[Amended 3-9-1992 by Ord. No. 9-1992; 7-22-2002 by Ord. No.
26-2002]
A.
Purpose. The purpose of this section is to control soil erosion and
the resulting sedimentation from occurring by requiring proper provisions
for water disposal and the protection of soil surfaces during and
after construction in order to promote the safety, public health,
convenience and general welfare of the community. These rules and
regulations further adopt the purposes of P.L. 1975, Chapter 251,
N.J.S.A.4:29-39 et seq. and N.J.A.C., Chapter 90, Title 2, entitled
"Soil Erosion and Sediment Control Act."
B.
Control plan. No site plan or land subdivision involving more than
two acres or containing more than three lots shall be approved by
any board unless it includes a soil erosion and sediment control plan
in accordance with the "Standards for Soil Erosion and Sediment Control
in New Jersey" as adopted by the State Soil Conservation Committee
on April 12, 1999, or most recent revision (reference standards) and
enforced by the Morris County Soil Conservation District and further
in these regulations by the Borough of Madison. The Board may require
a soil erosion and sediment control plan for any exempted project,
if, in its judgment, the topography of the site requires consideration
of soil erosion and sediment control plans. No certificate of occupancy
for any building will be granted unless all needed soil erosion control
measures have been completed or substantially provided for in accordance
with this section. The applicant shall bear the responsibility for
the installation and construction of all required soil erosion and
sediment control measures according to the provisions of this chapter.
The applicant may consult with the Morris County Soil Conservation
District in the development of the plan and the selection of appropriate
erosion and sediment control measures.
C.
Data required. The applicant shall submit a soil erosion and sediment
control plan for the entire tract of land. The soil erosion and sediment
control plan shall contain:
(1)
Plans and specifications of soil erosion and sediment control measures
in accordance with the reference standards.
(2)
A site-specific timing schedule indicating the anticipated starting
and completion dates of the development sequence in accordance with
reference standards and also the time of exposure of each area prior
to the completion of effective erosion and sediment control measures.
D.
Permits. No land subject to this section shall be cleared, graded,
transported or otherwise disturbed for any purpose, including but
not limited to the construction of buildings, the mining of minerals
or removal of other natural resources, the development of golf courses
or other recreational facilities and the construction of roads and
streets by any person, partnership or corporation within the Borough,
unless:
(1)
There has been a plan approved by the Board that provides for minimizing
soil erosion and sedimentation consistent with this chapter and there
has been a valid grading permit issued by the Borough Engineer; or
(2)
There has been a determination by the Board that a plan for minimizing
soil erosion and sedimentation is not necessary.
E.
Preparation of plans. The plans shall be prepared and duly signed
and sealed by a professional engineer, architect or land surveyor.
F.
Implementation. Since considerable soil erosion can take place during
land disturbance, development plans shall contain proposed soil erosion
and sediment control measures. These measures shall be incorporated
into the final plat and final construction drawings. Soil erosion
and sediment control measures shall conform to the reference standards.
The measures shall apply to all features of the construction site,
including street and utility installations, as well as to the protection
of individual lots. Measures shall also be instituted to prevent or
control soil erosion and sedimentation during the various stages of
development.
G.
General design principles. The following principles are effective
in minimizing soil erosion and sedimentation and shall be included,
where applicable, in the soil erosion and sediment control plan:
(1)
Stripping of vegetation, regrading or other development shall be
done in such a way that will minimize soil erosion.
(2)
Whenever feasible, natural vegetation shall be retained, protected
and supplemented.
(3)
The disturbed area and the duration of exposure shall be kept to
a practical minimum.
(4)
Temporary seedings and/or mulching shall be used to protect exposed
critical areas during development.
(5)
Provisions shall be made to accommodate the increased runoff caused
by changed soil and surface conditions during and after development.
(6)
Sediment in the runoff water shall be trapped until the disturbed
area is stabilized by the use of sediment basins or other acceptable
methods.
(7)
Diversions, sediment basins and so forth shall be constructed prior
to any other on-site grading or disturbance of existing surface material.
H.
Detailed design standards. Standards and specifications for measures
used in the soil erosion and sediment control plan shall be in accordance
with the reference standards. Copies of "Standards for Soil Erosion
and Sediment Control in New Jersey" of the Morris County Soil Conservation
District shall be on file in the offices of the Morris County Soil
Conservation District and the Borough Clerk.
I.
Maintenance of control measures. Applicants or developers or subsequent
owners of property carrying out soil erosion and sediment control
measures under this article shall adequately maintain all permanent
soil erosion control measures, devices and plantings in effective
working condition.
J.
Maintenance bond. Upon the certification of the Borough Engineer
that any permanent soil erosion and sediment control measures installed
by individuals or developers pursuant to this chapter have a direct
effect on public improvements in the vicinity of the proposed development,
the Board shall require the individual or developer to post a surety
maintenance bond with the Borough Clerk for an amount equal to 10%
of the improvements constructed. A direct effect on public improvements
shall mean that should the soil erosion and sediment control measures
constructed by a developer or applicant be destroyed, fail to operate
properly, be removed or any other such happenstance, such occurrence
would prevent or hinder the proper operation of a public improvement
in that vicinity. The value of the improvements constructed shall
be determined by the Borough Engineer, and the surety maintenance
bond shall be in a form acceptable to the Borough Attorney. The maintenance
bond shall be for a term of two years.
K.
Fees. A fee of $20 per acre (with a minimum fee of $100) shall be
paid to the Board for each soil erosion and sediment control plan
filed with the Board to cover the cost of reviewing said plan and
any on-site inspections by the Borough Engineer.
L.
Enforcement. The requirements of this section shall be enforced by
the Borough Engineer, who shall inspect or require adequate inspection
of the work. If the Borough Engineer finds any existing conditions
not as stated in any application, he may refuse to approve further
work or notify the district of noncompliance. The Morris County Soil
Conservation District or Borough of Madison may issue a stop-work
order if the applicant/owner takes no action to comply with the approved
plan.
M.
Violations and penalties. Any person, firm or corporation who or
which shall violate any provision of this section shall be liable
to a fine not exceeding $2,000 or to imprisonment for a term not exceeding
90 days, or both. Each day such violation continues shall constitute
a separate violation or offense.
[Amended 5-8-2006 by Ord. No. 19-2006]
N.
Appeal. If any person against whom a stop-work order is issued by
the district or local authority is aggrieved by such action, said
person may, within 10 days, appeal to the State Soil Conservation
Committee which shall schedule a hearing and make a determination
in the case.
A.
Permit required. No person shall remove or deposit soil on any premises
in the Borough of Madison other than on the premises from which the
soil shall be moved, unless a permit therefor is first secured from
the Borough Council as hereinafter set forth; provided, however, that
no permit shall be required for the following:
(1)
The moving of excess soil resulting from foundation or cellar excavations
up to 100 cubic yards total.
(2)
The moving of soil upon any lot containing less than 20,000 square
feet on which there is an existing one- or two-family dwelling.
(3)
The moving of soil for gardening primarily for home consumption or
landscaping for aesthetic purposes, not to exceed 20% of the lot area
and 100 cubic yards.
(4)
The moving of soil which does not result in either substantial changes
in grade and/or elevation or does not significantly alter drainage
runoff patterns from said lot.
B.
Information required for permit application.
(1)
Application for a soil-moving permit shall be filed with the Borough Engineer, in triplicate, accompanied by the fee set forth in Subsection D hereof, setting forth the following:
(a)
The name and address of the applicant.
(b)
The name and address of the owner if other than the applicant.
(c)
The description and location of the land in question, including
the tax map lot and block numbers.
(d)
The purpose or reason for moving the soil.
(e)
The kind and quantity, in cubic yards, of soil to be moved.
(f)
The origin and destination of soil to be moved.
(g)
The quality of origin and destination soils with reference to
the state soil cleanup criteria.
(h)
The proposed date of commencement and completion of the soil
moving.
(i)
The name, address and telephone number of the person having
direct charge over the soil-moving operation.
(2)
The application shall be accompanied by a topographical map, in triplicate,
of the lands in question. Said map shall be prepared and certified
by a licensed professional engineer or a licensed land surveyor on
a scale of not less than 50 feet to the inch, showing the following:
(a)
The present grades on a fifty-foot grid layout.
(b)
The proposed finished grades.
(c)
The quantity, in cubic yards, of the soil to be moved.
(d)
The grades of all streets and lots within 100 feet of the property
in question.
(e)
Proposed slopes and lateral supports.
(f)
Present and proposed surface water drainage.
C.
Notice to neighboring property owners. After receipt of an application for a permit as set forth in Subsection A hereof, the Council shall advise the applicant that the matter will be considered at a meeting to be held not less than 15 nor more than 30 days thereafter. Upon being advised of the date of the meeting for consideration of the application, the applicant shall serve written notice, either by personal service or by certified mail, return receipt requested, upon all property owners within 200 feet of the extreme limits of the property as their names appear on the Borough tax records. Said notice shall be served as aforesaid, not later than seven days prior to the date of the meeting scheduled for consideration of the application. The applicant shall deliver an affidavit of service to the Borough Clerk at least two days prior to the date of said meeting.
D.
Fees.
(1)
Along with the application, there shall be deposited with the Borough
Clerk a permit fee calculated in accordance with the following schedule:
|
Cubic Yards of Soil to be Moved
|
Fee
|
|---|---|
|
Up to 500
|
$100.00
|
|
Above 500
|
$250.00 plus a sum computed at $0.15 per cubic yard multiplied
by the number of yards
|
(2)
The charge in accordance with the schedule hereinbefore set forth
shall include all engineering and other services the Borough may deem
desirable or necessary to assure an orderly soil operation in full
compliance with provisions of this section.
E.
Considerations governing grant of permit.
(1)
In considering and reviewing applications for soil moving permits,
the Borough Council shall be guided and take into consideration the
public health, safety and general welfare, and particular consideration
shall be given to the following factors:
(2)
If, following the hearing during which all persons shall be given
an opportunity to be heard, the Borough Council shall be of the opinion
that the proposed soil moving will not create conditions detrimental
to the public health, welfare and safety; will not result in the creation
of any sharp declivities, pits or depressions, soil erosion or fertility
problems or depressed land values; or create any drainage or sewerage
problem or hazardous conditions, permission to move soil shall be
granted.
F.
Regulation of soil-moving operations. If a permit to move soil is
issued in accordance with the provisions of this section, the operation
conducted thereunder shall be subject to the following conditions:
(1)
The person or persons receiving the permit shall agree, in writing,
to properly level off, remove debris and grade the premises to conform
to the contour lines established by the Borough Council.
(2)
Operations shall be conducted only during the hours of 7:30 a.m.
to 4:30 p.m. on normal weekdays. It shall be unlawful to conduct moving,
grading or excavating operations Saturdays, Sundays, legal holidays
or off-hours except by specific written permission of the Engineer,
with specific concern for machinery producing excessive noise or requiring
additional monitoring.
(3)
Soil-moving operations shall be restricted to street routes established
by the Borough Council. Determination by the Council of the street
routes to be used shall be based on factors which contribute to the
best interests of the health, safety and welfare of the residents
of the Borough.
(4)
All reasonable means shall be employed by the person or persons conducting
a soil-moving or grading or excavating operation to prevent air pollution
by large quantities of dust and dirt. Such means may include, but
are not necessarily limited to, spraying water, oil or other dampening
agents on the surface of the ground.
(5)
Permits for the moving of soil issued in accordance with the provisions
of this section shall not be transferable.
(6)
The person or persons receiving the permit shall not take away the
top layer of arable soil for a depth of 12 inches, but such layer
of topsoil shall be set aside and shall be respread over the premises
when the rest of the soil has been removed, in conformity with the
contour lines approved by the Borough Council.
G.
Deposit of removed soil. Where soil moving is permitted, no person,
owner, developer or excavator shall deposit soil upon, fill in or
raise the grade of any lot without first making provisions for:
(1)
The use in said work of soil or such other materials as will not
result in deviation from the proposed final grades or the uniformity
thereof by reason of shrinkage or settlement.
(2)
The collection and storage upon the lot of original topsoil not being
buried beneath soil or other material of inferior quality and the
uniform replacement of the topsoil so stored over the entire area
or surface of the fill soil or other material, so that the final grade
or grades of said replaced topsoil shall be in accordance with the
proposed final grades shown on the topographical map. In the event
that this requirement is not practicable, provision shall be made
for the uniform placement over the entire area or surface of the fill
soil or other material, except only such portions thereof as shall
be or shall have become permanently covered by a building or structure,
street, pavement, curb, sidewalk, driveway or other paved area; by
any body of water or waterway; or by a layer of topsoil not inferior
in quality to that of the original topsoil to a depth of not less
than six inches, measured from the proposed final grades as shown
on the topographical map. The determination of quality which shall
be the same as or better than originally existed, as referred to hereinabove,
shall be by competent authority in case of dispute between the permit
holder and the Borough.
(3)
The preservation of existing watercourses, in accordance with the
plans on file.
(4)
The planting of shrubbery and trees as may be directed by the Shade
Tree Management Board.
(5)
At no time will excavations be permitted to go below the final grade
as established by the plans approved.
(6)
The seeding of the entire area upon completion of the restoration
of the topsoil in accordance with the requirements hereof. The seed
spread shall germinate to the extent that soil erosion by wind and
water will be limited. The seed shall be of rye grass or comparable
quality.
H.
Certification of soil moved. The permittee shall, within 10 days
after the end of each month, furnish the Borough Engineer with certification
by a licensed engineer or land surveyor as to the soil moved during
the preceding month.
I.
Performance bond. Prior to the issuance of a soil moving permit,
the applicant shall have posted with the Borough a performance guaranty
conditioned upon full compliance with all the terms and conditions
of approval. The amount of the bond shall be in accordance with the
recommendation of the Borough Engineer, which amount shall be sufficient
to ensure the faithful performance of the work to be undertaken as
approved. The form of the bond shall be approved by the Borough Attorney.
J.
Enforcement officer; inspections. The Borough Engineer is hereby
designated as the officer whose duty it shall be to enforce the provisions
of this section. He shall, from time to time, upon his initiative,
and whenever directed by the Borough Council, inspect the premises
for which permits have been granted to ensure compliance with the
terms of the permit and of this section.
K.
Abandonment or delay of project; extension of permit.
(1)
In the event that, in the opinion of the Borough Engineer, the soil-moving
project or any part thereof has been abandoned or unnecessarily delayed
and completion cannot be within the time set forth in the soil-moving
permit, the Borough Engineer may so certify to the Borough Council,
in writing, and after hearing on seven days' notice to the permittee,
in writing, by certified mail at the address on the permit application,
the Borough Council may revoke the permit or call upon any surety
on the performance guaranty to complete the project. In the event
that a cash deposit guaranty is posted, the Borough may complete the
project and deduct the cost thereof from the deposit.
(2)
A permit hereunder shall be in force for one year. Applications for the extension of the permit shall be made upon the submission of the data required in Subsection B. As of the date of the application for renewal, a renewal permit may be issued by the Borough Council once, but for a period of no longer than one year.
L.
Violations and penalties. Any person, firm or corporation violating
any of the provisions of this section shall be subject to a fine not
exceeding $500 or imprisonment in the county jail for a term not exceeding
90 days, or both, in the discretion of the Judge before whom such
convictions shall be had. Each and every violation of this section,
or each day that any provision of this section shall have been violated,
shall be constructed as a separate and distinct violation thereof.
