A-1795-07T2
12-12-08
The Phase II stormwater management regulations adopted by
the DEP do not include any provision for DEP review to determine compliance. Therefore, unless a developer is required to obtain a permit under another DEP regulatory program, such as the Freshwater Wetlands Protection Act, the determination of compliance with the Phase II regulations must be made by the planning board as part of its review of a land use application under the Municipal Land Use Law and the statewide rules that govern streets, water supply, sanitary sewer systems, and stormwater management, adopted pursuant to the Residential Site Improvement Standards Act.
