[HISTORY: Adopted by the Township Council
of the Township of Stafford 12-3-1991 by Ord. No. 91-57. Amendments
noted where applicable.]
This chapter shall be known and cited as the
"Stafford Township Soil Erosion Ordinance."
A.
The purpose of this chapter is to control soil erosion
and sediment damages and related environmental damage by requiring
adequate provisions for the prevention of soil erosion and for the
protection of exposed soil surfaces in order to promote the safety,
public health, convenience and general welfare of the community.
B.
In an effort to provide uniformity and to avoid confusion
in the enforcement of regulations relating to the prevention of soil
erosion and sedimentation, the provisions of this chapter shall be
implemented by the Ocean County Soil Conservation District on behalf
of the Township.
[Added 1-20-1998 by Ord. No. 98-05]
For the purposes of this chapter, certain rules
of word usage apply to the text as follows:
A.
Words used in the present tense include the future
tense, and the singular includes the plural, unless the context clearly
indicates the contrary.
B.
The term "shall" is always mandatory and not discretionary;
the word "may" is permissive.
C.
A word or term not interpreted or defined by this
section shall be given its common or standard meaning.
The following definitions shall apply in the
interpretation and enforcement of this chapter, unless otherwise specifically
stated:
A person, partnership, corporation, public agency or other
entity requesting permission to engage in land disturbance activity.
A plan to control soil erosion and sedimentation which has
been approved by the Township Engineer or Director of Community Development.
A written endorsement of a plan for soil erosion and sediment
control by the District which indicates that the plan meets the Standards
for Soil Erosion and Sediment Control in New Jersey as promulgated
by the State Soil Conservation Committee as set forth in this chapter.
[Added 1-20-1998 by Ord. No. 98-05]
The Ocean County Soil Conservation District established in
accordance with N.J.S.A. 4:24-1 et seq.
[Added 1-20-1998 by Ord. No. 98-05]
Any activity involving the clearing, excavating, storing,
grading, filling or transporting of soil or any other activity which
causes soil to be exposed to the danger of erosion.
[Added 1-20-1998 by Ord. No. 98-05]
Detachment and movement of soil, rock or other mineral or
organic fragments by water, wind, ice or gravity.
A detailed plan in accordance with § 178-7 hereof indicating necessary land treatment measures, including a schedule of the timing for their installation or application, which will effectively minimize erosion and sedimentation. Such measures shall be at least equivalent to the standards and regulations contained herein.
The result of any act by which soil or rock is cut into,
excavated, dug, quarried, uncovered, removed, displaced or relocated.
A plan which provides for use of land for agricultural purposes,
which plan includes consideration of methods to prevent further deterioration
of soil and water resources.
Any soil-bearing ground structure, including marshes, swamps,
drainageways and areas not permanently covered by water within the
municipality.
Any activity, including but not limited to clearing, grading,
transporting, filling or storage of soils which causes less than 5,000
square feet of land to be exposed to or endangered by erosion.
A certificate issued to perform work under this chapter.
A scheme which indicates land treatment measures, including
a schedule of the timing for installation to minimize soil erosion
and sedimentation.
[Added 1-20-1998 by Ord. No. 98-05]
Any plot, parcel or tract of land.
All unconsolidated mineral and/or organic material of any
origin.
[Amended 1-20-1998 by Ord. No. 98-05]
A.
No site shall be disturbed by any person, partnership,
corporation, special agency or other entity within this municipality
unless an application for certification of a soil erosion and sediment
control plan has been submitted to the District and such application
and plan have been certified by the District, except as hereinafter
exempted.
B.
Review and certification of said application shall
be made within a period of 30 days of submission of a complete application
unless, by mutual agreement, in writing, between the District and
the applicant, this period is extended for an additional 30 days.
Failure of the District to make a decision within such period or such
extension thereof shall constitute certification. The applicant shall
be provided with written notice of such decision by the District.
C.
Said application process shall only apply to new construction
of a primary structure and shall not be required for any accessory
structure or use incidental to the primary structure or use.
[Amended 1-20-1998 by Ord. No. 98-05]
A.
Upon determination that all requirements of this chapter
have been complied with and upon payment of all fees to be paid hereunder,
the District shall review the application and the plan submitted by
the applicant and thereafter provide a written notice indicating that:
B.
For purposes of this section, a major revision of
the plan by the applicant shall constitute a new submission.
[Amended 1-20-1998 by Ord. No. 98-05]
A soil erosion and sediment control plan shall
include the following items:
A.
Location and description of existing natural and man-made
features on and surrounding the site, including general topography,
soil characteristics, wetland locations and a copy of the Soil Conservation
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 for Soil Erosion and Sediment Control
promulgated by the State Soil Conservation Committee. Such Standards
shall be on file at the office of the Township Clerk and the Ocean
County Soil Conservation District Office.
D.
A schedule of the sequence of installation or application
of planned erosion and sediment control measures as related to the
progress of the project, including starting and completion dates.
E.
All proposed revisions of data required shall be submitted
for approval.
F.
A map showing the contours of the land prior to disturbance
and the proposed contours to be created, prepared in accordance with
the standard engineering practices, now can be completed.
G.
Any and all other information or documentation required
by the District in evaluating the plan. Required information is listed
in detail on the standard application form approved by the State Soil
Conservation Committee.
The following regulations and standards shall
apply to the soil erosion and sediment control plan and activities
undertaken pursuant thereto, as well as to any land disturbance, whether
authorized by this chapter or not, except as may be specifically exempt:
A.
Stripping of vegetation, grading or other land disturbing
activities shall be done in a manner which will minimize soil erosion.
B.
Whenever feasible, natural vegetation shall be retained
and protected.
C.
The extent of the disturbed area and the duration
of its exposure shall be kept insofar as reasonable within narrow
limits.
D.
Either temporary seeding, mulching or other suitable
stabilization measures shall be used to protect exposed critical areas
during construction or other land disturbance.
E.
Satisfactory provisions shall be made for drainage
to accommodate increased runoff resulting from modified soil and surface
conditions during and after development or disturbance.
F.
Water runoff shall be minimized and retained on site
wherever possible to facilitate groundwater recharge.
G.
Sediment shall be retained on site to the maximum
extent feasible.
H.
Diversions, sediment basins and similar required structures
shall be installed prior to any on-site grading or disturbance, except
as necessary to the construction of said structures.[1]
[1]
Editor's Note: Former § 178-8I,
regarding slopes in excess of a six-to-one ratio, which immediately
followed this subsection, was repealed 1-20-1998 by Ord. No. 98-05.
[Amended 1-20-1998 by Ord. No. 98-05]
The fees charged shall be in accordance with
the fee schedule adopted by the District and approved by the State
Soil Conservation Committee and shall bear a reasonable relationship
to the cost of rendering such services.
A.
Any person violating or failing to comply with any
of the provisions of this chapter shall, upon conviction thereof,
be punishable in accordance with N.J.S.A. 4:24-53.
[Amended 1-20-1998 by Ord. No. 98-05]
B.
The violation of any provision of this chapter shall
be subject to abatement summarily by a restraining order or injunction
issued by a court of competent jurisdiction.
The following activities are specifically exempt
from this chapter:
A.
Use of land for gardening primarily for home consumption.
B.
Agricultural use of lands when operated in accordance
with a farm conservation plan approved by the Local Soil Conservation
District or when it is determined by the Local Soil Conservation District
that such use will not cause excessive erosion and sedimentation.
C.
Land disturbance exceeding 5,000 square feet, where
the Soil Conservation District has jurisdiction.
D.
Clearing on a lot upon which an existing residential
dwelling is located.
E.
Land disturbance permitted under Chapter 181, Soil Removal/Resource Extraction, of the Stafford Township Code.
F.
Construction of a single-family dwelling on an isolated
lot, where is 5,000 square feet or less or soil disturbance.
[Added 1-20-2004 by Ord. No. 2004-09; amended 12-15-2009 by Ord. No. 2009-51]
[Amended 8-15-1995 by Ord. No. 95-75; 1-20-1998 by Ord. No. 98-05]
A.
The requirements of this chapter shall be enforced by the District, which shall also inspect or require adequate inspection of the work. If the District finds there are existing conditions not as stated in the applicant's erosion and sediment control plan, it may refuse to approve further work and may require necessary erosion and sedimentation control measures to be promptly installed or applied and/or may seek other penalties as herein provided, including the issuance of a stop-work order or other penalties cited in N.J.S.A. 4:24-53. If land disturbance occurs which is subject to the provisions of this chapter and no certification has been obtained, the District may issue a stop-work order and require the owner of the property to apply for the necessary certification, and if the certification is denied, the owner of the property shall be responsible for reforestation of the disturbed site in accordance with the requirements of Chapter 130, Land Use and Development, or for the installation of permanent measures to control soil erosion and sedimentation as determined by the Ocean County Soil Conservation District.
In any instance where the provisions of this
chapter conflict with the provisions of the Pinelands Comprehensive
Management Plan or Pinelands regulations for property located in the
Pinelands, the provisions of the Pinelands Comprehensive Management
Plan or Pinelands regulations shall prevail and be enforced.
