Township of Mine Hill, NJ
Morris County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Council of the Township of Mine Hill by Ord. No. 206-77 (Ch. XIII, Sec. 13-2, of the 1986 Revised General Ordinances). Amendments noted where applicable.]
GENERAL REFERENCES
Flood damage prevention — See Ch. 259.
Land use — See Ch. 310.
Soil removal — See Ch. 448.

§ 444-1 Title.

This chapter shall be known and may be cited as the "Soil Erosion, Sediment Control and Flood Prevention Ordinance of the Township of Mine Hill."

§ 444-2 Purpose.

The general purpose of this chapter is to promote the public health, safety, convenience and general welfare of the Township through the protection of environmental resources by preventing floods and controlling soil erosion, sedimentation and related environmental damage resulting from but not necessarily limited to the disturbance of land or earth by construction activities such as those for housing, commercial, utility, highway, public works and other similar developments. The specific purposes of this chapter are to require adequate provisions for:
A. 
The protection of the water quality of streams.
B. 
The prevention of danger to life and property from flooding resulting from excessive runoff and sedimentation of waterways and drainage facilities.
C. 
The detention of surface waters, including both temporary and permanent measures.
D. 
Maintaining the useful life of brooks, streams, ponds and lakes by preventing sedimentation.
E. 
Preserving the recreational use of water bodies for swimming and fishing.
F. 
Reducing public expenditures for repair and maintenance of public facilities resulting from flooding, soil erosion and sedimentation.
G. 
Conserving the taxable value of property by preserving the environmental character of the Township.

§ 444-3 Definitions; word usage.

A. 
Definitions. As used in this chapter, the following terms shall have the meanings indicated:
APPLICANT
A person requesting the issuance of a land disturbance permit.
APPLICATION
A submission meeting the requirements of a complete application, as hereinafter defined.
APPROVED PLAN
A plan, as hereinafter defined, which has been reviewed and approved by the proper Township authority.
CERTIFICATION
A written and signed statement by the Township Engineer that specific construction and/or land treatment measures required by a plan, as hereinafter defined, have been performed in accordance with all of the terms and conditions therefor and in accordance with state standards, as hereinafter defined, and the provisions of this chapter.
COMPLETE APPLICATION
The submission to the Township Clerk of the following:
(1) 
An application form completed and executed by the applicant;
(2) 
A plan, as hereinafter defined;
(3) 
All required accompanying documents; and
(4) 
The appropriate filing fee.
CONDITIONAL USE
A land use permitted under Chapter 310, Land Use, of the Code of the Township of Mine Hill but only upon the issuance of an authorization therefor by the Township Planning Board.
CONSTRUCTION PERMIT
A permit issued for a building or structure in accordance with the State Uniform Construction Code Act and regulations promulgated thereunder.
CRITICAL AREA
An area which has a high potential for erosion, sedimentation or related environmental damage, or an area which has experienced such damage.
CUT
A portion of land surface or area from which earth has been removed or will be removed by excavation; the depth below original ground surface to excavated surface.
DETENTION POND OR BASIN
A pond, basin or other structure or measure that provides for temporary storage of stormwater and which includes a spillway or other facility to release the water at a controlled rate of flow.
DIVERSION
A channel with or without a supporting ridge on the lower side constructed across or at the bottom of a slope.
EMBANKMENT
A man-made deposit of soil, rock or other materials.
EROSION
The detachment, wearing away or movement of soil or rock fragments by the action of water, wind, ice or gravity.
EXCAVATION
Any act by which soil or rock is cut into, dug, quarried, uncovered, removed, displaced or relocated.
EXISTING GRADE
The vertical location of the existing ground surface prior to cutting or filling.
FARM CONSERVATION PLAN
A plan developed in accordance with the Morris County Soil Conservation District 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.
FILL
A man-made deposit of soil, rock or other materials.
FINISHED GRADE
The final grade or elevation of the ground surface conforming to a proposed design.
FLOODPLAIN
The land bordering or adjacent to a river, stream, brook, lake, pond, swamp or other waterway which is subject to flooding as evidenced by:
(1) 
Observed or recorded flood events;
(2) 
Alluvial soil as shown on soil maps; or
(3) 
As determined by other soil or hydraulic studies.
GOVERNMENT AGENCY
Any department, commission, independent agency or instrumentality of the United States or of the State of New Jersey, and any county or other governmental unit.
GRADING
Any stripping, cutting, filling or stockpiling, or any combination thereof, this term including the land in its cut or filled condition.
LAND
Any ground, soil or earth, including marshes, swamps, drainageways and areas not permanently covered by water.
LAND DISTURBANCE
Any activity involving the clearing, cutting, excavation, grading, filling, storing, transporting of land or any other activity which causes land to be exposed to the danger of erosion.
LAND DISTURBANCE PERMIT
A permit issued pursuant to the provisions of this chapter authorizing land disturbance subject to the terms and conditions of the permit.
MORRIS COUNTY SOIL CONSERVATION DISTRICT
A governmental subdivision of this state, which encompasses the Township, organized in accordance with the provisions of N.J.S.A. 4:24-1 and following.
MULCHING
The application of plant or other suitable materials on the soil surface to conserve moisture, hold soil in place and aid in establishing plant cover.
NATURAL GROUND SURFACE
The existing surface of land prior to any land disturbance.
PERMIT
See "land disturbance permit."
PERSON
Any individual, partnership, corporation or other legal entity, including a government agency.
PLAN
See "soil erosion, sediment control and flood prevention plan."
PLANNED DEVELOPMENT
Any planned development that may be permitted under the provisions of Chapter 310, Part 6, Zoning, of the Code of the Township of Mine Hill.
PROFESSIONAL ENGINEER
An engineer duly registered or licensed by the State of New Jersey to practice in the field of civil engineering.
PROJECT
Any activity, undertaking, construction or work of any nature which involves land disturbance. The term includes but is not limited to the improvement or development of land pursuant to any conditional use, construction permit, planned development, site plan, subdivision or zoning variance.
SEDIMENT
Soil material, both mineral and organic, that is in suspension, is being transported or has been removed from its site of origin by erosion.
SEDIMENT BASIN
A pond, basin or other structure or measure that provides for the detention of water and the deposit of sediment.
SITE
A lot, tract or parcel of land or a combination of continuous lots, tracts or parcels of land.
SITE PLAN
A plan for the development of one or more lots required to be reviewed and approved in accordance with the provisions of Chapter 310, Part 3, Subdivision and Site Plan Requirements, of the Code of the Township of Mine Hill.
SLOPE
The degree of deviation of a surface from the horizontal usually expressed in percent or degrees.
SOIL
All unconsolidated mineral and organic material of whatever origin which overlies bedrock and which can be readily excavated.
SOIL EROSION, SEDIMENT CONTROL AND FLOOD PREVENTION PLAN
A plan (referred to in this chapter by the term "plan") which indicates construction and/or land treatment measures, including a schedule of the timing for their performance, to effectively prevent floods and minimize soil erosion and sedimentation. Every plan shall meet or exceed state standards as hereinafter defined.
SOILS ENGINEER
A professional engineer who is qualified by education, training and experience to practice applied soil mechanics and foundation engineering.
STANDARDS
See "state standards."
STATE STANDARDS
Standards for Soil Erosion and Sediment Control in New Jersey as promulgated by the State Soil Conservation Committee.
STRIPPING
Any activity which removes or significantly disturbs vegetated or otherwise stabilized soil surface, including clearing and grubbing operations.
SUBDIVISION
The division of a lot, tract or parcel of land into two or more lots, tracts or parcels in accordance with the provisions of Chapter 310, Part 3, Subdivision and Site Plan Requirements, of the Code of the Township of Mine Hill.
TEMPORARY PROTECTION
Stabilization of erosive or sediment-producing areas of land.
VEGETATIVE PROTECTION
Stabilization of erosive or sediment-producing areas of land by covering the soil with one or more of the following:
(1) 
Permanent seeding or permanent plantings producing long-term vegetative cover;
(2) 
Short-term seeding or short-term plantings producing temporary vegetative cover; and
(3) 
Sodding producing areas covered with a turf of perennial sod-forming grass.
WATERCOURSE
A natural or artificial river, stream, brook, ditch, channel, conduit, gully, drain, culvert, ravine, wash or other waterway in which water flows in a definite direction or course, either continuously or intermittently, within a definite channel, and including any area adjacent thereto subject to inundation by reason of overflow of floodwater.
ZONING VARIANCE
Any land use which may be permitted as a departure from the provisions of Chapter 310, Part 6, Zoning, of the Code of the Township of Mine Hill.
B. 
For purposes of this chapter, the word "shall" indicates a mandatory requirement, and the word "may" indicates a permissive action.
C. 
Any word or term not defined by this section is to be given its usual or common meaning.

§ 444-4 Regulated activities.

No person shall, within the Township, undertake or commence any project within the meaning of that term as defined in § 444-3, except a project which is exempt under the provisions of § 444-5, without first having obtained a land disturbance permit.

§ 444-5 Exempt activities.

The following projects are exempt from the provisions of this chapter:
A. 
The construction of a single-family dwelling unit where such unit is not 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.
B. 
Any project which does not involve more than 5,000 square feet of land disturbance.
C. 
Road and road shoulder maintenance work performed by the Township Department of Public Works.
D. 
Projects exempt from the requirements of state law.
E. 
Projects which have received site plan approval from the Planning Board, have met the conditions of that site plan, and have had a preconstruction meeting with the Township Engineer.
[Added 4-16-2015 by Ord. No. 13-15]

§ 444-6 Application for permit.

A. 
Jurisdiction over applications. If the project subject of the application involves a conditional use, planned development, site plan, subdivision or zoning variance, the application for land disturbance permit shall be reviewed and acted upon by the Township Engineer.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
Application forms. An applicant shall obtain an application form from the Township Clerk. The form shall require among other information the name of the applicant, the site location by street address and block and lot number, the proposed use of the site, any related applications for land use development approval and sufficient information for calculation of the filing fee required by Subsection D of this section. The form shall also provide adequate space for approval or disapproval as well as the insertion for special provisions as terms and conditions of approval and the amount of any performance guarantee required. If the applicant is not the owner of all of the lands which are the subject of the proposed development plan, all owners shall either join in the application or indicate on the application that they consent to such application. Proof of ownership in the form of an affidavit or other form satisfactory to the Planning Board shall be furnished with the application.
C. 
Plan to accompany application. Every application for a land disturbance permit shall be accompanied by a plan meeting the requirements set forth in this Subsection C:
(1) 
The plan.
(a) 
The plan shall comprise a map and written report (together with whatever other instruments, writings, drawings, plans or specifications are necessary or appropriate under the circumstances) which fully and adequately describe both temporary and permanent measures to be employed to control, minimize and protect against soil erosion, sedimentation and flooding from a proposed land disturbance, taking into account the particular nature and characteristics of the land, the surrounding area, the watercourses, the land disturbance and the development involved. The plan shall cover all stages and aspects of the proposed land disturbance and planned development from grading, stripping, excavation and other site preparation through and including both finished grade and the installation of permanent improvements. It shall accordingly include a timing schedule or schedules indicating both:
[1] 
The anticipated starting and completion dates of each step in the land disturbance and development sequence and the time of exposure of each land area prior to the completion of effective erosion and sediment control measures; and
[2] 
The sequence of installation of planned erosion and sediment control measures as related to the disturbance and development sequence referred to in Subsection C(1)(a)[1] above, including anticipated starting and completion dates of such installations.
(b) 
The plan shall include a soil map prepared by the Soil Conservation Service upon which the proposed development shall be superimposed. The soil boundaries shall also be shown on the plan.
(2) 
General conditions.
(a) 
It shall be the responsibility of the applicant to design his project so as to maintain as nearly as possible in its present state and condition any stream, watercourse, swale, floodplain, wetland, swamp, pond or lake.
(b) 
The maintenance or repair of any of the above or of drainage facilities damaged or otherwise adversely affected by reason of the applicant's project shall be the responsibility of the applicant. Such maintenance or repair work shall be promptly performed.
(c) 
It shall be the responsibility of the applicant to promptly remove sediment from any stream or watercourse, pond, lake, or drainage facility resulting from the applicant's project.
(d) 
No person shall block, impede the flow of, alter or construct any structure or deposit any material or thing or commit any act which will affect normal or flood flow in any stream or watercourse without having obtained a land disturbance permit and, where required, prior approval from the Morris County Soil Conservation District or other state agency.
(e) 
All drainage of stormwater facilities proposed by the applicant or to be utilized by the applicant, including the discharge area, shall have the capacity to transport runoff from the drainage area as if such area were fully developed in accordance with the Master Plan and Chapter 310, Part 6, Zoning, of the Code of the Township of Mine Hill.
(f) 
An objective of the plan shall be to maximize groundwater recharge and to minimize runoff, as well as the retention of sediment to the maximum extent feasible.
(3) 
Soil erosion and sediment control measures. Soil erosion and sediment control measures shall as a minimum utilize and meet Standards for Soil Erosion and Sediment Control in New Jersey as promulgated by the State Soil Conservation Committee. In addition, to the extent applicable in particular situations, the following measures or considerations shall be incorporated in the plan:
(a) 
The smallest practicable area of land shall be disturbed at any one time during development, and the duration of such disturbance shall be kept to a practical minimum.
(b) 
Whenever feasible, natural vegetation and the natural ground surface shall be retained and protected.
(c) 
Temporary vegetative protection plant cover or mulching, or a combination of both, shall be used to protect erosion areas during development.
(d) 
Diversions and outlets, both temporary and permanent, shall be constructed or installed to accommodate the runoff caused by the changed soil and surface conditions during and after development.
(e) 
Disturbed soil shall be stabilized as quickly as practicable.
(f) 
Until the disturbed area is stabilized, sediment in the runoff water shall be trapped and removed by the use of debris basins, sediment basins, desilting basins, silt traps or other acceptable methods.
(g) 
Whenever feasible, development shall preserve natural features and existing grades thereby keeping grading, stripping and excavation to a minimum.
(h) 
Adequate provisions shall be made to minimize surface water from damaging slopes and embankments. Diversions may be utilized for this purpose.
(i) 
Fill shall be placed and stabilized so as to minimize erosion and shall not encroach on watercourses closer than 100 feet unless specifically approved.
(j) 
During grading operations, approved methods for dust control shall be exercised.
(k) 
During grading, excavation and other construction activities, slopes and embankments shall be stabilized by mulching with straw sprayed with an asphalt mixture, or jute matting staked in position, or a seeding of annual rye grass, or a combination of the foregoing or other acceptable method.
(l) 
Permanent (final) vegetative protection, plant cover, lawn or ground cover, and mechanical erosion control devices and measures shall be installed or constructed and completed as soon as practicable.
(m) 
Permanent improvements, such as pavement, catch basins, curbs and the like, shall be installed or constructed and completed as soon as practicable.
(n) 
Permanent detention ponds shall be constructed whenever feasible to temporarily retain the increased runoff resulting from modifications to the land. Such detention facilities shall conform with standards and criteria established or approved by the Township Engineer and shall be designed to control runoff from all storms recurring in 100 years except where adverse site conditions prevent the practical construction of such facilities and such requirement is waived by the Township Engineer. The Township Engineer shall approve all plans for detention facilities, and such plans shall also be approved by the County of Morris and agencies of the State of New Jersey when required.
(4) 
Qualifications of preparer of plan. The plan shall be prepared by a professional engineer or soils engineer and shall be signed and sealed by the person who prepared it.
D. 
Fee to accompany application. Every applicant shall pay a fee to the Township Clerk at the time of filing of an application for a land disturbance permit. The filing fee shall be as set forth in Chapter 235, Fees, depending on the type of project, and shall be in addition to any and all fees required by Chapter 310, Land Use, of the Code of the Township of Mine Hill.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
E. 
Application procedure.
(1) 
A complete application for a land disturbance permit shall be filed with the Township Clerk.
(2) 
If the application is within the jurisdiction of the Township Planning Board, an applicant shall file six copies of the application form accompanied by 12 copies of the plan and any other required documents.
(3) 
If the application is within the jurisdiction of the Township Engineer, the applicant shall file six copies of the application form accompanied by six copies of the plan and any other required documents.
(4) 
All applications within the jurisdiction of the Planning Board shall be filed not less than 21 days prior to the date of the regular monthly meeting of the Planning Board at which consideration of the application is desired.
(5) 
Upon receiving an application within the jurisdiction of the Planning Board, the Township Clerk shall note the date of submission on all copies of the application form, shall retain one copy of the application form together with one copy of the plan and any other accompanying documents, shall forward one copy of the application form together with one copy of the plan and any other accompanying documents to the Township Engineer, and shall deliver four copies of the application form together with 10 copies of the plan and any other accompanying documents to the Secretary of the Planning Board.
(6) 
Upon receiving an application within the jurisdiction of the Township Engineer, the Township Clerk shall note the date of submission on all copies of the application form, shall retain one copy of the application form together with one copy of the plan and any other accompanying documents to the Planning Board for informational purposes, and shall deliver four copies of the application form together with four copies of the plan and any other accompanying documents to the Township Engineer.
F. 
Incomplete applications.
(1) 
Whenever it appears subsequent to submission to the Township Clerk that an application is incomplete, the Secretary of the Planning Board or the Township Engineer, as the case may be, shall promptly notify the applicant of the deficiencies, but if such notice is not given to the applicant within 28 days after submission, the application shall be deemed to be complete.
(2) 
Whenever an incomplete application is supplemented so as to make it complete, the period of the time limitation set forth in § 444-7C shall commence to run from the date when the application becomes complete.
G. 
Time of submission of application. Whenever an applicant is seeking one or more related approvals for a project from the Township Planning Board or Township Engineer, the application for a land disturbance permit shall be submitted as directed by the Planning Board or Township Engineer at a time when the status of the related approval or approvals will permit the application for a land disturbance permit to be properly evaluated. Premature submission of an application for a land disturbance permit constitutes grounds for denial of the application accompanied by a direction for resubmission at an appropriate time.

§ 444-7 Action on application.

A. 
Applications for land disturbance permits within the jurisdiction of the Planning Board shall be reviewed by the Planning Board and the Township Engineer. The Township Engineer shall furnish comments on the application to the Planning Board within 14 days after the submission of the application unless the Planning Board advises the Township Engineer of a longer period of time for his review. The Planning Board may refer an application to the Morris County Soil Conservation District, the Township Environmental Commission or any other qualified governmental agency or agencies or consultants for review and comments within a period of time indicated by the Planning Board.
(1) 
Applications within the jurisdiction of the Township Engineer shall be reviewed by the Township Engineer. An application may be referred by the Township Engineer to the Morris County Soil Conservation District or any other qualified governmental agency or agencies or consultants for review and comments within a period of time indicated by the Township Engineer.
(2) 
The purpose of every review shall be to determine whether or not the application, plan and any other accompanying documents meet the Standards for Soil Erosion and Sediment Control in New Jersey as promulgated by the State Soil Conservation Committee and any higher standards established by this chapter.
B. 
Approval of applications.
(1) 
An application within the jurisdiction of the Planning Board shall be approved by the Planning Board if, upon review, the Board determines that the application meets the standards referred to in Subsection A. An application within the jurisdiction of the Township Engineer shall be approved by the Township Engineer if, upon review, he determines that the application meets such standards.
(2) 
In the event that an application does not meet the standards referred to in Subsection A, the Planning Board or the Township Engineer, as the case may be, may approve the application subject to the imposition of terms and conditions which will provide for compliance with such standards. Any such terms and conditions shall be endorsed upon or attached to the application before approval is granted.
(3) 
Other special terms and conditions may be imposed upon an application by the approving authority in order to assure proper implementation of the plan in accordance with the intent and purposes of this chapter and may include fixing the time schedule for exposure of land areas and for the construction and installation of improvements or the taking of other measures to prevent soil erosion, sedimentation and flooding and may require that such work be completed prior to any site development work.
(4) 
All terms and conditions imposed by the Planning Board or Township Engineer, as the case may be, shall become a part of the approved plan for all purposes of the provisions of this chapter.
(5) 
As to every application which is approved, the approving authority shall endorse thereon the amount of the performance guarantee required pursuant to the provisions of § 444-8A of this chapter.
(6) 
If an application is disapproved, the reason for disapproval shall be endorsed upon or attached to the application.
(7) 
As soon as any application has been reviewed and acted upon, three copies of the application with endorsements or attachments shall be forwarded to the Township Clerk. The Township Clerk shall promptly notify the applicant in writing of the action taken by the Planning Board or Township Engineer, as the case may be, indicating whether the application was approved as submitted, approved subject to attached conditions, or denied for reasons stated. In cases of approval, the Township Clerk shall also notify the applicant of the amount of the performance guarantee required to be furnished to the Township.
C. 
Time limitations.
(1) 
The Township Planning Board or Township Engineer, as the case may be, shall approve or disapprove an application for a land disturbance permit within a period of 30 days after the submission of a complete application to the Township Clerk, unless by mutual agreement in writing between the applicant and the reviewing authority the period of 30 days is extended for an additional period of 30 days.
(2) 
Failure to approve or disapprove a complete application within such period or such extension thereof shall constitute approval of the application, and the applicant shall be entitled to the issuance of a land disturbance permit by the Township Clerk as though the application had been approved pursuant to the provisions of Subsection B of this section in the form in which the application was submitted.
(3) 
For purposes of this subsection, a major revision by the applicant of the plan accompanying the application shall constitute a new submission of an application by the applicant.
(4) 
The provisions of this subsection shall not relieve an applicant of the obligation to furnish a performance guarantee as required by § 444-8B, nor shall the provisions of this subsection relieve an applicant of any other obligation imposed by this chapter upon a person to whom a land disturbance permit is issued.
D. 
Notification of Morris County Soil Conservation District.
(1) 
Immediately following action by the Township Planning Board or Township Engineer, as the case may be, pursuant to Subsection B of this section, whether such action constitutes approval or disapproval, the Township Clerk shall forward one of the three complete applications received from the Planning Board or Township Engineer to the Morris County Soil Conservation District, together with such other information as the district may require.
(2) 
In the event that an applicant obtains approval by inaction under the provisions of Subsection C of this section, the Township Clerk shall obtain from the Planning Board or Township Engineer, as the case may be, two complete applications, and the Township Clerk shall forward one complete application to the Morris County Soil Conservation District, together with a statement of approval by inaction and such other information as the district may require.

§ 444-8 Performance guarantee; issuance of permit.

A. 
Requirement for performance guarantee.
(1) 
Following approval of an application for a land disturbance permit and prior to the issuance of the permit, the applicant shall furnish the Township with a performance guarantee in an amount specified by the Township Planning Board or Township Engineer on the approved application or as fixed by the Township Engineer in the event of approval by inaction as provided in § 444-7C.
(2) 
A performance guarantee shall not be required to exceed 120% of the total cost of the improvements and measures called for by the approved plan, as the total cost thereof shall be estimated by the Township Engineer.
(3) 
The performance guarantee shall set forth the date or dates on or before which the improvements are to be constructed or installed or on or before which specified measures are to be taken.
(4) 
The performance guarantee shall provide that if the Township shall obtain injunctive relief pursuant to the provisions of § 444-12 against the person to whom the land disturbance permit is issued, funds necessary to effect compliance with such relief shall be immediately available to the Township.
(5) 
The performance guarantee shall also assure the payment of all inspection fees for the project as required by § 444-9E.
(6) 
The performance guarantee may be in the form of a surety bond issued by a surety company authorized to do business in New Jersey, or the applicant may elect to deposit funds with the Township by certified check, such funds to be held in a separate interest-bearing account pursuant to a cash deposit agreement between the Township and the applicant. All performance guarantees shall be subject to approval by the Township Attorney as to form, sufficiency and execution. Performance guarantees shall be released as provided in § 444-10C.
B. 
Issuance of permit. Upon receipt of an approved application, or upon approval by reason of inactions as provided in § 444-7C and the receipt of a performance guarantee meeting the requirements of Subsection A of this section, the Township Clerk shall issue a land disturbance permit to the applicant. The Township Clerk shall attach to the permit a copy of the complete application as approved, including the plan and all accompanying documents.

§ 444-9 Performance of work.

A. 
General. A person to whom a land disturbance permit has been issued shall be responsible for the performance of all work in strict conformity with the approved plan and all terms and conditions thereof, including the time schedule for exposure of land areas and for the construction and installation of improvements or the taking of other measures to prevent soil erosion, sedimentation and flooding.
B. 
Inspections by Township Engineer.
(1) 
The Township Engineer shall inspect every project for which a land disturbance permit has been issued. The Township Engineer shall be responsible for enforcing compliance with the permit and the provisions and requirements of this chapter.
(2) 
To assist in making inspections, a copy of the land disturbance permit to which is attached a complete copy of the application with the accompanying plan and other documents, as well as any terms and conditions imposed by the approving authority, shall be kept at the site at all times during construction.
(3) 
Generally, inspections shall be conducted at the following times:
(a) 
Prior to any construction or measures, in order to check details of location and field conditions.
(b) 
Intermittently during construction and vegetation protection measures.
(c) 
After completion of all construction and establishment of vegetation.
(d) 
At least three times during the maintenance period.
(e) 
At other times as may be necessary because of unsatisfactory conditions.
(4) 
The Township Engineer shall bring to the attention of the person to whom a land disturbance permit has been issued, or to his agent in charge of work at the site, any deviations from the approved plan and any other violations of this chapter in order that such deviations and violations may be immediately corrected.
C. 
Stop-work orders. When in his judgment the circumstances warrant such action, the Township Engineer may issue a stop-work order to a person to whom a land disturbance permit has been issued or to his agent in charge of work at the site. Thereupon, until all deviations from the approved plan and any other violations of this chapter have been corrected, no work shall be carried on at the site except such work as is necessary to effect such correction. If such deviations and violations are not promptly corrected, the Township Engineer shall bring the matter to the attention of the Township Administrator for appropriate action by the Township.
D. 
Minor modifications. When deemed necessary or appropriate by reason of conditions arising in the field during the course of the performance of work, the Township Engineer may order or approve amendments, changes or modifications of a minor nature in an approved plan.
E. 
Inspection fees. A person to whom a land disturbance permit has been issued shall pay to the Township charges incurred for site inspections by the Township Engineer and his assistants. Such charges shall be as set forth in Chapter 235, Fees. Payment of inspection fees to the Township shall be made promptly after billing by the Township. Such charges shall be in addition to any and all fees required by Chapter 310, Land Use, of the Code of the Township of Mine Hill.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
F. 
Certificate of completion.
(1) 
When the Township Engineer finds that all construction or installation work and all measures required under an approved plan have been fully performed in accordance with all the terms and conditions thereof, the Township Engineer shall issue a certificate to that effect.
(2) 
The Township Engineer shall deliver five copies of every such certification to the Township Clerk, who shall retain one copy and forward a copy to each of the following: the person to whom the land disturbance permit was issued, the Township Construction Official, the Secretary of the Township Planning Board, and the Morris County Soil Conservation District.
(3) 
No certificate of occupancy shall be issued for any building or structure which is part of a project for which a land disturbance permit has been issued until the aforementioned certification has been received by the Township Construction Official.

§ 444-10 Maintenance requirements.

A. 
Maintenance obligation. The person to whom a land disturbance permit has been issued and the subsequent owners of the property subject of the permit shall be responsible for and shall maintain all construction and installation work and measures performed pursuant to the permit in good order for a period of two years following the issuance of the certification by the Township Engineer as provided in § 444-9F.
B. 
Maintenance guarantee. Following the issuance of the certification under § 444-9F, the person to whom the land disturbance permit was issued, or, if such person is no longer the owner of the land comprising the project, then the current owner or owners, shall furnish the Township with a maintenance guarantee in an amount of 15% of the total cost of the improvements and measures called for by the approved plan, as the total cost thereof shall be estimated upon completion by the Township Engineer. The maintenance guarantee shall meet the other requirements established by § 444-8A for performance guarantees, and it shall guarantee the payment of inspection fees in accordance with § 444-9E during the maintenance period. The maintenance guarantee shall be released by the Township at the end of the two-year period, provided that the maintenance obligation set forth in Subsection A of this section has been fulfilled.
C. 
Release of performance bond. Upon the acceptance of a maintenance guarantee in accordance with the provisions of this chapter, the Township shall release the performance bond furnished in accordance with the provisions of § 444-8.

§ 444-11 Appeals.

A. 
Any person aggrieved by any decision or action of the Township Engineer in the administration of the provisions of this chapter may appeal to the Planning Board in writing, such appeal to be filed with the Township Clerk within 10 days from the date of the decision or action complained of. Upon receipt of such appeal, the Township Clerk immediately shall notify the Chairman of the Planning Board of the filing of such appeal and shall forward all plans and papers relating to such appeal to the Planning Board. The appellant shall be entitled to a hearing before the Planning Board, which shall fix a date therefor not less than 20 days nor more than 30 days from the date of the decision or action which is the subject of the appeal. Upon such hearing or within 10 days thereafter, the Planning Board shall affirm, alter or rescind the decision or action complained of by resolution setting forth written findings of fact and legal conclusions.
B. 
Any person aggrieved by any decision or action of the Township Planning Board in the administration of the provisions of this chapter may appeal to the Superior Court of the State of New Jersey, or other court of competent jurisdiction, in accordance with the provisions of Chapter 310, Land Use, of the Code of the Township of Mine Hill.

§ 444-12 Injunctive relief; violations and penalties.

A. 
If any person violates any of the provisions of this chapter, any of the Standards for Soil Erosion and Sediment Control in New Jersey as promulgated by the State Soil Conservation Committee, or any standard established by this chapter, or if any person fails to comply with the provisions of an approved plan, or any terms or conditions imposed by the municipal authority approving such plan, the Township may institute a civil action in the Superior Court of New Jersey for injunctive relief to prohibit and prevent such violation or violations, and the court may proceed in a summary manner.
B. 
Any person who violates any of the provisions of this chapter, any of the Standards for Soil Erosion and Sediment Control in New Jersey as promulgated by the State Soil Conservation Committee, or any standard established by this chapter, and any person who fails to comply with the provisions of an approved plan, or any terms or conditions imposed by the municipal authority approving such 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 and following). The Superior Court and Municipal Court shall have jurisdiction to enforce the Penalty Enforcement Law. If the violation is of a continuing nature, each day during which it continues shall constitute an additional separate and distinct offense.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).