(a) No regulated earth disturbance activities within the Municipality shall commence until approval by the Municipality of a plan which demonstrates compliance with State water quality requirements after construction is complete.
(b) The BMPs must be designed, implemented and maintained to meet State water quality requirements, and any other more stringent requirements as determined by the Municipality.
(c) To control post-construction stormwater impacts from regulated earth disturbance activities, State water quality requirements can be met by BMPs, including site design, which provide for replication of pre-construction stormwater infiltration and runoff conditions, so that post-construction stormwater discharges do not degrade the physical, chemical or biological characteristics of the receiving waters. As described in the DEP Comprehensive Stormwater Management Policy (#392-0300-002, September 28, 2002), this may be achieved by the following:
(1) Infiltration: replication of pre-construction stormwater infiltration conditions;
(2) Treatment: use of water quality treatment BMPs to ensure filtering out of the chemical and physical pollutants from the stormwater runoff; and
(3) Streambank and streambed protection: management of volume and rate of post-construction stormwater discharges to prevent physical degradation of receiving waters (e.g., from scouring).
(d) DEP has regulations that require municipalities to ensure design, implementation and maintenance of Best Management Practices ("BMPs") that control runoff from new development and redevelopment after regulated earth disturbance activities are complete. These requirements include the need to implement post-construction stormwater BMPs with assurance of long-term operations and maintenance of those BMPs.
(e) Evidence of any necessary permit(s) for regulated earth disturbance activities from the appropriate DEP regional office must be provided to the Municipality. The issuance of an NPDES construction permit (or permit coverage under the Statewide General Permit (PAG-2) satisfies the requirements of subsection (a) hereof.
(f) BMP operations and maintenance requirements are described in Article III of this chapter.
(Ord. 2004-03A. Passed 7-19-04.)