The purpose of this article is to control soil
erosion and sedimentation precipitated by development and caused by
water runoff, soil disturbances, destruction or removal of ground
cover or plant life and grading and filling. This article is deemed
essential and necessary to protect the health, safety and welfare
of the citizens of the Borough by accomplishing the following purposes:
A.
Maintain the useful life of reservoirs by preventing
sedimentation.
B.
Prevent dangers to life and property from flooding
resulting from excessive water runoff and clogging of drainage structures.
C.
Preserve the recreational use of water bodies for
swimming and fishing by preventing stagnation.
D.
Enhance the recycling of wastewater by maintaining
sufficient flows in streams and rivers to maintain oxygen levels.
E.
Prevent toxic materials, nitrates and pesticides from
entering public water supplies.
F.
Reduce public expenditures for repair of public facilities
resulting from soil erosion and sedimentation.
A.
Applicability. A soil erosion and sediment control
plan shall be reviewed and certified by the Hunterdon County Soil
Conservation District and approved by the Planning Board for any project
causing a soil disturbance of more than 5,000 square feet in the surface
area of land for the accommodation of construction for which the State
Uniform Construction Code would require a construction permit. Such
approval shall be granted prior to sketch plat approval for minor
subdivisions, prior to preliminary plat approval for major subdivisions
or prior to site plan approval for site plans, by the Planning Board
or Zoning Board of Adjustment or prior to the issuance of a construction
permit by the municipal Building Inspector. Also, any land disturbance
activity greater than 5,000 square feet of surface area not requiring
a municipal construction permit, such as public utilities, parking
lots, mining, quarrying, demolition, clearing or grading of land for
other than agricultural or horticultural purposes, shall require soil
erosion and sediment control plan certification by the Hunterdon District
prior to commencement of any land disturbance. Any project causing
a soil disturbance, whether or not a construction permit is required,
may be reviewed by the County Soil Conservation District for the applicability
of this article if there exists a potential danger of soil erosion
and sedimentation caused by the project.
B.
Exemptions. The following activities are specifically exempt from this article except as noted in Subsection A above:
(1)
Land disturbances associated with the construction
of a single-family dwelling unit, unless such unit is a part of a
proposed subdivision, site plan, zoning variance or construction permit
application involving two or more such single-family dwelling units.
(2)
Land disturbances of 5,000 square feet or less
of the surface of land for the accommodation of construction for which
the State Uniform Construction Code would require a construction permit.
(3)
Use of land for gardening primarily for home
consumption.
(4)
Percolation tests and/or soil borings.
C.
Review and approval.
(1)
Erosion and sediment control plans shall be
reviewed and certified by the County Soil Conservation District and
approved by the Planning Board when in conformance with the Standards
for Soil Erosion and Sediment Control in New Jersey as promulgated
by the State Soil Conservation Committee.
(2)
District approval of the soil erosion and sediment
control plan shall be a condition of Planning Board approval and for
approval by other municipal agencies or agents having jurisdiction
for development approval.
D.
Revisions. If minor revisions to a soil erosion and
sediment control plan are approved by the Soil Conservation District,
the applicant shall notify the Planning Board and Building Inspector
of the nature and reason for the change, in writing. Major revisions
shall be resubmitted to the original approving agency.
E.
Data required. The applicant shall submit a soil erosion
and sediment control plan prepared by a professional engineer licensed
in the State of New Jersey, except in instances where the preparation
of a plan does not include or require the practice of engineering
as defined in the Revised Statutes, Title 45:8, and shall contain:
(1)
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;
(2)
Location and description of proposed changes
to the site, including contours and spot elevations showing existing
and postconstruction conditions;
(3)
Measures for soil erosion and sediment control;
(4)
A schedule for the sequence of installation
of planned erosion and sediment control measures as related to the
progress of the project, including anticipated starting and completion
dates;
(5)
All proposed revisions of data required shall
be submitted for approval;
(6)
Descriptions of means for maintenance of erosion
and sediment control measures and facilities during and after construction;
and
(7)
Such other information as may be required.
A.
General standards. The following general principles
of design shall be adhered to, in accordance with the Standards for
Soil Erosion and Sediment Control as promulgated by the State Soil
Conservation Committee:
(1)
The smallest practical area of land shall be
exposed at any one time during development, and, when feasible, natural
vegetation and existing trees shall be retained and protected.
(2)
Temporary plant cover or mulching shall be used
to protect critical erosion areas during construction or other disturbance.
(3)
Temporary diversions and outlets shall be constructed
or installed to accommodate the increased runoff caused by the changed
soil and surface conditions during development.
(4)
Sediment shall be retained on the site to the
maximum extent feasible.
(5)
Sediment basins, debris basins, desilting basins,
silt traps or similar structures shall be installed prior to any on-site
grading or disturbance.
(6)
Permanent final plant cover, such as lawn or
ground cover, shall be installed as quickly as possible on any site,
but must be installed within 90 days.
(7)
Permanent improvements such as roads, catch
basins and curbs shall be installed or constructed and completed as
quickly as possible.
B.
Detailed standards. The detailed plans, specifications
and standards in any soil erosion and sedimentation control plan shall
be dictated by the characteristics of the site to be developed and
the nature of the development. All such plans shall utilize the standards
and specifications set forth in accordance with the Standards for
Soil Erosion and Sediment Control in New Jersey as promulgated by
the State Soil Conservation Committee.
A.
Approving agency. The County Soil Conservation District
shall require the construction or installation of improvements or
such other measures necessary to prevent soil erosion and sedimentation
prior to any site development work or the start of construction.
B.
Bonding. Improvements or such other measures on an
approved soil erosion and sedimentation control plan which may be
required subsequent to the start of construction or site development
work may be deferred until such appropriate time as required. The
Borough of Glen Gardner shall require the posting of a separate soil
erosion and sediment control performance guaranty prior to the start
of construction.
C.
Maintenance. All necessary soil erosion and sediment
control measures installed under this article shall be adequately
maintained.
The following procedures shall apply with respect
to the enforcement of this article:
A.
Regular inspection of projects to determine execution
in accordance with the certified plan shall be carried out by the
Soil Conservation District and Borough Engineer.
B.
The applicant shall be required to have the certified
plan on-site during construction.
C.
The Soil Conservation District and Borough Engineer
shall determine at each inspection whether or not the provisions of
the certified plan are being followed by the applicant.
D.
The Borough Engineer shall inform the Soil Conservation
District of observed deviation from the certified plan.
E.
The Borough of Glen Gardner or Soil Conservation District
may issue a stop-construction order if the applicant fails to comply
with the provisions of the certified plan.
F.
When a stop-construction order is issued, no further
construction activity may take place until the applicant is in compliance
with all provisions of the certified plan.
G.
The Borough shall not issue a certificate of occupancy
unless there has been compliance with the provisions of the certified
plan for permanent measures as certified by the Soil Conservation
District.
If any person violates the provisions of this article, any standards promulgated pursuant to the provisions of this article or fails to comply with the provisions of the certified plan, the Borough or the district 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. Said person shall be liable to a penalty as provided in § 104-94.
This article shall take effect following final
municipal adoption and publication according to law and upon subsequent
and final approval by the State Soil Conservation Committee. Subsequent
changes to this article shall also be subject to approval by the State
Soil Conservation Committee.
