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:
ADMINISTRATIVE AUTHORITY
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]
APPLICANT
Any person, partnership, corporation or public agency requesting
permission to engage in land disturbance activity, construction or
development.
DEVELOPER
Any person, partnership, corporation or public agency engaging
in land disturbance activity, construction or development.
DRAINAGEWAY
Any watercourse, trench, ditch, depression, pond, lake or
other hollow in the ground, natural or artificial, which collects
or disperses surface water from land.
ENVIRONMENTALLY CRITICAL AREA
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.
ESTABLISHED GRADE
The contour of the land as it exists prior to the proposed
excavation or operation.
EXCAVATE
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.
EXCAVATOR
Any person who shall excavate, move, deposit or remove soil
as these terms are defined herein or in the public usage.
LOT (ALSO "LAND")
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.
MEADOW OF GOOD HYDROLOGIC CONDITION
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.
NATURAL DRAINAGE FLOW
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.
NONPOINT RUNOFF
Surface water entering a channel from no definable discharge
source.
OWNER
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.
PERSON
Any individual, firm, association, partnership or corporation
or any group of two or more of them or anyone acting in behalf of
said person.
PROJECT AREA
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.
RATIONAL METHOD
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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SCS METHOD
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.
SOIL
Subsoil and topsoil.
SUBSOIL
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.
SURFACE WATER
All water produced by rain, flood, drainage, springs and
seeps flowing over the land or contained within a natural or artificial
watercourse.
SURFACE WATER RUNOFF DAMAGE
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.
TOPSOIL
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.
WATERCOURSE
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.
WATERSHED
The total area of surface water runoff related to a specific
point of concentration.
WOODED AREAS
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.
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.
[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.