A. 
This article will be known as the "Borough of Lincoln Park Soil Erosion and Sediment Control Ordinance."[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
Excessive quantities of soil are eroding from areas undergoing development. Site clearance, land filling, single- and multiple-family housing, industrial and commercial developments and highway and utility construction sites all produce off-site sediment damages.
C. 
The word "developer" or the word "applicant" shall be taken synonymously in the context of this article and shall mean any person or entity that shall be subject to the regulations imposed pursuant to this article. The purpose of this article is to control soil erosion and the resulting sedimentation occurring on developing areas by requiring proper provisions for water disposal and the protection of soil surfaces during and after construction in order to promote the safety, public health, convenience and general welfare of the community.
[Amended 11-4-2024 by Ord. No. 15-24, effective 11-24-2024]
A. 
When required.
(1) 
No land shall be cleared, graded, disturbed or filled and no soil shall be transported or stored for any purpose, including but not limited to the construction of buildings, the mining of minerals, the development of golf courses and the construction of roads and streets, and in addition no site plan or preliminary plat for a major subdivision shall be approved unless there has been a valid grading permit granted or except otherwise in compliance with the provisions of this article.
(a) 
A separate application shall be required for each grading permit. The application shall be submitted in triplicate on forms approved by the municipal agency and provided by the Administrative Officer. Where a soil erosion and sediment control plan is required, it shall be submitted in triplicate, with the application, to the Secretary of the municipal agency by the applicant. In any case in which duration of exposure of a disturbed area lasts longer than set forth in the erosion control plan, an amended plan shall be submitted.
(b) 
The developer must submit a soil erosion and sediment control plan for the entire parcel to be developed. The soil erosion and sediment control plan shall contain:
[1] 
Plans and specifications of soil erosion and sediment control measures in accordance with the soil erosion and sediment control standards.
[2] 
A timing schedule indicating the anticipated starting and completion dates of the development sequence and the anticipated dates of duration of exposure of each area prior to the completion of effective erosion and sediment control measures.
[3] 
Calculation of the expected soil erosion from the site during the period of exposure.
(c) 
The plans shall be prepared or approved and signed by a professional engineer.
(d) 
The soil erosion and sediment control plan, hereafter referred to as "the plan," shall be approved or disapproved by the municipal agency in accordance with the principles and standards set forth in this article.
B. 
When not required.
(1) 
A grading permit shall not be required upon a written determination by the Borough official hereinafter designated that an erosion and sedimentation control plan is not necessary because the calculated expected land disturbance area is less than 5,000 square feet from the site and does not exceed the standards set forth in this article and is not expected to cause damage to adjacent property.
(a) 
The Borough official designated to make the determination that an erosion and sedimentation control plan is not necessary shall be the Construction Official in the case of residentially zoned lots having an area of 20,000 square feet or less.
(b) 
The Borough Engineer shall be the Borough official designated to make the determination that an erosion and sedimentation control plan is not necessary in all other instances.
(2) 
No grading permit shall be required for:
(a) 
Grading as defined by this article where the area to be disturbed measures less than 100 square feet, provided that stockpiling of excavated or fill material shall not exceed a period of 30 days.
(b) 
Plowing, clearing or cultivation of land for the purpose of residential landscaping and for the purpose of growing flowers, trees, shrubs or farm products where the land has been previously used for such activity.
[Amended 10-7-2019 by Ord. No. 11-19, effective 10-28-2019; 11-4-2024 by Ord. No. 15-24, effective 11-24-2024]
A. 
Plan approval.
(1) 
The municipal agency shall act to approve or disapprove the plan within 30 days of submission of a complete application unless, by mutual agreement, in writing, between the municipal agency and the applicant, this period is extended for an additional 30 days. Failure of the municipal agency to make a decision within such period or such extension thereof shall constitute certification. The municipal agency may refer any such plan to the Borough Engineer, the County Soil Conservation District or such other local, county, state or federal agency as may be particularly qualified to review such plan.
(2) 
The applicant shall be provided with written notice of such decision by the municipal agency. A copy of such decision, including the name of the applicant, site location, by street, address, and block and lot number, and proposed land use shall be sent to the Morris County Soil Conservation District. The municipal agency shall also make available such other information as may be required by the District. If the municipal agency approves the plan, the Chairperson and the Secretary of the Board shall endorse a written statement of such approval on the plan.
(3) 
The municipal agency shall thereupon forward a copy of the approved plan to the Construction Official, who shall thereupon issue the grading permit upon payment of the prescribed fee. If the municipal agency disapproves the plan, the reasons therefor shall be stated to the applicant in writing.
B. 
General design principles. The following principles are effective in minimizing soil erosion and sedimentation and shall be adhered to where applicable in the soil erosion and sediment control plan:
(1) 
Land clearing, stripping of vegetation, land filling, regrading or other development shall be done in such a way that will minimize soil erosion.
(2) 
Whenever feasible, natural vegetation shall be retained, protected and supplemented.
(3) 
The disturbed area and the duration of exposure of such area shall be kept to a practical minimum, the duration of exposure to be established by the municipal agency or designated Borough official. Permanent improvements, such as roads, catch basins, curbs, etc., shall be installed as quickly as possible.
(4) 
Temporary seeding or mulching shall be used to protect exposed critical areas during development.
(5) 
Provisions shall be made to accommodate the increased water runoff caused by changed soil and surface conditions during and after development.
(6) 
Sediment in the runoff water shall be trapped to the maximum extent possible by the use of sediment basins or other methods, in accordance with the soil erosion and sediment control standards.
(7) 
Diversions, sediment basins and other erosion and sedimentation control measures, where required, shall be constructed prior to any on-site grading or disturbance of existing surface material.
C. 
Development standards.
(1) 
The detailed plans and specifications in any soil erosion and sedimentation control plan shall be dictated by the characteristics of the site to be developed and the nature of the development. Erosion and sediment control measures shall be required wherever the estimated average annual soil loss as calculated according to the regulations set forth by Article IV, Section Q, of the land development standards of the county exceeds the allowable soil loss according to the regulations set forth by the above Article IV, Section Q, or wherever the Borough Engineer finds that the estimated soil loss will cause damage to adjacent property or to property within 500 feet of the development.
(2) 
In determining allowable soil loss, the Borough Engineer shall rule as to whether the damaged area is high or low value.
(3) 
Standards and specifications for measures used in the soil erosion and sediment control plan shall be in accordance with the standards and specifications for soil erosion and sediment control of the County Soil Conservation District and the county development standards. The requirement for erosion and sediment control measures shall apply to all features of the construction site, including street and utility installations, as well as to the protection of individual lots. Measures shall be instituted to prevent or control soil erosion and sedimentation during the various stages of development, as well as on the completion of development where necessary.
D. 
Performance and maintenance bonds. The municipal agency may require the posting of performance bonds and maintenance bonds in the same manner as provided in § 17-6.13.
E. 
Maintenance. Developers carrying out soil erosion and sediment control measures under this article and all subsequent owners of property on which such measures have been installed shall adequately maintain all temporary and permanent soil erosion control measures, devices and planting in effective working condition.
[Amended 11-4-2024 by Ord. No. 15-24, effective 11-24-2024]
A. 
Inspection. The applicant shall keep a certified plan on the site of the construction during the period of construction.
B. 
Enforcement. Except in the case of residentially zoned lots having an area of 20,000 square feet or less, the requirements of this article shall be enforced by the Borough Engineer, who shall inspect or require adequate inspection of the work. If the Borough Engineer finds any existing conditions not as stated in any application, he may refuse to approve further work. Upon satisfactory completion of the work, the Borough Engineer shall file with the municipal agency and the Construction Official a signed written statement certifying that specific construction, inspections or tests, where required, have been performed and that such comply with the applicable requirements of this article or regulations adopted hereunder. The requirements of this article shall be enforced by the Construction Official in the case of applications involving residentially zoned lots having an area of 20,000 square feet or less. The Construction Official shall also inspect or require adequate inspection of the work, and if he shall find any existing condition not as stated in any application, he may refuse to approve further work. No certificate of occupancy for any building will be granted 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 Construction Official. A copy of this report shall be sent to the Morris County Soil Conservation District.
C. 
Failure to maintain. In the event of a failure to maintain any temporary or permanent erosion and sedimentation control measures in effective working condition, the Borough Engineer or the Construction Official, as the case may be, shall issue a stop-work order, revoke the certificate of occupancy or take such other steps to obtain compliance with the soil erosion and sedimentation control plan as may be lawful.
If any person violates any of the provisions of this article 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 article, and standards promulgated pursuant to this article, or fails to comply with the provisions of a certified plan shall be liable for 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 Superior Court, County Court, County District Court and 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.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
This article shall take effect following municipal adoption and publication according to law and upon subsequent and final approval by the State Soil Conservation Committee.