[HISTORY: Adopted by the Township Committee of the Township of Kingwood 6-14-1974 as Ord. No. 3-6-74. Amendments noted where applicable.]
General intent. The general intent of this chapter is to control soil erosion and sedimentation precipitated by development and caused by water runoff, soil disturbances, destruction or removal of ground cover or plant life and grading and filling.
Purposes. This chapter is deemed essential and necessary to protect the public health, safety and welfare of the citizens of Kingwood Township and the surrounding communities by accomplishing the following purposes:
Maintain the useful life of reservoirs by preventing sedimentation.
Prevent dangers to life and property from flooding resulting from excessive water runoff and clogging of drainage structures.
Preserve the recreational use of water bodies for swimming and fishing by preventing stagnation.
Enhance the recycling of waste water by maintaining sufficient flows in streams and rivers to maintain oxygen levels.
Prevent toxic materials, nitrates and pesticides from entering public water supplies.
Reduce public expenditures for repair of public facilities resulting from soil erosion and sedimentation.
Conserve the taxable value of property by enhancing the environmental character of the township.
The following definitions shall apply in the interpretation and enforcement of this chapter, unless otherwise specifically stated:
- 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 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 wearing away of the land surface by the action of wind, water or gravity.
- See "cut."
- EXISTING GRADE
- The vertical location of the existing ground surface prior to cutting or filling.
- See "embankment."
- FINISHED GRADE
- The final elevation of the ground surface conforming to the proposed design.
- Any stripping, cutting, filling, stockpiling or any combination thereof and includes the land in its cut or filled condition.
- GRADING PERMIT
- A permit issued to authorize work to be performed under this chapter in situations not requiring subdivision approval or site plan approval.
- 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.
- 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.
- 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.
- SEDIMENT BASIN
- A barrier or dam built across a waterway or at other suitable locations to retain rock, sand, gravel, silt or other material.
- SEDIMENT POOL
- The reservoir space allotted to the accumulation of submerged sediment during the life of the structure.
- Degree of deviation of a surface from the horizontal, usually expressed in percent or degree.
- All unconsolidated mineral and organic material of whatever origin that overlies bedrock and which can be readily excavated.
- SOIL EROSION AND SEDIMENTATION CONTROL PLAN
- A plan developed in accordance with the broad principles contained
in this chapter and based on the specific standards and specifications set
forth in the Standards for Soil Erosion and Sediment Control in New Jersey
as Promulgated by the State Soil Conservation Committee.[Amended 5-31-1978 by Ord. No. 4-6-78]
- Any activity which removes or disturbs the vegetative surface cover, including clearing and grubbing operations.
- TEMPORARY PROTECTION
- Stabilization of erosive or sediment-producing area.
- VEGETATIVE PROTECTION
- Stabilization of erosive or sediment-producing areas by covering the soil with:
- Any natural or artificial waterway, stream, river, creek, ditch, channel, canal, conduit, culvert, drain, waterway, gully, ravine or wash on 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.
[Amended 3-19-1976 by Ord. No. 3-5-76; 5-31-1978 by Ord. No. 4-6-78]
Applicability. Approval of an application for development, including a subdivision plat, a site plan, a planned development, conditional use, zoning variance or building permit, by any township officer, agency or board shall be conditioned upon certification by the Planning Board of a plan for soil erosion and sediment control.
Planning Board approval.
The soil erosion and sediment control plan or any major amendment shall be approved by the Planning Board in the manner and form and according to the regulations hereinafter set forth.
The Planning Board, in approving said soil erosion and sediment control 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.
The Planning Board shall grant or deny certification within a period of 30 days of submission of a complete application unless, by mutual agreement in writing between the Planning Board and the applicant, this period is extended for an additional 30 days. Failure of the Planning Board to make a decision within such period or such extension thereof shall constitute certification.
The applicant's plan shall be reviewed by the Municipal Engineer, who shall report to the Planning Board. The applicant shall be provided with a written notice of the decision by the Planning Board. The notice shall indicate whether:
A copy of the Planning Board's decision, including the name of the applicant, the site location by street address and block and lot number and the proposed land use, shall be sent to the Hunterdon County Soil Conservation District. The municipality shall also make available such other information as may be required by the district.
Inspection and enforcement.
The Municipal Engineer shall be charged with enforcing this chapter and he/she or his designated construction inspector shall inspect the work.
If the Municipal Engineer or his designated construction inspector finds that existing on-site conditions are not as represented in the applicant's certified plan, he/she shall refuse to approve further work and shall require that any necessary soil erosion and sediment control measures be promptly installed and may require the applicant to submit a revised plan.
The applicant shall be required to have the approved certified plan on site during construction. The Municipal Engineer may issue a stop construction order if the project is not being executed in accordance with the certified plan.
No certificate of occupancy for a project shall be issued unless there has been compliance with the provisions of the certified plan for permanent measures to control soil erosion and sedimentation. The Municipal Engineer shall file a formal report as to compliance with the municipal agent authorized to issue certificates of occupancy. A copy of the report shall be simultaneously forwarded to the Hunterdon County Soil Conservation District.
The applicant for approval of a soil erosion and sediment control plan shall submit a separate plan for each site. Such plan shall contain:
Location of existing natural and man-made features on and surrounding the site, including general topography and soil characteristics, and a copy of the Soil Conservation Districts soil survey, where available.
Location and description of proposed changes to the site.
Measures for soil erosion and sediment control, which must meet or exceed the standards and specifications set forth in the Standards for Soil Erosion and Sediment Control in New Jersey as Promulgated by the State Soil Conservation Committee.
[Amended 5-31-1978 by Ord. No. 4-6-78]
A schedule of the sequence of installation or planned erosion and sediment control measures as related to the progress of the project, including starting and completion dates.
General standards. In the preparation of a soil erosion and sediment control plan, the following general principles of design shall be adhered to:
The smallest practical area of land shall be exposed at any one time during the development, and, when feasible, natural vegetation shall be retained and protected.
Temporary plant cover and/or mulching shall be used to protect critical erosion areas during development.
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.
Sediment basins, debris basins, desilting basins or silt traps shall be installed to remove sediment from runoff waters.
Permanent final plant cover, such as lawn, ground cover, etc., shall be installed as quickly as possible on any site.
Permanent improvements, such as roads, catch basins, curbs, etc., shall be installed or constructed and completed as quickly as possible.
Detailed standards. The detailed plans, specifications and standards in any soil erosion and sedimentation control 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 and specifications set forth in the Standards for Soil Erosion and Sediment Control in New Jersey as Promulgated by the State Soil Conservation Committee.
[Amended 5-31-1978 by Ord. No. 4-6-78]
Timing. The Planning Board shall require the construction and/or installation of improvements or such other measures necessary to prevent soil erosion and sedimentation prior to any site development work or the start of construction.
Bonding. Improvements or such other measures on an approved soil erosion and sedimentation control plan as may be required subsequent to the start of construction or site development work may be deferred until such appropriate time as when required. The Planning Board may provide for the posting of performance guaranties and maintenance bonds in the same manner as provided in the Subdivision Ordinance of Kingwood Township.
Review. The Planning Board may refer soil erosion and sediment control plans to the Hunterdon County Soil Conservation District or such other local, county, state or federal agency as may be particularly qualified to review said plan.
Special situations. In the event land is proposed to be cleared, graded, transported or otherwise disturbed and where subdivision approval or site plan approval is not required, a grading permit shall be required. Said permit shall be issued by the Township Engineer after the Township Engineer's approval of a soil erosion and sediment control plan. The Township Engineer may waive the requirement for a grading permit if, in his opinion, no apparent danger exists from soil erosion or sedimentation.
[Amended 5-31-1978 by Ord. No. 4-6-78; 6-16-1978 by Ord. No. 4-9-78]
The following activities are specifically exempt from this chapter:
Land disturbance associated with the construction of a single-family dwelling unit unless such dwelling unit is part of a proposed subdivision, site plan, special exception, zoning variance, planned unit development or building permit application involving two or more such single-family units.
Land disturbance of 5,000 square feet or less of the surface area of land for the accommodation of construction for which the Standard Building Code of the State of New Jersey would require a building permit.
Land disturbance associated with existing single-family dwelling units or an area of 5,000 square feet or less associated with existing two-family dwelling units.
Use of land for gardening primarily for home consumption.
Agricultural use of lands.
[Amended 5-31-1978 by Ord. No. 4-6-78]
If any person, firm or corporation violates any provision of this chapter or any standard promulgated pursuant to the provisions of the Act authorizing this chapter and adopted by reference herein, or fails to comply with the provisions of a certified plan, the municipality may institute a civil action in the Superior Court for injunctive relief to prohibit and prevent such violation or violations. In addition, said person, firm or corporation 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 et seq.), at the discretion of the court or jurisdictional officer before whom such proceeding may be brought. If the violation is of a continuing nature, each day during which it continues shall constitute an additional, separate and distinct offense.
[Added 3-19-1976 by Ord. No. 3-5-76]
The applicant for approval of a soil erosion and sediment control plan shall, at the time of filing such application, deposit with the Secretary of the Planning Board, to cover the cost of engineering, legal, administrative and inspections services, the sum of $200 plus an amount equal to 6% of the anticipated cost of temporary and permanent seeding, mulching, temporary and permanent diversion and earthwork as estimated by the applicant or his engineer. Prior to the time that the Planning Board approves the soil erosion and sediment control plan submitted as aforesaid, the Planning Board shall estimate the cost of the temporary and permanent seeding, mulching, temporary and permanent diversion and earthwork. In the event that 6% of the estimated cost as aforesaid anticipated by the applicant or his engineer shall be less than 6% of the estimated cost aforesaid as finally determined by the Planning Board, the Planning Board shall, prior to approving the soil erosion and sediment plan, require the applicant to deposit with the Planning Board Secretary a sum of money equivalent to the difference between 6% of the cost estimated by the applicant and 6% of the cost estimated by the Planning Board.
If, after satisfactory implementation of the plan as approved by the Planning Board, the Planning Board shall determine that the fees deposited by the applicant as aforesaid to cover the cost of engineering, legal, administrative and inspections exceed the expenses actually incurred by the township for such services, the applicant, upon written request made within one year from the date that the plan has been implemented, shall be entitled to the return of the amount by which its fees exceed such actual costs, without interest.