Stormwater management is the process of minimizing stormwater runoff and directing stormwater-appropriate nonstructural and structural stormwater management measures so as to control flooding, recharge groundwater and reduce pollution of water resources. Transport of stormwater-related pollutants into local surface and ground waters can result in the destruction of fish, wildlife, and habitats; threats to public health due to contaminated food and drinking water supplies; and losses of recreational and aesthetic values. Stormwater management shall occur with the understanding and acceptance of stormwater as a resource; low-impact and nonstructural measures shall be tailored to a site and applied wherever and to the extent feasible.
The purpose of this chapter is to establish minimum stormwater management requirements and controls for major development and to reduce the amount of nonpoint source pollution entering surface and ground waters. This chapter guides new development in a manner that is proactive and minimizes harmful impacts to natural resources. Specifically, this chapter shall:
Reduce artificially induced flood damage to public health, life, and property;
Minimize increased stormwater runoff rates and volumes;
Minimize the deterioration of existing structures that would result from increased rates of stormwater runoff;
Induce water recharge into the ground wherever suitable infiltration, soil permeability, and favorable geological conditions exist;
Prevent an increase in nonpoint source pollution;
Maintain the integrity and stability of stream channels and buffers for their ecological functions, as well as for drainage, the conveyance of floodwater, and other purposes;
Control and minimize soil erosion and the transport of sediment;
Minimize public safety hazards at any stormwater detention facility constructed pursuant to subdivision or site plan approval;
Maintain adequate base flow and natural flow regimes in all streams and other surface water bodies to protect the aquatic ecosystem;
Protect all surface water resources from degradation; and
Protect groundwater resources from degradation and diminution.
This chapter shall be applicable to all site plans and subdivisions for the following major developments that require preliminary or final site plan or subdivision review:
Nonresidential major developments; and
Aspects of residential major developments that are not preempted by the Residential Site Improvement Standards (RSIS) at N.J.A.C. 5:21. The provisions of both this chapter and the RSIS are to be applied and reviewed concurrently for any residential major development.
In the case of agricultural or horticultural development that meets the definition of "major development" under N.J.A.C. 7:8, a farm conservation plan that addresses the protection of soil and water resources shall be developed and implemented. Such a plan shall be approved by the Hunterdon County Soil Conservation District.
This chapter shall also be applicable to all major developments undertaken by the Township of Franklin.
This chapter does not apply to activities of Hunterdon County, the State of New Jersey and the government of the United States of America when those activities are specifically exempted from municipal regulation by relevant state or federal law.
Development approvals issued for subdivisions and site plans pursuant to this chapter are to be considered an integral part of development approvals under the subdivision and site plan review process 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 chapter shall be held to be the minimum requirements for the promotion of the public health, safety, and general welfare. This chapter shall be construed to assure consistency with the requirements of New Jersey laws and acts amendatory thereof or supplementary thereto, applicable implementing regulations, and any existing or future municipal NJPDES permits and any amendments or revisions thereto or reissuance thereof. This chapter is not intended to interfere with, abrogate, or annul any other ordinance, rule or regulation, statute, or other provision of law. Where any provision of this chapter imposes restrictions different from those imposed by any other ordinance, rule or regulation, or other provision of law, whichever provisions are more restrictive or impose higher standards shall control.