[HISTORY: Adopted by the Mayor and Council
of the Borough of Woodcliff Lake 6-5-1974 by Ord. No. 75-5 (Ch.
225 of the 1985 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Land use procedures — See Ch. 37.
Building construction — See Ch. 114.
Uniform construction codes — See Ch. 140.
Fees — See Ch. 163.
Flood hazard areas — See Ch. 188.
Site plan review — See Ch. 292.
Soil moving — See Ch. 304.
Stormwater control — See Ch. 320.
Subdivision of land — See Ch. 332.
Zoning — See Ch. 380.
This chapter shall be known as the "Woodcliff
Lake Municipal 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 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.
For the purpose 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.
The word or term not interpreted or defined by this
chapter 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.
A sediment-producing highly erodible or severely eroded area.
Detachment and movement of soil or rock fragments by water,
wind, ice and gravity.
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 equivalent to or exceed standards adopted by the New Jersey
State Soil Conservation Committee and administered by the Northeast
Jersey Soil Conservation District.
Any act by which soil or rock is cut into, dug, quarried,
uncovered, removed, displaced or relocated.
A plan which provides for use of land, within its capabilities
and treatment, within practical limits, according to 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.
Any activity involving the clearing, 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.
Solid material, both mineral and organic, that is in suspension,
is being transported or has been moved from its site or origin by
air, water or gravity as a product of erosion.
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.
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.
Any activity which significantly disturbs vegetated or otherwise
stabilized soil surface, including clearly and grubbing operations.
No site plan or preliminary plan submitted to the Planning Board pursuant to Chapter 332, Subdivision of Land, and Chapter 292, Site Plan Review, of the Code of the Borough of Woodcliff Lake shall be granted unless it includes a soil erosion and sediment control plan developed in accordance with the Standards for Soil Erosion and Control adopted by the New Jersey State Soil Conservation Committee and administered by the Northeast Jersey Soil Conservation District. The applicant may consult with the Northeast Jersey Soil Conservation District in the development of the plan and the selection of appropriate erosion and sediment control measures. The applicant shall bear the final responsibility for the installation and construction of all required soil erosion and sediment control measures according to the provisions of this chapter, except as exempted by § 299-13.
A.
The applicant must submit to the Planning Board a
separate soil erosion and sediment control plan for each subdivision,
site plan review, special exception, zoning variance or planned unit
development application. Such plan shall contain:
(1)
Location and description of existing natural and man-made
features on and surrounding the site, including general topography
and soil characteristics, and a copy of the Soil Conservation District
soil survey where available.
(2)
Location and description of proposed changes to the
site.
(3)
Measures for soil erosion and sediment control which
shall be equivalent to or exceed standards for soil erosion and sediment
control adopted by the New Jersey State Soil Conservation Committee
and administered by the Northeast Jersey Soil Conservation District.
Such standards shall be on file at the offices of the Soil Conservation
District and the Municipal 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 revisions of data required shall be submitted
for approval.
Erosion and sediment control plans shall be
reviewed by the Planning Board and approved in conformance with the
Standards for Erosion and Sediment Control. The Board may seek the
assistance of the Northeast Jersey Soil Conservation District in review
of such plans and may deem as approved those plans which have reviewed
and determined adequate by the Northwest Jersey Soil Conservation
District.
Control measures shall apply to all aspects
of the proposed site development involving 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 measure shall be used to protect exposed critical areas
during construction or other land disturbance.
E.
Drainage provisions shall accommodate all increased
runoff resulting from modifications of soil and surface conditions
during and after development or disturbance. Such provisions shall
be in addition to existing requirements.
F.
Water runoff shall be minimized and retained on the
site wherever possible to facilitate groundwater recharge.
G.
Diversion sediment basins and similar required structures
shall be installed prior to any on-site grading or disturbance.
[Amended 11-6-1974 by Ord. No. 74-10]
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.
[Added 11-6-1974 by Ord. No. 74-10]
As a condition to the approval of an erosion
and sedimentation control plan, the Planning Board shall require the
developer to enter into an agreement with the Borough to ensure the
performance of the conditions of said plan approval and to furnish
and file with the Borough performance and maintenance guaranties in
a form approved by the Planning Board Attorney in an amount determined
by the Borough Engineer to be adequate for the cost of the planned
control measures installed under this chapter, including maintenance
for a period of one year.
[Added 11-6-1974 by Ord. No. 74-10;
amended 4-15-1985 by Ord. No. 85-4]
In the event that the application is made in conjunction with an application for a major subdivision or site plan approval, there shall be no additional fees in addition to the application fees for such major subdivision or site plan approval. In the event the application is not made in conjunction with a major subdivision or site plan approval, the applicant shall pay a fee as set forth in Chapter 163, Fees, when the application is filed.
[Added 11-6-1974 by Ord. No. 74-10;
amended 4-15-1985 by Ord. No. 85-4]
Any person who shall violate this chapter shall,
upon conviction thereof, pay a fine not to exceed $1,000 or be imprisoned
for not more than 90 days, or both, for each offense, in the discretion
of the court. Each day that a violation shall continue shall constitute
a separate offense. In addition thereto, the municipality may institute
and maintain a civil action for injunctive relief.
[Added 11-6-1974 by Ord. No. 74-10]
The following activities are specifically exempt
from this chapter:
A.
Minor subdivisions.
B.
Site plans for development where the land will not
be disturbed.
C.
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.
[Added 11-6-1974 by Ord. No. 74-10]
The requirements of this chapter shall be enforced by the Borough Engineer, who shall also inspect or require adequate inspection of the work carried out pursuant to site plan approval. 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 sedimentation control measures to be promptly installed and may seek other penalties as provided in § 299-12.
