A.
It is hereby determined that:
(1)
Land development projects and associated disturbance of vegetation
and soil and changes in land cover, including increases in impervious
cover, alter the hydrologic response of local watersheds and increase
stormwater runoff rates and volumes. If inadequately or improperly
managed, this stormwater runoff can deplete groundwater resources
and increase flooding, stream channel erosion, and sediment transport
and deposition.
(2)
This stormwater runoff contributes to increased quantities of waterborne
pollutants.
(3)
Increases of stormwater runoff, soil erosion and nonpoint source
pollutants have occurred in the past as a result of land development,
and contribute to the degradation of the water resources of the City
of Estell Manor (the City) and downstream municipalities.
(4)
Certain lands of the City lie within the Pinelands Area, and therefore,
development in this portion of the City is subject to the requirements
of the Pinelands Protection Act (N.J.S.A. 13:18A-1 et seq.) and the
implementing regulations and minimum standards contained in the Pinelands
Comprehensive Management Plan (N.J.A.C. 7:50-1.1 et seq.) (CMP). The
purpose and intent of these regulations and standards is to promote
orderly development of the Pinelands so as to preserve and protect
the significant and unique natural, ecological, agricultural, archaeological,
historical, scenic, cultural and recreational resources of the Pinelands.
(5)
Pinelands Area resources are to be protected in accordance with the
Pinelands Comprehensive Management Plan at N.J.A.C. 7:50-1.1 et seq.,
New Jersey's Stormwater Management Rules at N.J.A.C. 7:8-1.1 et seq.
and New Jersey's surface water quality antidegradation policies contained
in the New Jersey Surface Water Quality Standards at N.J.A.C. 7:9B-1.1
et seq. Permitted uses shall maintain the ecological character and
quality of the Pinelands, including good water quality and natural
rates and volumes of flow.
(6)
Increased stormwater rates and volumes and the sediments and pollutants
associated with stormwater runoff from future development projects
within the Pinelands Area have the potential to adversely affect the
City's streams and water resources and the streams and water resources
of downstream municipalities.
(7)
Stormwater runoff, soil erosion and nonpoint source pollution can
be controlled and minimized through the regulation of stormwater runoff
from development sites.
(8)
It is in the public interest to regulate the discharge of stormwater runoff from major development projects, as defined in § 330-31 of this Part 1, conducted within the Pinelands Area, as provided in this Part 1, in order to control and minimize increases in stormwater runoff rates and volumes, to maintain groundwater recharge, and to control and minimize soil erosion, stream channel erosion and nonpoint source pollution associated with stormwater runoff.
B.
Therefore, it is the purpose of this Part 1 to establish minimum
stormwater management requirements and controls for major development,
consistent with the statewide stormwater requirements at N.J.A.C.
7:8, the regulations and standards contained in the Pinelands CMP,
and the provisions of the adopted master plan and land use ordinances
of the City.
A.
Through this Part 1, the City has established the following goals
for stormwater control:
(1)
To reduce flood damage, including damage to life and property;
(2)
To minimize any increase in stormwater runoff from new development;
(3)
To reduce soil erosion from any development or construction project;
(4)
To ensure the adequacy of existing and proposed culverts and bridges,
and other in-stream structures;
(5)
To maintain groundwater recharge;
(6)
To minimize any increase in nonpoint pollution;
(7)
To maintain the integrity of stream channels for their biological
functions, as well as for drainage;
(8)
To restore, protect, maintain and enhance the quality of the streams
and water resources of the City and the ecological character and quality
of the Pinelands Area;
(9)
To minimize pollutants in stormwater runoff from new and existing
development in order to restore, protect, enhance and maintain the
chemical, physical and biological integrity of the surface waters
and groundwaters of the City, to protect public health and to enhance
the domestic, municipal, recreational, industrial and other uses of
water; and
(10)
To protect public safety through the proper design and operation
of stormwater management basins.
B.
In order to achieve the goals for stormwater control set forth in
this Part 1, the City has identified the following management techniques:
(1)
Implementation of multiple stormwater management best management
practices (BMPs) may be necessary to achieve the performance standards
for stormwater runoff quantity and rate, groundwater recharge, erosion
control, and stormwater runoff quality established through this Part
1.
(2)
Compliance with the stormwater runoff quantity and rate, groundwater
recharge, erosion control, and stormwater runoff quality standards
established through N.J.A.C. 7:8-1.1 et seq., and this Part 1, shall
be accomplished to the maximum extent practicable through the use
of nonstructural BMPs, before relying on structural BMPs. Nonstructural
BMPs are also known as "low-impact development" (LID) techniques.
(3)
Nonstructural BMPs shall include both environmentally sensitive site
design and source controls that prevent pollutants from being placed
on the site or from being exposed to stormwater.
(4)
Source control plans shall be developed based upon physical site
conditions and the origin, nature and the anticipated quantity or
amount of potential pollutants.
(5)
Structural BMPs, where necessary, shall be integrated with nonstructural
stormwater management strategies and proper maintenance plans.
(6)
When using structural BMPs, multiple stormwater management measures,
smaller in size and distributed spatially throughout the land development
site, shall be used wherever possible to achieve the performance standards
for water quality, quantity and groundwater recharge established through
this Part 1 before relying on a single, larger stormwater management
measure to achieve these performance standards.
This Part 1 shall apply to:
In addition to other development review procedures set forth in the Code of the City of Estell Manor, major developments located within the Pinelands Area shall comply with the stormwater management requirements and specifications set forth in this Part 1. New agricultural development that meets the definition of major development in § 330-31 of this Part 1 shall be submitted to the appropriate Soil Conservation District for review and approval in accordance with the requirements of N.J.A.C. 7:8-5.4(b).
A.
Development approvals issued for subdivisions and site plans pursuant
to this Part 1 are to be considered an integral part of development
approvals under the subdivision and site plan review process and do
not relieve the applicant of the responsibility to secure required
permits or approvals for activities regulated by any other applicable
ordinance, code, rule, regulation, statute, act or other provision
of law.
B.
In their interpretation and application, the provisions of this Part
1 shall be held to be the minimum requirements for the promotion of
the public health, safety, and general welfare. This Part 1 is not
intended to interfere with, abrogate, or annul any other ordinance,
rule or regulation, statute, or other provision of law except that,
where any provision of this Part 1 imposes restrictions different
from those imposed by any other ordinance, rule or regulation, or
other provision of law, the more restrictive or stringent provisions
or higher standards shall control.
C.
In the event that a regional stormwater management plan(s) is prepared
and formally adopted pursuant to N.J.A.C. 7:8-1.1 et seq. for any
drainage area(s) or watershed(s) of which the City is a part, the
stormwater provisions of such a plan(s) shall be adopted by the City
of Estell Manor within one year of the adoption of a regional stormwater
management plan (RSWMP) as an amendment to an area-wide water quality
management plan. Local ordinances proposed to implement the RSWMP
shall be submitted to the Commission for certification within six
months of the adoption of the RSWMP per N.J.A.C. 7:8 and the Pinelands
CMP (N.J.A.C. 7:50.).
