[Ord. No. 892; Ord. No. 1046; Ord. No.
1383.]
[Adopted by Ord. No. 892]
This chapter shall be known as the Township of Ocean, County
of Monmouth Land Disturbance and Soil Erosion Control Ordinance.
[Adopted by Ord. No. 892]
The purpose of this chapter is to control soil erosion and sediment
damages and related environmental damage by requiring adequate provisions
for surface water retention and drainage and for the protection of
exposed soil surfaces in order to promote the safety, public health,
convenience and general welfare of the community.
[Adopted by Ord. No. 892]
Any word or term not interpreted or defined in this section
shall be used with a meaning of common or standard utilization. The
following definitions shall apply in the interpretation and enforcement
of this chapter, unless otherwise specifically stated:
[Adopted by Ord. No. 892]
Shall mean a person requesting permission to engage in land
disturbance activity.
[Adopted by Ord. No. 892]
"Critical area" shall mean a sediment producing land area or
land with a potential for erosion.
[Adopted by Ord. No. 892]
"Erosion" shall mean detachment and movement of soil or rock
fragments by water, wind, ice or gravity.
[Adopted by Ord. No. 892]
"Land" shall mean any ground, soil, or earth including marshes,
swamps, drainageways, and areas not permanently covered by water within
the Township.
[Adopted by Ord. No. 892]
"Land disturbance" shall mean any activity including but not
limited to clearing, grading, stripping, transporting, and filling
which causes land to be exposed to the danger of erosion.
[Adopted by Ord. No. 892]
"Land disturbance permit" shall mean a certificate issued to
perform work under this chapter.
[Adopted by Ord. No. 892]
"Mulching" shall mean the application of plant residue or other
suitable materials to the land surface to conserve moisture, hold
soil in place and aid in establishing plant cover.
[Adopted by Ord. No. 892]
"Sediment" 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 water, wind, ice, or gravity as a product of
erosion.
[Adopted by Ord. No. 892]
"Sediment Basin" shall mean a barrier or dam built at suitable
locations to retain rock, sand, gravel, silt or other sedimentary
material.
[Adopted by Ord. No. 892; amended 4-3-1978 by Ord. No.
1046]
"Soil erosion and sediment control plan" shall mean a detailed plan in accordance with Section 23-4 hereof, indicating necessary land treatment measures, including a schedule of the timing of their implementation, that will effectively minimize soil erosion and sedimentation. Such measures shall meet or exceed the standards and regulations contained herein, or in the absence of such standards in the Standards for Soil Erosion and Sediment Control in New Jersey as promulgated by the State Soil Conservation Committee.
[Adopted by Ord. No. 892]
"Soil" shall mean all unconsolidated material and organic material
of any origin.
[Adopted by Ord. No. 892]
"Soil conservation district" shall mean a governmental subdivision
of this State, which encompasses this Township, organized in accordance
with the provisions of N.J.S.A. 4:24.
[Adopted by Ord. No. 892]
"Site" shall mean any lot, tract, parcel or parcels of land
within the Township.
[Adopted by Ord. No. 892]
"Stripping" shall mean any activity which significantly disturbs
vegetated or otherwise stabilized soil surface including, but not
limited to, clearing and grubbing operations.
[Adopted by Ord. No. 892]
No person shall disturb the land or cause the land to be disturbed
within the Township without first having obtained a land disturbance
permit as provided in this chapter. Furthermore, no person shall allow
the land within the Township to become eroded.
[Adopted by Ord. No. 892; amended 4-3-1978 by Ord. No.
1046]
a.
Preliminary Subdivision. Each application for tentative, preliminary,
subdivision approval shall be accompanied by an application for a
land disturbance permit pursuant to the terms hereof if the applicant
chooses to do any site work prior to the submission and approval of
the final plat. If the applicant does not do any site work prior to
approval of the final plat, he may defer the application for a land
disturbance permit until a submission of the final plat The data required
in the application for the land disturbance permit applies to any
and all lands that would be disturbed if the application for the preliminary
subdivision were approved. Except as provided herein, no preliminary
subdivision approval shall be granted without a written report from
the Township Engineer on the applicant's soil erosion and sediment
control plan and without its submission to the Planning Board for
their consideration.
b.
Final Subdivision. Each application for final subdivision approval
shall be accompanied by an application for a land disturbance permit
pursuant to the terms hereof. No final subdivision approval shall
be granted without a written report from the Township Engineer on
the applicant's soil erosion and sediment control plan and without
its submission to the Planning Board for their consideration.
c.
Site Plan. Each application for site plan approval shall be accompanied
by an application for a land disturbance permit pursuant to the terms
hereof. No site plan approval shall be granted without a written report
from the Township Engineer on the applicant's soil erosion and
sediment control plan and without its submission to the Planning Board
for their consideration.
d.
All Other Land Disturbances. No site shall be disturbed unless an
application for a land disturbance permit has been submitted pursuant
to the terms hereof and no permit shall be granted by the Zoning Officer
without the written approval of the Township Engineer.
e.
General Conditions for All Applications.
1.
Each application for a land disturbance permit shall be accompanied
by a soil erosion and sediment control plan for the proposed disturbed
site consistent with this chapter. The plan shall be accompanied by
a site plan at a scale of at least one inch equals 50 feet.
2.
Four copies of the application and plans as required by this section
shall be filed by the applicant with the Zoning Officer of the Township,
who shall immediately forward one copy to the Environmental Commission
of the Township, one copy to the Township Engineer, and, where applicable,
one copy to the Planning Board. Such application shall contain the
name and address of the owner of the subject site and the location
of the site.
3.
If the title to the land is subsequently transferred, the new owner
must follow the plan already approved or submit a new plan in accordance
with this chapter.
4.
All proposed revisions of the soil erosion and sediment control plan
shall be submitted for approval in the manner as specified herein.
[Adopted by Ord. No. 892; amended 4-3-1978 by Ord. No.
1046]
Each soil erosion and sediment control plan shall contain the
following:
a.
Location and description of existing natural and man-made features
on and surrounding the site, including general topography and soil
characteristics and a copy of the soil conservation district soil
survey where available.
b.
Location and description of proposed changes to the site.
c.
Measures for soil erosion and sediment control which meet or exceed
the standards and specifications set forth herein or, in the absence
of such standards, in the Standards for Soil Erosion and Sediment
Control in New Jersey as promulgated by the State Soil Conservation
Committee. Such standards and specifications shall be on file at the
office of the Township Clerk.
d.
A schedule of the sequence of the implementation of the planned erosion
and sediment control measures as related to the progress of the project
including anticipated starting and completion dates.
e.
The impact of the proposed disturbance to all adjacent properties,
both during and after development or disturbance.
f.
A map showing the contours of the land at two-foot intervals prior
to the disturbance of the proposed contours to be created, prepared
in accordance with the standard engineering practices. The map shall
be accompanied by a sketch of the site showing all land areas to be
disturbed as shaded areas on the sketch.
[Adopted by Ord. No. 892; amended 4-3-1978 by Ord. No.
1046]
In considering and approving a soil erosion and sediment control
plan, the Planning Board, when it has authority pursuant to this chapter,
and the Zoning Officer, when it does not:
a.
Shall have the right, among other things, to fix the time schedule
for exposure of land area and for the construction and installation
of improvements (or the taking of other measures in accordance with
the Standards for Soil Erosion and Sediment Control in New Jersey
as promulgated by the New Jersey State Soil Conservation Committee)
to prevent soil erosion and sedimentation and may require that such
work or measures be completed prior to any site development work.
b.
Shall provide for the posting of performance guarantees and maintenance
bonds in the same manner as provided in the land subdivision chapter
of the Township.
c.
Shall refer the plan to the Environmental Commission of the Township
and shall take no final action on the plan until 15 days after such
referral.
d.
May refer the plan to the Freehold Soil Conservation District.
e.
May impose lawful conditions or requirements necessary or desirable
to proper implementation of the plan and of the purpose and intent
of this chapter.
f.
Shall provide written notice to the applicant indicating the decision
on the plan. Such decision shall be made within a period of 30 days
of submission of the complete application unless, by mutual agreement
in writing between the Township and the applicant, this period is
extended for an additional 30 days. Failure to make a decision within
such period or such extension thereof shall constitute certification.
A copy of such decision, along with other information as may be required
by the Freehold Soil Conservation District, shall be sent to said
district.
[Adopted by Ord. No. 892]
a.
Unlawful. After a soil erosion and sediment control plan has been
approved, it shall be unlawful for the applicant therefor, or any
person performing services and implementing the plan, knowingly to
deviate from, change, amend or modify the plan in any way except in
accordance with the provisions of paragraph b below.
b.
Approved. Minor changes, amendments or modifications to a soil erosion
and sediment control plan required as a result of conditions in the
field during construction may be approved by the Township Engineer
who shall in turn notify the Planning Board thereof. Major changes,
amendments or modifications to such a plan shall require the approval
of the Planning Board.
[Adopted by Ord. No. 892]
Control measures shall apply to all aspects of the proposed
site development involving land disturbance and shall be in operation
during all stages of the disturbance activity. The following principles
shall apply to the soil erosion and sediment control plan.
[Adopted by Ord. No. 892]
Stripping of vegetation, grading, or other soil disturbance
shall be done in a manner that shall minimize soil erosion.
[Adopted by Ord. No. 892]
Whenever feasible, natural vegetation shall be retained and
protected.
[Adopted by Ord. No. 892]
The extent of the disturbed area and the duration of its exposure
shall be kept to a minimum.
[Adopted by Ord. No. 892; amended 4-3-1978 by Ord. No.
1046]
When all land disturbance is complete, the soil profile shall
consist of a subsoil covered by a minimum of six inches of topsoil
and shall be prepared in accordance with the Standards for Soil Erosion
and Sediment Control in New Jersey as promulgated by the State Soil
Conservation Committee.
[Adopted by Ord. No. 892]
Either temporary seeding, mulching or other suitable stabilization
measures shall be used to protect all critical areas during construction
or other land disturbance.
[Adopted by Ord. No. 892]
Water runoff shall be minimized and retained on site wherever
possible to facilitate ground water recharge.
[Adopted by Ord. No. 892]
Satisfactory provisions shall be made for drainage to accommodate
all increased runoff resulting from modifications of soil and surface
conditions during and after development or disturbance. Where necessary,
the rate of water runoff shall be mechanically retarded.
[Adopted by Ord. No. 892]
Sediment shall be retained on site to the maximum extent feasible.
[Adopted by Ord. No. 892]
Diversions, sediment basins, and similar required structures
shall be installed prior to any on-site grading or disturbance, except
as necessary to the construction of such structures.
[Adopted by Ord. No. 892]
Any applicant carrying out soil erosion and sediment control
measures under this chapter and, all subsequent owners of the property
upon which such measures have been carried out, shall adequately maintain
all permanent control measures, devices and plantings in good order
for a period of two years after completion of the approved plan implementation.
Maintenance bonds therefor shall be posted in connection therewith
as heretofore provided.
[Adopted by Ord. No. 892]
The following activities are specifically exempt from this chapter:
a.
Land disturbance occurring on sites containing existing one family
dwellings.
b.
Use of land for gardening, primarily for home consumption.
c.
Agricultural use of lands when operated in accordance with a farm
conservation plan approved by the Freehold Soil Conservation District
or when it is determined by the Freehold Soil Conservation District
that such use will not cause soil erosion and sedimentation.
[Adopted by Ord. No. 892]
There shall be no exemptions for any person for any critical
area.
[Adopted by Ord. No. 892; amended 4-3-1978 by Ord. No.
1046]
No certificate of occupancy for any building shall be issued
unless there has been compliance with the provisions of the approved
soil erosion and sediment control plan for permanent measures to control
soil erosion and sedimentation. A formal report of compliance with
the provision of the approved soil erosion and sediment control plan
shall be filed with the municipal agent authorized to issue certificates
of occupancy. A copy of this report shall be sent to the Freehold
Soil Conservation District. Approval for occupancy may be granted
notwithstanding that permanent vegetation protection or ground cover
has not been installed if such permanent protection and ground cover
has not and cannot be installed because of conditions of weather,
and the installation thereof is enforced by appropriate provisions
in the bond or other security and improvement agreements which shall
provide for installation, within such time limits as may be reasonable,
upon direction of the Township Engineer as soon as weather conditions
shall permit.
[Adopted by Ord. No. 892; amended 4-3-1978 by Ord. No.
1046]
The Township Engineer or the Zoning Officer shall enforce the
requirements of this chapter and shall inspect the work being undertaken
in connection with the plan. The applicant shall be required to have
the approved soil erosion and sediment control on site during construction.
In the event of a failure to comply with any condition or provision
of the soil erosion and sediment control plan or, if existing conditions
are not as stated in the applicant's soil erosion and sediment
control plan, the Township Engineer or Zoning Officer may, among other
things, revoke the land disturbance permit, building permit or certificate
of occupancy; issue a stop order, refuse to approve further work and
may require necessary erosion and sedimentation control measures to
be promptly installed and seek such other penalties as provided herein.
[Adopted by Ord. No. 892; amended 4-3-1978 by Ord. No.
1046]
If any person violates any of the provisions of this chapter,
any standard promulgated pursuant to the provisions of this chapter,
or fails to comply with the provisions of a certified plan, the Township
or the Freehold Soil Conservation District may institute a civil action
in the Superior Court for injunctive relief to prohibit and prevent
such violation or violations and said court may proceed in a summary
manner. Any person who violates any of the provisions of this chapter,
any standard promulgated pursuant to this chapter or fails to comply
with the provisions of a certified plan shall be liable to a penalty
of not less than $25 nor more than $3,000 to be collected in a summary
proceeding pursuant to the Penalty Enforcement Law (N.J.S.A. 2A:58-1
et seq.). The Superior Court, County Court, County District Court
and Municipal Court shall have jurisdiction to enforce said penalty
enforcement law. If the violation is of a continuing nature, each
day during which it continues shall constitute an additional separate
and distinct offense.
[Adopted by Ord. No. 892]
Appeals from decisions under this chapter may be made to the
Township Council in writing within 10 days from the date of such decision.
The appellant shall be entitled to a hearing before the Township Council
within 45 days from the date of appeal.
[Adopted by Ord. No. 892; amended 10-19-1987 by Ord. No.
1383]
The fee schedule of the Freehold Soil Conservation District
is incorporated herein as to any applications and projects which fall
under their jurisdiction pursuant to the contract with the Township
of Ocean.
[Adopted by Ord. No. 892]
The Township of Ocean Land Development Chapter is hereby amended
to incorporate the provisions of this chapter where applicable.
[Adopted by Ord. No. 892]
The land subdivision provisions of Chapter 26, Land Development Ordinance, are hereby amended to incorporate the provisions of this chapter where applicable.
[Adopted by Ord. No. 892]
The provisions of this chapter shall only apply to those applications
or projects where there is no jurisdiction of the Freehold Soil Conservation
District.
