[Amended 8-10-1992 by Ord. No. 4-92; 9-13-1999 by Ord. No. 11-99; 6-4-2003 by Ord. No. 12-03; 11-3-2004 by Ord. No. 22-04; 4-20-2005 by Ord. No. 5-05; 11-17-2010 by Ord. No. 08-10]
A. 
Purpose. The general purpose of this article is to promote the public health, safety, convenience and general welfare of the Township by controlling soil erosion, sedimentation and related environmental damage from housing, commercial, utility, highway and other construction activities which cause water runoff, soil disturbance, destruction or removal of ground cover or plant life, all resulting in off-site sediment damage. The specific purposes of this article are to require adequate provisions for:
(1) 
Surface water retention, drainage, and disposal.
(2) 
Protecting exposed soil surfaces during and after construction.
(3) 
Maintaining the useful life of reservoirs by preventing sedimentation.
(4) 
Preventing dangers to life and property from flooding resulting from excessive water runoff and clogging of drainage structures.
(5) 
Preserving for recreational use of water bodies for swimming and fishing by preventing stagnation.
(6) 
Enhancing the recycling of wastewater by maintaining sufficient flows in streams and rivers to maintain oxygen levels.
(7) 
Preventing toxic materials, nitrates and pesticides from entering public and private water supplies.
(8) 
Reducing public expenditures for repair of public facilities resulting from soil erosion and sedimentation.
(9) 
Conserving the taxable value of property by enhancing the environmental character of the Township.
B. 
Definitions. In the interpretation and enforcement of this article, the following words, terms and phrases shall include the meanings given herein, unless otherwise specifically stated.
APPLICANT
A person or any other legal entity requesting permission to engage in land disturbance activity.
APPROVED PLAN
A plan to control soil erosion and sedimentation, which has been approved by the proper Township authority.
BOARD
Planning Board or Board of Adjustment, as appropriate.
CRITICAL AREA
A sediment-producing highly erodible or severely eroded area.
CUT
A portion of land surface or area from which earth has been removed or will be removed by excavation; the depth below the original ground surface to the excavated surface.
DIVERSION
A channel with or without a supporting ridge on the lower side constructed across or at the bottom of a slope.
EROSION
The detachment and movement of land surface by water, wind, ice or gravity.
EXCAVATION
Any act by which soil or rock is cut into, dug, quarried, uncovered, removed, displaced or relocated.
EXISTING GRADE
The vertical location of the existing ground surface prior to excavating or filling.
FARM CONSERVATION PLAN
A plan which provides for the use of land, within its capabilities and treatment, within practical limits, according to a chosen use to prevent further deterioration of soil and water resources.
FINISHED GRADE
The final grade or elevation of the ground surface conforming to the proposed design.
GRADING
Any stripping, cutting, filling, stockpiling, or any combination thereof, and the land in its cut or filled condition.
LAND
Any ground, soil or earth, including marshes, swamps, drainageways and areas not permanently covered by water, within the Township.
LAND DISTURBANCE
Any activity involving clearing, grading, transporting, or filling and any other activity which causes land to be exposed to the danger of erosion.
MULCHING
The application of plant residue or other suitable materials to the land surface to conserve moisture, hold soil in place and aid in establishing plant cover.
PLAN CERTIFICATION
A certificate issued to perform work under this article.
SEDIMENT
Solid 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.
SEDIMENT BASIN
That area formed by a barrier or dam built at a suitable location to retain rock, sand, gravel, silt or other materials.
SEDIMENT POOL
A reservoir space allotted to the accumulation of submerged sediment during the life of a structure.
SITE
Any lot or parcel of land.
SOIL
All unconsolidated mineral and organic material which can be readily excavated.
SOIL CONSERVATION DISTRICT or DISTRICT
A governmental subdivision of this state denominating the Morris County Soil Conservation District which encompasses the Township, organized in accordance with N.J.S.A. 4:24-1 et seq., as amended and supplemented.
SOIL EROSION AND SEDIMENT CONTROL PLAN
A plan which fully indicates necessary land treatment measures, including a schedule of the timing for their installation, which will effectively minimize soil erosion and sedimentation during and after the development of a site. Such measures shall be equivalent to the standards provided herein.
STANDARDS
Such specifications and standards for soil erosion and sediment control in New Jersey as promulgated by the State Soil Conservation Committee in the Department of Agriculture established pursuant to the Soil Erosion and Sediment Control Act.[1]
STRIPPING
Any activity which removes or significantly disturbs vegetated or otherwise stabilized soil surface, including clearing and grubbing operations.
TOWNSHIP AUTHORITY
The Township Engineer, and such other departments, employees, officials or consultants as have been authorized by the Township Committee to approve plans required by this article.
VEGETATIVE PROTECTION
The stabilization of erosive or sediment-producing areas by covering the soil with permanent seeding, producing long-term vegetative cover; short-term seeding, producing temporary vegetative cover; or sodding, producing areas covered with a turf of perennial sod-forming grass.
WATERCOURSE
Any natural or artificial watercourse, stream, river, creek, ditch, channel, canal, conduit, culvert, drain, waterway, gully, ravine or wash in which water flows in a definite direction or course, either continuously or intermittently, and which has a definite channel, bed and banks, and any area adjacent thereto subject to inundation by reason of the overflow of floodwater.
[1]
Editor's Note: See N.J.S.A. 4:24-39 et seq.
C. 
Administration.
(1) 
Applicability. A soil erosion and sediment control plan shall be approved by a Board prior to preliminary major site plan approval, minor subdivision approval or preliminary major subdivision approval. The measures of the approved soil erosion and sediment control plan shall accompany the sketch plat for a minor subdivision and shall be incorporated into the final plat or site plan and final construction drawings for a major subdivision or major site plan. The Board shall review and make a decision on all soil erosion and sediment control plans within a period of 30 days of submission of a complete application unless, by mutual agreement in writing between the Board and the applicant, this period is extended for an additional 30 days. Failure of the Board to make a decision within such period or such extension thereof shall constitute approval. The applicant shall be provided with written notice of such decision by the Township Engineer (or other authorized municipal official). 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 Morris County Soil Conservation District. The municipality shall also make available such other information as may be required by the District.
(2) 
Board approval. The soil erosion and sediment control plan or any major amendment shall be approved by the Board in the manner and form according to the regulations hereafter set forth. The Board, in approving a soil erosion and sedimentation control plan, may impose lawful conditions or requirements designated or specified on or in connection therewith and may require that such conditions or requirements, and the satisfaction thereof, be made a part of all improvement and maintenance agreements to be executed with the Township, and the securities to be posted in connection therewith. These conditions and requirements shall be provided and maintained as a condition to the establishment, maintenance and continuance of any use or occupancy of any land or structure thereon.
(3) 
Minor amendments. Amendments to a soil erosion and sediment control plan required as the result of conditions arising in the field during construction may be approved by the Township Engineer upon written request to him or her, and such approval as may be given by said Engineer shall be communicated in writing by the Engineer to the Board notifying the Board of the nature and reason for the change.
(4) 
Major amendments: amendments that would require the applicant to go back to the Board for further approval or that would substantially expand the limit of disturbance.
(5) 
Any project involving land disturbance of one acre or more must comply with the requirements of the New Jersey Pollutant Discharge Elimination System (NJDPES) Stormwater Phase II, NJ0088323, requirements. The Township Authority shall review and approve the plan, which shall then be referred to the District for administration and further action.
(6) 
Review. The Board may refer soil erosion and sediment control plans to the District or such other local, county, state or federal agency (including the Natural Resources Conservation Service of the Department of Agriculture) as may be particularly qualified to review said plan, and no approval of the Board shall be given until after receipt and recommendation thereof. All public facility projects shall be submitted to the District for review, certification and enforcement.
(7) 
The Township Authority or his or her designee shall provide reports to the District as required by N.J.A.C. 2:90-11(g) or any amendments thereto.
(8) 
Grading permit. Where subdivision approval or site plan approval is not required and 5,000 square feet or more of land is proposed to be cleared, graded, transported, filled or otherwise disturbed and the proposed work is not otherwise exempt from the requirements of this article, under § 225-93 a grading permit shall be required. A separate application shall be required for each grading permit. Plans, specifications and time schedules shall be submitted with each application for a grading permit, together with the application fee set forth in Chapter 171. The plans shall be prepared and duly signed and sealed by a professional engineer licensed in the State of New Jersey.
A. 
Application procedure.
(1) 
No land area within the Township shall be cleared, graded, transported, filled or otherwise disturbed by any person or legal entity for purposes, including but not limited to the construction of buildings or roads, the filling of land, the removal of natural resources, the mining of materials and the development of recreational facilities, including golf courses, unless:
(a) 
The proper Township authority has received and approved a plan to provide for soil erosion and sediment control for such land consistent with this article, and issued a valid land disturbance permit for such land area.
(b) 
There has been a valid grading permit issued by the Township Engineer; or
(c) 
The disturbance activity is exempted under § 225-93.
(2) 
Without limiting the effect of the preceding subsection, no preliminary site plan or preliminary subdivision application shall be granted approval by a Board unless the application includes a soil erosion and sediment control plan in accordance with the standards provided for herein. No approval for occupancy of any building will be granted unless all necessary soil erosion control measures have been completed in accordance with this chapter. The applicant shall bear the final responsibility for the installation and construction of all required soil erosion and sediment control measures according to the provisions of this article.
B. 
Data required. The applicant must submit a soil erosion and sediment control plan for the entire site. The plan shall contain:
(1) 
Measures for soil erosion and sediment control, which must meet or exceed the specifications and standards for soil erosion and sediment control in New Jersey promulgated by the State Soil Conservation Committee in the Department of Agriculture established pursuant to N.J.S.A. 4:24-1 et seq.
(2) 
A schedule indicating the anticipated starting and completion dates and the sequence of installation of planned erosion and sediment control measures as related to the progress of the project, and the time of exposure of each area prior to the completion of such measures.
(3) 
The location and description of existing natural and man-made features on and surrounding the site and including general topography and soil characteristics and a copy of the soil conservation district soil survey, where available.
(4) 
The location and description of proposed changes to the site and a sketch of the proposed development.
(5) 
All proposed revisions of data required shall be submitted for approval.
C. 
General design principles. In the preparation and implementation of a soil erosion and sediment control plan, the following principles of design shall be adhered to:
(1) 
Control measures shall apply to all aspects of the proposed site plan involving land disturbance, including road and utility installations, as well as to the protection of individual lots.
(2) 
Measures shall be instituted to prevent or control soil erosion and sedimentation, and such measures shall be in operation during all stages of development.
(3) 
The smallest practicable area of land shall be exposed at any one time during development, and stripping of vegetation, grading or other soil disturbance shall be done in a manner which will minimize soil erosion and the duration of the disturbance.
(4) 
Work shall be performed in stages where necessary.
(5) 
The construction or installation of improvements such as diversions, sediment basins and similar structures required to prevent soil erosion and sedimentation shall be required prior to the start of construction or on-site grading or disturbance.
(6) 
Permanent improvements, such as roads, catch basins, curbs and the like, shall be installed or constructed and completed as soon as possible.
(7) 
Temporary diversions and outlets shall be constructed or installed to accommodate the increased runoff caused by the changed soil and surface conditions during development.
(8) 
Sediment basins, debris basins, desilting basins or silt traps shall be installed to remove sediment from runoff waters.
(9) 
Sediment shall be retained on the site to the maximum extent feasible.
(10) 
Stormwater runoff shall be minimized and retained on the site wherever practicable by the construction-suitable stormwater management features.
(11) 
Drainage provisions shall accommodate increased runoff resulting from modified soil and surface conditions during and after development or disturbance.
(12) 
Whenever feasible, natural vegetation shall be retained and protected.
(13) 
Permanent final plant cover or lawn or ground cover shall be installed on any site prior to the issuance of a certificate of occupancy. In the event that such permanent final plant cover cannot be installed because of conditions of weather, the installation thereof shall be enforced by appropriate provisions in a bond or other security and improvement agreements. If permanent protection and cover has not been and cannot be installed, temporary measures in accordance with the Standards for Soil Erosion and Sediment Control in New Jersey as promulgated by the State Soil Conservation Committee must be installed until such time as permanent measures can be installed.
(14) 
Either temporary seeding, mulching, plant cover or other suitable stabilization measures shall be used to protect exposed critical erosion areas during construction or other land disturbance.
A. 
Maintenance. All necessary soil erosion and sediment control measures installed under this article shall be adequately maintained by the applicant and all subsequent owners of the property on which such measures have been installed, until the possibility of soil erosion and sediment pollution no longer exists.
B. 
(Reserved)[1]
[1]
Editor’s Note: Former Subsection B, Maintenance guarantee, was repealed 6-11-2018 by Ord. No. 12-18.
C. 
Fees. Each application for approval of a soil erosion and sediment control plan shall be accompanied by a fee and required escrow deposit in accordance with Chapter 171. The applicant shall pay the costs of the Township Engineer's review of plans and inspections of the control measures in accordance with the contract for his/her work in the Township.
The provisions of this article shall be enforced by the Township Engineer, who shall also inspect or require adequate inspection of the work carried out pursuant to this article. If the Township Engineer finds any existing conditions not as stated in the applicant's erosion and sediment control plan and application, he or she may refuse to approve further work and may require necessary erosion and sedimentation control measures to be promptly installed and may require modifications to the plan when, in his or her judgment, such are necessary to properly control erosion and sediment. He or she may also seek other penalties as provided in § 225-94. The applicant shall be required to have the approved or certified soil erosion and sediment control plan on the site during construction.
A. 
Exemptions. The following activities are specifically exempt from this article:
(1) 
Any soil disturbance where less than 5,000 square feet of land area will be disturbed.
(2) 
Construction of a new single-family dwelling unit on a lot where demolition of an existing dwelling is not proposed and the lot was not subject to any Planning Board or Board of Adjustment approval since January 1, 1976.
(3) 
Grading of land or cultivation of soil for agricultural or horticultural purposes. To be exempt, the applicant must submit proofs that the land is in use for such purposes. Such proofs shall include a farmland preservation plan, right-to-farm protections, farmland assessment, farm management plan, or other proofs deemed appropriate by the Township. The Township Authority shall determine if such proofs demonstrate an agricultural or horticultural activity that is exempt from this article, or if the activity is subject to this article. Grading in excess of 5,000 square feet that is related to the construction of agricultural structures is not exempt unless the disturbance has been incorporated into a farm conservation plan approved by the District. If the grading of land or cultivation of soil is consistent with a farm conservation plan that has been approved by the District, such activities shall be deemed exempt.
B. 
Appeals.
(1) 
Request for reconsideration. Any person aggrieved by a decision or action of the Township Authority or Board shall first submit a written request for reconsideration to the Township Authority within 10 working days of the action taken. The Township Authority shall review the request and make a determination within 35 calendar days of the request unless additional time is mutually agreed upon by the Township Authority and the aggrieved person. The Township Authority's determination shall be in writing.
(2) 
To appeal the determination of the Township Authority, the aggrieved person shall subsequently petition the State Soil Conservation Committee within 10 working days of the final determination by the Township Authority. The appeal process before the Committee shall be governed by established procedures at N.J.A.C. 2:90-1.16.
A. 
Monetary. Any person or legal entity who violates any of the provisions of this article or any standard promulgated pursuant to this article, or who fails to comply with the provisions of a certified plan, or who fails to comply with any applicable provisions of this article, 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.[1]). The Superior Court, County District Court and Municipal Court shall have jurisdiction to enforce said 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.
[1]
Editor's Note: N.J.S.A. 2A:58-1 to 2A:58-9 were repealed by L.1999, c. 274, § 4. See now N.J.S.A. 2A:58-10 et seq.
B. 
Stop orders; revocation of building permits or certificate of occupancy; injunctive relief. In the event of a failure to comply with any condition or regulation or provision of an approved soil erosion and sediment control plan of this article, the Building Inspector or the Township Engineer, either on his or her own initiative or upon recommendation of the Board, shall revoke any building permit or permits or certificate or certificates of occupancy, as the case may be, issue such stop order or orders, as the case may be, and seek to enjoin any such failure or violation through a court of competent jurisdiction, or take such other steps as may be authorized and permitted by law to correct such violation or enforce implementation of such approved plan. A formal report of compliance with the provisions of the approved plan for soil erosion and sediment control must be filed with the municipal agent authorized to issue certificates of occupancy. A copy of this report shall be sent to the Morris County Soil Conservation District.