[HISTORY: Adopted by the Mayor and Council of the Borough of Chester 2-7-2006 by Ord. No. 2006-3. Amendments noted where applicable.]
All terms in this chapter shall be as defined in the NJDEP Stormwater Rule (N.J.A.C. 7:8 et seq.). The following additional terms are defined for this chapter 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.
Exempt developments. Any project meeting the definition of "exempt development" shall be exempt from the provisions of this chapter.
Minor developments. Minor developments shall be designed to include the following stormwater management measures:
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.
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 two-and-one-half-inch clean stone, and a 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.
Major developments. All major developments shall have their stormwater management designed in accordance with the Residential Site Improvement Standards (RSIS, N.J.A.C. 5:21) and the NJDEP Stormwater Rule (N.J.A.C. 7:8). These standards shall apply to all projects, residential and nonresidential.
Standards for relief. Waivers from strict compliance with the design standards shall only be granted upon showing that meeting the standards would result in an exceptional hardship on the applicant or that the benefits to the public good of the deviation from the standards would outweigh any detriments of the deviation. A hardship will not be considered to exist if reasonable reductions in the scope of the project would eliminate the noncompliance.
Mitigation. If the review agency for the project determines that a waiver is appropriate, the applicant must execute a mitigation plan. The scope of the mitigation plan shall be commensurate with the size of the project and the magnitude of relief required. The mitigation project may be taken from the list of projects in the Municipal Stormwater Management Plan or another project identified by the applicant. All mitigation projects are subject to the approval of the Municipal Engineer. A monetary contribution to the municipality may be made in lieu of the work identified in the mitigation plan subject to the approval of the review agency.
Review agency. All applications subject to the review of the Planning Board or Board of Adjustment shall be reviewed by those Boards concurrently with subdivision or site plan review. Applications not subject to Planning Board or Board of Adjustment review shall be reviewed by the Municipal Engineer.
Appeals. The appeal of the determination of the Municipal Engineer shall be made in accordance with N.J.A.C 40:55D-70a.
There shall be no additional fees for stormwater review for applications to the Planning Board or Board of Adjustment.