§ 17-1SOIL EROSION AND SEDIMENT CONTROL.
§ 17-1.2Site plan required; permit.
§ 17-1.4Data required.
§ 17-1.5Issuance of permit.
§ 17-1.6Regulations and standards.
§ 17-1.7Maintenance of control measures.
§ 17-1.10Violations and penalties; abatement of violation.
§ 17-1.11Exempt activities.
§ 17-1.12Inspection and enforcement.
§ 17-2SOIL REMOVAL.
§ 17-2.1Permission required.
§ 17-2.2Filing of application and map.
§ 17-2.3Hearing; factors to be considered.
§ 17-2.4Conduct of operations.
§ 17-2.5Performance bond; cash surety; liability insurance.
§ 17-2.6Conformance required.
§ 17-2.7Violations and penalties.
As used in this section:
- A person, partnership, corporation, public agency or other entity requesting permission to engage in land disturbance activity.
- APPROVED PLAN
- Plan to control soil erosion and sedimentation which has been approved by the Township Engineer.
- CRITICAL AREA
- A sediment-producing area severely eroded or endangered by severe erosion.
- Detachment and movement of soil, rock or other mineral or organic fragments by water, wind, ice and gravity.
- EROSION AND SEDIMENT CONTROL PLAN
- A detailed plan in accordance with subsection 17-1.4 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, or established by the Gloucester County Soil Conservation District if not covered specifically by this section.
- EXCAVATION OR CUT
- The result of any act by which soil or rock is cut into, excavated, dug, quarried, uncovered, removed, displaced or relocated.
- FARM CONSERVATION PLAN
- 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.
- GLOUCESTER COUNTY SOIL CONSERVATION DISTRICT
- A governmental subdivision of this State, which encompasses this municipality, organized in accordance with the provisions of Title 4 of the New Jersey Revised Statutes.
- Any soil-bearing ground structure, including marshes, swamps, drainageways and areas not permanently covered by water within the municipality.
- LAND DISTURBANCE
- Any activity, including but not limited to clearing, grading, transporting or filling, which causes land to be exposed to or endangered by erosion.
- The application of plant residue or other organic materials to the land surface to conserve moisture, hold soil in place and aid in establishing plant cover.
- A certificate issued to perform work under this section.
- Soil, rock or other mineral or organic fragments being or having been removed from their site of origin by air, water, ice or gravity as a product of erosion.
- SEDIMENT BASIN
- A pond or other retention facility built at suitable locations to retain sediment.
- Any plot parcel or tract of land.
- All unconsolidated mineral and/or organic material of any origin.
- The Standards for Soil Erosion and Sediment Control in New Jersey, as promulgated by the State Soil Conservation Committee.
- Any land use activity which significantly disturbs vegetated or otherwise stabilized soil surface including but not limited to clearing and grubbing operations.
No site shall be disturbed by any person, partnership, corporation, public agency or entity within this municipality unless an application has been submitted to the Township Planning Board, Township Environmental Commission and Township Engineer together with a plan to provide for soil erosion and sediment control for such site consistent with this section. A land disturbance permit will be issued by the Township Department of Public Works, except as hereinafter exempted, after site plan or subdivision approval by the Planning Board.
Such review and approval shall be made within a period or 30 days of submission of a complete application unless by mutual agreement in writing between the municipality and the applicant, this period is extended for an additional 30 days. Failure of the municipality to make a decision within such a period or such extension thereof shall constitute certification.
The applicant shall be provided with written notice of such decision by the Township Engineer or other authorized municipal agent. A copy of such decision, including the name of the applicant, the site location by street address and block and lot number and the proposed land use, shall be sent to the Gloucester County Soil Conservation District. The Township shall also make available such other information as may be required by the District.
All applications for preliminary, or final if no application is made for preliminary, subdivision approval shall be accompanied by an application for a land disturbance permit pursuant to the terms hereof, which permit, if granted shall be conditioned upon final approval of the subdivision.
The applicant must submit a separate soil erosion and sediment control plan for each site and, in the event that the application is made in conjunction with an application for a subdivision, there shall be a separate plan for each proposed final section shown on the tentative plot. The plan shall contain the following:
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.
Location and description of proposed changes to the site.
Measures for soil erosion and sediment control, which must meet or exceed standards and specifications set forth herein or, in the absence of such standards, in the standards and specifications for soil erosion and sediment control adopted by the Gloucester County Soil Conservation District. Such standards and specifications shall be on file at the office of the Township Clerk.
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.
All proposed revisions of data required shall be submitted for approval.
A map showing the contours (at two-foot intervals, except where slopes are 3% or less and then one-foot intervals are required) 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.
Upon a determination by the Planning Board, Environmental Commission and the Township Engineer that all requirements of this section have been complied with and upon payment of all fees to be paid hereunder, the Township Engineer shall issue a permit to the applicant, with or without conditions. Each permit shall contain a reasonable time limit for all work to be performed thereunder to be completed.
Control measures shall apply to all aspects of the proposed site development involving land disturbance and shall be in operation during all stages of the disturbance activity.
The following principles shall apply to the soil erosion and sediment control plan:
Stripping of vegetation, grading of other land disturbing activities shall be done in a manner which will minimize soil erosion.
Whenever feasible, natural vegetation shall be retained and protected.
The extent of the disturbed area and the duration of its exposure shall be kept insofar as reasonable within narrow limits.
Either temporary seeding, mulching or other suitable stabilization measures shall be used to protect exposed critical areas during construction or other types of land disturbance.
Satisfactory provisions shall be made for drainage to accommodate increased runoff resulting from modified soil and surface conditions, during and after development or disturbance.
Water runoff shall be minimized and retained on site wherever possible to facilitate groundwater recharge.
Sediment shall be retained on site to the maximum extent feasible.
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.
In order to provide suitable conditions for growth of vegetation and to prevent the acidifying of drainage water in those areas underlain with acid formations with a pH below 4.0 the following requirements shall be met:
Grading shall be such that a minimum of acid formation shall be exposed.
All exposed material shall be covered with a minimum of one foot of nonacid soil suitable for plant growth plus six inches of topsoil.
Brooks and ditches with acid formation exposed shall be surfaced with traprock or other suitable material to prevent water from flowing in contact with the acid material.
Ponds with exposed underwater acid formation shall be treated with lime and phosphate as needed to establish pH, and provisions shall be made for neutralization maintenance as required.
In order to provide suitable conditions for the growth and maintenance of suitable vegetation and to avoid unstable conditions and other undesirable effects on buildings and grounds in those areas of a high-water table, proper drainage shall be provided to ensure that cyclic high-water-table levels will be eliminated or the undesirable effects on the buildings and grounds avoided.
All necessary soil erosion and sediment control measures installed or applied under this section shall be adequately maintained for two years after completion of the requirements of the approved plan. The Township Engineer shall give the applicant, upon request, a certificate indicating the date on which the measures called for in the approved plans were completed.
In the event that certain work required under the permit cannot be performed within the time set for completion in the permit due to inclement weather or other temporary conditions and if the Township Engineer determines that such work reasonably may or should be postponed until a later date in order to prevent hardship and to carry out the purposes of this section, a cash bond in form approved by the Municipal Attorney in an amount equal to the cost of the work as determined by the Township Engineer may be deposited with the Township to guarantee performance. Permission to postpone the required work shall set forth the date by which the work shall be completed, which shall in no event exceed six months from the date permission to postpone is granted. Failure to complete the required work within the specified time shall entitle the Township to use the money deposited to complete the work, returning any unused portion to the applicant when maintenance bonds have been posted.
Prior to acceptance by the Township Engineer of the work performed under the permit, the applicant shall submit a cash maintenance bond in form approved by the Township Attorney in an amount equal to 15% of the cost of the work as determined by the Township Engineer, which the bond shall guarantee proper maintenance for a period of two years.
The applicant shall pay to the Township at the same time the application is submitted a fee of $85 per acre for each acre or part thereof up to five acres; $70 per acre for each additional acre or part thereof in excess of five acres and up to 25 acres; $60 per acre for each additional acre or part thereof in excess of 25 acres and up to 100 acres; and $50 per acre for each additional acre or part thereof in excess of 100 acres.
All fees received shall be placed in an escrow account to be established and administered by the Planning Board. Sums not utilized in review and inspection processes shall be returned to the applicant. If additional sums, are deemed necessary, the applicant shall be notified of the required additional amount and shall add such sum to the escrow.
No Certificate of Occupancy for a project shall be issued unless there has been compliance with the provisions of a certified plan for permanent measures to control soil erosion and sedimentation. A formal report of such compliance must be filed with the municipal agent authorized to issue Certificates of Occupancy. A copy of this report shall be sent to the local Soil Conservation District.
If any person violates any of the provisions of this section or any standard promulgated pursuant to the provisions of this section or fails to comply with the provisions of a certified plan, the municipality or the district may institute a civil action in the Superior Court for injunctive relief to prohibit and prevent such violation or violations, and the Court may proceed in a summary manner. Any person who violates any of the provisions of this section of 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.). The Superior Court, County Court, County District Court and Municipal Court shall have jurisdiction to enforce the Penalty Enforcement Law. If the violation is of a continuing nature, each day during which it continues shall constitute an additional separate and distinct offense.
The following activities are specifically exempt from this section:
Land Disturbance occurring upon any site not requiring any submission or application to the Planning Board for subdivision approval, site plan approval or any other required approval.
The requirements of this section shall be enforced by the Township Engineer, who shall also inspect or require adequate inspection of the work. If the Engineer finds existing conditions not as stated in the applicant's erosion and sediment control plan, he 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.
Appeals from decisions under this section may be made to the Township Council in writing within 10 days from the date of such decision. The appellant shall be entitled to a hearing before the Township Council within 45 days after the date of its next regular meeting following the filing of the appeal.
No person shall excavate or otherwise remove soil or earth for sale or use other than on the premises from which the soil or earth shall be taken in connection with the construction or alteration of a building on such premises and excavation or grading incidental thereto, without first having procured permission therefor from the Mayor and Township Council.
The Mayor and Township Council shall not consider any application for removal of soil or earth from the premises, for sale or otherwise, unless and until the owner of the premises shall first file with the Township Clerk an application requesting such permission, together with a map of the premises showing the contour lines and proposed contour lines and proposed contour grades resulting from such intended removal of soil or earth in relation to the topography of the premises. The proposed contour lines and proposed grades shall be subject to the inspection and approval of the Mayor and Township Council. No such permission for soil or earth removal shall be issued until such map has been approved by the Mayor and Township Council.
Request for hearing.
Upon written request for a hearing made by the applicant to the Mayor and Township Council, an opportunity to be heard shall be granted within 30 days thereafter. The Mayor and Township Council in considering and reviewing the application and in arriving at its decision, shall be guided by and take into consideration the public health, safety and general welfare, and particular consideration shall be given to the following factors:
The Township Council may, where it deems necessary in order to evaluate the aforesaid factors, require the applicant to perform on-site test borings and such other related testing as may be required and to make such modifications of the plan or map to be filed as required pursuant to subsection 17-2.2 hereof.
If after examining the application and the map provided for in subsection 17-2.2, and after the hearing in the event a hearing is requested by the applicant, the Mayor and Township Council shall be of the opinion that the proposed soil removal will not create conditions inimical to the public health, welfare and safety, and will not result in the creating of any sharp declivities, pits or depressions, soil erosion or fertility problems, depressed land values, nor create any drainage, sewerage problems or other conditions of danger, permission to remove the soil shall be granted, for a period not to exceed one year. Any conditions of approval shall be duly noted in the permit.
If permission to remove the soil shall be granted, the owner person in charge shall so conduct the operations that there shall be no sharp declivities, pits or depressions, and in such a manner that the area shall be properly leveled off, cleared of debris, and graded to conform with the contour lines and grades as approved by the Mayor and Township Council.
Before any permit or permission for soil or earth removal shall be granted or issued, the owner or applicant shall file with the Mayor and Township Council a bond, in form and with surety acceptable to the Township, in such amount as in the opinion of the Mayor and Township Council shall be sufficient to ensure the faithful performance of the work to be undertaken pursuant to the permission granted by the Mayor and Township Council pursuant to the provisions of this section.
In the event that the surety bond shall not encompass terms and provisions to assure highway safety cleanup by the applicant during the course of each operation, the applicant shall be required to post with the Township Comptroller the sum of $500 to be held in escrow by the Township for the purpose of guaranteeing appropriate surety to effect such cleanup in the event of the applicant's noncompliance or failure to maintain reasonable maintenance of the highway from debris emanating from the site. The cash surety shall be maintained during the term of the soil removal permit.
The applicant shall evidence liability insurance in sums not less than $100,000/$300,000 per accident. Such insurance shall indemnify the Township from the operations of the applicant. A certificate or copy of the policy shall be delivered to the Township Clerk for filing.
No excavation shall be made and no soil shall be removed under the provisions of this section unless a permit therefor shall have been first obtained as provided herein, and no excavation shall be made and no soil shall be removed except in conformity with the provisions of this section. The permit shall contain the name and address of a person residing within the State of New Jersey upon whom lawful process may be served.
Subsequent to the issuance of the soil removal permit, the applicant, prior to the commencing of each soil removal operation in accordance with the permit, shall be required to submit the following to the Township Engineer for approval:
An operation schedule which shall set forth the approximate length and hours of operation and the section of the site to be excavated, as well as an appropriate schedule of repair and restoration work (such as grading, seeding and fertilizing) in reference to this operation.
A highway traffic plan which shall delineate the proposed entrances and exits, the approximate number and use of personnel to be utilized for the purpose of highway safety and traffic direction, as well as the highway cleanup.
Without the express written approval of the Township Engineer, no fertile top layer (topsoil) shall be removed from the site. All such material shall be appropriately stockpiled for use in restoration and repair of the site.
Any person, firm or corporation violating any of the provisions of this section shall, upon conviction thereof, be subject to the General Penalty established in Section 1-5 of this Code.