For the purpose of this chapter, the following terms, phrases,
words and their derivations shall have the meanings stated herein
unless their use in the text of this chapter 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 chapter 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 chapter only.
EXEMPT DEVELOPMENT
Any development that creates less than 500 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."
MAJOR DEVELOPMENT
A.
(Repeated from N.J.A.C. 7:8) 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 Subsection A(1) and (2) 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.
B.
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 Subsection A(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."
MINOR DEVELOPMENT
Any development that results in the creation of 500 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 minor and 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.
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.
C. Major developments. Design and performance standards for stormwater
management measures shall comply with last amended N.J.A.C. 7:8-5,
incorporated herein by reference.
Any person who erects, constructs, alters, repairs, converts,
maintains, or uses any building, structure or land in violation of
this article shall be subject to the following penalties:
A. Up to $10,000 per month until the Borough, through consultation with
the Design Engineer, determines the violation is remedied.
Each section, subsection, sentence, clause and phrase of this
chapter is declared to be an independent section, subsection, sentence,
clause and phrase, and the finding or holding of any such portion
of this chapter to be unconstitutional, void, or ineffective for any
cause, or reason, shall not affect any other portion of this chapter.
This chapter shall be in full force and effect from and after
its adoption and any publication as required by law.