Unless specifically defined below, words or
phrases used in this chapter shall be interpreted so as to give them
the meaning they have in common usage and to give this chapter its
most reasonable application. The definitions below are the same as
or based on the corresponding definitions in the stormwater management
rules at N.J.A.C. 7:8-1.2.
CAFRA PLANNING MAP
The geographic depiction of the boundaries for coastal planning
areas, CAFRA Centers, CAFRA Cores and CAFRA Nodes pursuant to N.J.A.C.
7:7E-5B.3.
CORE
A pedestrian-oriented area of commercial and civic uses serving
the surrounding municipality, generally including housing and access
to public transportation.
COUNTY REVIEW AGENCY
An agency designated by the County Board of Chosen Freeholders
to review municipal stormwater management plans and implementing ordinances.
The county review agency may be either:
A.
A county planning agency; or
B.
A county water resource association created
under N.J.S.A. 58:16A-55.5, if the ordinance or resolution delegates
authority to approve, conditionally approve, or disapprove municipal
stormwater management plans and implementing ordinances.
DEPARTMENT
The New Jersey Department of Environmental Protection.
DESIGNATED CENTER
A State Development and Redevelopment Plan Center as designated
by the State Planning Commission, such as urban, regional, town, village,
or hamlet.
DESIGN ENGINEER
A person professionally qualified and duly licensed in New
Jersey to perform engineering services that may include, but not necessarily
be limited to, development of project requirements, creation and development
of project design and preparation of drawings and specifications.
DEVELOPMENT
The division of a parcel of land into two or more parcels;
the construction, reconstruction, conversion, structural alteration,
relocation or enlargement of any building or structure; any mining
excavation or landfill; and any use or change in the use of any building
or other structure, or land or extension of use of land, by any person,
for which permission is required under the Municipal Land Use Law,
N.J.S.A. 40:55D-1 et seq. In the case of development of agricultural
lands, "development" means any activity that requires a state permit;
any activity reviewed by the County Agricultural Board (CAB) and the
State Agricultural Development Committee (SADC); and municipal review
of any activity not exempted by the Right to Farm Act, N.J.S.A. 4:1C-1
et seq.
DRAINAGE AREA
A geographic area within which stormwater, sediments, or
dissolved materials drain to a particular receiving water body or
to a particular point along a receiving water body.
EMPOWERMENT NEIGHBORHOOD
A neighborhood designated by the Urban Coordinating Council
in consultation and conjunction with the New Jersey Redevelopment
Authority pursuant to N.J.S.A. 55:19-69.
ENVIRONMENTALLY CRITICAL AREA
An area or feature which is of significant environmental
value, including but not limited to stream corridors; natural heritage
priority sites; habitat of endangered or threatened species; large
areas of contiguous open space or upland forest; steep slopes; and
wellhead protection and groundwater recharge areas. Habitats of endangered
or threatened species are identified using the Department's Landscape
Project as approved by the Department's Endangered and Nongame Species
Program.
EROSION
The detachment and movement of soil or rock fragments by
water, wind, ice or gravity.
IMPERVIOUS SURFACE
A surface that has been covered with a layer of material
so that it is highly resistant to infiltration by water.
INFILTRATION
The process by which water seeps into the soil from precipitation.
MAJOR DEVELOPMENT
Any development that provides for ultimately disturbing one
or more acres of land. Disturbance, for the purpose of this rule,
is the placement of impervious surface or exposure and/or movement
of soil or bedrock or clearing, cutting, or removing of vegetation.
NODE
An area designated by the State Planning Commission concentrating
facilities and activities which are not organized in a compact form.
NUTRIENT
A chemical element or compound, such as nitrogen or phosphorus,
which is essential to and promotes the development of organisms.
PERSON
Any individual, corporation, company, partnership, firm,
association, the Borough of Harrington Park and any political subdivision
of this state subject to municipal jurisdiction pursuant to the Municipal
Land Use Law, N.J.S.A. 40:55D-1 et seq.
POLLUTANT
Any dredged spoil, solid waste, incinerator residue, filter
backwash, sewage, garbage, refuse, oil, grease, sewage sludge, munitions,
chemical wastes, biological materials, medical wastes, radioactive
substance [except those regulated under the Atomic Energy Act of 1954,
as amended (42 U.S.C. § 2011 et seq.)], thermal waste, wrecked
or discarded equipment, rock, sand, cellar dirt, industrial, municipal,
agricultural, and construction waste or runoff, or other residue discharged
directly or indirectly to the land, groundwaters or surface waters
of the state or to a domestic treatment works. "Pollutant" includes
both hazardous and nonhazardous pollutants.
RECHARGE
The amount of water from precipitation that infiltrates into
the ground and is not evapotranspired.
SEDIMENT
Solid material, mineral or organic, that is in suspension,
is being transported, or has been moved from its site of origin by
air, water or gravity as a product of erosion.
SITE
The lot or lots upon which a major development is to occur
or has occurred.
SOIL
All unconsolidated mineral and organic material of any origin.
STATE PLAN POLICY MAP
The geographic application of the State Development and Redevelopment
Plan's goals and statewide policies, and the official map of these
goals and policies.
STORMWATER
Water resulting from precipitation (including rain and snow)
that runs off the land's surface, is transmitted to the subsurface,
or is captured by separate storm sewers or other sewage or drainage
facilities or conveyed by snow removal equipment.
STORMWATER MANAGEMENT BASIN
An excavation or embankment and related areas designed to
retain stormwater runoff. A stormwater management basin may either
be normally dry (that is, a detention basin or infiltration basin),
retain water in a permanent pool (a retention basin), or be planted
mainly with wetland vegetation (most constructed stormwater wetlands).
STORMWATER MANAGEMENT MEASURE
Any structural or nonstructural strategy, practice, technology,
process, program, or other method intended to control or reduce stormwater
runoff and associated pollutants or to induce or control the infiltration
or groundwater recharge of stormwater or to eliminate illicit or illegal
nonstormwater discharges into stormwater conveyances.
STORMWATER RUNOFF
Water flow on the surface of the ground or in storm sewers,
resulting from precipitation.
TIDAL FLOOD HAZARD AREA
A flood hazard area which may be influenced by stormwater
runoff from inland areas but which is primarily caused by the Atlantic
Ocean.
URBAN ENTERPRISE ZONE
A zone designated by the New Jersey Enterprise Zone Authority
pursuant to the New Jersey Urban Enterprise Zones Act, N.J.S.A. 52:27H-60
et seq.
URBAN REDEVELOPMENT AREA
Previously developed portions of areas:
A.
Delineated on the State Plan Policy Map (SPPM)
as the Metropolitan Planning Area (PA1), Designated Centers, Cores
or Nodes;
B.
Designated as CAFRA Centers, Cores or Nodes;
C.
Designated as Urban Enterprise Zones; and
D.
Designated as Urban Coordinating Council Empowerment
Neighborhoods.
WATERS OF THE STATE
The ocean and its estuaries, all springs, streams, wetlands,
and bodies of surface water or groundwater, whether natural or artificial,
within the boundaries of the State of New Jersey or subject to its
jurisdiction.
WETLANDS or WETLAND
An area that is inundated or saturated by surface water or
groundwater at a frequency and duration sufficient to support, and
that under normal circumstances does support, a prevalence of vegetation
typically adapted for life in saturated soil conditions, commonly
known as "hydrophytic vegetation."
Stormwater management requirements for major development are
as follows:
A. The development shall incorporate a maintenance plan for the stormwater management measures incorporated into the design of a major development in accordance with §
286-10.
B. Stormwater management measures shall avoid adverse
impacts of concentrated flow on habitat for threatened and endangered
species as documented in the Department's Landscape Project or Natural
Heritage Database established under N.J.S.A. 13:1B-15.147 through
13:1B-15.150, particularly Helonias bullata (swamp pink) and/or Clemmys
muhlenbergii (bog turtle).
C. The following linear development projects are exempt from the groundwater recharge, stormwater runoff quantity, and stormwater runoff quality requirements of Subsections
F and
G:
(1) The construction of an underground utility line, provided
that the disturbed areas are revegetated upon completion;
(2) The construction of an aboveground utility line, provided
that the existing conditions are maintained to the maximum extent
practicable; and
(3) The construction of a public pedestrian access, such
as a sidewalk or trail with a maximum width of 14 feet, provided that
the access is made of permeable material.
D. A waiver from strict compliance with the groundwater recharge, stormwater runoff quantity, and stormwater runoff quality requirements of Subsections
F and
G may be obtained for the enlargement of an existing public roadway or railroad, or the construction or enlargement of a public pedestrian access, provided that the following conditions are met:
(1) The applicant demonstrates that there is a public
need for the project that cannot be accomplished by any other means;
(2) The applicant demonstrates, through an alternatives analysis, that, through the use of nonstructural and structural stormwater management strategies and measures, the option selected complies with the requirements of Subsections
F and
G to the maximum extent practicable;
(3) The applicant demonstrates that, in order to meet the requirements of Subsections
F and
G, existing structures currently in use, such as homes and buildings, would need to be condemned; and
(4) The applicant demonstrates that it does not own or have other rights to areas, including the potential to obtain through condemnation lands not falling under Subsection
D(3) above within the upstream drainage area of the receiving stream, that would provide additional opportunities to mitigate the requirements of Subsections
F and
G that were not achievable on site.
E. Nonstructural stormwater management strategies.
(1) To the maximum extent practicable, the standards in Subsections
F and
G shall be met by incorporating nonstructural stormwater management strategies set forth at Subsection
E into the design. The applicant shall identify the nonstructural measures 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 measures identified in Subsection
E(2) below into the design of a particular project, the applicant shall identify the strategy considered and provide a basis for the contention.
(2) Nonstructural stormwater management strategies incorporated
into site design shall:
(a)
Protect areas that provide water quality benefits
or areas particularly susceptible to erosion and sediment loss.
(b)
Minimize impervious surfaces and break up or
disconnect the flow of runoff over impervious surfaces.
(c)
Maximize the protection of natural drainage
features and vegetation.
(d)
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 watershed to the point of interest within
a watershed.
(e)
Minimize land disturbance, including clearing
and grading.
(f)
Minimize soil compaction.
(g)
Provide low-maintenance landscaping that encourages
retention and planting of native vegetation and minimizes the use
of lawns, fertilizers and pesticides.
(h)
Provide vegetated open-channel conveyance systems
discharging into and through stable vegetated areas.
(i)
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. Such source controls include, but are not limited to:
[1]
Site design features that help to prevent accumulation of trash and debris in drainage systems, including features that satisfy Subsection
E(3) below;
[2]
Site design features that help to prevent discharge
of trash and debris from drainage systems;
[3]
Site design features that help to prevent and/or
contain spills or other harmful accumulations of pollutants at industrial
or commercial developments; and
[4]
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.
(3) Site design features identified under Subsection
E(2)(i)[2] above shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets. For purposes of this subsection, "solid and floatable materials" means sediment, debris, trash, and other floating, suspended, or settleable solids. For exemptions to this standard see Subsection
E(3)(c) below.
(a)
Grates.
[1]
Design engineers shall use either of the following
grates whenever they use a grate in pavement or another ground surface
to collect stormwater from that surface into a storm drain or surface
water body under that grate:
[a] The New Jersey Department of Transportation
(NJDOT) bicycle-safe grate, which is described in Chapter 2.4 of the
NJDOT Bicycle Compatible Roadways and Bikeways Planning and Design
Guidelines (April 1996); or
[b] A different grate, if each individual
clear space in that grate has an area of no more than seven square
inches or is no greater than 0.5 inch across the smallest dimension.
[2]
Examples of grates subject to this standard
include grates in grate inlets, the grate portion (non-curb-opening
portion) of combination inlets, grates on storm sewer manholes, ditch
grates, trench grates, and grates of spacer bars in slotted drains.
Examples of ground surfaces include surfaces of roads (including bridges),
driveways, parking areas, bikeways, plazas, sidewalks, lawns, fields,
open channels, and stormwater basin floors.
(b)
Whenever design engineers use a curb opening
inlet, the clear space in that curb opening (or each individual clear
space, if the curb opening has two or more clear spaces) shall have
an area of no more than seven square inches or be no greater than
two inches across the smallest dimension.
(c)
This standard does not apply:
[1]
Where the review agency determines that this
standard would cause inadequate hydraulic performance that could not
practicably be overcome by using additional or larger storm drain
inlets that meet these standards;
[2]
Where flows from the water quality design storm as specified in Subsection
G(1) are conveyed through any device (e.g., end-of-pipe netting facility, manufactured treatment device, or a catch basin hood) that is designed, at a minimum, to prevent delivery of all solid and floatable materials that could not pass through one of the following:
[a] A rectangular space 4 5/8
inches long and 1 1/2 inches wide (this option does not apply
for outfall netting facilities); or
[b] A bar screen having a bar spacing
of 0.5 inch.
[3]
Where flows are conveyed through a trash rack that has parallel bars with one-inch spacing between the bars, to the elevation of the water quality design storm as specified in Subsection
G(1); or
[4]
Where the New Jersey Department of Environmental
Protection determines, pursuant to the New Jersey Register of Historic
Places Rules at N.J.A.C. 7:4-7.2(c), that action to meet this standard
is an undertaking that constitutes an encroachment or will damage
or destroy the New Jersey Register listed historic property.
(4) Any land area used as a nonstructural stormwater management measure to meet the performance standards in Subsections
F and
G shall be dedicated to a government agency, subjected to a conservation restriction filed with the appropriate County Clerk's office, or subject to an approved equivalent restriction that ensures that measure or an equivalent stormwater management measure approved by the reviewing agency is maintained in perpetuity.
(5) Guidance for nonstructural stormwater management strategies is available in the New Jersey Stormwater Best Management Practices Manual. The BMP Manual may be obtained from the address identified in §
286-7 or found on the Department's website at http://www.njstormwater.org.
F. Erosion control, groundwater recharge and runoff quantity
standards.
(1) This subsection contains minimum design and performance
standards to control erosion, encourage and control infiltration and
groundwater recharge, and control stormwater runoff quantity impacts
of major development.
(a)
The minimum design and performance standards
for erosion control are those established under the Soil Erosion and
Sediment Control Act, N.J.S.A. 4:24-39 et seq. and implementing rules.
(b)
The minimum design and performance standards
for groundwater recharge are as follows:
[1]
The design engineer shall, using the assumptions and factors for stormwater runoff and groundwater recharge calculations at §
286-5, either:
[a] Demonstrate through hydrologic
and hydraulic analysis that the site and its stormwater management
measures maintain 100% of the average annual pre-construction groundwater
recharge volume for the site; or
[b] Demonstrate through hydrologic
and hydraulic analysis that the increase of stormwater runoff volume
from pre-construction to post-construction for the two-year storm
is infiltrated.
[2]
This groundwater recharge requirement does not apply to projects within the urban redevelopment area or to projects subject to Subsection
F(1)(b)[3] below.
[3]
The following types of stormwater shall not
be recharged:
[a] Stormwater from areas of high pollutant
loading. High pollutant loading areas are areas in industrial and
commercial developments where solvents and/or petroleum products are
loaded/unloaded, stored, or applied; areas where pesticides are loaded/unloaded
or stored; areas where hazardous materials are expected to be present
in greater than "reportable quantities" as defined by the United States
Environmental Protection Agency (EPA) at 40 CFR 302.4; areas where
recharge would be inconsistent with a Department-approved remedial
action work plan or landfill closure plan; and areas with high risks
for spills of toxic materials, such as gas stations and vehicle maintenance
facilities; and
[b] Industrial stormwater exposed to
source material. "Source material" means any material(s) or machinery,
located at an industrial facility, that is directly or indirectly
related to process, manufacturing or other industrial activities,
which could be a source of pollutants in any industrial stormwater
discharge to groundwater. Source materials include, but are not limited
to, raw materials; intermediate products; final products; waste materials;
by-products; industrial machinery and fuels; and lubricants, solvents,
and detergents that are related to process, manufacturing, or other
industrial activities that are exposed to stormwater.
[4]
The design engineer shall assess the hydraulic
impact on the groundwater table and design the site so as to avoid
adverse hydraulic impacts. Potential adverse hydraulic impacts include,
but are not limited to, exacerbating a naturally or seasonally high
water table so as to cause surficial ponding, flooding of basements,
or interference with the proper operation of subsurface sewage disposal
systems and other subsurface structures in the vicinity or downgradient
of the groundwater recharge area.
(c)
In order to control stormwater runoff quantity impacts, the design engineer shall, using the assumptions and factors for stormwater runoff calculations at §
286-5, complete one of the following:
[1]
Demonstrate through hydrologic and hydraulic
analysis that for stormwater leaving the site, post-construction runoff
hydrographs for the two-, ten-, and one-hundred-year storm events
do not exceed, at any point in time, the pre-construction runoff hydrographs
for the same storm events;
[2]
Demonstrate through hydrologic and hydraulic
analysis that there is no increase, as compared to the pre-construction
condition, in the peak runoff rates of stormwater leaving the site
for the two-, ten-, and one-hundred-year storm events and that the
increased volume or change in timing of stormwater runoff will not
increase flood damage at or downstream of the site. This analysis
shall include the analysis of impacts of existing land uses and projected
land uses assuming full development under existing zoning and land
use ordinances in the drainage area;
[3]
Design stormwater management measures so that
the post-construction peak runoff rates for the two-, ten-, and one-hundred-year
storm events are 50%, 75% and 80%, respectively, of the pre-construction
peak runoff rates. The percentages apply only to the post-construction
stormwater runoff that is attributable to the portion of the site
on which the proposed development or project is to be constructed.
The percentages shall not be applied to post-construction stormwater
runoff into tidal flood hazard areas if the increased volume of stormwater
runoff will not increase flood damages below the point of discharge;
or
[4]
In tidal flood hazard areas, stormwater runoff quantity analysis in accordance with Subsection
F(1)(c)[1],
[2] and
[3] above shall only be applied if the increased volume of stormwater runoff could increase flood damages below the point of discharge.
(2) Any application for a new agricultural development that meets the definition of major development at §
286-2 shall be submitted to the appropriate Soil Conservation District for review and approval in accordance with the requirements of this section and any applicable Soil Conservation District guidelines for stormwater runoff quantity and erosion control. For the purposes of this section, "agricultural development" means land uses normally associated with the production of food, fiber and livestock for sale. Such uses do not include the development of land for the processing or sale of food and the manufacturing of agriculturally related products.
G. Stormwater runoff quality standards.
(1) Stormwater management measures shall be designed to
reduce the post-construction load of total suspended solids (TSS)
in stormwater runoff by 80% of the anticipated load from the developed
site, expressed as an annual average. Stormwater management measures
shall only be required for water quality control if an additional
1/4 acre of impervious surface is being proposed on a development
site. The requirement to reduce TSS does not apply to any stormwater
runoff in a discharge regulated under a numeric effluent limitation
for TSS imposed under the New Jersey Pollutant Discharge Elimination
System (NJPDES) rules, N.J.A.C. 7:14A, or in a discharge specifically
exempt under a NJPDES permit from this requirement. The water quality
design storm is 1.25 inches of rainfall in two hours. Water quality
calculations shall take into account the distribution of rain from
the water quality design storm, as reflected in Table 1. The calculation
of the volume of runoff may take into account the implementation of
nonstructural and structural stormwater management measures.
|
Table 1: Water Quality Design Storm Distribution
|
---|
|
Time
(minutes)
|
Cumulative Rainfall
(inches)
|
Time
(minutes)
|
Cumulative Rainfall
(inches)
|
---|
|
0
|
0.0000
|
65
|
0.8917
|
|
5
|
0.0083
|
70
|
0.9917
|
|
10
|
0.0166
|
75
|
1.0500
|
|
15
|
0.0250
|
80
|
1.0840
|
|
20
|
0.0500
|
85
|
1.1170
|
|
25
|
0.0750
|
90
|
1.1500
|
|
30
|
0.1000
|
95
|
1.1750
|
|
35
|
0.1330
|
100
|
1.2000
|
|
40
|
0.1660
|
105
|
1.2250
|
|
45
|
0.2000
|
110
|
1.2334
|
|
50
|
0.2583
|
115
|
1.2417
|
|
55
|
0.3583
|
120
|
1.2500
|
|
60
|
0.6250
|
|
|
(2) For purposes of TSS reduction calculations, Table 2 below presents the presumed removal rates for certain BMPs designed in accordance with the New Jersey Stormwater Best Management Practices Manual. The BMP Manual may be obtained from the address identified in §
286-7 or found on the Department's website at www.njstormwater.org. The BMP Manual and other sources of technical guidance are listed in §
286-7. TSS reduction shall be calculated based on the removal rates for the BMPs in Table 2 below. Alternative removal rates and methods of calculating removal rates may be used if the design engineer provides documentation demonstrating the capability of these alternative rates and methods to the review agency. A copy of any approved alternative rate or method of calculating the removal rate shall be provided to the Department at the following address: Division of Watershed Management, New Jersey Department of Environmental Protection, P.O. Box 418, Trenton, New Jersey 08625-0418.
(3) If more than one BMP in series is necessary to achieve
the required eighty-percent TSS reduction for a site, the applicant
shall utilize the following formula to calculate TSS reduction:
|
R = A + B - (A x B)/100
|
---|
|
Where:
|
---|
|
|
R
|
=
|
Total TSS percent load removal from application
of both BMPs.
|
---|
|
|
A
|
=
|
TSS percent removal rate applicable to the first
BMP.
|
---|
|
|
B
|
=
|
TSS percent removal rate applicable to the second
BMP.
|
|
Table 2: TSS Removal Rates for BMPs
|
---|
|
Best Management Practice
|
TSS Percent Removal Rate
|
---|
|
Bioretention systems
|
90%
|
|
Constructed stormwater wetland
|
90%
|
|
Extended detention basin
|
40% to 60%
|
|
Infiltration structure
|
80%
|
|
Manufactured treatment device
|
|
|
Sand filter
|
80%
|
|
Vegetative filter strip
|
60% to 80%
|
|
Wet pond
|
50% to 90%
|
(4) If there is more than one on-site drainage area, the
eighty-percent TSS removal rate shall apply to each drainage area,
unless the runoff from the subareas converges on site, in which case
the removal rate can be demonstrated through a calculation using a
weighted average.
(5) Stormwater management measures shall also be designed to reduce, to the maximum extent feasible, the post-construction nutrient load of the anticipated load from the developed site in stormwater runoff generated from the water quality design storm. In achieving reduction of nutrients to the maximum extent feasible, the design of the site shall include nonstructural strategies and structural measures that optimize nutrient removal while still achieving the performance standards in Subsections
F and
G.
(6) Additional information and examples are contained in the New Jersey Stormwater Best Management Practices Manual, which may be obtained from the address identified in §
286-7.
(7) In accordance with the definition of FW1 at N.J.A.C.
7:9B-1.4, stormwater management measures shall be designed to prevent
any increase in stormwater runoff to waters classified as FW1.
(8) Special water resource protection areas shall be established
along all waters designated Category One at N.J.A.C. 7:9B and perennial
or intermittent streams that drain into or upstream of the Category
One waters as shown on the USGS Quadrangle Maps or in the County Soil
Surveys, within the associated HUC14 drainage area. These areas shall
be established for the protection of water quality, aesthetic value,
exceptional ecological significance, exceptional recreational significance,
exceptional water supply significance, and exceptional fisheries significance
of those established Category One waters. These areas shall be designated
and protected as follows:
(a)
The applicant shall preserve and maintain a
special water resource protection area in accordance with one of the
following:
[1]
A three-hundred-foot special water resource
protection area shall be provided on each side of the waterway, measured
perpendicular to the waterway from the top of the bank outwards or
from the center line of the waterway where the bank is not defined,
consisting of existing vegetation or vegetation allowed to follow
natural succession.
[2] Encroachment within the designated special water resource protection area under Subsection
G(8)(a)[1] above shall only be allowed where previous development or disturbance has occurred (for example, active agricultural use, parking area or maintained lawn area). The encroachment shall only be allowed where the applicant demonstrates that the functional value and overall condition of the special water resource protection area will be maintained to the maximum extent practicable. In no case shall the remaining special water resource protection area be reduced to less than 150 feet as measured perpendicular to the top of bank of the waterway or center line of the waterway where the bank is undefined. All encroachments proposed under this subsection shall be subject to review and approval by the Department.
(b)
All stormwater shall be discharged outside of
and flow through the special water resource protection area and shall
comply with the Standard for Off-Site Stability in the Standards for
Soil Erosion and Sediment Control in New Jersey, established under
the Soil Erosion and Sediment Control Act, N.J.S.A. 4:24-39 et seq.
(c)
If stormwater discharged outside of and flowing
through the special water resource protection area cannot comply with
the Standard for Off-Site Stability in the Standards for Soil Erosion
and Sediment Control in New Jersey, established under the Soil Erosion
and Sediment Control Act, N.J.S.A. 4:24-39 et seq., then the stabilization
measures in accordance with the requirements of the above standards
may be placed within the special water resource protection area, provided
that:
[1]
Stabilization measures shall not be placed within
150 feet of the Category One waterway;
[2]
Stormwater associated with discharges allowed
by this section shall achieve a ninety-five-percent TSS post-construction
removal rate;
[3]
Temperature shall be addressed to ensure no
impact on the receiving waterway;
[4]
The encroachment shall only be allowed where
the applicant demonstrates that the functional value and overall condition
of the special water resource protection area will be maintained to
the maximum extent practicable;
[5]
A conceptual project design meeting shall be
held with the appropriate Department staff and Soil Conservation District
staff to identify necessary stabilization measures; and
[6]
All encroachments proposed under this subsection
shall be subject to review and approval by the Department.
(d)
A stream corridor protection plan may be developed by a regional stormwater management planning committee as an element of a regional stormwater management plan or by a municipality through an adopted municipal stormwater management plan. If a stream corridor protection plan for a waterway subject to Subsection
G(8) has been approved by the Department of Environmental Protection, then the provisions of the plan shall be the applicable special water resource protection area requirements for that waterway. A stream corridor protection plan for a waterway subject to Subsection
G(8) shall maintain or enhance the current functional value and overall condition of the special water resource protection area as defined in Subsection
G(8)(a)[1] above. In no case shall a stream corridor protection plan allow the reduction of the special water resource protection area to less than 150 feet as measured perpendicular to the waterway subject to this subsection.
(e)
Subsection
G(8) does not apply to the construction of one individual single-family dwelling that is not part of a larger development on a lot receiving preliminary or final subdivision approval on or before February 2, 2004, provided that the construction begins on or before February 2, 2009.
Any person who erects, constructs, alters, repairs,
converts, maintains, or uses any building, structure or land in violation
of this chapter shall be subject to the following penalties: $500
for the first offense; subsequent offenses shall carry a fine of $1,000
for each and every day that the offense continues to exist thereafter.
This chapter shall take effect immediately upon
the approval by the county review agency, or 60 days from the receipt
of the chapter by the county review agency if the county review agency
should fail to act.