N.J. Admin. Code § 7:8-5.2

Current through Register Vol. 56, No. 24, December 18, 2024

Section 7:8-5.2 - Stormwater management measures for major development

(a) Stormwater management measures for major development shall be developed to meet the erosion control, groundwater recharge, stormwater runoff quantity, and stormwater runoff quality standards at N.J.A.C. 7:8-5.4 and 5.5. To the maximum extent practicable, these standards shall be met by incorporating nonstructural stormwater management strategies at N.J.A.C. 7:8-5.3 into the design. If these measures alone are not sufficient to meet these standards, structural stormwater management measures at N.J.A.C. 7:8-5.7 necessary to meet these standards shall be incorporated into the design.

(b) The development shall incorporate a maintenance plan under N.J.A.C. 7:8-5.8 for the stormwater management measures.

(c) Stormwater management measures shall avoid adverse impacts of concentrated flow on habitat for threatened and endangered species as documented in the Department's Landscape Project or Natural Heritage Database established under N.J.S.A. 13:1B-15.147 through 15.150, particularly Helonias bullata (swamp pink) and/or Clemmys muhlnebergi (bog turtle).

(d) The following linear development projects are exempt from the groundwater recharge, stormwater runoff quantity, and stormwater runoff quality requirements at N.J.A.C. 7:8-5.4 and 5.5:

1. The construction of an underground utility line provided that the disturbed areas are revegetated upon completion;

2. The construction of an aboveground utility line provided that the existing conditions are maintained to the maximum extent practicable; and

3. The construction of a public pedestrian access, such as a sidewalk or trail with a maximum width of 14 feet, provided that the access is made of permeable material.

(e) A waiver from strict compliance from the groundwater recharge, stormwater runoff quantity, and stormwater runoff quality requirements at N.J.A.C. 7:8-5.4 and 5.5 may be obtained for the enlargement of an existing public roadway or railroad, or the construction or enlargement of a public pedestrian access, provided that the following conditions are met:

1. The applicant demonstrates that there is a public need for the project that cannot be accomplished by any other means;

2. The applicant demonstrates through an alternatives analysis, that through the use of nonstructural and structural stormwater management strategies and measures, the option selected complies with the requirements of N.J.A.C. 7:8-5.4 and 5.5 to the maximum extent practicable;

3. The applicant demonstrates that, in order to meet the requirements at N.J.A.C. 7:8-5.4 and 5.5 existing structures currently in use, such as homes and buildings would need to be condemned; and

4. The applicant demonstrates that it does not own or have other rights to areas, including the potential to obtain through condemnation lands not falling under (e)3 above within the upstream drainage area of the receiving stream, that would provide additional opportunities to mitigate for requirements of N.J.A.C. 7:8-5.4 and 5.5 that were not achievable on-site.

N.J. Admin. Code § 7:8-5.2