The drainage system shall be adequate to carry off the storm water and natural drainage water which originates within the watershed affected by the development. No storm water runoff or natural drainage water shall be so diverted as to overload existing drainage systems to create flooding.

No land area shall be developed in such manner that:

Drainage design shall be in accordance with accepted engineering practices for the sizing of drainage structures. All calculations shall be submitted to the Borough Engineer for review and approval.

Specifications for drainage structures shall be in accordance with New Jersey State Highway Standard Specifications, as amended from time to time.

Drainage inlets shall be located at all intersections, with inlets on both sides of a street at intervals of not more than 400 feet, or such shorter distances as required to prevent the flow of surface water from exceeding the capacity of the drainage inlet and gutter.

Drainage inlets shall be located as close as possible to property lines to avoid driveways.

Access manholes or inlets shall be placed at pipe junctions, grade changes and other locations as appropriate.

Lots shall be graded away from on-site buildings. In addition, drainage shall be provided in a manner which will prevent the collection of storm water in puddles or other unauthorized concentrations of flow and water shall not flow across adjacent property lines at greater than pre-development rates.

Approval of drainage structures shall be obtained from the appropriate municipal, County, State and Federal agencies and offices. Where required, each applicant shall make application to the Division of Water Resources of the State Department of Environmental Protection and Energy, the Bergen County Engineering Department and the Borough Engineer. Final approval shall not be effective until letters of approval from the proper governmental authorities shall be furnished to the Approving Authority with a copy forwarded to the Board Engineer.

When required by the municipality and as indicated on an approved development plan, a drainage easement shall be provided to the Borough where a tract or lot is traversed by a watercourse, surface or underground drainageway or drainage system, channel or stream. The drainage easement shall conform substantially with the lines of such watercourse and provide a ten foot (10) access strip along at least one side of the watercourse. In any event, the easement shall be consistent with any minimum widths and locations as shown on any adopted Official Map or Master Plan.

Permit. No fence shall be erected without the issuance of zoning permit. An application for a zoning permit shall be made by completion of a form provided by the Borough and shall be accompanied by a survey or plan depicting the location of the fence and the requisite fee.

Materials and Placement.

Height and Location.

Maintenance and Repair. All fences shall be maintained and kept in good repair by the property owner at the property owner's expense, consistent with the design thereof. The property owner shall also be responsible for maintaining the area between the property line and fence.

Off-street parking spaces for the storage or parking of passenger vehicles of occupants, employees and patrons of principal buildings and structures hereafter erected or enlarged shall be provided and kept available in private garages or parking areas in amounts not less than specified herein.

All minimum requirements for off-street parking and truck loading spaces shall be met at the time of construction or enlargement of any principal building or structure.

No required parking area or off-street truck loading space shall be encroached upon by buildings, storage or any other use.

Nothing in this section shall prevent the repair, reconstruction or rebuilding and continued use of a nonconforming structure, provided the structure is not enlarged and the parking requirements are not increased.

Where more than one use exists on a lot, the required parking for each use shall be calculated separately and the sum of all of the required parking shall be provided.

When the required number of parking spaces calculated as provided herein results in the requirement of a fractional space, it shall be construed as requiring a full space.

Garage and parking decks in nonresidential zone districts shall meet the principal building setbacks required in said districts. Detached garages in residential zones shall meet the accessory building setbacks required in said districts. Garages shall be further subject to the regulations pertaining to accessory buildings prescribed in subsection 26-502.5b of this chapter.

In all districts, required parking areas for residential uses shall be on the same lot with the principal building. Required parking areas for all other uses shall be on the same lot with the building or use served.

(Reserved)

All parking areas should provide sufficient levels of handicapped parking spaces in accordance with all applicable governmental requirements. Handicapped parking spaces may be used to meet the off-street parking requirements of subsection 26-903.2 of this chapter.

Unless otherwise permitted by this chapter, off-street parking shall be provided on a lot in accordance with the following schedule:

Every nonresidential use which has a floor area of 7,500 square feet or more devoted to such use shall be provided with off-street truck loading spaces at the rear of the building in accordance with the following schedule:

Minimum widths of access aisles shall be related to the angle of parking stalls and use of one-way or two-way traffic as follows:

An off-street parking space shall provide a minimum width of nine feet and a minimum length of 18 feet, measured perpendicular to the width along the angle of parking, except that parallel off-street parking spaces shall measure nine feet wide by 23 feet long.

All parking areas shall be designed to permit each vehicle to enter and exit all parking spaces without requiring the moving of any other vehicles. Stacked or tandem parking is prohibited. No parking area shall be designed to require a vehicle to back directly onto a public street when leaving a stall.

An off-street truck loading space shall have minimum width of 10 feet, a minimum length of 25 feet and a minimum clear height of 14 feet. The access from the street to the loading space shall also have a minimum clear height of 14 feet.

Driveways, parking areas and off-street truck loading spaces shall be suitably paved, drained and lighted and appropriately planted and fenced for the protection of adjacent properties in accordance with all applicable provisions of this chapter. Such areas shall be arranged for the safe, adequate and convenient ingress and egress of vehicles and pedestrians. All such facilities shall be maintained in good condition by the owner.

Where a portion of the parking area is located on the ground level underneath any floor of the building, that portion of the parking area, excluding access driveways, which is underneath the building shall be fully enclosed so that it is not visible from any street. The walls used to enclose that portion of the parking area shall be of similar material to match the rest of the principal building.

All parking spaces shall be identified by the use of hairpin pavement markings.

A 10 foot deep buffer area shall be maintained between any parking or loading areas which abut a residential zone or abut an existing residential use and the residential zone or use. The buffer strip shall separate the above mentioned areas by means of a six foot high fence of closely spaced wood materials, and/or the planting of a six foot high living fence of appropriate spaced evergreen plantings to create an effective screen. Fencing shall be located on the non-residential perimeter of the 10 foot buffer strip in such a manner that planting will be provided facing residential properties between the fence and the property line. Unless otherwise permitted by the Approving Authority, the buffer area shall be located on the nonresidential property.

No driveway or parking area in any nonresidential district shall be located closer than five feet to a side or rear property line of an abutting residential zone or use.

Required parking areas and truck loading spaces shall have access to a public street by a driveway on the same lot, which driveway(s) shall have a minimum width of 24 feet, except that one way driveways may provide a width of 15 feet.

In any nonresidential district, no driveway shall be designed so that nonresidential traffic passes a residential district to gain access to the nonresidential use or passes through a residential district to reach a collector or arterial street.

Adequate driveway width and turning radii shall be provided on nonresidential properties to insure adequate and safe passage of emergency vehicles.

The minimum compacted thickness of roadway material shall be as follows:

When subgrade conditions are deemed unsuitable, underdrains shall be installed when and where directed by the Borough Engineer.

All off-street parking areas shall have adequate pavement markings and/or signage to indicate traffic flow and parking spaces.

All off-street parking and loading areas shall be provided with curbing so that vehicles cannot be driven onto required perimeter landscaped areas, buffer zones and street rights-of-way and so that each parking and loading area has controlled entrances and exits and drainage control. The requirements for vertical curbing specified in this section may be waived in favor of flush curbing if deemed appropriate for drainage purposes by the Borough Engineer.

Refuse and recycling storage areas shall be required of all nonresidential uses. The areas shall be suitably dimensioned to accommodate all on-site storage receptacles, and shall be designed to provide separate areas for refuse and recyclable materials.

Such refuse and recycling storage areas shall be located atop a concrete pad and shall be surrounded by a six foot high fence of appropriate materials.

No refuse and recycling storage areas shall be permitted in a front yard, nor shall any such storage area be permitted to obstruct access to parking stalls, driveways or building entrances.

Landscaping shall be provided as part of all development applications and shall be integrated into building arrangements, topography, parking, buffering and other site features. Landscaping may include trees, bushes, shrubs, ground cover, berms, flowers, sculpture, art and similar materials, and shall be designed to provide aesthetic, buffering, climatological, environmental, ornamental, and other similar functions. All landscaping plans shall be prepared by a landscape architect as per site plan rule N.J.S.A. 13:40-7.3(i) or other individual deemed suitably qualified by the Approving Authority.

Street trees shall be provided in all developments at intervals of not more than 50 feet. The trees shall be planted along both sides of streets where appropriate and shall be of types, sizes and locations conducive to healthy growth. All street trees shall be planted two feet outside of the street right-of-way.

In addition to street trees, other tree plantings may be required on all sites by the Approving Authority.

Shade trees shall meet all of the following requirements:

The Approving Authority may allow a credit for existing trees against the street tree planting requirement of this chapter.

The planting of shrubbery, bushes, flowers and similar plantings shall be designed to serve decorative and ornamental functions as well as screening and buffering. Junipers, yews and similar plants shall be used largely for screening and buffering, while hollies, rhododendron, azaleas, barberries and similar plants shall be used at highly visible locations such as front yards, building entrances, pedestrian walkways and adjacent to ground signs. The use of flower beds and planters shall be strongly encouraged.

All parking areas providing at least 10 parking stalls shall provide the following landscaping features:

Sidewalks shall be a maximum of four feet in width.

All loading areas and storage areas for refuse and recycling shall be landscaped in a manner that sufficiently screens the view of the loading area and vehicles from any public right-of-way and residential property. Landscaping in this instance may include berms, fencing, walls or a combination thereof, or any other screening material required by the Approving Authority or this chapter.

All landscape plans shall provide a two year replacement guarantee for all new plantings and all existing trees and other vegetation disturbed by construction to be retained after construction. The plans shall also note that all tree removal shall be performed in conformity with the requirements of the Borough Tree Removal Ordinance.

All landscape plans shall be subject to a post-development inspection by the Board Engineer.

The Approving Authority may reserve the right to impose alternative landscaping requirements after due consideration of the size and type of proposed development, the extent of existing vegetation to be removed during construction, and the nature of surrounding land uses.

Natural features such as trees, views, natural terrain and water bodies shall be preserved whenever possible in any development. The Approving Authority may, at its discretion, reduce the landscaping requirements of this chapter to reflect existing trees and other vegetation retained as part of any site development.

Natural fertility of the soil shall be preserved and on-site soil shall be disturbed as little as possible. Top soil moved during the course of construction shall be redistributed evenly over the tract after construction is completed, with the areas then stabilized by approved seeding, sodding and plantings.

During the design, planning and construction of any development, a conscious effort shall be made to preserve existing vegetation on the site. The Approving Authority may, at its discretion, require special vegetation protection techniques, including snow fencing, to minimize site disturbance during construction. The Approving Authority shall reserve the right to require the transplanting of unique or extraordinary trees that would otherwise be destroyed by site development.

Street lighting shall be of a style and number specified by the Approving Authority and may be required at all roadway intersections, cul-de-sacs and elsewhere as deemed necessary for safety reasons. The costs of all equipment and installation of the street lights shall be borne by the developer.

All parking areas, driveways, walkways, building entrances, loading areas and similar locations serving nonresidential uses shall be adequately illuminated for safety and security purposes. The lighting of intersections, driveways and similar locations shall provide an average illumination of 0.6 foot-candles, while all parking areas shall provide an average illumination of 0.4 foot-candles. Illumination levels of other areas to be lighted shall be determined by the Approving Authority after due consideration of the subject application.

All outdoor lighting shall be arranged and shielded to minimize undesirable lighting impacts such as glare, driver distraction, unnecessary illumination and nightglow. Automatic shut-off or dimming devices shall be required for all light fixtures after 10:00 p.m., or 1/2 hour after the closing of any nonresidential use, whichever is later. Lighting serving residential uses shall be permitted throughout the night.

Where appropriate, wall-mounted light fixtures shall be preferred over pole-mounted fixtures, provided the required illumination levels can be met. When pole-mounted fixtures are required within parking areas, the poles shall be located within landscaped islands; no such pole shall be permitted to be located directly within a parking lot.

No light fixture shall provide a mounting height in excess of 18 feet, or the height of the principal building, whichever is less.

The fixture style of any lighting shall be subject to the approval of the Approving Authority.

All lighting plans shall be subject to a post-development lighting inspection by the Planning Board Engineer.

The Approving Authority may reserve the right to impose alternative lighting requirements after due consideration of the size and type of the proposed development; the location and intensity of nearby street lighting, and the nature of surrounding land uses.

Insofar as practical, lots shall be rectangular. Insofar as possible, side lot lines shall be either at right angles or radial to street lines.

All lots shall be suitable for their intended use. Where the suitability of a lot for its intended use is in question due to locational, environmental or other planning characteristics, the Approving Authority may withhold approval of said lot or lots.

Each lot must front on an approved street.

Concrete monuments shall be located and installed in accordance with Borough requirements and the New Jersey Map Filing Act.

No application for development requiring the vacation of a street or the acquisition of public lands shall be made before an Approving Authority until the vacation or acquisition has been agreed to by the Borough.

All developments shall be served by paved public streets and all new streets shall be graded and provided with an all weather base and pavement with an adequate crown and shall meet Borough specifications and standards.

The arrangement of new streets constructed or to be constructed in subdivisions shall be such as to provide for the logical extension of any existing or mapped streets.

No development showing reserve strips controlling access to another area, either developed or undeveloped, shall be approved except where the control and disposal of land comprising such strips has been given to the Governing Body after recommendation by the Approving Authority.

Developments that adjoin or include existing streets that do not conform to the widths shown on the Master Plan or Official Map or to the street width requirements of this chapter shall include the dedication of the additional width along one or both sides of the road. If the subdivision is along one side of the street only, 1/2 of the required extra width shall be dedicated.

The right-of-way and pavement widths shall not be less than the following:

The right-of-way width for internal roads and alleys in nonresidential developments shall be determined on an individual basis and shall in all cases be of sufficient width and design to safely accommodate the maximum traffic, parking and loading needs and provide maximum access for fire fighting equipment.

Street intersections shall be as nearly at right angles as is possible and in no case shall be less than sixty (60°) degrees. No more than two streets shall meet or intersect at any one point and the centerlines of both intersecting streets shall pass through a common point. Measuring from this common point, any two intersections shall be spaced a minimum of 125 feet apart. The block corners at intersections shall be rounded at the curb line with a curve having a radius of not less than 20 feet. All intersections shall observe the sight triangle requirements of this chapter.

Where streets have reverse curves, a tangent of at least 100 feet in length shall be required between the curves.

Grades of arterial and collector streets shall not exceed 10%. No street shall have a minimum grade of less than 1%.

All changes in grade where the algebraic difference in grade is 1% or greater shall be connected by vertical curves of sufficient length to provide a smooth transition and proper sight distance, but not so great as to create drainage problems.

When connecting street center lines deflect from each other at any point by more than ten (10°) degrees and not more than forty-five (45°) degrees, they shall be connected by a curve with a radius of not less than 100 feet.

Where cul-de-sac streets are used, they shall be designed so that proper drainage is provided. Permanent cul-de-sac streets shall be no longer than 1,000 feet to the point of tangency. They shall provide a turn-around at the end and the minimum right-of-way at the turn-around shall be a radius of at least 50 feet and tangent whenever practicable to the right side of the street.

All driveways or other off-street parking areas shall have driveway aprons extending from the curbline to the street side of the sidewalk, where a sidewalk exists or is required. It shall meet the same construction specifications as concrete sidewalks, with the exception of additional reinforcing for vehicular traffic across the sidewalk area and driveway apron. Driveways that intercept the sidewalk area shall be contained by concrete curbing along the entrance between the curbline and street right-of-way line. Continuous open driveways at the curbline shall not be wider than the width of the onsite driveway aisle plus the tangents of the curb returns at the curbline.

In addition, handicap curb ramps shall be provided for the pedestrian crosswalks across the driveway. Paving of such a driveway shall be in accordance with the paving specifications of subsection 26-903.7.

No street shall have a name which will duplicate or so nearly duplicate the name of an existing street that confusion results. The continuation of an existing street shall have the same name.

The length, width or acreage of blocks shall be determined with due regard to the limitations and opportunities of topography and shall be sufficient to allow all of the area, yard and parking requirements for the uses permitted and regulated in this chapter to be met, as well as providing for convenient access, circulation control and safety of street traffic.

Where extra width has been dedicated for the widening of existing streets, lots shall begin at such new line and all setbacks shall be measured from such new line.

Where the property to be subdivided is next to or includes a railroad right-of-way, suitable provisions shall be made for considerations such as road crossings, screening, buffers, freight access, warning signals and signs in recognition of the relationship between the railroad and the subdivision.

Street name signs meeting Borough specifications as to size, material and location shall be installed at the intersections of all streets and at appropriate curves on curvilinear and similar streets.

Where traffic control signs are deemed necessary by the Approving Authority for Borough, County or State roads, the proper Borough, County or State official shall be so informed in order that the proper agency may evaluate the necessity of the installation at its own expense.

All street name and traffic control signs shall be installed free of visual obstruction.

Curbing and gutters shall be required along all streets adjacent to or within a development.

The minimum standards regarding the width of gutters, height of curbing, base material, surface material, slope, depth of gutters crossing intersections, and the installation of catch basins, shall be according to the requirements of the Borough, the Borough Engineer and, in the case of County roads or State highways, the proper County or State official.

Curbs and gutters shall be adequate to handle the maximum water run-off from tributary lands.

Minimum four foot wide sidewalks shall be provided along all streets in the Borough.

Continuous paving shall also be available from the sidewalk to the main entrance or entrances of all buildings.

All sidewalks shall have a slope of one-quarter (1/4) inch per foot toward the curb.

Sight triangles shall be required at each quadrant of an intersection of streets, and streets and driveways except in the D Business Zone.

The area within sight triangles shall be either dedicated as part of the street right-of-way, or maintained as part of the street right-of-way, or maintained as part of the lot adjoining the street and set aside on any subdivision or site plan as a sight triangle easement.

Within a sight triangle, no grading, planting or structure shall be erected or maintained more than 24 inches above the center-line grade of either intersecting street or driveway or lower than 10 feet above their center lines, including utility poles but excluding street name signs and official traffic regulations signs. Where any street or driveway intersection involves earth banks or vegetation, including trees, the developer shall trim such vegetation and trees, as well as establish proper excavation and grading to provide the sight triangle.

The sight triangle is that area bounded by the intersecting street lines and a straight line which connects sight points located on each of the two intersecting street lines the following distances away from the intersecting street lines: arterial streets at 130 feet; collector streets at 60 feet; and minor streets at 35 feet. Where the intersecting streets are both arterial, both collectors, or one arterial and one collector, two overlapping sight triangles shall be required, formed by connecting the sight points noted above with a sight point 35 feet on the intersecting street.

Any proposed development requiring site plan approval shall provide appropriate sight triangle easements at each driveway.

The classification of existing and proposed streets shall be those shown on the adopted Master Plan or as designated by the Planning Board at the time of the application for approval for a new street not included on the Master Plan. A sight triangle easement dedication shall be expressed on the plat as follows: "Sight triangle easement subject to grading, planting and construction restrictions as provided for in the Land Use Ordinance of the Borough of Haworth." Portions of a lot set aside for the sight triangle may be calculated in determining the lot area and may be included in establishing the minimum setbacks required by the zoning provisions of this chapter.

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

Purpose. The purpose of this section is to establish minimum stormwater management requirements and controls for "major development," as defined below in subsection 26-911.2.

Applicability.

Compatibility with other permit and ordinance requirements. Development approvals issued pursuant to this section are to be considered an integral part of development approvals and do not relieve the applicant of the responsibility to secure required permits or approvals for activities regulated by any other applicable code, rule, act, or ordinance. In their interpretation and application, the provisions of this section shall be held to be the minimum requirements for the promotion of the public health, safety, and general welfare. This section is not intended to interfere with, abrogate, or annul any other ordinances, rule or regulation, statute, or other provision of law except that, where any provision of this section imposes restrictions different from those imposed by any other ordinance, rule or regulation, or other provision of law, the more restrictive provisions or higher standards shall control.

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:

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

The development shall incorporate a maintenance plan for the stormwater management measures incorporated into the design of a major development in accordance with subsection 26-911.10.

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

The following linear development projects are exempt from the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity requirements of subsection 26-911.4p, q and r:

A waiver from strict compliance from the green infrastructure, groundwater recharge, stormwater runoff quality, and stormwater runoff quantity requirements of subsection 26-911.4o, 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:

Tables 1 through 3 below summarize the ability of stormwater best management practices identified and described in the New Jersey Stormwater Best Management Practices Manual to satisfy the green infrastructure, groundwater recharge, stormwater runoff quality and stormwater runoff quantity standards specified in subsection 26-911.4o, 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://dep.nj.gov/stormwater/bmp-manual/.

Where the BMP tables in the NJ Stormwater Management Rule are different due to updates or amendments with the tables in this section the BMP Tables in the Stormwater Management Rule at N.J.A.C. 7:8-5.2(f) shall take precedence.

An alternative stormwater management measure, alternative removal rate, and/or alternative method to calculate the removal rate may be used if the design engineer demonstrates the capability of the proposed alternative stormwater management measure and/or the validity of the alternative rate or method to the municipality. A copy of any approved alternative stormwater management measure, alternative removal rate, and/or alternative method to calculate the removal rate shall be provided to the Department in accordance with Subsection 26-911.6b. Alternative stormwater management measures may be used to satisfy the requirements at subsection 26-911.4o only if the measures meet the definition of "green infrastructure" at subsection 26-911.2. Alternative stormwater management measures that function in a similar manner to a BMP listed at subsection 26-911.4o2 are subject to the contributory drainage area limitation specified at subsection 26-911.4o2 for that similarly functioning BMP. Alternative stormwater management measures approved in accordance with this subsection that do not function in a similar manner to any BMP listed at subsection 26-911.4o2 shall have a contributory drainage area less than or equal to 2.5 acres, except for alternative stormwater management measures that function similarly to cisterns, grass swales, green roofs, standard constructed wetlands, vegetative filter strips, and wet ponds, which are not subject to a contributory drainage area limitation. Alternative measures that function similarly to standard constructed wetlands or wet ponds shall not be used for compliance with the stormwater runoff quality standard unless a variance in accordance with N.J.A.C. 7:8-4.6 or a waiver from strict compliance in accordance with subsection 26-911.4d is granted from subsection 26-911.4o.

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.

Design standards for stormwater management measures are as follows:

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 subsection 26-911.2 may be used only under the circumstances described at subsection 26-911.4o4.

Any application for a new agricultural development that meets the definition of major development at subsection 26-911.2 shall be submitted to the Soil Conservation District for review and approval in accordance with the requirements at subsection 26-911.4o, 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.

If there is more than one drainage area, the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at subsection 26-911.4p, 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.

Any stormwater management measure authorized under the municipal stormwater management plan or ordinance shall be reflected in a deed notice recorded in the Office of the Bergen County Clerk. A form of deed notice shall be submitted to the municipality for approval prior to filing. The deed notice shall contain a description of the stormwater management measure(s) used to meet the green infrastructure, groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at subsection 26-911.4o, 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 subsection 26-911.10b5. 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.

A stormwater management measure approved under the municipal stormwater management plan or ordinance may be altered or replaced with the approval of the municipality, if the municipality determines that the proposed alteration or replacement meets the design and performance standards pursuant to subsection 26-911.4 of this section and provides the same level of stormwater management as the previously approved stormwater management measure that is being altered or replaced. If an alteration or replacement is approved, a revised deed notice shall be submitted to the municipality for approval and subsequently recorded with the Bergen County Clerk and shall contain a description and location of the stormwater management measure, as well as reference to the maintenance plan, in accordance with paragraph 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 paragraph M above.

Green infrastructure standards.

Groundwater recharge standards.

Stormwater runoff quality standards.

Stormwater runoff quantity standards.

Stormwater runoff shall be calculated in accordance with the following:

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.

The precipitation depths of the current two-, 10-, and 100-year storm events shall be determined by multiplying the values determined in accordance with paragraphs c1 and 2 below:

Table 6: Future Precipitation Change Factors provided below sets forth the change factors to be used in determining the projected two-, 10-, and 100-year storm events for use in this section, which are organized alphabetically by county. The precipitation depth of the projected two-, 10-, and 100-year storm events of a site shall be determined by multiplying the precipitation depth of the two-, 10-, and 100-year storm events determined from the National Weather Service's Atlas 14 Point Precipitation Frequency Estimates pursuant to paragraph c1 above, by the change factor in the table below, in accordance with the county or counties where the drainage area(s) of the site is located. Where the major development and/or its drainage area lies in more than one county, the precipitation values shall be adjusted according to the percentage of the drainage area in each county. Alternately, separate rainfall totals can be developed for each county using the values in the table below.

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: https://dep.nj.gov/stormwater/bmp-manual/.

Submissions required for review by the Department should be mailed to: The Division of Watershed Protection and Restoration, New Jersey Department of Environmental Protection, Mail Code 501-02A, PO Box 420, Trenton, New Jersey 08625-0420.

Site design features identified under subsection 26-911.4f above, or alternative designs in accordance with subsection 26-911.4g 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 § 26-911.7a2 below.

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.

The provisions of this section are not intended to preempt more stringent municipal or county safety requirements for new or existing stormwater management BMPs. Municipal and county stormwater management plans and ordinances may, pursuant to their authority, require existing stormwater management BMPs to be retrofitted to meet one or more of the safety standards in subsection 26-911.8c1, c2, and c3 for trash racks, overflow grates, and escape provisions at outlet structures.

Requirements for trash racks, overflow grates and escape provisions.

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.

Safety ledge illustration.

Submission of site development stormwater plan.

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

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

Applicability. Projects subject to review as in subsection 26-911.1c of this section shall comply with the requirements of subsection 26-911.10b and c.

General maintenance.

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.

Any person who violates this section or fails to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall upon conviction thereof in the Municipal Court be fined not less than $500, nor more than $1,000 or imprisoned for not more than 90 days, or both, for each violation, and in addition shall pay all costs and expenses involved in the case.

Nothing herein contained shall prevent the Borough of Haworth from taking such other lawful action as is necessary to prevent or remedy any violation.