Township of Eagleswood, NJ
Ocean County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee of the Township of Eagleswood 12-29-1976 by Ord. No. 7-76 (Ch. 86 of the 1977 Township Code). Amendments noted where applicable.]
GENERAL REFERENCES
Excavations and soil removal — See Ch. 131.
Flood damage prevention — See Ch. 145.
Subdivision of land — See Ch. 285.
Zoning — See Ch. 295.

§ 226-1 Purpose.

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 safety, public health, convenience and general welfare of the community.

§ 226-2 Applicability.

A. 
The provisions of this chapter shall apply to any land disturbance activity of any type, except those specifically exempted hereafter. No land shall be disturbed by any person, partnership, corporation, municipal corporation or other public agency within this municipality unless the applicant has submitted to the Land Use Board a plan to provide for soil erosion and sediment control for such land area in accordance with the requirements contained herein, and such plan has been approved by the Land Use Board and a valid land disturbance permit has been issued.
B. 
The following activities are specifically exempt from this chapter:
(1) 
Land disturbance of 5,000 square feet of surface area or less and the construction of a single-family dwelling unit, which is not part of a proposed subdivision site plan, special exception, zoning variance, planned unit development or building permit application involving two or more such single-family dwelling units.
[Amended 3-1-1978]
(2) 
Use of land for gardening primarily for home consumption.
(3) 
Agricultural use of lands when operated in accordance with a farm conservation plan approved by the local soil conservation district or when it is determined by the local soil conservation district that such use will not cause excessive erosion and sedimentation.
(4) 
Selective tree removal by cutting only, no stumping or grubbing.[1]
[1]
Editor's Note: Original § 86-2B(5), amended 3-1-1978, which immediately followed this subsection, was repealed 2-16-1995 by Ord. No. 2-95.
(5) 
Those projects for which final approvals have been granted prior to the effective date of the Soil Erosion and Sediment Control Act.[2] Said project would include final approval of subdivision, site plans, planned unit developments, building permits and variances.
[2]
Editor's Note: See N.J.S.A. 4:24-39 et seq.
(6) 
Mining, grading, soil removal that are covered by the present mining ordinance regulations, provided soil erosion techniques to standards are followed.

§ 226-3 Definitions.

The following definitions shall apply in the interpretation and enforcement of this chapter, unless otherwise specifically stated:
APPLICANT
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.
DISTURBANCE
Any activity involving the clearing and grubbing, excavating, storing, grading, filling or transporting of soil or any other activity which causes soil to be exposed to the danger of erosion.
EXCAVATION or CUT
Any act by which soil or rock is cut into, dug, quarried, uncovered, removed, displaced or relocated.
EROSION
Detachment and movement of soil or rock fragments by water, wind, ice and gravity.
EROSION AND SEDIMENT CONTROL PLAN
A plan and/or written statement which fully indicates necessary land treatment measures, including a schedule of the timing for their installation, which will effectively minimize soil erosion and sedimentation. Such measures shall be in accordance with standards contained herein and defined hereafter.
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.
LAND
Any activity involving the clearing, grading, transporting, filling and any other activity which causes land to be exposed to the danger of erosion.
LAND DISTURBANCE PERMIT
A certificate issued to perform work under this chapter.
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.
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 product of erosion.
SEDIMENT BASIN
A barrier or dam built at suitable locations to retain rock, sand, gravel, silt or other material.
SOIL
All unconsolidated mineral and organic material of any origin.
SOIL CONSERVATION DISTRICT (OCEAN COUNTY)
A governmental subdivision of this state which encompasses this municipality, organized in accordance with the provisions of Chapter 24, Title 4, N.J.R.S.[1]
SITE
Any plot, parcel or parcels of land.
STANDARDS
The Standards for Soil Erosion and Sediment Control in New Jersey, as promulgated by the State Soil Conservation Committee.
STATE SOIL CONSERVATION COMMITTEE
Any agency of the state established in accordance with the provisions of Chapter 24, Title 4, N.J.R.S.
STRIPPING
Any activity which significantly disturbs vegetated or otherwise stabilized soil surface, including clearing and grubbing operations.
[1]
Editor's Note: See N.J.S.A. 4:24-1 et seq.

§ 226-4 Application fee.

Every application for a land disturbance permit shall be accompanied by an application fee in accordance with the fee schedule established by the Ocean County Soil Conservation District.

§ 226-5 Application procedure.

A. 
Until such time as Eagleswood Township is prepared to administer this chapter, all applications shall be made to and prepared by the Ocean County Soil Conservation District in accordance with its procedures.
B. 
Each application for preliminary subdivision approval shall be accompanied by an application for a land disturbance permit pursuant to the terms hereof. A land disturbance permit is required before any land disturbance occurs, including any site work carried out prior to submission and approval of final design plans; provided, however, that no land disturbance permit is required for a minor subdivision approval if the minor subdivision includes only one single-family dwelling unit or a total land disturbance of less than 5,000 square feet.
(1) 
The data required in the application for the land disturbance permit applies to any and all lands that would be disturbed during construction of the subdivision improvements and buildings.
(2) 
No final subdivision approval shall be granted until a land disturbance permit has been approved.
[Amended 3-1-1978]
C. 
Application with site plan. Each application for site plan approval shall be accompanied by an application for a land disturbance permit pursuant to the terms hereof. No site plan approval shall be granted until the land disturbance application has been approved.
[Amended 3-1-1978]
D. 
Application in connection with any other land disturbance. No site shall be disturbed unless an application for a land disturbance permit has been submitted pursuant to the terms hereof, and no permit issued by any other municipal agency shall be deemed complete until a valid land disturbance permit has been approved. Such review and approval of the municipal agency shall be made within the period of 30 days after 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 period or such extension thereof shall constitute certification. The applicant shall be provided with a written notice of such decision by the Building Inspector (or other authorized municipal agent). A copy of such decision, including name of applicant, site location by street address and block and lot number, and proposed land use, shall be sent to the local soil conservation district. The municipality shall also make available such other information as may be required by the district.
[Amended 3-1-1978]

§ 226-6 Approval procedure.

Until such time as Eagleswood Township is prepared to administer this chapter, all approvals will be given by the Ocean County Soil Conservation District in accordance with its procedures.

§ 226-7 Plan requirements.

A. 
Each applicant for a land disturbance permit must submit a separate soil erosion and sediment control plan unless the required information can be clearly and legibly incorporated into other design plans prepared for the project.
B. 
Each soil and erosion and sediment control plan shall contain the following:
(1) 
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, when requested.
(2) 
Location and description of proposed changes to the site.
(3) 
Measures for soil erosion and sediment control which meet or exceed the standards and specifications set forth herein and in accordance with the Standards for Soil Erosion and Sediment Control in New Jersey.
[Amended 3-1-1978]
(4) 
A schedule of the sequence of the implementation of the planned erosion and sediment control measures as related to the progress of the project.
(5) 
The impact of the proposed disturbance to all adjacent properties, both during and after the development or disturbance.
(6) 
A map showing the contours of the land at two-foot intervals prior to the disturbance and the proposed contours to be created, prepared in accordance with standard engineering practices.
(7) 
Complete construction detailing all erosion control measures.
(8) 
When specifically required by the Land Use Board, soil borings and groundwater elevations shall be shown. The applicant shall be required to have a certified plan on site during construction.
[Amended 3-1-1978]

§ 226-8 Design principles and requirements.

A. 
General. Every plan for erosion shall be designed in accordance with the general design principles and all other requirements contained herein and in the Standards for Soil Erosion and Sediment Control in New Jersey. In the interpretation of these requirements, the term "shall" is always mandatory and the word "may" is permissive; also, words used in the present tense include the future tense, and the singular includes the plural, unless the context clearly indicates the contrary.
B. 
Design criteria.
(1) 
Stripping of vegetation, grading or other soil disturbance 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 within practical limits.
(4) 
Either temporary seeding, mulching or other suitable stabilization measure shall be used to protect exposed critical areas during construction or other land disturbance.
(5) 
Drainage provisions shall accommodate increased runoff resulting from modified soil and surface conditions, during and after the 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.
(9) 
Satisfactory provisions shall be made for drainage to accommodate all increased runoff resulting from modifications of soil and surface conditions during and after development or disturbance. Where necessary, the rate of water runoff shall be mechanically retarded.
(10) 
Provisions shall be made to protect existing and proposed storm drainage systems from siltation during construction.
(11) 
Water concentrations at tops of slopes shall be diverted to safe outlets by diversions or other means as specified in the "Standards."
(12) 
Detention or retention basins, where required, should be constructed in accordance with the "Standards" to retain all sediment on site to the maximum extent feasible. When deemed necessary by the Land Use Board, fencing shall be constructed around detention or retention areas.
(13) 
For permanent or temporary vegetation cover, the soil treatment and seed mixture shall be in accordance with the "Standards."
(14) 
The timing of construction sequences shall be specified and shall provide for the installation of all erosion control measures prior to commencement of construction. The sequence of construction shall also be timed to allow the maximum time for establishment of stabilization measures.
(15) 
During construction, all exposed soils that have the potential for causing off-site environmental damage shall be stabilized by temporary vegetative cover or by other means as prescribed in the "Standards."
(16) 
When permanent vegetative cover cannot be established by seeding, the disturbed areas shall be sodded or vegetated by other means as prescribed in the "Standards."
(17) 
Subsurface drainage is to be provided in areas having a high water table, to intercept seepage that would adversely affect slope stability, building foundations or create undesirable wetness.
(18) 
Adjoining property shall be protected from excavation and filling operations.
(19) 
Fill shall not be placed adjacent to the bank of a stream or channel, unless provisions are made to protect the hydraulic, biological, aesthetic and other environmental functions of the stream.

§ 226-9 Violations and enforcement.

A. 
If any person, firm or corporation violates any of the provisions of this chapter, or fails to comply with the provisions of a land disturbance permit, the Township of Eagleswood, the Ocean County Soil Conservation District may institute a civil action in the Superior Court for injunctive relief to prohibit and prevent such violation or violations, pursuant to P.L. 1975, Ch. 251, Sec. 15.
B. 
If any person, firm or corporation violates any of the provisions of this chapter or fails to comply with the provisions of a land disturbance permit 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] and the provisions of P.L. 1975, Ch. 251, Sec. 15.
[1]
Editor's Note: Repealed by L. 1999, c. 274. See N.J.S.A. 2A:58-10.
C. 
The Superior Court and Municipal Court shall have jurisdiction to enforce this chapter. If the violation hereof is of a continuing nature, each day during which it continues shall constitute an additional separate and distinct offense.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
D. 
In addition, the municipality may issue a stop construction order if a project is not being executed in accordance with a certified plan.
E. 
No certificate of occupancy shall be issued unless there has been compliance with the provisions of the 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.

§ 226-10 Effective date.

This chapter shall take effect on January 1, 1977.