[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:
DIVERSION
A channel with or without a supporting ridge on the lower
side constructed across or at the bottom of a slope.
EROSION
The wearing away of land by the action of wind, water, gravity
or ice.
EXCAVATION or CUT
Any act by which land or rock is cut into, dug, quarried,
uncovered, removed, displaced or relocated.
EXISTING GRADE
The vertical location of the existing surface of land prior
to grading, excavation or other activity which may, or does, change
that vertical location.
GRADING
Any stripping, cutting, filling or stockpiling of land, or
any combination thereof.
LAND
Any ground, soil, or earth including marshes, swamps, drainageways
and areas not permanently covered by water within the municipality.
LAND DISTURBANCE
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.
MULCHING
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.
NATURAL GROUND SURFACE
The existing ground surface of land prior to any grading,
excavation or other land disturbance.
PERSON
Any natural person or legal entity.
SEDIMENT
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.
SEDIMENT BASIN
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.
SOIL
All unconsolidated mineral and organic material of whatever
origin that overlies bedrock and can be readily excavated.
SOIL CONSERVATION DISTRICT
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.).
STRIPPING
Any activity which removes or significantly disturbs the
vegetative surface cover of land including clearing and grubbing operations.
VEGETATIVE PROTECTION
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.
WATERCOURSE
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, § 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, § 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, § 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.