[1971 Code § 20-1]
This chapter shall be known as the "Township of Lakewood Municipal Soil Erosion and Sediment Control Regulations."
[1971 Code § 20-2]
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.
[1971 Code § 20-3; New]
[1971 Code § 20-4]
The following definitions shall apply in the interpretation and enforcement of this chapter, unless otherwise specifically stated:
- Shall mean a person, partnership, corporation or public agency requesting permission to engage in land disturbance activity.
- CRITICAL AREA
- Shall mean a sediment-producing highly erodible or severely eroded area.
- Shall mean detachment and movement of soil or rock fragments by water, wind, ice and gravity.
- EROSION AND SEDIMENT CONTROL PLAN
- Shall mean a plan which fully indicates necessary land treatment measures, including a schedule of the timing for their installation, which will effectively minimize soil erosion and sedimentation. Such measures shall be in accordance with standards as adopted by the State Soil Conservation Committee.
- EXCAVATION OR CUT
- Shall mean any act by which soil or rock is cut into, dug, quarried, uncovered, removed, displaced or relocated.
- FARM CONSERVATION PLAN
- Shall mean a plan which provides for the 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 any ground, soil, or earth including marshes, swamps, drainage-ways, and areas not permanently covered by water within the Township.
- LAND DISTURBANCE
- Shall mean any activity involving the clearing, grading, transporting, filling and any other activity which causes land to be exposed to the danger of erosion.
- Shall mean the application of plant residue or other suitable materials to the land surface to conserve moisture, hold soil in place, and aid in establishing plant cover.
- Shall mean a certificate issued to perform work under this chapter.
- Shall mean solid material, both mineral and organic, that is in suspension, is being transported, or has been moved from its site of origin by air, water or gravity as a product of erosion.
- SEDIMENT BASIN
- Shall mean a barrier or dam built at suitable locations to retain rock, sand, gravel, silt or other material.
- Shall mean any plot, parcel or parcels of land.
- Shall mean all unconsolidated mineral or organic material of any origin.
- SOIL CONSERVATION DISTRICT
- Shall mean a governmental subdivision of this State, which encompasses this Township, organized in accordance with the provisions of Chapter 24, Title 4, N.J.R.S.
- Shall mean standards for soil erosion and sediment control in New Jersey as promulgated by the State Soil Conservation Committee.
- STATE SOIL CONSERVATION COMMITTEE
- Shall mean an agency of the State established in accordance with the provisions of Chapter 24, Title 4, N.J.R.S.
- Shall mean any activity which significantly disturbs vegetated or otherwise stabilized soil surface including clearing and grubbing operations.
[1971 Code § 20-5.1; Ord. No. 2003-27 § 1]
No land area shall be disturbed by any person within this Township unless the applicant has submitted to the Department Head of the Department of Code Enforcement and Zoning or his designee a plan to provide for soil erosion and sediment control for such land area in accordance with the Standards, and such plan has been approved, and a valid land disturbance permit has been issued by the Department Head of the Department of Code Enforcement and Zoning or his designee except as exempted by Section 30-7.
[1971 Code § 20-5.2; Ord. No. 2003-27 § 2]
The applicant must submit a separate soil erosion and sediment control plan for each noncontiguous site. The applicant may consult with the Ocean County Soil Conservation District in the selection of appropriate erosion and sediment control measures and the development of the plan. The plan shall contain:
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).
Location and description of proposed changes to the site.
Measures for soil erosion and sediment control which must meet or exceed the Standards. The Standards shall be on file at the office of the local Soil Conservation District, the Township Clerk and the Department of Code Enforcement and Zoning.
A schedule of the sequence of installation of planned erosion and sediment control measures as related to the progress of the project including anticipated starting and completion dates.
All proposed revisions of data required shall be submitted for approval.
[1971 Code § 20-5.3; Ord. No. 2003-27 § 3]
Soil erosion and sediment control plans shall be reviewed by the Soil Specialist or other official designated by resolution of the Township Committee, and approved when in conformance with the Standards.
The Soil Specialist or other designated official may seek the assistance of the Ocean County Soil Conservation District in the review of such plans and may deem as approved those plans which have been reviewed and determined adequate by the District.
Review and approval shall be made within a period of 30 days of submission of a complete application unless, by mutual agreement in writing between the Township and the applicant, this period is extended for an additional 30 days. Failure of the Township to make a decision within such period or such extension thereof shall constitute certification.
The applicant shall be provided with a written notice of such decision by the Department Head of the Department of Code Enforcement and Zoning or his designee. A copy of such decision including name of applicant, site location by street address and block and lot number, and proposed land use shall be sent to the Ocean County Soil Conservation District. The Township shall also make available such other information as may be required by the District.
[1971 Code § 20-6.1]
Control measures shall apply to all aspects of the proposed land disturbance and shall be in operation during all stages of the disturbance activity. The following principles shall apply to the soil erosion and sediment control plan:
Stripping of vegetation, grading or other soil disturbance shall be done in a manner which will minimize soil erosion.
Whenever feasible, natural vegetation shall be retained and protected.
The extent of the disturbed area and the duration of its exposure shall be kept within practical limits.
Either temporary seeding, mulching or other suitable stabilization measures shall be used to protect exposed critical areas during construction or other land disturbance.
Drainage provisions shall accommodate increased runoff, resulting from modified soil and surface conditions, during and after development or disturbance. Such provisions shall be in addition to all existing requirements.
Water runoff shall be minimized and retained on site whenever possible to facilitate ground water recharge.
Sediment shall be retained on site to the maximum extent feasible.
Diversions, sediment basins, and similar required structures shall be installed prior to any on-site grading or disturbance.
[1971 Code § 20-6.2]
All necessary soil erosion and sediment control measures installed under this chapter shall be adequately maintained for one year after completion of the approved plan or until such measures are permanently stabilized as determined by the Soil Specialist or other designated official. The Soil Specialist or other designated official shall give the applicant upon request a certificate indicating the date on which the measures called for in the approved plans were completed.
[1971 Code § 20-6.3]
The applicant shall file and maintain a bond or bonds in form approved by the Township Attorney with surety acceptable to the Township and in such amount as determined by the soil specialist or other designated official to insure the faithful performance and maintenance of the work to be undertaken pursuant to this chapter for a period of one year after completion of the approved plan or until all necessary soil erosion and sediment control measures installed under this chapter are permanently stabilized as determined by the Soil Specialist or other designated official including an appropriate official of the Ocean County Soil Conservation District.
[1971 Code § 20-6.4]
The applicant shall pay to the Township at the same time the application is submitted a fee of $100 for the first acre or part thereof included in the plan and $15 for each additional acre. The purpose of this fee is to cover the cost of enforcing this chapter.
[1971 Code § 20-6.5]
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 District may institute a civil action in the Superior Court for injunctive relief to prohibit and prevent such violation or violations and the 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; the Superior Court, Special Civil Part; and the 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.
[1971 Code § 20-6.6]
The Township or the Ocean County Soil Conservation District may issue a stop-construction order if the applicant takes no action to comply with the provisions of the certified plan after receiving written notice of observed deviation from the certified plan and request to comply therewith by the Township or Ocean County Soil Conservation District.
When a stop-construction order is issued, no further construction activity may take place until the applicant is in compliance with all provisions of the certified plan.
[1971 Code § 20-6.7]
No Certificate of Occupancy for a project shall be issued by the Township unless there has been compliance with the provisions of a certified plan for permanent measures to control soil erosion and sedimentation.
[1971 Code § 20-7]
The following activities are specifically exempt from this chapter:
Existing Dwellings. Land disturbance associated with existing one and two family dwellings.
Home Gardens. Use of land for gardening primarily for home consumption.
Agricultural Use. Agricultural use of lands when operated in accordance with a farm conservation plan approved by the local Soil Conservation District or when it is determined by the local Soil Conservation District that such use will not cause excessive erosion and sedimentation.
[1971 Code § 20-8.1]
The requirements of this chapter shall be enforced by the Soil Specialist or other designated official who shall also inspect or require adequate inspection of the work. If the Soil Specialist or other designated official finds existing conditions not as stated in the applicant's erosion and sediment control plan he may refuse to approve further work and may require necessary erosion and sediment control measures to be promptly installed and may seek other penalties as provided in subsection 30-6.4.
[1971 Code § 20-8.2]
The applicant shall be required to have a certified plan on site during construction.
[1971 Code § 20-8.3]
No Certificate of Occupancy shall be issued unless there has been compliance with the provisions of the certified plan for permanent measures to control soil erosion and sedimentation. A formal report of such compliance must be filed with the Township agent authorized to issue Certificates of Occupancy. A copy of this report shall be sent to the Ocean County Soil Conservation District.
[1971 Code § 20-9]
Appeals from decisions under this chapter may be made to the Township Committee in writing within 10 days from the date of such decision. The appellant shall be entitled to a hearing before the Township Committee within 30 days from the date of appeal.