[Editor's Note: Prior ordinance history: 1967 Code
§§ 20-1-2—20-1-9, Ordinance Nos. 2153-99, 2209-02.]
[Ord. No. 2439-15]
All subdivisions, site plans and other land development applications
which are subject to the jurisdiction of the Millburn Township Planning
Board and Zoning Board of Adjustment shall comply with the requirements
of Sections 507, 524, and 525 of the Millburn Development Regulations
Ordinance. The provisions of this Chapter shall not apply to any such
land development application where a plan meeting the requirements
of the above cited sections is approved as part of an application
reviewed by a Board.
[Ord. No. 2439-15]
a.
No person or entity shall clear, grade, transport, fill, excavate,
remove or otherwise disturb any land area within the Township unless:
b.
Without limiting the effect of the preceding paragraph a., no preliminary
site plan or preliminary subdivision application shall be granted
approval by the applicable Township Board unless a grading, drainage
and soil erosion and sediment control plan has also been approved.
No certificate of occupancy of any building or certificate of approval
of any structure shall be granted unless all necessary soil erosion
control measures have been completed in accordance with the provisions
of this Chapter. The applicant and owner shall bear the final responsibility
for the installation and construction of all required soil erosion
and sediment control measures in accordance with provisions of this
Chapter. The applicant and owner shall indemnify and hold the Township
harmless from and against any and all claims, demands and damages
arising out of such installation and construction work.
[Ord. No. 2439-15]
The following activities shall be exempt from the regulations
set forth in this Chapter.
a.
Construction or alteration of any structure where a building permit
is required and where the proposed new impervious area is less than
two hundred (200) square feet; or
b.
Land disturbance where a building permit is not required and where
the proposed land disturbance is less than five hundred (500) square
feet; or
[Ord. No. 2439-15]
Except as provided in subsection 17-1.1 with respect to subdivision, site plans and other applications to the Planning Board or Zoning Board of Adjustment, and except as provided in subsection 17-1.3 with respect to exemptions, in the event that land is proposed to be cleared, graded, transported, filled, excavated, removed or otherwise disturbed, a grading permit shall be required. The grading permit shall be issued upon the approval of a grading, drainage, soil erosion and sediment control plan. A separate application shall be required for each grading permit. All grading permit applications shall be distributed to the Township Forester for review and approval prior to issuance by the Township Engineer. Plans, specifications, a written description of the scope of work, and time schedules shall be submitted with each application for a grading permit, together with the application fee. The plans shall be prepared and duly signed and sealed by a professional engineer, architect or landscape architect registered and licensed in the State of New Jersey.
[Ord. No. 2439-15]
A minor grading permit shall be required where a building permit
is required and the proposed new impervious area computed on a horizontal
basis or the land to be disturbed is between two hundred (200) square
feet and five hundred (500) square feet, or where a building permit
is not required and the land to be disturbed is between five hundred
(500) square feet and one thousand (1000) square feet. Minor grading
permits shall be issued by the Township Engineer who may consult with
the Construction Code Official before issuing the permit. The application
fee for a minor grading permit shall be one hundred fifty dollars
($150.00). A fee of seventy-five dollars ($75.00) shall be required
for each revision review. The fee is waived for the first revision.
[Ord. No. 2439-15]
Except for land disturbance which is exempt under subsection 17-1.3 or which qualifies for a minor grading permit under subsection 17-2.1, all other disturbance shall require a major grading permit to be issued before work may commence. Major grading permits shall be issued by the Township Engineer who shall consult with the Township Forester before issuing the permit. The application fee for a major grading permit shall be four hundred dollars ($400.00). A fee of seventy-five dollars ($75.00) shall be required for each revision review. The fee is waived for the first revision.
[Ord. No. 2439-15]
The applicant shall submit a grading, drainage, soil erosion
and sediment control plan for the entire site, which shall be accompanied
by payment of the application fee. The plan shall include:
a.
A date, north arrow, scale (not less than 1" = 30'), and block
and lot.
b.
Measures for soil erosion and sediment control, which must meet or
exceed the specifications and standards for soil erosion and sediment
control in New Jersey promulgated by the State Soil Conservation Committee
established pursuant to N.J.S.A. 4:24-1. et seq.
c.
A schedule indicating the anticipated starting and completion dates
and the sequence of installation of planned erosion and sediment control
measures as related to the progress of the project, and the time of
exposure of each area prior to the completion of such measures.
d.
The location and description of existing natural and man-made features
on and within twenty-five (25') feet of the site, including existing
and proposed topography with two (2') foot contours, location
of trees greater than four (4") inches in diameter measured at four
(4') feet above the ground, utilities, and soil characteristics
and a copy of the soil survey where available.
e.
The location and description of proposed changes to the site, including
proposed tree removals, and a sketch of the proposed development,
which shall include proposed landscaping plans.
f.
Soil permeability test results, as required in the discretion of
the Township Engineer, supporting the design of any dry wells or other
stormwater detention facilities.
g.
Wetlands, riparian lands, steep slopes, flood plains, and any associated
buffers or transition areas.
h.
Easements.
[Ord. No. 2439-15]
All proposed revisions of required data shall be submitted for
approval. An additional fee shall be collected for each revision submitted
for review. The fee for the first revision is waived.
[Ord. No. 2439-15]
In the preparation and implementation of a grading, drainage,
soil erosion and sediment control plan, the following principles of
design shall be adhered to:
a.
Control measures shall apply to all aspects of the proposed disturbance
as it affects the specific lot and offsite installations, for example,
roads, street trees, and utilities.
b.
Measure shall be instituted to prevent or control soil erosion and
sedimentation, and such measures shall be in operation during all
stages of development.
c.
The smallest practicable area of land shall be exposed at any one
(1) time during development, and stripping of vegetation, grading
or other soil disturbance shall be done in a manner which will minimize
soil erosion and the duration of the disturbance.
d.
Work shall be performed in stages where necessary.
e.
The construction and installation of improvements such as diversions,
sediment basins and similar structures required to prevent soil erosion
and sedimentation shall be required prior to the start of construction
or on-site grading or disturbance.
f.
Permanent improvements, such as roads, catch basins, curb and the
like shall be installed or constructed and completed as soon as possible.
g.
Temporary diversions and outlets shall be constructed or installed
to accommodate the increased runoff caused by the changed soil and
surface conditions during development.
h.
Sediment basins, debris basins, desilting basins or silt traps shall
be installed to remove sediment from runoff waters and be cleaned
of trapped sediment after each rainfall event.
i.
Sediment shall be retained on the site to the maximum extent feasible.
j.
Stormwater runoff shall be minimized and retained on the site wherever
practicable by the construction of the following:
1.
Detention basins designed in accordance with the following requirements:
(a)
Hydrologic and hydraulic studies and designs shall be in accordance
with applicable United States Soil Conservation Service methods.
(b)
The rate of runoff resulting from all storms recurring more frequently
than once in fifty (50) years shall be controlled so that the rate
will not exceed that which would be computed in accordance with Soil
Conservation Service methodology based on the following hydrologic
complex curve numbers:
|
Hydrologic Soft Group
|
Hydrologic Curve Number
|
|---|---|
|
A
|
30
|
|
B
|
45
|
|
C
|
65
|
|
D
|
75
|
(c)
The design of all detention facilities shall be as approved by the
Township Engineer.
2.
Drywells for roadway, driveway, and impervious construction, designed
in accordance with requirements established by the Township Engineer.
3.
Roof drain drywells for any structure, designed to retain a minimum
of two hundred fifty (250) cubic feet of storage volume for every
one thousand (1,000) square feet of impervious area. For impervious
areas not evenly divisible by one thousand (1,000) square feet, the
required storage volume shall be apportioned accordingly. Details
and location of the drywell facility shall be shown on the grading
plan. Impervious areas with less than two hundred (200) square feet
computed on a horizontal basis will be exempt from this requirement.
k.
Drainage provisions shall accommodate increased runoff and minimize
adverse impact on adjoining properties resulting from proposed modified
soil and surface conditions, during and after development or any land
disturbance.
l.
Whenever feasible, natural vegetation shall be retained and protected.
All required vegetative or tree protection fencing shall be installed
prior to land disturbance.
m.
Permanent final plant cover or lawn or ground cover shall be installed
on any site prior to the issuance of a certificate of occupancy. In
the event that such permanent final plant cover cannot be installed
because of conditions of weather, the installation thereof shall be
enforced by appropriate provisions in a performance guarantee or other
security and improvement agreements. If permanent protection and cover
has not been and cannot be installed, temporary measures in accordance
with the Standards for Soil Erosion and Sediment Control in New Jersey
as promulgated by the State Soil Conservation Committee must be installed
until such time as permanent measures can be installed.
n.
Either temporary seeding, mulching, plant cover or other suitable
stabilization measures shall be used to protect exposed critical erosion
areas during construction or other land disturbance.
o.
Any work in the Township's right-of-way shall require a Township
road opening permit (obtained from the Department of Public Works)
to have been issued before the work commences.
p.
Storm drainage running offsite shall, where possible, be controlled
and connected to the Township's underground storm sewer system.
q.
Land disturbance work shall be conducted in a manner as to prevent
the deposit of dirt upon any public street in the Township, and in
the event of such deposit the applicant and the applicant's contractors
shall be obligated to remove the dirt and clean the street where the
dirt was deposited.
[Ord. No. 2439-15]
The Township Engineer and Township Forester shall make inspections
and issue their final reports to the Construction Official upon application
for a certificate of occupancy. All improvements on the approved plan
shall be required to be inspected by the Engineering Department and/or
Forester. The applicant shall schedule all required inspections.
[Ord. No. 2439-15]
The Township Engineer, or for minor grading permits, the Construction
Code Official, may waive the plan or design requirements of this Chapter,
in whole or in part, if sufficient evidence is submitted to support
a conclusion that a certain requirement need not be met. In passing
upon requests for waivers, the Township Engineer or Construction Code
Official shall consider all technical evaluations, relevant factors
and standards specified in this Chapter.
[Ord. No. 2439-15]
All necessary soil erosion, sediment control measures and storm
detention systems installed under this Chapter shall be adequately
maintained by the applicant and all subsequent owners of the property
on which such measures have been installed, until the possibility
of soil erosion and sediment pollution no longer exists.
[Ord. No. 2439-15]
The requirements of the Code shall be enforced by the Code Enforcement
Officer at the direction of the Township Administrator (or his designee)
or the Township Engineer (or his designee) or the Township Forester.
For the violation of the provisions of this Chapter, unless a specific
penalty is otherwise provided in connection with the provision violated,
the maximum penalty upon conviction of the violation shall be one
or more of the following: a fine not exceeding two thousand dollars
($2,000.00); imprisonment in the County Jail for a period not exceeding
ninety (90) days; or to a period of community service not exceeding
ninety (90) days, at the discretion of the Municipal Court Judge.
