practicable;

(c)

The applicant demonstrates that, in order to meet the requirements of Subsection D(15), (16), (17) and (18), existing structures currently in use, such as homes and buildings, would need to be condemned; and

(d)

The applicant demonstrates that it does not own or have other rights to areas, including the potential to obtain through condemnation lands not falling under Subsection D(4)(c) above within the upstream drainage area of the receiving stream, that would provide additional opportunities to mitigate the requirements of Subsection D(15), (16), (17) and (18) that were not achievable on site.

(5)

Tables 1 through 3 below summarize the ability of stormwater best management practices identified and described in the New Jersey Stormwater Best Management Practices Manual to satisfy the green infrastructure, groundwater recharge, stormwater runoff quality and stormwater runoff quantity standards specified in Subsection D(15), (16), (17) and (18). When designed in accordance with the most current version of the New Jersey Stormwater Best Management Practices Manual, the stormwater management measures found at N.J.A.C. 7:8-5.2(f), Tables 5-1, 5-2 and 5-3, and listed below in Tables 1, 2 and 3 are presumed to be capable of providing stormwater controls for the design and performance standards as outlined in the tables below. Upon amendments of the New Jersey stormwater best management practices to reflect additions or deletions of BMPs meeting these standards, or changes in the presumed performance of BMPs designed in accordance with the New Jersey Stormwater BMP Manual, the Department shall publish in the New Jersey Registers a notice of administrative change revising the applicable table. The most current version of the BMP Manual can be found on the Department's website at: https://njstormwater.org/bmp_manual2.htm.

(6)

Where the BMP tables in the New Jersey stormwater management rule are different due to updates or amendments with the tables in this section, the BMP tables in the stormwater management rule at N.J.A.C. 7:8-5.2(f) shall take precedence.

Table 1 Green Infrastructure BMPs for Groundwater Recharge, Stormwater Runoff Quality, and/or Stormwater Runoff Quantity
Best Management Practice	Stormwater Runoff Quality TSS Removal Rate (percent)	Stormwater Runoff Quantity	Groundwater Recharge	Minimum Separation from Seasonal High Water Table (feet)
Cistern	0	Yes	No	—
Dry well^(a)	0	No	Yes	2
Grass swale	50 or less	No	No	2^(e) 1^(f)
Green roof	0	Yes	No	—
Manufactured treatment device^(a)(g)	50 or 80	No	No	Dependent upon the device
Pervious paving system^(a)	80	Yes	Yes^(b) No^(c)	2^(b) 1^(c)
Small-scale bioretention basin^(a)	80 or 90	Yes	Yes^(b) No^(c)	2^(b) 1^(c)
Small-scale infiltration basin^(a)	80	Yes	Yes	2
Small-scale sand filter	80	Yes	Yes	2
Vegetative filter strip	60 to 80	No	No	—

(Notes corresponding to annotations ^(a) through ^(g) are found below Table 3.)

Table 2 Green Infrastructure BMPs for Stormwater Runoff Quantity (or for Groundwater Recharge and/or Stormwater Runoff Quality with a Waiver or Variance from N.J.A.C. 7:8-5.3)
Best Management Practice	Stormwater Runoff Quality TSS Removal Rate (percent)	Stormwater Runoff Quantity	Groundwater Recharge	Minimum Separation from Seasonal High Water Table (feet)
Bioretention system	80 or 90	Yes	Yes^(b) No^(c)	2^(b) 1^(c)
Infiltration basin	80	Yes	Yes	2
Sand filter^(b)	80	Yes	Yes	2
Standard constructed wetland	90	Yes	No	N/A
Wet pond^(d)	50 to 90	Yes	No	N/A

(Notes corresponding to annotations ^(b) through ^(d) are found below Table 3.)

Table 3 BMPs for Groundwater Recharge, Stormwater Runoff Quality, and/or Stormwater Runoff Quantity only with a Waiver or Variance from N.J.A.C. 7:8-5.3
Best Management Practice	Stormwater Runoff Quality TSS Removal Rate (percent)	Stormwater Runoff Quantity	Groundwater Recharge	Minimum Separation from Seasonal High Water Table (feet)
Blue roof	0	Yes	No	N/A
Extended detention basin	40 to 60	Yes	No	1
Manufactured treatment device^(h)	50 or 80	No	No	Dependent upon the device
Sand filter^(c)	80	Yes	No	1
Subsurface gravel wetland	90	No	No	1
Wet pond	50 to 90	Yes	No	N/A

Notes to Tables 1, 2, and 3:
(a)	Subject to the applicable contributory drainage area limitation specified at Subsection D(15)(b).
(b)	Designed to infiltrate into the subsoil.
(c)	Designed with underdrains.
(d)	Designed to maintain at least a ten-foot-wide area of native vegetation along at least 50% of the shoreline and to include a stormwater runoff retention component designed to capture stormwater runoff for beneficial reuse, such as irrigation.
(e)	Designed with a slope of less than 2%.
(f)	Designed with a slope of equal to or greater than 2%.
(g)	Manufactured treatment devices that meet the definition of "green infrastructure" at Subsection B.
(h)	Manufactured treatment devices that do not meet the definition of "green infrastructure" at Subsection B.

(7)

An alternative stormwater management measure, alternative removal rate, and/or alternative method to calculate the removal rate may be used if the design engineer demonstrates the capability of the proposed alternative stormwater management measure and/or the validity of the alternative rate or method to the municipality. A copy of any approved alternative stormwater management measure, alternative removal rate, and/or alternative method to calculate the removal rate shall be provided to the Department in accordance with Subsection F(2). Alternative stormwater management measures may be used to satisfy the requirements at Subsection D(15) only if the measures meet the definition of "green infrastructure" at Subsection B. Alternative stormwater management measures that function in a similar manner to a BMP listed at Subsection D(15)(b) are subject to the contributory drainage area limitation specified at Subsection D(15)(b) for that similarly functioning BMP. Alternative stormwater management measures approved in accordance with this subsection that do not function in a similar manner to any BMP listed at Subsection D(15)(b) shall have a contributory drainage area less than or equal to 2.5 acres, except for alternative stormwater management measures that function similarly to cisterns, grass swales, green roofs, standard constructed wetlands, vegetative filter strips, and wet ponds, which are not subject to a contributory drainage area limitation. Alternative measures that function similarly to standard constructed wetlands or wet ponds shall not be used for compliance with the stormwater runoff quality standard unless a variance in accordance with N.J.A.C. 7:8-4.6 or a waiver from strict compliance in accordance with Subsection D(4) is granted from Subsection D(15).

(8)

Whenever the stormwater management design includes one or more BMPs that will infiltrate stormwater into subsoil, the design engineer shall assess the hydraulic impact on the groundwater table and design the site so as to avoid adverse hydraulic impacts. Potential adverse hydraulic impacts include, but are not limited to, exacerbating a naturally or seasonally high water table, so as to cause surficial ponding, flooding of basements, or interference with the proper operation of subsurface sewage disposal systems or other subsurface structures within the zone of influence of the groundwater mound, or interference with the proper functioning of the stormwater management measure itself.

(9)

Design standards for stormwater management measures are as follows:

(a)

Stormwater management measures shall be designed to take into account the existing site conditions, including, but not limited to, environmentally critical areas; wetlands; flood-prone areas; slopes; depth to seasonal high water table; soil type, permeability, and texture; drainage area and drainage patterns; and the presence of solution-prone carbonate rocks (limestone);

(b)

Stormwater management measures shall be designed to minimize maintenance, facilitate maintenance and repairs, and ensure proper functioning. Trash racks shall be installed at the intake to the outlet structure, as appropriate, and shall have parallel bars with one-inch spacing between the bars to the elevation of the water quality design storm. For elevations higher than the water quality design storm, the parallel bars at the outlet structure shall be spaced no greater than one-third the width of the diameter of the orifice or one-third the width of the weir, with a minimum spacing between bars of one inch and a maximum spacing between bars of six inches. In addition, the design of trash racks must comply with the requirements of Subsection H(3);

(c)

Stormwater management measures shall be designed, constructed, and installed to be strong, durable, and corrosion resistant. Measures that are consistent with the relevant portions of the Residential Site Improvement Standards at N.J.A.C. 5:21-7.3, 5:21-7.4, and 5:21-7.5 shall be deemed to meet this requirement;

(d)

Stormwater management BMPs shall be designed to meet the minimum safety standards for stormwater management BMPs at Subsection H; and

(e)

The size of the orifice at the intake to the outlet from the stormwater management BMP shall be a minimum of 2 1/2 inches in diameter.

(10)

Manufactured treatment devices may be used to meet the requirements of this section, provided the pollutant removal rates are verified by the New Jersey Corporation for Advanced Technology and certified by the Department. Manufactured treatment devices that do not meet the definition of "green infrastructure" at Subsection B may be used only under the circumstances described at Subsection D(15)(d).

(11)

Any application for a new agricultural development that meets the definition of "major development" at Subsection B shall be submitted to the Soil Conservation District for review and approval in accordance with the requirements at Subsection D(15), (16), (17) and (18) and any applicable Soil Conservation District guidelines for stormwater runoff quantity and erosion control. For purposes of this subsection, "agricultural development" means land uses normally associated with the production of food, fiber, and livestock for sale. Such uses do not include the development of land for the processing or sale of food and the manufacture of agriculturally related products.

(12)

If there is more than one drainage area, the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at Subsection D(16), (17) and (18) shall be met in each drainage area, unless the runoff from the drainage areas converge on site and no adverse environmental impact would occur as a result of compliance with any one or more of the individual standards being determined utilizing a weighted average of the results achieved for that individual standard across the affected drainage areas.

(13)

Any stormwater management measure authorized under the municipal stormwater management plan or ordinance shall be reflected in a deed notice recorded in the Office of the Bergen County Clerk. A form of deed notice shall be submitted to the municipality for approval prior to filing. The deed notice shall contain a description of the stormwater management measure(s) used to meet the green infrastructure, groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at Subsection D(15), (16), (17) and (18) and shall identify the location of the stormwater management measure(s) in NAD 1983 State Plane New Jersey FIPS 2900 US feet or latitude and longitude in decimal degrees. The deed notice shall also reference the maintenance plan required to be recorded upon the deed pursuant to Subsection J(2)(e). Prior to the commencement of construction, proof that the above-required deed notice has been filed shall be submitted to the municipality. Proof that the required information has been recorded on the deed shall be in the form of either a copy of the complete recorded document or a receipt from the clerk or other proof of recordation provided by the recording office. However, if the initial proof provided to the municipality is not a copy of the complete recorded document, a copy of the complete recorded document shall be provided to the municipality within 180 calendar days of the authorization granted by the municipality.

(14)

A stormwater management measure approved under the municipal stormwater management plan or ordinance may be altered or replaced with the approval of the municipality, if the municipality determines that the proposed alteration or replacement meets the design and performance standards pursuant to Subsection D of this section and provides the same level of stormwater management as the previously approved stormwater management measure that is being altered or replaced. If an alteration or replacement is approved, a revised deed notice shall be submitted to the municipality for approval and subsequently recorded with the Office of the Bergen County Clerk and shall contain a description and location of the stormwater management measure, as well as reference to the maintenance plan, in accordance with Subsection D(13) above. Prior to the commencement of construction, proof that the above-required deed notice has been filed shall be submitted to the municipality in accordance with Subsection D(13) above.

(15)

Green infrastructure standards.

(a)

This subsection specifies the types of green infrastructure BMPs that may be used to satisfy the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards.

(b)

To satisfy the groundwater recharge and stormwater runoff quality standards at Subsection D(16) and (17), the design engineer shall utilize green infrastructure BMPs identified in Table 1 at Subsection D(6) and/or an alternative stormwater management measure approved in accordance with Subsection D(7). The following green infrastructure BMPs are subject to the following maximum contributory drainage area limitations:

Best Management Practice	Maximum Contributory Drainage Area
Dry well	1 acre
Manufactured treatment device	2.5 acres
Pervious pavement systems	Area of additional inflow cannot exceed three times the area occupied by the BMP
Small-scale bioretention systems	2.5 acres
Small-scale infiltration basin	2.5 acres
Small-scale sand filter	2.5 acres

(c)

To satisfy the stormwater runoff quantity standards at Subsection D(18), the design engineer shall utilize BMPs from Table 1 or from Table 2 and/or an alternative stormwater management measure approved in accordance with Subsection D(7).

(d)

If a variance in accordance with N.J.A.C. 7:8-4.6 or a waiver from strict compliance in accordance with Subsection D(4) is granted from the requirements of this subsection, then BMPs from Table 1, 2, or 3, and/or an alternative stormwater management measure approved in accordance with Subsection D(7) may be used to meet the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at Subsection D(16), (17) and (18).

(e)

For separate or combined storm sewer improvement projects, such as sewer separation, undertaken by a government agency or public utility (for example, a sewerage company), the requirements of this subsection shall only apply to areas owned in fee simple by the government agency or utility, and areas within a right-of-way or easement held or controlled by the government agency or utility; the entity shall not be required to obtain additional property or property rights to fully satisfy the requirements of this subsection. Regardless of the amount of area of a separate or combined storm sewer improvement project subject to the green infrastructure requirements of this subsection, each project shall fully comply with the applicable groundwater recharge, stormwater runoff quality control, and stormwater runoff quantity standards at Subsection D(16), (17) and (18), unless the project is granted a waiver from strict compliance in accordance with Subsection D(4).

(16)

Groundwater recharge standards.

(a)

This subsection contains the minimum design and performance standards for groundwater recharge as follows:

(b)

The design engineer shall, using the assumptions and factors for stormwater runoff and groundwater recharge calculations at Subsection E, either:

[1]

Demonstrate through hydrologic and hydraulic analysis that the site and its stormwater management measures maintain 100% of the average annual preconstruction groundwater recharge volume for the site; or

[2]

Demonstrate through hydrologic and hydraulic analysis that the increase of stormwater runoff volume from preconstruction to postconstruction for the two-year storm is infiltrated.

(c)

This groundwater recharge requirement does not apply to projects within the "urban redevelopment area," or to projects subject to Subsection D(16)(d) below.

(d)

The following types of stormwater shall not be recharged:

[1]

Stormwater from areas of high pollutant loading. High pollutant loading areas are areas in industrial and commercial developments where solvents and/or petroleum products are loaded/unloaded, stored, or applied, areas where pesticides are loaded/unloaded or stored; areas where hazardous materials are expected to be present in greater than "reportable quantities" as defined by the United States Environmental Protection Agency (EPA) at 40 CFR 302.4; areas where recharge would be inconsistent with Department-approved remedial action work plan or landfill closure plan and areas with high risks for spills of toxic materials, such as gas stations and vehicle maintenance facilities; and

[2]

Industrial stormwater exposed to source material. "Source material" means any material(s) or machinery, located at an industrial facility, that is directly or indirectly related to process, manufacturing or other industrial activities, which could be a source of pollutants in any industrial stormwater discharge to groundwater. Source materials include, but are not limited to, raw materials; intermediate products; final products; waste materials; by-products; industrial machinery and fuels, and lubricants, solvents, and detergents that are related to process, manufacturing, or other industrial activities that are exposed to stormwater.

(17)

Stormwater runoff quality standards.

(a)

This subsection contains the minimum design and performance standards to control stormwater runoff quality impacts of major development. Stormwater runoff quality standards are applicable when the major development results in an increase of one-quarter acre or more of regulated motor vehicle surface.

(b)

Stormwater management measures shall be designed to reduce the postconstruction load of total suspended solids (TSS) in stormwater runoff generated from the water quality design storm as follows:

[1]

Eighty percent TSS removal of the anticipated load, expressed as an annual average shall be achieved for the stormwater runoff from the net increase of motor vehicle surface.

[2]

If the surface is considered regulated motor vehicle surface because the water quality treatment for an area of motor vehicle surface that is currently receiving water quality treatment either by vegetation or soil, by an existing stormwater management measure, or by treatment at a wastewater treatment plant is to be modified or removed, the project shall maintain or increase the existing TSS removal of the anticipated load expressed as an annual average.

(c)

The requirement to reduce TSS does not apply to any stormwater runoff in a discharge regulated under a numeric effluent limitation for TSS imposed under the New Jersey Pollutant Discharge Elimination System (NJPDES) rules, N.J.A.C. 7:14A, or in a discharge specifically exempt under a NJPDES permit from this requirement. Every major development, including any that discharge into a combined sewer system, shall comply with Subsection D(17)(b) above, unless the major development is itself subject to a NJPDES permit with a numeric effluent limitation for TSS or the NJPDES permit to which the major development is subject exempts the development from a numeric effluent limitation for TSS.

(d)

The water quality design storm is 1.25 inches of rainfall in two hours. Water quality calculations shall take into account the distribution of rain from the water quality design storm, as reflected in Table 4, below. The calculation of the volume of runoff may take into account the implementation of stormwater management measures.

Table 4 - Water Quality Design Storm Distribution
Time (Minutes)	Cumulative Rainfall (Inches)	Time (Minutes)	Cumulative Rainfall (Inches)	Time (Minutes)	Cumulative Rainfall (Inches)
1	0.00166	41	0.1728	81	1.0906
2	0.00332	42	0.1796	82	1.0972
3	0.00498	43	0.1864	83	1.1038
4	0.00664	44	0.1932	84	1.1104
5	0.00830	45	0.2000	85	1.1170
6	0.00996	46	0.2117	86	1.1236
7	0.01162	47	0.2233	87	1.1302
8	0.01328	48	0.2350	88	1.1368
9	0.01494	49	0.2466	89	1.1434
10	0.01660	50	0.2583	90	1.1500
11	0.01828	51	0.2783	91	1.1550
12	0.01996	52	0.2983	92	1.1600
13	0.02164	53	0.3183	93	1.1650
14	0.02332	54	0.3383	94	1.1700
15	0.02500	55	0.3583	95	1.1750
16	0.03000	56	0.4116	96	1.1800
17	0.03500	57	0.4650	97	1.1850
18	0.04000	58	0.5183	98	1.1900
19	0.04500	59	0.5717	99	1.1950
20	0.05000	60	0.6250	100	1.2000
21	0.05500	61	0.6783	101	1.2050
22	0.06000	62	0.7317	102	1.2100
23	0.06500	63	0.7850	103	1.2150
24	0.07000	64	0.8384	104	1.2200
25	0.07500	65	0.8917	105	1.2250
26	0.08000	66	0.9117	106	1.2267
27	0.08500	67	0.9317	107	1.2284
28	0.09000	68	0.9517	108	1.2300
29	0.09500	69	0.9717	109	1.2317
30	0.10000	70	0.9917	110	1.2334
31	0.10660	71	1.0034	111	1.2351
32	0.11320	72	1.0150	112	1.2367
33	0.11980	73	1.0267	113	1.2384
34	0.12640	74	1.0383	114	1.2400
35	0.13300	75	1.0500	115	1.2417
36	0.13960	76	1.0568	116	1.2434
37	0.14620	77	1.0636	117	1.2450
38	0.15280	78	1.0704	118	1.2467
39	0.15940	79	1.0772	119	1.2483
40	0.16600	80	1.0840	120	1.2500

(e)

If more than one BMP in series is necessary to achieve the required 80% TSS reduction for a site, the applicant shall utilize the following formula to calculate TSS reduction:

R = A + B - (A x B)/100

Where:
R	=	total TSS percent load removal from application of both BMPs
A	=	the TSS percent removal rate applicable to the first BMP
B	=	the TSS percent removal rate applicable to the second BMP

(f)

Stormwater management measures shall also be designed to reduce, to the maximum extent feasible, the postconstruction nutrient load of the anticipated load from the developed site in stormwater runoff generated from the water quality design storm. In achieving reduction of nutrients to the maximum extent feasible, the design of the site shall include green infrastructure BMPs that optimize nutrient removal while still achieving the performance standards in Subsection D(16), (17) and (18).

(g)

In accordance with the definition of "FW1" at N.J.A.C. 7:9B-1.4, stormwater management measures shall be designed to prevent any increase in stormwater runoff to waters classified as FW1.

(h)

The Flood Hazard Area Control Act rules at N.J.A.C. 7:13-4.1(c)1 establish 300-foot riparian zones along Category One waters, as designated in the Surface Water Quality Standards at N.J.A.C. 7:9B, and certain upstream tributaries to Category One waters. A person shall not undertake a major development that is located within or discharges into a 300-foot riparian zone without prior authorization from the Department under N.J.A.C. 7:13.

(i)

Pursuant to the Flood Hazard Area Control Act rules at N.J.A.C. 7:13-11.2(j)3i, runoff from the water quality design storm that is discharged within a 300-foot riparian zone shall be treated in accordance with this subsection to reduce the postconstruction load of total suspended solids by 95% of the anticipated load from the developed site, expressed as an annual average.

(j)

This stormwater runoff quality standards do not apply to the construction of one individual single-family dwelling, provided that it is not part of a larger development or subdivision that has received preliminary or final site plan approval prior to December 3, 2018, and that the motor vehicle surfaces are made of permeable material(s) such as gravel, dirt, and/or shells.

(18)

Stormwater runoff quantity standards.

(a)

This subsection contains the minimum design and performance standards to control stormwater runoff quantity impacts of major development.

(b)

In order to control stormwater runoff quantity impacts, the design engineer shall, using the assumptions and factors for stormwater runoff calculations at Subsection E, complete one of the following:

[1]

Demonstrate through hydrologic and hydraulic analysis that, for stormwater leaving the site, postconstruction runoff hydrographs for the two-, ten-, and 100-year storm events do not exceed, at any point in time, the preconstruction runoff hydrographs for the same storm events;

[2]

Demonstrate through hydrologic and hydraulic analysis that there is no increase, as compared to the preconstruction condition, in the peak runoff rates of stormwater leaving the site for the two-, ten- and 100-year storm events and that the increased volume or change in timing of stormwater runoff will not increase flood damage at or downstream of the site. This analysis shall include the analysis of impacts of existing land uses and projected land uses assuming full development under existing zoning and land use ordinances in the drainage area;

[3]

Design stormwater management measures so that the postconstruction peak runoff rates for the two-, ten- and 100-year storm events are 50%, 75% and 80%, respectively, of the preconstruction peak runoff rates. The percentages apply only to the postconstruction stormwater runoff that is attributable to the portion of the site on which the proposed development or project is to be constructed; or

[4]

In tidal flood hazard areas, stormwater runoff quantity analysis in accordance with Subsection D(18)(b)[1], [2], and [3] above is required unless the design engineer demonstrates through hydrologic and hydraulic analysis that the increased volume, change in timing, or increased rate of the stormwater runoff, or any combination of the three will not result in additional flood damage below the point of discharge of the major development. No analysis is required if the stormwater is discharged directly into any ocean, bay, inlet, or the reach of any watercourse between its confluence with an ocean, bay, or inlet and downstream of the first water control structure.

(c)

The stormwater runoff quantity standards shall be applied at the site's boundary to each abutting lot, roadway, watercourse, or receiving storm sewer system.

Calculation of stormwater runoff and groundwater recharge.

(1)

Stormwater runoff shall be calculated in accordance with the following:

(a)

The design engineer shall calculate runoff using one of the following methods:

[1]

The USDA Natural Resources Conservation Service (NRCS) methodology, including the NRCS Runoff Equation and Dimensionless Unit Hydrograph, as described in Chapters 7, 9, 10, 15 and 16 Part 630, Hydrology National Engineering Handbook, incorporated herein by reference as amended and supplemented. This methodology is additionally described in Technical Release 55 - Urban Hydrology for Small Watersheds (TR-55), dated June 1986, incorporated herein by reference as amended and supplemented. Information regarding the methodology is available from the Natural Resources Conservation Service website at https://www.nrcs.usda.gov/Internet/FSE_DOCUMENTS/stelprdb1044171.pdf or at United States Department of Agriculture Natural Resources Conservation Service, 220 Davison Avenue, Somerset, New Jersey 08873; or

[2]

The Rational Method for peak flow and the Modified Rational Method for hydrograph computations. The rational and modified rational methods are described in "Appendix A-9 Modified Rational Method" in the Standards for Soil Erosion and Sediment Control in New Jersey, January 2014. This document is available from the State Soil Conservation Committee or any of the Soil Conservation Districts listed at N.J.A.C. 2:90-1.3(a)3. The location, address, and telephone number for each Soil Conservation District is available from the State Soil Conservation Committee, PO Box 330, Trenton, New Jersey 08625. The document is also available at http://www.nj.gov/agriculture/divisions/anr/pdf/2014NJSoilErosionControlStandardsComplete.pdf.

(b)

For the purpose of calculating runoff coefficients and groundwater recharge, there is a presumption that the preconstruction condition of a site or portion thereof is a wooded land use with good hydrologic condition. The term "runoff coefficient" applies to both the NRCS methodology above at Subsection E(1)(a)[1] and the Rational and Modified Rational Methods at Subsection E(1)(a)[2]. A runoff coefficient or a groundwater recharge land cover for an existing condition may be used on all or a portion of the site if the design engineer verifies that the hydrologic condition has existed on the site or portion of the site for at least five years without interruption prior to the time of application. If more than one land cover have existed on the site during the five years immediately prior to the time of application, the land cover with the lowest runoff potential shall be used for the computations. In addition, there is the presumption that the site is in good hydrologic condition (if the land use type is pasture, lawn, or park), with good cover (if the land use type is woods), or with good hydrologic condition and conservation treatment (if the land use type is cultivation).

(c)

In computing preconstruction stormwater runoff, the design engineer shall account for all significant land features and structures, such as ponds, wetlands, depressions, hedgerows, or culverts, that may reduce preconstruction stormwater runoff rates and volumes.

(d)

In computing stormwater runoff from all design storms, the design engineer shall consider the relative stormwater runoff rates and/or volumes of pervious and impervious surfaces separately to accurately compute the rates and volume of stormwater runoff from the site. To calculate runoff from unconnected impervious cover, urban impervious area modifications as described in the NRCS Technical Release 55 - Urban Hydrology for Small Watersheds or other methods may be employed.

(e)

If the invert of the outlet structure of a stormwater management measure is below the flood hazard design flood elevation as defined at N.J.A.C. 7:13, the design engineer shall take into account the effects of tailwater in the design of structural stormwater management measures.

(2)

Groundwater recharge may be calculated in accordance with the following: The New Jersey Geological Survey Report GSR-32, A Method for Evaluating Groundwater-Recharge Areas in New Jersey, incorporated herein by reference as amended and supplemented. Information regarding the methodology is available from the New Jersey Stormwater Best Management Practices Manual; at the New Jersey Geological Survey website at https://www.nj.gov/dep/njgs/pricelst/gsreport/gsr32.pdf; or at New Jersey Geological and Water Survey, 29 Arctic Parkway, PO Box 420 Mail Code 29-01, Trenton, New Jersey 08625-0420.

Sources for technical guidance.

(1)

Technical guidance for stormwater management measures can be found in the documents listed below, which are available to download from the Department's website at http://www.nj.gov/dep/stormwater/bmp_manual2.htm.

(a)

Guidelines for stormwater management measures are contained in the New Jersey Stormwater Best Management Practices Manual, as amended and supplemented. Information is provided on stormwater management measures such as, but not limited to, those listed in Tables 1, 2, and 3.

(b)

Additional maintenance guidance is available on the Department's website at https://www.njstormwater.org/maintenance_guidance.htm.

(2)

Submissions required for review by the Department should be mailed to: The Division of Water Quality, New Jersey Department of Environmental Protection, Mail Code 401-02B, PO Box 420, Trenton, New Jersey 08625-0420.

Solids and floatable materials control standards.

(1)

Site design features identified under Subsection D(6) above, or alternative designs in accordance with Subsection D(7) above, to prevent discharge of trash and debris from drainage systems shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets. For purposes of this subsection, "solid and floatable materials" means sediment, debris, trash, and other floating, suspended, or settleable solids. For exemptions to this standard see Subsection G(1)(b) below.

(a)

Design engineers shall use one of the following grates whenever they use a grate in pavement or another ground surface to collect stormwater from that surface into a storm drain or surface water body under that grate:

[1]

The New Jersey Department of Transportation (NJDOT) bicycle safe grate, which is described in Chapter 2.4 of the NJDOT Bicycle Compatible Roadways and Bikeways Planning and Design Guidelines; or

[2]

A different grate, if each individual clear space in that grate has an area of no more than 7.0 square inches, or is no greater than 0.5 inch across the smallest dimension.

[a]

Examples of grates subject to this standard include grates in grate inlets, the grate portion (non-curb-opening portion) of combination inlets, grates on storm sewer manholes, ditch grates, trench grates, and grates of spacer bars in slotted drains. Examples of ground surfaces include surfaces of roads (including bridges), driveways, parking areas, bikeways, plazas, sidewalks, lawns, fields, open channels, and stormwater system floors used to collect stormwater from the surface into a storm drain or surface water body.

[3]

For curb-opening inlets, including curb-opening inlets in combination inlets, the clear space in that curb opening, or each individual clear space if the curb opening has two or more clear spaces, shall have an area of no more than 7.0 square inches, or be no greater than 2.0 inches across the smallest dimension.

(b)

The standard in Subsection G(1)(a) above does not apply:

[1]

Where each individual clear space in the curb opening in existing curb-opening inlet does not have an area of more than 9.0 square inches;

[2]

Where the municipality agrees that the standards would cause inadequate hydraulic performance that could not practicably be overcome by using additional or larger storm drain inlets;

[3]

Where flows from the water quality design storm as specified in N.J.A.C. 7:8 are conveyed through any device (e.g., end of pipe netting facility, manufactured treatment device, or a catch basin hood) that is designed, at a minimum, to prevent delivery of all solid and floatable materials that could not pass through one of the following:

[a]

A rectangular space 4.625 inches long and 1.5 inches wide (this option does not apply for outfall netting facilities); or

[b]

A bar screen having a bar spacing of 0.5 inch.

[c]

Note that these exemptions do not authorize any infringement of requirements in the Residential Site Improvement Standards for bicycle safe grates in new residential development [N.J.A.C. 5:21-4.18(b)2 and 7.4(b)1].

[4]

Where flows are conveyed through a trash rack that has parallel bars with one-inch spacing between the bars, to the elevation of the water quality design storm as specified in N.J.A.C. 7:8; or

[5]

Where the New Jersey Department of Environmental Protection determines, pursuant to the New Jersey Register of Historic Places rules at N.J.A.C. 7:4-7.2(c), that action to meet this standard is an undertaking that constitutes an encroachment or will damage or destroy the New Jersey Register listed historic property.

Safety standards for stormwater management basins.

(1)

This section sets forth requirements to protect public safety through the proper design and operation of stormwater management BMPs. This section applies to any new stormwater management BMP.

(2)

The provisions of this section are not intended to preempt more stringent municipal or county safety requirements for new or existing stormwater management BMPs. Municipal and county stormwater management plans and ordinances may, pursuant to their authority, require existing stormwater management BMPs to be retrofitted to meet one or more of the safety standards in Subsection H(3)(a), (b) and (c) for trash racks, overflow grates, and escape provisions at outlet structures.

(3)

Requirements for trash racks, overflow grates and escape provisions.

(a)

A trash rack is a device designed to catch trash and debris and prevent the clogging of outlet structures. Trash racks shall be installed at the intake to the outlet from the stormwater management BMP to ensure proper functioning of the BMP outlets in accordance with the following:

[1]

The trash rack shall have parallel bars, with no greater than six-inch spacing between the bars;

[2]

The trash rack shall be designed so as not to adversely affect the hydraulic performance of the outlet pipe or structure;

[3]

The average velocity of flow through a clean trash rack is not to exceed 2.5 feet per second under the full range of stage and discharge. Velocity is to be computed on the basis of the net area of opening through the rack; and

[4]

The trash rack shall be constructed of rigid, durable, and corrosion resistant material and designed to withstand a perpendicular live loading of 300 pounds per square foot.

(b)

An overflow grate is designed to prevent obstruction of the overflow structure. If an outlet structure has an overflow grate, such grate shall meet the following requirements:

[1]

The overflow grate shall be secured to the outlet structure but removable for emergencies and maintenance.

[2]

The overflow grate spacing shall be no less than two inches across the smallest dimension.

[3]

The overflow grate shall be constructed and installed to be rigid, durable, and corrosion resistant, and shall be designed to withstand a perpendicular live loading of 300 pounds per square foot.

(c)

Stormwater management BMPs shall include escape provisions as follows:

[1]

If a stormwater management BMP has an outlet structure, escape provisions shall be incorporated in or on the structure. Escape provisions include the installation of permanent ladders, steps, rungs, or other features that provide easily accessible means of egress from stormwater management BMPs. With the prior approval of the municipality pursuant to Subsection H(3), a freestanding outlet structure may be exempted from this requirement;

[2]

Safety ledges shall be constructed on the slopes of all new stormwater management BMPs having a permanent pool of water deeper than 2 1/2 feet. Safety ledges shall be comprised of two steps. Each step shall be four feet to six feet in width. One step shall be located approximately 2 1/2 feet below the permanent water surface, and the second step shall be located one foot to 1 1/2 feet above the permanent water surface. See Subsection H(5) for an illustration of safety ledges in a stormwater management BMP; and

[3]

In new stormwater management BMPs, the maximum interior slope for an earthen dam, embankment, or berm shall not be steeper than three horizontal to one vertical.

(4)

Variance or exemption from safety standard. A variance or exemption from the safety standards for stormwater management BMPs may be granted only upon a written finding by the municipality that the variance or exemption will not constitute a threat to public safety.

(5)

Safety ledge illustration.

Elevation View - Basin Safety Ledge Configuration

Requirements for a site development stormwater plan.

(1)

Submission of site development stormwater plan.

(a)

Whenever an applicant seeks municipal approval of a development subject to this section, the applicant shall submit all of the required components of the checklist for the site development stormwater plan at Subsection I(3) below as part of the submission of the application for approval.

(b)

The applicant shall demonstrate that the project meets the standards set forth in this section.

(c)

The applicant shall submit 14 copies of the materials listed in the checklist for site development stormwater plans in accordance with Subsection I(3) of this section.

(2)

Site development stormwater plan approval. The applicant's site development project shall be reviewed as a part of the review process by the municipal board or official from which municipal approval is sought. That municipal board or official shall consult the municipality's review engineer to determine if all of the checklist requirements have been satisfied and to determine if the project meets the standards set forth in this section.

(3)

Submission of site development stormwater plan. The following information shall be required:

(a)

Topographic base map. The reviewing engineer may require upstream tributary drainage system information as necessary. It is recommended that the topographic base map of the site be submitted which extends a minimum of 200 feet beyond the limits of the proposed development, at a scale of one inch equals 200 feet or greater, showing two-foot contour intervals. The map as appropriate may indicate the following: existing surface water drainage, shorelines, steep slopes, soils, erodible soils, perennial or intermittent streams that drain into or upstream of the Category One waters, wetlands and floodplains along with their appropriate buffer strips, marshlands and other wetlands, pervious or vegetative surfaces, existing man-made structures, roads, bearing and distances of property lines, and significant natural and man-made features not otherwise shown.

(b)

Environmental site analysis. A written and graphic description of the natural and man-made features of the site and its surroundings should be submitted. This description should include a discussion of soil conditions, slopes, wetlands, waterways and vegetation on the site. Particular attention should be given to unique, unusual, or environmentally sensitive features and to those that provide particular opportunities or constraints for development.

(c)

Project description and site plans. A map (or maps) at the scale of the topographical base map indicating the location of existing and proposed buildings roads, parking areas, utilities, structural facilities for stormwater management and sediment control, and other permanent structures. The map(s) shall also clearly show areas where alterations will occur in the natural terrain and cover, including lawns and other landscaping, and seasonal high groundwater elevations. A written description of the site plan and justification for proposed changes in natural conditions shall also be provided.

(d)

Land use planning and source control plan. This plan shall provide a demonstration of how the goals and standards of Subsections C through E are being met. The focus of this plan shall be to describe how the site is being developed to meet the objective of controlling groundwater recharge, stormwater quality and stormwater quantity problems at the source by land management and source controls whenever possible.

(e)

Stormwater management facilities map. The following information, illustrated on a map of the same scale as the topographic base map, shall be included:

[1]

Total area to be disturbed, paved or built upon, proposed surface contours, land area to be occupied by the stormwater management facilities and the type of vegetation thereon, and details of the proposed plan to control and dispose of stormwater.

[2]

Details of all stormwater management facility designs, during and after construction, including discharge provisions, discharge capacity for each outlet at different levels of detention and emergency spillway provisions with maximum discharge capacity of each spillway.

(f)

Calculations.

[1]

Comprehensive hydrologic and hydraulic design calculations for the predevelopment and postdevelopment conditions for the design storms specified in Subsection D of this section.

[2]

When the proposed stormwater management control measures depend on the hydrologic properties of soils or require certain separation from the seasonal high water table, then a soils report shall be submitted. The soils report shall be based on on site boring logs or soil pit profiles. The number and location of required soil borings or soil pits shall be determined based on what is needed to determine the suitability and distribution of soils present at the location of the control measure.

(g)

Maintenance and repair plan. The design and planning of the stormwater management facility shall meet the maintenance requirements of Subsection J.

(h)

Waiver from submission requirements. The municipal official or board reviewing an application under this section may, in consultation with the municipality's review engineer, waive submission of any of the requirements in Subsection I(3)(a) through I(3)(f) of this section when it can be demonstrated that the information requested is impossible to obtain or it would create a hardship on the applicant to obtain and its absence will not materially affect the review process.

Maintenance and repair.

(1)

Applicability. Projects subject to review as in Subsection A(3) of this section shall comply with the requirements of Subsection J(2) and (3).

(2)

General maintenance.

(a)

The design engineer shall prepare a maintenance plan for the stormwater management measures incorporated into the design of a major development.

(b)

The maintenance plan shall contain specific preventative maintenance tasks and schedules; cost estimates, including estimated cost of sediment, debris, or trash removal; and the name, address, and telephone number of the person or persons responsible for preventative and corrective maintenance (including replacement). The plan shall contain information on BMP location, design, ownership, maintenance tasks and frequencies, and other details as specified in Chapter 8 of the New Jersey BMP Manual, as well as the tasks specific to the type of BMP, as described in the applicable chapter containing design specifics.

(c)

If the maintenance plan identifies a person other than the property owner (for example, a developer, a public agency or homeowners' association) as having the responsibility for maintenance, the plan shall include documentation of such person's or entity's agreement to assume this responsibility, or of the owner's obligation to dedicate a stormwater management facility to such person under an applicable ordinance or regulation.

(d)

Responsibility for maintenance shall not be assigned or transferred to the owner or tenant of an individual property in a residential development or project, unless such owner or tenant owns or leases the entire residential development or project. The individual property owner may be assigned incidental tasks, such as weeding of a green infrastructure BMP, provided the individual agrees to assume these tasks; however, the individual cannot be legally responsible for all of the maintenance required.

(e)

If the party responsible for maintenance identified under Subsection J(2)(c) above is not a public agency, the maintenance plan and any future revisions based on Subsection J(2)(g) below shall be recorded upon the deed of record for each property on which the maintenance described in the maintenance plan must be undertaken.

(f)

Preventative and corrective maintenance shall be performed to maintain the functional parameters (storage volume, infiltration rates, inflow/outflow capacity, etc.) of the stormwater management measure, including, but not limited to, repairs or replacement to the structure; removal of sediment, debris, or trash; restoration of eroded areas; snow and ice removal; fence repair or replacement; restoration of vegetation; and repair or replacement of nonvegetated linings.

(g)

The party responsible for maintenance identified under Subsection J(2)(c) above shall perform all of the following requirements:

[1]

Maintain a detailed log of all preventative and corrective maintenance for the structural stormwater management measures incorporated into the design of the development, including a record of all inspections and copies of all maintenance-related work orders;

[2]

Evaluate the effectiveness of the maintenance plan at least once per year and adjust the plan and the deed as needed; and

[3]

Retain and make available, upon request by any public entity with administrative, health, environmental, or safety authority over the site, the maintenance plan and the documentation required by Subsection J(2)(f) and (g) above.

(h)

The requirements of Subsection J(2)(c) and (2)(d) do not apply to stormwater management facilities that are dedicated to and accepted by the municipality or another governmental agency, subject to all applicable municipal stormwater general permit conditions, as issued by the Department.

(i)

In the event that the stormwater management facility becomes a danger to public safety or public health, or if it is in need of maintenance or repair, the municipality shall so notify the responsible person in writing. Upon receipt of that notice, the responsible person shall have 14 days to effect maintenance and repair of the facility in a manner that is approved by the municipal engineer or his designee. The municipality, in its discretion, may extend the time allowed for effecting maintenance and repair for good cause. If the responsible person fails or refuses to perform such maintenance and repair, the municipality or county may immediately proceed to do so and shall bill the cost thereof to the responsible person. Nonpayment of such bill may result in a lien on the property.

(3)

Nothing in this subsection shall preclude the municipality in which the major development is located from requiring the posting of a performance or maintenance guarantee in accordance with N.J.S.A. 40:55D-53.

Penalties. Any person(s) who erects, constructs, alters, repairs, converts, maintains, or uses any building, structure or land in violation of this section shall be subject to the following penalties: a fine not to exceed $500 per day for the first offense, and a fine not to exceed $1,000 per day for the second offense, or to imprisonment for a period not exceeding 90 days, or to community service for a period of 90 days for each and every day of violation.

Severability. Each section, subsection, sentence, clause and phrase of this section is declared to be an independent section, subsection, sentence, clause and phrase, and the finding or holding of any such portion of this section to be unconstitutional, void, or ineffective for any cause, or reason, shall not affect any other portion of this section.

Effective date. This section shall be in full force and effect from and after its adoption and any publication as required by law.

	I HEREBY CERTIFY THAT ALL REQUIRED IMPROVEMENTS OF THIS SITE PLAN HAVE BEEN INSTALLED IN COMPLIANCE WITH ALL APPLICABLE CODES AND ORDINANCES.
	Date ________________ Borough Engineer
	Date ________________ Building Inspector
	Occupancy Permit Issued ______________
	Date

	Site Plan of
	Lot _________ Block____ ______ Zone
	Date _____________Scale
	Applicant
	Address

	APPROVED BY THE PLANNING BOARD (BOARD OF ADJUSTMENT) OF THE BOROUGH OF RIDGEFIELD.
	Date
	Chairman

	I HAVE REVIEWED THIS SITE PLAN AND CERTIFY THAT IT MEETS ALL CODES AND ORDINANCES UNDER MY JURISDICTION.

	Date	Borough Engineer

	I HEREBY CERTIFY THAT ALL REQUIRED IMPROVEMENTS HAVE BEEN INSTALLED OR THAT A PERFORMANCE GUARANTY HAS BEEN POSTED IN ACCORDANCE WITH SECTION ..................... OF THE SITE PLAN ORDINANCE.
	Building Inspector
	Borough Engineer