[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.]
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.
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.
(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.
The following definitions shall apply in the interpretation
and enforcement of this chapter, unless otherwise specifically stated:
A person, partnership, corporation or public agency requesting
permission to engage in land disturbance activity.
A sediment-producing highly erodible or severely eroded area.
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.
Any act by which soil or rock is cut into, dug, quarried,
uncovered, removed, displaced or relocated.
Detachment and movement of soil or rock fragments by water,
wind, ice and gravity.
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.
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 activity involving the clearing, grading, transporting,
filling and any other activity which causes land to be exposed to
the danger of erosion.
A certificate issued to perform work under this chapter.
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.
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.
A barrier or dam built at suitable locations to retain rock,
sand, gravel, silt or other material.
All unconsolidated mineral and organic material of any origin.
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]
Any plot, parcel or parcels of land.
The Standards for Soil Erosion and Sediment Control in New
Jersey, as promulgated by the State Soil Conservation Committee.
Any agency of the state established in accordance with the
provisions of Chapter 24, Title 4, N.J.R.S.
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.
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.
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]
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.
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]
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.
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]
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.
This chapter shall take effect on January 1, 1977.
