[Ord. No. 7-77 Art. 1; Ord. No. 2010-3]
This chapter is adopted pursuant to the provisions of the Soil
Erosion and Sediment Control Act, Chapter 251 of the New Jersey Public
Laws of 1975, N.J.S.A. 4:24-39 and following, and the regulations
adopted thereunder.
[Ord. No. 7-77 Art. 1; Ord. No. 2010-3]
This chapter shall be known and may be cited as the "Soil Erosion,
Sediment Control and Flood Prevention Ordinance of the Township of
Chatham."
[Ord. No. 7-77 Art. 2; Ord. No. 2010-3]
To promote the public health, safety, convenience and general
welfare of the Township through the protection of environmental resources
by preventing floods and controlling soil erosion, sedimentation and
related environmental damage resulting from, but not necessarily limited
to, the disturbance of land or earth by construction activities such
as those for housing, commercial, utility, highway, public works and
other similar developments.
The specific purposes of this chapter are to require adequate
provisions for:
a.
The protection of the water quality of streams.
b.
The prevention of danger to life and property from flooding resulting
from excessive runoff and sedimentation of waterways and drainage
facilities.
c.
The detention of surface waters, including both temporary and permanent
measures.
d.
Maintaining the useful life of brooks, streams, ponds and lakes by
preventing sedimentation.
e.
Preserving the recreational use of water bodies for swimming and
fishing.
f.
Reducing public expenditures for repair and maintenance of public
facilities resulting from flooding, soil erosion and sedimentation.
g.
Conserving the taxable value of property by preserving the environmental
character of the Township.
[Ord. No. 7-77 Art. 3; Ord. No. 2001-017 § 1; Ord. No. 2010-3]
As used in this chapter:
Shall mean a request for a review of a Township function.
Shall mean a person requesting the issuance of a land disturbance
permit.
Shall mean a submission meeting the requirements of a complete
application, as hereinafter defined.
Shall mean a proposed subdivision of land, site plan, conditional
use zoning variance, planned unit development or construction permit.
Shall mean a Plan, as hereinafter defined, which has been
reviewed and approved by the proper Township authority.
Shall mean a written and signed statement by the Township
Engineer that specific construction and/or land treatment measures
required by a Plan, as hereinafter defined, have been performed in
accordance with all of the terms and conditions therefore and in accordance
with State standards, as hereinafter defined, and the provisions of
this chapter.
Shall mean the State Soil Conservation Committee is the Department
of Agriculture established pursuant to N.J.S.A. 4:24-39 et seq.
Shall mean the submission to the Township Clerk of the following:
(a) an application form completed and executed by the applicant; (b)
a Plan, as hereinafter defined; (c) all required accompanying documents,
and (d) the appropriate filing fee.
Shall mean a land use permitted under the Land Development
Ordinance of the Township of Chatham but only upon the issuance of
an authorization therefor by the Township Planning Board or Zoning
Board of Adjustment.
Shall mean a permit issued for a building or structure in
accordance with the State Uniform Construction Code Act and regulations
promulgated thereunder.
Shall mean an area which has a high potential for erosion,
sedimentation or related environmental damage, or an area which has
experienced such damage.
Shall mean a portion of land surface or area from which earth
has been removed or will be removed by excavation; the depth below
original ground surface to excavated surface.
Shall mean a pond, basin or other structure or measure that
provides for temporary storage of stormwater and which includes a
spillway or other facility to release the water at a controlled rate
of flow.
Shall mean any activity involving the clearing, excavation,
storing, grading, filling or transporting of soil or any other activity
which causes soil to be exposed to the danger of erosion.
Shall mean a channel with or without a supporting ridge on
the lower side constructed across or at the bottom of a slope.
Shall mean a manmade deposit of soil, rock or other materials.
Shall mean the detachment, wearing away or movement of soil
or rock fragments by the action of water, wind, ice or gravity.
Shall mean any act by which soil or rock is cut into, dug,
quarried, uncovered, removed, displaced or relocated.
Shall mean the vertical location of the existing ground surface
prior to cutting or filling.
Shall mean a plan developed in accordance with the Morris
County Soil Conservation District which provides for use of land,
within its capabilities and treatment, within practical limits, according
to chosen use to prevent further deterioration of soil and water resources.
Shall mean a manmade deposit of soil, rock or other materials.
Shall mean the final grade or elevation of the ground surface
conforming to a proposed design.
Shall mean the land bordering or adjacent to a river, stream,
brook, lake, pond, swamp or other waterway which is subject to flooding
as evidenced by (a) observed or recorded flood events; (b) alluvial
soil as shown on soil maps; or (c) as determined by other soil or
hydraulic studies.
Shall mean any department, commission, independent agency
or instrumentality of the United States or of the State of New Jersey,
and any County or other governmental unit.
Shall mean any stripping, cutting, filling or stockpiling,
or any combination thereof, this term including the land in its cut
or filled condition.
Shall mean the State Soil Conservation Committee.
Shall mean any ground, soil or earth including marshes, swamps,
drainage ways and areas not permanently covered by water.
Shall mean any activity involving the clearing, cutting,
excavation, grading, filling, storing, transporting of land or any
other activity which causes land to be exposed to the danger of erosion.
Shall mean a governmental subdivision of this State, which
encompasses the Township, organized in accordance with the provisions
of N.J.S.A. 4:24-1 and following.
Shall mean the application of plant or other suitable materials
on the soil surface to conserve moisture, hold soil in place and aid
in establishing plant cover.
Shall mean the existing surface of land prior to any land
disturbance.
See Soil erosion and sediment control permit.
Shall mean any individual, partnership, corporation or other
legal entity, including a government agency.
See Soil Erosion, Sediment Control and Flood Prevention Plan.
Shall mean any planned development that may be permitted
under the provisions of the Land Development Ordinance of the Township.
Shall mean an engineer duly registered or licensed by the
State of New Jersey to practice in the field of civil engineering.
Shall mean any disturbance of more than 5,000 square feet
of the surface area of land (1) for the accommodation of construction
for which the State Uniform Construction Code would require a construction
permit, except that the construction of a single-family dwelling unit
shall not be deemed a "project" under this act unless such unit is
part of a proposed subdivision, site plan, conditional use, zoning
variance, planned development or construction permit application involving
two or more such single-family dwelling units, (2) for the demolition
of one or more structures, (3) for the construction of a parking lot,
(4) for the construction of a public facility, (5) for the operation
of any mining or quarrying activity, or (6) for the clearing or grading
of any land for other than agricultural or horticultural purposes.
Shall mean any building, pipeline, highway, electricity,
telephone, or other transmission line; or any other structure to be
constructed by a public utility, municipality, county of the State
or any agency or instrumentality thereof.
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 erosion.
Shall mean a pond, basin or other structure or measure that
provides for the detention of water and the deposit of sediment.
Shall mean a lot, tract or parcel of land or a combination
of contiguous lots, tracts or parcels of land.
Shall mean a plan for the development of one or more lots
required to be reviewed and approved in accordance with the provisions
of the Site Plan Review and Approval Ordinance of the Township.
Shall mean the degree of deviation of a surface from the
horizontal usually expressed in percent or degree.
Shall mean all unconsolidated mineral and organic material
of whatever origin which overlies bedrock and which can be readily
excavated.
Shall mean a permit issued pursuant to the provisions of
this chapter authorizing land disturbance subject to the terms and
conditions of the permit.
Shall mean a plan (referred to in this chapter by the term
"Plan") which indicates construction and/or land treatment measures,
including a schedule of the timing for their performance, to effectively
prevent floods and minimize soil erosion and sedimentation. Every
Plan shall meet or exceed State standards as hereinafter defined.
Shall mean a professional engineer who is qualified by education,
training and experience to practice applied soil mechanics and foundation
engineering.
Shall mean State standards.
Shall mean standards for soil erosion and sediment control
in New Jersey as promulgated by the State Soil Conservation Committee.
Shall mean any activity which removes or significantly disturbs
vegetated or otherwise stabilized soil surface, including clearing
and grubbing operations.
Shall mean the division of a lot, tract or parcel of land
into two or more lots, tracts or parcels in accordance with provisions
of the Land Subdivision Ordinance of the Township.
Shall mean stabilization of erosion or sediment-producing
areas of land.
Shall mean stabilization of erosive or sediment-producing
areas of land by covering the soil with one or more of the following:
(a) permanent seeding or permanent plantings producing long-term vegetative
cover; (b) short-term seeding or short-term plantings producing temporary
vegetative cover; and (c) sodding, producing areas covered with a
turf or perennial sod-forming grass.
Shall mean a natural or artificial river, stream, brook,
ditch, channel, conduit, gully, drain, culvert, ravine, wash or other
waterway in which water flows in a definite direction or course, either
continuously or intermittently, within a definite channel, and including
any area adjacent thereto subject to inundation by reason of overflow
of flood water.
Shall mean any land use which may be permitted as a departure
from the provisions of the Land Development Ordinance of the Township.
For the purposes of this chapter the word "shall" indicates
a mandatory requirement, and the word "may" indicates a permissive
action.
Any word or term not defined by this section is to be given
its usual or common meaning.
[Ord. No. 7-77 Art. 4; Ord. No. 2001-017 § 1; Ord. No. 2010-3]
[Ord. No. 2010-3]
a.
The Township adopts and hereby incorporates into these rules by reference
as standards for soil erosion and sediment control those standards
published in the "Standards for Soil Erosion and Sediment Control
in New Jersey," and identified as adopted or revised on April 12,
1999 as the technical basis for local soil conservation district certification
of soil erosion and sediment control plans. Specifically, these standards
include the following:
1.
Vegetative Standards.
Acid Soil Management, Adopted April 12, 1999
Dune Stabilization, Revised April 12, 1999
Maintaining Vegetation, Revised April 12, 1999
Permanent Vegetative Cover for Soil Stabilization, Revised April
12, 1999
Stabilization with Mulch Only, Revised April 12, 1999
Stabilization with Sod, Revised April 12, 1999
Temporary Vegetative Cover for Soil Stabilization, Revised April
12, 1999
Topsoiling, Revised April 12, 1999
Tree Protection during Construction, Revised April 12, 1999
Trees, Shrubs and Vines, Revised April 12, 1999
2.
Engineering Standards.
Channel Stabilization, Revised April 12, 1999
Conduit Outlet Protection, Revised April 12, 1999
Detention Basin, Revised April 12, 1999
Dewatering, Adopted April 12, 1999
Diversions, Adopted April 12, 1999
Dust Control, Revised April 12, 1999
Grade Stabilization Structure, Revised April 12, 1999
Grassed Waterway, Revised April 12, 1999
Land Grading, Revised April 12, 1999
Lined Waterway, Revised April 12, 1999
Offsite Stability Analysis, Revised April 12, 1999
Parking Lot Storage, Revised April 12, 1999
Riprap, Revised April 12, 1999
Rooftop Storage, Revised April 12, 1999
Sediment Barrier, Revised April 12, 1999
Sediment Basin, Revised April 12, 1999
Slope Protection Structures, Revised April 12, 1999
Soil Bioengineering, Adopted April 12, 1999
Stabilized Construction Access, Revised April 12, 1999
Storm Sewer Inlet Protection, Revised April 12, 1999
Stream Crossing, Revised April 12, 1999
Subsurface Drainage, Adopted April 12, 1999
Traffic Control, Revised April 12, 1999
Turbidity Barrier, Revised April 12, 1999
Underground Detention Storage, Revised April 12, 1999
3.
Copies of the standards may be obtained by contacting the Township
Clerk or the State Soil Conservation Committee of any of the soil
conservation districts as follows:
(a)
Bergen County Conservation District
(b)
Burlington County Soil Conservation District
(c)
Camden County Soil Conservation District
(d)
Cape-Atlantic Soil Conservation (Cape May and Atlantic Counties)
(e)
Cumberland County Soil Conservation District
(f)
Freehold Soil Conservation District (Middlesex and Monmouth
Counties)
(g)
Gloucester County Soil Conservation District
(h)
Hudson, Essex and Passaic Soil Conservation District (Hudson,
Essex and Passaic Counties)
(i)
Hunterdon County Soil Conservation District
(j)
Mercer County Soil Conservation District
(k)
Morris County Soil Conservation District
(l)
Ocean County Soil Conservation District
(m)
Salem County Soil Conservation District
(n)
Somerset-Union Soil Conservation District (Somerset and Union
Counties)
(o)
Sussex County Soil Conservation District
(p)
Warren County Soil Conservation District
b.
Where it can be satisfactorily demonstrated by the applicant that
unique or innovative control measures or procedures not specified
in this chapter may be applicable to specific sites, such measures
may be proposed for consideration and utilized subject to approval
by the Township and the State Soil Conservation Committee. To secure
such approval, a written request shall be sent to the Township and
State Soil Conservation Committee describing the unique or innovative
control measure or procedure and its proposed function or use on the
project. Such approval may be granted only where it is determined
that strict application of the standards as herein specified will
not result in the most practical and effective control of soil erosion,
sedimentation and stormwater damages.
[Ord. No. 7-77 Art. 5; Ord. No. 15-91 § 1; Ord. No. 99-027 § 1; Ord. No. 2010-3]
The following projects are exempt from the provisions of this
chapter:
a.
The construction of a single-family dwelling unit where such unit
is not part of a proposed subdivision, site plan, conditional use,
zoning variance, planned development or construction permit application
involving two or more such single-family dwelling units.
b.
Land disturbance in accordance with a farm conservation plan.
c.
The planting and harvesting of crops, plants, flowers or shrubs in
fields or areas devoted to such use prior to the adoption of this
chapter.
d.
Road and road shoulder maintenance work performed by the Township
Department of Public Works.
e.
Projects exempt from the requirements of State law.
[Ord. No. 7-77 Art. 6 § 6.01; Ord. No. 2001-017 § 1; Ord. No. 2010-3]
a.
If the project subject of the application involves a conditional
use, planned development, site plan, subdivision, subdivision or zoning
variance, the application for soil erosion and sediment control permit
shall be reviewed and acted upon by the Township Planning Board.
b.
All other applications for soil erosion and sediment control permits
shall be reviewed and acted upon by the Township Engineer.
c.
In addition to the foregoing, all public facility projects shall
be submitted to the Morris Soil Conservation District for review,
certification and enforcement.
d.
Notwithstanding the provisions of the preceding paragraph of this subsection 21-6.1, whenever the Zoning Board of Adjustment is reviewing an application for approval of a use variance pursuant to the provisions of N.J.S.A. 40:55D-70(d), such Board shall review and act upon any application for a soil erosion and sediment control permit, and accordingly in such cases whenever the words "Planning Board" appear in this chapter they shall be read as "Zoning Board of Adjustment."
[Ord. No. 7-77 Art. 6 § 6.02; Ord. No. 2010-3]
An applicant shall obtain application forms from the Township Clerk. The form shall require among other information the name of the applicant, the site location by street address and block and lot number, the proposed use of the site, any related applications for land use development approval and sufficient information for calculation of the filing fee required by subsection 21-6.4. The form shall also provide adequate space for approval or disapproval as well as the insertion for special provisions as terms and conditions of approval and the amount of any performance guarantee required.
[Ord. No. 7-77 Art. 6 § 6.03; Ord. No. 2001-017 § 1; Ord. No. 2010-3]
Every application for a soil erosion and sediment control permit shall be accompanied by a Plan meeting the requirements set forth in this subsection 21-6.3.
a.
The Plan. The Plan shall comprise a map and written report (together
with whatever other instruments, writings, drawings, plans or specifications
are necessary or appropriate under the circumstances) which fully
and adequately describe both temporary and permanent measures to be
employed to control, minimize and protect against soil erosion, sedimentation
and flooding from a proposed land disturbance, taking into account
the particular nature and characteristics of the land, the surrounding
area, the watercourses, the land disturbance and the development involved.
The Plan shall cover all stages and aspects of the proposed land disturbance
and planned development from grading, stripping, excavation and other
site preparation through and including both finished grade and the
installation of permanent improvements. It shall accordingly include
a timing schedule or schedules indicating both:
1.
The anticipated starting and completion dates of each step in the
land disturbance and development sequence and the time of exposure
of each land area prior to the completion of effective erosion and
sediment control measures, and
2.
The sequence of installation of planned erosion and sediment control
measures as related to the disturbance and development sequence referred
to in paragraph 1 above, including anticipated starting and completion
dates of such installations.
The Plan shall include a soil map prepared by the Natural Resources
Conservation Service upon which the proposed development shall be
superimposed. The soil boundaries shall also be shown on the Plan.
b.
General Conditions.
1.
It shall be the responsibility of the applicant to design his project
so as to maintain as nearly as possible in its present state and condition
any stream, watercourse, swale, floodplain, wetland, swamp, pond or
lake.
2.
The maintenance or repair of any of the above or of drainage facilities
damaged or otherwise adversely affected by reason of the applicant's
project shall be the responsibility of the applicant. Such maintenance
or repair work shall be promptly performed.
3.
It shall be the responsibility of the applicant to promptly remove
sediment from any stream or watercourse, pond, lake, or drainage facility
resulting from the applicant's project.
4.
No person shall block, impede the flow of, alter or construct any
structure or deposit any material or thing or commit any act which
will affect normal or flood flow in any stream or watercourse without
having obtained a soil erosion and sediment control permit and, where
required, prior approval from the Morris County Soil Conservation
District or other State agency.
5.
All drainage or stormwater facilities proposed by the applicant or
to be utilized by the applicant, including the discharge area, shall
have the capacity to transport runoff from the drainage area as if
such area were fully developed in accordance with the Master Plan
and Land Development Ordinance of the Township.
6.
An objective of the Plan shall be to maximize groundwater recharge
and to minimize runoff, as well as the retention of sediment to the
maximum extent feasible.
c.
Soil Erosion and Sediment Control Measures. Soil erosion and sediment
control measures shall as a minimum utilize and meet standards for
soil erosion and sediment control in New Jersey as promulgated by
the State Soil Conservation Committee.
In addition, to the extent applicable in particular situations,
the following measures or considerations shall be incorporated in
the Plan:
1.
The smallest practicable area of land shall be disturbed at any one
time during development and the duration of such disturbance shall
be kept to a practical minimum.
2.
Whenever feasible, natural vegetation and the natural ground surface
shall be retained and protected.
3.
Temporary vegetative protection, plant cover or mulching, or a combination
thereof, shall be used to protect erosion areas during development.
4.
Diversions and outlets, both temporary and permanent, shall be constructed
or installed to accommodate the runoff caused by the changed soil
and surface conditions during and after development.
5.
Disturbed soil shall be stabilized as quickly as practicable.
6.
Until the disturbed area is stabilized, sediment in the runoff water
shall be trapped and removed by the use of debris basins, sediment
basins, desilting basins, silt traps or other acceptable methods.
7.
Whenever feasible, development shall preserve natural features and
existing grades, thereby keeping grading, stripping and excavation
to a minimum.
8.
Adequate provisions shall be made to minimize surface water from
damaging slopes and embankments. Diversions may be utilized for this
purpose.
9.
Fill shall be placed and stabilized so as to minimize erosion and
shall not encroach on watercourses closer than 100 feet unless specifically
approved.
10.
During grading operations, approved methods for dust control shall
be exercised.
11.
During grading, excavation and other construction activities, slopes
and embankments shall be stabilized by mulching with straw sprayed
with an asphalt mixture, or jute matting staked in position, or a
seeding with vegetative types consistent with the current Standard
for Temporary Vegetative Cover for Soil Stabilization, 7-1, or a combination
of the foregoing, or other acceptable method.
12.
Permanent (final) vegetative protection, plant cover, lawn or ground
cover, and mechanical erosion control devices and measures shall be
installed or constructed and completed as soon as practicable.
13.
Permanent improvements, such as pavement, catch basins, curbs and
the like, shall be installed or constructed and completed as soon
as practicable.
14.
Permanent detention ponds shall be constructed whenever feasible
to temporarily retain the increased runoff resulting from modifications
to the land. Such detention facilities shall conform with the New
Jersey Soil Erosion and Sediment Control, except where adverse site
conditions prevent the practical construction of such facilities and
such requirement is waived by the Township Engineer. The Township
Engineer shall approve all plans for detention facilities and such
plans shall also be approved by the County of Morris and agencies
of the State of New Jersey when required.
d.
Qualifications of Preparer of Plan. The Plan shall be prepared by
a professional engineer or soil engineer and shall be signed and sealed
by the person who prepared it.
[Ord. No. 7-77 Art. 6 § 6.04; Ord. No. 15-91 § 2; Ord. No. 97-039 § 1; Ord. No. 2001-017 § 1; Ord. No. 2010-3]
Every application for a soil erosion and sediment control permit, or substantively revised application as determined by the Township Engineer, shall be accompanied by a fee payable to the Township in the amount of $150, provided, however, that if the application is made in connection with an application for the development of land pursuant to the Land Development Ordinance of the Township of Chatham then no separate application fee shall be required for the soil erosion and sediment control permit as the application will be processed as a part of the application for the development of land and will be subject to the technical review fees provided by subsection 30-17.1b of the Land Development Ordinance of the Township of Chatham.
[Ord. No. 7-77 Art. 6 § 6.05; Ord. No. 2001-017 § 1; Ord. No. 2010-3]
The Township shall carry out the provisions of N.J.S.A. 4:24-43,
-44, -45.
a.
No project shall be undertaken by any person, partnership, or corporation,
or other private agency unless the applicant has submitted to the
Township with local jurisdiction a plan for soil erosion and sediment
control for such project, and the plan has been certified by the Township
as conforming to the standards promulgated by the State Soil Conservation
Committee. The plan shall provide for the control of soil erosion
and sedimentation and utilize the standards for soil erosion and sediment
control adopted by the Committee.
b.
A complete application for a soil erosion and sediment control permit
shall be filed with the Township Clerk.
1.
If the application is within the jurisdiction of the Township Planning
Board, the applicant shall file seven copies of the application form
accompanied by 13 copies of the Plan and any other required documents.
2.
If the application is within the jurisdiction of the Township Engineer,
the applicant shall file six copies of the application form accompanied
by six copies of the Plan and any other required documents.
3.
All applications within the jurisdiction of the Planning Board shall
be filed at least 21 days before a monthly meeting of the Board at
which formal action is taken, provided that no applications shall
be accepted by the Township Clerk more than 28 days prior to the date
of the meeting selected to meet such twenty-one day requirement.
4.
Upon receiving an application within the jurisdiction of the Planning
Board, the Township Clerk shall note the date of submission on all
copies of the application form, shall retain one copy of the application
form together with one copy of the Plan and any other accompanying
documents, shall forward one copy of the application form together
with one copy of the Plan and any other accompanying documents to
the Township Engineer, and shall deliver four copies of the application
form together with 10 copies of the Plan and any other accompanying
documents to the Secretary of the Planning Board. The Township Clerk
shall also forward one copy of the application form together with
one copy of the Plan and any other accompanying documents to the Township
Environmental Commission.
5.
Upon receiving an application within the jurisdiction of the Township
Engineer, the Township Clerk shall note the date of submission on
all copies of the application form, shall retain one copy of the application
form together with one copy of the Plan and any other accompanying
documents, shall forward one copy of the application form together
with one copy of the Plan and any other accompanying documents to
the Planning Board for informational purposes, and shall deliver four
copies of the application form together with four copies of the Plan
and any other accompanying documents to the Township Engineer.
c.
No project shall be undertaken by any person, partnership, or corporation,
or other private agency unless the applicant has submitted to the
Township a plan for soil erosion and sediment control for such project,
and the plan has been certified by the Township as conforming to the
standards promulgated by the State Soil Conservation Committee. The
plan shall provide for the control of soil erosion and sedimentation
and utilize the standards for soil erosion and sediment control adopted
by the Committee.
d.
Approval by a municipal officer or agency for an application for
development for any project shall be conditioned upon certification
by the Township for a plan for soil erosion and sediment control.
e.
The Township shall review all soil erosion and sediment control plans
submitted with a complete application and provide the applicant with
a written notice indicating that:
f.
The Township shall include in the notice of certification on the
certified plan the following clause: "This certification is limited
to the controls specified in this plan. It is not authorized to engage
in the proposed land use unless such use has been previously approved
by the municipality or other controlling agency.
g.
The Township shall furnish the municipal planning board a copy of
the certification or denial including all conditions and statements.
h.
The Township shall grant or deny certification within 30 days from
submission of a complete application. The Township may be granted
an additional thirty-day review period through mutual written agreement
with the applicant. Failure of the Township to grant or deny certification
within such period of such extension thereof shall constitute certification.
i.
The Township shall require a new submission of the plan and application
when a major revision is made.
[Ord. No. 7-77 Art. 6 § 6.06; Ord. No. 2010-3]
a.
Whenever it appears subsequent to submission to the Township Clerk
that an application is incomplete, the Secretary of the Planning Board
or the Township Engineer, as the case may be, shall promptly notify
the applicant of the deficiencies, but if such notice is not given
to the applicant within 28 days after submission the application shall
be deemed to be complete.
[Ord. No. 7-77 Art. 6 § 6.07; Ord. No. 2001-017 § 1; Ord. No. 2010-3]
Whenever an applicant is seeking one or more related approvals
for a project from the Township Planning Board, Zoning Board of Adjustment
or Township Engineer, the application for a soil erosion and sediment
control permit shall be submitted as directed by the Planning Board
or Township Engineer at the time when the status of the related approval
or approvals will permit the application for a soil erosion and sediment
control permit to be properly evaluated. Premature submission of an
application for a soil erosion and sediment control permit constitutes
grounds for denial of the application accompanied by a direction for
resubmission at an appropriate time.
[Ord. No. 7-77 Art. 7 § 7.01; Ord. No. 2001-017 § 1; Ord. No. 2010-3]
a.
Applications for soil erosion and sediment control permits within
the jurisdiction of the Planning Board shall be reviewed by the Planning
Board and the Township Engineer. The Township Engineer shall furnish
comments on the application to the Planning Board within 14 days after
the submission of the application unless the Planning Board advises
the Township Engineer of a longer period of time for his review. The
Planning Board may refer an application to the Morris County Soil
Conservation District, the Township Environmental Commission or any
other qualified governmental agency or agencies or consultants for
review and comments within a period of time indicated by the Planning
Board.
b.
Applications within the jurisdiction of the Township Engineer shall
be reviewed by the Township Engineer. An application may be referred
by the Township Engineer to the Morris County Soil Conservation District
or any other qualified governmental agency or agencies or consultants
for review and comments within a period of time indicated by the Township
Engineer.
c.
The purpose of every review shall be to determine whether or not
the application, Plan and any other accompanying documents meet the
standards for soil erosion and sediment control in New Jersey as promulgated
by the State Soil Conservation Committee and any higher standards
established by this chapter.
[Ord. No. 7-77 Art. 7 § 7.02; Ord. No. 2010-3]
a.
An application within the jurisdiction of the Planning Board shall be approved by the Planning Board if upon review the Board determines that the application meets the standards referred to in subsection 21-7.1. An application within the jurisdiction of the Township Engineer shall be approved by the Township Engineer if upon review he determines that the application meets such standards.
b.
In the event that an application does not meet the standards referred to in subsection 21-7.1, the Planning Board or the Township Engineer, as the case may be, may approve the application subject to the imposition of terms and conditions which will provide for compliance with such standards. Any such terms and conditions shall be endorsed upon or attached to the application before approval is granted.
c.
Other special terms and conditions may be imposed upon an application
by the approving authority in order to assure proper implementation
of the Plan in accordance with the intent and purposes of this chapter
and may include fixing the time schedule for exposure of land areas
and for the construction and installation of improvements or the taking
of other measures to prevent soil erosion sedimentation and flooding
and may require that such work be completed prior to any site development
work.
d.
All terms and conditions imposed by the Planning Board or Township
Engineer, as the case may be, shall become a part of the approved
Plan for all purposes of the provisions of this chapter.
e.
As to every application which is approved, the approving authority shall endorse thereon the amount of the performance guarantee required pursuant to the provisions of subsection 21-8.1 of this chapter.
f.
If an application is disapproved, the reason for disapproval shall
be endorsed upon or attached to the application.
g.
As soon as any application has been reviewed and acted upon, three
copies of the application with endorsements or attachments shall be
forwarded to the Township Clerk. The Township Clerk shall promptly
notify the applicant in writing of the action taken by the Planning
Board or Township Engineer, as the case may be, indicating whether
the application was approved as submitted, approved subject to attached
conditions, or denied for reasons stated. In cases of approval, the
Township Clerk shall also notify the applicant of the amount of the
performance guarantee required to be furnished to the Township.
h.
The Township Clerk shall also notify the Township Environmental Commission
of action taken by the Planning Board on applications within its jurisdiction.
[Ord. No. 7-77 Art. 7 § 7.03; Ord. No. 2001-017 § 1; Ord. No. 2010-3]
a.
The Township Planning Board or Township Engineer, as the case may
be, shall approve or disapprove the application for a soil erosion
and sediment control permit within a period of 30 days after the submission
of a complete application to the Township Clerk, unless by mutual
agreement in writing between the applicant and the reviewing authority
the period of 30 days is extended for an additional period of 30 days.
b.
Failure to approve or disapprove a complete application within such period or such extension thereof shall constitute approval of the application, and the applicant shall be entitled to the issuance of a soil erosion and sediment control permit by the Township Clerk as though the application had been approved pursuant to the provisions of subsection 21-7.2 in the form in which the application was submitted.
c.
For purposes of this subsection, a major revision by the applicant
of the Plan accompanying the application shall constitute a new submission
of an application by the applicant.
d.
The provisions of this subsection shall not relieve an applicant of the obligation to furnish a performance guarantee as required by subsection 21-8.1, nor shall the provisions of this subsection relieve an applicant of any other obligation imposed by this chapter upon a person to whom a soil erosion and sediment control permit is issued.
[Ord. No. 7-77 Art. 7 § 7.04; Ord. No. 2010-3]
Immediately following action by the Township Planning Board or Township Engineer, as the case may be, pursuant to subsection 21-7.2, whether such action constitutes approval or disapproval, the Township Clerk shall forward one of the three complete applications received from the Planning Board or Township Engineer to the Morris County Soil Conservation District, together with such other information as the District may require.
In the event that an applicant obtains approval by inaction under the provisions of subsection 21-7.3, the Township Clerk shall obtain from the Planning Board or Township Engineer, as the case may be, two complete applications, and the Township Clerk shall forward one complete application to the Morris County Soil Conservation District, together with a statement of approval by inaction and such other information as the District may require.
[Ord. No. 7-77 Art. 8 § 8.01; Ord. No. 2001-017 § 1; Ord. No. 2010-3]
a.
Following approval of an application for a soil erosion and sediment control permit and prior to the issuance of the permit, the applicant shall furnish the Township with a performance guarantee in an amount specified by the Township Planning Board or Township Engineer on the approved application or as fixed by the Township Engineer in the event of approval by inaction as provided in subsection 21-7.3.
b.
A performance guarantee shall not be required to exceed 120% of the
total cost of the improvements and measures called for by the approved
Plan, as the total cost thereof shall be estimated by the Township
Engineer.
c.
The performance guarantee shall set forth the date or dates on or
before which the improvements are to be constructed or installed or
on or before which specified measures are to be taken.
d.
The performance guarantee shall provide that if the Township shall obtain injunctive relief pursuant to the provisions of Section 21-12 of this chapter against the person to whom the soil erosion and sediment control permit issued, funds necessary to effect compliance with such relief shall be immediately available to the Township.
e.
The performance guarantee shall also assure the payment of all inspection fees for the project as required by subsection 21-9.5.
f.
The performance guarantee may be in the form of a surety bond issued by a surety company authorized to do business in New Jersey, or the applicant may elect to deposit funds with the Township by certified check, such funds to be held in a separate interest-bearing account pursuant to a cash deposit agreement between the Township and the applicant. All performance guarantees shall be subject to approval by Township Attorney as to form, sufficiency and execution. Performance guarantees shall be released as provided in subsection 21-10.3.
[Ord. No. 7-77 Art. 8 § 8.02; Ord. No. 2001-017 § 1; Ord. No. 2010-3]
Upon receipt of an approved application, or upon approval by reason of inaction as provided in subsection 21-7.3 and the receipt of a performance guarantee meeting the requirements of subsection 21-8.1, the Township Clerk shall issue a soil erosion and sediment control permit to the applicant. The Township Clerk shall attach to the permit a copy of the complete application as approved, including the Plan and all accompanying documents.
[Ord. No. 7-77 Art. 9 § 9.01; Ord. No. 2001-017 § 1; Ord. No. 2010-3]
A person to whom a soil erosion and sediment control permit
has been issued shall be responsible for the performance of all work
in strict conformity with the approved Plan and all terms and conditions
thereof, including the time schedule for exposure of land areas and
for the construction and installation of improvements or the taking
of other measures to prevent soil erosion, sedimentation and flooding.
[Ord. No. 7-77 Art. 9 § 9.02; Ord. No. 2001-017 § 1; Ord. No. 2010-3]
a.
The Township Engineer shall inspect every project for which a soil
erosion and sediment control permit has been issued. The Township
Engineer shall be responsible for enforcing compliance with the permit
and the provisions and requirements of this chapter.
b.
To assist in making inspections, a copy of the soil erosion and sediment
control permit to which is attached a complete copy of the application
with the accompanying Plan and other documents as well as any terms
and conditions imposed by the approving authority shall be kept at
the site at all times during construction.
c.
Generally, inspections shall be conducted at the following times:
1.
Prior to any construction or measures, in order to check details
of location and field conditions.
2.
Intermittently during construction and vegetative protection measures.
3.
After completion of all construction and establishment of vegetation.
4.
At least three times during the maintenance period.
5.
At other times as may be necessary because of unsatisfactory conditions.
d.
The Township Engineer shall bring to the attention of the person
to whom a soil erosion and sediment control permit has been issued,
or to his agent in charge of work at the site, any deviations from
the approved Plan and any other violations of this chapter in order
that such deviations and violations may be immediately corrected.
[Ord. No. 7-77 Art. 9 § 9.03; Ord. No. 2001-017 § 1; Ord. No. 2010-3]
When in his judgment the circumstances warrant such action,
the Township Engineer may issue a stop work order to a person to whom
a soil erosion and sediment control permit has been issued or to his
agent in charge of work at the site. Thereupon, until all deviations
from the approved Plan and any other violations of this chapter have
been corrected, no work shall be carried on at the site except such
work as is necessary to effect such correction. If such deviations
and violations are not promptly corrected, the Township Engineer shall
bring the matter to the attention of the Township Administrator for
appropriate action by the Township.
[Ord. No. 7-77 Art. 9 § 9.04; Ord. No. 2010-3]
When deemed necessary or appropriate by reason of conditions
arising in the field during the course of the performance of work,
the Township Engineer may order or approve amendments, changes or
modifications of a minor nature in an approved plan.
[Ord. No. 7-77 Art. 9 § 9.05; Ord. No. 15-91 § 3; Ord. No. 2001-017 § 1; Ord. No. 2010-3]
In the event that the soil erosion and sediment control permit was issued in connection with the approval of an application for the development of land pursuant to the Land Development Ordinance of the Township of Chatham, no separate fee shall be required for the inspection of work performed pursuant to the permit by reason of the inspection fee provisions of subsection 30-17.6 of the Land Development Ordinance of the Township of Chatham.
In the event that the soil erosion and sediment control permit was not issued in connection with the approval of an application for the development of land pursuant to the Land Use Ordinance of the Township of Chatham, then there shall be no inspection fee for the initial inspection of work performed pursuant to the permit. If more than one inspection of a property is required to be made by the Township Engineer by reason of a failure to comply with the terms and conditions of the permit, then the owner of the property shall pay to the Township an inspection fee for each additional inspection, which fee shall be in accordance with the schedule of inspection fees established and from time to time amended by the Township Committee pursuant to the provisions of subsection 30-17.6 of the Land Development Ordinance of the Township of Chatham. All fees for any additional inspections shall be paid to the Township prior to the issuance of a certification of completion of work in accordance with subsection 21-9.6 of this chapter.
[Ord. No. 7-77 Art. 9 § 9.06; Ord. No. 2001-017 § 1; Ord. No. 2010-3]
a.
When the Township Engineer finds that all construction or installation
work and all measures required under an approved Plan have been fully
performed in accordance with all the terms and conditions thereof,
the Township Engineer shall issue a certification to that effect.
b.
The Township Engineer shall deliver five copies of every such certification
to the Township Clerk, who shall retain one copy and forward one copy
to each of the following: the person to whom the soil erosion and
sediment control permit was issued, the Township Construction Official,
the Secretary of the Township Planning Board, and the Morris County
Soil Conservation District.
c.
No Certificate of Occupancy shall be issued for any building or structure
which is part of a project for which a soil erosion and sediment control
permit has been issued until the aforementioned certification has
been received by the Township Construction Official.
[Ord. No. 7-77 Art. 10 § 10.01; Ord. No. 2001-017 § 1; Ord. No. 2010-3]
The person to whom a soil erosion and sediment control permit has been issued and the subsequent owners of the property subject of the permit shall be responsible for and shall maintain all construction and installation work and measures performed pursuant to the permit in good order for a period of two years following the issuance of the certification by the Township Engineer as provided in subsection 21-9.6.
[Ord. No. 7-77 Art. 10 § 10.02; Ord. No. 2001-017 § 1; Ord. No. 2010-3]
Following the issuance of the certification under subsection 21-9.6, the person to whom the soil erosion and sediment control permit was issued, or if such person is no longer the owner of the land comprising the project then the current owner or owners, shall furnish the Township with a maintenance guarantee in an amount of 15% of the total cost of the improvements and measures called for by the approved Plan, as the total cost thereof shall be estimated upon completion by the Township Engineer. The maintenance guarantee shall meet the other requirements established by subsection 21-8.1 for performance guarantees, and it shall guarantee the payment of inspection fees in accordance with subsection 21-9.5 during the maintenance period. The maintenance guarantee shall be released by the Township at the end of the two-year period provided that the maintenance obligation set forth in subsection 21-10.1 has been fulfilled.
[Ord. No. 7-77 Art. 10 § 10.03; Ord. No. 2010-3]
Upon the acceptance of a maintenance guarantee in accordance with the provisions of this section, the Township shall release the performance guarantee furnished in accordance with the provisions of Section 21-8.
[Ord. No. 2010-3]
a.
Any person who claims to be aggrieved by any decision or action of
the Township Planning Board or Township Engineer in the administration
of the provisions of this chapter may appeal to the Township Committee.
The procedure followed with respect to such appeal shall be as set
forth in Section 8 of the Municipal Land Use Law, N.J.S.A. 40:55-17.
b.
The State Soil Conservation Committee may, on its own motion or at
the request of any person aggrieved of any action by the District,
review the decision of the District and make whatever determinations
it deems appropriate in the matter. Any person aggrieved of any decision
of the District shall have 10 days to appeal to the State Soil Conservation
Committee or the District Board of Supervisors, which shall schedule
a hearing and make a determination within 45 days of the petition
for review. Any person against whom a stop-construction order is issued
by the District shall also have the right to appeal to the State Soil
Conservation Committee or to the District Board of Supervisors. Requests
for appeal shall be addressed to:
|
Secretary, State Soil Conservation Committee
PO Box 330
Trenton, NJ 08625
|
|
District Board of Supervisors
Morris County Soil Conservation District
Courthouse
P.O Box 900
Morristown, NJ 07960
|
c.
The Committee shall appoint and utilize the hearing office procedures
of the Department of Agriculture for fact-finding and recommendations
to the Committee.
[Ord. No. 7-77 Art. 12; Ord. No. 2010-3]
a.
If any person violates any of the provisions of this chapter, any
of the standards for soil erosion and sediment control in New Jersey
as promulgated by the State Soil Conservation Committee, or any standard
established by this chapter, or if any person fails to comply with
the provisions of an approved Plan, or any terms or conditions imposed
by the municipal authority approving such Plan, the Township may institute
a civil action in the Superior Court of New Jersey for injunctive
relief to prohibit and prevent such violation or violations and the
court may proceed in a summary manner.
b.
Any person who violates any of the provisions of this chapter, any
of the standards for soil and sediment control in New Jersey as promulgated
by the State Soil Conservation Committee, or any standard established
by this chapter, and any person who fails to comply with the provisions
of an approved Plan, or any terms or conditions imposed by the municipal
authority approving such Plan shall be liable to a penalty of not
less than $25 nor more than $3,000 to be collected in a summary proceeding
pursuant to the Penalty Enforcement Law (N.J.S.A. 2A:58-1 and following).
The Superior Court, County Court, County District Court and Municipal
Court shall have jurisdiction to enforce the Penalty Enforcement Law.
If the violation is of a continuing nature, each day during which
it continues shall constitute an additional separate and distinct
offense.
[Ord. No. 3-80, Preamble]
a.
The New Jersey Statutes, Title 40, Chapter 48, Section 2, provide
that municipalities may adopt ordinances, rules and regulations deemed
necessary and proper for the good government, order and protection
of persons and property and for the preservation of the public health,
safety and welfare of the municipality and its inhabitants.
b.
By reason of the physical nature and topography of the Township,
the use and development of properties in some sections of the Township
may require the filling of land.
c.
It is essential that any filling or covering of land shall be controlled
and regulated in order to prevent among other things;
1.
Detrimental interference with surface and storm water drainage;
2.
Creation of depressions and declivities where waters collect and
stagnate and where mosquitoes and other disease-carrying insects breed;
3.
Covering natural ground with material which will not support normal
vegetation;
4.
Creation of dangerous or porous conditions and breeding places for
rodents and other vermin;
5.
Air pollution;
6.
The adverse effects resulting from failure to properly complete a
landfill undertaking within a reasonable period of time; and
7.
Creation of detrimental conditions on adjacent lands.
d.
Any filling of land should be accomplished in such manner as to take
into consideration all significant factors relating to the particular
property and its future use and the surrounding area.
e.
The adverse effects of unregulated and uncontrolled filling of land
are apparent in the Township; and
f.
By virtue of the provisions of the Solid Waste Management Act, R.S.
13:1E-1 and following, the State of New Jersey regulates and controls
the filling of land with solid wastes.
[Ord. No. 3-80 Art. I]
By reason of the conditions and circumstances recited in subsection 21-20.1, it is hereby found and determined that it is necessary and proper for the good government, order and protection of persons and property and for the preservation of the public health, safety and welfare of the Township and its inhabitants that the filling or covering of land with material other than solid waste shall be regulated and controlled.
[Ord. No. 3-80 Art. II]
This section shall be known as the "Landfill Regulations of
the Township of Chatham."
[Ord. No. 3-80 Art. III]
Neither this section nor any of its provisions shall be construed as repealing or lessening the requirements of any statute, code, ordinance, rule or regulation of law relating to the use or development of land, including but not limited to Article I of this chapter, Control of Soil Erosion and Sedimentation and Chapter 22, the Tree Protection Ordinance of the Township of Chatham.
Any activity involving the clearing, cutting, excavation, grading, filling, storing or transporting of land or any other activity which causes land to be exposed to the danger of erosion constitutes a land disturbance subject to the provisions of Article I of this chapter, Control of Soil Erosion and Sedimentation.
Any activity affecting a tree as defined herein is subject to the provisions of Chapter 22, the Tree Protection Ordinance of the Township of Chatham.
The issuance of a permit under this article shall not relieve any owner of any property or any operator from compliance with the provisions of Article I, Control of Soil Erosion and Sedimentation in the event that the landfill is conducted in a manner that creates a land disturbance, nor shall the issuance of a permit under the Landfill Regulations of the Township of Chatham relieve any owner of any property or any operator from compliance with provisions of Chapter 22, the Tree Protection Ordinance in the event that the landfill is conducted in a manner that affects a tree as defined herein.
[Ord. No. 3-80 A IV; Ord. No. 17-80 § 1; Ord. No. 99-037 § 1; Ord. No. 2001-017 § 2]
The following activities or operations are exempt from the provisions
of this section:
a.
Any filling of land in accordance with a project for which a permit has been issued pursuant to Article I Control of Soil Erosion and Sedimentation.
b.
Any filling of land for purposes of complying with the final grades
established for a major subdivision or site plan by an approval granted
by the Township Planning Board or Zoning Board of Adjustment.
c.
Any filling of land for the purposes of complying with a lot grading plan approved pursuant to the provisions of subsection 30-96.20 of the Land Development Ordinance of the Township of Chatham.
d.
Filling of land involving less than 1,000 square feet of disturbance.
e.
Filling of land involving less than 20 cubic yards of fill.
[Ord. No. 3-80 A V; Ord. No. 17-80 § 1]
For purposes of this section, the following terms shall have
the meanings ascribed to them in this subsection unless different
meanings are clearly indicated by the context.
Shall mean any cover deposited on fill upon the termination
of a landfill or part thereof.
Shall mean hazardous solids and liquids, such as explosives,
radioactive materials and materials which are subject to spontaneous
combustion or which burn with intense heat or create smoke.
Shall mean any filling or raising the elevation of any property
or any part thereof by depositing or dumping upon such property any
earth, fill or material other than solid waste which is brought to
such property from outside the boundaries of the property.
Shall mean matter which by reason of its size, shape or construction
is not readily compacted with other material and will cause air spaces
and pockets in filled areas.
Shall mean any person who undertakes or conducts a landfill.
Shall mean any person who has any right, title or interest
in any property, and the singular shall include the plural.
Shall mean any individual, corporation, partnership, firm,
estate including the executors thereof, trust including the trustees
thereof, joint venture or other legal entity, municipality or other
governmental subdivision or body, and the singular shall include the
plural.
Shall mean any legally established and existing lot, parcel
or tract of land.
Shall mean solid waste as defined in R.S. 13:1E-3, namely,
garbage, refuse, and other discarded materials resulting from industrial,
commercial and agricultural operations, and from domestic and community
activities.
Shall mean the fertile portion of natural earth of a property
or any part thereof.
Shall mean the Township of Chatham in the County of Morris,
New Jersey.
Shall mean any woody perennial plant with a main stem or
trunk exceeding five inches in diameter measured at a point four feet
above the existing or normal ground level for such plant.
[Ord. No. 3-80 A VI; Ord. No. 2001-017 § 2]
Unless exempt from the provisions of this section by reason of the provisions of subsection 21-20.5:
a.
No person shall commence, undertake, conduct or maintain any landfill
operation or store any earth or other landfill material upon any property
within the Township of Chatham, nor shall any owner of property within
the Township allow or permit a landfill operation to be conducted
thereon, unless and until a permit to conduct a landfill operation
upon such property has been issued by the Township Committee after
application pursuant to the provisions of this section.
b.
No person shall conduct or maintain a landfill operation upon any
property within the Township except in accordance with the plan and
terms and conditions upon which a permit therefor has been issued
by the Township Committee.
c.
No person shall conduct or maintain a landfill operation upon any
property in the Township at any time during the suspension of the
permit therefor or after revocation or termination of the permit therefor.
[Ord. No. 3-80 A VII; Ord. No. 15-83 § 1; Ord. No. 16-91 § 1; Ord.
No. 97-038 § 1]
a.
Form of Application. Every application for a permit to conduct a
landfill operation within the Township shall be made in quadruplicate
on forms which may be obtained from the office of the Township Clerk
in the Township Hall.
b.
Contents of Application. Applications for permits to conduct landfill
operations shall set forth the following information:
1.
Designation of the property which is the subject of the application
by block and lot number as shown on the Tax Map of the Township.
2.
Name and address of the owner of the subject property.
3.
Name and address of the proposed operator, if other than owner.
4.
Area of the entire property and area of the land to be filled if
less than the entire property.
5.
The proposed use of land when the landfill operation has been completed.
6.
Statement as to the equipment which the proposed operator will use
in connection with the landfill operation, and if he is not the owner
of such equipment, the nature of his interest therein.
7.
The nature and types of soil presently existing to a depth of three
feet on the area proposed to be filled.
8.
The material or materials proposed to be used as fill.
9.
The length of time required for the completion of the proposed landfill
operation.
10.
Signature of the proposed operator.
11.
Signature of the owner, if other than the proposed operator, consenting
to the filing of the application.
c.
Documents Required to be Submitted with Application. Every application
shall be accompanied by the following surveys and maps prepared by
a licensed professional engineer:
1.
A topographic site survey with a scale of at least 100 feet to the
inch which shows:
(a)
The land proposed to be filled, as well as all land within 50
feet of any area proposed to be filled;
(b)
The existing contours as of the date the application is made
of all land shown, the contour interval being no greater than two
feet;
(c)
All roads, easements for any purpose, wooded areas, and other
prominent natural features within 200 feet of any area to be filled;
and
(d)
All ponds, rivers, streams, brooks, drainage ways and storm
drainage facilities within 500 feet of any area proposed to be filled.
The topographic site survey shall be based upon the Township
topographic maps when such maps of the subject area are available
in the office of the Township Engineer.
2.
A landfill operation plan map which shows:
(a)
All of the information contained on the topographic site survey,
except that as to the area or areas proposed to be filled the map
shall show the contours proposed to exist when the landfill operation
has been completed with final cover, due allowance being made for
settlement of the fill;
(b)
Plans for the handling of surface water drainage designed so
as to be compatible and integrated with existing conditions and facilities
upon adjacent land;
(c)
By profile or cross-section, the material or materials proposed
to be used as fill, the location and depths of each and the depth
and nature of the proposed final cover; and
(d)
The plan for the preservation of topsoil to be used as final
cover, including the location for storage thereof during the course
of the landfill operation.
In the event that an entire proposed landfill operation shall
require more than three months for completion, then the landfill operation
plan map shall clearly delineate by areas the sequence in which the
various parts of the filling operation will be carried out.
d.
Filing of Application. An application shall be considered as filed
when it has been properly completed and delivered with the required
accompanying documents to the Township Clerk.
e.
Application and Inspection Fees. Every application for a permit to
conduct a landfill operation, or substantively revised application
as determined by the Township Engineer, shall be accompanied by a
fee payable to the Township in the amount of $150.
No inspection fee shall be required for the initial inspection of work performed pursuant to the landfill permit. If more than one inspection of a property is required to be made by the Township Engineer by reason of a failure to comply with the terms and conditions of the permit or otherwise, then the owner of the property shall pay to the Township an inspection fee for each additional inspection, which fee shall be in accordance with the schedule of inspection fees established and from time to time amended by the Township Committee pursuant to the provisions of subsection 30-17.6 of the Land Development Ordinance of the Township of Chatham. All fees for any additional inspections shall be paid to the Township prior to the issuance of a certificate of compliance by the Township Engineer pursuant to the provisions of subsection 21-20.15.
f.
Distribution of Copies of Application. Upon the filing of an application,
the Township Clerk shall note the date of filing on each copy of the
application form and shall distribute copies of the application and
accompanying documents to the Township Engineer and the Township Planning
Board.
g.
Waiver of Certain Requirements. Upon written request by an applicant for a landfill permit and upon recommendation by the Township Engineer, the Township Committee may waive the requirements of subsection 21-20.8c of this Article 2, and it may also waive the requirements of subsections 21-20.11 and 21-20.16.
A request for such waiver shall describe the nature and extent
of the proposed landfill operation, the fill materials to be used
and the time required for completion of the operation.
The Township Committee may grant a waiver only if the Township Committee determines that the nature and limited extent of the proposed landfill are such that none of the detrimental conditions enumerated in paragraph c of subsection 21-20.1 would be likely to result from the proposed landfill operation and that under the particular circumstances compliance with the requirements waived is not necessary to protect persons or property or to preserve the public health, safety and general welfare.
The grant of a waiver pursuant to the provisions of this paragraph
shall not relieve an owner or an operator of a landfill from compliance
with any other provisions of this section.
[Ord. No. 3-80 A VIII]
a.
Time Within Which Action Shall be Taken on Application. The Township
Committee shall consider every application and grant or deny approval
in whole or in part within 45 days after the application is filed.
b.
Review by Township Engineer and Planning Board. Upon receiving an
application, the Township Engineer shall examine the application and
the property subject of the application as well as the surrounding
area. Within 15 days of the filing of the application, the Township
Engineer shall submit to the Township Clerk a written report containing
his comments and recommendations upon the application in view of the
provisions of this section. The Township Engineer shall forward a
copy of the report to the Planning Board.
In the event that the Planning Board desires to comment upon
the proposed landfill, the Planning Board shall submit a written report
to the Township Clerk within 30 days of the filing of the application.
c.
Factors to be Considered in Acting Upon Application. In reviewing and approving or disapproving in whole or in part any application made pursuant to this section, the Township Committee shall apply the standards set forth in subsection 21-20.10 of this section and shall take into consideration any comments and recommendations of the Township Engineer and the Planning Board made in connection with the application and any related matters affecting the public health and safety, and general welfare.
d.
Approval or Disapproval of Application. The Township Clerk shall
notify the applicant in writing of the action taken by the Township
Committee in approving or disapproving an application in whole or
in part. Whenever an application is disapproved in whole or in part,
the Township Committee shall state in writing the reasons for disapproval.
e.
Resubmission of Modified Application. In the event of the disapproval
of an application in whole or in part, the applicant may submit a
modified application. The procedure to be followed with respect to
a modified application shall be the same as the procedure herein provided
for an original application.
f.
Conditions of Approval. In approving an application in whole or in
part and authorizing the issuance of a permit for a landfill operation,
the Township Committee may impose conditions deemed reasonably necessary
for the protection of persons or property or the preservation of the
public health, safety or general welfare. If any tree may be affected
by the landfill operation, the Township Committee may require that
the applicant obtain a permit under the Tree Protection Ordinance
before the permit for the landfill operation is issued pursuant to
this section.
[Ord. No. 3-80 A IX; Ord. No. 33-85 § 1; Ord. No. 2001-017 § 2]
a.
Landfill Requirements.
1.
Topsoil Preservation. All topsoil on areas to be filled shall be
removed and stored for use as a final cover for the completed landfill.
2.
Trees and Brush. To the maximum extent feasible and consistent with
future use of the land all sound trees growing on the site shall be
preserved. Trees and brush not preserved shall be removed from the
site.
3.
Type of Fill Permitted. Solid waste as defined in N.J.A.C. 7:26-1.6,
noncompactible wastes and hazardous wastes shall not be used.
If stone, brick, cement or masonry products are used, they shall
be placed at least one foot below the final surface, and all cracks,
holes or cavities shall be filled with earth, sand or gravel which
is well compacted.
4.
Surface and Stormwater. Adequate provision shall be made for the
handling of surface and stormwaters so as to prevent their collection
and stagnation on the filled area or on areas adjacent thereto.
Surface and stormwaters shall not be directed on adjacent lands
in a manner that will cause flooding or cause damage to either structures
or natural growth.
Existing brooks, stream and drainage ditches or drainage paths
shall not be interfered with unless suitable alternate water courses
are provided.
Whenever necessary, ditches or drains shall be constructed by
the person conducting the landfill operation sufficient to handle
surface and stormwaters in order to prevent flooding or other damage.
5.
Grades and Contours. Proposed final grades and contours shall be
compatible with the surrounding area and shall be gentle and appropriate
for the future use of the filled area and adjacent areas. Whenever
an area to be filled includes any land within 15 feet of a property
line, the following requirements shall be met:
(a)
The Township Committee shall hold a hearing on the application with notice of the hearing to all owners of properties within 200 feet of the property subject to the application. Notice of hearing, hearing and decision shall be in accordance with the requirements of Section 30-12, subsections 30-12.1 and 30-12.2 of the Land Development Ordinance of the Township of Chatham.
(b)
No fill shall be placed within five feet of a property line.
(c)
No fill within 15 feet of a property line shall have an elevation
which is more than four feet above the existing ground level at the
property line.
(d)
The fill within 15 feet of a property line shall be graded at
an even slope with the toe of the slope at the ground level which
exists at five feet inside the property line, provided, however, that
when necessary a swale shall be created on the property subject to
the landfill application in order to control surface waters in a manner
that will protect lands beyond the property line.
(e)
All distances from property lines shall be measured at right
angles to straight portions and radial curved portions.
(f)
All existing trees, within five feet of a property line having
trunks exceeding five inches in diameter at a point four feet above
the existing ground level which are to remain after the landfill operation
shall be welled in accordance with Township standards as set forth
in "Township of Chatham Standard Construction Details, January 10,
1982" copies of which are on file in the office of the Township Clerk
in the Township Hall and in the office of the Township Engineer at
405 Southern Boulevard.
6.
Final Cover. The final cover shall not be less than one-foot thick,
including topsoil which shall not be less than four inches, except
that whenever a landfill plan map clearly indicates an area or areas
for which no topsoil is required, the one-foot cover may be completed
for such indicated area or areas without the use of topsoil.
The material used for final cover, aside from topsoil, shall
be loose sand and loam mixtures, loose sand and clay mixtures, soft
decomposed shale and well-fractured or loosely-cemented sedimentary
deposits, or any of the foregoing with gravel or other minor irregularities,
casual stones or rocks, provided that no substantial proportion of
the stones or rocks shall have any dimension greater than six inches.
7.
Cover Crop. Upon the completion of a landfill operation or any part
thereof, the final cover shall, as soon as weather permits, be seeded
with grass or other suitable ground cover to prevent erosion of the
final cover.
8.
Maintenance of Final Cover. Cracks, depressions and erosion of the
final cover on the surface and any side slopes occurring within one
year of the completion of the landfill operation or any part thereof
shall be promptly repaired and the cover crop replaced.
[Ord. No. 3-80 A X]
After approval of any application and before the issuance of a permit to conduct a landfill operation, the operator shall file with the Township Committee a guarantee sufficient in amount to assure the installation of any required drainage facilities or other improvements as shown upon the approved landfill operation plan map and to assure the alleviation of any adverse conditions upon the property subject of the application in the event that the landfill operation or any part thereof is undertaken and not completed in accordance with, and in the time provided in, the approved application and landfill operation plan map. Such guarantee may be a bond issued by a corporate surety licensed to do business in the State of New Jersey, or a certified check drawn on a bank which is a member of the Federal Reserve System payable to the Township of Chatham. The guarantee shall be approved by the Township Attorney as to form and execution. The amount of the guarantee shall be fixed by the Township Committee and shall not be in excess of the cost estimated by the Township Engineer for the installation of improvements and for the alleviation of adverse conditions. The guarantee shall provide that upon the completion of the landfill operation or any part thereof and the release of the guarantee or any part thereof, a maintenance guarantee for a period of one year shall be provided as required by subsection 21-20.16.
[Ord. No. 3-80 A XI]
Every landfill operation or part thereof shall be completed
within the period prescribed in the permit issued therefor. A landfill
operation or part thereof shall be considered as completed when the
grass or other ground cover, planted in the final cover, is in existence.
[Ord. No. 3-80 A XII]
The Township Committee and its duly authorized agents shall
have the right to inspect any landfill at any time when the landfill
is in operation.
[Ord. No. 3-80 A XIII]
Upon the receipt of written notice from the Township Committee
or its duly authorized agent of any violation of any provision of
this section, the operator shall immediately proceed to terminate
the violation and/or to correct the condition complained of.
The service of such notice shall not constitute a waiver of
any other remedy available to the Township nor shall it relieve the
operator of any penalty provided for violation of any provision of
this section.
[Ord. No. 3-80 A XIV]
Within 10 days after the completion of a landfill operation
or any part thereof, the operator shall give written notice to the
Township Clerk who shall then within three working days after receiving
such notice cause an inspection to be made of the landfill or part
thereof by the Township Engineer who shall within five working days
file a written report of the inspection with the Township Clerk. The
Township Clerk shall promptly forward a copy of the report to the
operator.
In the event that the Township Committee determines that further
work is required or that conditions should be corrected, the Township
Committee shall so notify the landfill operator in writing within
20 days after the filing of the report, and the operator shall complete
such further work or correct the condition complained of within 20
working days or after written notice is mailed to the operator. Upon
written notice by the operator to the Township Clerk of compliance,
a reinspection shall be made and a report filed with the Township
Clerk by the Township Engineer within five days. The Township Clerk
shall promptly forward a copy of the report of reinspection to the
operator.
When a landfill operation or any part thereof has been completed
in accordance with the terms of the approved application, the Township
Engineer shall file a written certificate of compliance with the Township
Clerk and shall mail a copy thereof to the operator.
[Ord. No. 3-80 A XV]
Upon the completion of a landfill operation and the filing of a certificate of completion with the Township Clerk, the Township Committee shall upon application release the guarantee furnished in accordance with subsection 21-20.11, with respect thereto, provided, however that the applicant shall furnish a maintenance guarantee sufficient in amount to assure for a period of one year following the completion of the landfill operation the maintenance and repair of any and all improvements and the correction of any adverse conditions caused by the settling, shifting or erosion of the fill or final cover. The form of the maintenance guarantee shall be the same as that required for the original guarantee. The amount of the maintenance guarantee shall be fixed by the Township Committee upon recommendation of the Township Engineer.
Upon the completion of a part of a landfill operation and the
filing of a certificate of completion with respect thereto, the Township
Committee may upon application reduce the amount of the original guarantee
by such amount as represents the guarantee for the part of the landfill
operation which has been completed, provided, however, that the applicant
shall furnish a maintenance guarantee sufficient in amount to insure
for a period of one year following the completion of such part of
the landfill operation the maintenance and repair of any and all improvements
installed in said part and the correction of any adverse conditions
in part caused by the settling, shifting or erosion of the fill or
final cover.
[Ord. No. 3-80 A XVI]
The Township Committee may suspend a permit issued pursuant
to this chapter, after notice and hearing, in the event of:
a.
Any substantial deviations from the terms and conditions of an approval
application; or
b.
Failure to correct within 20 working days after written notice is
mailed to the operator any deviation from the terms and conditions
of an approval application.
Notice of the hearing for suspension of a permit shall be given in writing, setting forth specifically the grounds of complaint and the time and place of hearing. Such notice shall be mailed to the operator at the address shown upon the application at least 10 days prior to the date set for the hearing. At the hearing, the procedure followed shall be the same as set forth in subsection 21-20.19 for hearings on appeals to the Township Committee.
[Ord. No. 3-80 A XVII]
The suspension of a permit to conduct a landfill operation shall
be terminated after the approval by the Township Committee of a written
plan submitted by the operator for the correction of any conditions
resulting from a deviation from the approved application or after
the operator has evidenced action taken to prevent further violations
of the provisions of this chapter.
[Ord. No. 3-80 A XVIII]
Any person aggrieved by (a) the disapproval of an application for a permit to conduct a landfill operation in whole or in part, or (b) any action taken by the Township Committee, Township Engineer or other duly authorized agent pursuant to the provisions of subsections 21-20.14, 21-20.15 or 21-20.18 of this section, shall have the right to appeal within 15 days after the action has been taken or if written notice of the action is required to be given, then within 15 days after notice has been received by the person claiming to be aggrieved. The appeal shall be made by filing with the Township Clerk a written statement setting forth the grounds for the appeal. The Township Committee shall set a time and place for a hearing on such appeal, which hearing shall be held within 20 days after the filing of the appeal. Notice of the hearing shall be sent to the applicant at the address stated in the application. At the hearing the applicant and his attorney may present evidence, including the testimony of witnesses, in his behalf. The Township Clerk shall keep minutes of the hearing and copies of the documents or exhibits referred to, if any.
Within 10 days after the completion of the hearing, the Township
Committee shall affirm or reverse in whole or in part the action previously
taken by a recorded vote of a majority of the total members thereof.
The findings and reasons for the disposition of the appeal shall be
stated on the records of the Township Committee and the applicant
shall be given a copy.
[Ord. No. 3-80 A XIX]
Whenever under the provisions of this section any notice is
required to be served upon any person, such notice shall be served
by certified mail addressed to the person to be notified at the address
set forth in the application filed by such person with the Township
Clerk or otherwise furnished to the Township Clerk.
Any notice to the Township shall be served by personal service
upon the Township Clerk or by certified mail addressed to the Township
Clerk at the Township Hall.
[Ord. No. 3-80 A XX; Ord. No. 17-85 A 1]
[Ord. No. 26-83 § 1]
The Construction Official of the Township is designated as a
duly authorized agent of the Township Committee for purposes of this
section. When so acting, the Township Construction Official shall
have all the powers given to such an agent by the provisions of this
section.
The Township Construction Official shall be generally responsible for enforcing the provisions of this section and may institute proceedings in the Municipal Court of the Township of Chatham in the event of violations, including, but not limited to, violations of subsection 21-20.7, Prohibited Activities.
In addition to discharging his responsibilities under the provisions
of this section, the Township Engineer shall provide the Township
Construction Official with such technical information as may be deemed
necessary by the Township Construction Official with such technical
information as may be deemed necessary by the Township Construction
Official for purposes of the enforcement of this section.
