Prior ordinance history includes portions of Ordinance Nos.
18-97, 01-07 and 2-14.
[Ord. No. 2012-07]
This article shall be known as the "Soil Erosion and Sediment
Control Regulations of the Township of Green."
[Ord. No. 2012-07]
The purpose of this article 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.
[Ord. No. 2012-07]
As used in this article:
Shall mean the Soil Erosion and Sediment Control Act of 1975,
N.J.S.A. 4:24-39 et seq.
Shall mean the cultivation of land for the production of
food, fiber, animals and related activities customary to agricultural
production and operations.
Shall mean a request for a review of Township or District
action.
Shall mean a person, partnership, corporation or public agency
requesting permission to engage in land disturbance activity or seeking
site plan, subdivision or variance approval from the Planning Board
and/or Zoning Board of Adjustment and/or a building or land disturbance
permit.
Shall mean a plan and any revisions thereto reviewed and
approved by the Township or District as conforming to the standards
promulgated by the State Soil Conservation Committee.
Shall mean an application and all required items as set forth
in N.J.A.C. 2:90-1.4 for soil erosion and sediment control plan certification
and that are administratively and technically sufficient for Township
or District certification.
Shall mean sediment-producing, highly erodible or severely
eroded area, as well as 10% hydric soils or waterfront soils. The
Township Engineer, or his/her agent, Sussex County Soil Conservation
District, shall be the authority determining critical areas.
Shall mean the demolition of one or more structures including
the disturbance of all land area necessary to accomplish the work.
Shall mean the Sussex County Soil Conservation District.
Shall mean detachment and movement of soil or rock fragments
by water, wind, ice and gravity.
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 the Standards for Soil Erosion
and Sediment Control in New Jersey as promulgated by the State Soil
Conservation Committee. An erosion and sediment control plan upon
approval by the Green Township Municipal Engineer, or his/her authorized
agent, Sussex County Soil Conservation District, will become a certified
plan. All references in these regulations to certified plan shall
mean the soil erosion and sediment control plan approved by the Green
Township Municipal Engineer or his/her authorized agent, Sussex County
Soil Conservation District.
Shall mean any act by which soil or rock is cut into, dug,
quarried, uncovered, removed, displaced or relocated.
Shall mean a plan 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 the Planning Board or Zoning Board of Adjustment.
Shall mean any ground, soil or earth, including marshes,
swamps, drainageways and areas not permanently covered by water, within
the Municipality.
Shall mean any activity involving the clearing, grading,
transporting, and filling of land, and any other activity which causes
land to be exposed to the danger of erosion.
Shall mean modifications to the soil erosion and sediment
control plan which require the Township or District to reevaluate
the adequacy of erosion controls for the project and compare the plan
to the standards.
Shall mean modifications which require minimal examination
of the submittal and do not impact the integrity of the previously
certified soil erosion control measures as determined by the Township
or District.
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
article.
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.
Shall mean a barrier or dam built at a suitable location
to retain soil, rock, sand, gravel, silt or other material.
Shall mean a site specific chronology of proposed erosion
control plan components including temporary and permanent soil erosion
and sediment control measures, integrated with site development related
land disturbances that minimizes erosion and sedimentation.
Shall mean any plot, parcel or parcels of land.
Shall mean all unconsolidated mineral and organic material
of any origin.
Shall mean an agency of the State established in accordance
with the provisions of N.J.S. 4:24.
Shall mean any activity which significantly disturbs vegetated
or otherwise stabilized soil surface, including clearing and grading
operations.
Shall mean anchoring of mulch, also known as tacking. This
is a technique which is applied immediately after mulching to prevent
loss by wind or rain. The method used to anchor mulch will depend
on size of area, steepness of slope and cost. The various methods
of anchoring mulch are described in the Standards for Soil Erosion
and Sediment Control in New Jersey as promulgated by the State Soil
Conservation Committee.
Shall mean the duly appointed current Township Engineer of
the Township of Green.
Shall mean a plan for soil erosion and sediment control which
the applicant or their agent has rescinded from further action by
the Township or District.
[Ord. No. 2012-07]
No land shall be disturbed by any person, partnership, corporation
or public agency until such time as a plan for soil erosion and sediment
control in accordance with the Standards for Soil Erosion and Sediment
Control in New Jersey, adopted by the State Soil Conservation Committee,
has been certified by the Green Township Municipal Engineer, or his/her
authorized agent, Sussex County Soil Conservation District, and a
valid land disturbance permit, if required, has been issued by the
Township Committee after the appropriate performance surety has been
provided to the Township and/or a building permit has been issued
by the Municipal Construction Official. The land disturbance permit
requirements are detailed in § 30-14i, and are applicable
for all subdivisions and site plans. All public facility projects
shall be submitted to the Sussex County Conservation District for
review, certification and enforcement.
[Ord. No. 2012-07]
No subdivision, site plan, land development plan or building
construction which disturbs more than 5,000 square feet shall be approved
unless it includes a soil erosion and sediment control plan in accordance
with the provisions of this section.
[Ord. No. 2012-07]
On all site plans, minor subdivisions, preliminary major subdivision
plots or other applications requiring Planning Board or Zoning Board
of Adjustment approval and involving land disturbance, there shall
be submitted to the Planning Board or Zoning Board of Adjustment,
whichever Board the application is filed with, a soil erosion and
sediment control plan, which shall be approved and certified by the
Green Township Municipal Engineer, or the Township's authorized
agent, Sussex County Soil Conservation District. The approved certified
soil erosion and sediment control plan shall be filed with and become
a part of the preliminary major subdivision, minor subdivision, site
plan or other application.
[Ord. No. 2012-07]
a.
A certified soil erosion and sediment control plan shall be required
for all new construction which:
1.
Disturbs 5,000 square feet or more of land, or
2.
For the operation of all soil removal, mining or quarrying activities
regardless of proposed or actual related agricultural or horticultural
use. Mining or quarrying activities shall include the extraction and
removal of soil and/or sediment, as defined in N.J.S.A. 4:24-41, from
the proposed site, or
3.
Any demolition of one or more structures and any associated new disturbance
activity involving more than 5,000 square feet in size including the
construction of one single-family dwelling or other project shall
obtain soil erosion and sediment control plan certification, or
4.
Involves construction and land disturbance on land of average slopes
of 10% or more, as determined by the topography on the map, or
5.
For land disturbance of any size, which the Township Engineer, or
the Township's authorized agent, Sussex County Soil Conservation
District, has determined has the potential to affect environmentally
sensitive areas, such as open waters, streams, ponds, wetlands, wetland
buffers, swamps, intermittent streams, which are regulated by NJDEP
Freshwater Wetlands Regulations, or
6.
Any land determined to be sensitive to erosion by the Township Committee,
Planning Board, Zoning Board or Township, Planning or Zoning Board
Engineer, such as drainage easements, detention basins or other drainage
facilities, or
7.
Clearing or grading of land.
(a)
Except as provided in (b) and (c) below, a person proposing
to engage in or who is engaging in clearing or grading of more than
5,000 square feet of land shall be subject to this chapter and the
act unless such land disturbance is for agricultural or horticultural
proposes. To demonstrate to the Township that such activity is related
to proposed agricultural or horticultural activities, the owner shall
provide proof that the land is enrolled in a farmland preservation
program, eligible for farmland assessment, qualifies for right-to-farm
protection, or possesses a farm conservation plan or forest management
plan, timber harvest sale contract or other proofs deemed appropriate
by the Township. The Township shall determine if the proofs demonstrate
an agricultural or horticultural activity or is subject to the act
and this chapter.
(b)
Certification of a soil erosion and sediment control plan shall
be required for the construction of agricultural structures, involving
the disturbance of greater than 5,000 square feet of land unless the
disturbance is incorporated into a farm conservation plan approved
by the Sussex County Soil Conservation District as conforming to the
United States Department of Agriculture, June 1, 2005 Field Office
Technical Guide, which is hereby adopted and incorporated by reference,
as amended and supplemented.
(1)
Copies of the New Jersey Field Office Technical Guide are available
from the NRCS Field Offices and the State Office at 220 Davidson Avenue,
4th Floor, Somerset, NJ 08873.
(2)
An electronic copy of the New Jersey Field Office Technical
Guide is available at http://www.nrcs.usda.gov/technical/efotg/.
(3)
A copy of this document is on file in the NJDA Office of the
Director, Division of Agricultural and Natural Resources, Health and
Agricultural Building, Market and Warren Streets, Trenton, NJ 08625.
(c)
Disturbances on agricultural land greater than 5,000 square
feet in size other than for agricultural or horticultural purposes
may be subject to the act and this chapter or may be incorporated
into the farm conservation plan when so determined by the Sussex County
Soil Conservation District.
b.
Prior to the issuance of a building permit for any construction not
requiring Planning or Zoning Board approval and prior to the issuance
of a land disturbance permit, if required, the Municipal Engineer,
or the Township's authorized agent, Sussex County Soil Conservation
District, shall determine whether or not a soil erosion and sediment
control plan is necessary in order to promote the public health, safety,
convenience and general welfare of the community. The applicant shall
furnish such information as is required by the Municipal Engineer,
or the Township's authorized agent, Sussex County Soil Conservation
District, to make this determination.
c.
If the Municipal Engineer, or the Township's authorized agent,
Sussex County Soil Conservation District, determines that a soil erosion
and sediment control plan is required, such plan shall be submitted
to and reviewed and certified by the Municipal Engineer or the Township's
authorized agent, Sussex County Soil Conservation District.
d.
The Municipal Engineer, or the Township's authorized agent,
Sussex County Soil Conservation District, shall grant approval or
denial of the plan within a period of 30 days of submission of a complete
application, unless this period is extended by a mutual agreement
in writing for an additional thirty-day period. Failure of the municipality
or the District to make a decision within such period or such extension
thereof shall constitute certification. If a plan is determined to
be deficient, the applicant is notified in writing of the deficiencies.
The thirty-day review time clock is stopped. Upon the receipt of the
revised plan and supporting documentation, the time clock shall resume
at 0:00 and an additional 30 days review period shall commence.
e.
Applicants must obtain a Stormwater Construction Permit (5G3-NJ0088323)
Requests for Authorization (RFA) for proposed land disturbances of
one acre or larger. This program is administered by the Sussex County
Soil Conservation District. Upon Township certification of Soil Erosion
and Sediment Control Plan, permittees are required to submit RFA application
and payment electronically on-line utilizing NJDEP's Stormwater
Construction Activity E-Permitting System. Instructions will be provided
to applicant with certification.
[Ord. No. 2012-07]
a.
The applicant shall submit a soil erosion and sediment control plan
for each noncontiguous site. Such plan shall be in accordance with
the latest Standards for Soil Erosion and Sediment Control in New
Jersey.
b.
All proposed revisions shall be submitted to the Municipal Engineer,
or the Township's authorized agent, Sussex County Soil Conservation
District, for review and recertification prior to implementation.
[Ord. No. 2012-07]
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
certified plan:
a.
Prior to commencement of any land or soil disturbance, a preconstruction
meeting shall be held with the Municipal Engineer, or the Township's
authorized agent, Sussex County Soil Conservation District.
b.
Stripping of vegetation, grading or other soil disturbance shall
be done in a manner which will minimize soil erosion.
c.
Whenever feasible, natural vegetation shall be retained and protected.
d.
The extent of the disturbed area and the duration of its exposure
shall be kept to an absolute minimum. Land disturbance shall be phased
and unless otherwise approved, limited to a maximum of five acres
per phase.
e.
Either temporary seeding, mulching or other suitable stabilization
measures shall be used to protect exposed critical areas during construction
or other land disturbance.
f.
Drainage provisions shall accommodate increased runoff resulting
from modified soil and surface conditions during and after development
or disturbance.
g.
Water runoff shall be minimized and detained on site whenever possible
to control soil loss.
h.
Sediment shall be retained on site.
i.
Unless otherwise approved by Municipal Engineer, diversions, sediment
basins, and similar required structures shall be installed prior to
any other on-site grading or disturbance.
j.
All erosion control measures shall be established at the start of
construction and as directed by the Municipal Engineer's inspector,
or the Township's authorized agent, Sussex County Soil Conservation
District, during construction. Temporary stabilization of all disturbed
soil area not under active construction is required within 30 days.
All cut and fill slope areas, where slope is greater than 3:1 must
be stabilized immediately.
[Ord. No. 2012-07]
a.
The requirements of Article I shall be enforced by the Green Township Municipal Engineer, or the Township's authorized agent, Sussex County Soil Conservation District. All Soil Erosion and Sediment Control Plan approvals grant access to the site for site inspections for enforcement and compliance to the Green Township Municipal Engineer, or the Township's authorized agent, Sussex County Soil Conservation District.
b.
The Green Township Municipal Engineer, or the Township's authorized
agent, Sussex County Soil Conservation District, shall be notified,
in writing, by the applicant at least 72 hours prior to the start
of any project.
c.
The Green Township Municipal Engineer, or the Township's authorized
agent, Sussex County Soil Conservation District, may require necessary
measures to be promptly installed and may require modifications to
the plan when, in his judgment, such are necessary to properly control
erosion and sediment.
d.
In the event of failure to comply with the requirements of Article I, the Green Township Municipal Engineer, or the Township's authorized agent, Sussex County Soil Conservation District, may issue a stop-work order. The Municipal Construction Official may revoke building permits and refuse to issue further building permits based on stop-work orders.
e.
No approval for occupancy of any building shall be granted unless
all needed soil erosion and sediment control measures have been completed
or substantially provided for in accordance with this article. Prior
to obtaining a Certificate of Occupancy, a Report of Compliance (ROC)
must be obtained from the Green Township Municipal Engineer, or the
Township's authorized agent, Sussex County Soil Conservation
District. Conditional Report of Compliance (CROC) is issued when conditions
prevent permanent stabilization. Temporary stabilization measures
or erosion controls may be required. The Green Township Municipal
Engineer, or his/her authorized agent, Sussex County Soil Conservation
District, may elect to secure a cash performance guarantee to guarantee
completion of the permanent stabilization work. The period for holding
performance guarantees is determined by the Township Committee.
f.
The applicant shall be required to have the certified plan on site
during construction.
g.
The applicant shall bear the final responsibility for the installation
and construction of all required soil erosion and sediment control
measures.
[Ord. No. 2012-07]
Fees for application are as follows:
a.
Soil erosion and sediment control plans reviewed and certified by
the Sussex County Soil Conservation District fees are set by the District
and approved by the State Soil Conservation Committee.
b.
Soil erosion and sediment control plans reviewed and certified by
the Green Township Municipal Engineer are set by the Green Township
Fee Schedule.
c.
Ordinary Fees. Reasonable fees shall be set by the Township Committee based on the costs for providing services. The Township Committee shall establish fee categories based on the types and sizes of construction projects as per § 33-3f. Any person aggrieved on the set fee may appeal to the Township Committee as per § 26-8.1d.
d.
Appeals to Green Township Planning Board or Zoning Board. Application
fee: $200; escrow fee: $500. The Planning Board or Zoning
Board is the authority to handle appeals regarding an approval or
denial of the application. The Township Committee is the authority
to handle application fee or escrow fee disputes.
e.
Extraordinary Fees. The Township fee schedule shall include the assessment
of fees for reimbursement of extraordinary expenses resulting from
enforcement actions taken. The Township may seek reimbursement for
litigation expenses including court costs and attorney's fees
from the adverse party as part of a negotiated settlement agreement
or where the Township prevails in any litigation action.
[Ord. No. 2012-07]
All requests for exemptions from this chapter for a land disturbance
activity shall be submitted to the Township by the owner or their
authorized representative. Exemption requests shall be in writing
and include a plot or site plan, resolution from the Township or other
suitable documentation indicating the date the lot was created. Hardship
exemptions or waivers shall not be authorized. The following activities
shall be considered exempt:
a.
Land disturbance activities 5,000 square feet or less; and
b.
Single-family dwelling lots not regulated under the following:
1.
An application for a construction permit for any single-family dwelling
unit, on any lot that has arisen from a subdivision approved after
January 1, 1976 comprising two or more contiguous or noncontiguous
single-family dwelling lots, the construction of which would disturb
greater than 5,000 square feet is subject to the act, and the applicant/owner
shall secure certification of a soil erosion and sediment control
plan. The act shall also apply if any lots in the subdivision are
conveyed to separate owners or if construction is by the same or a
separate applicant, owner, builder, or contractor.
2.
The concurrent construction of two or more contiguous or noncontiguous
single-family dwelling units, by the same applicant, owner, builder
or contractor on lots which were part of a preexisting subdivision
approved prior to January 1, 1976, shall be subject to the act and
this chapter provided that the proposed cumulative land disturbance
is greater than 5,000 square feet.
c.
Use of land for gardening primarily for home consumption.
d.
Agricultural use of lands when operated in accordance with a farm
conservation plan approved by the Green Township Municipal Engineer,
or the Township's authorized agent, Sussex County Soil Conservation
District.
e.
Land disturbance associated with any alteration or construction requiring
a permit will automatically include soil removal if less than 5,000
square feet of land or area is disturbed.
[Ord. No. 2012-07]
Any person aggrieved by any decision or action of the Green Township Municipal Engineer, under Article I may appeal to the Planning Board (unless the Zoning Board of Adjustment has administered an application for the property, in which case the Zoning Board of Adjustment shall hear the appeal). Such appeal shall be made in writing and filed with the appropriate Board Secretary within 10 days from the date of such decision or action, along with the appropriate fees as set forth in § 26-8.1d. The appellant shall be entitled to a hearing before the Planning Board/Zoning Board of Adjustment within 35 days from the date of the complete application of appeal with accompanying paperwork and fees, unless additional time is mutually agreed upon by the Board and the aggrieved party. All such proceeding shall be memorialized in the Board's minutes. Appeals from actions of the District may be taken to the District Board of Supervisors or the State Soil Conservation Committee. Application/Escrow fee disputes are filed with the Township Committee and they will set their own hearing date.
[Ord. No. 2012-07]
If any person violates any of the provisions of this Article I, any standard promulgated pursuant to the provisions of this act, or fails to comply with the provisions of a certified plan the Municipality, or its authorized agent, Sussex County Soil Conservation 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 act, any standard promulgated pursuant to this act 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. 2A:58-1 et seq.). 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.
