[HISTORY: Adopted by the Mayor and Council
of the Borough of Middlesex 5-23-1978 by Ord. No. 794. Amendments
noted where applicable.]
The purpose of this chapter is to control and
regulate soil removal, erosion and sedimentation in the Borough of
Middlesex by requiring adequate provisions for the retention of topsoil
and subsoil whenever necessary, to prevent erosion and sedimentation,
exposed soil surfaces and such other harmful and objectionable conditions
as are detrimental to the safety, health and general welfare of the
citizens of the Borough of Middlesex.
The following definitions shall apply to the
interpretations and enforcement of this chapter, unless otherwise
specifically stated:
A person, partnership, corporation or public agency requesting
permission to engage in soil removal or land disturbance activity.
A proposed subdivision of land, site plan, conditional use,
zoning variance, construction permit or planned development permit.
A written endorsement of a plan for soil erosion and sediment
control by the Freehold Soil Conservation District which indicates
that the plan meets the standards promulgated by this chapter and
P.L. 1975, c. 251.[1]
[Amended 10-14-2008 by Ord. No. 1740]
A sediment-producing land area or highly erodible or severely
eroded land area.
To dig, dredge, excavate, remove, deposit, grade, clear,
level, fill or alter or change the location or contour of land or
otherwise cause land to be exposed to the dangers of erosion.
Detachment and movement of soil or rock fragments by water,
wind, ice or gravity.
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 municipality.
Any artificial improvements to land, including but not limited
to buildings of any type, parking lots, driveways and sidewalks, fences,
storm culverts, swimming pools, tennis courts, towers, telephone or
utility poles, roads and paths of any type.
The application of plant residue or other suitable organic
materials to the land surface to conserve moisture, hold soil in place
and aid in establishing plant cover.
A certificate issued to perform work regulated under this
chapter.
Any individual, corporation, association, partnership, joint
venture or organization, as well as any federal, state, county or
municipal government or body, authority or board and any department,
agency or subdivision thereof or any combination of the above.
To physically transfer soil from any location on a site to
any other location not on the same site, regardless of whether the
sites are contiguous or of common ownership.
Solid material, both mineral and organic, that is in suspension,
is being transported or has been moved from its site of origin by
water, wind, ice or gravity as a product of erosion.
A barrier or drain built at suitable locations to retain
rock, sand, gravel, silt or other sedimentary material.
Any plot, parcel or parcels of land, including, by way of
illustration, the smallest of lots as shown on the tax maps of the
Borough of Middlesex, a subdivided lot as approved by the Planning
Board or an individual tract as set forth in the deed conveying title
to the owner.
All unconsolidated mineral and organic material, such as
earth, sand, clay, loam, gravel, humus, sludge, rock or dirt of any
origin.
A detailed plan in accordance with § 347-4 hereof indicating necessary land treatment measures, including a schedule of the timing of their implementation that will effectively minimize soil erosion and sedimentation. Such measures shall meet or exceed the standards.
Standards for Soil Erosion and Sediment Control in New Jersey
as promulgated by the State Soil Conservation Committee.
Any activity which disturbs vegetation or otherwise stabilized
soil surfaces, including clearing and grubbing operations.
[1]
Editor's Note: N.J.S.A. 4:24-39 et seq.
A.
No land area shall be disturbed by any person, partnership,
corporation or public agency nor shall any permit be issued unless
the applicant has first obtained a permit or a waiver in accordance
with the provisions of this chapter.
B.
No person, partnership, corporation or public agency
shall excavate or otherwise remove soil in excess of 10 cubic yards
for any use other than on the premises from which the soil shall be
taken, without first obtaining a permit in accordance with the provisions
of this chapter.
C.
No person, partnership, corporation or public agency
shall import any soil into the Borough without first obtaining a permit
for same. The permit fee for said import shall be determined by the
Freehold Soil Conservation District. A soil certification must accompany
the permit for import of said soil.
[Added 3-22-2005 by Ord. No. 1637; amended 10-14-2008 by Ord. No.
1740]
A.
Soil erosion and sediment control. The applicant must
submit a separate soil erosion and sediment control plan for each
noncontiguous site where land disturbance will take place. Such plans
shall contain:
(1)
The location and description of natural and man-made
features on and around the site, including topography and soil characteristics.
(2)
The location and description of any proposed changes
to the site.
(3)
Measures for soil erosion and sediment control which
must meet standards.
(4)
A schedule of the sequence of installation of planned
soil erosion and sediment control measures as related to the progress
of the project being undertaken.
(5)
Any information as may be reasonably required by the
Freehold Soil Conservation District in order to adequately evaluate
the application.
[Amended 10-14-2008 by Ord. No. 1740]
B.
Soil removal. The applicant must submit a description
and plan, if required, for removing soil from any site within the
Borough of Middlesex. The following information shall be provided:
(1)
The location and existence of natural and man-made
features, including existing and proposed topography, if required.
(2)
The quantity and method of removing soil from the
site.
(3)
The destination and route of delivery of soil to be
removed.
(4)
The proposed date of commencement.
(5)
Any other information as may be reasonably required
by the Freehold Soil Conservation District in order to adequately
evaluate the request for soil removal.
[Amended 10-14-2008 by Ord. No. 1740]
[Amended 10-14-2008 by Ord. No. 1740]
The applicant shall make all applications to
the Freehold Soil Conservation District, which shall have complete
jurisdiction of the application, and the application can be obtained
from the Freehold Soil Conservation District. The applicant shall
consult with the Freehold Soil Conservation District in order to obtain
the permit and in order to determine what procedures must be followed
in order to obtain the issuance of that permit.
A.
Soil erosion and sediment control.
(1)
Stripping of vegetation, grading or other soil disturbance
shall be done in a manner which will minimize soil erosion.
(2)
Whenever feasible, natural vegetation shall be retained
and protected.
(3)
The extent of the disturbed area and the duration
of its exposure shall be kept within practical limits.
(4)
Either temporary seeding, mulching or other suitable
stabilization measures shall be used to protect exposed critical areas
during construction or other land disturbance.
(5)
Drainage provisions shall accommodate increased runoff,
resulting from modified soil and surface conditions, during and after
development or disturbance. Such provisions shall be in addition to
all existing requirements.
(6)
Water runoff shall be minimized and retained on site
wherever possible to facilitate groundwater recharge.
(7)
Sediment shall be retained on site to the maximum
extent feasible.
(8)
Diversions, sediment basins and similar required structures
shall be installed prior to any on-site grading or disturbance.
(9)
Any other recommendations of the Freehold Soil Conservation
District shall be followed by the applicant.
[Added 10-14-2008 by Ord. No. 1740]
B.
Soil removal.
(1)
Soil erosion and sediment control practices will be
required in conjunction with the removal of any soil.
(2)
Sufficient topsoil shall be retained on site and shall
be respread and seeded after completion of the soil removal.
(3)
The applicant shall be required to follow the route
prescribed by the Construction Official and shall be responsible for
keeping the streets free from dirt resulting from soil removal work.
(4)
Generally, topsoil shall not be permitted to be removed
from the Borough.
A.
Soil erosion and sediment control. It shall be the
duty of the person, persons or legal entity from time to time owning
or controlling the land which has been disturbed in accordance with
an approved soil erosion and sediment control plan to adequately maintain
the same according to the grades approved by said plan and to maintain
all of the measures, devices and plantings provided for in said plan
in effective condition.
B.
Soil removal. It shall be the duty of the applicant
to provide such maintenance as is required by the conditions of the
permit issued. All public roadways utilized in the transportation
of soil shall be kept free of dirt and other spillage which may result
from the soil removal operation.
[Amended 10-14-2008 by Ord. No. 1740]
A.
The applicant shall have an approved copy of the soil
erosion and sediment control plan at the construction site at all
times. The requirements of this chapter shall be enforced by representatives
from the Freehold Soil Conservation District. Representatives from
the Freehold Soil Conservation District shall inspect the site in
order to confirm compliance at such times as may be deemed necessary.
If the Freehold Soil Conservation District officials find existing
conditions not in accordance with the permit issued, the District
may refuse to approve future work and may require immediate remedy
by the applicant. Under such conditions, the Construction Official
is also empowered to place a stop-work notice and to seek other penalties
as provided for in this chapter in the bylaws of the State of New
Jersey.
B.
No certificate of occupancy for a project shall be
issued by the Construction Official unless there has been compliance
with a certified permit and plan as issued under the provisions of
this chapter.
[Amended 3-10-1992 by Ord. No. 1236; 3-22-2005 by Ord. No. 1637; 10-14-2008 by Ord. No. 1740]
Upon each application for a permit, the applicant
shall pay to the Freehold Soil Conservation District a fee as prescribed
by their rules and regulations.
A.
Residential.
|
Number
of Buildings
|
Review and
Certification
|
Inspection and
Enforcement
(fee per building)
| |
|---|---|---|---|
|
Single
|
$180
|
$150
| |
|
2 to 3
|
$390
|
$130
| |
|
4 to 10
|
$920
|
$130
| |
|
11 to 25
|
$1,600
|
$130
| |
|
26 to 50
|
$2,100
|
$130
| |
|
51 to 100
|
$4,000
|
$130
| |
|
101+
|
$5,000
|
$130
|
B.
Multiunit residential.
|
Number
of Buildings
|
Review and
Certification
|
Inspection and
Enforcement
(fee per Building)
| |
|---|---|---|---|
|
1 to 3
|
$390
|
$225
| |
|
4 to 10
|
$920
|
$225
| |
|
11 to 25
|
$1,600
|
$225
| |
|
26 to 50
|
$2,100
|
$225
| |
|
51 to 100
|
$4,000
|
$225
| |
|
101+
|
$5,000
|
$225
|
C.
Commercial.
(1)
Industrial, commercial, demolition, parking lots,
public facilities, cleaning and grading, apartments, utilities, roadways.
|
Area
|
Review and
Certification
|
Inspection and
Enforcement Fee
| |
|---|---|---|---|
|
1 square feet to 4,999 square feet
|
$200
|
$150
| |
|
5,000 square feet to 5 acres
|
$260
|
$150
| |
|
0.51 acres to 1 acre
|
$300
|
$150
| |
|
1.01 acre to 10 acres
|
$785
|
$150
| |
|
11 acres to 25 acres
|
$1,735
|
$150
| |
|
26 acres to 50 acres
|
$2,500
|
$150
| |
|
51 acres to 100 acres
|
$4,000
|
$150
| |
|
101 acres or more
|
$5,400
|
$150
|
(2)
Mining, quarrying, landfill, storage, initial application
fee.
|
Area
|
Review and
Certification
|
Inspection and
Enforcement Fee
|
Total
| |
|---|---|---|---|---|
|
1.01 acre to 10 acres
|
$335
|
$450
|
$785
| |
|
11 acres to 25 acres
|
$335
|
$450
|
$785
| |
|
26 acres to 50 acres
|
$375
|
$450
|
$825
| |
|
51 acres to 100 acres
|
$675
|
$750
|
$1,425
| |
|
101 acres or more
|
$700
|
$900
|
$1,600
|
(3)
Biannual review fee.
|
Area
|
Fee
| |
|
1 square feet to 25 acres
|
$600
| |
|
26 acres to 50 acres
|
$750
| |
|
51 acres to 100 acres
|
$900
| |
|
101 acres or more
|
$1,050
|
|
NOTE: For projects greater than one acre, partial
acres are to be rounded to the nearest whole acre.
|
A.
Any person convicted of violating any of the provisions
of this chapter shall be liable for the payment of a fine 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.).[1] The Superior Court, County Court, County District Court
or 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 separate
and distinct offense.
[1]
Editor's Note: See now N.J.S.A. 2A:58-10 et
seq.
B.
The building permit of any person who, after notice
of a violation hereunder, fails to correct a violation shall be subject
to revocation by the Construction Official.
C.
Nothing in this section shall be construed to prevent
the Borough of Middlesex from seeking injunctive relief to enforce
the provisions of this chapter.
D.
Remedy. If any person violates any of the provisions
of this chapter or any standards promulgated pursuant to this chapter
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 and said
court may proceed in a summary manner. The Borough may proceed either
by injunctive relief or by invoking the penalty provisions of this
chapter.
[1]
Editor's Note: Former § 347-11,
Appeals, was repealed 10-14-2008 by Ord. No. 1740.
The following activities are specifically exempt
from this chapter:
A.
Land disturbance associated with existing single-family
dwellings.
B.
Use of land for gardening primarily for home consumption.
C.
Agricultural use of land when such use will not cause
excessive erosion and sedimentation.
D.
Land disturbance of less than 5,000 square feet.
E.
Soil removal of less than 10 cubic yards; provided,
however, that land disturbance is less than 5,000 square feet.
