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Bergenfield, NJ Environmental Rules: Stormwater Management (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Adopted
12-3-2024 by Ord. No. 24-2634
Governing sections
§§ 268-1, 268-4, 268-9
Trigger
'Major development' per § 268-2
Required plan
Site development stormwater plan (§ 268-9)
Protected species named
Swamp pink, bog turtle (§ 268-4B)

Summary

Bergenfield's Chapter 268 requires green infrastructure and stormwater controls for every major development project to cut runoff volume, protect groundwater recharge, and reduce pollution reaching the Borough's waterways.

§ 268-1. Scope and purpose. A. 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. ... B. Purpose. The purpose of this chapter is to establish minimum stormwater management requirements and controls for "major development," as defined below in § 268-2.

Full Breakdown

Adopted by the Mayor and Council on December 3, 2024 by Ordinance No. 24-2634, Chapter 268 opens in Section 268-1 with a policy statement declaring that flood control, groundwater recharge and pollutant reduction shall be achieved through stormwater management measures, including green infrastructure best management practices and nonstructural strategies, with green infrastructure and low-impact development used to maintain natural hydrology, reduce runoff volume, reduce erosion, encourage infiltration and recharge, and cut pollution. Section 268-1B states the chapter's purpose is to set minimum stormwater requirements and controls for 'major development' as defined in Section 268-2.

The chapter reaches nonresidential major development everywhere in the Borough and the non-preempted portions of residential major development under Section 268-1C, plus any major development undertaken by the Borough itself. Section 268-4 lays out the substantive requirements: every qualifying project must incorporate a maintenance plan for its stormwater measures under Section 268-10, avoid adverse impacts on threatened and endangered species habitat such as the swamp pink or bog turtle, and meet groundwater recharge, runoff quality and runoff quantity thresholds unless a narrow linear-development exemption or hardship waiver applies.

Section 268-5 sets out the calculation methods for runoff and recharge, Section 268-7 addresses solids and floatable materials control, and Section 268-8 sets safety standards for detention and retention basins, while Section 268-9 requires a site development stormwater plan for review.

Violations & Fines

Chapter 268 is enforced through the Borough's site plan and development review process; failure to submit a compliant stormwater management plan under Section 268-9 or to maintain required measures under Section 268-4A blocks final approval, and violations otherwise default to the general penalty in Chapter 1, Article II, up to $500 or 90 days in jail.

Frequently Asked Questions

What is the goal of Bergenfield's stormwater ordinance?
Section 268-1A states its policy is to achieve flood control, groundwater recharge and pollutant reduction through green infrastructure best management practices and low-impact development, maintaining natural hydrology and reducing runoff volume, erosion and pollution.
Does Bergenfield's stormwater chapter apply to single-family homes?
It reaches the parts of residential major development that are not already preempted by the state's Residential Site Improvement Standards at N.J.A.C. 5:21, per Section 268-1C(1)(b); nonresidential major development is covered in full.
What must a developer submit before building in Bergenfield?
A site development stormwater plan meeting the requirements of Section 268-9, along with a maintenance plan for the proposed stormwater measures under Section 268-4A, before the project can receive Borough approval.

Sources & Official References

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