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:
A.
Reduce artificially induced flood damage to public health,
life, and property;
B.
Minimize increased stormwater runoff rates and volumes;
C.
Minimize the deterioration of existing structures that
would result from increased rates of stormwater runoff;
D.
Induce water recharge into the ground wherever suitable
infiltration, soil permeability, and favorable geological conditions exist;
E.
Prevent an increase in nonpoint source pollution;
F.
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;
G.
Control and minimize soil erosion and the transport of
sediment;
H.
Minimize public safety hazards at any stormwater detention
facility constructed pursuant to subdivision or site plan approval;
I.
Maintain adequate base flow and natural flow regimes
in all streams and other surface water bodies to protect the aquatic ecosystem;
J.
Protect all surface water resources from degradation;
and
K.
Protect groundwater resources from degradation and diminution.
A.
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:
(1)
Nonresidential major developments; and
(2)
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.
B.
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.
C.
This chapter shall also be applicable to all major developments
undertaken by the Township of Franklin.
D.
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[1] 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.
