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.
(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:
A person requesting permission to engage in land disturbance
activity.
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.
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.
An area which has a high potential for erosion, sediment
or related environmental damage, or an area which has experienced
such damage.
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.
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.
A channel constructed across or at the bottom of a slope.
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.
The vertical location of the existing ground surface prior
to cutting or filling.
A man-made deposit of soil, rock or other materials.
The final grade or elevation of the ground surface.
The land bordering or adjacent to a river, stream, lake,
pond, swamp or other waterway which is subject to flooding as evidenced
by:
Any stripping, cutting, filling, stockpiling or any combination
thereof, and shall include the land in its cut or filled condition.
Any ground, soil or earth, including marshes, swamps, drainageways
and areas not permanently covered by water.
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.
A certificate issued to perform work under this article.
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]
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]
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.
The existing ground surface of land prior to any grading
excavation or other land disturbance.
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.
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.
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.
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 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.
Any activity which removes or significantly disturbs vegetated
or otherwise stabilized soil surface, including clearing and grubbing
operations.
Stabilization of erosive or sediment-producing areas of land
by covering the soil with one or more of the following:
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:
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]
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.
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.
