[HISTORY: Adopted by the Township Committee
of the Township of Kingwood 6-14-1974 by Ord. No. 3-6-74. Amendments noted where
applicable.]
A.
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.
B.
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:
(1)
Maintain the useful life of reservoirs by preventing
sedimentation.
(2)
Prevent dangers to life and property from flooding
resulting from excessive water runoff and clogging of drainage structures.
(3)
Preserve the recreational use of water bodies for
swimming and fishing by preventing stagnation.
(4)
Enhance the recycling of waste water by maintaining
sufficient flows in streams and rivers to maintain oxygen levels.
(5)
Prevent toxic materials, nitrates and pesticides from
entering public water supplies.
(6)
Reduce public expenditures for repair of public facilities
resulting from soil erosion and sedimentation.
(7)
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."
The vertical location of the existing ground surface prior
to cutting or filling.
See "embankment."
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.
A permit issued to authorize work to be performed under this
chapter in situations not requiring subdivision approval or site plan
approval.
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.
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.
A barrier or dam built across a waterway or at other suitable
locations to retain rock, sand, gravel, silt or other material.
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.
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.
Stabilization of erosive or sediment-producing area.
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]
A.
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.
B.
Planning Board approval.
(1)
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.
(2)
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.
(3)
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.
(4)
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:
(5)
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.
C.
Inspection and enforcement.
(1)
The Municipal Engineer shall be charged with enforcing
this chapter and he/she or his designated construction inspector shall
inspect the work.
(2)
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.
(3)
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.
(4)
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:
A.
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.
B.
Location and description of proposed changes to the
site.
C.
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]
D.
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.
A.
General standards. In the preparation of a soil erosion
and sediment control plan, the following general principles of design
shall be adhered to:
(1)
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.
(2)
Temporary plant cover and/or mulching shall be used
to protect critical erosion areas during development.
(3)
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.
(4)
Sediment basins, debris basins, desilting basins or
silt traps shall be installed to remove sediment from runoff waters.
(5)
Permanent final plant cover, such as lawn, ground
cover, etc., shall be installed as quickly as possible on any site.
(6)
Permanent improvements, such as roads, catch basins,
curbs, etc., shall be installed or constructed and completed as quickly
as possible.
B.
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]
A.
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.
B.
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 Chapter 115, Subdivision of Land.
C.
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.
D.
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:
A.
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.
B.
Land disturbance of 5,000 square feet or less of the
surface area of land for the accommodation of construction for which
the Uniform Construction Code of the State of New Jersey would require
a building permit.
[Amended 11-4-2021 by Ord. No. 21-20-2021]
C.
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.
D.
Use of land for gardening primarily for home consumption.
E.
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:58-10 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]
A.
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.
B.
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.
