[HISTORY: Adopted by the Township Committee
of the Township of Readington 10-18-1976. Amendments noted where applicable.]
This chapter shall be known as the "Readington
Township Soil and Surface Water Management Ordinance."
The purpose of this chapter is to control soil
erosion, sedimentation and surface water runoff damage and related
environmental damage by management of soil disturbance and alteration
of vegetative ground cover and natural drainage patterns in order
to promote the safety, public health, convenience and general welfare
of the community.
As used in this chapter, the following terms
shall have the meanings indicated:
That governmental body designated to approve permits under
this chapter. When the application is part of a land subdivision or
site plan application, the Planning Board or the Zoning Board of Adjustment
shall constitute the "administrative authority" and the submissions
necessary for those applications shall be considered as applying to
this chapter also. In all other cases, the Environmental Commission
shall constitute the "administrative authority."
[Amended 10-4-1999 by Ord. No. 20-99]
Any person, partnership, corporation or public agency requesting
permission to engage in land disturbance activity, construction or
development.
Any person, partnership, corporation or public agency engaging
in land disturbance activity, construction or development.
Any watercourse, trench, ditch, depression, pond, lake or
other hollow in the ground, natural or artificial, which collects
or disperses surface water from land.
Any area which should not be disturbed by uses incompatible
with the paramount public interest in the management of surface water
runoff and attendant environmental damage. Examples of environmentally
critical impact areas include but are not limited to lakes, ponds,
floodplains and flood hazard areas, designated stream corridors, steep
slopes, highly erodible soil wetlands, swamps, marshes, bogs, aquifer
recharge and discharge areas and heavily wooded areas.
The contour of the land as it exists prior to the proposed
excavation or operation.
To dig, remove, move, deposit, fill, grade, regrade, level
the soil or otherwise alter or change the contour of land or to transport
soil to or from such an operation. This shall not be construed to
include plowing, spading, cultivating, harrowing or disking the soil
or any other operation usually and ordinarily associated with tilling
of the soil for agricultural or horticultural purposes.
Any person who shall excavate, move, deposit or remove soil
as these terms are defined herein or in the public usage.
See "excavate."
Any parcel of land or portion thereof, the boundary line
of which can be ascertained by reference to the maps and records,
or either, in the offices of officials of the Township of Readington
or in the office of the County Clerk of the County of Hunterdon.
As defined by sheet RTSC-NE-Engineer 200, sheet No. 1 of
two, published by the United States Department of Agriculture, Soil
Conservation Service, February 1970.
The topographical pattern or system of drainage of surface
water runoff from a particular site, including the various drainageways
and watercourses which carry surface water only during periods of
heavy rains, storms or floods.
Surface water entering a channel from no definable discharge
source.
Any persons seized in fee simple of any lot or having such
other interest or estate therein as will permit exercise of possession
thereof or dominion thereover.
Any individual, firm, association, partnership or corporation
or any group of two or more of them or anyone acting in behalf of
said person.
That area or portion of a lot wherein it is proposed to undertake
an excavation project and including all areas which will reasonably
be expected to be affected by the project.
A general method for calculating surface water runoff rate
using the formula:
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Q = RIA
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Where
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Q = Runoff rate, cubic feet per second
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R = Coefficient of runoff.
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I =Intensity of storm.
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A = Upstream area contributing to runoff.
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For further examples of the use of the "Rational Method," see Urguhart, Civil Engineering Handbook, McGraw Hill; Steel, Water Supply and Sewerage, McGraw Hill (Chapter 13); or other similar civil engineering reference works.
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A method of calculating surface water runoff rate as described
in the Engineering Field Manual for Conservation Practices, United
States Department of Agriculture, Soil Conservation Service, edition
current December 31, 1971, which manual is incorporated by reference
and made a part hereof as if fully set forth at length. Copies of
said manual are available in the Township Clerk's office.
Subsoil and topsoil.
Includes all soil usually found lying beneath the top layer
of soil, be it sand, silt, gravel, clay, boulders, stone, aggregate,
dirt or a combination of one or more of the foregoing.
All water produced by rain, flood, drainage, springs and
seeps flowing over the land or contained within a natural or artificial
watercourse.
All damage or harm to property values, lands, buildings or
other structures, vegetation and water supplies, including but not
limited to flooding, soil erosion, siltation and other pollution of
watercourses and diminished recharge of groundwater supply.
Soil which, in its natural state, constitutes the top layer
of earth and is composed of 2% or more by weight of organic matter
and has the ability to support vegetation.
Rivers, streams, brooks, waterways, lakes, ponds, marshes,
swamps, bogs and all other bodies of water, natural or artificial,
public or private, which are contained within, flow through or border
on Readington Township and which receive or conduct surface water
runoff.
The total area of surface water runoff related to a specific
point of concentration.
Areas containing numerous trees having attained a diameter
of four inches at a height of four feet from the ground as determined
by the Municipal Engineer.
A.
It shall be unlawful for any person to engage in any
land disturbance activity on any property within the Township without
having submitted a soil and surface water runoff management plan,
together with erosion and sediment control plans, to the administrative
authority and obtaining approval of such plan and a permit or written
waiver of necessity from the administrative authority.
B.
A soil and surface water management plan shall be
approved by the administrative authority prior to site plan approval,
special exception, issuance of building permit, preliminary subdivision
approval or any other land disturbance activity. It shall be similarly
unlawful for any landowner or lessee to permit another person to conduct
such operations on his property without such a permit.
The surface water management plan or any major
amendment thereto shall be approved by the administrative authority
according to the regulations hereinafter set forth. The administrative
authority, in approving said surface water management plan, may impose
lawful conditions or requirements designated or specified on or in
connection therewith. These conditions and requirements shall be provided
and maintained as a condition to the establishment, maintenance and
continuance of any use or occupancy of any structure or land.
Amendments to a surface water management plan
may be approved by the Municipal Engineer, provided that the same
are minor in nature and will not adversely affect the plan as approved
by the administrative authority and will not result in increased runoff
or sedimentation.
If at any time the Municipal Engineer finds
existing conditions not as stated in the applicant's approved plan,
the administrative authority or its designated agent shall order cessation
of all work and may seek to enjoin violation or take such steps looking
to the enforcement of the plan as may be lawful.
A.
Application for approval of a project under this chapter
shall be made to the Clerk or Secretary of the administrative authority.
B.
The application shall be accompanied by the following
information in four copies:
(1)
A map of the entire plot drawn to a scale not exceeding
200 feet per inch, showing all adjacent state, county, municipal and
private roads and rights-of-way, drainage easements, streams, existing
surface water runoff control, all existing devices, mechanisms or
areas, swamps, floodplains, swales, woods and vegetation, steep slopes
and other features critical to the purposes of this chapter and the
names of all adjacent property owners.
(2)
A contour map of the project area as it exists at
the time of the application, drawn to a scale not exceeding 100 feet
per inch, with two-foot contour intervals.
(3)
Lot and block numbers of the site as shown on the
current Tax Map of the Township.
(4)
Name and address of the owner of the lands.
(5)
Size of subwatershed and location of the site within
the subwatershed.
(6)
Size of nearest culvert or bridge downstream of discharge
area, profiles and cross section of stream channel upstream of that
structure as well as profiles and cross sections of stream channel
at all points of proposed surface water discharge from the site as
required by the Municipal Engineer.
(7)
Maps as in Subsection B(l) and (2) above showing the
project area as it will stand upon completion of the proposed work.
(8)
Designation of critical or other area to be left undisturbed
shall be shown in sufficient detail to be accurately marked on the
land.
(9)
Computation of the total surface water runoff before,
during and after the disturbance of land and/or construction of impervious
surfaces.
(10)
Proposed measures for surface water management.
(11)
A schedule of the sequence of installation of the
surface water management plan, related to the starting and completion
dates of the project.
(12)
Proposed maintenance schedule for all surface water
management structures, stipulating current maintenance, continued
maintenance and responsibility for the same.
(13)
All proposed revisions of required data as well as
such additional data as the administrative authority may require.
(14)
A complete schedule of operations detailing all phases
of the project with the time when each will be completed. These times
may be established as calendar dates or by reference to preceding
operations.
(15)
An application fee of $10 plus $0.03 per cubic yard
of earth to be moved in excess of 1,000 cubic yards. No application
fee shall exceed $100.
A.
The administrative authority shall begin consideration
of each application at its next regularly scheduled meeting after
submission and shall rule upon the submission within 45 days thereafter.
Failure to rule within this period shall constitute approval of the
application unless an extension of time is agreed upon by the administrative
authority and the applicant.
B.
The administrative authority shall consult whatever
expert opinion may appear to be pertinent, including the Municipal
Engineer, Hunterdon County Soil Conservation District, Municipal Health
Officer and others who may have capabilities or information which
may be of assistance in reaching a decision.
C.
Reasonable time limits may be imposed by the administrative
authority for starting and completing the project.
D.
The project plan as finally approved shall constitute
the particular specifications for the project and shall be adhered
to in every respect.
E.
To alleviate unusual hardship caused by this chapter
in the case of small projects and to further the intent and purpose
of the chapter, the administrative authority may adopt regulations
which expand and clarify the requirements of this chapter and which
provide for the approval of projects below a given size by one or
more designated members or employees of the administrative authority
without reference to the Board as a whole.
F.
Where, by reason of exceptional narrowness, shallowness
or shape of a specific piece of property or by reason of exceptional
topographic conditions or by reason of other extraordinary and exceptional
situation or conditions of a particular piece of property, strict
application of this chapter would result in peculiar and exceptional
practical difficulty to, or exceptional and undue hardship upon, the
developer of such property, a variance from the strict application
of this chapter may be granted by the administrative authority.
G.
If, after considering all relevant factors and after
consultation with pertinent expert opinion, the administrative authority
determines that the proposed land disturbance or construction project
will be managed in accordance with standards of this chapter and will
not be detrimental to the public health, safety and general welfare,
the administrative authority shall approve the plan and issue the
necessary permit.
H.
If, however, after considering all relevant factors
and after consultation with pertinent expert opinion, the administrative
authority determines that the proposed land disturbance or construction
project will not be managed in accordance with the standards of this
chapter and will be detrimental to the public health, safety and general
welfare, the administrative authority shall deny the permit and shall
clearly and concisely state the reasons for denial.
A.
Standards. The following standards shall govern the
preparation of all project plans and shall guide the administrative
authority in its consideration of those plans:
(1)
The susceptibility of the land to erosion shall be
minimized during the operation and after completion of the project.
(2)
The smallest practical area of soil shall be exposed
at any one time.
(3)
Existing natural vegetation shall be protected and
preserved wherever and whenever feasible.
(4)
Temporary plant cover and/or effective mulching shall
be used to protect critical erosion areas during the operation. Temporary
vegetative cover must be such as to perpetuate itself until permanent
vegetation is provided.
(5)
Permanent measures for surface water management, including
seeding and sodding of grass waterways, shall be completed before
beginning any other land disturbance or construction.
(6)
All water-carrying structures and/or retention areas
shall be completed and stabilized prior to diversion of water to them.
(7)
Temporary drainage facilities shall be provided to
accommodate water runoff during the construction of permanent drainage
facilities.
(8)
Sediment basins or silt traps shall be installed and
maintained to intercept sediment and debris in runoff water during
construction.
(9)
Temporary and/or permanent stormwater detention devices
shall be provided wherever feasible.
(10)
Sharp declivities and pits shall be avoided
at all times.
(11)
Lateral support of abutting roads and properties
shall be preserved. Except in unusual circumstances, final grades
shall not be lower than adjoining properties.
(12)
The operation shall be carried out at reasonable
hours as specified by the administrative authority and in a manner
which will protect the public health, safety and general welfare.
(13)
No project shall impair the utilization of the
land for any purpose permitted under any existing land use ordinance
or Master Plan.
(14)
The project area shall be covered with a layer
of topsoil not less than six inches deep which must be composed solely
of the original top layer of soil or its qualitative equivalent as
determined by an agent of the Hunterdon County Soil Conservation District.
(15)
Natural watercourses shall be preserved, and
there shall be no interruption or impediment of natural drainage entering
or leaving the property. No filling, excavating or disturbance of
the soil will be permitted within the stream encroachment lines as
established by the New Jersey Division of Water Policy and Supply
or by the Township government without a permit issued by the Division
of Water Policy and Supply.
(16)
The rate and velocity of runoff from the site
following completion of the planned development shall not exceed that
which would prevail under total coverage in a meadow of good hydrologic
conditions (permanent meadow), as defined by Soil Conservation Service
standards or previous cover, whichever produces the least amount of
runoff.
(17)
Maximum use shall be made of presently existing
surface water runoff control devices, mechanisms or areas such as
existing berms, terraces, grass waterways, favorable hydrologic soils,
swamps, swales, watercourses, woodlands and floodplains, as well as
any proposed retention structures.
(18)
Evaluation shall be made of the nature of the
subwatershed of which the site is a part, the receiving stream channel
capacities and point of concentration structure.
(19)
Surface water runoff shall not be transferred
from one watershed to another.
(20)
The plan must coordinate with all other applicable
ordinances and statutes.
(21)
To the greatest possible extent, the plan shall
avoid the concentration of flow and shall provide for dissipation
of velocities at all concentrated discharge points.
(22)
All structures, land treatment practices and
reestablishment of vegetative cover shall be in accordance with Standards
and Specifications for Soil Erosion and Sediment Control in New Jersey,
adopted by the Hunterdon County Soil Conservation District, published
June 14, 1972.
(23)
Drainageways and watercourses which normally
carry or receive surface water runoff shall not be overloaded with
increased runoff, sediment or other pollution during construction
or after completion of the project.
(24)
Due consideration shall be given to the relationship
of the subject property to the natural or established drainage pattern
of the subwatershed(s) of which it is a part.
(25)
Surface water runoff controls shall be designed
to assure that the land in question uses not more than its proportionate
watershed share of the natural stream and culvert capacity.
(26)
Innovative surface water runoff control and
recharge devices may be proposed, such as rooftop storage, dry wells,
cisterns and roof drain infiltration trenches, provided that they
are accompanied by detailed engineering plans and performance capability.
(27)
For calculating surface water runoff and for
design for drainage controls, the following parametric values shall
be used:
(b)
Maximum velocity at pipe outlets: four feet
per second.
(c)
When using the Rational Method of calculation:
[1]
Runoff factor (R) equals 0.30.
[2]
Rainfall intensity shall be determined from
graphs of rainfall intensity as prepared for this purpose by Rules
and Standards for the Preparation Plan, Specifications, Contract Forms
and Engineering Estimates, New Jersey State Highway Department, 1961,
or equivalent charts, graphs or tables yielding the same data values.
(d)
When using the SCS method of calculation:
[1]
Apparent surface condition after project completion:
meadow of good hydrologic condition for the soil type existing on
the site.
[2]
Rainfall intensity shall be determined from
graphs prepared by the Soil Conservation Service, United States Department
of Agriculture, Engineering Field Manual for Conservation Practices,
1971, or equivalent charts, graphs or tables yielding the same data
values.
(28)
The overriding consideration shall be that the
project plan shall be such and it shall be conducted in such a manner
as to result in the maximum overall benefit to the public.
(29)
All of these standards shall be addressed by
the applicant, and if any do not apply to a particular project, a
statement to that effect, with reasons, shall be submitted.
B.
Maintenance. It shall be the duty of the person, persons
or legal entity from time to time owning or controlling the land which
has been disturbed, in accordance with an approved soil erosion and
sediment control plan, to adequately maintain the same according to
the grades approved by said plan and maintain all of the measures,
devices and plantings provided for in said plan in effective condition.
A.
The following operations are exempt from the provisions of §§ 197-4 through 197-9 and 197-12 of this chapter. Exempt operations must comply with the standards of § 197-10.
(1)
Excavations for purposes of construction not exceeding
600 cubic yards, confined within an area of 3,600 square feet.
(2)
Excavation and grading for yards, sidewalks, drainage
ditches, sewage disposal systems or other minor yard improvements.
(3)
Sanitary landfill operations which are in conformance
with municipal and/or state codes.
(4)
New streets, roadways and driveways where regulated
by other ordinances. In these cases, permits under said ordinances
shall be issued in conformity with the requirements of this chapter.
(5)
Quarries, gravel pits, sand pits and shale pits when
permitted and regulated under other ordinances of this municipality.
(6)
Excavations made by the Township of Readington, the
County of Hunterdon or the State of New Jersey for public improvements
such as streets, highways, drainage, sewers or other similar projects.
(7)
Underground utility lines within the bounds of the
public streets and roadways.
(8)
Plowing, harrowing and otherwise cultivating of the
soil for agricultural purposes, provided that no soil is removed or
added and that no public nuisance is created or maintained.
B.
Waiver. The Planning Board or Zoning Board of Adjustment
may waive the need for a soil and surface water management plan for
site plans of two acres or less upon recommendation of the Municipal
Engineer.
[Amended 10-4-1999 by Ord. No. 20-99]
A.
Inspection shall be made by the Municipal Engineer
at his discretion or on request of the administrative authority to
ensure that the provisions of this chapter and the permit are fully
complied with.
B.
Granting of a permit shall be construed as permission
for the Municipal Engineer or his agent to inspect the premises of
the operation and enter thereon as necessary for complete inspection.
C.
The administrative authority may require boundary
stakes and grade stakes to be erected by the grantee for purpose of
inspection.
D.
Fees for inspection shall be paid to the Township
by the permit holder before release of the performance bond.
E.
If the Township Engineer finds existing conditions not as stated in the applicant's erosion and sediment control plan, he may refuse to approve further work and may require necessary erosion and sediment control measures to be promptly installed and may seek other penalties and/or remedies as provided in § 197-15.
A.
Appeals from decisions under this chapter may be made
to the governing body in writing within 10 days from the date of such
decision. The appellant shall be entitled to a hearing before the
municipal governing body within 30 days from date of appeal.
B.
The appellant shall notify, by personal service or
certified mail, the administrative authority, Municipal Engineer and
neighboring landowners within 200 feet of the boundary lines of the
lands of the proposed operation 10 days prior to the hearing date
and shall file proof of service of the aforesaid notice with the Municipal
Clerk before the hearing date.
A.
It is hereby determined that the existence of any
condition which is conducive to erosion of the land or siltation of
a stream constitutes a public nuisance and is hereby prohibited.
B.
Any person who permits such a nuisance on land under
his control longer than 30 days after being notified by the Code Enforcement
Officer or Zoning Officer shall be guilty of a violation of this chapter.
[Amended 10-4-1999 by Ord. No. 20-99]
A.
Violations and penalty. Any person, persons or legal
entity who shall disturb any land area other than in accordance with
an approved soil erosion and sediment control plan; or having commenced
the disturbance of any land area in accordance with such approved
plan shall fail to complete the same; or being the owner or in control
of land which has been disturbed in accordance with such approved
plan shall fail to maintain the same according to the grades approved
by said plan; or shall fail to maintain all of the measures, devices
and plantings provided for in said plan in effective condition; or
shall cause, suffer or permit to be done any of the foregoing, shall
be guilty of a violation of this chapter and, upon conviction, shall
be liable to a fine not exceeding $1,000, imprisonment for a term
not exceeding 90 days and/or a period of community service not exceeding
90 days. Each and every day such violation continues shall be deemed
a separate and distinct violation.
[Amended 10-4-1999 by Ord. No. 20-99]
B.
Other remedies.
(1)
In addition to any other remedies, the municipality
may institute any appropriate action in a court of competent jurisdiction
to enjoin or abate any violation of this chapter.
(2)
Where land is disturbed in violation of this chapter
and is part of land upon which a building or buildings are in the
course of construction or are about to be constructed or about to
be occupied, and if the safety, public health, convenience and general
welfare of the community would not be adequately protected if any
such buildings were permitted to be constructed, completed or occupied
while such violation continues, then and in any such instance the
Code Enforcement Officer may, upon report of the Township Engineer
as to such violation, refuse to issue a building permit for such buildings,
stop the work upon any such buildings for which a building permit
has been issued and refuse to issue a certificate of occupancy for
any such buildings:
[Amended 10-4-1999 by Ord. No. 20-99]
A.
In cases not involving land subdivision or site plan
approval, a performance bond shall be posted by the applicant before
beginning work to insure the completion or satisfactory termination
of incomplete work, for reimbursement of expenses incurred by the
municipality in repairing public facilities and roads affected by
the operation and for correction of unsatisfactory work.
B.
Amounts of performance bonds shall be set by the administrative
authority upon recommendation by the Municipal Engineer.
C.
The minimum bond shall be $200, plus $0.10 per cubic
yard after 600 cubic yards, maximum to be $5,000 aggregate.
D.
The bonding company and form of bond shall be subject
to the approval of the Municipal Attorney.
[Added 4-19-2010 by Ord. No. 08-2010]
Prior to the issuance of a building permit, the property owner
shall submit a review and inspection escrow fee in the amount of $1,500
which shall be payable to the Township of Readington. The applicant
shall replenish the review and inspection escrow as necessary to maintain
a minimum balance of $1,000.
