[Editor's Note: The title of former Ch. 14, Soil and Soil Removal,
was amended 4-18-2024 by Ord. No. 24-1723.]
[Ord. #78-348, S 1]
a.
Title. This section shall be known as the "Soil Erosion and Sediment
Control Ordinance of the Township of Montgomery".
b.
Purpose. The purpose of this section 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 in order to promote the safety, public health,
convenience and general welfare of the community.
[Ord. #78-348, S2; Ord. #87-550, S 1]
As used in this section:
Shall mean a person, corporation, partnership, public utility,
public or quasi-public agency requesting permission to engage in land
disturbance activity.
Shall mean either (1) a written endorsement of a plan for
soil erosion and sediment control by the Somerset-Union Soil Conservation
District which indicates that the plan meets the standards promulgated
by the State Soil Conservation Committee pursuant to Chapter 251,
P.L. 1975, or (2) that the time allotted for such approval in Section
7 of said Act has been expired without action by the District.
Shall mean those areas defined in subsection 16-6.4a of this Code.
Shall mean detachment and movement of soil or rock fragments
by water, wind, ice or 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 adopted by the Soil
Conservation Committee of the Department of Agriculture, State of
New Jersey.
Shall mean any act by which soil or rock is cut into, dug,
quarried, uncovered, removed, displaced or relocated.
Shall mean a plan which provides for the use of land with
its capabilities and treatment, within practical limits, according
to chosen use to prevent further deterioration of soil and water resources.
Shall mean the floodway and additional portions of the floodplain
that are subject to flood flow at lesser depths and lower velocities
than the floodway and that are inundated by the flood hazard area
designed flood.
Shall mean any ground, soil or earth, including marshes,
swamps, drainage-ways and areas not permanently covered by water within
the Township.
Shall mean any activity involving the clearing, grading,
transporting, storing or filling of land and, in addition, any other
activity which causes land to be exposed to the danger of erosion.
Shall mean any parcel of land separated from other parcels
or portions as by a lawful subdivision or a deed of record, survey
map or by metes and bounds description.
Shall mean delineation of flood hazard areas in Montgomery
Township as set forth in N.J.A.C. 7:13-7.1 and as amended from time
to time; United States, Department of Army Corps of Engineers, Rocky
Hill Quadrangle and Monmouth Junction Quadrangle, 1954 Series-v822AMS
- 6041 -I - NE; Department of Housing and Urban Development, Federal
Insurance Administration Flood Hazard Boundary Maps of Township of
Montgomery, N.J.
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 or other
activity under this ordinance.
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 suitable locations to
retain rock, sand, gravel, silt or other material.
Shall mean any plot, parcel or parcels of land.
Shall mean all unconsolidated material and organic material
of any origin.
Shall mean an agency of the State of New Jersey, Department
of Agriculture, established in accordance with the provisions of Chapter
24, Title 4, of the New Jersey Revised Statutes.
Shall mean Somerset-Union Conservation District organized
in accordance with the provisions of Chapter 24, Title 4, of the New
Jersey Revised Statutes.
Shall mean and shall be defined in Standards for Soil Erosion
and Sedimentation Control in New Jersey, as promulgated by the State
Soil Conservation Committee.
Shall mean any natural or artificial watercourse, 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
and shall include an area adjacent thereto subject to inundation by
reason of overflow of flood water.
Shall mean any activity which significantly disturbs vegetated
or otherwise stabilized soil surface, including clearing and grubbing
operations.
[Ord. #78-348, S 3; Ord. #87-550, S 1]
a.
No land area shall be disturbed by any person, corporation, partnership,
public utility, public or quasi-public agency within the Township
of Montgomery unless the applicant has obtained either:
b.
Source of Approval.
1.
Cases where certification by Somerset-Union Soil Conservation District
necessary. Certification of a plan for soil erosion and sediment control
must be obtained from the Somerset-Union Soil Conservation District
in cases where the applicant seeks to develop land and where such
development will cause the disturbance of more than 5,000 square feet
of the surface area of land for the accommodation of construction
for which the construction subcode promulgated under the Uniform Construction
Code Act of the State of New Jersey would require a building permit,
except that the construction of a single-family dwelling unit shall
not require such certification unless such construction is part of
a proposed subdivision, site plan, conditional use, zoning variance,
planned unit development or building permit application involving
two or more such single-family dwelling units. In this connection,
no site plan, preliminary plan, conditional use, or variance shall
be submitted to the Planning Board of the Township of Montgomery or
to the Board of Adjustment of the Township of Montgomery pursuant
to the Municipal Land Use Law (Chapter 291, Laws of N.J. 1975) as
implemented by Montgomery Township Ordinances, unless such applications
include a plan for soil erosion and sediment control as certified
to and approved by the Somerset-Union Soil Conservation District.
Until such certification has been obtained, applications for development
as referred to above shall be deemed incomplete.
2.
Cases where applicant shall obtain soil disturbance permit from Township of Montgomery. Except as provided in subsection 14-1.11 (Exceptions) no land area shall be disturbed unless the applicant has obtained from the enforcement officer referred to in subsection 14-1.10, a land disturbance permit and has fully complied with the requirements of this section.
[Ord. #78-348, S 4; Ord. #87-550, S 1]
The applicant must submit a separate soil erosion and sediment control plan for each contiguous site whether the application is directed to the Somerset-Union Soil Conservation District as provided in subsection 14-1.3 a, 1 or to the local enforcement officer as provided in subsection 14-1.3 a, 2. The applicant may, in any case, consult with the Somerset-Union Soil Conservation District in the selection of appropriate erosion and sediment control measures and the development of the plan. Where the application is directed to the Somerset-Union Soil Conservation District pursuant to subsection 14-1.3, a, 1, the applicant shall simultaneously with the filing of the application, submit a copy of the application to the local enforcement officer for his review and comment.
a.
Unless otherwise prescribed by the Somerset-Union Soil Conservation
District pursuant to N.J.S.A. 4:24-39 et seq., such plans shall include
the following:
1.
Location and description of existing natural and manmade features
on and surrounding the site including general topography and soil
characteristics and a copy of the pertinent sheets of the County Soil
Conservation District Soil Survey.
2.
Location and description of proposed changes to the site. Appropriate
contour maps shall be submitted showing existing and proposed contours
of the area from which the material is to be removed.
3.
Measures for soil erosion and sediment control 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 Somerset-Union Soil Conservation
District and on file with the Township Engineer.
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.
5.
The impact of the proposed disturbance to all adjacent properties,
both during and after the development or disturbance.
6.
A map showing the contours of the land at two foot intervals prior
to the disturbance and the proposed contours to be created, prepared
in accordance with standard engineering practices.
7.
Complete construction detailing of all erosion control measures.
b.
All proposed revisions of data required shall be submitted to the
appropriate approving authority.
[Ord. #78-348, S 5]
a.
Erosion and sediment control plans with regard to the disturbance of land referred to in subsection 14-1.3a1 shall be submitted directly to the Somerset-Union Soil Conservation District and shall be processed in accordance with N.J.S.A. 4:24-39 et seq.
b.
Applications for the disturbance of land other than those referred to in paragraph a above and in subsection 14-1.11 (Exceptions) shall be reviewed by the enforcement officer hereunder and approved by that officer when in conformance with the "Standards for Soil Erosion and Sediment Control in New Jersey" as promulgated by the State Soil Conservation Committee.
c.
The Montgomery Township enforcement officer shall review applications
submitted to him and shall grant or deny certification within a period
of 30 days of submission of a complete application unless, by mutual
agreement in writing between the Township and the applicant, the period
of 30 days shall be extended for an additional period of 30 days.
Failure to grant or deny certification within such period or such
extension thereof shall constitute certification. For the purposes
of this section, a major revision of the plan of the applicant shall
constitute a new submission. Written notice of the decision of the
enforcement officer shall be provided to the applicant. A copy of
this decision with other required information shall be sent to the
Somerset-Union Soil Conservation District. Such decision shall include:
street address, lot and block number and proposed land use and such
other information as the District may, from time to time require.
The enforcement officer may seek the assistance of the Somerset-Union
Soil Conservation District in the review of plans submitted to him.
[Ord. #78-348, S 6; Ord. #87-550, S 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, soil storage or stock piling 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 as specified in "Standards for
Soil Erosion and Sediment Control in New Jersey" as promulgated by
the State Soil Conservation Committee.
d.
Either temporary seeding, mulching or other suitable stabilization
measures shall be used to protect exposed critical areas during construction
or other land disturbance. Temporary measures will be required if
permanent measures will not be completed within 30 days.
e.
Drainage provisions shall accommodate increased run-off, resulting
from modified soil and surface conditions, during and after development
or disturbance. Such provision shall be in addition to all existing
requirements.
f.
Water run-off shall be minimized and retained on the site wherever
possible to facilitate ground water recharge.
g.
Sediments 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.
[Ord. #78-348, S 7]
All necessary soil erosion and sediment control measures installed
pursuant to certified plans or soil disturbance permits shall be adequately
maintained for one year after completion of the approved plan or until
such measures are permanently stabilized as determined by the enforcement
officer. The enforcement officer shall give the applicant, upon request,
a certificate indicating the date on which the measures called for
in the approved plans were completed. It shall be the duty of the
person, persons or legal entity, from time to time owning or controlling
the land which has been disturbed, in accordance with an approved
soil erosion sediment control plan or land disturbance permit to adequately
maintain the same according to the grades approved by said plan and
maintain all other measures, devices and plantings provided for in
said plan in good and effective condition.
[Ord. #78-348, S 8; Ord. #87-550, S 1]
In the event that work required under the land disturbance permit
or certified plan cannot be performed within the time set for completion
and is postponed, a cash bond in the form approved by the Township
Attorney, in an amount equal to the cost of the uncompleted work,
shall be deposited with the Treasurer of the Township of Montgomery,
to guarantee performance, in an amount which shall be determined by
the enforcement officer. Upon failure to complete the work, the Township
of Montgomery shall use the money deposited with the Treasurer to
finish the incomplete portion of the work in accordance with the land
disturbance permit or certified plan. Any unused portion of moneys
deposited shall be returned to the applicant.
[Ord. #78-348, S 9; Ord. #87-550, S 1]
The applicant shall pay directly to the Somerset-Union Soil
Conservation District the required fee in cases where this section
requires certification of a plan for soil erosion by the Somerset-Union
Soil Conservation District. In cases where the applicant must obtain
a soil disturbance permit from the Township of Montgomery the applicant
shall pay a fee of $100 at the time of the filing of his application.
[Ord. #78-348, S 10; Ord. #87-550, S 1]
a.
Enforcement Officer. The Township Engineer of the Township is hereby
designated as the enforcement officer with respect to the provisions
of this section.
b.
Such officer shall inspect the site during its preparation and development
and certify that all control planned measures have been constructed
in accordance with the provisions of the applicant's approved plan
under this section.
c.
The enforcement officer shall issue a stop construction order if
a project is not being executed in accordance with a certified plan.
In addition, in the event of a violation, the Township may, through
its authorized representatives, pursue the remedies set forth in N.J.S.A.
4:24-53.
d.
The applicant, owner or individual in control of the site shall have,
in his possession, a certified plan on site during construction.
e.
A certificate of occupancy shall not be issued unless there has been
compliance with the provisions of the certified plan of land disturbance
permit for permanent measures to control soil erosion and sedimentation.
A formal report of such compliance shall be filed with the municipal
agent authorized to issue certificates of occupancy. A copy of this
report shall likewise be forwarded to the Somerset-Union Soil Conservation
District.
[Ord. #78-348, S 11]
The following activities are specifically exempt from this Chapter:
a.
Agricultural use of lands when operated in accordance with a farm
conservation plan approved by the Somerset-Union Conservation District
or when no determination has been made by the Soil Conservation District
that such use will cause excessive erosion or sedimentation.
b.
Land disturbances involving 1,500 square feet or less.
c.
Land disturbances associated with a new or existing single-family
dwelling on an existing lot, unless the average slope of the area
to be disturbed equals or exceeds 10%, or if the area to be disturbed
is within 25 feet of any of the following:
d.
Use of land for gardening primarily for home consumption.
[Ord. #87-550, S 1]
All lots where fill material is deposited shall have clean fill
and/or topsoil deposited which shall be graded to allow complete surface
draining of the lot into local storm sewer systems or existing natural
drainage courses. No regrading of a lot shall be permitted which would
create or aggravate stagnation or a drainage problem on site or on
adjacent properties or which will violate this chapter. Grading shall
be limited to areas shown on a plan approved pursuant to this chapter
or an approved site plan or subdivision. Any topsoil disturbed during
approved excavation and grading operations shall be redistributed
throughout the site. The requirements of this subsection shall be
enforced by the Township and shall be in addition to the requirements
for soil erosion and sediment control prescribed by the Soil Conservation
District. In any project or site where the requirements of this section
are in conflict with District requirements or the Standards promulgated
by the State Soil Conservation Committee, the latter requirements
shall apply.
[Ord. #78-348, S 12; Ord. #87-550, S 1]
Appeals from decisions made by representatives of the Township
of Montgomery hereunder may be made to the Township Committee in writing
within 10 days from the date of such decision. The appellant shall
be entitled to a hearing before the Township Committee within 30 days
from the date of the appeal. The Township Committee may thereafter
reverse, modify or affirm the decision in question. Notification of
the decision shall be sent to the Appellant in writing within 10 days
of the hearing.
[Ord. #78-348, S 14; New; Ord. #87-550, S 1]
Any person, who shall disturb any land area other than in accordance with an approved soil erosion and sedimentation control plan or plan disturbance permit; or, having commenced the disturbance of any land area in accordance with such approval, shall fail to complete the same; or, 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 said plan, or shall fail to maintain all of the measures, devices and plantings provided for in said plan in effective conditions; shall hereby be guilty of a violation of this section and, upon conviction, shall be liable to the penalty stated in Chapter 1, section 1-5.
[Ord. #78-348, S 15; Ord. #87-550, S 1]
Subsequent amendments to this section shall not be effective
unless approved by the State Soil Conservation Committee.
(RESERVED)
[Added 4-18-2024 by Ord. No. 24-1723]
[Former § 14-3, Clearing and Removal of Trees, was
repealed 4-18-2024 by Ord. No. 24-1723. Prior history includes Ord. No.
98-939 and Ord. No. 09-1341.]
[Added 4-18-2024 by Ord. No. 24-1723]
The purpose of this section is to establish requirements for
tree removal and replacement in Montgomery Township; prevent indiscriminate
tree removal, injury, or destruction; establish penalties for noncompliance;
to reduce soil erosion and pollutant runoff, promote infiltration
of rainwater into the soil; protect the environment, public health,
safety, and welfare; further the Township of Montgomery's Master
Plan goal that states "conservation of existing and natural resources
should be an integral part of the planning process, with special attention
to the constraints on environmentally critical and sensitive areas."
[Added 4-18-2024 by Ord. No. 24-1723]
As used in this section, the following terms, phrases, words,
and their derivations shall have the meanings stated herein unless
their use in the text clearly demonstrates a different meaning. When
consistent with the context, words used in the present tense include
the future, words used in the plural number include the singular number,
and words used in the singular number include the plural number. The
use of the word "shall" means the requirement is always mandatory
and not merely directory.
Any "person," as defined below, that is the landowner, agent,
optionee, contract purchaser or other person authorized in writing
to act for the landowner submitting an application under this chapter.
The Montgomery Township Planning Board and/or Zoning Board
of Adjustment, unless otherwise specified.
A combination of materials to form a construction adapted
to permanent, temporary or continuous occupancy and having a roof.
The diameter of a tree trunk measured in inches at a point
six inches above natural grade for trees with trunks four inches or
less in diameter, and at a point 12 inches above natural grade for
trees with trunks greater than four inches in diameter. This measurement
is a nursery term used to determine the tree size for proposed planting.
The division of a parcel of land into two or more parcels; the
construction, reconstruction, conversion, structural alteration, relocation
or enlargement of any building or structure; any mining excavation
or landfill; and any use or change in the use of any building or other
structure, or land or extension of use of land, by any person, for
which permission is required under the Municipal Land Use Law, N.J.S.A.
40:55D-1 et seq.
In the case of development of agricultural lands, development
means any activity that requires a state permit, any activity reviewed
by the County Agriculture Development Board (CADB) and the State Agriculture
Development Committee (SADC), and municipal review of any activity
not exempted by the Right to Farm Act, N.J.S.A. 4:1C-1 et seq.
The diameter of the trunk of an existing tree generally measured
at a point 4 1/2 feet above ground level from the uphill side
of the tree.
The placement or reconstruction of lot coverage, impervious
surface or motor vehicle surface, or exposure and/or movement of soil
or bedrock, any activity involving clearing, cutting, removing vegetation,
grading, transporting, storing or filling of land, development, and
any other activity which causes land to be exposed to the danger of
erosion.
The outermost limits of tree branches depicted as a line
on the ground. When the outer limits of the branches are unclear,
the drip line shall be presumed to be located 1 1/2 feet from
the center of the trunk of a tree for each inch of the trunk DBH.
The Montgomery Township Engineer or their designee.
A retail business of which the principal sales are garden
and landscaping related products.
A plant reproducing outside its native range and outside
cultivation that disrupts naturally occurring native plant communities
by altering structure, composition, natural processes or habitat quality.
Invasive plants are those plants recognized by the New Jersey Department
of Environmental Protection Appendix to Policy Directive 2004-2 Invasive
Non-Indigenous Plant Species, October 2004 or the latest directive
emanating from NJDEP Appendix to Policy Directive 2004-2, and those
on the most recent New Jersey Invasive Species Strike Team "Do Not
Plant List."
See subsection 16-5.2.
Appropriate indigenous vegetation found in the natural community
that is suited to the soil, topography, and hydrology of a particular
site.
An individual, resident, partnership, corporation, company,
firm, association, agency, or any other entity recognized by law,
including its agents or employees.
A combination of materials to form a construction for occupancy,
use or ornamentation, whether installed on, above, or below the surface
of a parcel of land, including but not limited to, buildings, fences,
standards, signs, towers, tanks, swimming pools and tennis courts,
and excluding on-site wastewater treatment and disposal systems.
PRINCIPAL BUILDING OR STRUCTUREA building or structure which is the main or primary building or structure on the lot.
ACCESSORY BUILDING OR STRUCTUREA building or structure which is customarily associated with and is subordinate and incidental to the principal building or structure, and which is located on the same lot therewith, including, but not limited to, garages, carports, barns, decks, kennels, sheds, non-portable swimming pools, guest houses and all roofed structures. Any accessory building attached to the principal building shall be considered part of the principal building.
A woody perennial plant, typically having a single stem or
trunk growing to a considerable height and bearing lateral branches
at some distance from the ground.
PROBLEM TREEAny tree, limb or portion thereof, that is dead or dying, as a result of natural causes, including storms, and is hazardous or threatens public health, safety, and welfare. This does not include voluntary removal for construction projects, including, but not limited to, solar panels, additions, decks/patios, etc.
REPLACEMENT TREEReplacement tree nursery stock shall adhere to the current ANSI American Standard for Nursery Stock. A deciduous tree shall measure at least 1.5 inches in caliper measured six inches above the ground, and an evergreen tree shall measure at least six feet in height measured from the ground.
STREET TREEA tree planted within the public right-of-way or within 25 feet of the edge of a roadway. Street trees shall be deciduous and shall measure at least 1.5 inches in caliper measured six inches above the ground.
TREE OF SIGNIFICANCEAny tree that is recognized by the municipal governing body as being of significance due to its size, unique value, age, rarity, or the aesthetic, botanical, ecological, and historical value.
The area within the dripline of a tree, as the term is defined
herein.
A tree farm and/or wholesale grower of deciduous and evergreen
trees.
To kill or to cause irreparable damage that leads to the
decline and/or death of a tree. This includes, but is not limited
to, excessive or improper pruning, application of substances that
are toxic to the tree, and improper grading and/or soil compaction
within the Tree and Soil Protection Zone that leads to the decline
and/or death of a tree. Removal does not include responsible pruning
and maintenance of a tree, or the application of tree treatments intended
to manage disease, insects, fungi, Invasive Plant Species, or other
damaging factors.
A fund established for the administration, planting, maintenance, and other miscellaneous costs associated with the installation of trees, shrubs, or green infrastructure on public rights-of-way and public property in the Township. See subsection 14-3.13.
Managed or unmanaged areas, groves or stands of trees, i.e.,
greater than six inches DBH covering an area greater than 1/4 acre;
or groves of mature trees greater than 12 inches DBH consisting of
more than 10 individual trees within an area of 1/2 acre.
[Added 4-18-2024 by Ord. No. 24-1723]
a.
Any person who desires to remove tree(s) shall first submit a tree
removal application to the Enforcement Officer.
b.
A permit shall be required for tree removal and replacement as a
standalone permit, or a separate permit required prior to issuance
of a zoning, building, construction, health, or other municipal permit.
c.
All applications to the Planning Board or Zoning Board of Adjustment
including but not limited to major subdivisions, minor subdivisions,
site plans, or variances involving tree removal shall be required
to obtain a permit for tree removal and replacement.
[Added 4-18-2024 by Ord. No. 24-1723]
a.
No person shall remove a tree in the Township of Montgomery without
obtaining a tree removal authorization from the Enforcement Officer.
Removing any tree within critical areas, conservation easements, or
conservation deed restricted areas is prohibited unless determined
by the Enforcement Officer to be necessary for public health and safety.
b.
No person shall remove a street tree unless approved by the Enforcement
Officer.
[Added 4-18-2024 by Ord. No. 24-1723]
a.
The Enforcement Officer may exempt a tree or trees from the replacement
requirements of this section when:
1.
The removal or clearing is on property subject to an approved forest
stewardship or woodland management plan pursuant to the Farmland Assessment
Act of 1964, P.L. 1964, c. 48, or on property used as a garden center
or tree nursery.
2.
The removal or clearing is on property located within the airport
hazard area established pursuant to the New Jersey Air Safety and
Zoning Act of 1983, P.L. 1983, c. 260.
3.
Problem trees that cannot be remedied by pruning; provided, however,
that:
4.
Removal of tree(s) within 50 feet of a principal structure. Distance
shall be measured from the outer edge of the trunk of the tree to
the closest point in the structure.
5.
Removal of trees that is necessary to service, maintain, or ensure
the continued safe use of a lawfully existing accessory structure,
including but not limited to the repair or alteration of an individual
subsurface sewage disposal (septic) system, and/or the replacement
or repair of a water supply. The Enforcement Officer may require written
justification from a certified arborist, licensed landscape architect,
or similarly certified landscaping professional if the applicant proposes
removal of healthy tree(s).
6.
Removal of trees that is necessary to service, maintain, or ensure
the continued safe use of a right-of-way, easement, deed restricted
area, public property, or utility infrastructure by a political subdivision
of this state and any state, interstate or federal agency, or companies
regulated by the New Jersey Board of Public Utilities.
7.
Tree farms with farmland assessment by the Tax Assessor, plant nurseries,
fruit orchards, and garden centers.
8.
Any trees removed pursuant to a New Jersey Department of Environmental
Protection (NJDEP) or U.S. Environmental Protection Agency (EPA) approved
environmental clean-up, or NJDEP approved habitat enhancement plan.
9.
Approved game management practices, as recommended by the State of
New Jersey Department of Environmental Protection, Division of Fish,
Game and Wildlife.
10.
Removal of invasive plant species.
b.
The property owner shall complete a tree removal waiver application
and indicate which category(ies) of the exemptions listed above are
applicable.
[Added 4-18-2024 by Ord. No. 24-1723]
The tree removal application or waiver application for exemptions
required by this section shall include the following:
a.
Completed application on a form prescribed by the Enforcement Officer,
to be filed in the office of the Township Engineer.
b.
Tree removal applications shall include a tree removal and replacement
plan or sketch (if permitted by the Enforcement Officer). The plan
shall include the following information at a minimum:
1.
The plan shall provide for replacing the removed tree(s) in the same or contiguous location(s), and in accordance with the requirements herein. The plan shall require that the applicant replace each removed tree with one or more trees depending on the DBH of the tree(s) removed in accordance with Schedule A, the "Tree Replacement Schedule" and/or Schedule B, the "Replacement Fee in Lieu of Planting" in subsection 14-3.7; and
2.
All trees to be removed with DBH, species, location, total number
of trees, and proposed limits of disturbance on a map of the property;
and
3.
Trees to remain within the limits of disturbance, tree protection
where required pursuant to this section, soil erosion and sediment
control measures (when applicable); and
4.
Replacement trees with caliper and species; and
5.
Trees to be removed that may meet the exemption criteria in this
section. The determination of exemption eligibility will be determined
by the Enforcement Officer during review; and
6.
Location of property lines, easements and deed restrictions, including
but not limited to those for conservation and sight distance purposes,
structures, subsurface disposal system, wells, sewer lines, approximate
location of other underground utilities, overhead utilities, and critical
areas (see 16-6.4); and
7.
Distances between trees and property lines, easements, structures,
and subsurface disposal system; and
8.
Description of the application purpose; and
9.
Site access; and
10.
Plan shall be at a scale and clarity suitable for review by the Enforcement
Officer; and
11.
Such other information as may be deemed necessary by the Enforcement
Officer in order to effectively process and decide such application.
c.
Waiver application for exemptions shall include the following information:
1.
Description of the requested applicable exemption category(-ies);
and
2.
Photos depicting category(-ies) of exemption(s) sought (if applicable),
such as dead/diseased trees, invasives species; and
3.
Online aerial map or survey, plan or map including the following
information:
(a)
All trees to be removed with species and location; and
(b)
If available, location of property lines, easements and deed restrictions, including but not limited to those for conservation and sight distance purposes, structures, subsurface disposal system, wells, sewer lines, airport hazard area, approximate location of other underground utilities, overhead utilities, and critical areas (see subsection 16-6.4); and
4.
If applicable, copy of property owner's woodland management
plan, if not already on file with the Township Tax Assessor's
office; and
5.
Such other information as may be deemed necessary by the Enforcement
Officer in order to effectively process and decide such application.
d.
The holder of a permit shall provide prior notice to the Enforcement
Officer in accordance with the time specified on the permit for any
tree removal and replacement activities.
e.
Emergencies. Trees may be removed without first obtaining a permit
in cases of emergency. Immediate notice and substantiation of the
emergency shall be communicated with the Enforcement Officer. The
Enforcement Officer shall determine whether an emergency existed that
would endanger the public health or safety, or cause damage to public
or private property. A tree removal application shall thereafter be
made within a period of 48 hours of the removal and compliance with
all provisions of this section shall be met.
[Added 4-18-2024 by Ord. No. 24-1723]
Trees shall be replaced on the property from which they are
removed in accordance with Schedule A.
a.
In lieu of replanting trees on the subject property, the applicant
may contribute funds in accordance with Schedule B.
c.
Street trees removed shall be replaced with street trees according
to the standards listed herein, unless otherwise approved by the Enforcement
Officer.
d.
The replacement trees must be protected from wildlife pursuant to the tree protection standards in subsection 14-3.12.
e.
Replacement trees shall be planted within one year of permit issuance,
unless otherwise specified as a condition to a permit for tree removal
and replacement; zoning, building, construction, health, or other
municipal permits involving tree removal; Board approval; or as otherwise
authorized by the Enforcement Officer.
f.
If an applicant is seeking a certificate of occupancy or certificate of approval for site work and plantings cannot be installed because of seasonal or weather conditions, the timing of planting may be relaxed if the applicant is able to demonstrate to the Enforcement Officer that adequate measures have been put in place to assure future planting, and the Enforcement Officer finds that the health, safety and welfare of the public will not be jeopardized by any such delay. The applicant shall post a temporary certificate of occupancy guarantee(s) pursuant to subsection 16-9.2d2(c) for any temporary certificate of occupancy.
|
Schedule A - Plant Replacement Trees on Subject Property
| |
|---|---|
|
DBH of Tree(s) to be Removed
|
Required No. of Replacement Tree(s) (1.5" minimum caliper) per
Tree(s) Removed
|
|
DBH of 1.5" to less than 6" as required by a Board approval,
street tree, or tree replacement under this section
|
1
|
|
Street tree DBH more than 6"
|
2
|
|
DBH of 6" to less than 18"
|
2
|
|
DBH of 18" to less than 30"
|
3
|
|
DBH of 30" or greater, or tree of significance
|
4
|
g.
In lieu of replanting trees on the subject property, the Applicant
may contribute funds in accordance with Schedule B. Contributions
may be made to satisfy the entirety of the planting requirements,
or in part if contributions are made in combination with planting.
|
Schedule B - Monetary Contribution in lieu of Replanting
| |
|---|---|
|
DBH of Tree(s) to be Removed
|
Replacement Fee per Removed Tree in Lieu of Planting
|
|
DBH of 1.5" to less than 6" as required by a Board approval,
street tree, or tree replacement under this section
|
$500
|
|
Street tree DBH more than 6"
|
$1,000
|
|
DBH of 6" to less than 18"
|
$1,000
|
|
DBH of 18" to less than 30"
|
$1,500
|
|
DBH of 30" or greater, or tree of significance
|
$2,000
|
[Added 4-18-2024 by Ord. No. 24-1723]
Tree removal applications will not be considered complete without
payment of the required fees. The nonrefundable application fees required
by this section shall be paid by the applicant as follows:
a.
Forty dollars for removal of one to four trees plus $20 per each
tree thereafter; or
b.
Eight hundred dollars for land disturbance of 1/2 acre or more.
1.
The fees in subsection 14-3.8a and b, as restated under "engineering permits" in subsection 16-9.1a, shall be paid by the applicant for the Enforcement Officer's, or their designee's, review of the application. Fees will be assessed during review of municipal zoning, building, construction, or other municipal permits. The fees shall cover review of the initial submission, one resubmission to address comments provided by the Enforcement Officer, and one inspection. For applications subject to subsection 14-3.8a, an additional fee of $40 per resubmission shall apply if all comments are not addressed to the satisfaction of the Enforcement Officer, or if additional inspections are needed. For applications subject to subsection 14-3.8b, an additional fee of $400 per resubmission shall apply if all comments are not addressed to the satisfaction of the Enforcement Officer, or if additional inspections are needed. Alternatively, the Enforcement Officer may require the applicant to set up an escrow account in an amount calculated pursuant to subsection 16-9.2g2 to cover administration and professional review costs if deemed necessary. Where the application review is performed as part of a Board application that requires review escrow, the escrow account established in subsection 16-9.2 shall be used. The application charge is a flat fee and is nonrefundable. The escrow account is established to cover the costs of professional services, including but not limited to engineering, planning, legal and other expenses connected with the review of the submitted materials.
c.
Tree removal application fees are not required for applications to the Planning Board or Zoning Board of Adjustment as these applications are subject to escrow accounts listed in subsection 16-9.1. A tree removal application shall still be filed with the Enforcement Officer following Board approvals and prior to starting work.
d.
Replacement fee per removed tree accepted in lieu of planting shall
be in addition to any tree removal application fees.
e.
In addition to fees, a maintenance guarantees calculated by the Enforcement
Officer shall be provided prior to issuance of a permit. The maintenance
guarantee shall be retained for two years following the certification
of completion issued by the Enforcement Officer.
g.
No more than one permit shall be issued per any one-year period for
any property.
[Added 4-18-2024 by Ord. No. 24-1723]
The following factors shall be reasonably considered by the
Enforcement Officer when evaluating an application:
a.
Factors weighing against approval of the application include but
are not limited to:
1.
Proposed removal of trees in critical areas (see subsection 16-6.4), conservation easement or conservation deed restricted areas;
2.
Loss of threatened and endangered species habitats;
3.
Whether the applicant's purpose for tree removal can reasonably
be achieved without the proposed tree removal or clearing;
4.
Proposed removal of replacement trees, street trees, buffer screening
or other tree, required pursuant to this section or as a requirement
of Board approval.
b.
Factors weighing in favor of approval include but are not limited
to:
1.
Meets the definition of problem tree as determined by the Enforcement
Officer;
2.
Whether a public purpose is furthered by the proposed tree removal;
3.
Proposed tree replacement or reforestation that enhances wildlife
habitat, lessens air or noise pollution, promotes aquifer recharge,
decreases area soil erosion and sedimentation, or improves area stormwater
run-off conditions.
[Added 4-18-2024 by Ord. No. 24-1723]
a.
The Enforcement Officer shall review applications and shall grant,
deny, or comment on the application within a period of 30 calendar
days of submission of a complete application unless, by mutual agreement
in writing between the Township and the applicant, the period of 30
days shall be extended for an additional period of 30 calendar days.
Tree removal and replacement shall be completed within one year of
the date of permit approval, at which time the permit shall expire.
The one-year time period may be extended by the Enforcement Officer
for an additional six months upon showing of good cause by the applicant.
The applicant shall secure a certificate of completion from the Enforcement
Officer once plantings are complete. The maintenance guarantee will
be retained for two years after the certificate of completion. The
Enforcement Officer or designee will reinspect plantings prior to
maintenance guarantee expiration to determine if additional work is
needed or can authorize release of the guarantee. Expiration of a
permit does not waive the requirements of this section including replanting
and/or contributions in lieu of planting. Any incomplete work will
be considered a violation.
[Added 4-18-2024 by Ord. No. 24-1723]
If a tree removal application is denied by the Enforcement Officer,
the applicant shall have a right to appeal the decision to the Zoning
Board of Adjustment within 10 days of receipt of denial.
[Added 4-18-2024 by Ord. No. 24-1723]
a.
Site protection and general planting requirements.
1.
A conscious effort shall be made to preserve the existing vegetation
and woodland wildlife habitat corridors on the site. Existing hedgerows
and woodlands shall be preserved and maintained. However, in both
of these cases, dead trees and branches and invasive species may be
removed if approved by the Enforcement Officer, or as part of an approved
subdivision or site plan.
2.
Proposed landscaping should provide for a variety and mixture of
plantings. The selection should consider susceptibility to disease,
colors, season, textures, shapes, blossoms, and foliage as well as
local soil conditions and water availability. The plans shall show
the location, species, size at planting and quantity of each plant.
3.
All plantings shall be species indigenous to the area, shall be grown
of nursery stock and free of insects and disease, and in accordance
with the standards set forth in ANSI Z60.1, American Standard for
Nursery Stock. A list of suggested native tree species shall be maintained
in the office of the Township Engineer, and is subject to change from
time to time. Nonnative species may be considered by the Enforcement
Officer.
4.
Invasive species shall be prohibited, as recognized by the New Jersey
Department of Environmental Protection Appendix to Policy Directive
2004-2 Invasive Non-Indigenous Plant Species, October 2004 or the
latest directive emanating from NJDEP Appendix to Policy Directive
2004-2, and those on the most recent New Jersey Invasive Species Strike
Team "Do Not Plant List."
5.
Landscaping shall be conceived holistically and be designed to achieve
a thorough integration of the various elements of site design, including
building and parking placement, the natural features of the site and
the preservation of pleasing or aesthetic views. Landscaping shall
be used to accent and complement the form and type of building proposed,
and to reestablish connectivity among existing woodlands and hedgerows.
6.
Plantings on stormwater management basin embankments shall be prohibited.
Plantings within or near stormwater management facilities in areas
other than the embankment must conform to the NJDEP BMP manual, as
amended.
7.
Plantings and maintenance of vegetation near roadways and intersections shall be consistent with Section 3-8 of the Code of the Township of Montgomery.
8.
The Township, at its discretion, may consult with a landscape architect
regarding the appropriateness of the landscaping plan as it relates
to the physical characteristics of the site. Approval of plantings
will be subject to the approval of the Township's Landscape Architect.
9.
No grading or changes in topography shall be permitted within woodlands,
hedgerows, conservation easements, conservation deed restricted areas,
critical areas, or within tree and soil protection zone of trees to
remain.
10.
Plants with pervasive root systems shall not be located where they may cause damage to drainage pipes, sewer laterals, septic systems, and underground utilities. Trees shall not be planted near or under overhead utilities. Plantings adjacent to drainage infrastructure and storm water management facilities shall meet the minimum offset requirements listed in the most recent version of the New Jersey Stormwater Best Management Practice (BMP) Manual referenced in subsection 16-5.2.
b.
Newly planted materials standards. Newly planted materials, including
street trees, replacement trees, buffer, and any other plantings needed
to meet the requirements listed in this chapter, shall meet the following
standards:
1.
All newly planted shade, ornamental, street, buffer, and replacement
trees as required by this section shall be of nursery stock, shall
have a minimum caliper of 1.5 inches measured six inches from the
ground, shall be balled and burlapped.
2.
Evergreen trees shall be at least six feet in height, measured from
the ground, balled and burlapped.
3.
Shrubs and hedges shall be a minimum 18 inches to 24 inches in height, except within sight triangles where plantings are restricted to 12 inches maximum height, and trees are prohibited, pursuant to subsection 16-5.3c.
4.
Burlap shall be cut open and loosened around the entire root ball,
or completely removed, prior to backfill around tree trunk. All root
ball wire shall be cut or removed.
c.
Tree protection standards.
1.
All existing trees having a DBH of six inches or more and wooded
areas within 20 feet of the outer limits of the approved limits of
disturbance, and trees identified on the plans to remain within the
limits of disturbance, shall be protected by snow fence or similar
barrier placed at the Tree and Soil Protection Zone.
3.
When the limits of disturbance are within 20 feet of a property line,
easements and deed restrictions (other than those for conservation
purposes), structure, subsurface disposal system, utility, or other
sensitive locations, then such areas shall be protected prior to starting
work.
4.
No grading shall be performed, and no equipment or materials of any
kind shall be stored within the Tree and Soil Protection Zone of any
tree to remain.
5.
Tree protection shall remain in place during construction and/or
disturbance.
6.
All new trees shall be protected from deer browsing and antler rubbing
from grade to a height of four feet using black polypropylene mesh,
metal wire, or other materials approved by the Enforcement Officer.
Protection for newly planted trees shall remain in place during the
two-year maintenance guarantee period.
7.
All plant material shall be guaranteed for at least two years in accordance with subsection 16-9.2. Any plant material that does not survive within that time period or is in poor condition based upon the opinion of the Enforcement Officer shall be replaced by plant material of the same size and species at the expense of the applicant, or comparable substitute acceptable to the Enforcement Officer.
8.
Any tree not approved for removal that is damaged during work must
be inspected by the Enforcement Officer. If the damage cannot be corrected,
the damaged tree(s) shall be removed and replaced in accordance with
this chapter, or fees in lieu of replanting shall be paid.
d.
Street trees, buffer screening, tree planting for major development,
and Tree Replacement Fund.
1.
Street trees.
(a)
Street trees are part of the public infrastructure.
(b)
Street trees should be planted on both sides of the street at
the intervals and/or in groupings as listed below. The Enforcement
Officer or Board may allow exceptions based on factors including but
not limited to tree species, site conditions, proximity to infrastructure,
or other factors:
(1)
Fifty-foot maximum spacing for trees with an expected mature
height of 40 feet or more; and/or
(2)
Forty-foot maximum spacing for trees with an expected mature
height of 30 feet to less than 40 feet; and/or
(3)
Thirty-foot maximum spacing for trees with an expected mature
height of less than 30 feet; and/or
(4)
An equivalent number may be planted in informal, naturalized
groupings if approved by the Enforcement Officer or Board.
(c)
Street trees shall be planted on the side of sidewalks furthest
from the road. Street trees should be installed a minimum of eight
feet offset from sidewalks, but no more than 25 feet from the road
edge. Where the eight feet offset is not feasible, root barriers shall
be required on any side of the street tree abutting sidewalk for a
minimum length of 24 feet, centered on the tree, and 18 inches deep.
Chemically treated root barriers should be avoided unless other options
are not available.
(1)
If street trees can only be accommodated between the road and
sidewalk, street trees shall be offset at least three feet away from
the road edge, and an easement shall be provided for any sidewalk
placed outside of the right-of-way. Easements shall abut and run parallel
with the right-of-way, and extend a minimum of two feet beyond the
sidewalk. Private improvements shall not be permitted within the sidewalk
easement.
(d)
Street trees shall not be located closer than 35 feet from the
intersection of the street right-of-way lines, within sight lines,
or sight triangle easements, whichever is most restrictive.
2.
Buffer screening.
(a)
General requirements.
(1)
Buffers are for the purposes of separating or protecting one
use from another and buffer screening is used to visually shield or
obscure the view of one use from another and reduce noise perception
and glare from direct or reflected light beyond the lot.
(3)
No above surface structure, activity, drainage basin, storage
of materials, parking of vehicles or any other improvements shall
be permitted in a buffer area, except that underground utilities may
be installed where the Board deems that a buffer screening is not
necessary within the entire width of the buffer area.
(4)
The location and design of buffer screening shall consider the
use being screened or protected; the distance between the use being
screened or protected; the distance between the use and the property
line; differences in elevation; the types of buffers, such as dense
planting, existing woods, a wall or fence, buffer height and width;
and other combination of man-made and natural features.
(5)
Newly proposed buffers shall be designed, planted, graded, and
maintained with grass or ground cover, together with a dense screen
of trees, shrubs, existing vegetation, other plant materials. Fences,
walls, or other screening provisions may be considered. The general
guideline is that the closer or more intense a use or activity is
to a property line, the more effective and denser the buffer screening
must be year-round in obscuring light (including headlights), vision,
and reducing noise beyond the lot(s).
(6)
The preservation of natural wooded tracts shall be an integral
part of all site plans and subdivisions and may be calculated as part
of the required buffer, provided that the growth is of a density and
the area is of a width to serve the purpose of a buffer screening.
(7)
Buffers shall be permanently maintained in good condition at
all times and kept clean of all debris, rubbish, and invasive plants.
Plant material that does not live or is in poor condition shall be
replaced by the owner. Buffer screening easements or deed restrictions
shall be required where deemed necessary by the Enforcement Officer
or Board.
(8)
The buffer area shall not be broken except for vehicular or
pedestrian access points and required sight distances or easements,
unless specifically approved by the Enforcement Officer or Board.
(9)
The installation of that portion of the approved buffer necessary
to screen a particular portion of the tract from being viewed from
a bordering street or from an adjacent property shall be completed
to the greatest extent possible prior to the issuance of building
permits for development of that particular portion of the tract.
(b)
Nonresidential buffers.
(1)
Shall include all general buffer screening requirements.
(c)
Parking lot and loading area plantings.
(1)
Buffer screening plantings shall be provided between the off-street
parking areas and any lot line including rights-of-way. Fences, walls,
berms, and/or other screening provisions may be considered to supplement
landscaping.
(2)
All loading areas shall be planted and screened sufficiently to obscure the view of the vehicles and loading platforms from any public street and adjacent use throughout the year. Such screening shall be by an extension of the building, a fence, berm, wall, planting or combination thereof, subject to any standards set in Chapter 14 or Chapter 16.
(3)
Each off-street parking area shall have one tree per 10 parking
spaces. The Enforcement Officer or Board may allow exceptions based
on factors including but not limited to tree species, site conditions,
proximity to infrastructure, or other factors. Planted areas shall
be distributed throughout the parking area. Trees may be supplemented
with shrubs and ground cover to break the view of parked cars. Planting
locations shall not impair sight lines in drive aisles, drive aisle
intersections, or at roadway intersections.
(4)
The minimum size of all planting beds within and adjacent to
parking areas shall be 10 feet in any direction.
(5)
Green infrastructure for stormwater management in the form of
bioretention, rain gardens, or other collection measures that will
support and sustain plant material shall be integrated in parking
and loading areas wherever feasible.
3.
Tree planting requirements for major developments.
(a)
In addition to tree replacement as a result of tree removal, as well as meeting the design requirements for street trees, buffers and buffer screening, nonresidential buffers, parking lot and loading area plantings, replacement, and other design requirements listed herein, a minimum of 20 trees per disturbed acre of land shall be planted if the disturbance exceeds 1/2 acre or more, or meets the definition of major development as defined in subsection 16-5.2. In cases of subdivisions, trees shall be proportionately distributed on each property to the greatest extent practicable based on consultation with the Township Landscape Architect and/or Enforcement Officer. Any trees provided to meet the required street tree, buffer screening, and/or replacement requirements shall not be counted towards the tree planting requirement for major developments.
f.
Conservation requirements.
1.
For the protection and enjoyment of natural features, critical areas,
buffers and buffer screening, conservation easements or conservation
deed restricted areas, and/or buffer easements or buffer deed restricted
areas, shall be provided and recorded by deed if required by the Board
or Enforcement Officer.
(a)
All critical areas as defined in subsection 16-6.4, shall be protected by conservation easements or conservation deed restrictions. Where the critical areas or areas to be conserved are wooded, the conservation easements or conservation deed restricted areas shall extend 20 feet beyond the closest tree in order to ensure that there will be no disturbance to the root structure of the tree(s).
(b)
Prior to any clearing, grading or construction taking place
on a site proposed for development, the easements or deed restricted
areas shall be clearly marked in the field by a professional land
surveyor using four-inch concrete monuments to be permanently installed
at the limits of the easements or deed restricted areas, including
any changes in direction, subject to the inspection and approval by
the Township Engineer. If the distance between monuments exceeds 250
feet, supplemental monuments or line markers shall be installed at
intervals approved by the Township Engineer.
(c)
The terms of easements and deed restrictions shall follow the
form established by the Township and is subject to the Township Attorney's
review and approval.
(d)
Where existing vegetation is sparse in critical areas which
are to be preserved by conservation easements or conservation deed
restrictions, additional plantings shall be required to promote stability
to the flood plains, slopes, and to promote the wildlife habitat.
[Added 4-18-2024 by Ord. No. 24-1723]
a.
A Tree Replacement Fund is hereby established to receive tree removal
application fees, contributions made in lieu of required tree planting
(whether in whole or in part), and fines collected for violations
and penalties. The Township shall use the Tree Replacement Fund towards
administration, planting, maintenance, and other miscellaneous costs
associated with the installation of trees, shrubs, or green infrastructure
on public rights-of-way and public property in the Township. All funds
remitted to the Township shall be deposited and maintained in a separate
designated bank account.
b.
The tree removal application fees will be used to pay administrative
costs to implement the provisions of this section, including but not
limited to costs for processing of permits, site inspections, consultants,
and supervisors of tree replacements.
c.
Contributions made in lieu of required tree planting, and fines collected for violations and penalties shall be used towards planting, maintenance, and other miscellaneous costs associated with the installation of trees, shrubs, or green infrastructure on public rights-of-way and public property in the Township. Up to 30% of the contributions made can be used towards costs associated with administrative costs listed in subsection 14-3.13b.
d.
Appropriations from the Tree Replacement Fund shall be authorized
by the Enforcement Officer with consideration of the recommendations
by the Township Landscape Architect.
e.
The Tree Replacement Fund shall be maintained by the Chief Financial
Officer.
[Added 4-18-2024 by Ord. No. 24-1723]
a.
Any person(s) found to be in violation of this section shall:
1.
A grace period is provided to communicate with Montgomery residents
to increase awareness of this section. Any person found to be in violation
of this section from May 1, 2024, to October 31, 2024, (inclusive)
shall be required to plant the required number of replacement trees
listed in Schedule A or pay the replacement fee per removed tree in
lieu of planting in accordance with Schedule B, or a combination thereof;
and
2.
For a first offense on or after November 1, 2024: plant 125% of the
required number of replacement trees listed in Schedule A (rounded
up to the nearest whole number), or pay 125% of the replacement fee
per removed tree in lieu of planting in accordance with Schedule B,
or a combination thereof; and
3.
For second and subsequent offenses on or after November 1, 2024:
plant 150% of the required number of replacement trees listed in Schedule
A (rounded up to the nearest whole number), or pay 150% of the replacement
fee per removed tree in lieu of planting in accordance with Schedule
B, or a combination thereof; and
4.
Pay all other required fees and escrow listed in this section.
b.
The Enforcement Officer has the power to revoke a permit if the applicant
provided false or misleading information within the application and/or
if there is noncompliance with the approved permit.
c.
If the Enforcement Officer cannot determine the DBH of trees removed
in violation of this section, each tree removed shall be considered
to have a DBH of 30 inches or greater for the purposes of calculating
replacement trees, replacement fee in lieu of planting, and/or penalties.
[Added 4-18-2024 by Ord. No. 24-1723]
a.
Prior to granting or denial of applications for tree removal and
replacement, an inspection of the site may be made by the Enforcement
Officer or a designee.
b.
An inspection with the Enforcement Officer may be required prior
to planting to confirm the appropriateness of the planting plan as
it relates to the physical characteristics of the site.
c.
Applicants shall schedule inspections after planting to confirm compliance
with the approved plans.
d.
Upon completion of the landscaping, the Enforcement Officer shall
check for compliance with the approved plans. If necessary, a punch
list of outstanding or unsatisfactory items shall be provided to the
applicant. Final sign-off shall be given after all work is satisfactorily
completed.
[Added 4-18-2024 by Ord. No. 24-1723]
[Added 4-18-2024 by Ord. No. 24-1723]
a.
The purpose of this section is to prevent adverse impacts on public
health, safety, and general welfare of the public and the environment
by regulating excavation, placement, filling, grading, regrading,
leveling, storing, removal, or otherwise altering or moving of soils
and/or fill within, to, or from Montgomery Township. In addition,
the intent of this section is to prevent placement of contaminated
materials and to control soil operations that may cause or create
erosion, dust, mud, and silt deposits on adjoining property, streets,
critical areas, and waterways. The requirements in this section do
not exempt an applicant from any other required local, county, state,
or federal approvals, including Soil Conservation District requirements.
This section is intended to act in conjunction with all Soil Conservation
District and other applicable requirements with regards to acceptability
and placement of soil/fill materials.
[Added 4-18-2024 by Ord. No. 24-1723]
As used in this section, the following terms, phrases, words,
and their derivations shall have the meanings stated herein unless
their use in the text clearly demonstrates a different meaning. When
consistent with the context, words used in the present tense include
the future, words used in the plural number include the singular number,
and words used in the singular number include the plural number. The
use of the word "shall" means the requirement is always mandatory
and not merely directory.
Non-water-soluble, nondecomposable, inert solids such as
soil, subsoil, topsoil, sand, clay, loam, gravel, humus, rock, traces
of concrete, brick, glass, and/or clay or ceramic products, free of
construction/demolition debris, garbage, refuse, or sludge and not
containing concentrations of one or more contaminants that exceed
the New Jersey Department of Environmental Protection (NJDEP) Residential
Direct Contact Soil Remediation Standards or Non-Residential Direct
Contact Soil Remediation Standards, whichever is more stringent, as
set forth in N.J.A.C. 7:26D (Remediation Standards).
For the purposes of supporting common farm site activities,
including but not limited to the production, harvesting, storage,
grading, packaging, processing, and the wholesale and retail marketing
of crops, plants, animals, and other related commodities and the use
and application of techniques and methods of soil preparation and
management; fertilization; weed, disease, and pest control; disposal
of farm waste; irrigation, drainage and water management; and grazing.
Any "person," as defined below, that is the landowner, agent,
optionee, contract purchaser or other person authorized in writing
to act for the landowner, submitting an application under this chapter.
Mixed waste building material and rubble resulting from construction,
remodeling, repair, and demolition operations on houses, commercial
buildings, pavements, pools, hardscape, and other structures that
includes, but is not limited to, treated and untreated wood scrap;
tree parts, tree stumps and brush; plaster and wallboard; roofing
materials; corrugated cardboard and miscellaneous paper; ferrous and
nonferrous metal; non-asbestos building insulation; plastic scrap;
carpets and padding; and other miscellaneous materials.
Any property, including but not limited to structures, sediment,
soil and water, that contains a contaminant which is present at such
levels or concentration as to require action pursuant to any federal
or state statutes or regulations.
Any soil/fill containing contaminants exceeding the current
requirements for the most stringent concentrations between the Non-Residential
and Residential Direct Contact Soil Remediation Standards pursuant
to N.J.A.C. 7:26D (Remediation Standards).
Critical areas as defined in subsection 16-6.4 of Township Code.
The division of a parcel of land into two or more parcels; the
construction, reconstruction, conversion, structural alteration, relocation
or enlargement of any building or structure; any mining excavation
or landfill; and any use or change in the use of any building or other
structure, or land or extension of use of land, by any person, for
which permission is required under the Municipal Land Use Law, N.J.S.A.
40:55D-1 et seq.
In the case of development of agricultural lands, development
means any activity that requires a state permit, any activity reviewed
by the County Agriculture Development Board (CADB) and the State Agriculture
Development Committee (SADC), and municipal review of any activity
not exempted by the Right to Farm Act, N.J.S.A. 4:1C-1 et seq.
The placement or reconstruction of lot coverage, impervious
surface or motor vehicle surface, or exposure and/or movement of soil
or bedrock, any activity involving clearing, cutting, removing vegetation,
grading, transporting, storing or filling of land, development, and
any other activity which causes land to be exposed to the danger of
erosion.
The removal of surface water or groundwater from land by
drains, grading, or other means.
Sediments removed from under a body of water such as, but
not limited to, a lake, stream, and/or river, removed during a dredging
operation that are displaced or removed to another location.
The detachment and movement of soil or rock fragments by
water, wind, ice or gravity.
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 adopted by the Soil Conservation
Committee of the Department of Agriculture, State of New Jersey.
Any act by which soil or rock is cut into, dug, quarried,
uncovered, removed, displaced or relocated.
Dig, excavate, move, remove, place, deposit, fill, grade,
regrade, strip, level, or otherwise alter, change the location, contour,
transport, or supply soil/fill.
See "agricultural."
Any ground, soil or earth, including marshes, swamps, drainage-ways
and areas not permanently covered by water within the Township.
Any designated parcel, tract or area of land, separated from
other parcels, established by a plat, subdivision, deed, survey, metes
and bounds description, and/or otherwise as permitted by law and to
be used, developed or built upon as a unit; provided that no portion
of an existing public street shall be included in calculating a lot
boundary or lot area. The word "lot" includes the words "plot" and
"premises."
The official document issued by the Township Engineer or
their designee approving the application for import, export, and/or
transfer of soil/fill to, from, or within Montgomery Township.
An individual, resident, partnership, corporation, company,
firm, association, agency, or any other entity recognized by law,
including its agents or employees.
Any development of a previously developed area.
As defined in the Technical Requirements for Site Remediation
(Technical Requirements) at N.J.A.C. 7:26E-1.8, those actions taken
at a contaminated site as may be required by the New Jersey Department
of Environmental Protection (NJDEP), including, without limitation,
removal, treatment measures, containment, transportation, securing,
or other engineering or institutional controls, whether to an unrestricted
use or otherwise, designed to ensure that any contaminant is remediated
in compliance with the applicable remediation standards. A remedial
action continues as long as an engineering control or an institutional
control is needed to protect the public health and safety and the
environment, and until all unrestricted use remediation standards
are met.
As defined in the Technical Requirements at N.J.A.C. 7:26E-1.8,
all necessary actions to investigate and cleanup or respond to any
known, suspected, or threatened discharge, including, as necessary,
the preliminary assessment, site investigation, remedial investigation
and remedial action; provided, however, that "remediation" or "remediate"
shall not include the payment of compensation for damage to, or loss
of, natural resources.
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.
Any plot, parcel or parcels of land.
Somerset-Union Conservation District as organized in accordance
with the provisions of Chapter 24, Title 4, of the New Jersey Revised
Statutes.
Material placed at a location for the purpose of filling
low areas, changing the contours of an area, stabilizing existing
grades and/or raising the grade of an area. Fill typically consists
of soil, but may also include but is not limited to non-water-soluble,
traces of nondecomposable, inert solids, such as rock, stone, gravel,
sand, brick, block, concrete, glass, earth, dirt, clay, loam, ceramic
products, and/or any combination thereof. The terms soil and fill
may be used interchangeably in this section if used alone.
Friable, loamy soil/fill, free of debris, objectionable weeds
and stones, typically composed of 2% or more by weight of organic
matter, and containing no toxic substance or adverse chemical or harmful
physical condition, that has the ability to support vegetation as
the top layer of earth.
Peat moss, organic material, vegetation, leaves, tree stumps,
wood chips, sawdust, chemical waste, tires, wooden logs, contaminated
soil/fill, or as otherwise determined by the Township Engineer.
[Added 4-18-2024 by Ord. No. 24-1723]
a.
A permit for soil hauling is required to import or export any quantity
of soil/fill material to, from, or within Montgomery Township.
b.
No person shall deposit, place, or export soil/fill material, or
cause, allow, or authorize soil/fill to be placed on or exported from
any property in the Township of Montgomery, unless a permit is issued
by the Township Engineer along with any other applicable county, state
or federal approval(s) or permit(s).
c.
Unless otherwise exempt under this chapter, no permit shall be issued
for soil/fill import unless:
1.
The applicant submits proof that the soil/fill material has been
tested consistent with the requirements of this section to demonstrate
the material is acceptable soil/fill; and
2.
The soil/fill meets the definition of acceptable soil/fill; and
4.
The application otherwise conforms with the standards of this chapter
and the requirements on the application form.
d.
Unless otherwise exempt under this chapter, no permit shall be for
soil/fill export issued unless:
1.
The applicant provides documentation from the Municipal Engineer
or other appropriate municipal official acknowledging the material
is being imported to the locality under their jurisdiction, provides
documentation from NJDEP registered soil and fill recycling or solid
waste facilities stating that the material will be accepted, or other
documentation acceptable to the Township Engineer to ensure proper
disposal. No case shall preclude the applicant from testing soil/fill
if required by the receiving municipality or recycling facility.
2.
When exporting soil/fill, the applicant provides documentation from
the property owner receiving the material, acknowledging the material
is being imported to their property.
3.
The soil/fill meets the definition of acceptable soil/fill, if required to comply with subsection 14-4.3d1 above; and
5.
The application otherwise conforms with the standards of this chapter
and the requirements on the application form.
e.
This section does not apply to soil/fill imported or exported for
the purposes of remediation pursuant to the Administrative Requirements
for the Remediation of Contaminated Sites (ARRCS, N.J.A.C. 7:26C)
and Technical Requirements for Site Remediation (N.J.A.C. 7:26E),
operation and/or closure of sanitary landfills (N.J.A.C. 7:26), dredge
repository sites approved by state or federal agencies, or any projects
undertaken by Montgomery Township, Somerset County, the state, or
any government agency.
[Added 4-18-2024 by Ord. No. 24-1723]
a.
No person shall import soil/fill to, or export soil/fill from the
Township of Montgomery without having previously obtained a permit
authorizing soil hauling from the Township Engineer.
b.
No person shall modify the topography of a property in a manner that
causes adverse impacts on surrounding property or rights-of-way.
c.
Permanent stockpiling or material mining is prohibited.
d.
Importing or placement of contaminated or unsuitable soil/fill.
[Added 4-18-2024 by Ord. No. 24-1723]
a.
The Township Engineer may exempt a person from the requirement to
obtain a soil hauling permit when:
1.
Placing of acceptable soil/fill for septic installation and/or repair
certified to be such by a licensed New Jersey engineer; or approved
by the Health Department.
2.
Placing virgin quarry products including, but not limited to, rock,
stone, gravel, sand, and other mined natural products that do not
constitute soil or unsuitable materials.
3.
Acceptable soil/fill material being moved from one section of an owner's property to another section of the same property. This activity may require a soil disturbance permit pursuant to § 14-1.
4.
Agricultural or horticultural use of lands when operated in accordance
with a farm conservation plan approved by the Somerset-Union Conservation
District or when a determination has been made by the Soil Conservation
District that such use will not cause excessive erosion or sedimentation.
5.
Landscaping and gardening by property owners or their agents, provided
it does not alter existing drainage patterns.
[Added 4-18-2024 by Ord. No. 24-1723]
The permit application required by this section shall include
the following:
a.
Completed application on a form prescribed by and filed in the office
of the Township Engineer.
b.
Permit applications shall include the following information at a
minimum:
1.
Hauling route, estimated number, gross vehicle weight of trucks,
and weight restrictions of any roads along the route.
2.
Topographical survey of existing conditions on the site.
3.
A plot plan prepared by a licensed professional pursuant to applicable statutes at a scale not less than one inch equals 30 feet, or sketch (if permitted by the Township Engineer), showing (at a minimum) limits of disturbance; existing and proposed grading contours (see subsection 16-5.2z); estimated cut/fill quantities for soil import and/or export; soil erosion and sediment control measures, construction sequence, and construction details conforming to the Standards for Soil Erosion and Sediment Control in New Jersey as amended (unless exempt under subsection 14-1.11); construction access location; stabilization measures; locations of critical areas (see subsection 16-6.4), easements, deed restrictions, lot boundaries, and methods of preventing encroachments; any other plan requirements listed in Chapter 14 or Chapter 16 (generally including but not limited to Sections 14.1, 14.2, subsections 16-5.2, 16-6.4, § 16-8, and subsection 16-10.3, the provisions of which are incorporated by reference herein as if fully restated); and any other information required by the Township Engineer or their representative deemed necessary to evaluate the application and ensure there will be no detrimental impacts to surrounding properties, rights-of-way, critical areas, or other areas.
4.
Soil/fill testing analytical data by a certified laboratory, professional
engineer, or other authorized professional, demonstrating compliance
with the most stringent concentrations between the Non-residential
and Residential Direct Contact Soil Remediation Standards pursuant
to N.J.A.C. 7:26D (Remediation Standards).
(a)
When importing or transferring soil within Montgomery Township,
provide a professional engineer or certified laboratory certification
stating that the soil is clean, meets the definition of acceptable
soil/fill.
(b)
When exporting soil from Montgomery Township, provide documentation
from the receiving municipality acknowledging receipt of the materials,
or provide a letter from NJDEP registered soil and fill recycling
or solid waste facilities, stating that the material will be accepted.
Neither case precludes applicant from testing soil if required by
the receiving Municipal Engineer or recycling facility.
5.
Copies of any and all other approvals, licenses, and permits required
by any other government agency or entity having jurisdiction over
the subject application, or over the subject property, as applicable.
c.
The Township Engineer may require that the applicant provide the
following:
1.
Written notification to the property owners that may be directly
or indirectly affected by the proposed work, and acknowledgement of
receipt. Notification shall be limited to properties within 200 feet
of the site boundary.
[Added 4-18-2024 by Ord. No. 24-1723]
[Added 4-18-2024 by Ord. No. 24-1723]
a.
In addition to the testing requirements otherwise set forth in this
section, the applicant shall demonstrate to the Township Engineer
that there will be no negative impacts created by the import, export,
or movement of soil/fill, the land disturbance, associated development,
or redevelopment. The following minimum factors shall be considered:
1.
Purpose of application; and
2.
Soil erosion; and
3.
Surface water drainage, and surface water/groundwater quality; and
4.
Impacts to public streets, improvements, property, critical areas,
utilities, other surrounding areas, and services; and
5.
Changes in topography which will result after the placement, removal,
or movement of soil/fill; and
6.
Acceptability and suitability of soil/fill; and
7.
Duration of temporary stockpiling; and
8.
Reuse of existing materials to minimize hauling; and
9.
Such other factors as may negatively impact public health, welfare,
and safety; and
10.
Comments and recommendations of the Township Engineer.
[Added 4-18-2024 by Ord. No. 24-1723]
a.
The Township Engineer shall review applications and shall grant,
deny, or comment on the application within a period of 30 calendar
days of submission of a complete application unless, by mutual agreement
in writing between the Township and the applicant, the period of 30
days shall be extended for an additional period of 30 calendar days.
Permits granted for soil hauling shall remain in force and effect
until the Township Engineer certifies completion of the work, or the
permit expires. The permit shall expire one year from the date of
approval. The one year time period may be extended by the Township
Engineer for an additional six months upon showing of good cause by
the applicant.
[Added 4-18-2024 by Ord. No. 24-1723]
a.
Whenever an application for a permit is denied, the applicant may
appeal the denial to the Township Committee by filing a written notice
of appeal with the Township Clerk within 10 days after receiving notice
of the denial. The Township Committee shall discuss the matter at
the next available public meeting to modify, affirm or reverse the
decision.
[Added 4-18-2024 by Ord. No. 24-1723]
Any person who violates any provision of this section shall be subject to fines and penalties established in Chapter 1, Section 1-5. Every day in which such violation continues after due notice has been served shall constitute a separate violation or offense. Upon order of the Court, the violator shall pay all costs associated with analytical testing, remediation, removal and proper disposal of soil/fill material determined to not to comply with the definition of acceptable soil/fill.
[Added 4-18-2024 by Ord. No. 24-1723]
a.
Prior to granting or denial of soil hauling applications, an inspection
of the site may be made by the Township Engineer or a designee.
b.
The Township Engineer or a designee may inspect the site to confirm
the appropriateness of the applicant's plan as it relates to
the physical characteristics of the site.
c.
Applicants shall schedule inspections during work hours to confirm
compliance with the approved plans.
d.
The applicant shall notify the Township Engineer when work is complete.
The Township Engineer or designee shall check for compliance with
the approved plans. If necessary, a punch list of outstanding or unsatisfactory
items shall be provided to the applicant. Final sign-off shall be
given after all work is satisfactorily completed.
e.
The Township Engineer or designee may inspect sites within Montgomery
Township that are suspected to be in violation of this chapter. The
applicant shall furnish copies of disposal tickets, as applicable
and when requested by the Township Engineer or designee.
[Added 4-18-2024 by Ord. No. 24-1723]
a.
Any person issued a soil hauling permit shall comply with all conditions set forth in the permit and in this section. Submitting false information or noncompliance with a permit may subject the person receiving a permit to a violation or penalty pursuant to subsection 14-4.11 above and/or suspension or revocation of such a permit.
[Added 4-18-2024 by Ord. No. 24-1723]
a.
As a condition precedent to the issuance of certificates of occupancy,
certificates of approval, or any certificate of completion, the applicant
shall submit an as-built grading plan prepared by a licensed land
surveyor to the Township that also bears an engineer's certification
that the as- built conditions, including lot grading, comply with
the approved final design and soil erosion control plans. The as-built
plan shall include any pertinent information requested by the Township
Engineer, traditionally including but not limited to site features,
grading, limits of clearing, and pertinent information about the property.
b.
If an applicant is seeking a certificate of occupancy or certificate of approval for site work and final soil stabilization cannot be installed because of seasonal or weather conditions, the timing of stabilization may be relaxed if the applicant is able to demonstrate to the Township Engineer that adequate measures have been put in place to assure future planting, and the Township Engineer finds that the health, safety and welfare of the public will not be jeopardized by any such delay. The applicant shall post a temporary certificate of occupancy guarantee(s) pursuant to subsection 16-9.2d2(c) for any temporary certificate of occupancy or temporary certificate of approval.
