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.
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 Building Inspector 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.
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 Building Inspector, 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.
(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.
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
Building Inspector 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 Building Inspector in the case of applications
involving residentially zoned lots having an area of 20,000 square
feet or less. The Building Inspector 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 Building
Inspector. 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 Building Inspector,
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.
Any application for a grading permit shall be accompanied by the fees prescribed in Article V of this chapter.
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.
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.
