[HISTORY: Adopted by the Township Committee of the Township of Fredon Ord. No. 7-78 (Ch. XII of the 1972 Revised General Ordinances). Amendments noted where applicable.]
Uniform construction codes — See Ch. 200.
Flood control — See Ch. 270.
Site plan review — See Ch. 424.
Soil removal — See Ch. 446.
Stormwater control — See Ch. 457.
Subdivision of land — See Ch. 470.
Zoning — See Ch. 550.
Editor's Note: By Ord. No. 2017-08, adopted 7-27-2017, the term "Planning Board" was changed to "Land Use Board" throughout the Code.
This chapter shall be known as the "Fredon Township Soil Erosion and Sediment Control Chapter."
The purpose of this chapter is to control soil erosion and sediment damages and related environmental damage by requiring adequate provisions for surface water retention and drainage and for the protection of exposed soil surfaces in order to promote the public health, safety, convenience and general welfare of the community.
The following definitions shall apply in the interpretation and enforcement of this chapter:
- A person, partnership, corporation or public agency requesting permission to engage in land disturbance activity.
- CRITICAL AREA
- A sediment-producing, highly erodible or severely eroded area.
- Detachment and movement of soil or rock fragments by wind, water, ice and/or gravity.
- 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.
- EXCAVATION or CUT
- Any act by which soil or rock is cut into, dug, quarried, uncovered, removed, displaced or relocated.
- FARM CONSERVATION PLAN
- A plan which provides for use of land, within its capabilities and treatment, within practical limits, according to chosen use to prevent further deterioration of soil and water resources.
- Any ground, soil or earth, including marshes, swamps, drainageways, and areas not permanently covered by water, within the Township.
- LAND DISTURBANCE
- Any activity involving the clearing, grading, transporting, filling and any other activity which causes land to be exposed to the danger of erosion.
- 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.
- A certificate issued to perform work under this chapter.
- Solid material, both natural 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 product of erosion.
- SEDIMENT BASIN
- A barrier or dam built at suitable locations to retain rock, sand, gravel, silt or other material.
- Any plot, parcel or parcels of land.
- All unconsolidated mineral and organic material of any origin.
- Standards for soil erosion and sediment control in New Jersey, as promulgated by the State Soil Conservation Committee.
- STATE SOIL CONSERVATION COMMITTEE
- An agency of the state, established in accordance with the provisions of N.J.S.A. 4:24-39 et seq.
- Any activity which significantly disturbs vegetated or otherwise stabilized soil surface, including clearing and grubbing operations.
- SUSSEX COUNTY SOIL CONSERVATION DISTRICT
- A governmental subdivision of this state, which encompasses this Township, organized in accordance with the provisions of N.J.S.A. 4:24-39 et seq.
- A marsh swampland, saturated with water, including but not limited to, all areas composed of soils having a seasonal high-water table at the surface.
No land area shall be disturbed by any person or any public agency unless and until such time as a plan for soil erosion and sediment control, in accordance with standards, as herein defined, has been approved, as herein set forth, and a valid land disturbance permit or building permit has been issued, as hereinafter set forth.
No subdivision, site plan or land development plan shall be approved unless it includes a soil erosion and sediment control plan, in accordance with the provisions of this chapter.
Procedure for filing application. The applicant shall file a soil erosion and sediment control plan in accordance with the following:
Prior to the issuance of a building permit for any construction not requiring Land Use Board approval, and prior to the issuance of a land disturbance permit for any other activity, the construction official shall determine, in accordance with the requirements of this chapter, and in accordance with the requirements of N.J.S.A. 4:24-39 et seq., whether or not a soil erosion and sediment control plan is necessary. The applicant shall furnish such information as required by the construction official to make this determination. Such plan shall be deemed to be required unless the project is specifically exempted, pursuant to N.J.S.A. 4:24-39 et seq. or this chapter.
If the construction official determines that a soil erosion and sediment control plan is required, such plan shall be submitted to and approved by the construction official, prior to the issuance of a building permit or land disturbance permit. The construction official may seek assistance from the Township Engineer or the Sussex County Soil Conservation District in the review of such plans.
The construction official shall grant approval or denial of the plan within a period of 30 days of submission of a complete application unless this period is extended by mutual agreement in writing. Failure of the Township to make a decision within such period or such extension thereof shall constitute approval of the soil erosion and sediment control plan. The applicant shall be provided with written notice of such decision by the construction official. A copy of such decision including the name of the applicant, site location by street address and block and lot number, and proposed land use shall be sent to the Sussex County Soil Conservation District. The Township shall also make available such other information as may be required by the district.
On all site plans, preliminary subdivision plats, or other applications requiring Land Use Board approval and involving land disturbance, there shall be submitted to the Land Use Board a soil erosion and sediment control plan. The Land Use Board may seek assistance from the Township engineer or Sussex County Soil Conservation District in the review of such plans. The soil erosion and sediment control plan shall be filed with and become part of the preliminary subdivision, site plan or other application and shall be subject to the same procedure for approval, denial or appeal as the application of which it is a part.
Information to accompany application. The applicant shall submit a separate soil erosion and sediment control plan for each noncontiguous site. Such plan shall contain:
A map of the site, at a scale of not less than one inch equals 100 feet, nor greater than one inch equals 20 feet, showing existing contour lines, at two-foot intervals.
The location and description of existing natural and man-made features on and surrounding the site, including general topography and soil characteristics. A copy of the appropriate section of the USDA Soil Survey shall be submitted with applications encompassing an area greater than three acres.
The location and description of proposed changes to the site.
Measures for soil erosion and sediment control which shall meet or exceed standards as herein defined. Standards shall be on file at the offices of the local soil conservation district and the Township Clerk.
A schedule of 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.
All proposed revisions of data required shall be submitted for approval. The applicant may consult with the Sussex County Soil Conservation District in the selection of appropriate erosion and sediment control measures, and the development of the plan.
Factors considered in approving permits.
In considering and reviewing the application for a land disturbance permit, the construction official shall be guided by, and take into consideration, the public health, safety and general welfare, and the general purposes of land use control, and, in particular, consideration shall be given to the following factors:
Proposed stripping of vegetation.
Effects of proposed tree removal.
Surface water drainage.
Extent of disturbed area and the duration of exposure of soil.
Contours, both existing and proposed.
Whether proposed land disturbance is necessary and incidental to the development of the property.
Erosion of soil by water and wind, and the soils' susceptibility to the production of sedimentation.
Lateral support of abutting streets and lands.
Land values and uses.
Effect on water resources, such as streams and wetlands.
In the event that after considering and reviewing the application, it appears that the resultant effect of the land disturbance would be excessive erosion of the soil, or the sedimentation upon streams or wetlands located on or off the site, the application may be denied. Such action shall be taken in accordance with the requirements of Subsection B(3).
Issuance of permit.
All permits shall be held subject to compliance with the requirements of this chapter and shall be subject to revocation in accordance with its terms.
Exemption from requirement of permit. The following activities specifically exempted from this chapter:
Land disturbances of 5,000 square feet or less of surface area of land.
The construction of a single-family dwelling unit unless such unit is a part of a proposed subdivision, site plan, exception, zoning variance, planned unit development or a building permit application involving two or more such single-family dwelling units.
Land used for gardening, primarily for home consumption.
Land used for agricultural purposes, when operated in accordance with a farm conservation plan, approved by the local soil conservation district.
Application fee. Upon applying for a permit, pursuant to the provisions of this chapter, the applicant shall pay a fee as set forth in § 245-2E to cover the cost of initial review of the proposed land disturbance. If, however, the application is a part of an application for a major subdivision or site plan approval or other application requiring Land Use Board approval, and involving land disturbance, no additional fee shall be required, unless the Township Engineer certifies that a review of the soil erosion and sediment control plan was sufficiently involved that the fees paid in connection with the other application are insufficient. The applicant shall pay such additional fee as charged by the Township engineer to accomplish such review, but in no event, in excess of fee specified in § 245-2E. Such additional fees, if any, shall be paid prior to the issuance of the soil erosion and sediment control permit.
Upon issuance of a permit, the applicant shall deposit funds with the Township Clerk to cover the cost of inspection services required by this chapter. The amount of the deposit shall be determined as set forth in § 245-2E.
Performance guaranty. Prior to the start of any site plan and/or major subdivision construction, including, but not limited to, clearing or grading, a separate cash performance guaranty for soil erosion and sedimentation control shall be posted. The amount of the guaranty shall be as set forth in § 245-2E. However, the Township may require an increased amount upon receiving written recommendation from the Township Engineer citing critical soil and/or slope conditions. In the event of noncompliance with the provisions of the approved soil erosion and sedimentation control plan, the Township may issue a written notice to the developer. After 72 hours have elapsed from receipt of such notice, the Township shall have the option to take corrective actions and charge the cost of such corrective actions against the cash performance guaranties.
[Added by Ord. No. 5-87]
Notification of commencement of work. The construction official shall be notified by the applicant at least 24 hours prior to the start of any project.
Approval of control. The construction official may require necessary measures to be promptly installed and may require modifications to the plan when, in his/her judgment, such are necessary to properly control erosion and sediment.
Relations. Control measures shall apply in all aspects of the proposed 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 or other soil disturbances 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 within practical limits.
Either temporary seeding, mulching or other suitable stabilization measures shall be used to protect exposed critical areas during construction or other land disturbances.
Drainage provisions shall accommodate increased runoff, resulting from modified soil and surface conditions, during and after development or disturbance. Such provisions shall be in addition to all existing requirements.
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.
Diversion, sediment basins, and similar required structures shall be installed, prior to any on-site grading or disturbance.
Permanent vegetation protection and erosion control measures shall be established as soon as practically possible.
Applicant responsibility. The applicant shall bear the final responsibility for the installation and construction of all required soil erosion and sediment control measures.
Maintenance of control measures. All necessary soil erosion and sediment control measures, installed under this chapter, shall be adequately maintained until such measures are permanently stabilized, as determined by the construction official. The construction official shall give the applicant, upon request, a certificate indicating the date on which the measures called for in the approved plans, were completed. Such control measures shall then be further maintained for a period not to exceed two years.
Enforcement by construction official. The requirements of this chapter shall be enforced by the construction official who shall inspect or require adequate inspection of the work. The construction official may seek assistance from the Township Engineer or the Sussex County Soil Conservation District in carrying out any provisions of this chapter. The applicant shall maintain the approved soil erosion and sediment control plan at the site during construction.
Failure to comply. In the event that the applicant fails to comply with the terms of his permit, his soil erosion and sediment control plan as approved or the requirements of this chapter, the construction official may issue stop-work orders, revoke building permits and/or refuse to issue further building permits.
Certificate of occupancy. No certificate of occupancy for any building or project shall be issued unless there has been compliance with the provisions of the approved plan for permanent measures to control soil erosion and sedimentation. A formal report of such compliance shall be filed with the construction official prior to the issuance of a certificate of occupancy. A copy of this report shall be filed with the Sussex County Soil Conservation District.
Performance bond required. Prior to the issuance of a permit, the applicant shall file with the Township Clerk a performance guarantee, in a form approved by the Township Attorney and in an amount deemed sufficient by the Township Committee, in conformance with the recommendations of the Township Engineer. The bond shall be sufficient to insure the faithful performance of the work to be undertaken, pursuant to the terms and conditions of the permit issued, the requirements of the soil erosion and sediment control plan approved and this chapter.
Performance bond reduction. The applicant may request that his bond be reduced based on partial completion of the improvements required. The Township Committee, by resolution, may approve such reduction upon certification of the Township Engineer that the work specified has been completed and is approved by the Township Engineer.
Interim maintenance. All soil erosion and sediment control measures installed under the authority of this chapter shall be adequately maintained until final approval of such measures or until such measures are permanently stabilized as determined by the construction official. The maintenance of these measures, during this interim period, shall be considered in connection with any application for bond reduction, as hereinbefore set forth.
Maintenance bond. The Township Committee may require a maintenance guarantee for a period not to exceed two years after the final approval of the soil erosion and sediment control measures, in an amount not to exceed 15% of the cost of the improvement or permanent installation.
Any person aggrieved by any decision or action of the construction official, Township Engineer or Land Use Board under this chapter may appeal to the Township Committee. Such appeal shall be made in writing and filed with the Township Clerk within 10 days from the date of the date of such decision or action. The appellant shall be entitled to a hearing before the Township Committee within 30 days from the date of appeal.
[Amended by Ord. No. 99-06]
Any person violating any of the provisions of this chapter shall be liable for penalties in accord with the schedule shown in § 1-3, and each and every day that the violation is not abated shall constitute a separate and subsequent offense. All fees, penalties and moneys collected under any provision of this chapter shall be paid to the Township Treasurer.