Township of Hamilton
The Township of Hamilton has enacted Stormwater Ordinances in order to comply with state and federal regulations. The Township of Hamilton is the permitting authority for all land disturbing activities and requires the land owner to maintain all on-site stormwater control facilities and all open space areas (e.g. parks or “green” areas) required by the approved stormwater control plan. The Township of Hamilton will only provide construction permits to projects that establish a plan to manage stormwater runoff occurring during the construction process. The Township of Hamilton, under the NPDES program, also has the authority to inspect properties for noncompliance and can issue a notice of violation (NOV) for any deficiency or infraction onsite. Property owners are responsible for the maintenance of any stormwater facilities or practices located on the property. The Township of Hamilton has the authority to inspect stormwater facilities and practices in order to ascertain that they properly maintained and functioning.
Expert from Stormwater Ordinance
550-113 Stormwater Management
B. General standards. Each site shall take into consideration the general and specific concerns of the Township, county and state on the environment and flood control. To this end, a stormwater management system shall be designed and installed for the development and shall satisfy the following:
- The system shall be adequate to carry off or store the stormwater and natural drainage water which originates not only within the lot or tract boundaries but also that which originates beyond the lot or tract boundaries. No stormwater runoff or natural drainage water shall be so diverted as to overload existing drainage systems or create flooding or increase erosion or cause the need for additional drainage structures on other private properties or public lands without proper and approved provisions being made for management of these conditions.
- Wherever possible, all lots shall be designed to provide positive drainage to the roadway fronting the same. Where this is impossible, the disposal of storm drainage through adjacent properties shall be through easement areas.
- Drainage structures which are proposed to be located on state or county highway rights-of-way shall be approved by the state or county highway engineer's office. Any drainage structures within wetlands or resulting in stream encroachments shall be submitted to the New Jersey Department of Environmental Protection, and a letter from that office shall be directed to the administrative officer prior to final approval or any construction.
- Where a lot or tract is traversed by a watercourse, surface or underground drainageway or drainage system, channel or stream, there shall be provided and dedicated a drainage easement to the Township. This easement shall substantially conform to the lines of such watercourse and be of such width as will be adequate to accommodate expected stormwater runoff in the future.
C. Design Criteria. The stormwater management system design shall contain features tro provide for the following:
- Water Quality Control
- Flood Mitigation
- Detention Facilities
- Outlet Devices
- Emergency Spillways
- Uncontrolled Runoff
E. Maintenance and Repair
- Unless assumed by a governmental agency, responsibility for the operation and maintenance of stormwater management facilities shall remain with the owner or owners of the property with permanent deed provisions requiring that it shall pass to any successive owner or operator of the site. The operation and maintenance of detention facilities shall include but not be limited to the periodic removal and disposal of accumulated particulate material and debris.
- If portions of the land are to be sold, legally binding arrangements shall be made to pass the basic responsibility to successors in title. These arrangements shall designate for each project the property owner, governmental agency or other legally established entity to be permanently responsible for maintenance.
- Prior to granting final approval to any project subject to review under this section, the applicant or responsible party shall enter into an agreement with a government agency or a legally established entity to ensure the continued operation and maintenance of the stormwater management facility. The responsible party may be but is not limited to a homeowners' association if the property is subdivided and sold separately. This agreement shall be in a form satisfactory to the Township and may include but may not necessarily be limited to personal responsibility, covenants and bonds. Penalties for noncompliance with the maintenance requirements shall be part of the agreement.
- An easement shall be executed with the governmental agency or other entity to ensure the continued operation and maintenance of the stormwater management facility. If the responsible party fails to maintain the stormwater management facility, the governmental agency or entity shall perform the maintenance, charge the owner and place a lien upon the property of the owner until such charges are satisfied.
- The applicant or owner shall submit an as-built plan of the basin and its outlet structure after construction to ensure proper volume and outlet structure construction
Hamilton Stormwater Ordinance