N.J. Admin. Code § 7:8-1.6

Current through Register Vol. 56, No. 17, September 3, 2024

Section 7:8-1.6 - Applicability to major development

(a) Except as provided in (b) below, all major development shall comply with the requirements of this chapter.

(b) Major development shall be subject to the stormwater management requirements in effect prior to July 17, 2023, as follows:

1. Major development that does not require any of the Department permits listed at (c) below and for which a complete application has been submitted prior to July 17, 2023 shall be subject to the stormwater management requirements in effect pursuant to (b)2 or 3 below, provided that the application includes both the application form and all accompanying documents required by ordinance for one of the following approvals pursuant to the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.):

i. Preliminary or final site plan approval;

ii. Final municipal building or construction permit;

iii. Minor subdivision approval where no subsequent site plan approval is required;

iv. Final subdivision approval where no subsequent site plan approval is required; or

v. Preliminary subdivision approval where no subsequent site plan approval is required;

2. An application required by ordinance for approval pursuant to (b)1 above that has been submitted prior to March 2, 2021, shall be subject to the stormwater management requirements in effect on March 1, 2021;

3. An application required by ordinance for approval pursuant to (b)1 above that has been submitted on or after March 2, 2021, but prior to July 17, 2023, shall be subject to the stormwater management requirements in effect on March 2, 2021; and

4. Major development for which a technically complete application was submitted to the Department for one of the approvals listed at (c) below prior to July 17, 2023, shall be subject to the stormwater management requirements as follows, provided that the application included a stormwater management review component:

i. A technically complete application submitted to the Department for any of these approvals prior to March 2, 2021, shall be subject to the stormwater management requirements in effect on March 1, 2021; and

ii. A technically complete application submitted to the Department for any of these approvals on or after March 2, 2021, and prior to July 17, 2023 shall be subject to the stormwater management requirements in effect on March 2, 2021.

(c) For the purposes of this section, the term "permit" shall include transition area waivers pursuant to the Freshwater Wetlands Protection Act. In order to qualify pursuant to (b)2 above, a technically complete permit application must have been submitted to the Department for the major development under the following statutes, provided that the permit included a stormwater management review component, prior to the applicable date listed at (b)4i and ii above:

1. Flood Hazard Area Control Act, N.J.S.A. 58:16A-50 et seq.;

2. Freshwater Wetlands Protection Act, N.J.S.A. 13:9B-1 et seq.;

3. Coastal Area Facility Review Act, N.J.S.A. 13:19-1 et seq.;

4. Waterfront and Harbor Facilities Act, N.J.S.A. 12:5-3; or

5. Highlands Water Protection and Planning Act, N.J.S.A. 13:20.

(d) An exemption provided by (b) above shall expire with the expiration, termination or other loss of duration or effect of either of the qualifying local approval or Department permit, whichever comes first. The expiration of local approvals under (b)1 above shall be governed by local ordinance. In the event there are multiple qualifying Department permits under (c) above, the expiration date is governed by that permit which expires last provided that the permit is still in effect. Once the exemption expires, the major development shall be subject to all requirements of this chapter upon reapplication for that permit and all subsequent permits or local approval(s) under the Municipal Land Use Law.

(e) An exemption under (b) above is limited to the land area and the scope of the project addressed by the qualifying application(s) or subsequent approval(s). Exemptions under this section shall be deemed void if revisions are made to the qualifying application in (b) above or its subsequent approval, including applications or approvals under the Municipal Land Use Law, unless the review agency determines that each revision would have a de minimis impact on water resources. In making this determination, the review agency shall consider the extent of any impacts on water resources resulting from the revision, including, but not limited to:

1. Increases in stormwater generated;

2. Increases in regulated impervious surface;

3. Increases in regulated motor vehicle surface;

4. Increases in stormwater pollutant loading;

5. Changes in land use;

6. New encroachments in 300-foot wide near-stream areas protected through ordinance or regulation including the 300-foot riparian zone as established at N.J.A.C. 7:13-4.1(c)1; and

7. Changes in vegetative cover.

(f) Notwithstanding any rule to the contrary, a major development for any public roadway or railroad project conducted by a public transportation entity that has determined a preferred alternative or reached an equivalent milestone before July 17, 2023, shall be subject to the stormwater management requirements in effect prior to (the effective date of this rulemaking).

N.J. Admin. Code § 7:8-1.6

Administrative correction.
See: 49 N.J.R. 2530(a).
Amended by R.2020 d.003, effective 3/2/2020 (operative March 2, 2021).
See: 50 N.J.R. 2375(a), 52 N.J.R. 402(a).
Rewrote the section.

Amended by 55 N.J.R. 1385(b), effective 7/17/2023