[Ord. No. 0-24-74; Ord. No. 0-31-76; 1967 Code § 67-1]
As used in this section:
A person, partnership, corporation, public agency or other
entity requesting permission to engage in land disturbance activity.
Plan to control soil erosion and sedimentation which has
been approved by the Township Engineer.
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.
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.
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.
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.
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.
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.
[Ord. No. 0-24-74; Ord. No. 0-3-76; 1967 Code 67-2]
a.
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.
b.
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.
c.
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.
[Ord. No. 0-24-74; 1967 Code § 67-3]
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.
[Ord No. 0-24-74; 1967 Code § 67-4]
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:
a.
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.
b.
Location and description of proposed changes to the site.
c.
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.
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 (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.
[x Ord. No. 0-24-74; 1967 Code § 67-5]
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.
[Ord. No. 0-24-74; Ord. No. 0-31-76; 1967 Code § 67-6]
a.
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.
b.
The following principles shall apply to the soil erosion and sediment
control plan:
1.
Stripping of vegetation, grading of other land disturbing activities
shall be done in a manner which will minimize soil erosion.
2.
Whenever feasible, natural vegetation shall be retained and protected.
3.
The extent of the disturbed area and the duration of its exposure
shall be kept insofar as reasonable within narrow limits.
4.
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.
5.
Satisfactory provisions shall be made for drainage to accommodate
increased runoff resulting from modified soil and surface conditions,
during and after development or disturbance.
6.
Water runoff shall be minimized and retained on site wherever possible
to facilitate groundwater recharge.
7.
Sediment shall be retained on site to the maximum extent feasible.
8.
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.
9.
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:
(a)
Grading shall be such that a minimum of acid formation shall
be exposed.
(b)
All exposed material shall be covered with a minimum of one
foot of nonacid soil suitable for plant growth plus six inches of
topsoil.
(c)
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.
(d)
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.
10.
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.
[Ord. No. 0-24-74; 1967 Code § 67-1]
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.
[Ord. No. 0-24-74; 1967 Code § 67-8]
a.
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.
b.
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.
[Ord. No. 0-24-74; Ord. No. 0-7-80; 1967 Code § 67-9]
a.
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.
b.
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.
[Ord. No. 0-24-74; Ord. No. 0-31-76; 1967 Code § 67-10]
a.
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.
b.
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.
[Ord. No. 0-24-74; Ord. No. 0-31-76; 1967 Code § 67-11]
The following activities are specifically exempt from this section:
a.
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.
[Ord. No. 0-24-74; 1967 Code § 67-12]
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.
[Ord. No. 0-24-74; 1967 Code § 67-13]
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.
[Ord. No. 9-9-57; 1967 Code § 66-1]
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.
[Ord. No. 9-9-57; 1967 Code § 66-2]
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.
[Ord. No. 9-9-57; Ord. No. 0-8-72; Ord. No. 0-15-74; 1967 Code § 66-3]
a.
Request for hearing.
1.
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:
2.
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.
b.
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.
[Ord. No. 9-9-57; 1967 Code § 66-4]
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.
[Ord. No. 9-9-57; Ord. No. 0-15-74; 1967 Code § 66-5]
a.
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.
b.
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.
c.
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.
[Ord. No. 9-9-57; Ord. No. 0-8-72; Ord. No. 0-15-74; 1967 Code § 66-6]
a.
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.
b.
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:
1.
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.
2.
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.
c.
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.
[New]
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.
