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Stormwater Control Plan Ordinance
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Executive Summary
This document is an ordinance amending Chapter 146A, entitled "Stormwater Management," of the Revised General Ordinances of the Borough of Riverdale, New Jersey. The ordinance establishes minimum stormwater management requirements and controls for "major development" to protect public health, safety, and welfare. It focuses on flood control, groundwater recharge, and pollutant reduction through green infrastructure and nonstructural stormwater management strategies. The ordinance was adopted on February 24, 2021.
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--- Document: Stormwater Control Plan Ordinance Document ---
BOROUGH OF RIVERDALE
NEW JERSEY
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2-2021
Adopted: February 24, 2021
ORDINANCE AMENDING CHAPTER 146A ENTITLED “STORMWATER MANAGEMENT”
OF THE REVISED GENERAL ORDINANCES OF THE BOROUGH OF RIVERDALE
BE IT ORDAINED by the Mayor and Council of the Borough of Riverdale, in the County of Morris and
State of New Jersey, as follows:
Section 1. Chapter 146A, entitled “Stormwater Management”, of the Revised General Ordinances of
the Borough of Riverdale shall be amended by the following amendments to Article I, Sections 146A-1
through 146A-11, which shall read in their entirety as follows:
Chapter 146A Stormwater Management
Article I Requirements and Controls for Major Development
§146A-1 Scope and Purpose:
A. Policy statement. In filing an application for general development plan, preliminary major
subdivision or preliminary major site plan, the applicant shall comply with the following stormwater
management requirements:
(1) 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.
B. Purpose
(1) The purpose of this ordinance is to protect the public health, safety and welfare of the citizens of
the Borough of Riverdale and the surrounding communities by establishing minimum
stormwater management requirements and controls for “major development,” as defined below
in §146A-2.
C. Applicability
(1) This ordinance shall be applicable to the following major developments:
(a) Non-residential major developments; and
(b) Aspects of residential major developments that are not pre-empted by the Residential Site
Improvement Standards at N.J.A.C. 5:21.
(2) This ordinance shall also be applicable to all major developments undertaken by the Borough of
Riverdale
D. Compatibility with Other Permit and Ordinance Requirements. Development approvals issued
pursuant to this ordinance 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 ordinance shall be held to be the minimum requirements for the
promotion of the public health, safety, and general welfare. This ordinance 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 ordinance imposes restrictions different from those
imposed by any other ordinance, rule or regulation, or other provision of law, the more restrictive
BOROUGH OF RIVERDALE
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provisions or higher standards shall control.
§146A-2 Definitions:
For the purpose of this ordinance, the following terms, phrases, words and their derivations shall have
the meanings stated herein unless their use in the text of this Chapter 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 chapter.
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 Morris County Board of Chosen
Freeholders to review municipal stormwater management plans and implementing ordinance(s). The
county review agency may either be: a county planning agency or; 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.
DESIGNATED CENTER – a State Development and Redevelopment Plan Center as designated by the
State Planning Commission such as urban, regional, town, village, or hamlet.
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.
DEVELOPMENT – the division of a parcel of land into two or more parcels, the construction,
reconstruction, conversion, structural alteration, relocation or enlarge-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.
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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 waterbody or to a particular point along a receiving waterbody.
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 well head 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.
EMPOWERMENT NEIGHBORHOODS – neighborhoods designated by the Urban Coordinating
Council “in consultation and conjunction with” the New Jersey Redevelopment Authority pursuant to
N.J.S.A 55:19-69.
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: treating stormwater runoff through infiltration into subsoil; treating stormwater runoff
through filtration by vegetation or soil; or 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 14-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 – is 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 – an individual “development,” as well as multiple developments that
individually or collectively result in:
A. The disturbance of one or more acres of land since February 2, 2004;
B. The creation of one-quarter acre or more of “regulated impervious surface” since February 2,
2004;
C. The creation of one-quarter acre or more of “regulated motor vehicle surface” since March 2,
2021 or the effective date of this ordinance, whichever is earlier; or
D. A combination of B and C above that totals an area of one-quarter acre or more. The same
surface shall not be counted twice when determining if the combination area equals one-quarter
acre or more.
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 A, B, C, or D 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.”
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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 chapter.
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 chapter. Alternative stormwater management
measures, removal rates, or calculation methods may be utilized, subject to any limitations specified in
this chapter, provided the design engineer demonstrates to the municipality, in accordance with §146A-
4.F. of this ordinance 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 chapter.
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, ground waters 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:
A. A net increase of impervious surface;
B. 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);
C. The total area of impervious surface proposed to be newly collected by an existing stormwater
conveyance system; and/or,
D. 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:
A. A net increase in motor vehicle surface; and/or,
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B. The total 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, 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 non-
stormwater discharges into stormwater conveyances.
STORMWATER RUNOFF – water flow on the surface of the ground or in storm sewers, resulting from
precipitation.
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.
URBAN COORDINATING COUNCIL EMPOWERMENT NEIGHBORHOOD - means a neighborhood
given priority access to State resources through the New Jersey Redevelopment Authority.
URBAN ENTERPRISE ZONES – 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:
A. Delineated on the State Plan Policy Map (SPPM) as the Metropolitan Planning Area (PA1),
Designated Centers, Cores or Nodes;
B. Designated as CAFRA Centers, Cores or Nodes;
C. Designated as Urban Enterprise Zones; and
D. 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-, 10-, 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
BOROUGH OF RIVERDALE
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subject to its jurisdiction.
WETLANDS or WETLAND – an area that is inundated or saturated by surface water or ground water 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.
§146A-3. Design and Performance Standards for Stormwater Management Measures
A. 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:
(1) 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.
(2) The minimum standards for groundwater recharge, stormwater quality, and stormwater runoff
quantity shall be met by incorporating green infrastructure.
B. The standards in this ordinance 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.
§146A-4. Stormwater Management Requirements for Major Development
A. The development shall incorporate a maintenance plan for the stormwater management measures
incorporated into the design of a major development in accordance with §146A-10.
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 §146A-4.P, Q and R:
(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 §146A-4.O, P, Q and R 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 §146A-4.O, P, Q
and R to the maximum extent practicable;
(3) The applicant demonstrates that, in order to meet the requirements of §146A-4.O, P, Q and R,
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 4.D.(3) above within the
upstream drainage area of the receiving stream, that would provide additional opportunities to
mitigate the requirements of §146A-4.O, P, Q and R that were not achievable onsite.
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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 §146A-4.O, P, Q and R. 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.
F. Where the BMP tables in the NJ Stormwater Management Rule are different due to updates or
amendments with the tables in this ordinance 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
60-80
No
No
--
(Notes corresponding to annotations (a) through (g) are found below Table 3)
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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)
50-90
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
40-60
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
50-90
Yes
No
N/A
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Notes to Tables 1, 2, and 3:
(a) subject to the applicable contributory drainage area limitation specified at §146A-
4.O.(2);
(b) designed to infiltrate into the subsoil;
(c) designed with underdrains;
(d) designed to maintain at least a 10-foot wide area of native vegetation along at least 50
percent 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 two percent;
(f) designed with a slope of equal to or greater than two percent;
(g) manufactured treatment devices that meet the definition of green infrastructure at
§146A-2.;
(h) manufactured treatment devices that do not meet the definition of green infrastructure at
§146A-2.
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 §146A-6.B Alternative stormwater
management measures may be used to satisfy the requirements at §146A-4.O only if the measures
meet the definition of green infrastructure at §146A-2. Alternative stormwater management
measures that function in a similar manner to a BMP listed at Section O.(2) are subject to the
contributory drainage area limitation specified at Section O.(2) 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 Section O.(2) 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
§146A-4.D is granted from §146A-4.O.
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 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 §146A-8.C;
(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 §146A-8; and
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(5) The size of the orifice at the intake to the outlet from the stormwater management BMP shall be
a minimum of two and one-half inches in diameter.
J. Manufactured treatment devices may be used to meet the requirements of this subchapter,
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 §146A-2 may be used only under the circumstances described
at §146A-4.O.(4).
K. Any application for a new agricultural development that meets the definition of major development
at §146A-2 shall be submitted to the Soil Conservation District for review and approval in
accordance with the requirements at §146A-4.O, P, Q and R 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 §146A-4.P, Q and R shall be met in each drainage area,
unless the runoff from the drainage areas converge onsite 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 §146A-4.O,P, Q and R 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 §146A-10.B.(5). 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 §146A-4 of this ordinance 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 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 M above.
O. Green Infrastructure Standards
(1) 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.
(2) To satisfy the groundwater recharge and stormwater runoff quality standards at §146A-4.P and
Q, the design engineer shall utilize green infrastructure BMPs identified in Table 1 at §146A-4.F.
and/or an alternative stormwater management measure approved in accordance with §146A-4
.G. The following green infrastructure BMPs are subject to the following maximum contributory
drainage area limitations:
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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
(3) To satisfy the stormwater runoff quantity standards at §146A-4.R, the design engineer shall
utilize BMPs from Table 1 or from Table 2 and/or an alternative stormwater management
measure approved in accordance with §146A-4.G.
(4) If a variance in accordance with N.J.A.C. 7:8-4.6 or a waiver from strict compliance in
accordance with §146A-4.D 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 §146A-4.G may be used to meet the groundwater recharge, stormwater runoff
quality, and stormwater runoff quantity standards at §146A-4.P, Q and R.
(5) 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 §146A-4.P, Q and R, unless the project is granted a waiver from strict compliance
in accordance with §146A-4.D.
P. Groundwater Recharge Standards
(1) This subsection contains the minimum design and performance standards for groundwater
recharge as follows:
(2) The design engineer shall, using the assumptions and factors for stormwater runoff and
groundwater recharge calculations at §146A-5, either:
(a)
Demonstrate through hydrologic and hydraulic analysis that the site and its stormwater
management measures maintain 100 percent of the average annual pre-construction
groundwater recharge volume for the site; or
(b)
Demonstrate through hydrologic and hydraulic analysis that the increase of stormwater
runoff volume from pre-construction to post-construction for the 2-year storm is infiltrated.
(3) This groundwater recharge requirement does not apply to projects within the “urban
redevelopment area,” or to projects subject to (4) below.
(4) The following types of stormwater shall not be recharged:
(a) 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
(b) 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
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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.
Q. Stormwater Runoff Quality Standards
(1) 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.
(2) 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:
i.
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.
ii.
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.
(3) 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 (2) 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.
(4) 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.
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Table 4 - Water Quality Design Storm
Distribution
(5) If more than one BMP in series is necessary to achieve the required 80 percent 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, and
A = the TSS Percent Removal Rate applicable to the first BMP
B = the TSS Percent Removal Rate applicable to the second BMP.
(6) 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
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BMPs that optimize nutrient removal while still achieving the performance standards in §146A-
4.P, Q and R.
(7) 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.
(8) 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.
(9) 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 subsection to reduce the post-construction load of total suspended solids
by 95 percent of the anticipated load from the developed site, expressed as an annual average.
(10) 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.
R. Stormwater Runoff Quantity Standards
(1) This subsection contains the minimum design and performance standards to control stormwater
runoff quantity impacts of major development.
(2) In order to control stormwater runoff quantity impacts, the design engineer shall, using the
assumptions and factors for stormwater runoff calculations at §146A-5, complete one of the
following:
i. Demonstrate through hydrologic and hydraulic analysis that for stormwater leaving the site,
post-construction runoff hydrographs for the 2-, 10-, and 100-year storm events do not
exceed, at any point in time, the pre-construction runoff hydrographs for the same storm
events;
ii. Demonstrate through hydrologic and hydraulic analysis that there is no increase, as compared
to the pre-construction condition, in the peak runoff rates of stormwater leaving the site for
the 2-, 10- 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;
iii. Design stormwater management measures so that the post-construction peak runoff rates for
the 2-, 10- and 100-year storm events are 50, 75 and 80 percent, respectively, of the pre-
construction 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.
(3) The stormwater runoff quantity standards shall be applied at the site’s boundary to each
abutting lot, roadway, watercourse, or receiving storm sewer system.
§146A-5 Calculation of Stormwater Runoff and Groundwater Recharge:
A. Stormwater runoff shall be calculated in accordance with the following:
(1) The design engineer shall calculate runoff using one of the following methods:
(a) 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
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or at United States Department of Agriculture Natural Resources Conservation Service, 220
Davison Avenue, Somerset, New Jersey 08873; or
(b) 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/2014NJSoilErosionControlStandardsComplet
e.pdf.
(2) For the purpose of calculating runoff coefficients and groundwater recharge, there is a
presumption that the pre-construction 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 §146A-5.A.(1)(a) and the Rational and Modified Rational Methods at
§146A-5.A.(1)(b). 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).
(3) In computing pre-construction 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 pre-construction stormwater runoff rates and volumes.
(4) 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.
(5) 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.
B. 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.
§146A-6 Sources for Technical Guidance:
A. 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.
(1) 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.
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(2) Additional maintenance guidance is available on the Department’s website at:
https://www.njstormwater.org/maintenance_guidance.htm.
B. 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.
§146A-7 Solids and Floatable Materials Control Standards:
A. Site design features identified under §146A-4.F above, or alternative designs in accordance with
§146A-4.G 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 paragraph, “solid and floatable materials” means sediment, debris,
trash, and other floating, suspended, or settleable solids. For exemptions to this standard see
§146A-7.A.(2) below.
(1) 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:
(a)
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
(b)
A different grate, if each individual clear space in that grate has an area of no more than
seven (7.0) square inches, or is no greater than 0.5 inches across the smallest
dimension. 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.
(c)
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 seven (7.0) square inches, or be
no greater than two (2.0) inches across the smallest dimension.
(2) The standard in A.(1) above does not apply:
(a)
Where each individual clear space in the curb opening in existing curb-opening inlet does
not have an area of more than nine (9.0) square inches;
(b)
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;
(c)
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:
[1] A rectangular space four and five-eighths (4.625) inches long and one and one-half (1.5)
inches wide (this option does not apply for outfall netting facilities); or
[2] A bar screen having a bar spacing of 0.5 inches.
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).
(d)
Where flows are conveyed through a trash rack that has parallel bars with one-inch (1 inch)
spacing between the bars, to the elevation of the Water Quality Design Storm as specified in
N.J.A.C. 7:8; or
(e)
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
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standard is an undertaking that constitutes an encroachment or will damage or destroy the
New Jersey Register listed historic property.
§146A-8 Safety Standards for Stormwater Management Basins:
A. 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.
B. 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 §146A-8.C.(1),
8.C.(2), and 8.C.(3) for trash racks, overflow grates, and escape provisions at outlet structures.
C. Requirements for Trash Racks, Overflow Grates and Escape Provisions
(1) 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:
(a) The trash rack shall have parallel bars, with no greater than six-inch spacing between the bars;
(b) The trash rack shall be designed so as not to adversely affect the hydraulic performance of the
outlet pipe or structure;
(c) 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
(d) 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.
(2) 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:
(a) The overflow grate shall be secured to the outlet structure but removable for emergencies and
maintenance.
(b) The overflow grate spacing shall be no less than two inches across the smallest dimension
(c) 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.
(3) Stormwater management BMPs shall include escape provisions as follows:
(a)
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
§146A-8.C, a free-standing outlet structure may be exempted from this requirement;
(b)
Safety ledges shall be constructed on the slopes of all new stormwater management BMPs
having a permanent pool of water deeper than two and one-half feet. Safety ledges shall be
comprised of two steps. Each step shall be four to six feet in width. One step shall be
located approximately two and one-half feet below the permanent water surface, and the
second step shall be located one to one and one-half feet above the permanent water
surface. See §146A-8.E for an illustration of safety ledges in a stormwater management
BMP; and
(c)
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.
D. 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.
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E. Safety Ledge Illustration
Elevation View –Basin Safety Ledge Configuration
§146A-9 Requirements for a Site Development Stormwater Plan:
A. Submission of Site Development Stormwater Plan
1. Whenever an applicant seeks municipal approval of a development subject to this article, the
applicant shall submit all of the required data for the site development stormwater management
plan (SDSMP) as specified in Subsection C of this section below as part of the submission of
the applicant's application for subdivision or site plan approval. The SDSMP shall be a written
report together with maps, diagrams, charts, and data consistent with the purposes, policies and
requirements of these provisions which fully indicates the necessary land treatment measures
and techniques, including a schedule of implementation and maintenance.
2. The applicant shall demonstrate that the project meets the standards set forth in this article.
3. The applicant shall establish a funding mechanism for maintenance of proposed stormwater
control facilities.
B. 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 ordinance.
C. Submission of Site Development Stormwater Plan. The following information shall be required:
(1) 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 1"=200' or greater, showing 2-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 flood plains 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 manmade features
not otherwise shown.
(2) 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.
(3) 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.
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(4) Land Use Planning and Source Control Plan. This plan shall provide a demonstration of how the
goals and standards of §146A-3 through §146A-5 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.
(5) Stormwater Management Facilities Map. The following information, illustrated on a map of the
same scale as the topographic base map, shall be included:
(a)
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.
(b)
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.
(6) Calculations
(a)
Comprehensive hydrologic and hydraulic design calculations for the pre-development and
post-development conditions for the design storms specified in §146A-4 of this ordinance.
(b)
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 onsite 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.
(7) Maintenance and Repair Plan. The design and planning of the stormwater management facility
shall meet the maintenance requirements of §146A-10.
(8) Waiver from Submission Requirements. The municipal official or board reviewing an application
under this ordinance may, in consultation with the municipality’s review engineer, waive
submission of any of the requirements in §146A-9.C.(1) through §146A-9.C.(6) of this ordinance
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.
§146A-10 Maintenance and Repair:
A. Applicability
Projects subject to review as in §146A-1.C of this ordinance shall comply with the requirements of
§146A-10.B and §146A-10.C.
B. General Maintenance
(1) The design engineer shall prepare a maintenance plan for the stormwater management
measures incorporated into the design of a major development.
(2) 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 NJ BMP Manual, as well as the tasks specific to the type of BMP, as
described in the applicable chapter containing design specifics.
(3) 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.
(4) 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.
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NEW JERSEY
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(5) If the party responsible for maintenance identified under §146A-10.B.(3) above is not a public
agency, the maintenance plan and any future revisions based on §146A-10.B.(7) below shall be
recorded upon the deed of record for each property on which the maintenance described in the
maintenance plan must be undertaken.
(6) 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 non-vegetated
linings.
(7) The party responsible for maintenance identified under §146A-10.B.(3) above shall perform all
of the following requirements:
(a) 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;
(b) evaluate the effectiveness of the maintenance plan at least once per year and adjust the
plan and the deed as needed; and
(c) 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 §146A-10.B.(6) and §146A-10.B.(7) above.
(d) Beginning on January 31, 2019, persons responsible for maintenance under Subsection
B.(2) above shall make annual submissions to the municipality, by January 31, containing
excerpts of the detailed log of all preventative and corrective maintenance that was
performed for the calendar year that just ended for all structural stormwater measures
incorporated into the design of the development, including a record of all inspections and
copies of all maintenance related work orders.
(e) The requirements of §146A-10.B.(3) and §146A-10.B.(4) 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.
(f) 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
fourteen (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.
(g) 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.
§146A-11 Penalties:
A. Penalty. For a violation of any provision of this article, the maximum penalty shall, upon conviction
thereof, be a fine not to exceed $500 or imprisonment not to exceed 90 days, or both, at the
discretion of the Municipal Judge.
B. Separate violations. Except as otherwise provided, each and every day in which a violation of any
provision of this article exists shall constitute a separate violation.
Section 2. If any section or provision of this Ordinance shall be held invalid in any Court of
competent jurisdiction, the same shall not affect the other sections or provisions of this Ordinance,
except so far as the section or provision so declared invalid shall be inseparable from the remainder or
any portion thereof.
Section 3. All Ordinances or parts of Ordinances which are inconsistent herewith are hereby
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repealed to the extent of such inconsistency.
Section 4. This Ordinance shall take effect immediately after final passage and publication in the
manner provided by law.
___________________ ________________________
Abubakar Jalloh, Borough Clerk Paul Carelli, Mayor
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"...ERS 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 BOROUGH OF RIVERDALE NEW JERSEY 6 | P a g e subject to its jurisdiction. WETLANDS or WETLAND – an are..."
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Abubakar Jalloh
Borough Clerk
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First Discovered
Apr 5, 2026
Last Info Update
Apr 5, 2026
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