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East Brunswick, NJ Environmental Rules: Stormwater Management (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified October 2026

Key Facts

Governing section
East Brunswick Township Code § 192-53
Major development trigger
One or more acres disturbed, or 1/4 acre regulated impervious surface
Water quality standard
80% TSS removal for net new motor vehicle surface
Design storm
1.25 inches of rainfall in two hours
Smaller projects
Two gallons retained per square foot over allowed coverage
Recorded notice
Deed notice filed with Middlesex County Clerk's Office
Penalties
Zoning Chapter penalty provisions, per subsection N

Summary

East Brunswick Township Code § 192-53 requires green infrastructure stormwater management for major development, which means one or more acres of disturbance or 1/4 acre of new regulated impervious surface. Smaller projects must retain two gallons of stormwater on site for each square foot of impervious surface above the allowed lot coverage.

Flood control, groundwater recharge, and pollutant reduction shall be achieved through the use of stormwater management measures, including green infrastructure best management practices (GI BMPs) and nonstructural stormwater management strategies. ... Purpose. ... The purpose of this section is to establish minimum stormwater management requirements and controls for "major development," as defined below in Subsection B. ... 80% TSS removal of the anticipated load, expressed as an annual average shall be achieved for the stormwater runoff from the net increase of motor vehicle surface. ... For each square foot of impervious surface above the applicable lot coverage allowable percentage, two gallons of stormwater shall be retained on site using green infrastructure best management practices, which shall be approved by the Director of Planning & Engineering's designee. ... Penalties. Any party who erects, constructs, alters, repairs, converts, maintains, or uses any building, structure or land in violation of this section shall be subject to the penalty provisions of the Zoning Chapter of the East Brunswick Township Code.

Full Breakdown

Section 192-53 was last amended on November 14, 2024 by Ord. No. 24-30. Its stated policy is that flood control, groundwater recharge and pollutant reduction be achieved through stormwater management measures, including green infrastructure best management practices (GI BMPs) and nonstructural strategies. It applies to nonresidential major developments, to aspects of residential major developments not pre-empted by the Residential Site Improvement Standards at N.J.A.C. 5:21, and to all major developments undertaken by East Brunswick Township itself. Applications submitted before November 14, 2024 are held to the requirements in effect on November 13, 2024.

"Major development" means disturbance of one or more acres of land since February 2, 2004, creation of 1/4 acre or more of regulated impervious surface since February 2, 2004, or creation of 1/4 acre or more of regulated motor vehicle surface since March 2, 2021, or a combination of the last two totaling 1/4 acre or more.

The performance standards are numeric. For groundwater recharge, the design engineer shows that the site maintains 100% of the average annual preconstruction recharge volume, or that the increase in runoff volume for the projected two-year storm is infiltrated. For runoff quality, 80% TSS removal is required from the net increase of motor vehicle surface, using a water quality design storm of 1.25 inches of rainfall in two hours. For runoff quantity, the engineer chooses one of the printed options, including holding post-construction peak rates for the two-, ten- and 100-year storms to 50%, 75% and 80% of preconstruction rates. Dry wells are limited to a one-acre contributory drainage area, and manufactured treatment devices and small-scale bioretention, infiltration basins and sand filters to 2.5 acres. Outlet orifices on stormwater BMPs must be a minimum of 2 1/2 inches in diameter.

Every approved measure is recorded in a deed notice filed in the Middlesex County Clerk's Office, with proof submitted to the Township before construction starts. Under Subsection L, no person in control of private property, except a residential lot with one single-family house, may authorize repaving, resurfacing or reconstruction of a surface touching a storm drain inlet unless the inlet is retrofitted to control solids and floatables. Subsection M covers non-major projects: two gallons retained per square foot of excess impervious surface using green infrastructure approved by the Director of Planning & Engineering's designee.

Violations & Fines

Subsection N subjects any party who erects, constructs, alters, repairs, converts, maintains or uses any building, structure or land in violation of the section to the penalty provisions of the Zoning Chapter of the East Brunswick Township Code. The section itself prints no dollar figure. Subsection L's inlet retrofit duty, and the deed notice and maintenance plan duties for major development, are enforced through that same penalty route.

Frequently Asked Questions

What counts as major development for stormwater in East Brunswick Township?
Section 192-53 defines it as disturbance of one or more acres of land since February 2, 2004, or 1/4 acre or more of regulated impervious surface since that date, or 1/4 acre or more of regulated motor vehicle surface since March 2, 2021, or a combination of the last two.
What if my project is too small to be major development?
Subsection M applies. For each square foot of impervious surface above the allowable lot coverage percentage, two gallons of stormwater must be retained on site using green infrastructure approved by the Director of Planning & Engineering's designee. A maintenance manual and the design calculations must be submitted too.
Does a single-family homeowner need to retrofit a storm drain inlet when repaving?
No. Subsection L's prohibited conduct excludes a residential lot with one single-family house. Other private property must retrofit or replace a storm drain inlet in direct contact with repaving, resurfacing or reconstruction so it controls the passage of solids and floatables.
What recording is required for stormwater measures?
Any stormwater management measure authorized under the plan or ordinance must be reflected in a deed notice recorded in the Middlesex County Clerk's Office. A form of deed notice goes to the Township for approval before filing, and proof of filing is submitted before construction begins.

Sources & Official References

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