A. 
The development shall incorporate a maintenance plan for the stormwater management measures incorporated into the design of a major development in accordance with Article IX.
B. 
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 15.150, particularly Helonias bullata (swamp pink) and/or Clemmys muhlnebergi (bog turtle).
C. 
The following linear development projects are exempt from the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity requirements of §§ 172-9, 172-10, and 172-11:
(1) 
The construction of an underground utility line, provided that the disturbed areas are revegetated upon completion;
(2) 
The construction of an aboveground utility line, provided that the existing conditions are maintained to the maximum extent practicable; and
(3) 
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.
D. 
A waiver from strict compliance from the green infrastructure, groundwater recharge, stormwater runoff quality, and stormwater runoff quantity requirements of §§ 172-8, 172-9, 172-10, and 172-11 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:
(1) 
The applicant demonstrates that there is a public need for the project that cannot be accomplished by any other means;
(2) 
The applicant demonstrates through an alternatives analysis that through the use of stormwater management measures, the option selected complies with the requirements of §§ 172-8, 172-9, 172-10, and 172-11 to the maximum extent practicable;
(3) 
The applicant demonstrates that, in order to meet the requirements of §§ 172-8, 172-9, 172-10, and 172-11, existing structures currently in use, such as homes and buildings, would need to be condemned; and
(4) 
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 § 172-7D(3) above, within the upstream drainage area of the receiving stream that would provide additional opportunities to mitigate the requirements of §§ 172-8, 172-9, 172-10, and 172-11 that were not achievable on site.
E. 
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 §§ 172-8, 172-9, 172-10, and 172-11. 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://dep.nj.gov/stormwater/bmp-manual/.
F. 
Where the BMP tables in the New Jersey Stormwater Management Rule are different due to updates or amendments with the tables in this chapter, 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)
2(b)
No(c)
1(c)
Small-scale bioretention basin(a)
80 or 90
Yes
Yes(b)
2(b)
No(c)
1(c)
Small-scale infiltration basin(a)
80
Yes
Yes
2
Small-scale sand filter
80
Yes
Yes
2
Vegetative filter strip
60-80
No
No
—
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)
2(b)
No(c)
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)
50-90
Yes
No
N/A
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
(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 § 172-5.
(h)
Manufactured treatment devices that do not meet the definition of "green infrastructure" at § 172-5.
G. 
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 § 172-14B. Alternative stormwater management measures may be used to satisfy the requirements at § 172-8 only if the measures meet the definition of "green infrastructure" at § 172-5. Alternative stormwater management measures that function in a similar manner to a BMP listed at § 172- 8B are subject to the contributory drainage area limitation specified at § 172-8B 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 § 172-8B 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 § 172-7D is granted from § 172-8.
H. 
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.
I. 
Design standards for stormwater management measures are as follows:
(1) 
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);
(2) 
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 1/3 the width of the diameter of the orifice or 1/3 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 § 172-16C;
(3) 
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, 7.4, and 7.5 shall be deemed to meet this requirement;
(4) 
Stormwater management BMPs shall be designed to meet the minimum safety standards for stormwater management BMPs at § 172-16; and
(5) 
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.
J. 
Manufactured treatment devices may be used to meet the requirements of this article, 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 § 172-5 may be used only under the circumstances described at § 172-8D.
K. 
Any application for a new agricultural development that meets the definition of "major development" at § 172-5 shall be submitted to the Soil Conservation District for review and approval in accordance with the requirements at §§ 172-8, 172-9, 172-10, and 172-11 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.
L. 
If there is more than one drainage area, the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at §§ 172-9, 172-10, and 172-11 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.
M. 
Any stormwater management measure authorized under the municipal stormwater management plan or ordinance shall be reflected in a deed notice recorded in the Morris County Clerk's office. 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 §§ 172-8, 172-9, 172-10, and 172-11 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 § 172-21E. 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.
N. 
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 Article IV of this chapter 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 Morris County Clerk's Office and shall contain a description and location of the stormwater management measure, as well as reference to the maintenance plan, in accordance with Subsection M 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 M above.
A. 
This section 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 §§ 172-9 and 172-10, the design engineer shall utilize green infrastructure BMPs identified in Table 1 at § 172-7F and/or an alternative stormwater management measure approved in accordance with § 172-7G. 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 3 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 § 172-11, the design engineer shall utilize BMPs from Table 1 or from Table 2 and/or an alternative stormwater management measure approved in accordance with § 172-7G.
D. 
If a variance in accordance with N.J.A.C. 7:8-4.6 or a waiver from strict compliance in accordance with § 172-7D is granted from the requirements of this section, then BMPs from Table 1, 2, or 3, and/or an alternative stormwater management measure approved in accordance with § 172-7G, may be used to meet the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at §§ 172-9, 172-10 and 172-11.
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 section 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 section. Regardless of the amount of area of a separate or combined storm sewer improvement project subject to the green infrastructure requirements of this section, each project shall fully comply with the applicable groundwater recharge, stormwater runoff quality control, and stormwater runoff quantity standards at §§ 172-9, 172-10 and 172-11, unless the project is granted a waiver from strict compliance in accordance with § 172-7D.
A. 
This section 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 Article V, 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 post-construction for the projected two-year storm, as defined and determined by this chapter, is infiltrated.
C. 
This groundwater recharge requirement does not apply to projects within the urban redevelopment area or to projects subject to Subsection 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 approved pursuant to the Administrative Requirements for the Remediation of Contaminated Sites rules, N.J.A.C. 7:26C, or Department landfill closure plan and areas; 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.
A. 
This section 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 1/4 acre or more of regulated motor vehicle surface.
B. 
Stormwater management measures shall be designed to reduce the post-construction 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 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
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 post-construction 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 §§ 172-9, 172-10, and 172-11.
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)3.i, runoff from the water quality design storm that is discharged within a 300-foot riparian zone shall be treated in accordance with this section to reduce the post-construction load of total suspended solids by 95% of the anticipated load from the developed site, expressed as an annual average.
J. 
These 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.
A. 
This section 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 Article V, complete one of the following:
(1) 
Demonstrate through hydrologic and hydraulic analysis that for stormwater leaving the site, post-construction runoff hydrographs for the current and projected two-, ten-, and 100-year storm events, as defined and determined in § 172-5C and D, respectively, of this chapter, 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 current and projected two-, ten-, and 100-year storm events, as defined and determined pursuant to § 172-5C and D, respectively, of this chapter, 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 post-construction peak runoff rates for the current and projected two-, ten-, and 100-year storm events, as defined and determined in § 172-5C and D, respectively, of this chapter, are 50%, 75% and 80%, respectively, of the preconstruction peak runoff rates. The percentages apply only to the post-construction stormwater runoff that is attributable to the portion of the site on which the proposed development or project is to be constructed; or
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.