A. 
The general purpose of this article is to promote the public health, safety, convenience and general welfare of the Township by preventing floods and controlling soil erosion, sedimentation and related environmental damage resulting from, but not limited to, the disturbance of the land or earth by construction activities, such as those for housing, commercial, industrial, utility, highway, public works and other similar developments.
B. 
The specific purposes of this section are to require adequate provisions for:
(1) 
The protection of soil surfaces during and following construction activities or other land disturbance.
(2) 
The prevention of danger to life and property from flooding resulting from excessive runoff and sedimentation of waterways and drainage facilities.[1]
[1]
Editor's Note: See also Part 7, Flood Damage Prevention.
(3) 
Surface water detention, including both temporary and permanent measures.
(4) 
Maintaining the useful life of streams, ponds and lakes by preventing sedimentation.
(5) 
Preserving the recreational use of water bodies for swimming and fishing.
(6) 
Reducing public expenditures for repair and maintenance of public facilities resulting from flooding, soil erosion and sedimentation.
(7) 
Conserving the taxable value of property by enhancing the environmental character of the Township.
In the interpretation and enforcement of this article, the following words, terms and phrases shall have the following meanings:
APPLICANT
A person requesting permission to engage in land disturbance activity.
APPROVED PLAN
A plan to control soil erosion and sedimentation which meets or exceeds the Standards for Soil Erosion and Sediment Control in New Jersey as promulgated by the State Soil Conservation Committee and has been reviewed and approved by the proper Township authority.
CONSERVATION PLAN
A plan developed in cooperation with the Soil Conservation District which provides for use of land, within its capabilities and treatment, within practical limits, according to chosen use to prevent further deterioration of soil and water resources.
CRITICAL AREA
An area which has a high potential for erosion, sediment or related environmental damage, or an area which has experienced such damage.
CUT
That 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.
DETENTION POND OR BASIN
A pond, basin or other structure or measure that provides for temporary storage of stormwater and which includes a spillway or other facility to release the water at a controlled rate of flow.
DIVERSION
A channel constructed across or at the bottom of a slope.
EROSION
Detachment and movement of soil or rock fragments by water, wind, ice or gravity.
EXCAVATION
Any act by which soil or rock is cut into, dug, quarried, uncovered, removed, displaced or relocated.
EXISTING GRADE
The vertical location of the existing ground surface prior to cutting or filling.
FILL
A man-made deposit of soil, rock or other materials.
FINISHED GRADE
The final grade or elevation of the ground surface.
FLOODPLAIN
The land bordering or adjacent to a river, stream, lake, pond, swamp or other waterway which is subject to flooding as evidenced by:
A. 
Observed or recorded flood events;
B. 
Alluvial soil as shown on soil maps; or
C. 
As determined by other soil or hydraulic studies.
GRADING
Any stripping, cutting, filling, stockpiling or any combination thereof, and shall include the land in its cut or filled condition.
LAND
Any ground, soil or earth, including marshes, swamps, drainageways and areas not permanently covered by water.
LAND DISTURBANCE
Any activity involving the clearing, grading, transporting, filling or excavation of land, or any other activity which causes land to be exposed to danger of erosion, but not including normal cultivation practices incident to customary farming activity.
LAND DISTURBANCE PERMIT
A certificate issued to perform work under this article.
LIMIT OF GRADING
The boundary line formed between those areas of a site which are to be graded and the existing natural topography of the property. The limit of grading shall be synonymous with a no cut-no fill line.
[Added 12-18-2001]
LIMIT OF LAND DISTURBANCE
The boundary line formed between all portions of the site where land disturbance will occur and the existing natural area of the property.
[Added 12-18-2001]
MULCHING
The application of plant or other suitable materials to the soil surface to conserve moisture, hold soil in place and aid in establishing plant cover.
NATURAL GROUND SURFACE
The existing ground surface of land prior to any grading excavation or other land disturbance.
SEDIMENT
Soil 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 result of erosion.
SEDIMENT BASIN
A pond, basin or other sediment basins, desilting basins, silt traps or other acceptable methods. Whenever feasible, development shall include structures or measures that provide for the detention of water and deposit of sediment.
SOIL CONSERVATION DISTRICT
The Morris County Soil Conservation District, which is a governmental subdivision of this state organized in accordance with the provisions of N.J.S.A. 4:24-1 et seq.
SOIL EROSION, SEDIMENT CONTROL AND FLOOD PREVENTION PLAN
A plan which fully indicates necessary land treatment measures, including a schedule of the timing for their installation, which will effectively prevent floods and minimize soil erosion and sedimentation. Such measures shall be equivalent to or exceed standards adopted by the New Jersey State Soil Conservation Committee and administered by the Morris County Soil Conservation District.
STANDARDS
Standards for Soil Erosion and Sediment Control in New Jersey as promulgated by the State Soil Conservation Committee in review of soil erosion and sediment control plans.
STRIPPING
Any activity which removes or significantly disturbs vegetated or otherwise stabilized soil surface, including clearing and grubbing operations.
VEGETATIVE PROTECTION
Stabilization of erosive or sediment-producing areas of land by covering the soil with one or more of the following:
A. 
Permanent seeding or permanent plantings producing long-term vegetative cover of land;
B. 
Short-term seeding or short-term plantings producing temporary vegetative cover of land; or
C. 
Sodding, producing areas covered with a turf of perennial sod-forming grass.
WATERCOURSE
Any natural or artificial watercourse, stream, river, creek, ditch, channel, canal, conduit, culvert, drain, gully, ravine, wash or other waterway in which water flows in a defined direction or course, either continuously or intermittently, within a definite channel and including any area adjacent thereto subject to inundation by reason of overflow of floodwater.
A. 
Plan required. It shall be unlawful for any person to create or cause disturbance of any land which poses the risk of, or which may reasonably be anticipated to result in, material, substantial, harmful or otherwise detrimental soil erosion or sedimentation to any land or watercourse, unless and until a plan shall have been submitted to and approved by the Planning Board or the Township Engineer, as provided for herein.
B. 
Preparation and filing of plan. A plan shall be filed with and become a part of each application to the Planning Board for approval of a site plan, a preliminary subdivision plat or a final subdivision plat, pursuant to Part 4, Subdivision of Land, and Part 5, Zoning, of this chapter. Such plan shall be prepared and duly signed and sealed by a professional engineer licensed in the State of New Jersey. Construction plans for land development shall incorporate the measures of the approved plan.
C. 
Land disturbance permit required. No land area within the Township shall be cleared, graded, excavated or filled by any person for purposes including but not limited to the construction of roads, the filling of land, the excavation of land, the removal of natural resources, the mining of minerals or the development of recreational or educational facilities unless and until a plan has been submitted to and approved or waived by the Planning Board, as required in Subsection B, above, or by the Township Engineer in all other cases, and the Township Clerk has issued a valid land disturbance permit.
D. 
Conformance to article. All plans shall be developed in accordance with the provisions of this article.
E. 
Conditions. The Planning Board or Township Engineer, in approving a plan, special exemption, zoning variance, planned unit development or building permit, may impose reasonable conditions or requirements designated or specified on or in connection therewith.
The Township Clerk shall issue a land disturbance permit upon receipt of an application for such permit, a certificate from the Planning Board or Township Engineer that a plan has been approved or the requirement for a plan has been waived, and payment of a land disturbance permit fee, as set forth in § 113-157 hereof.
Amendments, changes or modifications of a minor nature to a plan required as the result of conditions arising in the field during construction may be ordered or approved by the Township Engineer.
A. 
The plan shall comprise a map and written report, together with such other instruments, writings, drawings, plans or specifications as are necessary or appropriate under the circumstances, which fully and adequately describe both temporary and permanent measures to be employed to control, minimize and protect against soil erosion, sedimentation and flooding from a proposed land disturbance, taking into account the particular nature and characteristics of the land, the surrounding area, the watercourses, the land disturbance and the development involved.
B. 
The plan shall cover all stages and aspects of the proposed land disturbance and planned development from grading, stripping, excavation and other site preparation through and including both final grading and the installation of permanent improvements. It shall accordingly include a timing schedule or schedules indicating:
(1) 
The anticipated starting and completion dates of each step in the land disturbance and development sequence.
(2) 
The time of exposure of each land area prior to the completion of effective erosion and sediment control measures.
(3) 
The sequence of installation of planned erosion and sediment control measures as related to the disturbance and development sequence referred to in Subsection B(1) above, including anticipated starting and completion dates of such installations.
C. 
The plan shall include a soil map prepared by the Soil Conservation Service upon which the proposed development shall be superimposed. The soil boundaries shall also be shown on the plan.
D. 
The plan shall include a line drawn at the perimeter of the area of land disturbance and it shall be labeled "limit of land disturbance." The proposed area (quantity) contained within the limit of land disturbance shall be shown on this plan.
[Added 12-18-2001]
A. 
It shall be the responsibility of the applicant to:
(1) 
Design his or her project so as to maintain as nearly as possible in its present state and condition any stream, watercourse, swale, floodplain, wetland, swamp, pond or lake.
(2) 
Maintain or repair any of the above or any drainage facilities damaged or otherwise adversely affected by reason of the applicant's project. Such maintenance or repair work shall be promptly performed.
(3) 
Promptly remove sediment from any stream or watercourse, pond, lake or drainage facility resulting from the applicant's project.
B. 
No person shall block, impede the flow of, alter or construct any structure or deposit any material or thing or commit any act which will affect normal or flood flow in any stream or watercourse without having obtained a land disturbance permit from the Township and, where required, prior approval from the County of Morris and the State of New Jersey.
C. 
All drainage or stormwater facilities proposed by the applicant shall have the capacity to transport runoff from the drainage area as if fully developed in accordance with the Comprehensive Plan (Master Plan) and Part 5, Zoning, of this chapter.
D. 
An objective of the plan shall be to maximize groundwater recharge and to minimize runoff.
E. 
Soil erosion and sediment control measures shall, as a minimum, conform to the Standards for Soil Erosion and Sediment Control in New Jersey, and as the same may be amended or supplemented.
[Amended 12-18-2001]
F. 
All trees to remain standing shall have appropriate tree protection measures pursuant to § 113-205C, Protection of trees.
[Added 8-6-2002]
In addition, to the extent applicable in particular situations, the following measures or considerations shall be incorporated in the plan:
A. 
The smallest practical area of land shall be disturbed at any one time during development, and the duration of such disturbance shall be kept to a practical minimum.
B. 
Whenever feasible, natural vegetation and the natural ground surface shall be retained and protected.
C. 
Temporary vegetative cover and/or mulching shall be used to protect areas from erosion during construction of the development.
[Amended 12-18-2001]
D. 
Diversions and outlets, both temporary and permanent, shall be constructed and/or installed to accommodate the runoff caused by the changed soil and surface conditions during and after development.
E. 
Disturbed soil shall be stabilized as quickly as practicable.
F. 
Until the disturbed area is stabilized, sediment in the runoff water shall be trapped and removed by the use of debris basins.
G. 
To the greatest extent practicable, the applicant shall preserve natural features and existing grades, thereby keeping grading, stripping and excavation to a minimum.
H. 
Adequate provisions shall be made to minimize surface water from damaging slopes and embankments. Diversions may be utilized for this purpose.
I. 
Fill shall be placed and stabilized so as to minimize erosion and shall not encroach on watercourses closer than 100 feet, unless specifically approved.
J. 
During grading operations, approved methods for dust control will be exercised.
K. 
During grading, excavation and other construction activities, slopes and embankments shall be stabilized by mulching with straw sprayed with an asphalt mixture, or jute matting staked in position and/or a seeding of annual rye grass or other acceptable method.
L. 
Permanent vegetative protection, plant cover, lawn or ground cover and mechanical erosion control devices and measures shall be installed or constructed, and completed, as soon as practically possible.
M. 
Permanent improvements, such as pavement, catch basins, curbs and the like, shall be installed or constructed, and completed, as soon as practically possible.
N. 
Permanent detention ponds shall be constructed whenever feasible to temporarily retain the increased runoff resulting from modifications to the land. Such detention facilities shall conform with standards and criteria established or approved by the Township Engineer and shall be designed to control runoff from all storms recurring in 100 years, except where adverse site conditions prevent the practical construction of such facilities and such requirement is waived by the Township Engineer. The Township Engineer shall approve all plans for detention facilities, which plans shall also be approved by the County of Morris and the State of New Jersey, when required.
A. 
Conditions. In considering and approving a plan, the Planning Board or the Township Engineer, as the case may be:
(1) 
Shall have the right, among other things, to fix the time schedule for exposure of land areas and for the construction and installation of improvements or the taking of other measures to prevent soil erosion and sedimentation, and may require that such work or measures be completed prior to any site development work.
(2) 
Shall provide for the posting of performance and maintenance guaranties.
(3) 
May refer the plan to the Township Environmental Commission, the Soil Conservation District and/or any other qualified governmental agency or agencies or consultants for review.
(4) 
May impose reasonable conditions or requirements necessary or desirable for the proper implementation of the plan, in accordance with the purposes and intent of this article.
B. 
Notice of decision; time. Written notice shall be provided to the applicant indicating the decision on the plan. A copy of this decision, along with such information as the District may require, shall be sent to the local Soil Conservation District. Such decision shall be made within a period of 30 days of submission of the complete application, unless, by mutual agreement, this period is extended for an additional 30 days. Failure to make a decision within such period, or any extension thereof, shall constitute certification.
C. 
Deviations for approved plan. After a plan has been approved, it shall be unlawful for the applicant, or any person performing services in implementing the plan, to deviate, change, amend or modify the plan in any way, except in accordance with § 113-149.
The applicant shall post a performance guaranty in an amount to be established by the Township Council to guarantee the construction or installation of the measures included in the plan. The guaranty may be in the form of a performance bond issued by a surety approved by the Township Council, a certified check returnable after full compliance or other type of surety as may be approved by the Township Council. The guaranty shall be discharged after all work has been completed in accordance with the plan or as amended or modified as provided for herein. No guaranty shall be discharged until all construction and vegetation measures have been fully established and approved and all inspection fees have been paid to the Township, as provided for herein.
A. 
The applicant, and all subsequent owners of the property upon which measures under the plan have been carried out, shall adequately maintain all measures in good order for a period of three years after implementation of the plan.
B. 
The applicant shall post a maintenance guaranty in an amount to be established by the Township Council, but not less less than 10% of the amount of the performance guaranty. The guaranty may be in the form of a maintenance bond issued by a surety approved by the Township Council, a certified check returnable after the maintenance period or other type of surety as may be approved by the Township Council. The guaranty shall be discharged at the end of the maintenance period, as set forth above, provided that all measures have been maintained as required and provided that all inspection fees have been paid to the Township.
A. 
The requirements of this article shall be enforced by the Township Engineer or Zoning Official, who shall also inspect or require adequate inspection of the work carried out pursuant to this article.
B. 
Generally, inspections shall be conducted at the following times:
(1) 
Prior to the establishment of measures, to discuss details of location, changes due to field conditions, etc.
(2) 
Intermittently during the establishment of vegetative and structural measures.
(3) 
After completion of all construction and establishment of vegetation.
(4) 
At least three times during the maintenance period.
(5) 
At other times as may be necessitated because of unsatisfactory conditions.
C. 
If the Township Engineer or Zoning Official finds conditions other than as shown in the plan, or in the event of failure to comply with the plan or any condition thereto, he/she or she may refuse to approve further work and may require necessary measures to be promptly installed and may require modifications to the plan when, in the judgment of the Township Engineer, such are necessary to properly control erosion and sediment. The Township Engineer or the Zoning Official may also issue stop-work orders and seek other penalties as provided in § 113-160.
D. 
The applicant shall have a certified plan on-site during construction.
E. 
In the event of failure to comply with the requirements of this section, the Zoning Official shall refuse to issue building permits and/or certificates of occupancy and shall revoke building permits which may have been issued.
A. 
Each application for approval of a plan shall be accompanied by a fee determined in accordance with the schedule in Part 6, Fees and Deposits.
[Amended 6-2-1997]
B. 
In addition to the above, the applicant shall pay the costs of inspection required by or of the Township Engineer or his or her representative at the rates currently in effect at the time of any such required inspections.
Excavation and grading for yards, drainage ditches, swimming pools, sewage disposal systems or other minor improvements where the total area of land disturbance is less than 5,000 square feet and the duration of the land disturbance does not exceed 30 days are specifically exempt from the requirements of this article.
Appeals from decisions under this article shall be made to the Township Council, in writing. Such appeal shall be filed with the Township Clerk within 10 days from the date of such decision. The appellant shall be entitled to a hearing before the Township Council within 30 days from the date of appeal.
A. 
If any person violates any of the provisions of this article, the Township may institute a civil action in the Superior Court for injunctive relief to prohibit and prevent such violation or violations, and such court may proceed in a summary manner.
B. 
Any person who violates any of the provisions of this article, any standard promulgated pursuant to this article or fails to comply with the provisions of a 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 Law, N.J.S.A. 2A:58-1 et seq.
C. 
The Superior Court and municipal court shall have jurisdiction to enforce the Penalty Enforcement Law.
[Amended 6-2-1997]
D. 
If the violation is of a continuing nature, each day during which it continues shall constitute an additional separate and distinct offense.