[HISTORY: Adopted by the Borough Council
of the Borough of Beach Haven 3-12-2018 by Ord. No. 2018-1C. Amendments noted
where applicable.]
This chapter shall be known as the "Borough of Beach Haven Soil
Erosion and Sediment Control Chapter."
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.
Any word or term not interpreted or defined in this section
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 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 in accordance with standards as adopted by the State Soil
Conservation Committee.
Any act by which soil or rock is cut into, dug, quarried,
uncovered, removed, displaced or relocated.
Any ground, soil, or earth, including marshes, swamps, drainageways
and areas not permanently covered by water within the Borough.
Any activity involving the clearing, grading, transporting,
filling and any other activity which causes land to be exposed to
the danger of erosion.
A plot of land containing not less than the minimum land area as prescribed in Chapter 212 of the Borough Code.
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.
Solid material, both mineral and organic, that is in suspension,
is being transported, or has been moved from its site of origin by
air, water or gravity as a product of erosion.
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 Borough, organized in accordance with the provisions of N.J.S.A.
4:24.
The standards promulgated by the State Soil Conservation
Committee in the Department of Agriculture pursuant to the provisions
of N.J.S.A. 4:24-39 et seq.
An agency of the state established in accordance with the
provisions of N.J.S.A. 4:24.
Any activity which significantly disturbs vegetated or otherwise
stabilized surfaces, including clearing and grubbing operations.
No land area shall be disturbed by any person within this Borough
unless the applicant has submitted a plan to Code Enforcement prior
to a building permit being issued to provide for soil erosion and
sediment control for such land area in accordance with the "Standards
for Erosion and Sediment Control" adopted by the New Jersey State
Soil Conservation Committee.
The applicant shall submit a separate soil erosion and sediment
control plan for each noncontiguous site. The applicant may consult
with the Ocean County Soil Conservation District in the selection
of appropriate erosion and sediment control measures and the development
of the plan. The plan shall contain:
A.
Location and description of proposed and existing natural and man-made
features on and surrounding the site, including general topography
with one-foot contour in M.S.L. datum and a copy of the soil conservation
district survey (where available).
B.
Location and description of proposed changes to the site.
C.
Measures for soil erosion and sediment control which must meet the
"Standards for Soil Erosion and Sediment Control," adopted by the
State Soil Conservation Committee.
Control measures shall apply to all aspects of the proposed
land disturbance and shall be in operation during all stages of the
disturbance activity. The following principles shall apply to the
soil erosion and sediment 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
measures shall be used to protect exposed critical areas during construction
or other land disturbance.
E.
Drainage provisions shall accommodate increased runoff resulting
from modified soil surface conditions during and after development
or disturbance. Such provisions shall be in addition to all existing
requirements and in agreement with proposed county drainage.
F.
Water runoff shall be minimized to the maximum extent feasible.
G.
Diversions, sediment basins, and similar required structures shall
be installed prior to any on-site grading or disturbance.
H.
Silt barriers shall be installed and maintained during all stages
of the disturbance activity.
I.
Hay bales or filter cloth shall be utilized on any storm basins adjacent
to the disturbance activity.
J.
The streets adjacent to any site must be swept and maintained after
each work day, if necessary, in order to remove soil, sediment and
other debris caused by the disturbance activity.
All necessary soil erosion and sediment control measures installed
under the provisions of this chapter shall be adequately maintained
until issuance of a certificate of occupancy and the site is fully
stabilized.
Any person who violates any provision of this chapter or fails
to comply with the provisions of the certified plan shall be liable
to a penalty of not less than $100 nor more than $3,000, court appearance
required, to be collected in a summary proceeding pursuant to the
penalty enforcement laws of the State of New Jersey. (N.J.S.A. 2A:58-1
et seq.). The Superior Court, County Court, County District Court
and Municipal Court shall have jurisdiction to enforce said penalty
enforcement law. If the violation is of a continuing nature, each
day during which it continues shall constitute an additional and separate
offense.
The following activities are specifically exempted from this
chapter:
A.
Land disturbances associated with construction activities upon lots
which have obtained prior final subdivision approval prior to the
enactment of this chapter and which conform to all requirements of
the land subdivision and zoning chapters of the Borough Code together
with any amendments thereto.
B.
Use of land primarily for home gardening.
The requirements of this chapter shall be enforced by the Code Enforcement Officer who shall also inspect or require adequate inspection of the work. If the Code Enforcement Officer finds existing conditions not as stated in the applicant's erosion and sediment control plan, he may refuse to approve further work and may require necessary erosion and sediment control measures to be promptly installed and may seek other penalties as provided in § 172-9 of this Chapter. The applicant shall maintain the erosion and sediment control plan on the site of the work during all construction. The land shall be readily available for inspection by the Code Enforcement Officer.
