ORDINANCE NO. 2007-03

AN ORDINANCE OF THE BOROUGH OF HARVEY CEDARS AMENDING CHAPTER 9 OF THE REVISED GENERAL ORDINANCE OF THE BOROUGH OF HARVEY CEDARS ENTITLED “STORMWATER REGULATIONS AND STORMWATER CONTROL”

THE BOROUGH OF HARVEY CEDARS, NEW JERSEY DOES ORDAIN AS FOLLOWS:

Section 1:        Section 9-10.7 entitled “Stormwater Management Requirements for Major Development”, paragraph B. is hereby amended to read as follows:

B.   Stormwater management measures shall avoid adverse impacts of concentrated flow on habitat for threatened and endangered species including “swamp pink” and “bog turtle” 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.

Section 2:        Section 9-10.16 entitled “Section 15:  Waivers” is hereby supplemented as follows:

Any project considered “Major Development” does not need a waiver if alternative design standards that are at least as protective as would be achieved through NJAC 7:8, are applicable under a regional stormwater plan or a water quality management plan.  The Borough may also grant a variance or exemption from the design and performance standards for stormwater management measures set forth in the plan and ordinance, provided the plan includes a mitigation plan and the Borough submits a written report to the county review agency describing the variance or exemption and required mitigation.

Section 3.        All ordinances or parts of ordinances inconsistent herewith are repealed to the extent of such inconsistency.

Section 4.        If any word, phrase, clause, section or provision of this ordinance shall be found by any court of competent jurisdiction to be unenforceable, illegal or unconstitutional, such word, phrase, clause, section or provision shall be severable from the balance of the ordinance and the remainder of the ordinance shall remain in full force and effect.

MOTION TO ADOPT:           Commissioner Garofalo

SECOND:                               Commissioner Gerkens

ROLL CALL:

            AYES:                         Oldham, Garofalo, Gerkens

            NAYS:                         none

ADOPTED ON:                      March 20, 2007

EFFECTIVE DATE:                April 9, 2007