[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.]
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."
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.
A.
APPLICANT
APPLICATION
APPROVED PLAN
CERTIFICATION
COMPLETE APPLICATION
CONDITIONAL USE
CONSTRUCTION PERMIT
CRITICAL AREA
CUT
DETENTION POND OR BASIN
DIVERSION
EMBANKMENT
EROSION
EXCAVATION
EXISTING GRADE
FARM CONSERVATION PLAN
FILL
FINISHED GRADE
FLOODPLAIN
GOVERNMENT AGENCY
GRADING
LAND
LAND DISTURBANCE
LAND DISTURBANCE PERMIT
MORRIS COUNTY SOIL CONSERVATION DISTRICT
MULCHING
NATURAL GROUND SURFACE
PERMIT
PERSON
PLAN
PLANNED DEVELOPMENT
PROFESSIONAL ENGINEER
PROJECT
SEDIMENT
SEDIMENT BASIN
SITE
SITE PLAN
SLOPE
SOIL
SOIL EROSION, SEDIMENT CONTROL AND FLOOD PREVENTION PLAN
SOILS ENGINEER
STANDARDS
STATE STANDARDS
STRIPPING
SUBDIVISION
TEMPORARY PROTECTION
VEGETATIVE PROTECTION
WATERCOURSE
ZONING VARIANCE
Definitions. As used in this chapter, the following terms shall have
the meanings indicated:
A person requesting the issuance of a land disturbance permit.
A submission meeting the requirements of a complete application,
as hereinafter defined.
A plan, as hereinafter defined, which has been reviewed and
approved by the proper Township authority.
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.
The submission to the Township Clerk of the following:
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.
A permit issued for a building or structure in accordance
with the State Uniform Construction Code Act and regulations promulgated
thereunder.
An area which has a high potential for erosion, sedimentation
or related environmental damage, or an area which has experienced
such damage.
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.
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.
A channel with or without a supporting ridge on the lower
side constructed across or at the bottom of a slope.
A man-made deposit of soil, rock or other materials.
The detachment, wearing away or movement of soil or rock
fragments by the action of water, wind, ice or gravity.
Any act by which soil or rock is cut into, dug, quarried,
uncovered, removed, displaced or relocated.
The vertical location of the existing ground surface prior
to cutting or filling.
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.
A man-made deposit of soil, rock or other materials.
The final grade or elevation of the ground surface conforming
to a proposed design.
The land bordering or adjacent to a river, stream, brook,
lake, pond, swamp or other waterway which is subject to flooding as
evidenced by:
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.
Any stripping, cutting, filling or stockpiling, or any combination
thereof, this term including the land in its cut or filled condition.
Any ground, soil or earth, including marshes, swamps, drainageways
and areas not permanently covered by water.
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.
A permit issued pursuant to the provisions of this chapter
authorizing land disturbance subject to the terms and conditions of
the permit.
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.
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.
The existing surface of land prior to any land disturbance.
See "land disturbance permit."
Any individual, partnership, corporation or other legal entity,
including a government agency.
See "soil erosion, sediment control and flood prevention
plan."
An engineer duly registered or licensed by the State of New
Jersey to practice in the field of civil engineering.
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.
Soil material, both mineral and organic, that is in suspension,
is being transported or has been removed from its site of origin by
erosion.
A pond, basin or other structure or measure that provides
for the detention of water and the deposit of sediment.
A lot, tract or parcel of land or a combination of continuous
lots, tracts or parcels of land.
The degree of deviation of a surface from the horizontal
usually expressed in percent or degrees.
All unconsolidated mineral and organic material of whatever
origin which overlies bedrock and which can be readily excavated.
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.
A professional engineer who is qualified by education, training
and experience to practice applied soil mechanics and foundation engineering.
See "state standards."
Standards for Soil Erosion and Sediment Control in New Jersey
as promulgated by the State Soil Conservation Committee.
Any activity which removes or significantly disturbs vegetated
or otherwise stabilized soil surface, including clearing and grubbing
operations.
Stabilization of erosive or sediment-producing areas of land.
Stabilization of erosive or sediment-producing areas of land
by covering the soil with one or more of the following:
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.
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.
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]
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]
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]
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.
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.
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.
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.
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]
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.
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.
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.
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]
