This chapter shall be known as the "Soil Erosion and Sediment
Control Ordinance of the Township of Montague."
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.
Rules applying to text. For the purpose of this chapter, certain
rules of word usage apply to the text as follows:
A. Words used in the present tense include the future tense; and the
singular includes the plural, unless the context clearly indicates
the contrary.
B. The term "shall" is always mandatory and not discretionary; the word
"may" is permissive.
C. The word or term not interpreted or defined by this section and §
57A-4 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:
APPLICANT
A person, partnership, corporation or public agency requesting
permission to engage in land disturbance activity or seeking site
plan or subdivision approval from the Planning Board.
CRITICAL AREA
A sediment-producing highly erodible or severely eroded area.
EROSION
Detachment and movement of soil or rock fragments by water,
wind, ice and gravity.
EROSION AND SEDIMENT CONTROL PLAN
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
Any act by which soil or rock is cut into, dug, quarried,
uncovered, removed, displaced or relocated.
FARM CONSERVATION PLAN
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.
LAND
Any ground, soil or earth, including marshes, swamps, drainageways
and areas not permanently covered by water within the municipality.
LAND DISTURBANCE
Any activity involving the clearing, grading, transporting,
filling and any other activity which causes land to be exposed to
the danger of erosion.
MULCHING
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.
PERMIT
A certificate issued to perform work under this chapter.
SEDIMENT
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
A barrier or dam built at a suitable location to retain rock,
sand, gravel, silt or other material.
SITE
Any plot, parcel or parcels of land.
SOIL
All unconsolidated mineral and organic material of any origin.
STANDARDS
Standards for Soil Erosion and Sediment Control in New Jersey
as promulgated by the State Soil Conservation Committee.
STRIPPING
Any activity which significantly disturbs vegetated or otherwise
stabilized soil surface, including clearing and grubbing operations.
SUSSEX COUNTY SOIL CONSERVATION DISTRICT
A governmental subdivision of this state, which encompasses
this municipality, organized in accordance with the provisions of
Chapter 24 of Title 4 of the New Jersey Revised Statutes.
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:
A. Stripping of vegetation, grading or other soil disturbance shall
be done in a manner which will minimize soil erosion.
B. Whenever feasible, natural vegetation shall be retained and protected.
C. The extent of the disturbed area and the duration of its exposure
shall be kept to a practical minimum.
D. Either temporary seeding, mulching or other suitable stabilization
measure shall be used to protect exposed critical areas during construction
or other land disturbance.
E. Drainage provisions shall accommodate increased runoff, resulting
from modified soil and surface conditions, during and after development
or disturbance.
F. Water runoff shall be minimized and retained on site whenever possible
to facilitate groundwater recharge.
G. Sediment shall be retained on site to the maximum extent feasible.
H. Diversions, sediment basins and similar required structures shall
be installed prior to any on-site grading or disturbance.
I. Permanent vegetative protection and erosion control measures shall
be established as soon as practically possible.
[Amended 1-9-90 by Ord. No. 89-20]
Upon applying for a permit pursuant to the provisions of this
chapter, the applicant shall pay a fee to cover the cost of the initial
review of the proposed land disturbance in the amount of $100, unless
the application is part of an application for a major subdivision,
or for site plan approval. If the application is part of an application
for a major subdivision or site plan approval, no additional fee shall
be charged unless the Township Engineer shall certify that a review
of the land disturbance plan was sufficiently involved so that the
fees paid in connection with the other applications are insufficient.
In such case, the applicant shall be charged that additional fee charged
by the Engineer of the township, but in no event in excess of $100.
A. Inspection shall be provided for during construction and the applicant
shall be required to have the certified plans on site during construction.
B. Upon issuance of a permit, the applicant shall pay a fee not in excess
of $100 to cover field checks by the Engineer.
[Amended 1-9-90 by Ord. No. 89-20]
The following activities are specifically exempt from this chapter:
A. Land disturbance of 5,000 square feet or less.
B. The construction of a single-family dwelling unit 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.
C. Use of land for gardening primarily for home consumption.
D. Agricultural use of lands when operated in accordance with a farm
conversation plan approved by the Sussex County Conservation District
or when it is determined by the District that such use will not cause
excessive erosion and sedimentation.
[Amended 6-8-82 by Ord. No. 82-6; 4-24-90 by Ord. No. 90-4]
Any person aggrieved by any decision or action of the Soil Erosion
and Sediment Control Officer or Planning Board under this chapter
may appeal to the Township Committee. Such appeal shall be made in
writing and filed with the Township Clerk within 10 days from the
date of such decision or action. The appellant shall be entitled to
a hearing before the Township Committee within 30 days from the date
of appeal.
If any person violates any of the provisions of this chapter,
any standard promulgated pursuant to the provisions of this act or
fails to comply with the provisions of a certified plan, the municipality
or the 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 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.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.
This chapter shall take effect following municipal adoption
and publication according to law and upon subsequent and final approval
by the State Soil Conservation Committee.