New Jersey Administrative Code
Title 7 - ENVIRONMENTAL PROTECTION
Chapter 8 - STORMWATER MANAGEMENT
Subchapter 4 - MUNICIPAL STORMWATER MANAGEMENT PLANNING
Section 7:8-4.2 - Municipal stormwater management plan and elements
Universal Citation: NJ Admin Code 7:8-4.2
Current through Register Vol. 56, No. 24, December 18, 2024
(a) A municipal stormwater management plan shall address stormwater-related water quality, groundwater recharge and water quantity impacts of major development, and may also address stormwater-related water quality, water quantity and groundwater recharge impacts of existing land uses. For purposes of this subchapter, major development is limited to projects that ultimately disturb one or more acres of land.
(b) A municipal stormwater management plan and stormwater control ordinance(s) shall conform with applicable regional stormwater management plan(s).
(c) A municipal stormwater management plan shall, at a minimum:
1. Describe how the
municipal stormwater management plan will achieve the goals of stormwater
management planning set forth at
N.J.A.C.
7:8-2.2;
2. Include maps showing water bodies based on
Soil Surveys published by the U.S. Department of Agriculture; the U.S.
Geological Survey Topographic Map, 7.5 minute quadrangle series; or other
sources of information depicting water bodies in similar or greater
detail;
3. Map groundwater recharge
areas and well head protection areas based on maps prepared by the Department
under
N.J.S.A. 58:11A-13 or a municipal ordinance;
4. Describe how the municipal stormwater
management plan incorporates design and performance standards in N.J.A.C. 7:8-5
or alternative design and performance standards adopted as a part of a regional
stormwater management plan or water quality management plan;
5. Describe how adequate long-term operation
as well as preventative and corrective maintenance (including replacement) of
the selected stormwater management measures will be ensured;
6. Describe how the plan will ensure
compliance with Safety Standards for Stormwater Management Basins at N.J.A.C.
7:8-6;
7. Describe how the
municipal stormwater management plan is coordinated with the appropriate Soil
Conservation District and any other stormwater management plans, including any
adopted regional stormwater management plan, prepared by any stormwater
management planning agency related to the river basins or drainage areas to
which the plans and/or ordinances apply;
8. Evaluate the extent to which the
municipality's entire master plan (including the land use plan element),
official map, and development regulations (including the zoning ordinance)
implement green infrastructure and the principles expressed in the
nonstructural stormwater management strategies at
N.J.A.C.
7:8-2.4. This evaluation shall also be
included (with updating as appropriate) in the reexamination report adopted
under
N.J.S.A.
40:55D-89;
9. Include a map of the municipality showing:
i. Projected land uses assuming full
development under existing zoning; and
ii. The hydrologic unit code 14 (HUC 14)
drainage areas as defined by the United States Geological Survey; and an
estimate, for each HUC 14 drainage area, of the total acreage in the
municipality of impervious surface and associated future nonpoint source
pollutant load assuming full build out of the projected land uses.
10. At the option of the
municipality, document that it has a combined total of less than one square
mile of vacant or agricultural lands rather than provide the information
required in (c)8 and 9 above. Agricultural lands may be excluded if the
development rights to these lands have been permanently purchased or restricted
by covenant, easement or deed. Vacant or agricultural lands in environmentally
constrained areas may be excluded if the documentation also includes an overlay
map of these areas at the same scale as the map under (c)10i below.
i. Documentation shall include an existing
land use map at an appropriate scale to display the land uses of each parcel
within the municipality. Such a map shall display the following land uses:
residential (which may be divided into single family, two-to-four family, and
other multi-family), commercial, industrial, agricultural, parkland, other
public uses, semipublic uses, and vacant land;
11. In order to grant a variance from the
stormwater management measures set forth in its approved municipal stormwater
management plan and stormwater control ordinance(s), include a mitigation plan
that identifies what measures are necessary, potential mitigation projects,
and/or criteria to evaluate mitigation projects that can be used to offset the
deficit created by granting a variance in accordance with
N.J.A.C.
7:8-4.6.
12. Include a copy of the recommended
implementing stormwater control ordinance(s) requiring stormwater management
measures;
13. The municipal
stormwater management plan may also include a stream corridor protection plan
to address protection of areas adjacent to waterbodies; and
14. If a municipality that includes an area
served by a combined sewer system or a separate storm sewer system that is
hydraulically connected to a combined sewer system seeks to establish a
community basin(s), include a demonstration, through hydrologic and hydraulic
analysis, that the community basin(s) would alleviate existing or prevent
potential flood damage or combined sewer overflow. A municipality may allow
developments to use the community basin to meet the stormwater runoff quantity
control standards at N.J.A.C. 7:8-56, provided the following minimum
requirements are met:
i. Each contributory
site to the community basin is presently served by a combined sewer system or a
separate storm sewer system that is hydraulically connected to the combined
sewer system;
ii. The runoff from
each contributory site meets the green infrastructure, groundwater recharge,
and water quality standards at
N.J.A.C.
7:8-5.3, 5.4, and 5.5, as applicable, before
leaving the site, unless a variance is granted pursuant to
N.J.A.C.
7:8-4.6;
iii. The conveyance from each contributory
site to the community basin is capable of carrying the 100-year storm to the
community basin without overflow;
iv. The community basin has sufficient
capacity to meet the stormwater runoff quantity standards considering all
stormwater contributing to the community basin;
v. The municipality is the party responsible
for the maintenance of the community basin in accordance with
N.J.A.C.
7:8-5.8; and
vi. The municipality adopts ordinances to
regulate the conditions and limitations of the inflow contributing to the
community basin to ensure the continued function of the community
basin.
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