Township of Stafford, NJ
Ocean County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Council of the Township of Stafford 12-3-1991 by Ord. No. 91-57. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 70.
Land use and development — See Ch. 130.
Soil removal/resource extraction — See Ch. 181.

§ 178-1 Title.

This chapter shall be known and cited as the "Stafford Township Soil Erosion Ordinance."

§ 178-2 Purpose; implementation of regulations.

A. 
The purpose of this chapter is to control soil erosion and sediment damages and related environmental damage by requiring adequate provisions for the prevention of soil erosion and for the protection of exposed soil surfaces in order to promote the safety, public health, convenience and general welfare of the community.
B. 
In an effort to provide uniformity and to avoid confusion in the enforcement of regulations relating to the prevention of soil erosion and sedimentation, the provisions of this chapter shall be implemented by the Ocean County Soil Conservation District on behalf of the Township.
[Added 1-20-1998 by Ord. No. 98-05]

§ 178-3 Word usage.

For the purposes of this chapter, certain rules of word usage apply to the text as follows:
A. 
Words used in the present tense include the future tense, and the singular includes the plural, unless the context clearly indicates the contrary.
B. 
The term "shall" is always mandatory and not discretionary; the word "may" is permissive.
C. 
A word or term not interpreted or defined by this section shall be given its common or standard meaning.

§ 178-4 Definitions.

The following definitions shall apply in the interpretation and enforcement of this chapter, unless otherwise specifically stated:
APPLICANT
A person, partnership, corporation, public agency or other entity requesting permission to engage in land disturbance activity.
APPROVED PLAN
A plan to control soil erosion and sedimentation which has been approved by the Township Engineer or Director of Community Development.
CERTIFICATION
A written endorsement of a plan for soil erosion and sediment control by the District which indicates that the plan meets the Standards for Soil Erosion and Sediment Control in New Jersey as promulgated by the State Soil Conservation Committee as set forth in this chapter.
[Added 1-20-1998 by Ord. No. 98-05]
DISTRICT
The Ocean County Soil Conservation District established in accordance with N.J.S.A. 4:24-1 et seq.
[Added 1-20-1998 by Ord. No. 98-05]
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.
[Added 1-20-1998 by Ord. No. 98-05]
EROSION
Detachment and movement of soil, rock or other mineral or organic fragments by water, wind, ice or gravity.
EROSION AND SEDIMENT CONTROL PLAN
A detailed plan in accordance with § 178-7 hereof indicating necessary land treatment measures, including a schedule of the timing for their installation or application, which will effectively minimize erosion and sedimentation. Such measures shall be at least equivalent to the standards and regulations contained herein.
EXCAVATION or CUT
The result of any act by which soil or rock is cut into, excavated, dug, quarried, uncovered, removed, displaced or relocated.
FARM CONSERVATION PLAN
A plan which provides for use of land for agricultural purposes, which plan includes consideration of methods to prevent further deterioration of soil and water resources.
LAND
Any soil-bearing ground structure, including marshes, swamps, drainageways and areas not permanently covered by water within the municipality.
LAND DISTURBANCES
Any activity, including but not limited to clearing, grading, transporting, filling or storage of soils which causes less than 5,000 square feet of land to be exposed to or endangered by erosion.
PERMIT
A certificate issued to perform work under this chapter.
PLAN
A scheme which indicates land treatment measures, including a schedule of the timing for installation to minimize soil erosion and sedimentation.
[Added 1-20-1998 by Ord. No. 98-05]
SITE
Any plot, parcel or tract of land.
SOIL
All unconsolidated mineral and/or organic material of any origin.

§ 178-5 Application for certification; review.

[Amended 1-20-1998 by Ord. No. 98-05]
A. 
No site shall be disturbed by any person, partnership, corporation, special agency or other entity within this municipality unless an application for certification of a soil erosion and sediment control plan has been submitted to the District and such application and plan have been certified by the District, except as hereinafter exempted.
B. 
Review and certification of said application shall be made within a period of 30 days of submission of a complete application unless, by mutual agreement, in writing, between the District and the applicant, this period is extended for an additional 30 days. Failure of the District to make a decision within such period or such extension thereof shall constitute certification. The applicant shall be provided with written notice of such decision by the District.
C. 
Said application process shall only apply to new construction of a primary structure and shall not be required for any accessory structure or use incidental to the primary structure or use.

§ 178-6 Issuance of certification; conditions.

[Amended 1-20-1998 by Ord. No. 98-05]
A. 
Upon determination that all requirements of this chapter have been complied with and upon payment of all fees to be paid hereunder, the District shall review the application and the plan submitted by the applicant and thereafter provide a written notice indicating that:
(1) 
The plan was certified;
(2) 
The plan was certified with the attached conditions; or
(3) 
The plan was denied certification, with the reasons for the denial stated.
B. 
For purposes of this section, a major revision of the plan by the applicant shall constitute a new submission.

§ 178-7 Data required for plan.

[Amended 1-20-1998 by Ord. No. 98-05]
A soil erosion and sediment control plan shall include the following items:
A. 
Location and description of existing natural and man-made features on and surrounding the site, including general topography, soil characteristics, wetland locations and a copy of the Soil Conservation Soil Survey, where available.
B. 
Location and description of proposed changes to the site.
C. 
Measures for soil erosion and sediment control which must meet or exceed the Standards for Soil Erosion and Sediment Control promulgated by the State Soil Conservation Committee. Such Standards shall be on file at the office of the Township Clerk and the Ocean County Soil Conservation District Office.
D. 
A schedule of the sequence of installation or application of planned erosion and sediment control measures as related to the progress of the project, including starting and completion dates.
E. 
All proposed revisions of data required shall be submitted for approval.
F. 
A map showing the contours of the land prior to disturbance and the proposed contours to be created, prepared in accordance with the standard engineering practices, now can be completed.
G. 
Any and all other information or documentation required by the District in evaluating the plan. Required information is listed in detail on the standard application form approved by the State Soil Conservation Committee.

§ 178-8 Regulations and standards.

The following regulations and standards shall apply to the soil erosion and sediment control plan and activities undertaken pursuant thereto, as well as to any land disturbance, whether authorized by this chapter or not, except as may be specifically exempt:
A. 
Stripping of vegetation, grading or other land disturbing activities 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 insofar as reasonable within narrow 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. 
Satisfactory provisions shall be made for drainage to accommodate increased runoff resulting from modified soil and surface conditions during and after development or disturbance.
F. 
Water runoff shall be minimized and retained on site wherever possible to facilitate groundwater recharge.
G. 
Sediment shall be retained on site to the maximum extent feasible.
H. 
Diversions, sediment basins and similar required structures shall be installed prior to any on-site grading or disturbance, except as necessary to the construction of said structures.[1]
[1]
Editor's Note: Former § 178-8I, regarding slopes in excess of a six-to-one ratio, which immediately followed this subsection, was repealed 1-20-1998 by Ord. No. 98-05.

§ 178-9 Fees.

[Amended 1-20-1998 by Ord. No. 98-05]
The fees charged shall be in accordance with the fee schedule adopted by the District and approved by the State Soil Conservation Committee and shall bear a reasonable relationship to the cost of rendering such services.

§ 178-10 Violations and penalties.

A. 
Any person violating or failing to comply with any of the provisions of this chapter shall, upon conviction thereof, be punishable in accordance with N.J.S.A. 4:24-53.
[Amended 1-20-1998 by Ord. No. 98-05]
B. 
The violation of any provision of this chapter shall be subject to abatement summarily by a restraining order or injunction issued by a court of competent jurisdiction.

§ 178-11 Exempt activities.

The following activities are specifically exempt from this chapter:
A. 
Use of land for gardening primarily for home consumption.
B. 
Agricultural use of lands when operated in accordance with a farm conservation plan approved by the Local Soil Conservation District or when it is determined by the Local Soil Conservation District that such use will not cause excessive erosion and sedimentation.
C. 
Land disturbance exceeding 5,000 square feet, where the Soil Conservation District has jurisdiction.
D. 
Clearing on a lot upon which an existing residential dwelling is located.
E. 
Land disturbance permitted under Chapter 181, Soil Removal/Resource Extraction, of the Stafford Township Code.
F. 
Construction of a single-family dwelling on an isolated lot, where is 5,000 square feet or less or soil disturbance.
[Added 1-20-2004 by Ord. No. 2004-09; amended 12-15-2009 by Ord. No. 2009-51]

§ 178-12 Enforcement by District.

[Amended 8-15-1995 by Ord. No. 95-75; 1-20-1998 by Ord. No. 98-05]
A. 
The requirements of this chapter shall be enforced by the District, which shall also inspect or require adequate inspection of the work. If the District finds there are existing conditions not as stated in the applicant's erosion and sediment control plan, it may refuse to approve further work and may require necessary erosion and sedimentation control measures to be promptly installed or applied and/or may seek other penalties as herein provided, including the issuance of a stop-work order or other penalties cited in N.J.S.A. 4:24-53. If land disturbance occurs which is subject to the provisions of this chapter and no certification has been obtained, the District may issue a stop-work order and require the owner of the property to apply for the necessary certification, and if the certification is denied, the owner of the property shall be responsible for reforestation of the disturbed site in accordance with the requirements of Chapter 130, Land Use and Development, or for the installation of permanent measures to control soil erosion and sedimentation as determined by the Ocean County Soil Conservation District.
B. 
In regard to properties which are exempt from Township regulation under § 178-11C, the Township, pursuant to N.J.S.A. 4:24-47, reserves the right to issue a stop-construction order if the project is not being executed in accordance with a certified plan.

§ 178-13 Pinelands standards.

In any instance where the provisions of this chapter conflict with the provisions of the Pinelands Comprehensive Management Plan or Pinelands regulations for property located in the Pinelands, the provisions of the Pinelands Comprehensive Management Plan or Pinelands regulations shall prevail and be enforced.