This chapter shall be know as the "Township
of Long Beach Municipal Soil Erosion and Sediment Control Chapter."
The purpose of this chapter is to control 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 promote the safety,
public health, convenience and general welfare of the community.
The following definitions shall apply in the
interpretation and enforcement of this chapter, unless otherwise specifically
stated.
APPLICANT
A person requesting permission to engage in land disturbance
activity.
CRITICAL AREA
A sediment-producing, highly erodible or severely eroded
area.
EROSION
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 minimize soil erosion and sedimentation. Such measures
shall be in accordance with standards as adopted by the State Soil
Conservation Committee.
EXCAVATION OR CUT
Any act by which soil or rock is cut into, dug, quarried,
uncovered, removed, displaced or relocated.
LAND
Any ground, soil, or earth including marshes, swamps, drainageways
and areas not permanently covered by water within the township.
LAND DISTURBANCE
Any activity involving the clearing, grading, transporting,
filling and any other activity which causes land to be exposed to
the danger of erosion.
LOT
A plot of land containing not less than the minimum land area as prescribed in each of the zones as set forth in Chapter
205 of this revision.
MULCHING
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.
PERMIT
A certificate issued to perform work under this chapter.
SEDIMENT
Solid material, both mineral and organic, that is in suspension,
is being transported, or has been moved from its site of origin 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.
SITE
Any plot, parcel or parcels of land.
SOIL
All unconsolidated mineral and organic material of any origin.
SOIL CONSERVATION DISTRICT
A governmental subdivision of this state, which encompasses
this Township, organized in accordance with the provisions of N.J.S.A.
4:24.
STANDARDS
The standard promulgated by the State Soil Conservation Committee
in the Department of Agriculture as such standards are promulgated
pursuant to the provisions of N.J.S.A. 4:24-39 et seq.
STRIPPING
Any activity which significantly disturbs vegetated or otherwise
stabilized surfaces including clearing and grubbing operations.
No land area shall be disturbed by any person within this township unless the applicant has submitted to the building inspector a plan to provide for soil erosion and sediment control for such land area in accordance with the "Standards for Erosion and Sediment Control" adopted by the New Jersey State Soil Conservation Committee. The plan shall have first been approved and a valid land disturbance permit issued by the building inspector except as exempted by §
166-12.
The applicant shall submit a separate soil erosion
and sediment control plan for each noncontiguous site. The applicant
may consult with the Ocean County Soil Conservation District in the
selection of appropriate erosion and sediment control measures and
the development of the plan. The plan shall contain:
A. Location and description of proposed and existing
natural and man-made features on and surrounding the site including
general topography with one foot contour in M.S.L. datum and a copy
of the soil conservation district survey (where available).
B. Location and description of proposed changes to the
site.
C. Measures for soil erosion and sediment control which
must meet "Standards for Soil Erosion and Sediment Control," adopted
by the State Soil Conservation Committee, copies of which are on file
with the Building Inspector.
D. 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.
E. All proposed revisions of data required shall be submitted
for approval.
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.
A. Stripping of vegetation, grading or other soil disturbance
shall be done in a manner which will minimize soil erosion.
B. Whenever feasible, natural vegetation shall be retained
and protected.
C. The extent of the disturbed area and the duration
of its exposure shall be kept within practical limits.
D. Either temporary seeding, mulching or other suitable
stabilization measures shall be used to protect exposed critical areas
during construction or other land disturbance.
E. Drainage provisions shall accommodate increased runoff
resulting from modified soil surface conditions during and after development
or disturbance. Such provisions shall be in addition to all existing
requirements and in agreement with proposed county drainage.
F. Water runoff shall be minimized to the maximum extent
feasible.
G. 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 the provisions of this chapter shall be adequately
maintained for two years after completion of the approved plan or
until such measures are sooner permanently stabilized as determined
by the Township Engineer. The Township Engineer shall give the applicant,
upon request, a certificate indicating the date on which the measures
called for in the approved plans were completed.
[Added 2-4-2019 by Ord.
No. 19-02C]
The permitted and required guarantees and regulations relating thereto are set forth in Chapter
103.
[Amended 1-23-2009 by Ord. No. 09-02C]
The applicant shall pay to the Township at the
time an application for soil erosion and sediment control is submitted
a fee in the amount of $400 per lot.
Any person who violates any provision of this
chapter or fails to comply with the provisions of the 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
laws of the State of New Jersey. (N.J.S.A. 2A:58-I et seq.). The Superior
Court, County Court, County District Court and Municipal Court shall
have jurisdiction to enforce said penalty enforcement law. If the
violation is of a continuing nature, each day during which it continues
shall constitute an additional and separate offense.
The following activities are specifically exempted
from this chapter.
A. Land disturbances associated with construction activities
upon lots which have obtained prior final subdivision approval and
conform to all requirements of the land subdivision and zoning chapters of this revision together with any amendments thereto.
B. Use of land primarily for home gardening.
The requirements of this chapter shall be enforced by the Township Engineer who shall also inspect or require adequate inspection of the work. If the Township Engineer finds existing conditions not as stated in the applicant's erosion and sediment control plan, he may refuse to approve further work and may require necessary erosion and sediment control measures to be promptly installed and may seek other penalties as provided in §
166-11. The applicant shall maintain the erosion and sediment control plan on the site of the work during all construction. The land shall be readily available for inspection by the Township Engineer or other enforcing officer.
Appeals from decisions under this chapter may
be made to the Board of Commissioners in writing within 10 days from
the date of such decision. The appellant shall be entitled to a hearing
before the Board of Commissioners within 30 days from the date of
appeal.
No amendments or changes in this chapter shall
be enacted nor become effective until first having been approved by
the State Soil Conservation Committee and the Department of Agriculture
of the State of New Jersey.