[Ord. No. 4-7-78]
a. 
Title. This chapter shall be known as the "Greenwich Township Municipal Soil Erosion and Sediment Control Ordinance."
b. 
Purpose. 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 promote the safety, public health, convenience and general welfare of the community.
[Ord. No. 4-7-78]
a. 
Rules applying to text. For the purpose of this chapter certain rules of word usage apply to the text as follows:
1. 
Words used in the present tense include the future tense; and the singular includes the plural, unless the context clearly indicates the contrary.
2. 
The term "shall" is always mandatory and not discretionary; and the word "may" is permissive.
3. 
The word or term not interpreted or defined by this subsection shall be used with a meaning of common or standard utilization.
b. 
Definitions. As used in this section:
APPLICANT
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.
EROSION
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 minimize soil erosion and sedimentation Such measures shall be equivalent to or exceed standards for Soil Erosion and Sediment Control in New Jersey as promulgated by the State Soil Conservation Committee and administered by the Township 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 use of land, within its capabilities and treatment, within practical limits, according to chosen use to prevent further deterioration of soil and water resources.
LAND
Any ground, soil, or earth including marshes, swamps, drainageways and areas not permanently covered by water within the Township.
LAND DISTURBANCE
Any activity involving the clearing, excavating, storing, grading, transporting, filling and any other activity which causes land to be exposed to the danger of erosion.
MULCHING
The application of plan residue or other suitable materials to the land surface to conserve moisture, hold soil in place, and aid in establishing plant cover.
PERMIT
A certificate issued to perform work under this section.
SEDIMENT
Solid material, both mineral and organic, that is in suspension, is being transported, or has been moved from its site of origin 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.
SITE
Any plot, parcel or parcels of land.
SOIL
All unconsolidated mineral and organic material of any origin.
SOIL CONSERVATION DISTRICT
A governmental subdivision of this state, which encompasses this Township, organized in accordance with the provisions of Chapter 24, Title 4, N.J.S.A.
STATE SOIL CONSERVATION COMMITTEE
An agency of the state established in accordance with the provisions of Chapter 24, Title 4, N.J.S.A.
STRIPPING
Any activity which significantly disturbs vegetated or otherwise stabilized soil surface including clearing and grubbing operations.
[Ord. No. 4-7-78]
a. 
Regulation.
1. 
No land area shall be disturbed by any person, partnership, corporation, municipal corporation or other public agency within this Township unless; the applicant has submitted to the Township Engineer a plan to provide for soil erosion and sediment control for such land area in accordance with Standards for Soil Erosion and Sediment Control in New Jersey as promulgated by the State Soil Conservation Committee and such plan has been approved by the Township Engineer; and a valid land disturbance permit has been issued by the Township Engineer except as exempted by Subsection 12-1.5.
b. 
Data required. The applicant shall submit a separate soil erosion and sediment control plan for each noncontiguous site. The applicant may consult with the Warren County Soil Conservation District in the selection of appropriate erosion and sediment control measures and the development of the plan. The plan shall be prepared by a professional engineer licensed in the State of New Jersey, and shall conform to standards set forth in Standards for Soil Erosion and Sediment Control in New Jersey as promulgated by the State Soil Conservation Committee. Such plan shall contain:
1. 
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).
2. 
Location and description of proposed changes to the site, including contours and spot elevations showing "before" and "after" conditions.
3. 
Measures for soil erosion and sediment control which must meet or exceed Standards for Soil Erosion and Sediment Control in New Jersey as promulgated by the State Soil Conservation Committee. Such standards shall be on file at the offices of the local soil conservation district and the Township Clerk.
4. 
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.
c. 
Revisions and data. All proposed revisions of data required shall be submitted for approval.
d. 
Review and approval. Soil erosion and sediment control plans shall be reviewed by the Township Engineer and approved when in conformance with the Standards for Soil Erosion and Sediment Control in New Jersey as promulgated by the State Soil Conservation Committee. The Township Engineer may seek the assistance of the Warren County Soil Conservation District in the review of such plans and may deem as approved those plans which have been reviewed and determined adequate by the district. The applicant shall be provided with written notice that:
1. 
The plan was approved; or
2. 
The plan was approved subject to the attached conditions; or
3. 
The plan was denied approval with the reasons for denial stated therein.
Such determination shall be made within a period of 30 days of submission of a complete application unless, by mutual agreement in writing between the Township and the applicant, this period is extended for an additional 30 days. Failure of the Township to make a decision within such period or such extension thereof shall constitute certification. A copy of such decision including name of applicant, site location by street address and block and lot number, and proposed land use shall be sent to the Warren County Soil Conservation District. The Township shall also make available such other information as may be required by the district.
[Ord. No. 4-7-78]
a. 
General design principles. 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.
1. 
Stripping of vegetation, grading or other soil disturbances shall be done in a manner which will minimize soil erosion.
2. 
Whenever feasible, natural vegetation shall be retained and protected.
3. 
The extent of the disturbed area and the duration of its exposure shall be kept within practical limits.
4. 
Either temporary seeding, mulching or other suitable stabilization measures shall be used to protect exposed critical areas during construction or other land disturbance.
5. 
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.
6. 
Water runoff shall be minimized and retained on site wherever possible to facilitate ground water recharge.
7. 
Sediment shall be retained on site to the maximum extent feasible.
8. 
Diversions, sediment basins, and similar required structures shall be installed prior to any on-site grading or disturbance.
b. 
Maintenance. All necessary soil erosion and sediment control measures installed under this section shall be adequately maintained for one year after completion of the approved plan or until such measures are permanently stabilized as determined by the Township Engineer. The Township Engineer shall give the applicant upon request a certificate indicating the date on which the measures called for in the approved plans were completed.
c. 
Maintenance bonds. Before the permit is issued, the applicant shall file with the Township Clerk a bond executed by the applicant as principal and a surety company licensed to do business in the State of New Jersey as surety. The amount of the bond shall be determined by the Township Engineer based upon a review and approval of an estimate of quantities and costs prepared by the applicant's engineer. In no event shall it be less than $100. The bond shall be conditioned as follows:
1. 
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.
2. 
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.
3. 
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.
d. 
Fees.
1. 
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 the later, the subdivider shall pay the Township a fee of $100. In addition, the subdivider shall deposit with the Township Clerk, to cover the cost of legal, engineering and inspection services, an amount equivalent to $10 for each and every lot shown on the plat.
2. 
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 Township a fee of $100. In addition, the applicant shall deposit with the Township Clerk, to cover costs of legal, engineering and inspection services, an amount equivalent to 5% of the estimated cost of the erosion control measures or $300, whichever is greater, except that in the case of a site of less than one acre the minimum amount shall be $200.
3. 
Upon the filing of the erosion control plan for all other purposes, the applicant shall pay the Township a fee of $100. In addition, the applicant shall deposit with the Township Clerk, to cover the cost of legal, engineering and inspection services, an amount equivalent to 5% of the estimated cost of erosion control measures or $300, whichever is greater.
4. 
If, after completion and Township approval, the sum deposited with the Township Clerk by the subdivider, pursuant to paragraph d.1, 2 and 3 of this subsection, to cover the cost of legal, engineering and inspection services, should exceed the expense actually incurred by the Township for such services, the subdivider, upon written request, within one year following the date of such acceptance, shall be entitled to the return of the amount by which its deposits aforesaid exceed such actual cost, without interest.
e. 
Penalties for violations.
1. 
Any person who violates any of the provisions of this section or any standard adopted pursuant to this section, or fails to comply with the provisions of an approved plan for soil erosion and sediment control 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. The proceeding to collect the penalty shall be brought in the name of Greenwich Township and may be brought in the Greenwich Township Municipal Court. If the violation is of a continuing nature, each day during which it continues shall constitute an additional separate and distinct offense.
2. 
If any person violates any of the provisions of this section, any standard adopted pursuant to the provisions of this section, or fails to comply with the provisions of an approved plan for soil erosion and sediment control, the Township of Greenwich may institute a civil action in the Superior Court or injunctive relief to prohibit or prevent such violation or violations and the court may provide in a summary matter as permitted so to do by law.
[Ord. No. 4-7-78]
The following activities are specifically exempt from this section:
a. 
Land disturbance associated with the construction of a single-family dwelling 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.
b. 
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.
c. 
Use of land for gardening primarily for home consumption.
d. 
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.
e. 
Percolation tests and/or soil logs.
[Ord. No. 4-7-78]
The requirements of this section shall be enforced by the Township Engineer who shall also inspect or require adequate inspection of the work. If the Township Engineer finds existing conditions not as stated in the applicant's erosion and sediment control plan, he may refuse to approve further work and may require necessary erosion and sediment control measures to be promptly installed and may seek other penalties as provided in Subsection 12-1.4e. No certificate of occupancy for a project shall be issued unless there has been compliance with the applicant's approved erosion and sediment control plan for permanent measures to control soil erosion and sedimentation. The applicant shall be required to have the approved plan on site during construction.
[Ord. No. 4-7-78]
Appeals from decisions under this section may be made to the Township governing body in writing within 10 days from the date of such decision. The appellant shall be entitled to a hearing before the Township governing body within 30 days from date of appeal.
[Ord. No. 4-7-78]
This section shall take effect following final Township adoption and publication according to law and upon subsequent final approval by the State Soil Conservation Committee.