Minor revisions to a surface water management plan may be approved by the Township Engineer, who shall notify the Planning Board of the nature and reason for the change.
If at any time the Township Engineer finds existing conditions not as stated in the applicant's approved plan, the Planning Board or its designated agent shall, by certified nail, return receipt requested, order cessation of all work and seek to enjoin the violation or take such steps looking to the enforcement of the plan as may be lawful.
In the preparation of a surface water management plan, the following general principles shall be adhered to:
A. 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 condition, as defined by Soil Conservation Service standards, or previous cover, whichever produces the least amount of runoff.
B. 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, floodplains, as well as any proposed retention structures.
C. Whenever practicable and when permitted by the Zoning Ordinance, cluster development should be used if it will reduce the total area of impervious surfaces and preserve the open space and topographic features critical to surface water management.
D. Evaluation shall be made of the nature of the subwatershed(s) of which the site is a part, the receiving stream channel capacities and point of concentration structure as shown on the Base Map Showing Roads, Streams, Culverts and Bridges, Clinton Township, and Appendix B of the Regional Stormwater Management Study and Plan.
E. Surface water runoff shall generally not be transferred from one watershed to another.
F. The plan shall coordinate with the soil erosion and sediment control plan and, where applicable, relate to other environmental protection ordinances in force.
G. 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.
H. Reestablishing 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, latest edition.
I. Timing for the plan shall establish permanent surface water management measures prior to construction or other land disturbance, including seeding and establishing sod in grass waterways.
For engineering review by the Township Engineer, the following standards shall apply:
A. Developments. [Added 12-14-2005 by Ord. No. 903-05]
(1) Exempt developments. Any project meeting the definition of "exempt development" shall be exempt from the provisions of this section..
(2) Minor developments. Minor developments shall be designed to include the following stormwater management measures:
(a) Water quality. Soil erosion and sediment control measures shall be installed in accordance with the Standards for Soil Erosion and Sediment Control in New Jersey.
(b) Rate/volume control. Seepage pits or other infiltration measures shall be provided with a capacity of three inches of runoff for each square foot of new impervious area. Stone used in the infiltration devices shall be two-and-one-half-inch clean stone and a design void ratio of 33% shall be used. The infiltration measures shall be designed with an overflow to the surface which shall be stabilized and directed to an existing stormwater conveyance system or in a manner to keep the overflow on the developed property to the greatest extent feasible. If the new impervious surface is not roof area, an equivalent area of existing roof may be directed to the infiltration system. This shall be permitted where the existing roof is not already directed to infiltration devices.
(3) Major developments. All major developments shall have their stormwater management designed in accordance with the Residential Site Improvement Standards (RSIS, N.J.A.C. 5:21) and the NJDEP Stormwater Rule (N.J.A.C. 7:8). These standards shall apply to all projects, residential and nonresidential.
B. All outfalls are to be designed in a manner to retard velocities at the outfall and provide stream channel protection.
C. When a natural drainage pattern is necessarily intercepted, as by a street, this shall be considered.
D. All structures and land treatment practices shall conform to Standards and Specifications for Soil Erosion and Sediment Control in New Jersey, latest edition, adopted by the Hunterdon County Soil Conservation District.
E. All water-carrying structures and/or retention areas shall be completed and stabilized prior to diversion of water to them.
F. Prior to developing a surface water management plan, there shall be an inventory of the site showing all existing natural and man-made drainage-related features as listed in § 165-232 (berms, terraces, grass waterways, favorable hydrologic soils, poorly drained soils, swamps, swales, watercourses, woodlands, floodplains). These shall be incorporated in the plan to the greatest possible extent in accordance with their functional capability.
G. Drainageways and watercourses which normally carry or receive surface water runoff shall not be overloaded with increased runoff, sediment or other pollution resulting from disturbance of soil and vegetation or incident to development, construction or other activity.
H. 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 as shown on the map, Watersheds Overlay, of the Regional Stormwater Management Study and Plan or Map No. 9 of the Clinton Township Natural Resource Inventory.
I. Surface water runoff controls shall be designed to assure that the land in question uses no more than its proportionate watershed share of the natural stream and culvert capacity as set forth in tables, Appendix C, Regional Stormwater Management Study and Plan, or as ascertained by field measurements.
J. Innovative surface water runoff control and recharge devices may be proposed, such as rooftop storage, dry wells, cisterns, roof drain infiltration trenches, provided they are accompanied by detailed engineering plans and performance capabilities.
A. The applicant shall submit to the Planning Board a separate surface water management plan for any proposed lot, subdivision, cluster development, site plan review, special exception, zoning variance or any land disturbance activity except as exempted in §§ 165-227 and 165-228. This plan shall be coordinated with the soil erosion and sediment control plan required by the Soil Erosion and Sediment Control Ordinance.
B. Such plan shall contain:
(1) Lot and block numbers of the site as shown on the current Tax Map of the Township.
(2) Name and address of the owner of the land.
(3) Size of subwatershed and location of the site within the subwatershed(s) as shown on the map, Watersheds Overlay, of the Regional Stormwater Management Study and Plan or Map No. 9 of the Clinton Township Natural Resource Inventory.
(4) Location, description and quantification of significant natural and man-made features on and surrounding the site, including topography, all impervious surfaces, soil and drainage characteristics, with particular attention to the location and description of presently existing surface water runoff control devices, mechanisms or areas, swamps, floodplains, swales, woods and vegetation, steep slopes and other features critical to the purposes of this chapter.
(5) Size of nearest culvert or bridge downstream of discharge area, profiles and cross section of stream channel upstream of that structure as inventoried on the Base Map Showing Roads, Streams, Culverts and Bridges, Clinton Township, and Appendix B of the Regional Stormwater Management Study and Plan, 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 Township Engineer.
(6) Location, description and quantification of proposed changes to the site, whether of a permanent or temporary nature, with particular attention to impervious surfaces and interception of presently dispersed flow which may impact upon the capacity of the soil, vegetative cover and drainageways to absorb, retard, contain or control surface water runoff.
(7) Designation of critical or other areas to be left undisturbed, shown in sufficient detail to be accurately marked on the land.
(8) Computation of the total surface water runoff before, during and after the disturbance of land and/or construction of impervious surfaces.
(9) Proposed measures for surface water management.
(10) A schedule of the sequence of installation of the surface water management plan, related to the starting and completion dates of the project.
(11) Proposed maintenance schedule for all surface water management structures, stipulating current maintenance, continued maintenance and responsibility for same.
(12) All proposed revisions of required data as well as such additional data as the Planning Board may require.
Surface water management plans shall be reviewed by the Planning Board with the advice and assistance of the Township Engineer, the Soil Conservation District and the Environmental Commission. The Planning Board's consideration of applications shall be guided by but not limited to the following factors:
A. The suitability of the applicant's proposed surface water management measures, devices and planning techniques, whether involving on-site or off-site measures or some combination thereof in respect to the total surface water runoff, velocities and rates of discharge which the applicant's proposed construction or land disturbance may generate.
B. Existing topography, present vegetation and hydrologic soil factors as shown on the map, Hydrologic Soils, USDA Soil Conservation Service, of the Regional Stormwater Management Study and Plan or Map No. 7 of the Clinton Township Natural Resource Inventory series, subject to field verification.
C. Groundwater recharge and discharge areas and wet soils as shown on the map, Alluvial, Poorly Drained and Somewhat Poorly Drained Soils, USDA Soil Conservation Service, of the Regional Stormwater Management Study and Plan, subject to field verification.
D. Seasonal high groundwater table as shown on Map No. 4 of the Clinton Township Natural Resource Inventory series.
E. The design storm.
F. Natural drainage flow and pattern throughout the subwatershed(s) affected by the plan.
G. Land uses in both the immediate vicinity and the surrounding drainage region.
H. Any other applicable or relevant environmental and resource protection ordinances, statutes and regulations.
The Planning Board shall approve the surface water management plan and issue the necessary permit only after it determines that the proposed land disturbance or construction will generate no surface water runoff that will not be managed in accordance with the standards of this article.
If the proposed land disturbance or construction will generate surface water runoff which will not be managed in accordance with the standards of this article and which will be detrimental to the public health, safety and general welfare in light of the paramount public interest in the prevention of conditions which may result in surface water runoff damage and environmental degradation, the Board shall deny the permit and shall clearly and concisely state the reasons.
[Amended by Ord. No. 644-98]
A. Limit of contract. Critical impact areas and other areas to be left undisturbed shall be physically marked with survey stakes or protected with temporary snow fence prior to any land disturbance.
B. Timing. The Planning Board shall require the construction and/or installation of surface water management improvements in accordance with the schedule of sequence of installation as approved.
C. Bonding. The Planning Board shall provide for the posting of performance guaranties and maintenance bonds when necessary.
D. Inspection.
(1) The applicant shall bear full and final responsibility for the installation and construction of all required surface water runoff control measures according to the provisions of his/her approved plan and this article. The Township Engineer shall inspect the site during its preparation and development and certify that all surface water management measures have been constructed in accordance with the provisions of the applicant's approved plan under this article.
(2) During the 12 months subsequent to the date of completion, the Engineer periodically shall inspect the site to ascertain that the provisions of the applicant's approved plan are complied with, including limit of contract for areas to be left undisturbed. The Engineer shall give the applicant, upon request, a certificate indicating the date on which the required measures were completed and/or accepted.
(3) No inspection shall be undertaken unless the Chief Financial Officer shall have first certified the availability of funds in an amount not less than $300.
E. Review fees and inspection fees. For the review and inspection required by this section, the fees that must be paid to the Planning Board Clerk are as follows:
(1) Review fee for a single lot is $200.
(2) Inspection fee for a single lot is $500.
F. Maintenance.
(1) At the time of approval of the plan, responsibility for continued maintenance of surface water runoff control structures and measures shall be stipulated and properly recorded.
(2) The Township shall retain the right to enter and make repairs and irnproveinents where necessary to ensure that all control measures as well as areas dedicated to surface water retention or groundwater recharge are adequately maintained and preserved. The Township may charge the property owner for the costs of these services if such maintenance is his/her responsibility.
G. Issuance of certificate of occupancy. No certificate of occupancy shall issue unless and until the surface water management plan has been reviewed, the improvements made in accordance with the plan, and the inspection has been certified by the Township Engineer.
A. Any person violating any of the provisions of this article shall, upon conviction thereof, be liable to the penalty stated in Chapter 1, § 1-17 and any costs of correcting the violation.
B. Continued violation or violations not corrected within 14 days of receipt of written notice shall be liable to additional penalties for each day of such continuing violation.
C. The Planning Board may extend the designated time of correction due to adverse weather conditions.
[Amended 12-14-2005 by Ord. No. 903-05]
The appeal of the determination of the review agency shall be made in accordance with N.J.S.A. 40:55D-70a.
It is hereby found that the Rockaway and South Rockaway Creeks, the South Branch Raritan River and their tributary watercourses in Clinton Township are subject to recurring flooding, that such flooding damages and endangers life and public and private property and facilities, that this condition is aggravated by developments and encroachments in the floodplain and that the appropriate method of alleviating such condition is through regulation of such developments and encroachments. It is therefore determined that the special and paramount public interest in the floodplain justifies the regulation of property located therein as provided in this section, which is the exercise of the Police power of the Township, for the protectionof the persons and property of its inhabitants and for the preservation of the public health, safety and general welfare.
A. This article consists of this text and those certain maps and reports entitled "State of New Jersey, Department of Environmental Protection, Division of Water Resources, Flood Hazard Report No. 11, South Branch of the Raritan and Report No. 9, Rockaway and South Branch of the Rockaway," prepared by Anderson Nichols and Company, Boston, Massachusetts, each showing the plan and profile of a portion of the South Branch Raritan, Rockaway and South Branch Rockaway and the floodway and flood hazard area adjacent thereto. This section specifically includes the portions of the reports pertaining to watercourses within Clinton Township. The reports are on file in the offices of the Township Clerk and the Construction Official and are hereby incorporated into this article by reference as though fully set forth in this text. This article shall consist of this text and the said flood hazard reports, together with official revisions, amendments and large-scale maps showing floodway and flood hazard areas along watercourses as may be approved from time to time, provided that such additional documents are in agreement with the floodplain criteria and further approved by the State of New Jersey, Department of Environmental Protection, Division of Water Resources, or its successor agency.
B. This article shall also incorporate by reference hereto maps defining additional areas of potential flooding for those watercourses in Clinton Township not surveyed in the report entitled "State of New Jersey, Department of Environmental Protection, Division of Water Resources, Flood Hazard Report No. 9, Rockaway and South Rockaway and Report No. 11, South Branch Raritan," but found in the report entitled "United States Department of Agriculture Soil Conservation Service, Soil Survey of Clinton Township, Hunterdon County, New Jersey, in which floodplain soils and terrace soils are defined and delineated in agreement with floodplain criteria approved by the United States Department of Agriculture. The floodplain soils in such report shall be treated as floodwys; and the floodplain soils and the terrace soils in such report shall be treated as flood hazard areas, as hereinafter defined. This article shall also incorporate by reference any maps prepared by the Corps of Engineers in connection with any application for flood insurance.
As used in this article, the following terms shall have the meanings indicated:
CHANNEL - The bed and banks of watercourses in Clinton Township which confine and convey continuously or intermittently flowing water.
DESIGN FLOOD (floodway or flood hazard area) - The relative size or magnitude of a flood, expressed as a design discharge in cubic feet per second, which is developed from hydrologic criteria, represents a major flood of reasonable expectancy, reflects both flood experience and flood potential and is the basis of the delineation of the floodway and the flood hazard area and of the water surface elevations thereof.
DESIGN FLOOD PROFILE (floodway or flood hazard areas) - The elevations of the water surface of the floodway design flood and the flood hazard area design flood as shown on the flnnrt man
DEVELOPMENT PLANS - Subdivision plats, site plans or any other change in the physical environment affecting flood control.
FLOOD HAZARD AREA - The floodway and additional portions of the floodplain that are subject to flood flow at lesser depths and lower velocities than the floodway, that are inundated by the flood hazard area design flood and that are delineated on the flood maps as flood hazard area in the Township of Clinton.
FLOOD MAPS - The maps identified in § 165-242.
FLOODPLAIN - The relatively flat area adjoining the channel which has been or may be hereafter covered by floodwater of the stream.
FLOODWAY - The channel and portions of the adjacent floodplain that carry the greater part of flood flow at greater depths and velocities than do the other parts of the floodplain, that constitute the minimum area required for the passage of flood flows without aggravating flood conditions upstream and downstream, that are necessary to preserve the natural regimen of the stream for the reasonable passage of the floodway design flood and that are delineated on the flood maps as floodway in the Township of Clinton.
STRUCTURE - Any assembly of materials above or below the surface of land or water, including but not limited to buildings, fences, dams, fills, dikes, embankments, docks, landings, obstructions, pipelines, causeways, culverts, roads, railroads, bridges and the facilities of any utility or governmental agency. Living trees or other vegetation shall not be considered to be structures.
