N.J. Admin. Code § 7:8-5.3

Current through Register Vol. 56, No. 24, December 18, 2024

Section 7:8-5.3 - Nonstructural stormwater management strategies

(a) To the maximum extent practicable, the standards in N.J.A.C. 7:8-5.4 and 5.5 shall be met by incorporating nonstructural stormwater management strategies at N.J.A.C. 7:8-5.3 into the design. The person submitting an application for review shall identify the nonstructural strategies incorporated into the design of the project. If the applicant contends that it is not feasible for engineering, environmental, or safety reasons to incorporate any nonstructural stormwater management strategies identified in (b) below into the design of a particular project, the applicant shall identify the strategy and provide a basis for the contention.

(b) Nonstructural stormwater management strategies incorporated into site design shall:

1. Protect areas that provide water quality benefits or areas particularly susceptible to erosion and sediment loss;

2. Minimize impervious surfaces and break up or disconnect the flow of runoff over impervious surfaces;

3. Maximize the protection of natural drainage features and vegetation;

4. Minimize the decrease in the "time of concentration" from pre-construction to post-construction. "Time of concentration" is defined as the time it takes for runoff to travel from the hydraulically most distant point of the drainage area to the point of interest within a watershed;

5. Minimize land disturbance including clearing and grading;

6. Minimize soil compaction;

7. Provide low-maintenance landscaping that encourages retention and planting of native vegetation and minimizes the use of lawns, fertilizers and pesticides;

8. Provide vegetated open-channel conveyance systems discharging into and through stable vegetated areas; and

9. Provide other source controls to prevent or minimize the use or exposure of pollutants at the site in order to prevent or minimize the release of those pollutants into stormwater runoff. These source controls include, but are not limited to:

i. Site design features that help to prevent accumulation of trash and debris in drainage systems;

ii. Site design features that help to prevent discharge of trash and debris from drainage systems;

iii. Site design features that help to prevent and/or contain spills or other harmful accumulations of pollutants at industrial or commercial developments; and

iv. When establishing vegetation after land disturbance, applying fertilizer in accordance with the requirements established under the Soil Erosion and Sediment Control Act, N.J.S.A. 4:24-39 et seq., and implementing rules.

(c) Any land area used as a non-structural stormwater management measure to meet the performance standards in N.J.A.C. 7:8-5.4 and 5.5 shall be dedicated to a government agency, subjected to a conservation restriction filed with the appropriate County Clerk's office, or subject to Department approved or equivalent restriction that ensures that measure or an equivalent stormwater management measure approved by the reviewing agency is maintained in perpetuity.

(d) Guidance for nonstructural stormwater management strategies is available in the New Jersey Stormwater Best Management Practices Manual available from the Department through the address listed at N.J.A.C. 7:8-1.3.

N.J. Admin. Code § 7:8-5.3