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

Maintenance and repair.

  1. Applicability. Projects subject to review as provided in § 577-1C of this chapter shall comply with the requirements of Subsections B and C of this section.
  2. General maintenance.

(1) The design engineer shall prepare a maintenance plan for the stormwater management measures incorporated into the design of a major development.

(2) The maintenance plan shall contain specific preventative maintenance tasks and schedules; cost estimates, including estimated cost of sediment, debris or trash removal; and the name, address and telephone number of the person or persons responsible for preventative and corrective maintenance (including replacement). Maintenance guidelines for stormwater management measures are available in the New Jersey Stormwater Best Management Practices Manual. If the maintenance plan identifies a person other than the developer (for example, a public agency or homeowners' association) as having the responsibility for maintenance, the plan shall include documentation of such person's agreement to assume this responsibility or of the developer's obligation to dedicate a stormwater management facility to such person under an applicable ordinance or regulation.

(3) Responsibility for maintenance shall not be assigned or transferred to the owner or tenant of an individual property in a residential development or project unless such owner or tenant owns or leases the entire residential development or project.

(4) If the person responsible for maintenance identified under Subsection B(2) above is not a public agency, the maintenance plan and any future revisions based on Subsection B(7) below shall be recorded upon the deed of record for each property on which the maintenance described in the maintenance plan must be undertaken.

(5) Preventative and corrective maintenance shall be performed to maintain the function of the stormwater management measure, including repairs or replacement to the structure; removal of sediment, debris or trash; restoration of eroded areas; snow and ice removal; fence repair or replacement; restoration of vegetation; and repair or replacement of nonvegetated linings.

(6) The person responsible for maintenance identified under Subsection B(2) above shall maintain a detailed log of all preventative and corrective maintenance for the structural stormwater management measures incorporated into the design of the development, including a record of all inspections and copies of all maintenance-related work orders.

(7) The person responsible for maintenance identified under Subsection B(2) above shall evaluate the effectiveness of the maintenance plan at least once per year and adjust the plan and the deed as needed.

(8) The person responsible for maintenance identified under Subsection B(2) above shall submit an annual inspection report prepared by a professional engineer licensed in New Jersey or a New Jersey certified stormwater inspector to the Township of Hamilton Department of Community Planning and Compliance, Division of Engineering, by June 30 of each year. The inspection report and log shall include and not be limited to:

[Amended 12-18-2018 by Ord. No. 18-064[1]]

(a) Detention basin outflow structures, escape provision as outlined in R.S.I.S. 7:8-6.2 and all components;

(b) Vegetation;

(c) Trash racks and overflow grates;

(d) Embankment erosion; and

(e) Sediment removal and pond maintenance.

[1] Editor's Note: This ordinance also renumbered former Subsection D(9) and (10), which immediately followed this subsection, as Subsection D(13) and (14).

(9) The owner of the stormwater management measure shall complete minor repairs of facility within 14 days from notice of maintenance issues.

[Added 12-18-2018 by Ord. No. 18-064]

(10) Each act or violation, and every day upon which any violation shall occur or continues to occur, shall constitute a separate offense.

[Added 12-18-2018 by Ord. No. 18-064]

(11) Failure to provide annual maintenance records: $100.

[Added 12-18-2018 by Ord. No. 18-064]

(12) Notwithstanding the penalties set forth in § 577-11, any person who has not complied with this section and who, after notice, refuses to implement and maintain soil erosion control and stormwater runoff control measures and facilities in conformance with these regulations shall be subject to a fine of not more than $1,000 or 90 days in jail, or both, plus the cost of prosecution.

[Added 12-18-2018 by Ord. No. 18-064]

(13) The requirements of Subsection B(3) and (4) do not apply to stormwater management facilities that are dedicated to and accepted by the municipality or another governmental agency. In all other cases where the Township does not take responsibility for repair and maintenance of any stormwater management resources, the applicant shall post a two-year maintenance guarantee in accordance with N.J.S.A. 40:55D-53.

(14) In the event that the stormwater management facility becomes a danger to public safety or public health or if it is in need of maintenance or repair, the municipality shall so notify the responsible person in writing. Upon receipt of that notice, the responsible person shall have 14 days to effect maintenance and repair of the facility in a manner that is approved by the municipal Engineer or his designee. The municipality, in its discretion, may extend the time allowed for effecting maintenance and repair for good cause. If the responsible person fails or refuses to perform such maintenance and repair, the municipality may immediately proceed to do so and shall bill the cost thereof to the responsible person.

    1. Nothing in this section shall preclude the Township from requiring the posting of a performance or maintenance guarantee in accordance with N.J.S.A. 40:55D-53.

Violations and penalties.

Any person who erects, constructs, alters, repairs, converts, maintains or uses any building, structure or land in violation of this chapter shall be subject to penalties prescribed by the Township with consideration to this chapter, including any penalties contained in the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.; the Stormwater Management Rules, N.J.A.C. 7:8-1.1 et seq.; and/or Chapter 1, General Provisions, § 1-2, Violations; penalties, of the Code of the Township of Hamilton.

Link

Hamilton Stormwater Ordinance