[HISTORY: Adopted by the Board of Commissioners of the Township of Long Beach 7-5-2002 by Ord. No. 02-08C. Amendments noted where applicable.]
This chapter shall be know as the "Township of Long Beach Municipal 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.
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.
- CRITICAL AREA
- A sediment-producing, highly erodible or severely eroded area.
- Detachment and movement of soil or rock fragments by water, wind, ice and gravity.
- EROSION AND SEDIMENT CONTROL PLAN
- 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.
- EXCAVATION OR CUT
- 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 township.
- LAND DISTURBANCE
- 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 each of the zones as set forth in Chapter 205 of this revision.
- 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.
- A certificate issued to perform work under this chapter.
- 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 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.
- SOIL CONSERVATION DISTRICT
- A governmental subdivision of this state, which encompasses this Township, organized in accordance with the provisions of N.J.S.A. 4:24.
- The standard promulgated by the State Soil Conservation Committee in the Department of Agriculture as such standards are promulgated pursuant to the provisions of N.J.S.A. 4:24-39 et seq.
- STATE SOIL CONSERVATION COMMITTEE
- 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 township unless the applicant has submitted to the building inspector a plan 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 plan shall have first been approved and a valid land disturbance permit issued by the building inspector except as exempted by § 166-12.
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:
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).
Location and description of proposed changes to the site.
Measures for soil erosion and sediment control which must meet "Standards for Soil Erosion and Sediment Control," adopted by the State Soil Conservation Committee, copies of which are on file with the Building Inspector.
A schedule of the sequence of installation of planned erosion and sediment control measures as related to the progress of the project including anticipated starting and completion dates.
All proposed revisions of data required shall be submitted for approval.
Soil erosion and sediment control plans shall be reviewed by the Township Engineer (or other designated official) and approved when in conformance with the "Standards for Erosion and Sediment Control."
The Township Engineer may seek the assistance of the Ocean County Soil Conservation District in the review of the plans and may deem as approved those plans which have been reviewed and determined adequate by the district.
A final determination upon any soil erosion control plan and application for soil disturbance permit hereunder shall be rendered to the applicant in writing no later than 30 days after the date of the submission of such plan and application to the Building Inspector, unless by mutual agreement in writing between the municipality and the applicant, this period is extended for an additional 30 days. Failure of the municipality to make a determination within such period of such extension thereof shall constitute certification.
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.
Stripping of vegetation, grading or other soil disturbance shall be done in a manner which will minimize soil erosion.
Whenever feasible, natural vegetation shall be retained and protected.
The extent of the disturbed area and the duration of its exposure shall be kept within practical limits.
Either temporary seeding, mulching or other suitable stabilization measures shall be used to protect exposed critical areas during construction or other land disturbance.
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.
Water runoff shall be minimized to the maximum extent feasible.
Diversions, sediment basins, and similar required structures shall be installed prior to any on-site grading or disturbance.
All necessary soil erosion and sediment control measures installed under the provisions of this chapter shall be adequately maintained for two years after completion of the approved plan or until such measures are sooner 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 plans were completed.
[Added 2-4-2019 by Ord. No. 19-02C]
The permitted and required guarantees and regulations relating thereto are set forth in Chapter 103.
Editor's Note: This ordinance also repealed former § 166-9, Performance and maintenance bonds.
[Amended 1-23-2009 by Ord. No. 09-02C]
The applicant shall pay to the Township at the time an application for soil erosion and sediment control is submitted a fee in the amount of $400 per lot.
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 $25 nor more than $3,000 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-I 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.
Land disturbances associated with construction activities upon lots which have obtained prior final subdivision approval and conform to all requirements of the land subdivision and zoning chapters of this revision together with any amendments thereto.
Use of land primarily for home gardening.
The requirements of this chapter shall be enforced by the Township Engineer who shall also inspect or require adequate inspection of the work. If the Township Engineer 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 § 166-11. 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 Township Engineer or other enforcing officer.
Appeals from decisions under this chapter may be made to the Board of Commissioners in writing within 10 days from the date of such decision. The appellant shall be entitled to a hearing before the Board of Commissioners within 30 days from the date of appeal.
No amendments or changes in this chapter shall be enacted nor become effective until first having been approved by the State Soil Conservation Committee and the Department of Agriculture of the State of New Jersey.