No development plan, subdivision plat or land development plan shall be approved; no permit authorizing construction or development issued; nor any earth disturbance activity subject to this chapter shall be initiated or undertaken unless and until a stormwater management plan for such activity is reviewed and approved in accord with the provisions of this chapter.
A.
No regulated development activities within the Municipality shall commence until approval by the Municipality of a stormwater management plan which demonstrates compliance with state water quality requirements after construction is complete. Refer to the Regulated Development Activity Table located in Article III of this chapter.[1]
B.
The stormwater management plan must be designed, implemented and maintained to meet state water quality requirements, and any other more-stringent requirements as determined by the Municipality.
C.
To control post-construction stormwater impacts from regulated development activities, state water quality requirements can be met by BMPs, including site design and green infrastructure, which provide for replication of preconstruction stormwater infiltration and runoff conditions, so that post-construction stormwater discharges do not degrade the physical, chemical or biological characteristics of the receiving waters. As described in the DEP Comprehensive Stormwater Management Policy (No. 392-0300-002, September 28, 2002), this may be achieved by the following:
(1)
Infiltration: replication of preconstruction stormwater infiltration conditions.
(2)
Treatment: use of water quality treatment BMPs to ensure filtering out of the chemical and physical pollutants from the stormwater runoff.
(3)
Stream bank and stream bed protection: management of volume and rate of post-construction stormwater discharges, using detention/retention and other means, to prevent physical degradation of receiving waters (e.g., from scouring).
D.
In the absence of an existing stormwater conveyance or easement, whether natural or man-made, for release of stormwater flow from a development site, an easement must be provided. Information shall be presented as to the ownership, responsible party, and agreement for said easement.
E.
The stormwater management plan must meet DEP regulations that require municipalities to ensure design, implementation and maintenance of best management practices ("BMPs") that control runoff from new development and redevelopment after regulated development activities are complete. These requirements include the need to implement post-construction stormwater facilities and BMPs with assurance of long-term operations and maintenance of those BMPs.
F.
Evidence of any necessary permit(s), such as Chapter 102 erosion and sedimentation control or Chapter 105 stream encroachment, for regulated development activities from WCD or the appropriate DEP regional office must be provided to the Municipality. The issuance of an NPDES construction permit [or permit coverage under the Statewide General Permit (PAG-2)] may satisfy the requirements of Subsection A above, after review and approval by the Municipality.
H.
The Municipality shall not approve any SWM plan that is deficient in meeting the requirements of this chapter. At its sole discretion and in accordance with this article, when an SWM plan is found to be deficient, the Municipality may either disapprove the submission and require a resubmission, or in the case of minor deficiencies, the Municipality may accept submission of modifications.
I.
Professional certification. The stormwater management plan (including all calculations) must be prepared and sealed by a qualified professional with training and expertise in hydrology and hydraulics. Documentation of qualifications may be required by the Municipality.