[1]
Editor's Note: Prior Ordinance history includes portions of 1974 Code §§ 115A-1 through 115A-4 and Ordinance No. 86-24.
[Ord. No. 02-60-OA § 1]
This section shall be known as the "Berkeley Township Soil Disturbance Ordinance."
a.
The purpose of this section is to control soil erosion and sediment damages and related environmental damage by requiring adequate provisions for the prevention of soil erosion and for the protection of exposed soil surfaces in order to promote the safety, public health, convenience and general welfare of the community.
b.
In an effort to provide uniformity and to avoid confusion in the enforcement of regulations relating to the prevention of soil erosion and sedimentation, the provisions of this section shall be implemented by the Ocean County Soil Conservation District on behalf of the Township. The Ocean County Soil Conservation District shall be the review, inspection, and enforcement authority for soil erosion and sediment control for all designated development projects, which shall receive final subdivision, site plan or construction permit approval from the Berkeley Township Planning Board, Board of Adjustment or Construction Official (where Board approval of a project is not required), within the Township pursuant to N.J.S.A. 4:24-1 et seq.
[Ord. No. 02-60-OA § 1]
The following definitions shall apply in the interpretation and enforcement of this section, unless otherwise specifically stated:
Shall mean a person, partnership, corporation, public agency or other entity requesting permission to engage in land disturbance activity.
Shall mean a plan to control soil erosion and sedimentation which has been certified by the Ocean County Soil Conservation District.
Shall mean a written endorsement of a plan for soil erosion and sediment control by the District which indicates that the plan meets the Standards for Soil Erosion and Sediment Control in New Jersey as promulgated by the State Soil Conservation Committee as set forth in this section.
Shall mean the Ocean County Soil Conservation District established in accordance with N.J.S.A. 4:24-1 et seq.
Shall mean any activity involving the clearing, excavating, storing, grading, filling or transporting of soil or any other activity which causes soil to be exposed to the danger of erosion.
Shall mean detachment and movement of soil, rock or other mineral or organic fragments by water, wind, ice or gravity.
Shall mean a scheme which indicates land treatment measures, including a schedule of the timing for installation to minimize soil erosion and sedimentation.
[Ord. No. 02-60-OA § 1]
Any new applications for development (as that term is defined in N.J.S.A. 4:24-41) received after the effective date of this section[1] or which shall not have received final site plan or subdivision approval shall be referred by either the Planning Board, the Board of Adjustment or the Construction Official (where Board approval is not required), as the case may be, to the Ocean County Soil Conservation District for review, approval, inspection and enforcement of soil erosion and sediment controls pursuant to N.J.S.A. 4:24-39 et seq. The Township shall require a performance bond or other suitable performance guaranty for all soil erosion and sediment control measures which may be required by the Ocean County Soil Conservation District to ensure installation and completion of the required permanent stabilization measures.
[1]
Editor's Note: This section, adopted by Ordinance No. 02-60-OA became effective December 15, 2003.
[Ord. No. 02-60-OA § 1]
The Planning Board, the Board of Adjustment or the Construction Official, as the case may be, shall condition all preliminary or final site plan, subdivision or construction permit approvals (where Board approval of projects is not required), upon the certification of a soil erosion and sediment control plan by the Ocean County Soil Conservation District. In addition, each such Board and Construction Official shall refer any and all applications for such approvals or a copy of each such approval to the Ocean County Soil Conservation District for review.
[Ord. No. 02-60-OA § 1]
a.
No site shall be disturbed by any person, partnership, corporation, special agency or other entity within this municipality unless an application for certification of a soil erosion and sediment control plan has been submitted to the District and such application and plan have been certified by the District, except as hereinafter exempted.
b.
Review and certification of said application shall be made within a period of 30 days after submission of a complete application unless, by mutual agreement, in writing, between the District and the applicant, this period is extended for an additional 30 days. Failure of the District to make a decision within such period or such extension thereof shall constitute certification. The applicant shall be provided with written notice of such decision by the District.
c.
Said application process shall only apply to new construction of a primary structure and shall not be required for any accessory structure or use incidental to the primary structure or use.
[Ord. No. 02-60-OA § 1]
a.
Upon determination that all requirements of this section have been complied with and upon payment of all fees to be paid hereunder, the District shall review the application and the plan submitted by the applicant and thereafter provide a written notice indicating that:
b.
For purposes of this section, a major revision of the plan by the applicant shall constitute a new submission.
[Ord. No. 02-60-OA § 1]
A soil erosion and sediment control plan shall include the following items:
a.
Location and description of existing natural and man-made features on and surrounding the site, including general topography, soil characteristics, wetland locations and a copy of the Soil Conservation Soil Survey, where available.
b.
Location and description of proposed changes to the site.
c.
Measures for soil erosion and sediment control which must meet or exceed the Standards for Soil Erosion and Sediment Control promulgated by the State Soil Conservation Committee. Such Standards shall be on file at the Office of the Township Clerk and the Ocean County Soil Conservation District Office.
d.
A schedule of the sequence of installation or application of planned erosion and sediment control measures as related to the progress of the project, including starting and completion dates.
e.
All proposed revisions of data required shall be submitted for approval.
f.
A map showing the contours of the land prior to disturbance and the proposed contours to be created, prepared in accordance with the standard engineering practices, now can be completed.
g.
Any and all other information or documentation required by the District in evaluating the plan. Required information is listed in detail on the standard application form provided by the State Soil Conservation Committee.
[Ord. No. 02-60-OA § 1]
The fees charged shall be in accordance with the fee schedule adopted by the District and approved by the State Soil Conservation Committee and shall bear a reasonable relationship to the cost of rendering such services.
[Ord. No. 02-60-OA § 1]
a.
Any person violating or failing to comply with any of the provisions of this section shall, upon conviction, be punishable in accordance with N.J.S.A. 4:24-53.
b.
The violation of any provision of this section shall be subject to abatement summarily by a restraining order or injunction issued by a court of competent jurisdiction.
[Ord. No. 02-60-OA § 1; Ord. No. 2014-18-OAB]
The following activities are specifically exempt from this section:
a.
Use of land for gardening primarily for home consumption.
b.
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.
c.
Clearing on a lot upon which an existing residential dwelling is located in order to construct a partial addition or accessory structure.
d.
Land disturbance permitted under Section 30-2 entitled Soil Removal of the Revised General Ordinances of the Township of Berkeley.
e.
Applications for residential homes that result in less than 5,000 square feet of soil disturbance.
[Ord. No. 02-60-OA § 1]
a.
The requirements of this section shall be enforced by the District, which shall also inspect or require adequate inspection of the work. If the District finds there are existing conditions not as stated in the applicant's erosion and sediment control plan, it may refuse to approve further work and may require necessary erosion and sedimentation control measures to be promptly installed or applied and/or may seek other penalties as herein provided, including the issuance of a stop-work order or other penalties cited in N.J.S.A. 4:24-53. If land disturbance occurs which is subject to the provisions of this section and no certification has been obtained, the District may issue a stop-work order and require the owner of the property to apply for the necessary certification, and if the certification is denied, the owner of the property shall be responsible for reforestation of the disturbed site in accordance with the requirements of Chapter 35, Land Development, or for the installation of permanent measures to control soil erosion and sedimentation as determined by the Ocean County Soil Conservation District.
[1974 Code § 116-1; Ord. No. 190; Ord. No. 248]
Nothing in this chapter shall be construed to be in conflict with or supersede Chapter 35, Land Development. It is intended and specifically provided herein that all applicants for any special use permit under the Zoning Ordinance shall, after they get such special use permit, then and thereafter comply with the terms and provisions of this section. However, no application for a license shall be made under this section until after the special use permit has been granted for the same premises under the Zoning Ordinance.
[1974 Code § 116-2; Ord. No. 190; Ord. No. 248]
No application shall be made for a license hereunder, and no license shall be granted under this section, for any business or site which would be in conflict or noncompliance with any provision of Chapter 35, Land Development.
[1974 Code § 116-3; Ord. No. 190; Ord. No. 248; Ord. No. 01-21-OAB]
a.
General Provisions. No business of excavation, removal and sale or other disposition of soil, gravel, sand, stone and mineral deposits, or any one or combination of them, shall be started or operated in the Township, in the County of Ocean, unless and until an annual license is acquired from the municipality therefor.
[1974 Code § 116-4; Ord. No. 190; Ord. No. 248]
No original application for such license shall be made until the applicant has acquired a special use permit for the site under the provisions of the Zoning Ordinance. However, an applicant for a license may make an application for renewal of the annual license hereunder for the same site as long as the special use permit is in effect and the licensee complies with all terms and provisions in this chapter and in Chapter 35, Land Development.
[1974 Code § 116-5; Ord. No. 190; Ord. No. 248]
Application for a license under this section must be accompanied by the special use permit acquired for the same site under Chapter 35, Land Development, or a certified copy of the permit and by the annual license fee in cash or its equivalent.
[1974 Code § 116-6; Ord. No. 190; Ord. No. 248]
Application for all licenses shall be made on forms furnished by the Township. The form shall be executed and filed by the applicant with the Township Clerk, together with the annual license fee and a certified copy of the special use permit.
a.
The first application for any gravel pit license shall be accompanied by a map of the premises to be licensed, showing the exterior of the premises; the official tax map, lot and block number or numbers; the presently existing contour lines and drainage plan showing where runoff will be discharged after excavation is completed; grades and proposed grades of the area to be licensed, etc., together with any additional areas that the applicant may desire to have included; and the proposed eventual contour lines and grades resulting from the proposed removal of any natural mineral deposits and substances from the area shown on the map, the same to be subject to the approval of the Township Engineer. Where an area greater than the proposed licensed area is shown on the map, then the area to be licensed at the time of application shall be clearly defined; however, the Township Council reserves the right to approve all or part of the area as determined by it at the time of the approval of the proposed contour lines and grades as shown on the map.
b.
Upon application for renewal of an existing gravel pit license, the applicant shall submit a map showing the area of the premises to be licensed during the ensuing calendar year, the existing grades at the time of such renewal application and other information to show that the conditions set forth by the licensee in the original and subsequent renewal applications have been adhered to. The map shall contain a certification by the applicant and shall be accompanied by a surety bond that any excavation or removal of deposits or substances shall not cause the proposed contour lines or grades on the original map to be exceeded in depth and that the terms and conditions of this chapter and Chapter 35, Land Development, shall not be violated.
[1974 Code § 116-7; Ord. No. 190; Ord. No. 248]
In the event that the Township Committee rejects an application for a license or refuses to grant a license, it shall deduct from the fee tendered the sum of up to $50 for any inspection expenses and services to which the Township has been put in having the map of plan, application and any other submitted data inspected and checked by its Township Attorney, Township Engineer and other officials, or any of them. All such charges shall be and remain municipal funds for the use and benefit of the Township.
[1974 Code § 116-8; Ord. No. 190; Ord. No. 248]
Upon the Township Council failing or refusing to grant an application for a license, the applicant may, within 30 days after a notice of such failure or refusal, make written application to the Township Council for an opportunity to be heard by the Township Council. Such hearing shall be public in nature and shall be held within 30 days after written application made for same unless for good cause same shall be adjourned beyond that time. The Township Council shall, in consideration of and in reviewing the application and in arriving at its final decision, be guided by and take into consideration the public health, safety and general welfare.
[1974 Code § 116-9; Ord. No. 190; Ord. No. 248]
If, after examining the application and the accompanying map or maps provided for as above, and after the hearing, if any, the Township Council decides that the proposed removal will not create conditions inimical to the public health, welfare and safety, a written license for the remainder of the current year shall be granted under the terms and conditions of this section. The first year's license fee shall be prorated on the basis which the part of the calendar year remaining bears to the annual license fee hereinafter named.
[1974 Code § 116-10; Ord. No. 190; Ord. No. 248]
a.
Subsequent annual licenses may be granted to the same licensee for the same premises upon the payment of the proper annual license fee until the mining operation on the same premises has been completed or until the license has been suspended or revoked, provided that the licensee shall have complied with all of the terms and conditions of the ordinances and the directions of the Township Council and the Township Engineer as to the operation of the business and licensed premises in the meantime, as well as the terms of Chapter 35, Land Development and this section.
b.
Prior to the expiration of an annual license, and while an applicant is diligently applying for a renewal of an annual license, the applicant may request an extension of a current annual license for a period not exceeding 30 days. The extension request, with an application fee of $200 shall be forwarded to the Township Council for its decision. The Township Council shall consult with the Township Engineer for his advice and recommendations. Only premises which are already licensed may be the subject matter of such an extension request. The fee of $200 shall be for administrative costs and shall be over and above any of the costs required for the renewal of the annual license. The application fee of $200 shall not be refundable to the applicant whether the extension is granted or not.
[1974 Code § 116-11; Ord. No. 190; Ord. No. 248; Ord. No. 369; Ord. No. 492; Ord. No. 524]
a.
Prior to the commencement of mining or excavation operations under a license or permit issued pursuant to this chapter, the overburden or topsoil, which for the purposes of this chapter shall be defined as the upper six inches to 10 inches of soil, shall be stripped and stockpiled on the premises. At the conclusion of the mining or excavation operation, or when 1/4 of the area for which a license or permit has been issued, has been mined or excavated to the planned grade, which occurs first, such topsoil shall be respread over the mine or excavated areas, including slopes, to a depth of four inches and capable of supporting a cover crop. A cover of suitable mixture of grasses and/or legumes shall be established in accordance with the standard for permanent vegetative cover in the Standards for Soil Erosion and Sediment Control in New Jersey. Species shall be those listed in the standard, based on site condition, or other species as recommended by the Ocean County Soil Conservation District. In addition, the land shall be reforested so that there will be a minimum of 100 tree seedlings per acre surviving after one year. Seedlings shall be in a grid pattern of approximately twenty-foot centers. Species of seedling will be those as recommended, in writing by the Ocean County Soil Conservation District.
b.
Prior to respreading the overburden or topsoil, the licensee or permittee shall grade the mined or excavated area to eliminate any depression in which water can accumulate and stagnate. The licensee or permittee shall also grade the sides of the mined or excavated area so that a slope of four feet horizontal to each one foot of depth of the excavation remains.
[1974 Code § 116-12; Ord. No. 190; Ord. No. 248; Ord. No. 478]
a.
Before any license is granted hereunder, the applicant for such license shall file with the Township Council a bond or cash deposit. The bond shall be in form acceptable to the Township Council and shall be the bond of a reputable surety company authorized to do business in the State of New Jersey. The bond shall guarantee that the premises to be licensed by the applicant shall be restored in accordance with the provisions of this section. The expiration date of the bond shall in no event be less than one year after the expiration date of the license applied for. The amount of the bond shall be determined by the Township Engineer and the estimate shall be attached to the bond itself or submitted with any cash deposit. In no event shall the bond estimate be less than an amount equal to $1,500 per acre for the premises for which a license is sought.
b.
In the event that the licensed property or premises is not restored in accordance with the provisions of this section, the Township Council shall serve written notice upon the licensee and the Township shall reserve the right to restore the licensed property or premises in accordance with this section by using any cash deposit or the proceeds from any bond filed with the Township.
c.
In the event that a licensee under this section does not renew his license within 30 days of the expiration of his license, it shall be mandatory for such person, corporation or other entity to immediately commence restoration of the previously licensed property or premises in accordance with the provisions of this section, or such person, corporation or other entity shall be liable to prosecution under the penalty provisions of this section.
[1974 Code § 116-13; Ord. No. 190; Ord. No. 248]
This chapter shall not apply to the following work or under the following conditions:
a.
Excavations for cellars, basements, foundations, footings, cesspools or septic tanks where an existing valid building permit and plumbing permit have been issued to the person or persons responsible for the excavation.
b.
Where an owner, lessee or buyer under contract desires to bring down to street grade a plot of ground for which a valid building permit has been issued, provided that the plot of ground is not of an area greater than 10 times the habitable floor area of the proposed structure covered by the building permit in force.
c.
Where an owner, lessee or buyer under contract desires to grade property without removal of any soil, sand, gravel, stone or mineral deposits from the property.
[1974 Code § 116-14; Ord. No. 190; Ord. No. 248; Ord. No. 369]
The annual license fee for the license required by this section shall be as follows:
[1974 Code § 116-15; Ord. No. 190; Ord. No. 248; Ord. No. 369]
No license shall be granted which will permit a licensee to, and no licensee shall:
a.
Engage in the business referred to in subsection 30-2.3 hereof unless the applicant for the license or the licensee is the owner of the lands from which the mineral deposits or substances are proposed to be removed, or unless he has filed with the Township Clerk a written consent of the owner of the land to allow him to remove the mineral deposits or substances. If the applicant for the license is the owner of the land, he shall state such in his application, and if a consent is required hereunder, it shall accompany the application to be filed with the Township Clerk.
b.
Commence or continue the operation for the removal of any sand, stone, gravel, mineral deposit or any combination of any two or more of them from any land until the license fee elsewhere in this chapter specified has been paid to the Township and until the appropriate license or permit therefor has been issued.
c.
Begin to operate and engage in the business until the Township Engineer has caused the corners and exterior lines of the licensed premises to be staked and marked or has approved same so that the licensed area shall be clearly designated and in order that no public highway or private property of another shall be endangered by the proposed business. If the licensee desires the Township Engineer to so stake and mark the area, the licensee shall pay the Township Engineer for his services in so doing. If the licensee desires, he may have any licensed New Jersey land surveyor stake and mark the area; provided that if such procedure is followed, the Township Engineer shall check the field work and approve same to the Township Council.
d.
Prevent or attempt to prevent or hinder the Township Council or any of its designated employees or servants from viewing, checking and examining the licensed premises at any reasonable time.
e.
Remove or permit to be removed or obliterated any stake or marking. If any of the stakes or markings are removed or destroyed, same shall be promptly replaced by the licensee. The intent of this provision is that the stakes and markings shall be maintained at all times on the licensed premises by the licensee.
f.
Permit any child or children upon his licensed premises or do anything to permit or cause the licensed premises to be or continue as an attractive nuisance to children. All licensees shall make all reasonable efforts to prevent trespassers from entering upon, passing through or using the licensed premises.
g.
Construe his license to cover any other area or parcel of land than the area, lot or parcel described in his license.
h.
Bury or cause to be buried on the licensed premises any logs, stumps, branches, brush, leaves or rubbish of any sort.
i.
Attempt in any manner to assign or transfer in any manner any license or permit issued pursuant to this section to any person, firm or corporation unless such person, firm or corporation has made application for such class of license or permit and obtained approval of such application by the Governing Body of the Township.
j.
Permit any other person, firm or corporation, as principal, to conduct operations under any license or permit issued pursuant to this section.
k.
Remove or relocate any sand, stone, gravel, soil or other mineral deposit from any land unless and until all taxes on the land shall have been paid.
[1974 Code § 116-16; Ord. No. 190; Ord. No. 248]
The Township Engineer shall visit, examine and check each licensed premises as often as necessary to make certain that the provisions of this section are being observed at all licensed premises and by all licensees. If any infraction is found by the Township Engineer, he shall promptly report same in writing to the Township Council.
[1974 Code § 116-17; Ord. No. 190; Ord. No. 248]
a.
No licensee shall operate the licensed premises in such a manner that any natural stream of water shall be interfered with or have its course altered to the detriment of any person or landowner. No licensee shall substantially alter, change or interfere with any natural watershed or natural surface-water course without the approval of the Township. No licensee shall detrimentally interfere with or affect the natural drainage of any land other than that licensed hereunder.
b.
No licensee, except a licensee who has in fact been in operation prior to the date of passage of this chapter where the dredging has been to a depth of more than 20 feet, shall excavate or dig below the existing water table. No licensee shall dig or excavate within 300 feet from the site of any dedicated street. A dedicated street shall be considered as any street which is open to the public, as well as any street which is listed on a map on file in the County Clerk's office.
[1974 Code § 116-18; Ord. No. 190; Ord. No. 248]
The terms "lot" and "block" as used in this chapter shall refer to the lot and block designated on the official tax map of this Township.
[1974 Code § 116-19; Ord. No. 190; Ord. No. 248]
Any substantial infraction of any of the provisions of this section shall be sufficient grounds to enable the Township Council, after a public hearing upon reasonable written notice, to suspend or revoke any license or permit issued under the terms of this section.
[1974 Code § 116-20; Ord. No. 190; Ord. No. 248]
a.
In any area, location or zone of Berkeley Township where a landowner, tenant or other interested party desires to excavate 1,000 or less cubic yards of sand, gravel, soil, topsoil, stone or mineral deposits, or combination of any two or more of them, from a parcel of land or from two or more contiguous parcels of land, but where the primary purpose of such excavation is to grade the property and none of such material shall be sold or bartered, then no license shall be required; but if such material is to be removed from the property, a temporary permit shall be obtained before such removal or excavation. Each temporary permit shall expire on the last day of the calendar year of its issuance. It may be renewed only once. The minimum fee for such permit shall be $50. If the area of the parcel to be so graded is more than two acres in size, the fee shall be, in addition to the $50 minimum, the further sum of $20 per acre or fractional part thereof over the first two acres. The applicant for such permit shall file a written application therefor with the Township Clerk and accompany such application with:
1.
The written consent of the landowner if the applicant is other than the landowner.
2.
The necessary fee, as required above.
3.
A written statement of how much time will be required to complete the proposed grading of the land.
4.
A contour of other map showing present grade and proposed grade of the premises in question, after the operation shall be completed, adjacent or the nearest public highways and all adjacent properties within 300 feet of the premises in question, using numbers of lots and blocks as shown on the official tax map for all land referred to thereon. On one or more of the maps or in other written data accompanying the map or maps, the applicant shall show drainage problems that will be created as a result of the proposed removal and how such problems will be corrected by the landowner or applicant.
5.
A written statement setting forth what, if anything, is upon the lands, such as buildings, trees, brush, building materials or otherwise, and how the applicant proposes to dispose of such buildings and materials as are on the lands. No lumber, building materials, debris, cut or dead trees, stumps, brush or other waste shall be buried upon the land for which a grading permit shall be granted.
6.
A map or plan showing that the completed, proposed excavated grade shall be above the grade of adjacent or the nearest public highway or highways except for cellar excavation where a building is proposed to be constructed immediately thereafter.
7.
Where the completed grade of the premises in question will be below the grade of adjacent land or lands owned by another, the bank or banks of applicant's land shall be sloped four feet horizontal to each one foot of depth so as not to endanger, erode or otherwise damage the property of any other person or create a safety hazard dangerous to any person on any of the lands.
b.
No person, firm or corporation shall remove any soil, sand, gravel, stone or mineral deposits from any parcel of land where a permit is required hereunder until such permit is acquired. No permit shall be granted if it is apparent to the Township, its Governing Body or Engineer that the proposed removal would create a danger or hazard to any public highway or the property of another or would cause or be likely to cause or create a drainage problem on the lands or adjacent lands, a dust nuisance or a health or sanitary nuisance or a place where stagnant water may accumulate.
c.
No person, firm or corporation shall fail to promptly remove the materials from the land for which a permit is granted or fail to establish the final grades of the premises in such form and manner as shown on the application.
d.
Any person applying for a temporary permit under this section and who sells or offers to sell or barter for the mineral deposits to the amount of 1,000 cubic yards or less shall not be required to obtain a special use permit.
[1974 Code § 116-21; Ord. No. 190; Ord. No. 248]
If any landowner, tenant or other interested party desires to excavate less than 1,000 cubic yards of sand, gravel, soil, stone or mineral deposits, or a combination of any two or more of them, from any parcel of land, and shall not sell or barter them or offer them for sale, and where the primary purpose of such excavation is to grade the property, no permit nor special use permit shall be required.
[1974 Code § 116-22; Ord. No. 190; Ord. No. 248]
No person, persons, partnership, firms or corporations shall sell or offer to sell or barter any soil, topsoil, sand, gravel, stone or mineral deposits, or any one or combination of them, which have been excavated or removed from lands within the Township, without having first obtained a special use permit and a license under the terms of this section.
[1974 Code § 116-23; Ord. No. 190; Ord. No. 248; Ord. No. 478; Ord. No. 88-43]
Any person, partnership, corporation or other entity who violates any provision of this section shall be subject to one or more of the penalties as stated in Chapter 1, Section 1-5. In the event that the Statutes of the State are amended to provide greater penalties, this section may be construed to authorize and permit the imposition of the maximum fine, imprisonment or community service. The purpose of this penalty clause is to provide the maximum penalty permitted by law.