For the purpose of this article, the following terms, phrases,
words and their derivations shall have the meanings stated herein
unless their use in the text of this article clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory. The definitions used in this article shall
be the same as the last amended Stormwater Management Rules at N.J.A.C.
7:8-1.2, incorporated herein by reference. The following additional
terms are defined for this article only.
EXEMPT DEVELOPMENT
Any development that creates less than 1,000 square feet
of new impervious area and disturbs less than 2,500 square feet of
land. Further, an exempt development shall not meet the definition
of "minor development."
MINOR DEVELOPMENT
Any development that results in the creation of 1,000 square
feet or more of new impervious area or one that disturbs more than
2,500 square feet of land area. Further, a minor development shall
not meet the definition of "major development" in N.J.A.C. 7:8.
This section establishes design and performance standards for
stormwater management measures for major development intended to minimize
the adverse impact of stormwater runoff on water quality and water
quantity and loss of groundwater recharge in receiving water bodies.
Design and performance standards for stormwater management measures
shall comply with last amended N.J.A.C. 7:8-5, incorporated herein
by reference.
A. Exempt developments. Any project meeting the definition of "exempt
development" shall be exempt from the provisions of this section.
B. Minor developments. Minor developments shall be designed to include
the following stormwater management measures:
(1) Water quality. Soil erosion and sediment control measures shall be
installed in accordance with the Standards for Soil Erosion and Sediment
Control in New Jersey.
(2) Rate/volume control. Seepage pits or other infiltration measures
shall be provided with a capacity of three inches of runoff for each
square foot of new impervious area. Stone used in the infiltration
devices shall be 2 1/2 inches clean stone and design void ratio
of 33% shall be used. The infiltration measures shall be designed
with an overflow to the surface which shall be stabilized and directed
to an existing stormwater conveyance system or in a manner to keep
the overflow on the developed property to the greatest extent feasible.
If the new impervious surface is not roof area, an equivalent area
of existing roof may be directed to the infiltration system. This
shall be permitted where the existing roof is not already directed
to infiltration devices.
Anu person(s) who erects, constructs, alters, repairs, converts,
maintains, or uses any building, structure or land in violation of
this article shall be subject to a civil fine and penalty not exceeding
$2,000 or such other penalties consistent with N.J.S.A. 40:49-5. Each
and every day that the building, structure or land remains in violation
of the provisions of this article after the deadline for compliance
set forth in the notice of violation issued by the enforcing officer(s)
shall be considered a continuing violation punishable as a separate
and distinct offense. The Municipal Court or Superior Court shall
have jurisdiction to hear and decide any action(s) brought to enforce
the provisions of this article, and any final order imposing fines
and penalties for a violation of this article shall be enforceable
in the Municipal Court or Superior Court and collectible as a lien
against the property of the violator in accordance with the Penalty
Enforcement Law of 1999, N.J.S.A. 2A:58-10 to 2A:58-12.