This chapter shall be known as the Flemington Borough Soil Erosion
and Sedimentation Control Ordinance.
The general intent of this chapter is to control soil erosion
and sedimentation precipitated by development and caused by water
runoff, soil disturbances, destruction or removal of ground cover
or plant life, and grading and filling.
This chapter is deemed essential and necessary to protect the
public health, safety and welfare of the citizens of the borough of
Flemington and the surrounding communities by accomplishing the following
purposes:
a.
Maintain the useful life of reservoirs by preventing sedimentation.
b.
Prevent dangers to life and property from flooding resulting from
excessive water runoff and clogging of drainage structures.
c.
Preserve the recreational use of water bodies for swimming and fishing
by preventing stagnation.
d.
Enhance the recycling of waste water by maintaining sufficient flows
in streams and rivers to maintain oxygen levels.
e.
Prevent toxic materials, nitrates and pesticides from entering public
water supplies.
f.
Reduce public expenditures for repair of public facilities resulting
from soil erosion and sedimentation.
g.
Conserve the taxable value of property by enhancing the environmental
character of the borough.
A soil erosion and sediment control plan shall be approved by
the planning board prior to the approval of site plan, subdivision,
conditional use, zoning variance, or construction permit involving
more than 2,500 square feet of soil disturbance. A soil disturbance
for crop farming purposes shall be exempt from this chapter providing
farming is carried out in accordance with a farm conservation plan
or soil conservation service land practices.
The soil erosion and sediment control plan or any major amendment
shall be approved by the planning board in the manner and form according
to the regulations hereafter set forth. In the case of subdivisions
such review and approval shall be part of the subdivision review process.
In all other instances review and approval shall be made within 30
days of submission of a complete application unless, by mutual agreement
in writing between the municipality and the applicant, this period
is extended for an additional period. Failure of the
The applicant shall be provided with a written notice of such
decision by the borough engineer. 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 Hunterdon County
Soil Conservation District together with any other information required
by the District.
The planning board in approving said soil erosion and sedimentation
control plan, may impose lawful conditions or requirements designated
or specified on or in condition to the establishment, maintenance
and continuance of any use or occupancy of any structure of land.
Minor amendments to a soil erosion and sediment control plan
may be approved by the borough engineer who shall notify the planning
board of the nature and reason for the change with a copy to the Hunterdon
Soil Conservation District.
a.
Inspection shall be by the borough engineer during construction and
the applicant shall be required to have a certified plan on site during
construction.
b.
The municipality may issue a stop construction order if a project
is not being executed in compliance with the certified plan.
c.
No certificate of occupancy shall be issued unless there has been
compliance with the provisions of the certified plan for permanent
measures to control soil erosion and sedimentation. A formal report
of such compliance shall be filed with the construction official with
a copy to the Hunterdon County Soil Conservation District.
In the preparation of a soil erosion and sediment control plan,
the following general principles of design shall be adhered to:
a.
The smallest practical area of land shall be exposed at any one time
during development and when feasible, natural vegetation shall be
retained and protected.
b.
Temporary plant cover and/or mulching shall be used to protect critical
erosion areas during development.
c.
Temporary diversions and outlets shall be constructed and/or installed
to accommodate the increased runoff caused by the changed soil and
surface conditions during development.
d.
Sediment basins, debris basins, desilating basins or silt traps shall
be installed to remove sediment from runoff waters.
e.
Permanent final plant cover - lawn, ground cover, etc., shall be
installed as quickly as possible on any site.
f.
Permanent improvements, such as roads, catch basins, curbs, etc.,
shall be installed or constructed and completed as quickly as possible.
The detailed plans, specifications and standards in any soil
erosion and sedimentation control plan shall be dictated by the characteristics
of the site plan to be developed and the nature of the development.
All such plans shall utilize the "Standards for Soil Erosion and Sediment
Control in New Jersey as promulgated by the State Soil Conservation
Committee."
The planning board shall require the construction and/or installation
of improvements of such other measures necessary to prevent soil erosion
and sedimentation prior to any site development work or the start
of construction.
Improvements or such other measures on an approved soil erosion
and sedimentation control plan which may be required subsequent to
the start of construction or site development work may be deferred
until such appropriate time as when required. The planning board may
provide for the posting of performance guarantees and maintenance
bonds in the same manner as provided in the Subdivision Ordinance
of the Borough of Flemington.
The planning board may refer soil erosion and sediment control
plans to the Hunterdon County Soil Conservation District or such other
local, county, State or Federal agency as may be particularly qualified
to review said plan.
In the event land is proposed to be cleared, graded, transported or otherwise disturbed, except for crop farming as defined in subsection 13-2.1, where subdivision approval or building permit is not required, a grading permit shall be required. Said permit shall be issued by the borough engineer after the borough engineer's approval of a soil erosion and sediment control plan. The borough engineer may waive the requirement for grading permit if, in his opinion, no apparent danger exists from soil erosion or sedimentation.
The following definitions shall apply in the interpretation
and enforcement of this chapter, unless otherwise specifically stated:
Shall mean a portion of land surface area from which earth
has been removed or will be removed by excavation; the depth below
original ground surface to excavated surface.
Shall mean a channel with or without a supporting ridge on
the lower side constructed across or at the bottom of a slope.
Shall mean a man-made deposit of soil, rock or other materials.
Shall mean the wearing away of the land surface by the action
of wind, water or gravity.
See Cut.
Shall mean the vertical location of the existing ground surface
prior to cutting or filling.
See Embankment.
Shall mean the final elevation of the ground surface conforming
to the proposed design.
Shall mean any stripping, cutting, filling, stockpiling,
or any combination thereof and shall include the land in its cut or
filled condition.
Shall mean a permit issued to authorize work to be performed
under this chapter in situations not requiring subdivision approval
or site plan approval.
Shall mean a natural or constructed path, usually broad and
shallow, covered with erosion-resistant grasses, used to conduct surface
water from a field, diversion or other site feature.
Shall mean the application of plant or other stable materials
on the soil surface to conserve moisture, hold soil in place, and
aid in establishing plant cover.
Shall mean the ground surface in its original state before
grading, excavating or filling.
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 across a waterway or at
other suitable locations to retain rock, sand, gravel, or silt or
other material.
Shall mean the reservoir space allotted to the accumulation
of submerged sediment during the life of the structure.
Shall mean the degree of deviation of a surface from the
horizontal usually expressed in percent or degree.
Shall mean all unconsolidated mineral and organic material
or whatever origin that overlies bedrock and which can be readily
excavated.
Shall mean a plan developed in accordance with the broad
principles contained in this chapter and based on the specific standards
and specifications of the "Standards for Soil Erosion and Sediment
Control in New Jersey as Promulgated by the State Soil Conservation
Committee."
Shall mean any activity which removes or disturbs the vegetative
surface cover including cleaning or grubbing operations.
Shall mean stabilizations of erosive or sediment producing
area.
Shall mean stabilization of erosive or sediment-producing
areas by covering the soil with:
Shall mean any artificial or natural waterway, stream, river,
creek, ditch, channel, canal, conduit, culvert, drain, waterway, gully,
ravine or wash in which water flows in a definite direction or course,
either continuously or intermittently, and which has a definite channel,
bed and banks, and shall include any area adjacent thereto subject
to inundation by reason of overflow or flood water.
If any applicant fails to comply with the provisions of a certified
plan, the municipality may institute a civil action in Superior Court
for adjunctive 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 act, any standard promulgated pursuant
to this act or fails to comply with the provisions of a certified
plan shall be liable to a penalty of not less than $25.00 nor more
than $3,000.00 to be collected in a summary proceeding pursuant to
the Penalty Enforcement Law (N.J.S. 2A:58-1 et seq.).
If the violation is of a continuing nature, each day during
which it continues shall constitute an additional separate and distinct
offense.
