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Wayne, NJ Environmental Rules: Stormwater Management (2026)

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

Key Facts

Major development trigger
One or more acres disturbed, or 1/4 acre of new surface
Repair deadline after written notice
14 days (§ 177-23B(9))
Stormwater plan submission
19 copies of the checklist materials
Article I fine
$100 to $500 for each incident
Trash rack bar spacing
No greater than six inches
Article I enforcers
Police, Public Works Director, Township Engineer, Roads Superintendent

Summary

In Wayne Township, Passaic County, New Jersey, Chapter 177 of the Township Code regulates stormwater. Article III applies to major developments, meaning one or more acres disturbed or 1/4 acre of new regulated impervious or motor vehicle surface, and each one needs a maintenance plan. When the Township sends written notice about a failing facility, the responsible person has 14 days to repair it.

(9) In the event that the stormwater management facility becomes a danger to public safety or public health, or if it is in need of maintenance or repair, the municipality shall so notify the responsible person in writing. Upon receipt of that notice, the responsible person shall have 14 days to effect maintenance and repair of the facility in a manner that is approved by the municipal engineer or his designee. The municipality, in its discretion, may extend the time allowed for effecting maintenance and repair for good cause. If the responsible person fails or refuses to perform such maintenance and repair, the municipality or county may immediately proceed to do so and shall bill the cost thereof to the responsible person. Nonpayment of such bill may result in a lien on the property. C. 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.

Full Breakdown

Chapter 177 of the Wayne Township Code is split into articles. Article I, Improper Disposal of Waste, prohibits spilling, dumping or disposing of materials other than stormwater into the municipal separate storm sewer system (MS4) the Township operates, and § 177-5 gives enforcement to the Police Department, the Director of Public Works, the Township Engineer and the Superintendent of Roads. Article III, Stormwater Controls for Developments, was amended 12-2-2020 by Ord. No. 50-2020. It applies to non-residential major developments, to the aspects of residential major developments not pre-empted by the Residential Site Improvement Standards at N.J.A.C. 5:21, and to every major development undertaken by the Township of Wayne itself (§ 177-14C).

Section 177-15 defines a major development as one that disturbs one or more acres of land since February 2, 2004, creates 1/4 acre or more of regulated impervious surface since February 2, 2004, creates 1/4 acre or more of regulated motor vehicle surface since December 23, 2020, or combines the last two for 1/4 acre or more. Projects in a common plan of development or sale, such as a phased residential project, are counted together. Section 177-16 requires green infrastructure to meet the groundwater recharge, stormwater quality and stormwater quantity standards, and § 177-17A requires a maintenance plan for every major development.

The applicant files a site development stormwater plan with the application. Section 177-22A(3) calls for 19 copies of the checklist materials, and the reviewing board consults the municipality's review engineer on whether the standards are met. Design details are printed too: grate openings in new inlets are limited to seven square inches per clear space (§ 177-20), trash racks on basin outlets need bars with no greater than six-inch spacing, and safety ledges are required where a permanent pool is deeper than 2 1/2 feet (§ 177-21).

The maintenance section is where owners and associations feel the rule. The plan must list preventative maintenance tasks and schedules, cost estimates, and the name, address and telephone number of the responsible person (§ 177-23B(2)). Under § 177-23B(4), responsibility cannot be assigned to an individual owner or tenant in a residential development unless that person owns or leases the entire development. The responsible party keeps a detailed log and evaluates the plan at least once per year (§ 177-23B(7)). After written notice from the municipality, the 14-day clock in § 177-23B(9) starts, and the Township or county can do the work and bill the cost.

Violations & Fines

A violation of Article I of Chapter 177 carries a fine of no less than $100 and not to exceed $500 for each incident (§ 177-6, amended 8-21-2024 by Ord. No. 42-2024). For Article III, § 177-24 penalizes anyone who erects, constructs, alters, repairs, converts, maintains or uses any building, structure or land in violation of the article, per Chapter 1, § 1-15. A responsible person who ignores a § 177-23 repair notice is billed the Township's cost and risks a lien on the property.

Frequently Asked Questions

What counts as a major development under Wayne Township's stormwater article?
Section 177-15 defines it as development that disturbs one or more acres of land since February 2, 2004, creates 1/4 acre or more of regulated impervious surface since that date, creates 1/4 acre or more of regulated motor vehicle surface since December 23, 2020, or combines the last two for 1/4 acre or more. Phased projects under a common plan count together.
Who maintains a stormwater basin after approval in Wayne Township?
The design engineer prepares a maintenance plan that names the responsible person, with tasks, schedules and cost estimates (§ 177-23B). An individual owner or tenant in a residential development cannot be made responsible for all maintenance unless that person owns or leases the entire development, though incidental tasks such as weeding a green infrastructure BMP can be assigned. The responsible party keeps a maintenance log.
How long do I have to fix a stormwater facility after a notice from Wayne Township?
Under § 177-23B(9), once the municipality notifies the responsible person in writing that the facility is a danger to public safety or health or needs maintenance or repair, the person has 14 days to do the work in a manner approved by the municipal engineer or designee. The municipality can extend the time for good cause.
What is the fine for dumping into a storm drain in Wayne Township?
Article I of Chapter 177 exists to prohibit spilling, dumping or disposing of materials other than stormwater into the Township's storm sewer system. Section 177-6 sets a fine of no less than $100 and not to exceed $500 for each incident, and the Police Department, Director of Public Works, Township Engineer or Superintendent of Roads enforces it.

Sources & Official References

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