No person shall develop any land for residential, commercial,
industrial, or institutional uses without providing stormwater management
measures that control or manage runoff from such developments, except
as henceforth provided. Stormwater management measures must be designed
consistent with the Design Manual and constructed according to an
approved stormwater management plan.
The following development activities are exempt from the provisions
of this chapter and the requirements of providing stormwater management:
A. Agricultural land management activities;
B. Additions or modifications to existing single-family detached residential structures if they comply with §
14:4-8C of this chapter;
C. Any development that does not disturb over 5,000 square feet of land
area; and
D. Land development activities that the Administration determines will
be regulated under specific state laws, which provide for managing
stormwater runoff.
The Department may grant a written variance from any requirement of Article
III, Stormwater Management Criteria, of this chapter, if there are exceptional circumstances applicable to the site such that strict adherence will not fulfill the intent of this chapter. A written request for variance shall be provided to the Department and shall state the specific variances sought and reasons for their granting. The Department shall not grant a variance unless and until sufficient justification is provided by the person developing land that the implementation of ESD to the MEP has been investigated thoroughly.