Site plan approval shall not be required for construction or alteration of a detached lawful single one-family or two-family dwelling unit or any lawful accessory use thereto, provided that the same are not part of an attached housing, multiple-dwelling, planned unit development or development involving the construction of more than one single family or more than one two-family dwelling unit.

Site plan approval shall not be required for any interior construction or interior alteration of any building provided that it:

Site plan approval shall not be required for changes in occupancy of an existing building or part thereof. All businesses must obtain an approved business zoning permit from the Zoning Officer before occupying a business location. At the discretion of the Zoning Officer, additional review may be required from the Planning or Zoning Board.

Does not involve the construction of a new building or the extension of an existing building;

Does not require additional parking;

Does not affect existing parking facilities, vehicular or pedestrian circulation, drainage, relationship of buildings to each other, buffering, landscaping, or lighting.

A key map showing the entire site development and its relationship to the surrounding area.

The name of the development, tax lot and block numbers for the site as well as adjacent properties, date, north arrow and scale.

The name and address of the applicant and the owner, and the name, address, title, license number and seal of the person preparing the plan, maps and accompanying data.

The zone district in which the site is located, including zone boundary lines within two hundred (200) feet of the site

The existing property lines and building setback lines; all existing and proposed buildings and structures and their uses, with an indication of whether the existing structures will be retained or removed; and fences or other buffer areas with proposed landscaping details.

All existing and proposed streets or roads within or abutting the proposed site development with the right-of-way widths clearly indicated and the distance to the nearest street intersection.

Topography showing existing and propose contours at five-foot intervals for slopes averaging five percent (5%) or greater and at two foot intervals for land of lesser slope. A reference bench mark shall be clearly designated.

All existing and proposed curbs, sidewalks, driveways, parking areas and loading areas on the site in question and within one hundred (100) feet of said site when they relate directly to the proposed development. The total number and size of parking spaces shall be noted as well as specifications for surfacing materials.

All existing and proposed signs and their size, nature of construction and location; and all existing and proposed exterior lighting, including size, nature of construction, location, height, area and direction of illumination and lumen power.

The location, size and type of all existing and proposed rights-of-way, easements, street encumbrance lines and other encumbrances which may affect the site in question, and the location and description of any lands to be dedicated for public use.

Any contiguous lots owned by the applicant or in which the applicant has a direct or indirect interest.

All existing physical features, including streams, watercourses, existing trees greater than four (4) inches in caliper measured six (6) feet above the ground level, and significant soil conditions such as swamp or rock.

Details of all existing and proposed sanitary sewerage facilities, storm drain systems, and public gas, electric, water, and other utilities above or below the ground, including but not limited to storage tanks, wells, and septic systems.

Any other information as may be necessary to determine compliance with the provisions of all applicable ordinances.

An appropriate place for approval signature of the Chairman of the Waldwick Planning Board and other necessary signatures of Borough officials.

A written description of the proposed use of the building(s), including the number of employees or members of nonresidential buildings; the proposed number of shifts to be worked and the maximum number of employees on each shift; the anticipated demands on municipal services; the expected truck and tractor trailer traffic; emission of noise, odors, glare and air and water pollution; safety hazards; and anticipated expansion plans incorporated in the building design. Such data shall be sufficient to establish conformity with industrial performance standards as set forth in the Land Use and Development Code.

Any applicant for site plan approval in which the construction of principal and/or accessory structure(s) are proposed shall submit a building elevation prepared by a New Jersey licensed architect at a scale no greater than 1/8 inch equals one foot. Said elevation shall be provided for all four sides of the proposed structure(s). The applicant may also provide a rendering of the proposed structure(s) or by request of the Planning Board.

Pedestrian and vehicular traffic movement within and adjacent to the site, with particular emphasis on the provision and layout of parking areas; off-street loading and unloading; and movement of people, goods, and vehicles from access roads within the site and between buildings and vehicles.

The Planning Board shall ensure that all parking spaces are usable and are safely and conveniently arranged. Access to the site from adjacent roads shall be designed so as to interfere as little as possible with traffic flow on these roads and to permit vehicles a rapid and safe ingress and egress to and from the site.

The design and layout of buildings and parking areas shall be reviewed so as to provide an aesthetically pleasing design and efficient arrangement. Particular attention shall be given to safety and fire protection impact on surrounding development and contiguous and adjacent buildings and lands.

Adequate lighting shall be provided to ensure safe movement of persons and vehicles and for security purposes. Lighting standards shall be a type approved by the Planning Board. Directional lights shall be arranged so as to minimize glare and reflection on adjacent properties.

Buffering shall be located around the perimeter of the site to minimize headlight glare from vehicles, noise, light from structures and the movement of people and vehicles, and to shield activities from adjacent properties when necessary. Buffering may consist of fencing, evergreens, shrubs, bushes, deciduous trees or combinations thereof to achieve the stated objectives.

Landscaping shall be provided as part of the overall site plan design and integrated into building arrangements, topography and parking and buffering requirements. Landscaping shall include trees, bushes, shrubs, ground cover, perennials, annuals, plants, sculpture, art and the use of building and paving material in an imaginative manner.

Signs shall be designed so as to be aesthetically pleasing and harmonious with other signs on the site, and located so as to achieve their purposes without constituting hazards to vehicles and pedestrians.

Storm drainage, sanitary waste disposal, water supply and garbage disposal shall be reviewed and considered. Particular emphasis shall be given to the adequacy of existing systems and the need for improvements, both on-site and off-site, to adequately carry runoff and sewage and to maintain an adequate supply of water at sufficient pressure.

Garbage disposal shall be reviewed to ensure frequent collection, vermin and rodent protection, and aesthetic considerations. All systems shall meet municipal specifications as to installation and construction.

Environmental elements relating to soil erosion, preservation of trees, protection of watercourses and resources, noise, topography, soil and animal life shall be reviewed, and the design of the plan shall minimize any adverse impact on these elements.

The requirements contained in the Land Use and Development Code as they relate to circulation, parking, performance standards, location of structures, setbacks, yards, bulk, height and coverage shall apply to site plan approval.

The design criteria established in Article VIII, Subdivision of Land, shall apply, where appropriate, to site plan approval.

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 these sections §§ 97-88 through 97-89.4 is to establish minimum stormwater management requirements and controls for "major development," as defined below in § 97-88.2.

Applicability.

Compatibility with other permit and ordinance requirements. Development approvals issued pursuant to these sections §§ 97-88 through 97-89.4 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. These sections §§ 97-88 through 97-89.4 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 these sections §§ 97-88 through 97-89.4 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 § 97-89.1.

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 § 97-88.5P, Q and R:

A waiver from strict compliance from the green infrastructure, groundwater recharge, stormwater runoff quality, and stormwater runoff quantity requirements of § 97-88.5O, 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 § 97-88.5O, 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 these sections §§ 97-88 through 97-89.4 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 § 97-88.6B. Alternative stormwater management measures may be used to satisfy the requirements at § 97-88.5O only if the measures meet the definition of "green infrastructure" at § 97-88.2. Alternative stormwater management measures that function in a similar manner to a BMP listed at Subsection O2 are subject to the contributory drainage area limitation specified at Subsection O2 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 O2 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 § 97-88.5D is granted from § 97-88.5O.

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 § 97-88.2 may be used only under the circumstances described at § 97-88.5O4.

Any application for a new agricultural development that meets the definition of major development at § 97-88.2 shall be submitted to the Soil Conservation District for review and approval in accordance with the requirements at § 97-88.5O, 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 § 97-88.5P, Q and R shall be met in each drainage area, unless the runoff from the drainage areas converge on-site and no adverse environmental impact would occur as a result of compliance with any one or more of the individual standards being determined utilizing a weighted average of the results achieved for that individual standard across the affected drainage areas.

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 § 97-88.5O, 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 § 97-89.1B5. 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 § 97-88.5 of these sections §§ 97-88 through 97-89.4 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 office of 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 Subsection M above. Prior to the commencement of construction, proof that the above required deed notice has been filed shall be submitted to the municipality in accordance with Subsection M above.

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 Subsection 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 these sections §§ 97-88 through 97-89.4, which are organized 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 Subsection 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 § 97-88.5F above, or alternative designs in accordance with § 97-88.5G 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 § 97-88.6A2 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 § 97-88.6C1, 2, and 3 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 these sections §§ 97-88 through 97-89.4.

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

It shall be the duty of the Zoning Officer of the Borough of Waldwick to administer and enforce § 97-70 through 97-82 and § 97-87. In no case shall a permit be granted for the construction or alteration of any building where the proposed construction, alteration or use would be in violation of any provision of this section. It shall be the duty of the Zoning Officer to cause any new buildings, plans or premises to be inspected or examined and to order in writing to the owner that any condition be remedied, which is found to exist in violation of any provisions of this section. He shall have the right to enter any building or premises during the daytime in the course of his/her duties.

It shall be the duty of the Borough Engineer to administer and enforce § 97-83 through § 97-86 and § 97-88.1 through § 99-88.11.

Applicability. Projects subject to review as in § 97-88.1C of these sections §§ 97-88 through 97-89.4 shall comply with the requirements of § 97-89.1B and § 97-89.1C.

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.