[HISTORY: Adopted by the Township Committee of the Township of East Amwell 5-25-1978 by Ord. No. 78-6. Amendments noted where applicable.]
This chapter shall be known as the "East Amwell Township Soil Erosion and Sediment Control Ordinance."
The purpose of this chapter shall be the control of soil erosion and sediment damages and related environmental damage by requiring adequate provisions for surface water retention and drainage and for the protection of exposed soil surfaces in order to reduce the danger from stormwater runoff, to retard nonpoint pollution from sediment and to conserve and protect the land, water, air and other environmental resources and to promote the safety, public health, convenience and general welfare of the community.
For the purpose of this chapter certain rules of word usage apply to the text as follows:
Words used in the present tense include the future tense; and the singular includes the plural, unless the context clearly indicates the contrary.
The term "shall" is always mandatory and not discretionary; the word "may" is permissive.
The word or term not interpreted or defined by this section shall be used with a meaning of common or standard utilization.
The following definitions shall apply in the interpretation and enforcement of this chapter, unless otherwise specifically stated:
- A person, partnership, corporation or public agency requesting permission to engage in land disturbance activity.
- BLUE-LINE STREAM
- A stream which is shown by a blue line or a dotted blue line on the
applicable United States Geological Survey seven-and-one-half-minute quadrangle
map, to the length so shown on such map.[Added 5-12-1994 by Ord. No. 94-05]
- CRITICAL AREA
- A sediment-producing highly erodible or severely eroded area.
- Detachment and movement of soil or rock fragments by water, wind, ice and gravity.
- EROSION AND SEDIMENT CONTROL PLAN
- A plan which fully indicates necessary land treatment measures, including a schedule of the timing for their installation, which will effectively control soil erosion and sedimentation. Such measures shall be equivalent to or exceed standards promulgated by the New Jersey Soil Conservation Committee and administered by the Hunterdon County Soil Conservation District.
- EXCAVATION or CUT
- Any act by which soil or rock is cut into, dug, quarried, uncovered, removed, displaced or relocated.
- FARM CONSERVATION PLAN
- A plan which provides for use of land, within its capabilities and treatment, within practical limits, according to a chosen use to prevent further deterioration of soil and water resources.
- Any ground, soil, or earth including marshes, swamps, drainageways and areas not permanently covered by water within the municipality.
- LAND DISTURBANCE
- Any activity involving the clearing, excavating, storing, grading, transporting, filling and any other activity which causes land to be exposed to the danger of erosion.
- The application of plant residue or other suitable materials to the land surface to conserve moisture, hold soil in place, and aid in establishing plant cover.
- A certificate issued to perform work under this chapter.
- PROJECT [Added 5-12-1994 by Ord. No. 94-05]
- Any disturbance of more than 5,000 square feet of the surface area of land:
- A. For the accommodation of construction for which the State Uniform Construction Code would require a construction permit, except that the construction of a single-family dwelling unit shall not be deemed a "project" under this chapter unless such unit is either:
- (1) Part of a proposed subdivision, site plan, conditional use, zoning variance, planned development or construction permit application involving two or more such single-family dwelling units; or
- (2) Such disturbance is within 100 feet of a blue-line stream and/or the slope of any of the area of the disturbance is 10% or greater; or
- B. For the demolition of one or more structures; or
- C. For the construction of a parking lot; or
- D. For the construction of a public facility (as defined in the Soil Erosion and Sediment Control Act (N.J.S.A. 4:24-39 et seq.); or
- E. For the operation of any mining or quarrying activity; or
- F. For the clearing or grading of any land for other than agricultural or horticultural purposes.
- Solid material, both mineral and organic, that is in suspension, is being transported, or has been moved from its site of origin or has been deposited by air, water or gravity as a product of erosion.
- SEDIMENT BASIN
- A barrier or dam built at suitable locations to retain rock, sand gravel, silt or other material.
- Any plot, parcel or parcels of land.
- All unconsolidated mineral and organic material of any origin.
- SOIL CONSERVATION DISTRICT
- A governmental subdivision of this state, which encompasses this municipality, organized in accordance with the provisions of Chapter 24, Title 4, of the Revised Statutes (N.J.S.A. 4:24-39 et seq.).
- Standards for Soil Erosion and Sediment Control in New Jersey as promulgated by the State Soil Conservation Committee.
- STATE SOIL CONSERVATION COMMITTEE
- An agency of the state established in accordance with the provisions of Chapter 24, Title 4, of the Revised Statutes (N.J.S.A. 4:24-39 et seq.).
- Any activity which significantly disturbs vegetated or otherwise stabilized soil surface, including clearing and grubbing operations.
[Amended 9-28-1978 by Ord. No. 78-12; 5-12-1994 by Ord. No. 94-05]
No land area within this municipality shall be disturbed by any person, partnership, corporation, municipal corporation or other public agency for a project (as defined in this chapter) unless the applicant has submitted to the Hunterdon County Soil Conservation District a plan to provide for soil erosion and sediment control for such land area in accordance with the Standards for Erosion and Sediment Control promulgated by the New Jersey State Soil Conservation Committee and such plan has been certified by the Hunterdon County Soil Conservation District, and a valid land disturbance permit has been issued by the Construction Official of this municipality based on the review of the Hunterdon County Soil Conservation District, except as exempted by § 117-14 of this chapter.
The applicant shall submit a separate soil erosion and sediment control plan for each noncontiguous site. The plan shall conform to standards set forth in "Standards for Erosion and Sediment Control" promulgated by the New Jersey State Soil Conservation Committee. Plan preparation may be by a professional engineer licensed in the State of New Jersey or other qualified individual. The applicant may consult with the Hunterdon County Soil Conservation District in selecting appropriate control measures. Such plan shall contain:
Location and description of existing natural and man-made features on and within 200 feet surrounding the site, including general topography and soil characteristics and a copy of the Hunterdon County soil survey.
Location and description of proposed changes to the site, including contours and spot elevations showing "before" and "after" conditions.
Measures for soil erosion and sediment control which must meet or exceed Standards for Soil Erosion and Sediment Control promulgated by the State Soil Conservation Committee. Standards shall be on file at the offices of the Hunterdon County Soil Conservation District and with the Municipal Clerk.
A schedule of the sequence of installation of planned erosion and sediment control measures as related to the progress of the project, including anticipated starting and completion dates.
All proposed revisions of data required shall be submitted for approval.
Soil erosion and sediment control plans shall be reviewed and certified by the Hunterdon County Soil Conservation District when in conformance with the Standard for Erosion and Sediment Control. The applicant shall be provided with written notice within 30 days of submission of a complete plan unless, by mutual agreement in writing between the District and the applicant, this period is extended an additional 30 days. Failure of the District to make a decision within such period or such extension thereof shall constitute certification. Notification shall state that:
The plan was approved; or
The plan was approved subject to conditions attached; or
The plan was denied approval with reasons for denial included. A copy of the District's decision including name of applicant, site location by street address and Tax Map lot and block number and proposed land use shall be sent to the East Amwell Township Planning Board.
Control measures shall apply to all aspects of the proposed land disturbance and shall be in operation during all stages of the disturbance activity. The following principles shall apply to the soil erosion and sediment control plan:
Stripping of vegetation, grading or other soil disturbance shall be done in a manner which will minimize soil erosion.
Whenever feasible, natural vegetation shall be retained and protected.
The extent of the disturbed area and the duration of its exposure shall be kept within practical limits.
Either temporary seeding, mulching or other suitable stabilization measures shall be used to protect exposed critical areas during construction or other land disturbance.
Drainage provisions shall accommodate increased runoff, resulting from modified soil and surface conditions, during and after development or disturbance. Such provisions shall be in addition to all existing requirements.
Water runoff shall be minimized and retained on site wherever possible to facilitate groundwater recharge.
Sediment shall be retained on site to the maximum extent feasible.
Diversions, sediment basins, and similar required structures shall be installed prior to any on-site grading or disturbance.
All necessary soil erosion and sediment control measures installed under this chapter shall be adequately maintained for one year after completion of the certified plan or until such measures are permanently stabilized as determined by the Hunterdon County Soil Conservation District. The District shall give the applicant upon request a certificate indicating the date on which the measures called for in the certified plan were completed.
[Amended 9-28-1978 by Ord. No. 78-12]
Before the permit is issued, the applicant shall file with the Municipal Clerk a bond in cash. The amount of the bond shall be determined by the Township Committee based upon a review and approval of an estimate of quantities and costs to complete the work prepared by the applicant. In no event shall it be less than $100. The bond shall be conditioned as follows:
That the applicant shall complete the work authorized by the permit in conformity with the terms of the permit and the provisions of this chapter on or before the date of completion set forth in the application.
That the applicant shall repair any public street, structures or land which may be damaged as a result of the work authorized by the permit.
That the applicant shall maintain the soil erosion control plan for one year after completion of a permanent improvement or for the life of a temporary improvement.
Fees shall be as established by the Hunterdon County Soil Conservation District for review and certification of plans.
If any person violates any of the provisions of this chapter, any standard promulgated pursuant to the provisions of this chapter, or fails to comply with the provisions of a certified plan, the municipality may institute a civil action in the Superior Court for injunctive relief to prohibit and prevent such violation or violations, and said Court may proceed in a summary manner. Any person who violates any of the provisions of this chapter, any standard promulgated pursuant to this chapter or fails to comply with the provisions of a certified plan shall be liable to a penalty of not less than $25 nor more than $3,000 to be collected in a summary proceeding pursuant to the Penalty Enforcement Law (N.J.S.A. 2A:58-1 et seq.). The Municipal Court shall have jurisdiction to enforce said Penalty Enforcement Law. If the violation is of a continuing nature, each day during which it continued shall constitute an additional separate and distinct offense.
If any person violates any of the provisions of this chapter, any standard adopted pursuant to the provisions of this chapter, or fails to comply with the provisions of an approved plan for soil erosion and sediment control, the Hunterdon County Soil Conservation District may institute a civil action in the Superior Court or injunctive relief to prohibit or prevent such violation or violations, and said Court may proceed in a summary matter as permitted so to do by law.
[Amended 5-12-1994 by Ord. No. 94-05]
The following activities are specifically exempt from this chapter:
Use of land for gardening primarily for home consumption.
Agricultural use of lands when operated in accordance with a farm conservation plan approved by the Hunterdon County Soil Conservation District or in accordance with best management practices as described by HCSCD.
[Amended 6-22-1995 by Ord. No. 95-08]
Projects proposed by the New Jersey Department of Transportation, which, however, shall be certified pursuant to N.J.S.A. 4:24-43.
The requirements of this chapter shall be enforced by the Hunterdon County Soil Conservation District who shall also inspect or require adequate inspection of the work. If the inspector finds existing conditions not as stated in the applicant's erosion and sediment control plan, he shall refuse to approve further work and shall require necessary erosion and sediment control measures to be promptly installed and shall seek other penalties as provided in § 117-13E.
The applicant shall be required to have the approved soil erosion and sediment control plan on site during construction. The municipality may issue a stop-construction order if a project is not being executed in accordance with a certified plan. No certificate of occupancy for a project shall be issued unless there has been compliance with the provisions of the certified plan for permanent measures to control soil erosion and sedimentation. A formal report of such compliance must be filed with the municipal agent authorized to issue certificates of occupancy. A copy of this report shall be sent to the Hunterdon County Soil Conservation District.
[Amended 12-28-1978 by Ord. No. 78-19]
Appeals from the Hunterdon County Soil Conservation District decisions under this chapter may be made to the municipal 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. The municipal governing body may thereafter reserve, modify, or affirm the aforesaid decision.