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

Current through Register Vol. 56, No. 14, July 15, 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.