[1972 Code § 18A-1.1]
This Article shall be known as the "Piscataway Township Soil
Erosion and Sediment Control Ordinance."
[1972 Code § 18A-1.2]
The purpose of this Article, is to control soil erosion sediment
damage 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.
[1972 Code § 18A-2.1]
For the purpose of this Article certain rules of word usage
apply to the text as follows:
a.
Words used in the present tense include the future tense; and the
singular includes the plural, unless the context clearly indicates
the contrary.
b.
The term "shall" is always mandatory and not discretionary; the word
"may" is permissive.
c.
The word or term not interpreted or defined by this section shall
be used with a meaning of common or standard utilization.
[1972 Code § 18A-2]
The following definitions shall apply in the interpretation
and enforcement of this Article, unless otherwise specifically stated:
Shall mean a person, partnership, corporation or public agency
requesting permission to engage in land disturbance activity.
Shall mean a sediment-producing, highly erodible or severely
eroded area.
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 in place
and aid in establishing plant cover.
Shall mean a certificate issued to perform work under this
Article.
Shall mean solid material, both mineral and organic, that
is in suspension, is being transported or has been moved from its
site or origin by air, water or gravity as a product of erosion.
Shall mean a barrier or dam built at suitable locations 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 N.J.S.A. 4:24-17.1 et seq.
Shall mean 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 N.J.S.A. 4:24-2.1 et seq.
Shall mean any activity which significantly disturbs vegetated
or otherwise stabilized soil surface, including clearing and grubbing
operations.
[1972 Code § 18A-3.1]
No land area shall be disturbed by any person, partnership, corporation, municipal corporation or other public agency within this municipality 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 the standards, and such plan has been approved and a valid land disturbance permit has been issued by the Township Engineer, except as exempted by Section 26-29.
[1972 Code § 18A-3.2]
The applicant must submit a separate soil erosion and sediment
control for each noncontiguous site. The applicant may consult with
the Freehold Soil Conservation District in the selection of appropriate
erosion and sediment control measures and the development of the plan.
Such plan shall contain:
a.
Location and description of existing natural and man-made features
on and surrounding the site, including general topography and soil
characteristics and a copy of the soil conservation district soil
survey.
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. The standards shall be on file at the offices
of the local soil conservation district and the Township Clerk.
d.
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.
e.
All proposed revisions of data required shall be submitted for approval.
[1972 Code § 18A-3.3]
a.
Soil erosion and sediment control plans shall be reviewed by the
Township Engineer or his designee and approved when in conformance
with the Standards for Erosion and Sediment Control.
b.
Such review and approval shall be made within a period of 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 30 days. Failure of the municipality
to make a decision with such period or such extension thereof shall
constitute certification. An approval shall expire three years from
the date of certification.
c.
The applicant shall be provided with written notice of such decision
by the Township Engineer or his designee or other authorized municipal
agent. 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 Freehold Soil Conservation District. The municipality
shall also make available such other information as may be required
by the district.
d.
The Township Engineer or his designee may seek the assistance of
the Freehold 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.
[1972 Code § 18A-4.1]
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:
a.
Stripping of vegetation, 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.
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 development
or disturbance. Such provisions shall be in addition to all existing
requirements.
f.
Water runoff shall be minimized and retained on site wherever possible
to facilitate groundwater recharge.
g.
Sediment shall be retained on 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.
[1972 Code § 18A-4.2]
All necessary soil erosion and sediment control measures installed
under this chapter 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 or his designee.
The Township Engineer or his designee shall, upon request, give the
applicant a certificate indicating the date on which the measures
called for in the approved plans were completed.
[1972 Code § 18A-4.3; Ord. No.
03-03; Ord. No. 12-22]
All fees for soil erosion and sediment control permits and such
additional related fees shall be as set forth by the Freehold Soil
Conservation District of New Jersey current fee schedule. The fee
schedule may be found on file in the Township offices.
[1972 Code § 18A-4.4]
Any person, persons or legal entity who shall disturb any land
area other than in accordance with an approved soil erosion and sediment
control plan; or who, having commenced the disturbance of any land
area in accordance with such approved plan, shall fail to complete
the same within the time period provided for such plan; or who, being
the owner or in control of land which has been disturbed in accordance
with such approved plan, shall fail to maintain the same according
to the grades approved by the plan or shall fail to maintain all of
the measures, devices and plantings provided for in the plan in effective
condition; or if any person violates any of the provisions of this
act, any standard promulgated pursuant to the provisions of this act
or fails to comply with the provisions of a certified plan, the municipality
or the district may institute a civil action in the Superior Court
for injunctive relief to prohibit and prevent such violation, and
the 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 nor more than
$3,000 to be collected in a summary proceeding pursuant to the Penalty
Enforcement Law (N.J.R.S. 2A:58-1 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. 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 Freehold Soil Conservation District.
The municipality may issue a stop construction order if a project
is not being executed in accordance with a certified plan.
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 soil erosion and sedimentation.
[1972 Code § 18A-4.5]
a.
In addition to any other remedies, the municipality may institute
any appropriate action in a court of competent jurisdiction to enjoin
or abate any violation of this Article.
b.
Where the land is disturbed in violation of this Article and is part
of land upon which a building or buildings are in the course of construction
or are about to be constructed or about to be occupied, and if the
safety, public health, convenience and general welfare of the community
would not be adequately protected if any such building were permitted
to be constructed, completed or occupied while such violation continues,
then, and in any such instance, the Construction Official may, upon
report of the Township Engineer or his designee as to such violation,
refuse to issue a building permit for such buildings, stop the work
upon any such buildings for which a building permit has been issued
or refuse to issue a certificate of occupancy for any such buildings.
[1972 Code § 18A-5]
The following activities are specifically exempted from this
Article:
[1972 Code § 18A-6]
The requirements of this Article shall be enforced by the Township Engineer or his designee, who shall also inspect or require adequate inspection of the work. If the Township Engineer or his designee 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 subsections 26-28.4 and 26-28.5.
[1972 Code § 18A-7]
Appeals from decisions under this Article may be made to the
Township Council in writing within 10 days from the date of such decision.
The appellant shall be entitled to a hearing before the Township Council
within 30 days from the date of appeal.
