[HISTORY: Adopted by the Council of the Borough of Milford 3-7-1977 by Ord. No. 220-77. Amendments noted where applicable.]
This chapter shall be known as the "Milford Borough Municipal Soil Erosion and Sediment Control Ordinance."
The purpose of this chapter shall be the control of 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 reduce the danger from stormwater runoff, to retard nonpoint pollution from sediment and to conserve and protect the land, water, air and other environmental resources of the Borough and to promote the safety, public health, convenience and general welfare of the community.
For the purpose of this chapter, certain rules of word usage apply to the text as follows:
Words used in the present tense include the future tense, and the singular includes the plural, unless the context clearly indicates the contrary.
The term "shall" is always mandatory and not discretionary; the word "may" is permissive.
A word or term not interpreted or defined by this chapter shall be used with a meaning of common or standard utilization.
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.
- CRITICAL AREA
- A sediment-producing highly erodible or severely eroded area.
- Detachment and movement of soil or rock fragments by water, wind, ice and 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 control soil erosion and sedimentation. Such measures shall be equivalent to or exceed standards promulgated by the New Jersey Soil Conservation Committee and administered by the Borough Engineer.
- 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 the use of land, within its capabilities and treatment, within practical limits, according to the 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 municipality.
- LAND DISTURBANCE
- Any activity involving clearing, excavating, storing, 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 mineral and organic, that is in suspension, is being transported or has been moved from its site of origin or has been deposited 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.
- SOIL CONSERVATION DISTRICT
- A governmental subdivision of this state, which encompasses this municipality, organized in accordance with the provisions of Chapter 24 of Title 4 of the New Jersey Revised Statutes.
- The 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 Chapter 24 of Title 4 of the New Jersey Revised Statutes.
- Any activity which significantly disturbs vegetated or otherwise stabilized soil surface, including clearing and grubbing operations.
No land area shall be disturbed by any person, partnership, corporation, municipal corporation or other public agency within this municipality unless the applicant has submitted to the Borough Engineer a plan to provide for soil erosion and sediment control for such land area in accordance with the Standards for Erosion and Sediment Control promulgated by the New Jersey State Soil Conservation Committee and such plan has been approved by the Borough Engineer and a valid land disturbance permit has been issued by the Borough Engineer, except as exempted by § 162-13.
The applicant shall submit a separate soil erosion and sediment control plan for each noncontiguous site. The plan shall be prepared by a professional engineer licensed in the State of New Jersey and shall conform to standards set forth in the Standards for Erosion and Sediment Control promulgated by the New Jersey State Soil Conservation Committee. Plan preparation by a professional engineer licensed in the State of New Jersey may be waived by the Joint Land Use Board upon written request submitted by the applicant. Such plan shall contain:
The location and description of existing natural and man-made features on and within 200 feet surrounding the site, including general topography and soil characteristics and a copy of the Soil Conservation District Soil Survey, where available.
The location and description of proposed changes to the site, including contours and spot elevations showing before and after conditions.
Measures for soil erosion and sediment control, which must meet or exceed the Standards for Soil Erosion and Sediment Control promulgated by the State Soil Conservation Committee. The standards shall be on file at the offices of the local Soil Conservation District and the Borough 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.
Soil erosion and sediment control plans shall be reviewed by the Borough Engineer and approved by the Joint Land Use Board when in conformance with the Standards for Erosion and Sediment Control. The applicant shall be provided with written notice within 30 days of submission of a complete plan, unless, by mutual agreement, in writing, between the Joint Land Use Board and the applicant, this period is extended for an additional 30 days. Failure of the Joint Land Use Board to make a decision within such period or extension thereof shall constitute certification. Notification shall state that:
A copy of the Joint Land Use Board's decision, including the name of the applicant, site location by street address and Tax Map lot and block number and proposed land use, shall be sent to the Hunterdon County Soil Conservation District. The municipality shall also make available such other information as may be required by the district.
Control measures shall apply to 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 disturbance 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 disturbance.
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 feasible.
Diversions, sediment basins and similar required structures shall be installed prior to any on-site grading or disturbance.
All necessary soil erosion and sediment control measures installed under this chapter shall be adequately maintained for one year after completion of the approved plan or until such measures are permanently stabilized as determined by the Borough Engineer. The Borough Engineer shall give the applicant, upon request, a certificate indicating the date on which the measures called for in the approved plans were completed.
Before the permit is issued, the applicant shall file with the Borough Clerk a bond in cash. The amount of the bond shall be determined by the Borough Engineer based upon a review and approval of an estimate of quantities and costs prepared by the applicant or the applicant's engineer. In no event shall it be less than $100. The bond shall be conditioned as follows:
That the applicant shall complete the work authorized by the permit, in conformity with the terms of the permit and the provisions of this chapter, on or before the date of completion set forth in the application.
That the applicant shall repair any public street, structures or land which may be damaged as a result of the work authorized by the permit.
That the applicant shall maintain the soil erosion control plan for one year after completion of a permanent improvement or for the life of a temporary improvement.
Upon the filing of the erosion control plan for a major subdivision, which shall be submitted at the same time as the preliminary plat is filed, or in the event of prior preliminary plat approval, whichever is later, the subdivider shall pay the Borough a fee as prescribed in Chapter 10, Fees, of this Code. In addition, the subdivider shall deposit with the Borough Clerk, to cover the cost of legal, engineering and inspection services, an amount as prescribed in Chapter 10, Fees, of this Code for each and every lot shown on the plat.
Upon the filing of the erosion control plan for a site plan, which shall be submitted at the same time the site plan is filed, the applicant shall pay the Borough a fee as prescribed in Chapter 10, Fees, of this Code. In addition, the applicant shall deposit with the Borough Clerk, to cover costs of legal, engineering and inspection services, an amount as prescribed in Chapter 10, Fees, of this Code.
Upon the filing of the erosion control plan for a minor subdivision, which shall be submitted at the same time as the minor subdivision application is filed, the subdivider shall pay the Borough a fee as prescribed in Chapter 10, Fees, of this Code.
Upon the filing of the erosion control plan for all other purposes, the applicant shall pay the Borough a fee as prescribed in Chapter 10, Fees, of this Code. In addition, the applicant shall deposit with the Borough Clerk, to cover the cost of legal, engineering and inspection services, an amount as prescribed in Chapter 10, Fees, of this Code.
If any person violates any of the provisions of this chapter or any standard promulgated pursuant to the provisions of this chapter or fails to comply with the provisions of a certified plan, the municipality may institute a civil action in the Superior Court for injunctive relief to prohibit and prevent such violation or violations, and said Court may proceed in a summary manner. Any person who violates any of the provisions of this chapter or any standard promulgated pursuant to this chapter or fails to comply with the provisions of a certified plan 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:58-10 et seq.). The Municipal Court shall have jurisdiction to enforce said Penalty Enforcement Law. If the violation is of a continuing nature, each day during which it continues shall constitute an additional separate and distinct offense.
If any person violates any of the provisions of this chapter or any standard adopted pursuant to the provisions of this chapter or fails to comply with the provisions of an approved plan for soil erosion and sediment control, the Borough of Milford may institute a civil action in the Superior Court for injunctive relief to prohibit or prevent such violation or violations, and said Court may proceed in a summary matter as permitted so to do by law.
The following activities are specifically exempt from this chapter:
Land disturbance associated with the construction of a single-family dwelling unit, unless such unit is a 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.
Land disturbance of 5,000 square feet or less of the surface area of land for the accommodation of construction for which the Standard Building Code of the State of New Jersey would require a building permit.
Use of land for gardening primarily for home consumption.
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.
The requirements of this chapter shall be enforced by the Borough Engineer, who shall also inspect or require adequate inspection of the work. If the Borough Engineer finds existing conditions not as stated in the applicant's erosion and sediment control plan, he shall refuse to approve further work, shall require necessary erosion and sediment control measures to be promptly installed and shall seek other penalties as provided in § 162-12.
The applicant shall be required to have the approved soil erosion and sediment control plan on site during construction. The municipality may issue a stop-construction order if a project is not being executed in accordance with an approved plan. No certificate of occupancy for a 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 must be filed with the municipal agent authorized to issue certificates of occupancy. A copy of this report shall be sent to the Hunterdon County Soil Conservation District.
Editor's Note: Ordinance No. 408-87, adopted 12-7-1987, provided as follows: "That enforcement authority regarding soil erosion, sediment control, excavation and removal pursuant to Ordinance No. 220-77 shall be and is hereby designated to the Hunterdon County Soil Conservation District; and that said County Soil Conservation District shall exercise all authority and have such powers provided by law, consistent with said Memorandum of Understanding as may be necessary and incident to these purposes."
Appeals from decisions under this chapter may be made to the municipal governing body, in writing, within 10 days from the date of such decision. The appellant shall be entitled to a hearing before the municipal governing body within 30 days from the date of appeal.