Township of Edison, NJ
Middlesex County
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Table of Contents
Table of Contents
[1999 Code § 15.32.010]
The Township Council, in order to promote, develop, and maintain a harmonious balance between man and the natural processes and to effectuate the general purpose of municipal planning, with an intent towards the promotion of sensitive land development, the guiding of inevitable land development and the opposition to unnecessary or detrimental land development and the deterioration of property values, through the consideration of aesthetics, good landscaping and sound engineering practice, hereby finds and determines that the unregulated and uncontrolled relocation, excavation and removal of soil on a large scale has or will result in conditions detrimental to the public safety, health and general welfare and to the development of the Township.
[1999 Code § 15.32.020; Ord. No. O.1722-2009§ 2; Ord. No. O.1965-2017]
As used in this section:
APPLICANT
Means the person requesting a soil importation permit as provided for in this section.
APPOINTED OFFICER
means the Township Engineer as designated by the Township Council to act upon applications for permits under this section to enforce this section.
[Ord. No. O.1965-2017]
APPROVED SOIL MATERIAL
Means earth, sand, clay, loam, gravel, humus, rock or dirt, and may include subsoil or topsoil. No construction debris is permitted.
DEVELOPER
Means any person who, either directly or through an agent or independent contractor, engages or intends to engage in land subdivision for the purpose of sale to or occupancy by another person or persons.
EROSION
Means detachment and movement of soil, rock, or other mineral or organic matter by water, wind, ice or gravity.
EXCAVATOR
Means any person engaged in the moving, removal or excavation of soil from, in or upon any land in the Township.
FARM
Means a tract of land being used for the production of agricultural or horticultural produce, as food, fiber, nursery stock, livestock, poultry, or dairy products, or that has been used and has not since been put to other use including use as woodland as defined herewith.
FARMER
Means a person who operates a farm.
GARBAGE
Means meat and vegetable waste solids resulting from the handling, preparation, cooking and consumption of foods "Garbage" is considered to originate primarily in kitchens, stores, markets, restaurants, hotels and other places where food is stored, cooked and consumed.
LAND/SOIL DISTURBANCE
Means any activity by people, including but not limited to clearing of vegetative cover, removal of topsoil, grading, trenching, cutting or filling to change the land surface, that would or could result in loss of topsoil, erosion, and sedimentation.
LOT
Means a parcel or plot of land occupied or designed to be occupied by a building and its accessory building or by a dwelling group and its accessory buildings, together with such open spaces as are arranged and designed to be used in connection with such building.
MANAGEMENT PLAN
Means a plan for the management of timbered land, developed by the New Jersey Department of Environmental Protection, Bureau of Forestry, or similar State or Federal agency or Township Forester if the Township names one.
MOVE
Means to dig, excavate, remove, deposit, fill, grade, replace, level or otherwise alter or change the location or contour of land; to plow, spade, cultivate, harrow or disc the soil; or any other operation usually and ordinarily associated with the tilling of soil for agricultural or horticultural purposes.
MULCHING
Means the application of plant residue or other material to the land surface suitable to conserve moisture, hold soil in place, and aid in establishing plant cover.
OWNER
Means any person seized in fee simple of any lot, subdivision or premises or having any interest or estate therein which would permit effective possession thereof or dominion therefore.
PERMIT
Means a license to remove or destroy trees or to engage in a land disturbing activity, issued by the officer designated to enforce this section.
PERSON
Means and includes an individual, firm, corporation, association, society or partnership, and their agents or employees.
PREMISES
Means one (1) or more contiguous lots in single ownership.
REFUSE
Means and includes all miscellaneous matters such as, but not limited to, bottles, construction debris, rags, mattresses, worn-out furniture, old clothes, old shoes, broken glass, leather, carpets, crockery, rubber, newspaper cartons, tin cans, metals, abandoned automobiles or parts.
REDISTRIBUTION
Means any change or alteration in the grade of any land.
SEDIMENT
Means soil, rock or other mineral or organic material moved from a place or origin by water, wind, ice, or gravity and deposited elsewhere.
SOIL
Means the fine earth material, and any included coarser fragments of rock and incorporated organic matter, comprising the surface layers of the earth, in which plants grow and over which people and animals normally move about.
SOIL CONSERVATION DISTRICT
Means the governmental body organized pursuant to N.J.S.A. 4:24-17.5 et seq. and designated in the New Jersey Soil Erosion and Sediment Control Act, N.J.S.A. 4:24-39 et seq., for certification of plans for control of erosion and sedimentation.
SUBSOIL
Means all soil except topsoil.
TOPSOIL
Means the top layer of soil [usually eight (8) to ten (10) inches deep] in which most of the organic matter occurs and where leaching of the suspended and dissolved solids is the greatest.
TOWNSHIP ENGINEER
Means the person appointed to that position or one acting for him under his authority.
TREE, TREES
Means any and all single and multi-trunked plants having diameters of four (4) inches or more at heights of three (3) feet above the base of the trunk or of one or multi-trunks, except flowering dogwood (Conrus florida) which is to be considered a tree if the diameter is two (2) inches or more at three (3) feet above the base of the trunk.
[1999 Code § 15.32.030; Ord. No. O.1965-2017]
a. 
No owner, developer, excavator or other person shall move or cause, allow, permit or suffer to be moved or removed any topsoil or subsoil in the Township for use other than on the lot from which it shall be taken, except as otherwise defined or provided for in this section, unless and until after application to the Township Engineer.
b. 
The Township Engineer shall first determine that the excavation, grading or removal of the amount of soil applied for is necessary and essential to the development or the improvement of the premises. Removal of soil from the Township shall only be permitted after the Township Engineer determines that there exists no alternative location for said topsoil within the Township. In determining whether there exists no alternative location, the Township Engineer shall ascertain from the other departments whether the Township has need to purchase a quantity of topsoil or, in the absence of such need, whether any other person or entity within the Township has, in writing, expressed a willingness to purchase a quantity of topsoil.
[1999 Code § 15.32.040; Ord. No. O.1965-2017]
Should the Township Engineer find and determine that the excavation, grading or removal of the amount and type of soil applied for is necessary and essential to the development or improvement of the premises and that the applicant has complied with the provisions hereof and all other applicable ordinances, then the appropriate soil removal permit may be issued. If the lot is part of an approved subdivision or site plan presently under construction, then a permit shall be required only if the soil is to be removed from the subdivision premises or premises within the site plan.
[1999 Code § 15.32.050; Ord. No. O.1965-2017]
Applications shall contain the following information in a form and to a degree to be determined by the Township Engineer.
a. 
The names and addresses of the applicant, the owner, the developer and the excavator.
b. 
The lot and block numbers of the land from which soil is to be removed, as shown on the current Tax Map of the Township.
c. 
The location to which soil is to be removed.
d. 
The route to be taken during the removal operation.
e. 
The reason for removing soil.
f. 
The proposed dates for the commencement and completion of the soil removal, not to exceed three (3) months for any single application.
g. 
A map of the lot showing the present contour lines and the proposed future contour lines resulting from the intended excavation or redistribution of soil and the location of streams, watercourses or other environmentally sensitive areas, if different from any such information appearing on an approved site plan or subdivision.
h. 
The amount of soil and/or topsoil to be removed from the site and the amount of soil and/or topsoil to remain on the site.
i. 
Such other pertinent data as the Township Engineer may deem necessary.
[1999 Code § 15.32.060; Ord. No. O.1965-2017]
a. 
In considering the application, the Township Engineer shall be guided by the following factors:
1. 
Soil erosion by water and wind.
2. 
Inadequate and improper surface water drainage.
3. 
Impairment of soil fertility.
4. 
Removal of lateral support of abutting streets and lands.
5. 
Creation of dangerous depressions and declivities.
6. 
The statements and findings in subsection 32-1.5.
7. 
Availability of alternative sites within the Township, as defined herein.
8. 
Such other factors as the Township Engineer may deem necessary or appropriate in light of the particular application.
9. 
The minimum quantity that will require a permit to be issued.
b. 
If, after considering the above factors, the Township Engineer determines that the proposed excavating, grading or removal or redistribution of soil will not be detrimental to the health, safety and welfare of the Township or its inhabitants and complies with the terms hereof, he shall issue the necessary permit. Otherwise, he shall deny the application and shall notify the applicant. The Township Engineer shall have thirty (30) days after the application is filed within which to notify the applicant whether the application has been granted or denied.
When soil is being removed as part of an application before the Planning Board or Board of Adjustment, approval of the soil permit under this section shall be a condition of approval.
[1999 Code § 15.32.070; Ord. No. O.1965-2017]
If an application is denied, the applicant may appeal the decision of the Township Engineer by filing a written notice of appeal with the Township Council within ten (10) days after receiving the notice of denial of the application.
[1999 Code § 15.32.080]
A fee of two hundred fifty ($250.00) dollars shall accompany each application to cover the cost incurred in investigating and processing the application and will be retained by the Township whether the permit is issued or denied.
[1999 Code § 15.32.090; Ord. No. O.1965-2017]
Before the permit is issued, the applicant shall file with the Township Engineer cash, certified check, letter of credit or a bond executed by the applicant as principal and a surety company licensed to do business in the State of New Jersey as surety unless the applicant, owner or developer has previously posted such security covering the work to be performed hereunder in connection with an approved subdivision or site plan. The amount of the bond shall be determined by the Township Engineer but in no event shall be less than one thousand ($1,000.00) dollars and shall be conditioned as follows:
a. 
That the applicant will complete the work authorized by the permit in conformity with the terms of the permit and the provisions of this section on or before the date of completion set forth in the application.
b. 
That the applicant will repair any public street, structure or land which may be damaged as a result of the work authorized by the permit.
[1999 Code § 15.32.100; Ord. No. O.1965-2017]
a. 
Soil removal or redistribution conducted under a permit issued under this section shall be in accordance with the following regulations:
1. 
Operations shall be conducted so that there shall be no sharp declivities, pits or depressions.
2. 
Lands shall be graded so as to conform to the approved contour lines and grades and shall be cleared of debris.
3. 
A minimum of six (6) inches of topsoil shall remain over the entire lot from which soil was removed, except for those portions of the lot occupied by a building or structure or pavement, in accordance with the approved plans and specifications for the development thereof, upon completion of the intended construction.
4. 
All of the work described in this section shall be performed between the hours of 8:00 a.m. and 4:30 p.m., Monday through Saturday. Where possible, work should be performed during regular business hours of the Township Engineer so that appropriate inspections may be accomplished.
5. 
Adequate measures shall be taken to prevent erosion and sedimentation of soil upon surrounding lands, streets, municipal facilities, bodies of water or waterways, in accordance with the provisions of the Freehold Soil Conservation District. No soil shall be removed during periods of rain or other precipitation or within forty-eight (48) hours thereafter. No soil removal operation shall commence without the approved SCS plan from the Freehold Soil Conservation District.
6. 
Township Engineer shall be notified at least forty-eight (48) hours before the removal of soil begins.
b. 
An accounting of the soil removed shall consist of inspection by the Township Engineer of the receipts given the applicant by the excavator for the soil removed. The receipts shall record the type and amount of soil taken, the date it was removed and the capacity of the truck. A final written estimate of the amount removed shall be submitted by the applicant. The Township Engineer must be satisfied that the inspected receipts account for all of the amounts indicated in final estimate.
[1999 Code § 15.32.110]
Nothing in this section shall be deemed to apply to any licensed sand bank, pit or quarry, except to the extent that the operator of any such sand bank, pit or quarry seeks to remove topsoil, in which case this section shall be fully applicable.
[1999 Code § 15.32.120]
Nothing in this section shall be construed to prevent the Township from taking injunctive proceedings to restrain removal of soil as described in this section.
[1999 Code § 15.32.130]
Any officials from the Township and their agents shall have the right at all times to inspect any property where a permit has been issued under this section.
[1999 Code § 15.32.150]
Topsoil, which is to remain for future use, shall be stored and maintained at designated locations within the permit area, in accordance with Chapter XXV, Trees, to regulate and control the destruction and removal of trees, the movement of topsoil, erosion of soil and sedimentation in the Township of Edison.
[1999 Code § 15.32.150; New]
Any person, firm or corporation who or which shall violate any provision of this section shall be liable, upon conviction, to the penalty stated in Chapter I, Section 1-5.
[1999 Code § 15.32.160]
No owner, agent, lessor, lessee, tenant or occupant of any lot, grounds, street, road or alley in the Township of Edison shall deposit thereon or permit the depositing thereon of any animal or vegetable substance or garbage or refuse or dirt gathered in cleaning sewers, or waste of mills or factories, or any materials which are offensive to health or tend to decay, to become putrid or to render the atmosphere impure or unwholesome.
[1999 Code § 15.32.170; Ord. No. O.1965-2017]
No owner, agent, lessor, lessee, tenant or occupant of any lot, grounds, street, road or alley in the Township of Edison shall deposit thereon or permit the depositing thereon of any approved soil material unless a permit is issued by the Township Engineer. Exempt from the provision of this section shall be the following:
a. 
Select fill for septic installation and/or repair certified to be such by a New Jersey licensed engineer; or
b. 
Routine landscaping activities that do not require in excess of ten (10) cubic yards of approved soil material conducted in connection with residential use not subject to any other permitting requirements set forth in the Code of the Township of Edison. Any materials used in activities permitted herein shall nevertheless conform with all applicable, local, State and Federal regulations.
[1999 Code § 15.32.190]
Unless otherwise exempt under the terms of this section, no permit to deposit approved soil material upon or used to fill up or raise the surface of any lot, grounds, street, road, or alley in the Township of Edison shall be issued unless the applicant submits proof that the approved soil material has been tested in conformance with subsection 32-2.6 and that it complies with the Soil Ranking Criteria found in N.J.A.C. 7:26F, Appendix C, Table 1, as may be amended from time to time.
[1999 Code § 15.32.200; Ord. No. O.1965-2017]
The fee for issuance of a permit under this section shall be two hundred ($200.00) dollars. No permit shall be issued unless the applicant furnishes to the Township Engineer an approved plot plan, site plan or subdivision plan as the case may be for the proposed filling project, the permit fee, and a performance guarantee if not covered elsewhere. Such guarantee shall be a certified check in the sum of two hundred ($200.00) dollars made payable to the Township of Edison to guarantee performance by the applicant of the terms and conditions of this section, such funds to be released upon inspection of the fill project and approval thereof by the Township Engineer as having been done in accordance with the provisions of this section. The Township Engineer shall have a period of thirty (30) days from receipt of the application within which to issue or deny the license application.
[1999 Code § 15.32.210]
In addition to applicable site plan and subdivision requirements, and the requirements of this section, the placement of approved soil material shall be performed and maintained in the following manner:
a. 
All sediment and soil erosion controls approved by Freehold Soil Conservation District must be in place and maintained for the duration of the project;
b. 
No approved soil material that would result in the stream encroachment or interference with wetland areas is permitted; and
c. 
Dust control shall be affected as needed by spraying of the exposed fill material and adjacent surface.
[1999 Code § 15.32.220; Ord. No. O.1965-2017]
Any approved soil material to be brought into the Township must be tested at the source for compliance with the Soil Ranking Criteria found in N.J.A.C. 7:26F, Appendix C, Table 1, in accordance with subsection 32-2.3, and evaluated by a State Certified Laboratory; further:
a. 
All expenses connected with such testing are to be borne by the recipient of the fill;
b. 
The Township Engineer shall have the authority to order additional reports or inspections as it may deem necessary and appropriate; and
c. 
Acceptance or rejection of any approved soil material is to be made by the Township Engineer according to this section and any additional rules or regulations it may from time to time enact.
[1999 Code § 15.32.230]
Responsibility for obtaining a permit for approval to deposit approved soil material is with property owner.
[1999 Code § 15.32.240]
Each permit issued under the terms of this section shall be valid only for the location(s) described in the permit and for a period of six (6) months from the date of issuance, subject to renewal.
[1999 Code § 15.32.250]
Any person, firm or corporation who shall violate any provision of this section shall, upon conviction thereof, be liable to the penalty stated in Chapter I, Section 1-5. Every day that a violation continues after due notice has been served, in accordance with the terms and provisions hereof, shall be deemed a separate offense.
[1]
Editor's Note: See also Chapter 25, Trees.
[1999 Code § 15.32.260]
This section shall apply throughout the entire area of the Township, so as to preserve trees and woodlands from unjustifiable destruction; to preserve soil from erosion and sedimentation; and to protect the use and transfer of topsoil, all for the general well-being of the residents of Edison Township and neighboring downstream areas.
[1999 Code § 15.32.270]
Except as otherwise provided herein, no land in the Township in excess of five thousand (5,000) square feet shall be cleared and left barren of vegetative protection, whether that protection consists of trees as defined herein, saplings, shrubs or grasses; and no such area shall otherwise be disturbed in the soil by bulldozing, earth moving, filling, leveling or other grading, laying of pipe or cable, or otherwise by any person, association, corporation, or public agency without a land disturbance permit first having been obtained as provided in this section.
[1999 Code § 15.32.280]
Exempted from the provisions of subsection 32-3.2 shall be the following:
a. 
Gardening for home consumption.
b. 
Agricultural use of land under a farm program approved by the Freehold Soil Conservation District or otherwise likely not to result in excessive erosion and sedimentation.
c. 
Construction of a single-family dwelling with accessory structures approved under the Township Zoning and Subdivision Ordinance, not causing land disturbance of more than five thousand (5,000) square feet, provided the same is not part of a subdivision in the process of being developed or in which building lots are being sold by a developer, except that such a dwelling would not be exempt if located on a slope of ten (10%) percent or more or within fifty (50) feet of a stream or flood hazard area as defined in Chapter XXXI, Natural Area Protection, and Chapter XXXIII, Flood Damage Prevention and Protection, or standing bay of water or swamp.
d. 
Any of these exemptions, however, may be voided wherever and whenever the appointed officer deems that the activity does or likely would cause soil erosion and sedimentation contrary to the purpose of this section in which case the appointed officer shall require the submission of plans to correct for said erosion and sedimentation.
e. 
The Township of Edison shall be exempt from the provisions of this section for purposes of soil removal, soil importation and soil disturbance.
[1999 Code § 15.32.290]
An application for approval of a site plan, subdivision or for a building permit, that adequately shows the land disturbance that would result and plans for prevention or erosion and sedimentation and for disposal of topsoil, shall be considered to constitute also an application for a land disturbance permit, and no additional application for such a permit shall be required. Applications for subdivision, site plan approval or a building permit that under State law would fall within the purview of the Freehold Soil Conservation District shall be referred to that agency for certification of satisfactory plans for control of soil erosion and sedimentation and for inspection to see that those plans are carried out. The land disturbance permit and the building permit shall not be issued until certification of the erosion and sedimentation plans has been received from the Soil Conservation District. Those applications that fall within the purview of the Soil Conservation District shall be reviewed also by the Township for assurance that control of erosion are included and for all other measures that could relate to the health, safety, and general welfare of the residents of the Township, including preservation of trees and the use and disposition of topsoil.
[1999 Code § 15.32.300]
An application for a land disturbance permit shall be required where site plan and/or subdivision approval or a building permit is not involved. All applications for land disturbance permits not involving site plan and/or subdivision approval or a building permit shall be ruled upon by the appointed officer in accordance with the provisions of this section. Such permits shall be required for but not limited to the following:
Applications for land clearing, grading, or filling, cutting out new streets or roads or widening established thoroughfares that are under the jurisdiction of the municipality, establishing surface drainage systems, and laying sewer line, water lines, or underground utility lines through open space, fields, and woods where there is no pavement or managed lawn to be readily restored.
[1999 Code § 15.32.310]
All applications for land disturbance permits other than those submitted in connection with subdivision or site plan approval, shall include the following:
a. 
The name of the applicant, the locations of the property on which the land would be disturbed, including the sheet, block, and lot numbers on the tax map, and the purpose for the disturbance.
b. 
The location and description of existing natural and man-made features of the site and of adjacent areas. Natural features to be described shall include trees and other vegetation, topography, soils, geology, and drainage. Representation of topography shall include a contour drawing with intervals of one (1) foot where slopes are three (3%) percent or less; two (2) feet where slopes are more than three (3%) percent but less than fifteen (15%) percent; and five (5) feet where slopes exceed fifteen (15%) percent. Soil information shall include a print or transcript from the soil survey of Middlesex County, obtainable from the Freehold Soil Conservation District. Besides marshes, ponds, streams, and flood areas, as well as related soil information, drainage data shall include where, if anywhere, surface water comes onto the property from adjacent lands and where, if anywhere, it flows from the property to which the application applies onto adjacent property. Drainage data shall include also man-made surface drains, such as ditches and culverts with information on their dimensions or capacities, and it shall likewise show systems of man-made underground drainage.
c. 
Location and description of proposed changes in the site, including changes, if any, in the form and percent of slope and in drainage.
d. 
Plans for control of soil erosion and sedimentation.
e. 
A schedule of the sequence of installation or application of planned measures for control of soil erosion and sedimentation, as related to the progress or the project, including the starting and completion dates.
f. 
Separate erosion and sedimentation control plans for each proposed final section of the tentative plans.
g. 
All proposed revisions of required data submitted to the appointed officer for approval with copies provided for the Township Engineer and the Environmental Commission.
h. 
The use to be made of the topsoil.
[1999 Code § 15.32.320]
In determining whether to approve or disapprove an application for a land disturbance permit the appointed officer shall consider the following factors:
a. 
Retention of natural vegetation wherever practicable.
b. 
Disturbance over areas no larger than are reasonably necessary.
c. 
Exposure of land to erosion for as little time as appears reasonable.
d. 
Treatment and use to be made of topsoil.
e. 
Seeding, sodding, mulching, or use of other stabilizing measures to protect exposed areas during construction and at other times of land disturbance. Seeding and other vegetative measures shall be evaluated according to specified varieties of seed, fertilization, and other treatments.
f. 
Use of temporary measures when permanent measures will not be completed in a short period of time, as within thirty (30) days.
g. 
Diversion, vegetative buffers, mulching, sodding, or other measures to check or to divert runoff and to gather sediment from runoff by interrupting slopes, by blanketing waterways, or by checking in some other way the flow of water and the movement of soil.
h. 
Retention of rainfall on site, to the extent practicable, for recharge of ground water and lessening the risk of flooding.
i. 
Control of increased runoff resulting from modified soil and surface conditions from the construction, according to the Township Zoning and Subdivision Ordinance.
j. 
Retention of sediment on site to the maximum extent feasible.
k. 
Installation of diversions, sediment basins, and other control measures prior to any on-site disturbances except the disturbance that is necessary for the construction of said measures.
l. 
Control of erosion and sedimentation over all aspects of a project and during all stages from beginning through the completion.
m. 
Assurance of lasting stabilization of the soil after construction.
[1999 Code § 15.32.330]
a. 
Applications for tree removal and land disturbance permits involving the issuance of subdivision, site plan and/or a building permit shall be processed during and by the regular procedures for review of said subdivision, site plan and/or building permit applications. When all requirements under this section have been met, permits for the activity shall be issued. If a building permit is denied, the tree removal and land disturbance permits pertaining thereto shall be denied. No building permits shall be issued without the issuance of any permits required under this section.
b. 
Applications for tree removal and land disturbance permits not involving the issuance of subdivision, site plan approval and/or building permits shall be reviewed by the Environmental Commission. Recommendations from the Environmental Commission which shall not be binding shall be forwarded to the appointed officer within fifteen (15) days of the receipt of the application by the Commission. In the absence of said recommendations the appointed officer shall grant or deny said application in accordance with this section.
c. 
All approved tree removal and land disturbance permits not issued in conjunction with subdivision, site plan approval and/or building permit shall expire at the end of six (6) months from the date of issuance unless extended on application for an additional six (6) month period.
d. 
An environmental impact assessment pursuant to the Zoning and Subdivision Ordinance may be required on any application for tree removal or land disturbance, with or without a building permit.
[1999 Code § 15.32.340]
The appointed officer may require Performance Bonds according to size and nature of projects to be administered by the Township according to this section for preservation of trees, control of erosion and sedimentation, and disposal of topsoil.
[1999 Code § 15.32.350]
a. 
The Township shall provide for inspection of projects involving preservation of trees and control of soil erosion, sedimentation, and disposal of topsoil. To this end, the Township may enter into working agreements with the Soil Conservation District for sharing in the inspections of projects certified by the District. All other projects for which conservation permits are required according to this section shall be made subject to inspections by the Township at any time. The inspector shall certify that installation and practices are or are not in compliance with performance principles and standards prescribed by this section and with any specific requirements that have been stated as conditions of approval of the application. With projects for which Performance Guarantees have been posted, the applicant shall be required to have a certified plan and permit on site during construction or other operations and to show the same to any agency or agent of the Township or the Soil Conservation District whenever requested to do so.
b. 
The Appointed Officer may issue a stop operations order if a project is not being executed in accordance with the certified plan, whether that plan is one certified and administered by the Soil Conservation District or one administered wholly by the Township. This provision is in accordance with the State Soil Erosion and Sediment Act, N.J.S.A. 4:24-39 et seq.
c. 
As stated in Section 11 of the State Soil Erosion and Sediment Act, no certificate of occupancy for a building shall be issued by the Township unless there has been compliance with the provisions of a certified plan for permanent measures to control soil erosion and sedimentation in accordance with this section. A formal report of such compliance must be filed with the municipal agent authorized to issue certificates of occupancy, and a copy of the report shall be sent to the Soil Conservation District.
d. 
The Township may, within thirty (30) days after date of a report of such compliance, release in whole or in part any Performance Bond it is holding, depending upon the Township's assessment of need to withhold all or a portion of the bond to assure full compliance with requirements and adequate maintenance of the facilities.
[1999 Code § 15.32.360]
a. 
With a Building Permit, Subdivision or Site Plan Approval:
1. 
For all applications to be certified by the Soil Conservation District:
(a) 
The fee required by the District shall be paid, which fee shall be paid directly to the District unless, by a special working agreement between the District and the Township, the Township would receive said fee on behalf of the District.
(b) 
Also an additional Township fee may be required for Township participation with the District in enforcing this section, the amount of said fee to be determined.
2. 
With a Building Permit but not for Certification by the Soil Conservation District: ten ($10.00) dollars.
3. 
Without a Building Permit, Subdivision or Site Plan Approval - Fifty ($50.00) dollars for one (1) acre; ten ($10.00) dollars for every acre over one (1) acre and up to and including twenty (20) acres; five ($5.00) dollars for every acre and fraction thereof over twenty (20) acres.
[1999 Code § 15.32.370]
Whenever the appointed officer shall deny any application for a permit, the applicant may appeal the denial to the Township Council by filing a written notice of appeal with the Township Clerk within ten (10) days after receiving written notice of the denial of such application. The Township Council shall thereafter hold a public hearing on the matter in accordance with rules or procedures to be established by the Township Council and may modify, affirm or reverse the decision of the appointed officer.
[1999 Code § 15.32.380]
Any person, partnership, association, organization, company, firm, corporation, industry, public agency, legal entity, or other party violating or causing to be violated any of the provisions of this section, shall, upon conviction, be liable to the penalty stated in Chapter I, Section 1-5 for each violation of this section. Each and every day such violation continues shall be considered a separate and distinct violation.
Violations subject to the jurisdiction of the Soil Conservation District will be subject to such penalties as the District might levy.
[1999 Code § 15.32.390]
Each application for tree removal or land disturbance permit shall be deemed to be authorization by the applicant for the appointed officer, the Township Engineer, the Environmental Commission, the Department of Planning and Zoning, the Soil Conservation District, and the Bureau of Forestry of the State, or a representative of any one of them, to enter upon the land referred to in the application for inspections contemplated by this section, for both consideration of approval and review of operations if approval is granted. If the applicant is not the owner of the land, said applicant shall furnish with the application a sworn authorization from the owner for such entry.