[1975 Code § 106-1]
This chapter shall be known and cited as "The Borough of Island Heights Tree Removal, Soil Erosion and Sediment Control Regulations."
See also Chapter XXVI, Trees.
[1975 Code § 106-2; Ord. No. 2000-05 § 1]
a.
The purpose of this chapter is to control 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 and trees in order to promote the safety, public health, convenience and general welfare of the community.
b.
In an effort to provide uniformity and to avoid confusion in the enforcement of regulations relating to the prevention of soil erosion and sedimentation, the provisions of this chapter shall be implemented by the Ocean County Soil Conservation District on behalf of the Borough.
[1975 Code § 106-3; Ord. No. 78-5 § 1; Ord. No. 2000-05 § 2]
a.
Usage. For the purpose of this chapter certain rules of word usage apply to the text as follows:
1.
The work or term not interpreted or defined shall be used with a meaning of common or standard utilization.
b. APPLICANT APPROVED PLAN CERTIFICATION CRITICAL AREA DISTRICT DISTURBANCE EROSION EROSION AND SEDIMENT CONTROL PLAN EXCAVATION or CUT LAND LAND DISTURBANCE MULCHING PERMIT PLAN SEDIMENT SEDIMENT BASIN SITE SOIL SOIL CONSERVATION DISTRICT STANDARDS STATE SOIL CONSERVATION COMMITTEE STRIPPING TREE
Definitions. As used in this chapter:
shall mean a person, partnership, corporation or public agency requesting permission to engage in a land disturbance activity.
shall mean a plan to control soil erosion and sedimentation which has been certified by the Ocean County Soil Conservation District.
shall mean a written endorsement of a plan for soil erosion and sediment control by the District which indicates that the plan meets the Standards for Soil Erosion and Sediment Control in New Jersey as promulgated by the State Soil Conservation Committee as set forth in this chapter.
shall mean a sediment producing, highly erodible or severely eroded area.
shall mean the Ocean County Soil Conservation District established in accordance with N.J.S.A. 4:24-1 et seq.
shall mean any activity involving the clearing, excavating, storing, grading, filling or transporting of soil or any other activity which causes soil to be exposed to the danger of erosion.
shall mean detachment and movement of soil or rock fragments by water, wind, ice and gravity.
shall mean 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 in accordance with standards as adopted by the State Soil Conservation Committee.
shall mean any act by which soil or rock is cut into, dug, quarried, uncovered, removed, displaced or relocated.
shall mean any ground, soil or earth, including marshes, swamps, drainageways and areas not permanently covered by water, within the municipality.
shall mean any activity involving the clearing, grading, transporting, filling and any other activity which causes land to be exposed to the danger of erosion.
shall mean 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.
shall mean a certificate issued to perform work under this chapter.
shall mean a scheme which indicates land treatment measures, including a schedule of the timing for installation to minimize soil erosion and sedimentation.
shall mean 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.
shall mean a barrier or dam built at a suitable location to retain rock, sand, gravel, silt or other material.
shall mean any plot, parcel or parcels of land.
shall mean all unconsolidated mineral and organic material of any origin.
shall mean a governmental subdivision of this state which encompasses this municipality, organized in accordance with the provisions of Chapter 24, Title 4, New Jersey Statutes Annotated.
shall mean all standards for soil erosion and sediment control in New Jersey as promulgated by the State Soil Conservation Committee.
shall mean an agency of the State established in accordance with the provisions of Chapter 24, Title 4, New Jersey Statutes Annotated.
shall mean any activity which significantly disturbs vegetated or otherwise stabilized soil surface, including clearing and grubbing operations.
shall mean any woody perennial plant having a diameter greater than four (4") inches measured at a point four and one-half (4 1/2') feet above the ground.
Former Section 20-4, Removal of Trees Restricted, containing portions of 1975 Code § 106-4, was repealed in its entirety by Ordinance No. 2011-10. For regulations see Chapter XXVI, Trees.
[1975 Code § 106-5; New; Ord. No. 2000-5 § 3]
a.
No site shall be disturbed by any person, partnership, corporation, special agency or other entity within this municipality unless an application for certification of a soil erosion and sediment control plan has been submitted to the District and such application and plan have been certified by the District, except as hereinafter exempted.
b.
Review and certification of said application shall be made within a period of thirty (30) days of submission of a complete application unless, by mutual agreement, in writing, between the District and the applicant, this period is extended for an additional thirty (30) days. Failure of the District to make a decision within such period or such extension thereof shall constitute certification. The applicant shall be provided with written notice of such decision by the District.
c.
Said application process shall only apply to new construction of a primary structure and shall not be required for any accessory structure or use incidental to the primary structure or use.
[1975 Code § 106-6; Ord. No. 78-5 § 2; New; Ord. No. 2000-5 § 5]
A soil erosion and sediment control plan shall include the following items:
a.
Location and description of existing natural and man-made features on and surrounding the site, including general topography, soil characteristics, wetland locations and a copy of the Soil Conservation Soil Survey, where available.
b.
Location and description of proposed changes to the site.
c.
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. Such Standards shall be on file at the Office of the Municipal Clerk and the Ocean County Soil Conservation District Office.
d.
A schedule of the sequence of installation or application of planned erosion and sediment control measures as related to the progress of the project, including starting and completion dates.
e.
All proposed revisions of data required shall be submitted for approval.
f.
A map showing the contours of the land prior to disturbance and the proposed contours to be created, prepared in accordance with the standard engineering practices now can be completed.
g.
Any and all other information or documentation required by the District in evaluating the plan. Required information is listed in detail on the standard application form approved by the State Soil Conservation Committee.
[1975 Code § 106-7]
All applications for tentative or final major subdivision approval shall be accompanied by an application for land disturbance permit made pursuant to the terms of this chapter. Approval granted for a land disturbance permit shall be conditioned on final approval of the subdivision. No subdivision approval shall be granted without receipt of a land disturbance receipt.
[1975 Code § 106-8; New; Ord. 2000-5 § 4]
a.
Upon determination that all requirements of this chapter have been complied with and upon payment of all fees to be paid hereunder, the District shall review the application and the plan submitted by the applicant and thereafter provide a written notice indicating that:
b.
For purposes of this section, a major revision of the plan by the applicant shall constitute a new submission.
[1975 Code § 106-9; Ord. No. 78-5 § 3; New]
The following regulations and standards shall apply to the tree removal, soil erosion and sediment control plan and activities undertaken pursuant to such plan. Control measures shall be applied to all aspects of the proposed land disturbance and shall be operative during all stages of the disturbance activity. (See also Chapter XXVI, Trees)
a.
Stripping of vegetation and trees, grading or other soil disturbance shall be done in a manner which will minimize soil erosion.
b.
Whenever feasible, natural vegetation shall be retained and protected, pursuant to this chapter.
c.
The extent of the disturbed area and the duration of its exposure shall be kept within practical limits.
d.
Either temporary seeding, mulching or other suitable stabilization measures shall be used to protect exposed critical areas during construction or other land disturbance.
e.
Drainage provisions shall accommodate increased runoff resulting from modified soil and surface conditions during and after the development or disturbance. Such provisions shall be in addition to all existing requirements.
f.
Water runoff shall be minimized and retained on the site whenever possible to facilitate groundwater recharge.
g.
Sediment shall be retained on the site to the maximum extent feasible.
h.
Diversions, sediment basins and similar required structures shall be installed prior to any on-site grading or disturbance.
i.
If the Code Enforcement Official determines that there are insufficient numbers of trees on a plan as a result of the removal of existing trees or the nonexistence of sufficient trees on the subject premises, the Code Enforcement Official may require the planting of a maximum number of five (5) trees on each building lot, which trees shall not be less than three (3") inches in diameter at their base nor less than one (1") inch in diameter at a point four (4') feet above the ground. The applicant is responsible for the replacement of any such planted trees which die within two (2) years of planting. The Code Enforcement Official will have the authority to enforce the implementation of this chapter.
[1975 Code § 106-10]
All necessary tree removals and all soil erosion and sediment control measures installed under this chapter shall be adequately maintained for one (1) 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.
[1975 Code § 106-11; New]
In the event that certain work required under the permit cannot be performed within the time set for completion and is postponed, a cash bond in a form approved by the Borough Attorney in an amount equal to the cost of such uncompleted work may be deposited with the Borough to guarantee performance, which amount shall be determined by the Code Enforcement Official. No such permission to postpone work shall be for a period exceeding six (6) months. Upon failure to complete the work, the Borough shall use the money deposited with the Borough to finish the unfinished portion of the work in accordance with the land disturbance permit. Any unused portion of the moneys deposited shall be returned to the applicant.
[1975 Code § 106-12; New]
Prior to the acceptance of work performed in accordance with the land disturbance permit, the Code Enforcement Official shall obtain a cash maintenance bond from the applicant. Such bond shall be in an amount equal to fifteen (15%) percent of the cost of the work performed by the applicant, as determined by the Code Enforcement Official. Such bond shall guarantee proper maintenance of the disturbed site for the period required by this chapter. Upon expiration of the period of the maintenance bond, the full amount less the costs incurred for maintenance shall be returned to the applicant.
[1975 Code § 106-13; Ord. No. 2005 § 6]
The fees charged shall be in accordance with the fee schedule adopted by the District and approved by the State Soil Conservation Committee and shall bear a reasonable relationship in the cost of rendering such services.
[1975 Code § 106-14; Ord. No. 78-5 § 4; Ord. No. 78-12 § 1; New]
The following activities are specifically exempt from this chapter:
a.
Land disturbance associated with the construction of a single-family dwelling unit not a part of an application for development involving two (2) or more such single-family dwelling units and existing single-family dwellings.
b.
Use of land for purposes of gardening in which the produce is grown primarily for home consumption.
c.
Any tree growing in a public right-of-way.
d.
The cutting of any dead, diseased or other tree that is likely to endanger life or property, which action may be taken without securing a permit under this chapter.
e.
Any tree cut or removed in accordance with a management plan developed by the New Jersey Department of Environmental Protection, Bureau of Forestry or other professional forester, which plan is filed with the Code Enforcement Official duly appointed by the Borough.
[1975 Code § 106-15; Ord. No. 78-5 § 5; Ord. No. 2000-05 § 9]
a.
The requirements of this chapter shall be enforced by the District, which shall also inspect or require adequate inspection of the work. If the District finds existing conditions not as stated in the applicant's tree removal, erosion or sediment control plan, it may refuse to approve further work and may require the necessary removal of trees or the necessary erosion and sediment control measures to be promptly installed and may seek other permanent measures to control soil erosion and sedimentation as determined by the Ocean County Soil Conservation District or other penalties as provided herein.
b.
No certificate of occupancy for a project shall be issued unless there has been compliance with the provisions of a certified plan for permanent measures to control such 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 Ocean County Soil Conservation District. Until such time as the Borough is prepared to administer this section, all approvals will be given by the Ocean County Soil Conservation District in accordance with its procedures.
[1975 Code § 106-16]
Appeals from decisions under this chapter may be made to the Governing Body in writing within ten (10) days from the date of such decision. The appellant shall be entitled to a hearing before the Governing Body within thirty (30) days from the date of appeal.
[1975 Code § 106-17; Ord. No. 78-5 § 6; New; Ord. No. 2000-05 § 7]
Any person violating or failing to comply with any of the provisions of this chapter shall, upon conviction thereof, be punishable in accordance with N.J.S.A. 4:24-53.