Township of Morris, NJ Article XXV Approval Procedure

§ 57-136 Soil erosion and sediment control plan required. [1]

No site plan or preliminary plan shall be granted approval unless it includes a soil erosion and sediment control plan, in accordance with the Standards for Soil Erosion and Sediment Control in New Jersey. No approval for occupancy of any building will be granted unless all needed soil erosion control measures have been completed or substantially provided for in accordance with this Part 6. The developer shall bear the final responsibility for the installation and construction of all required soil erosion and sediment control measures according to the provisions of this Part 6.

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 57-137 Contents of soil erosion and sediment control plan.

The developer must submit a soil erosion and sediment control plan for the entire tract of land. The soil erosion and sediment control plan shall contain:

A. Plans and specifications of soil erosion and sediment control measures in accordance with the Standards for Soil Erosion and Sediment Control in New Jersey.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

B. A timing schedule indicating the anticipated starting and completion dates of the development sequence and the time of exposure of each area prior to the completion of effective soil erosion and sediment control measures.

C. Location and description 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 District Soil Survey where available.

D. A schedule of the sequence of installation of planned soil erosion and sediment control measures as related to the progress of the project, including starting and completion dates.

§ 57-138 Grading permit required; exemptions; fee.

[Amended 12-2-1998 by Ord. No. 24-98]

A. Permit required prior to land disturbance or construction. No land shall be cleared, graded or otherwise disturbed for any purpose, including but not limited to the construction of single-family dwellings, two-family dwellings or other buildings or structures, the mining of minerals, the removal of other natural resources, the development of golf courses and/or the construction of streets, by any person or entity other than the Township of Morris, County of Morris or State of New Jersey unless the Township Engineer has first approved a lot grading and soil erosion and sediment control plan for the proposed activity and has issued a grading permit allowing such activity to proceed.

B. Exemptions from requirement.

[Amended 6-16-1999 by Ord. No. 21-99]

(1) Any development which has received site plan or subdivision approval from the Planning Board or Board of Adjustment shall be exempt from the requirements of Subsection A of this section; provided, however, that individual lots for one- or two-family dwellings included within any approved subdivision shall not be exempt.

(2) Provided that there are no environmentally sensitive areas, such as but not limited to steep slopes, wetlands, streams or bodies of water, located in the area to be graded or disturbed, and further provided that, in the opinion of the Township Engineer, the proposed land disturbance will not create a soil erosion problem, then the following exemptions may be granted:

[Amended 7-21-2021 by Ord. No. 19-21]

(a) Land disturbance of up to 2,500 square feet, provided no retaining walls are proposed or as directed by the Township Engineer.

(b) Land disturbance for the purpose of constructing an addition to an existing single-family dwelling, provided no retaining walls are proposed to allow for the construction or as directed by the Township Engineer.

C. Grading plan preparation and contents. The lot grading and soil erosion and sediment control plan shall be prepared by a professional engineer licensed by the State of New Jersey. Two copies of the plan shall be submitted to the Township Engineer together with two copies of an application for a grading permit (which application form shall be available through the office of the Township Engineer) and the fee required by Subsection E of this section. The lot grading and soil erosion and sediment control plan shall contain the following information:

(1) Date.

(2) Layout of proposed buildings and structures.

(3) North arrow; scale; block and lot number of the subject property (or properties); name and address of record owner; and name, address, license number and seal of the person preparing the plan.

(4) Complete lot boundary line information based on a current survey prepared by a New Jersey licensed land surveyor.

(5) Building setback lines, lines of existing streets, easements affecting the property and any areas dedicated to public use.

(6) Location of existing buildings and structures, if any, including walls, fences, culverts and bridges. Spot elevations as to all such structures shall be provided. Structures to be removed shall be indicated by dashed lines.

(7) Location of all existing and proposed storm drainage structures.

(8) Existing contours at two-foot intervals where slopes are less than 10% and five-foot intervals where slopes are 10% or greater. Existing contours shall be shown by dashed lines.

(9) Proposed contours with similar intervals. Proposed contours shall be shown by solid lines.

(10) Location of existing rock outcroppings, high points, watercourses, depressions, ponds, marshes, wooded areas and other significant natural features.

(11) Proposed use of land, buildings and other structures, including driveways, drainage, dry wells, roads, curbs, sidewalks and other paved areas.

[Amended 7-21-2021 by Ord. No. 19-21]

(12) Existing and proposed utility locations.

(13) Landscaping plans showing existing vegetation to remain and all areas to be seeded or planted. Size and type of proposed trees and shrubs shall be indicated. All trees eight inches in diameter at breast height (DBH) or greater shall be shown.

(14) Disturbance fencing shall be provided around the limits of all areas of disturbance.

(15) Silt fencing and/or hay bales shall be provided downstream of all areas of disturbance.

(16) Such other information as may be required by the Township Engineer in order to determine that the requirements of this section have been met.

D. Groundwater recharge. Any proposed improvements which create an additional 500 square feet of impervious are required to construct a dry-well system to provide for the recharge of rainwater into the ground. The dry-well system shall be designed to collect three inches of rainfall depth over the total area of increased impervious.

[Added 7-21-2021 by Ord. No. 19-21[1]]

[1] Editor's Note: This ordinance also provided for the redesignation of former Subsections D and E as Subsections E and F, respectively.

E. Time for action. The Township Engineer shall review and approve, conditionally approve or deny the lot grading permit application within 30 days of the date on which a complete application is submitted. Otherwise, the application for a grading permit shall be deemed to be approved.

F. Fee. Each applicant for a grading permit under this section shall submit a review fee payable to the Township of Morris in the amount prescribed in the fee schedule in § 57-29.

[Amended 7-21-2021 by Ord. No. 19-21]