[HISTORY: Adopted by the Township Committee of the Township of Franklin 8-25-2005 by Ord. No. 2005-16. Amendments noted where applicable.]
GENERAL REFERENCES
Flood damage prevention — See Ch. 199.
Land use — See Ch. 220.
Soil erosion and sediment control — See Ch. 290.
Stormwater control — See Ch. 296.
Stormwater management — See Ch. 297.
Subdivision of land and site plan review — See Ch. 310.
Surface water management — See Ch. 316.
A. 
Applicability. A stormwater management and grading site plan shall be prepared for any project causing soil disturbance of more than one acre or proposed impervious cover of greater than 1/4 acre. It shall be presumed that any land disturbance exceeding these limits will require stormwater structures which must meet the current DEP stormwater regulations and will require site plan review. The calculation of soil disturbance shall be the aggregate of all disturbances on the site or adjacent sites under common ownership or formed by a subdivision within the last five years. This plan shall be reviewed, approved/certified or forwarded to the Land Use Board by the Township Engineer. Such certification or action determination shall be granted prior to sketch plat approval for a minor subdivision, prior to preliminary plat approval for a major subdivision or prior to site plan approval by the Land Use Board, or prior to the issuance of a grading permit by the Construction Department. If the Township Engineer finds that stormwater structures are required, said plan shall be referred to the Land Use Board for review and approval. No grading permit shall be issued without either Township Engineer certification and/or Land Use Board approval. Any development causing a soil disturbance, regardless of the area disturbed, whether or not a building permit is required, shall be reviewed by the Township Engineer for the applicability of this chapter if there exists the possibility that increased rate of water runoff or sedimentation will be caused by the development. If the Township Engineer finds that the development will increase the rate of water runoff or sedimentation will occur, the person causing said soil disturbance shall comply with all provisions of this chapter before proceeding with any additional work. If a project shall cause soil disturbance of more than 5,000 square feet but less than one acre, a soil disturbance and grading plan or stormwater management and grading site plan shall be prepared by the applicant. This plan shall be reviewed, approved and certified by the Township Engineer and by the Hunterdon County Soil Conservation District. In all cases of disturbance greater than 5,000 square feet, the applicant must comply with the soil disturbance provisions of Chapter 290, Soil Erosion and Sediment Control.
B. 
Soil disturbance in excess of 5,000 square feet associated with a swimming pool, septic system modification or driveway modification shall also require approval of a soil disturbance and grading plan in accordance with this section. A foundation plan/location survey and as-built soil disturbance and grading plan or stormwater management and grading site plan shall not be required for a swimming pool, septic system modification, driveway modification or single-family residential extension or accessory building with a footprint of less than 2,500 square feet.
C. 
Soil disturbance for crop farming purposes shall be exempt from this section except for the conditions in § 295-6R, S, T and U, provided that farming is carried out in accordance with a farm conservation plan and Natural Resources Conservation Services land practices plan and the Township Engineer deems the activity exempt based on information submitted. A copy of the NRCS approval and approved plan must be submitted to the Township Engineer for the activities to be considered exempt.
D. 
Planting beds for commercial nursery stock shall not be exempt from this section.
This chapter is deemed essential and necessary to protect the public health, safety and welfare of the citizens of Franklin Township and the surrounding communities by accomplishing the following purposes:
A. 
Meet the stormwater standards set by the New Jersey Department of Environmental Protection for recharge, detention, and quality.
B. 
Maintain the useful life of reservoirs and streams by preventing sedimentation.
C. 
Maintain the maximum recharge of water into the watershed.
D. 
Maintain the rural vista and land flow which defines Franklin Township.
E. 
Prevent dangers to life and property from flooding resulting from excessive water runoff and clogging of drainage structures.
F. 
Preserve the recreational use of water bodies for swimming and fishing by preventing stagnation.
G. 
Enhance the recycling of wastewater by maintaining sufficient flows in streams and rivers to maintain oxygen levels.
H. 
Prevent toxic materials, nitrates and pesticides from entering public water supplies.
I. 
Conserve the taxable value of property by enhancing the environmental character of the Township.
As used in this chapter, the following terms shall have the meanings indicated:
AS-BUILT SOIL DISTURBANCE AND GRADING PLAN
A plan in accordance with the broad principles contained within this chapter which shows the constructed location and elevation of the structure, driveway and grade.
CUT
The 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.
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 material.
EROSION
The wearing away of the land surface by the action of wind, water or gravity.
EXCAVATION
See "cut."
EXISTING GRADE
The vertical location (i.e., elevation) of the existing ground surface prior to cutting or filling.
FILL
See "embankment."
FILL SOURCING PLAN
A plan showing the proposed sourcing of all imported material to the site and the procedures and inspections proposed to ensure that the material used is free of contamination. It shall also include a delivery route and assessment of bridge impact and capacity and cleanup process.
FINISHED GRADE
The final elevation of the ground surface conforming to the proposed design.
FOUNDATION PLAN/LOCATION SURVEY
A plan developed in accordance with the broad principles contained within this section which is to be submitted to the Township Code Enforcement Officer once the foundation is complete and prior to proceeding with the framing of the structure. The plan will be forwarded to the Township Engineer and Zoning Officer for review and approval.
GRADING
Any stripping, cutting, filling, stockpiling or any combination thereof.
GRADING PERMIT
A permit issued to authorize work to be performed under this chapter as shown on the approved soil disturbance and grading plan or stormwater management and grading plan.
GRASSED WATERWAY
A natural or constructed path, usually broad and shallow, covered with erosion-resistant grasses, used to conduct surface water from a field, diversion or other site feature.
INDIVIDUAL STORMWATER MANAGEMENT
One or more system(s) designed to contain the surface water associated with the impervious coverage during a twenty-five-year storm. Development involving the construction of an additional 300 square feet of impervious coverage or less to an existing structure is exempt from providing individual stormwater management.
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 ground surface in its original state before any grading, excavation or filling.
PERMANENT FINAL PLANT COVER
Final grade in compliance with approved plan with established vegetative cover over 95% of the disturbed area.
SEDIMENT
Solid material, both mineral and organic, being transported or has been moved from its site of origin by air, water or gravity as a product of erosion.
SLOPE
The degree of deviation of a surface from the horizontal plane, usually expressed in percent or degree.
SOIL
All unconsolidated mineral and organic material of whatever origin that overlies bedrock and which can be readily excavated.
SOIL DISTURBANCE AND GRADING PLAN
A plan developed in accordance with the broad principles contained in this chapter and based on the specific standards and specifications of the Standards for Soil Erosion and Sediment Control in New Jersey, as promulgated by the State Soil Conservation Committee. Individual stormwater management must be provided if the surface water runoff associated with the impervious coverage is not accounted for in the overall subdivision and/or site plan approval. The soil disturbance and grading plan or stormwater management and grading site plan must comply with all applicable conditions of any prior subdivision, site plan or variance approval.
STABILIZATION PLAN
A plan prepared by a qualified geotechnical engineer which demonstrates that any fill will be safe from movement and or stabilization structures to make it safe, and includes an inspection program for fill stabilization and compaction.
STORMWATER MANAGEMENT PLAN
A plan which is developed in accordance of the DEP stormwater management standards, and shall also include all information required for a soil disturbance and grading plan.
STORMWATER MANAGEMENT SYSTEMS MAINTENANCE PLAN
A plan which covers both site-wide and individual stormwater facilities. It shall identify all required maintenance and responsibility for any and all stormwater management facilities on the site. It shall also identify remedial responsibility if proper maintenance is not followed or for any system failure.
STRIPPING
Any activity which removes or disturbs the vegetative surface cover, including clearing and grubbing operations.
TEMPORARY PROTECTION
Shall be in accordance with Standards for Soil Erosion and Sediment Control in New Jersey:
TOPSOIL
Native material stripped from the site (minimum organic content of not less than 2.75% by weight) containing no stones, lumps, roots or similar objects larger that two inches in any dimension and not less that a 5.8 pH value.
TOWNSHIP CODE ENFORCEMENT OFFICER
The Zoning Officer.
UNDERGROUND RECHARGE SYSTEM(S)
Consists of infiltration tanks and clean stone, not recharge trenches. The bottom of the tanks shall be a minimum of three feet above the seasonal groundwater table or bedrock. The underground recharge system must be a minimum of 20 feet from any building foundation and 100 feet from any septic system. The surrounding soils must have a soil infiltration rate of 0.5 inches per hour or greater. An overflow system shall be provided that connects to the nearest surface drainage facility of adequate hydraulic capacity or discharges away from all structures and septic systems.
VEGETATIVE PROTECTION
Stabilization of erosive or sediment-producing areas by covering the soil with:
A. 
Permanent seeding, producing long-term vegetative cover;
B. 
Short-term seeding, producing temporary vegetative cover; or
C. 
Sodding, producing areas covered with a turf of perennial sod-forming grass.
WATERCOURSE
Any natural or artificial waterway, stream, river, creek, ditch, channel, canal, conduit, culvert, drain waterway, gully, ravine or wash in which water flows in a definite direction or course, either continuously or intermittently, and which has a definite channel bed and banks, and includes any area adjacent thereto subject to inundation by reason of overflow or floodwater.
A. 
The applicant shall submit four signed and sealed copies of the soil disturbance and grading plan or stormwater management and grading site plan prepared by a licensed professional engineer in the State of New Jersey to the Township Code Enforcement Officer. These plans shall be drawn at a minimum scale of one inch equals 30 feet and should show the following:
(1) 
Soil disturbance and grading plan.
(a) 
Existing grades;
(b) 
Proposed grading;
(c) 
Proposed building and structure locations, including dimensional ties from the building to the property lines, adjacent buildings, tract lines, etc.;
(d) 
Spot elevations and flow arrows;
(e) 
Location of the proposed septic system and driveway, including the materials of construction and grade of the driveway;
(f) 
Location of existing and proposed drains and culverts;
(g) 
Calculations of the storage capacity of the recharge system versus the increased surface water associated with the impervious coverage;
(h) 
Seed mixture of 40% turf-type tall fescue, 10% creeping red fescue, 10% chewing fescue, 10% Kentucky bluegrass, and 30% turf-type perennial ryegrass or a mixture of 60% of Kentucky bluegrass, 20% turf-type perennial ryegrass and 20% chewing fescue shall be identified. The seed mixture shall be applied at a rate of 200 pounds per acre during optimal seeding period from March 1 to May 15 and August 15 to October 1. Outside the optimal seeding period the seeding rate shall be increased by 50%;
(i) 
Proposed limit of tree clearing;
(j) 
All trees eight inches or greater in diameter at breast height (dbh) and all ornamental trees with a dbh of four inches;
(k) 
Delineation of any area subject to flooding from the one-hundred-year storm in compliance with the Floodplains Act (N.J.S.A. 58:16A-1 et seq.);
(l) 
Delineation of streams within the subject property;
(m) 
Soil erosion and control devices;
(n) 
Proposed finished floor elevation;
(o) 
Top of foundation elevation for the structure; and
(p) 
The controlling floodplain elevation for the site.
(2) 
Stormwater management and grading plan.
(a) 
Existing soil types.
(b) 
Existing land uses for the prior five years.
(c) 
Preexisting grades for the prior five years if different from the existing grades.
(d) 
Hydrological/Hydraulic analysis following generally accepted methodologies specified in RSIS for evaluating stormwater runoff rates, volumes and water quality.
(e) 
Infiltration test (for imperious structures greater than 1/4 acre).
(f) 
Stormwater management structures and BMPs to meet RSIS and DEP standards for two-, ten- and one-hundred-year storms.
(g) 
Stormwater management systems maintenance plan.
(h) 
Stabilization plan.
(i) 
Fill sourcing plan.
(j) 
Soil disturbance and grading plan.
B. 
Four copies of the applicable soil maps, soil interpretations, or other resource data used. (Delineation of the project site on soil maps, if available).
C. 
Four copies of a narrative soil erosion and sediment control plan indicating (this information may be detailed on the plat if space permits):
(1) 
Proposed sequence of development.
(2) 
Proposed starting date of each phase in the sequence.
(3) 
Identification of land areas to be disturbed and length of time the soil in each area will be unprotected.
(4) 
Proposed date to complete each phase of development.
(5) 
Planned soil erosion and sediment control measures and facilities, including cross sections and plan views, with supporting computations, based upon standards promulgated by the New Jersey Soil Conservation Commission.
(6) 
Plans for maintenance of permanent soil erosion and sediment control measures and facilities during and after construction, including responsibility for maintenance of facilities.
D. 
Review.
(1) 
The application shall be date and time stamped by the Township Code Enforcement Officer when received, and the applicant shall be furnished with a copy of said application with said date and time stamp. The Township Code Enforcement Officer shall forward the soil disturbance and grading plan or stormwater management and grading site plan application to the Township Engineer and Township Zoning Officer within three days. The Township Engineer and Township Zoning Officer shall have 21 days from receipt of the application by the Township Code Enforcement Officer to provide written notice to the Township Code Enforcement Officer that:
(a) 
The plan was approved; or
(b) 
The plan was approved subject to the attached conditions;
(c) 
The plan was denied approval with the reasons for denial stated therein; or
(d) 
The plan was forwarded to the Land Use Board for review and approval.
(2) 
The Township Zoning Officer shall review the plan for compliance with setbacks as defined by Chapter 220, Land Use, or action taken by the Land Use Board with any subdivision, site plan or variance approval. The Township Engineer shall confirm compliance with the requirements of this chapter and determine if review is required by the Land Use Board.
E. 
Following Township approval of the soil disturbance and grading plan or stormwater management and grading site plan, a grading permit will be issued. Upon issuance of the grading permit and receipt of a building permit (if applicable), soil disturbance activities may begin. An example of a grading permit is attached to this chapter.[1] Phasing of said soil disturbance is to be discussed at any preconstruction conference.
[1]
Editor's Note: The example of a grading permit is on file in the Clerk's office.
F. 
Foundation plan/location survey.
(1) 
The applicant shall provide three copies of the foundation plan/location survey to the Township Code Enforcement Officer showing the actual location of the foundation as constructed prior to proceeding with the framing of the structure. The applicant's surveyor shall certify the building tie dimensions to determine compliance with all of the specific zoning regulations, including relationship between buildings. The certified survey should show:
(a) 
As-built elevations of the top of foundation;
(b) 
Minimum required floodplain elevation; and
(c) 
The dimensions from building to property lines.
(2) 
One of the three copies of the foundation plan/location survey will be forwarded to the Township Zoning Officer to confirm continued compliance with setbacks as defined by Chapter 220, Land Use, or action taken by the Land Use Board with any subdivision, site plan or variance approval. The second copy will be forwarded to the Township Engineer to confirm compliance with the approved soil disturbance and grading plan or stormwater management and grading site plan and the requirements of this chapter. An example of a foundation plan/location survey review form is attached to this chapter.[2]
[2]
Editor's Note: The example of a foundation plan/location survey review form is on file in the Clerk's office.
G. 
In the event of any proposed change in the approved soil disturbance and grading plan or stormwater management and grading site plan, a revised plan must be submitted to the Township Code Enforcement Officer. The amended plan will be reviewed by the Township Engineer and a revised grading permit will be issued provided compliance with this chapter.
H. 
Prior to the covering of any individual stormwater management facilities, the applicant must contact the Township Engineer directly for an inspection to confirm that the facilities comply with the approval. An example of the individual stormwater management inspection form is attached.[3]
[3]
Editor's Note: The example of the individual stormwater management inspection form is on file in the Clerk's office.
I. 
Prior to issuance of the certificate of occupancy, the applicant must submit three copies of the as-built soil disturbance and grading plan or stormwater management and grading site plan to the Township Code Enforcement Officer. One of the three copies of the as-built soil disturbance and grading plan or stormwater management and grading site plan will be forwarded to the Township Engineer to confirm compliance with the approved soil disturbance and grading plan or stormwater management and grading site plan. The second will be forwarded to the Township Zoning Officer to confirm compliance with setbacks as defined by the Chapter 220, Land Use, or action taken by the Land Use Board with any subdivision, site plan or variance approval.
(1) 
This plan must show:
(a) 
As-built final grading around the proposed structure; and
(b) 
Final location survey of the structure and any related driveway, sidewalk, deck or patio improvements that may have been installed.
(2) 
Topsoil, seed and mulch must be spread on the finished grade, and signs of vegetative growth must be present on 80% of the disturbed areas and permanent final plant cover must be present in grassed swales and slopes in excess of 5% prior to issuance of a certificate of occupancy.
J. 
Upon submission of the as-built soil disturbance and grading plan or stormwater management and grading site plan to the Township Code Enforcement Officer, the applicant may request that the Township Engineer inspect the property for compliance with the approved grading permit and establishment of the required vegetation. The applicant shall contact the Township Engineer directly to request the inspection; however, no inspection will be performed until the Township Engineer receives the as-built soil disturbance and grading plan or stormwater management and grading site plan. The applicant will be notified of the Township Engineer decision via a certificate of occupancy inspection form within three business days of the inspection. An example of the certificate of occupancy inspection form is attached.[4]
[4]
Editor's Note: The example of the certificate of occupancy is on file in the Clerk's office.
K. 
Following complete vegetation of the disturbed area, the Township Engineer will recommend the release of the performance guaranty. The area of disturbance must have permanent final plant cover for the performance guaranty to be released. An example of the performance bond inspection form is attached.[5]
[5]
Editor's Note: The performance bond inspection form is on file in the Clerk's office.
A. 
The soil disturbance and grading plan or stormwater management and grading site plan or any major amendment shall be reviewed and approved by the Township Engineer on behalf of the Township in the manner and form according to the regulations hereafter set forth. In the case of subdivisions and/or site plans, such review and approval shall be part of the subdivision and/or site plan review process. In all other instances, review and approval or denial shall be made within 21 days of submission of a complete application to the Township Code Enforcement Officer.
B. 
The applicant shall be provided with a written notice of such decision by the Township Engineer. A copy of the decision, including the name of the applicant, site location by street address and block and lot number and the proposed land use, shall be distributed by the Township Engineer to the Hunterdon County Soil Conservation District, where applicable, the Construction Department, and the applicant. The Township, in approving the soil disturbance and grading plan or stormwater management and grading site plan, may impose lawful conditions or requirements designated or specified on or in connection therewith. These conditions and requirements shall be provided and maintained as a condition to the establishment, maintenance, and continuance of any use or occupancy of any structure or land.
In the preparation of a soil disturbance and grading plan or stormwater management and grading site plan, the following general principles of design shall be adhered to:
A. 
The smallest practical area of land shall be exposed at any one time during development, and when feasible, natural vegetation shall be retained and protected.
B. 
Temporary plant cover and/or mulching shall be used to protect critical erosion areas during construction or other disturbance.
C. 
Temporary diversions and outlets shall be constructed and/or installed to accommodate the increased runoff caused by the changed soil and surface conditions during development.
D. 
Sediment shall be retained on the site to the maximum extent feasible.
E. 
Permanent final plant cover (lawn, ground cover, etc.) shall be installed as quickly as possible on any site but must be installed within 90 days.
F. 
Permanent final plant cover must be established in grassed swales and on slopes in excess of 5% prior to issuance of a certificate of occupancy unless weather conditions commonly encountered during winter months (December to March) prohibit vegetative growth. All other areas must have signs of vegetative growth from planted grass seeds on 80% of the disturbed areas prior to issuance of a certificate of occupancy, unless weather conditions identified above exist.
G. 
The finished grade around mature trees, which are to remain, should be the same as the existing grade. Tree wells or other means may be necessary to assure the health of existing mature trees upon completion of grading activities. Tree protection fence must be installed prior to construction activities and maintained throughout construction at the dripline of all trees to remain following construction.
H. 
The first floor elevation of any structure shall not be more than 3.5 feet above the original average existing front grade of the proposed structure.
I. 
Permanent final plant cover must be fully established throughout the entire area of disturbance and grading must be per the approved plan prior to the release of any performance guaranties.
J. 
The plan shall coordinate with the stormwater management plan approved by the Land Use Board, if part of a major subdivision and/or site plan. Inlets and drainage patterns of the major subdivision and/or site plan must be considered in the preparation of the soil disturbance and grading plan or stormwater management and grading site plan.
K. 
All soil disturbance and grading plans or stormwater management and grading site plans must contain individual stormwater management unless otherwise noted in the resolution of approval for the subdivision, site plan or variance or the development involves the construction of an additional 300 square feet of impervious coverage or less to an existing structure. The individual stormwater management system must be able to contain the surface water associated with the impervious coverage during a twenty-five-year storm. The construction details of the system must be defined on the plan. The Township Engineer must be notified of the installation of the system in order to schedule an inspection.
L. 
The disturbed area shall have a minimum of four inches of topsoil spread to finished grade according to the approved soil disturbance and grading plan or stormwater management and grading site plan. The seed mixture shall be incorporated into the top 1/4 inch to 1/2 inch of the topsoil at a rate of 200 pounds per acre. Outside the optional seeding periods of March 1 to May 15 and August 15 to October 1, the rate of seeding shall be increased by 50%. Seedings shall receive an application of fertilizer such as 10-10-10 or equivalent approximately six months after the first application. Straw or hay mulch shall be spread uniformly at a rate of two to 2 1/2 tons per acre when vegetative cover cannot be established due to the season or other conditions. Jute matting shall be installed in critical drainage swales.
M. 
Minimum of 2% slope shall be provided for all overland areas and swales.
N. 
No slopes greater than 3:1 shall be created by the proposed land disturbance.
O. 
All conditions of Chapter 166, Driveways, shall be complied with.
P. 
The individual stormwater management systems must be at least 20 feet from the building foundation and 100 feet from any septic system.
Q. 
Landscape retaining walls may be proposed in accordance with the zoning requirements of an accessory structure.
R. 
No fill shall be allowed on slopes greater than 15%.
S. 
Fill of any depth on slopes of 15% to 20% and fill of any depth on slopes of 20% to 30% shall require a soil-slope stability report and stabilization plan submitted by a qualified geotechnical engineer to show that the fill is designed to be safe and free from movement. It should include design of stability structures and a compaction plan. The compaction plan shall be inspected and certified by the geotechnical engineer after every lift and shall be submitted for review and approval by the Township Engineer upon completion, prior to issuance of any further permits for construction on the site.
T. 
Fill brought on site must be free of any contamination. A certification must be submitted along with appropriate inspections to demonstrate the source of all fill and its cleanliness. The municipality may obtain samples of inbound material for analysis at the applicant's expense.
U. 
Fill brought on site shall be limited to 100 cubic yards per acre.
A. 
The detailed plans, specifications and standards in any soil disturbance and grading plan or stormwater management and grading site plan shall be dictated by the characteristics of the site to be developed and the nature of the development. All such plans shall utilize the Standards for Soil Erosion and Sediment Control in New Jersey, as promulgated by the State Soil Conservation Committee and RSIS and DEP.
A. 
A performance guaranty shall be posted by the applicant for the performance and completion of the grading and permanent vegetation cover per the approved soil disturbance and grading plan or stormwater management and grading site plan. The Township may require the posting of an additional performance bond to address uncompleted work defined in the approved plan prior to issuance of the certificate of occupancy when frozen ground prevents spreading of topsoil or winter months prevent growth or vegetative cover. All work covered under the above bonds must be completed by the next May 1.
B. 
All necessary soil erosion and sediment control measures installed under this chapter shall be adequately maintained for a minimum of one year after initiation of site disturbance or until such measures are permanently stabilized as determined by the Township Engineer. The Township Engineer shall give the applicant, upon request, a certificate indicating the date on which the measures called for in the approved plan were completed.
A. 
Inspection shall be by the Township Engineer during construction, and the applicant shall be required to have a certified plan on site during construction. The applicant shall allow for at least three business days from request for inspection for the performance of the inspection and the issuance of any approval or denial.
B. 
The Township Engineer may issue a stop-construction order if the applicant fails to comply with the provisions of the approved plan within five working days of written notice of deviation or if a project is not being executed in accordance with an approved plan.
C. 
No certificate of occupancy shall be issued unless there has been compliance with the provisions of approved soil disturbance and grading plan or stormwater management and grading site plan and grading permit. A formal report of such compliance shall be filed with the Township Code Enforcement Officer, with a copy to the Hunterdon County Soil Conservation District. An example of the certificate of occupancy inspection is attached to this chapter.
A. 
Soil erosion and sediment control measures must be installed prior to site disturbance.
B. 
Construction must begin within six months of any approval or the approval is null and void, and a new application must be submitted for review and approval.
A. 
The applicant shall pay a review escrow at the time of submission of the soil disturbance and grading plan or stormwater management and grading site plan based on the estimated cost to the Township to have its professional staff review the proposed project. The review escrow as provided in Chapter 182, Fees, shall be posted for the review and approval of the soil disturbance and grading plan or stormwater management and grading site plan, and the foundation plan location survey, for all except swimming pools, septic system modifications, driveway modifications or single-family residential extensions or accessory buildings with a footprint of less than 2,500 square feet.
B. 
The inspection escrow as provided in Chapter 182, Fees, shall be submitted to the Township prior to the approval of the soil disturbance and grading plan or stormwater management and grading site plan based on the estimated cost to the Township to have its professional staff inspect the proposed project. The inspection escrow shall be for the performance of site inspections and review of the as-built soil disturbance and grading plan or stormwater management and grading site plan to confirm site conditions are in accordance with the approved plans, for all except swimming pools, septic system modifications, driveway modifications or single-family residential extensions or accessory buildings with a footprint of less than 2,500 square feet.
C. 
The review escrow for swimming pools, septic system modifications and driveway modifications shall be as provided in Chapter 182, Fees, for review and approval of the soil disturbance and grading plan or stormwater management and grading site plan. The inspection escrow shall be as provided in Chapter 182 for the performance of site inspections. Submission of foundation plan location surveys and as-built soil disturbance and grading plans or stormwater management and grading site plans are not required for pools or septic modifications, driveway modifications or single-family residential extensions or accessory buildings with a footprint of less than 2,500 square feet.
D. 
The applicant may be required to supplement the review and/or inspection escrow based on additional reviews or inspections not anticipated under normal circumstances.
E. 
Prior to the issuance of the certificate of occupancy, sufficient escrow funds must be available.
F. 
Upon request, all unused escrow will be returned following completion and billing of all professional services.
The Township may refer review/approval of the soil disturbance and grading plan or stormwater management and grading site plan for soil erosion and sedimentation control measures to the Hunterdon County Soil Conservation District or such other local, county, state, or federal agency as may be particularly qualified to review the plan.
A. 
If any person violates the provisions of this chapter, any standards promulgated pursuant to the provisions of this chapter, or fails to comply with the provisions of the certified plan, the Township may institute a civil action in Superior Court for injunctive relief to prohibit and prevent such violation or violations, and the Court may proceed in a summary manner. The person will be liable to a penalty of not less than $25 and not more than $3,000 to be collected in a summary proceeding pursuant to the Penalty Enforcement Law (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 such Penalty Enforcement Law.
B. 
If the violation is of a continuing nature, each day during which it continues shall constitute and additional separate and distinct offense.
C. 
In addition to the civil remedies provided herein the provisions of this chapter shall be enforceable by the Zoning Officer.
[Added 11-28-2005 by Ord. No. 2005-19]