No person shall excavate or otherwise remove soil for use other
than on the tax lot, as shown on the current Branchburg Township tax
map, from which the soil shall be taken, except in connection with
accepted methods of contour farming and erosion prevention without
first having procured permission thereof from the Township Engineer.
The provisions of this section shall not apply to the removal of such
soil as is normally required in the removal of trees, bushes, plants,
etc., nor shall such provisions apply to the sale of sod.
[Ord. No. 2015-1279]
The Township Engineer shall not consider any application for
the removal of soil unless and until the owner of the premises shall
first file with the Township Engineer an application requesting such
permission, together with a map of the premises and the bond required
by subsection 9-1.6. In addition, the Township Engineer may require
a map showing the contour lines and proposed contour grades resulting
from such intended removal of soil in relation to the topography of
the premises, where such a map is deemed necessary to adequately pass
upon such application, and the proposed contour lines and proposed
grades shall be subject to the inspection and approval of the Township
Engineer. If such contour map is required, no such permission for
soil removal shall be issued until the proposed contour lines and
grades have been approved by the Township Engineer. The Township Engineer
may require additional information and requirements as outlined in
the "Soil Import and Export Policy" as amended.
[Ord. No. 2015-1279]
The Township Engineer, in considering and reviewing the application
and in arriving at his decision, shall be guided and take into consideration
the public health, safety and general welfare, and particular consideration
shall be given to the following factors:
A. The Township reserves the right of first refusal to any excess soils
generated resulting from a development within the Township. These
soils shall be delivered to the site selected by the Township. If
the Township elects not to accept the soil, the Developer shall find
a site within the municipality.
E. Lateral support slopes and grades of abutting streets and lands.
G. Such other factors as may bear upon or relate to the coordinated, adjusted and harmonious physical development of the Township. If after examining the application and the map, or maps, provided for in subsection
9-1.2, the Township Engineer shall be of the opinion that the proposed soil removal will not create conditions inimical to the public health, welfare and safety, and will not result in the creation of any sharp declivities, pits or depressions, soil erosion or fertility problems, depressed land values, nor create any drainage, sewerage problems or other conditions of danger, permission to remove the soil shall be granted.
If permission to remove the soil shall be granted, the owner
or person in charge shall so conduct the operations that there shall
be no sharp declivities, pits or depressions, and in such manner that
the area shall be properly leveled off, cleared of debris and graded
as approved by the Township Engineer. In addition, the Township Engineer
may, in his discretion, require the retention and replacement of the
top layer of arable soil for a depth of six inches.
Any person to whom permission may be granted to remove soil
pursuant to the terms of this section shall be responsible for the
proper completion of the removal in accordance with the terms of the
application and permit and the terms of this section. Such person
shall also be responsible for the repair or replacement of any real
or personal property of the Township, including but not limited to
streets and roads, which may be damaged during the course of the removal
or the transportation of soil which has been removed. Upon the completion
of soil removal pursuant to a permit under this section, the Township
Engineer shall certify to the Township Committee that the soil removal
has been properly completed with no damage to property of the Township
or that the soil removal has not been properly completed or that there
has been damage to Township property during the course of the removal.
The Township Engineer shall also certify to the Township Committee
his estimate of the cost to properly complete the removal or to repair
or replace the damaged property.
No permit shall be issued pursuant to this section until the
applicant files a performance guarantee in the face amount of $15,000
to insure the faithful performance of the work to be undertaken pursuant
to the permission granted hereunder. At least $5,000 of such guarantee
shall be in cash or certified check and the balance shall be in form
and with surety acceptable to the Attorney of the Township of Branchburg.
No excavation shall be made, and no soil shall be removed under
the provisions of this section, unless a permit therefor shall have
been first obtained as provided herein, and no excavation shall be
made, and no soil shall be removed except in conformity with the provisions
of this section.
Any person violating any of the provisions of this section shall be liable to the penalty stated under Article
VII.
This section shall be known as the Soil Erosion and Sediment
Control Section.
The purpose of this section is to control soil erosion, sediment
damage, 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.
A. Regulation.
1.
No person, municipal corporation or other public agency shall
engage in any land disturbance activity within this Township unless:
(a)
He has obtained written approval from the Township Engineer,
the Planning Board or Somerset-Union Soil Conservation District. Such
written approval shall not be issued unless there has been submitted
to the Township, a soil erosion and sediment control plan for the
land areas which the applicant proposes to disturb. The plans shall
be in accordance with the Standards for Soil Erosion and Sediment
Control in New Jersey as defined herein.
(b)
The proposed land disturbance activity is exempt by subsection
9-2.4.
B. Data required.
1.
The applicant shall submit a separate soil erosion and sediment
plan for each noncontiguous site. The plan shall be submitted to the
Planning Board where the applicant has applied to it for subdivision
or site plan approval or seeks some other approval from the Planning
Board. In all other cases the plan shall be submitted to the Zoning
Officer of the Township.
2.
All plans shall contain:
(a)
The lot and block number of the property as set forth on the
tax map.
(b)
Location and description of existing natural and man-made features
on and surrounding the site including topography, all impervious surfaces,
soil and drainage characteristics, a copy of the Soil Conservation
District survey where available and information setting forth the
location and description of woods, vegetation, and other features,
critical to the purpose of this section.
(c)
Location and description of proposed changes to the site.
(d)
Detailed plans for all soil erosion and sediment control measures
(or practices) which shall be equivalent to or exceed The Standards
for Soil Erosion and Sediment Control in New Jersey as defined herein.
Such Standards shall be on file at the offices of the Soil Conservation
District and the Township Clerk.
(e)
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.
(f)
Proposed or anticipated final grading plan, showing location
and grades of all proposed building, roads, parking lots, and drainage
ways. The plan shall indicate all areas to remain in a natural or
undisturbed state.
(g)
All proposed revisions of data required shall be submitted for
approval.
C. Review and approval. The Township Engineer or the Somerset-Union
Soil Conservation District shall approve any such plan when in conformance
with the principles, standards and requirements set forth in subsection
9-2.3 and such standards as required by law. Such review and decision
shall be made within a period of 30 days of submission of a complete
application unless, by mutual agreement in writing between the municipality
and the applicant, this period is extended for an additional 30 days.
Failure of the municipality 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 Township
Engineer. A copy of such decision including name of applicant, site
location by street address and block number, and proposed land use
shall be sent to the Somerset-Union Soil Conservation District. The
municipality shall also make available such other information as may
be required by the district.
A. General design principles. 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:
1.
Stripping of vegetation, grading or other soil disturbances
shall be done in a manner which will minimize soil erosion and storm
water runoff.
2.
Whenever feasible, natural vegetation shall be retained and
protected.
3.
The extent of the disturbed area and the duration of its exposure
shall be kept within practical limits.
4.
Either temporary seeding, mulching or other suitable stabilization
measures shall be used to protect exposed critical areas during construction
or other land disturbance.
5.
Drainage provisions shall accommodate increased on-site runoff
resulting from modified soil and surface conditions both during and
after site development.
6.
Water runoff shall be minimized and retained on-site wherever
possible to facilitate ground water recharge.
7.
Surface water runoff shall not be transferred from one watershed
to another.
8.
Sediment shall be retained on-site to the maximum extent feasible.
9.
All soil erosion and sediment control practices shall be installed
prior to any on-site grading or disturbance. All water carrying structures
and retention areas shall be completed and stabilized prior to diversion
of water to them.
B. Performance and maintenance.
1.
No certificate of occupancy shall be issued until there has
been compliance with the approved plan for permanent measures to control
soil erosion and sedimentation. A formal report of such compliance
must be filed by the applicant with the Zoning Officer of the Township
and with the Somerset-Union Soil Conservation District.
2.
All necessary soil erosion and sediment control measures installed
under this ordinance shall be adequately maintained by the applicant
for two years after the final approval of such measures or until such
measures are permanently stabilized as determined by the Township
Engineer or the Somerset-Union Soil Conservation District.
3.
The applicant shall have a copy of the certified plan on the
site at all times during construction.
4.
At the time the applicant files his application, he shall pay
a fee to cover the cost of processing the application and make inspections.
Such fee shall be in accordance with a schedule approved by the Township
Committee by resolution.
5.
If at any time it appears that a project is not being executed
in accordance with a certified plan, the Township Zoning Officer,
or the Somerset-Union Soil Conservation District may issue a stop
construction order. Upon the issuance of a stop construction order
all work on the site shall immediately cease.
No land disturbance approval shall be required in connection
with any of the following activities provided that the provisions
of subsection 9-2.5 (Prohibited Activities) will not be violated:
A. Minor subdivision, provided that there will be no disturbance to
more than 5,000 square feet of surface area of land for accommodation
of construction.
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 Somerset-Union Soil Conservation
District or when it is determined by said district that such use will
not cause excessive erosion and sedimentation.
D. Construction of a single family dwelling unit, provided that such
unit is no part of a proposed subdivision, site plan, conditional
use, zoning variance, planned development or construction permit application
involving two or more such single family units.
E. Construction sites where the land disturbance is 5,000 square feet
or less.
No person or public body, whether he has obtained land disturbance
permit or whether the land disturbance activity he engages in is exempt
under subsection 9-2.4 shall:
A. Engage in or permit, allow or suffer any land disturbance activity
on its land which results in any soil erosion or sediment runoff or
in depositing any soil or sediment runoff or in depositing any soil
or sediment onto any public or private road, right of way or easement.
B. Strip vegetation, grading or other soil disturbance in a manner which
will not minimize soil erosion sand storm water runoff.
C. Fail to retain and protect natural vegetation whenever feasible.
D. Fail to keep the extent of the disturbed area and the duration of
its exposure within practical limits.
E. Fail to use either temporary seeding, mulching or other suitable
stabilization measures to protect exposed critical areas during construction
or other land disturbance.
F. Fail to retain sediment on site to the maximum extent feasible. In
the event there is any runoff pursuant to subsection 9-2.5A, the Township
Engineer shall give the occupant or owner three days' written notice
to remove the soil or sediment deposits. If the occupant or owner
refuses or fails to do so, the Township may do so at the cost and
expense of the occupant and owner in addition to seeking such other
remedies as permitted by law or by this section. In addition, the
owner and occupant shall be deemed to be in violation of this section
and shall be subject to the penalties as provided by subsection 9-2.6.
A. If any person violates any of the provisions of this section pertaining
to a project, as hereinabove defined, the Township of Branchburg may
institute a civil action in the Superior Court for injunctive relief
to prohibit and prevent such violation or violations. In such a proceeding
the party violating the provisions of this ordinance 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.) where any violation is of a continuing nature, each
day during which it continues shall constitute an additional separate
and distinct defense.
Any person who shall otherwise violate any of the provisions
of this section or who shall take part in or assist in any violation
of this section shall, upon conviction in the municipal court in the
Township of Branchburg, be liable to a fine not to exceed $500 or
imprisonment for a term not exceeding 90 days or both. Each and every
day that such violations continue, shall be deemed to be a separate
and distinct violation of this section.
B. Other remedies. Where there is any land disturbance activity in violation
of this section and where a building or other structure is in the
course of construction or about to be occupied, and if the safety,
public health, convenience or general welfare of the Township would
not be adequately protected or safeguarded if any such building or
structure were permitted to be occupied or its construction completed,
then and in any such instance, while the violation continues, the
Zoning Officer may revoke any building permit previously granted and
stop the work then in progress and the Building Inspector may refuse
to issue a certificate of occupancy for any such buildings or structures.
The Township Zoning Officer shall make all inspections necessary
and required to insure that there is compliance with this section
and with the provisions of any land disturbance permit which was issued.
In addition, any authorized representative of the Somerset-Union Soil
Conservation District or the State Soil Conservation Committee shall
be authorized to make any inspection.
Application for written approval pursuant to subsection 9-2.2
shall confer upon the Township Zoning Officer, his authorized agent,
or any other person authorized by this section, the right to inspect
the premises upon which the land disturbance activity is to take place
and to enter thereon for the purpose of making the inspection.
In the event the Township Zoning Officer or the Somerset-Union
Soil Conservation District (where authorized by contract) finds that
the work being done is not in accordance with the approval or with
the soil erosion or sediment control plan filed with the application,
the approval of any further work may be refused and the installation
of necessary erosion and sediment control measures may be required.
In addition, all other penalties and remedies as provided in this
section may be sought.
Any person aggrieved by any decision or action by any municipal
agents under this section may appeal to the Township Committee. The
appeal shall be in writing and shall be filed within 10 days from
the date of any such decision or action. The Township Committee shall
hold a hearing within 30 days from the date of the appeal. Notice
of appeal shall be filed by the applicant with the Township Clerk
and served upon the Zoning Officer.