CROSS REFERENCE
For soil removal provisions, see Chapter 19, Soil Removal.
[Ord. No. 11-73, § 1]
The purpose of this ordinance [chapter] is to provide measures
to control, minimize and protect against soil erosion and resulting
sedimentation which can occur during periods of land disturbance.
[Ord. No. 11-73, § 2]
As used herein, the following words shall have the following
meanings:
A channel with or without a supporting ridge on the lower
side constructed across or at the bottom of a slope.
The wearing away of land by the action of wind, water, gravity
or ice.
Any act by which land or rock is cut into, dug, quarried,
uncovered, removed, displaced or relocated.
The vertical location of the existing surface of land prior
to grading, excavation or other activity which may, or does, change
that vertical location.
Any stripping, cutting, filling or stockpiling of land, or
any combination thereof.
Any ground, soil, or earth including marshes, swamps, drainageways
and areas not permanently covered by water within the municipality.
Any activity involving the clearing, grading, transporting,
filling or excavation of land or any other activity which causes land
to be exposed to the danger of erosion.
The application of plant or other suitable materials on the
soil surface to conserve moisture, hold soil in place, and aid in
establishing plant cover.
The existing ground surface of land prior to any grading,
excavation or other land disturbance.
Any natural person or legal entity.
Solid material, both mineral and organic, that is in suspension,
is being transported, or has been moved from its site or origin by
air, water or gravity as a product of erosion.
A barrier or dam built across a water-way or at other suitable
locations to retain water, rock, sand, gravel, or silt or other material.
All unconsolidated mineral and organic material of whatever
origin that overlies bedrock and can be readily excavated.
The Morris County soil conservation district which is a governmental subdivision of this state organized in accordance with the provisions of Chapter 24, Title 4 (R.S. 4:24-1 et sec.).
Any activity which removes or significantly disturbs the
vegetative surface cover of land including clearing and grubbing operations.
Stabilization of erosive or sediment producing areas of land
by covering the soil with either one or more of the following: (i)
permanent seeding or permanent plantings producing long-term vegetative
cover of land; (ii) short-term seeding or short-term plantings producing
temporary vegetative cover of land; (iii) sodding, producing areas
covered with a turf of perennial sod-forming grass.
Any natural or artificial watercourse, streams, river, creek,
ditch, channel, canal, conduit, culvert, drain, gully, ravine, wash
or other waterway in which water flows in a definite direction or
course, either continuously or intermittently, within a definite channel,
and shall include any area adjacent thereto subject to inundation
by reason of overflow or floodwater.
[Ord. No. 11-73, § 3]
(a)
No application to the planning board of the Borough for any of the
following approvals shall be granted unless and until a soil erosion
and sediment control plan shall have been submitted to and approved
by the planning board: preliminary (tentative) approval of a major
subdivision; final approval of a major subdivision; site plan approval.
(b)
In situations where none of the above subdivision or site plan approvals
is required, it shall be unlawful for any person to create or cause
any land disturbance which poses the risk of, or which may reasonably
be anticipated to result in, material, substantial, harmful or otherwise
detrimental soil erosion or sedimentation of or to any land or watercourse
unless and until a soil erosion and sediment control plan shall have
been submitted to and approved by the planning board.
[Ord. No. 11-73, § 4]
The planning board may waive the requirement for submission
and approval of a soil erosion on and sediment control plan in connection
with applications for the approvals set forth in section 3(a) [18B-3
(a)] upon a finding that there is no apparent risk or danger of material,
substantial, harmful or otherwise detrimental soil erosion or sedimentation
based upon review of the plans submitted.
[Ord. No. 11-73, § 5]
(a)
The soil erosion and sediment control plan shall comprise a map and
written report (together with whatever other instruments, writings,
drawings, plans or specifications are necessary or appropriate under
the circumstances) which fully and adequately describe both temporary
and permanent measures to be employed to control, minimize and protect
against soil erosion and sedimentation from a proposed land disturbance,
taking into account the particular nature and characteristics of the
land, the surrounding area, the watercourses, the land disturbance
and the planned development involved. The plan shall cover all stages
and aspects of the proposed land disturbance and planned development
from grading, stripping, excavation and other site preparation through
and including both final grading and the installation of permanent
improvements. It shall accordingly include a timing schedule or schedules
indicating both: (i) the anticipated starting and completion dates
of each step in the land disturbance and development sequence and
the time of exposure of each land area prior to the completion of
effective erosion and sediment control measures; and (ii) the sequence
of installation of planned erosion and sediment control measures as
related to the disturbance and development sequence referred to in
(i), above, including anticipated starting and completion dates of
such installations.
(b)
Soil erosion and sediment control measures may, as a minimum, utilize
and meet applicable standards and specifications of the Soil Conservation
District, all as set forth in a certain list thereof entitled "Morris
County Soil Conservation District 6, STANDARDS AND SPECIFICATIONS
FOR SOIL EROSION AND SEDIMENT CONTROL" dated January 8, 1971, and
adopted by the county of Morris, and as the same may hereafter be
amended or supplemented.
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In addition, to the extent applicable in particular situations,
the following measures or considerations shall be incorporated in
the soil erosion and sediment control plan:
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(1)
The smallest practical area of land shall be exposed at any
one time during development and the duration of such exposure shall
be kept to a practical minimum.
(2)
Whenever feasible, natural vegetation and the natural ground
surface shall be retained and protected.
(3)
Temporary vegetative protection plant cover and/or mulching
shall be used to protect critical erosion areas during development.
(4)
Diversions and outlets, both temporary and permanent, shall
be constructed and/or installed to accommodate the increased runoff
caused by the changed soil and surface conditions during and after
development.
(5)
Disturbed soil shall be stabilized as quickly as practicable.
(6)
Until the disturbed area is stabilized, sediment in the runoff
water shall be trapped and removed by the use of debris basins, sediment
basins, desilting basins, silt traps or other acceptable methods.
(7)
Whenever feasible, development shall preserve salient natural
features and existing grades, thereby keeping grading, stripping and
excavation to a minimum.
(8)
Adequate provisions shall be made to minimize surface water
from damaging slopes and embankments. "Cut-off" ditches or other approved
diversions may be utilized for this purpose.
(9)
Fill shall be placed and compacted so as to minimize sliding
or erosion and shall not encroach on watercourses.
(10)
Fill placed adjacent to a watercourse shall have suitable protection
against erosion for all weather stream flow conditions and particularly
during periods of flooding.
(11)
During grading operations, methods for dust control will be
exercised.
(12)
During grading, excavation and other construction activities,
slopes and embankments shall be stabilized by: mulching with straw
sprayed with an asphalt mixture; or jute matting staked in position;
or a seeding of annual ryegrass, or other acceptable method.
(13)
Permanent (final) vegetative protection, plant cover, lawn or
ground cover, and mechanical erosion control devices and measures
shall be installed or constructed, and completed, as soon as practically
possible.
(14)
Permanent improvements, such as roads, catch basins, curbs and
the like, shall be installed or constructed, and completed, as soon
as practically possible.
[Ord. No. 11-73, § 6]
(a)
In considering and approving a soil erosion and sediment control
plan, the planning board:
(1)
Shall have the right, among other things, to fix the time schedule
for exposure of land areas and for the construction and installation
of improvements (or the taking of other measures) to prevent soil
erosion and sedimentation, and may require that such work or measures
be completed prior to any site development work;
(2)
Shall provide for the posting of performance guarantees and
maintenance bonds in the same manner as provided in the subdivision
ordinance of the Borough;
(3)
May refer the plan to the soil conservation district, and/or
to any other qualified governmental agency or agencies, for review
and may take no action on the plan until after a report has been received
from said district or such other agency or agencies.
(4)
May impose lawful conditions or requirements necessary or desirable
to proper implementation of the plan and of the purpose and intent
of this ordinance [chapter].
(b)
After a soil erosion and sediment control plan has been approved, it shall be unlawful for the applicant therefor (or any person performing services in implementing the plan) knowingly to deviate from, change, amend or modify the plan in any way, except in accordance with the provisions of subsection (c) below.
(c)
Minor changes, amendments or modifications to a soil erosion and
sediment control plan required as a result of conditions in the field
during construction may be approved by the Borough engineer who shall,
in turn, notify the planning board thereof. Major changes, amendments
or modifications, to such a plan shall require the approval of the
planning board.
[Ord. No. 11-73, § 7]
Any person carrying out soil erosion and sediment control measures
under this ordinance [chapter], and all subsequent owners of the property
upon which such measures have been carried out, shall adequately maintain
all permanent control measures, devices and plantings in good order
for a period of 2 years after completion of the work described in
the approved plan. Maintenance bonds therefor shall be posted in connection
therewith as provided for in section 6 [18B-6], supra.
[Ord. No. 11-73, § 8]
(a)
No approval of occupancy of any building shall be granted unless
all measures required under the soil erosion and sediment control
plan have been either completed or substantially provided for in accordance
with this ordinance [chapter]. Approval for occupancy may be granted
notwithstanding that permanent (final) vegetative protection, plant
cover, or lawn or ground cover has not been installed if: such permanent
protection and cover has not, and cannot, be installed because of
conditions of weather; and the installation thereof is enforced by
appropriate provisions in the bond or other security and improvement
agreements which shall provide for installation within such time limits
as may be reasonable upon direction of the Borough engineer, as soon
as weather conditions shall permit.
(b)
The Borough engineer and/or the Borough building inspector shall
enforce the requirements of this ordinance [chapter] and shall inspect
the work being undertaken in connection with a plan. In the event
of a failure to comply with any condition or thing in the plan, the
Borough engineer or building inspector may, among other things, revoke
the building permit or certificate of occupancy, issue stop orders,
and generally take such action as may be justified under the circumstances.
(c)
Any person aggrieved by the action or decision of the Borough engineer
or Borough building inspector taken pursuant to subparagraph (b),
above, may appeal from such action or decision to the planning board.
(d)
Any person aggrieved by any action or decision of the planning board
taken pursuant to the terms of this ordinance [chapter] may appeal
from such action or decision to the Borough council in the same manner
as provided in N.J.S.A. 40:55-1.19.
[Ord. No. 11-73, § 9]
Prior to the commencement of construction of improvements or
of any other work to be done in accordance with the terms and provisions
of this ordinance [chapter] and the soil erosion and sediment control
plan, an inspection fee shall be paid to the Borough. The inspection
fee shall be based upon: an hourly rate schedule for various Borough
employees who will, or may, perform inspection services, said schedule
to be as established and amended from time to time by resolution of
the Borough council; and an estimate by the Borough engineer of total
inspection costs based upon the rate schedule and the anticipated
inspection services.
Should the total inspection fee paid hereunder be greater than
the actual inspection cost, the difference shall be refunded and returned.
Should the total inspection cost be greater than the inspection
fee paid hereunder, the difference shall be paid to the Borough prior
to the release or any performance guarantees.
[Ord. No. 11-73, § 10]
Any person who violates any provision of this ordinance [chapter]
shall, upon conviction, be punished by a fine not to exceed $250 for
each offense. Each day that a violation occurs, persists or is committed
shall constitute a separate offense.
[Ord. No. 11-73, § 11]
If any section or part of this ordinance [chapter] shall be
declared unconstitutional or invalid by a court of competent jurisdiction,
such determination shall not affect the validity of the remaining
sections or parts of this ordinance [chapter] which shall remain in
full force and effect.
