[HISTORY: Adopted by the Mayor and Council of the Borough of Saddle River 3-18-2002 by Ord. No. 02-728-C.[1]
[1]
Editor's Note: This ordinance also superseded former Ch. 101, Erosion and Sediment Control, adopted 3-14-1977 by Ord. No. 276-C, as amended.
This chapter shall be known as the "Saddle River Soil Erosion and Sediment Control Ordinance."
The purpose of this chapter is to control soil erosion and sediment damages and related environmental damage by requiring adequate provision for surface water retention and drainage and for the protection of the exposed soil surface in order to promote the safety, public health, convenience and general welfare of the Borough.
A. 
Word usage. For the purpose of this chapter, certain rules of word usage apply to the text as follows:
(1) 
Words used in the present tense include the future tense, and the singular includes the plural, unless the context clearly indicates the contrary.
(2) 
The term "shall" is always mandatory and not discretionary; the word "may" is permissive.
(3) 
The word or term not interpreted or defined by this section shall be used with a meaning of common or standard utilization.
B. 
Definitions. The following definitions shall apply in the interpretation and enforcement of this chapter, unless otherwise specifically stated:
APPLICANT
A person, partnership, corporation or public agency requesting permission to engage in a 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 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.
FARM CONSERVATION PLAN
A plan which provides for the use of land, within it capabilities and treatment, within practical limits, according to chosen use to prevent further deterioration of soil and water resources.
LAND
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, filling or transporting of soil or any other activity which causes soil to be exposed to the danger of erosion.
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 municipality, organized in accordance with the provisions of N.J.S.A. 4:24-1 et seq.
STANDARDS
The standards for soil erosion and sediment control in New Jersey promulgated by the State Soil Conservation Committe.
STRIPPING
Any activity which significantly disturbs vegetated or otherwise stabilized soil surface, including clearing and grubbing operations.
TREE
Any living, healthy deciduous or coniferous tree having a trunk circumference of 25.13 inches or greater (eight inches diameter) measured at its widest point above grade.
[Amended 11-18-2002 by Ord. No. 02-740-C]
No land area in excess of 2,500 square feet shall be disturbed by any person, partnership, corporation, municipal corporation or other public agency within this Borough unless the applicant has submitted to the Construction Official/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 and administered by the North East Soil Conservation District and such plan has been approved and a valid land-disturbance permit has been issued by the Construction Official/Building Inspector, except as exempted by § 101-11. The Bergen County Soil Conservation District shall have jurisdiction for certification and enforcement of plans on any public agency projects other than those which require a municipal construction permit under the State Uniform Construction Code (N.J.A.C. 5:23 et seq.).
A. 
The applicant must submit a separate soil erosion and sediment control plan for each noncontiguous site. The applicant may consult with the Bergen Soil Conservation District in the selection of appropriate erosion and sediment control measures and the development of the plan. Such plan shall contain:
(1) 
The location and description of existing natural and man-made features on and surrounding the site, including general topography and soil characteristics, and copy of the Soil Conservation District soil survey (where available).
(2) 
The location and a description of proposed changes to the site, including any trees that would be affected.
(3) 
Measures for soil erosion and sediment control, which must meet or exceed the Standards for Soil Erosion and Sediment Control adopted by the State Soil Conservation Committee. The standards shall be on file at the offices of the Local Soil Conservation District and the Borough Clerk.
(4) 
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.
B. 
All proposed revision of data required shall be submitted for approval.
A. 
Soil erosion and sediment control plans shall be reviewed by the Borough Engineer (or other designated official) and approved when in conformance with the Standards for Erosion and Sediment Control. Such review and approval shall be made within a period of 30 days of submission of a complete application, unless by mutual agreement, in writing, between the Borough and the applicant, this period is extended for an additional 30 days.
B. 
The Borough Engineer may seek the assistance of the Bergen Soil Conservation District in the review of such plans and may deem as approved those plans which have been reviewed and determined adequate by said District.
C. 
The applicant shall be provided with a written notice of such decision by the Construction Official/Building Inspector (or other authorized municipal agent). A copy of such decision, including the name of the applicant, the site location by street address and block and lot number and the proposed land use, shall be sent to the Bergen Soil Conservation District. The municipality shall also make available such other information as may be required by the District.
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:
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 and surface conditions, during and after development or disturbance. Such provisions shall be in addition to all existing requirements.
F. 
Water runoff shall be minimized and retained on site wherever possible to facilitate groundwater recharge.
G. 
Sediment shall be retained on site.
H. 
Diversions, sediment basins and similar required structures shall be installed prior to any on-site grading or disturbance.
I. 
No structure, equipment or movable machinery shall be permitted to operate within three feet of any tree, nor shall any soil material, permanent or temporary, be placed within such three-foot area.
All necessary soil erosion and sediment control measures installed under this chapter shall be adequately maintained for one year after completion of the approved plan or until such measures are permanently stabilized, as determined by the Borough Engineer. The Borough Engineer shall give the applicant, upon request, a certificate indicating the date on which the measures called for in the approved plans were completed.
At the time of the filing of the application, the applicant shall deposit with the Borough a fee in the amount of $150.
A. 
After review by the Engineer of the application, the applicant shall post a cash bond in the amount of 10% of the estimated cost of the work to be done to comply with this chapter, but not less than $550, which deposit shall be charged with the costs of inspection which shall be made by the Borough Engineer as the work is done.
B. 
The cash bond required by this section may be waived by the Borough Engineer if he determines that the application does not involve any land disturbance, as that term has been hereinabove defined. In addition, the applicant shall post a one-year maintenance bond in the amount of 15% of the cost of any structures required to be built to comply with this chapter before the balance of the deposit is returned to him.
The following activities are specifically exempt from this chapter:
A. 
Land disturbance associated with an addition on an existing dwelling.
B. 
Use of land for gardening primarily for home consumption.
C. 
Agricultural use of lands when operated in accordance with a farm conservation plan approved by the local Soil Conservation District that such use will not cause excessive erosion and sedimentation.
A. 
The applicant shall be required to have a certified plan on site during construction.
B. 
The Borough may issue a stop-construction order if a project is not being executed in accordance with the certified plan.
C. 
No certificate of occupancy 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 Construction Official/Building Inspector of the Borough. A copy of this report shall be sent to the Bergen Soil Conservation District.
The requirements of this chapter shall be enforced by the Borough Engineer, who shall also inspect or require adequate inspection of the work. If the Borough 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 § 101-15.
Appeals from decisions under this chapter may be made to the governing body of the Borough of Saddle River, in writing, within 10 days from the date of such decision. The appellant shall be entitled to a hearing before such governing body within 30 days from the date of appeal.
Penalties for violations shall be a prescribed in the New Jersey Soil Erosion and Sediment Control Act, P.L. 1975, c. 251.[1]
[1]
Editor's Note: See N.J.S.A. 4:24-39 et seq.
[Added 11-18-2002 by Ord. No. 02-740-C]
Any changes to the provisions of this chapter entitled "Saddle River Soil Erosion and Sediment Control Ordinance" of the Code of the Borough of Saddle River, New Jersey, are subject to review, and contingent upon approval, of the New Jersey State Soil Conservation Committee.