Chapter
26, Stormwater Management Regulations, of the Revised General Ordinances sets forth the stormwater management requirements for major development. In accordance with N.J.A.C. 7:8-1.2, "major development" shall mean an individual development as well as multiple developments that individually or collectively result in (1) the disturbance of one or more acres of land since February 2, 2004; (2) the creation of 1/4 acre or more of regulated impervious surface since February 2, 2004; (3) the creation of 1/4 acre or more of regulated motor vehicle surface since March 2, 2021; or (4) a combination of (2) and (3) above that totals an area of 1/4 acre or more. The same surface shall not be counted twice when determining if the combination area equals 1/4 acre or more. Major development includes all developments that are part of a common plan of development or sale (for example, phased residential development) that collectively or individually meet any one or more of items (1), (2), (3) or (4) above. Projects undertaken by any government agency that otherwise meet the definition of "major development" but which do not require approval under the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., are also considered major development.
The New Jersey Department of Environmental Protection (NJDEP)
has exclusive control over regulated activities within freshwater
wetlands as defined in the New Jersey Freshwater Wetlands Protection
Act, N.J.S.A. 13:9B-1 et seq. The purpose of these regulations is
to coordinate municipal development review procedures with the wetlands
regulations of NJDEP.
A. Documentation. All freshwater wetlands, and all wetland transition
areas required pursuant to N.J.A.C. 7:7A-1 et seq., or any successor
regulations, shall be clearly shown on all subdivisions, site plans,
lot grading plans, and/or other development plans submitted to the
City for any development approval. Whenever it has been confirmed
that no wetlands or wetland transition areas are present on a site,
a note to that effect shall be shown on the plans for development.
B. NJDEP file identification number. Whenever on-site freshwater wetlands
and/or wetland transition areas have been verified by NJDEP through
the issuance of a letter of interpretation (LOI), all subdivision,
site plans, lot grading plans, and/or other plans submitted to the
City for any development approval shall include therein the wetlands
line file identification number assigned by NJDEP in connection with
the issuance of an LOI for the property.
C. Disturbance fencing. To prevent encroachment into freshwater wetlands
and wetland transition areas, the developer of any approved subdivision,
site plan, lot grading plan or other development plan shall install
disturbance fencing in accordance with the requirements of the NJDEP
and the Union County Soil Conservation District before the commencement
of any land disturbance or construction adjacent to any freshwater
wetlands and/or wetland transition area.
D. Silt fencing. Prior to the commencement of any land disturbance or
construction, the developer of any approved subdivision, site plan,
lot grading plan, or other development plan shall install silt fencing
and/or hay bales downstream of any disturbance area adjacent to freshwater
wetlands and/or wetland transition areas in accordance with the requirements
of the NJDEP and the Somerset-Union County Soil Conservation District.
E. Proof of recording of deed restriction. Prior to the signing of any
approved minor subdivision plat or deed description, final major subdivision
plat, or final site plan drawings, the applicant shall submit to the
secretary of the reviewing board proof that any deed restrictions
required by the NJDEP in connection with transition area averaging
or other transition area modifications associated with the approved
subdivision or site plan have been duly recorded in the land records
of the Clerk of Union County.
F. Recording notice of wetland limits. As a condition of approval of
any application for development of any lot containing freshwater wetlands
and/or wetland transition areas, the applicant shall be required to
record in the land records of the Clerk of Union County a mapped description
of the limits of such freshwater wetlands and/or wetland transition
areas, together with a bold print notice that no land disturbance
or other activities may be undertaken therein without the obtaining
of all necessary prior approvals from the NJDEP.
G. Waiver for improvements to existing single-family dwellings. Whenever
any variance or grading permit is sought for any addition to or modification
of any existing single-family dwelling and/or the lot on which it
is located, the Board of Adjustment, when acting on a variance, and
the City Engineer, when acting on a grading permit, may waive the
requirements of Subsections A, B, and/or F of this section (to the
extent they are applicable) when it is reasonably clear to the reviewing
authority that there exist no on-site wetlands and/or wetland transition
areas, or that any on-site wetlands and/or wetland transition areas
are remote from the areas of proposed development and/or disturbance.
Nothing herein shall authorize or permit any unlawful disturbance
of or activities within freshwater wetlands and/or wetland transition
areas.
Application for a building permit for any proposed development on land lying within Floodplain Zone A, Special Flood Hazard Area, as shown on the current Department of Housing and Urban Development, Federal Insurance Administration Flood Hazard Boundary Maps for the City of Summit, shall be first reviewed by the Planning Board under the provisions of this Chapter
35, and all standards, procedures and requirements therein set forth shall be complied with to the extent applicable to construction or other improvements in a floodplain area having special flood hazards.