The purpose of this article and Article XXIV shall be to control soil erosion and sedimentation 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 reduce the danger from stormwater runoff, to retard nonpoint pollution from sediment and to conserve and protect the land, water, air and other environmental resources. This article and Article XXIV are deemed essential and necessary to protect the public health, safety and welfare of the citizens of Raritan Township and the surrounding communities by accomplishing the following purposes:
A. 
Maintaining the useful life of reservoirs by preventing sedimentation.
B. 
Preventing dangers to life and property from flooding resulting from excessive water runoff and clogging of drainage structures.
C. 
Preserving the recreational use of water bodies for swimming and fishing by preventing stagnation.
D. 
Enhancing the recycling of waste water by maintaining sufficient flows in streams to maintain oxygen levels.
E. 
Preventing toxic materials, nitrates and pesticides from entering public water supplies.
F. 
Reducing public expenditures for repair of public facilities resulting from soil erosion and sedimentation.
G. 
Conserving the taxable value of property by enhancing the environmental characteristics of the Township.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
If any person shall violate any of the provisions of this article or Article XXIV or any standard promulgated pursuant to the provisions of these articles or shall fail to comply with the provisions of a certified plan, the Township 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 shall violate any of these provisions or any standard promulgated pursuant to this article or Article XXIV or who shall fail to comply with the provisions of a certified plan shall be liable to a penalty of not more than $3,000 to be collected in a summary proceeding pursuant to the Penalty Enforcement Law, N.J.S.A. 2A:58-10 et seq. The Superior Court, County 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.
The following application and review procedures shall be complied with prior to causing a soil disturbance within the Township:
A. 
No application is required for the following:
(1) 
Soil disturbance of 5,000 square feet or less, except as provided in Subsection B of this section.
(2) 
Agriculture, horticulture or residential landscaping uses.
B. 
Notwithstanding the provisions of Subsection A of this section, any project causing a soil disturbance may be reviewed by the Township Engineer for the applicability of this article if, in the opinion of the Township Engineer, Planning Board or Zoning Board of Adjustment, there exists a danger of soil erosion or sedimentation caused by the project or land use.
C. 
Any project where the soil disturbance will be in excess of 5,000 square feet of surface area but not part of a subdivision or site plan application, except as described in Subsection C(1) of this section, shall submit to the Hunterdon County Soil Conservation District a soil erosion and sediment control plan, which plan shall be reviewed and approved or rejected by the District. A soil erosion and sediment control plan for single-family residential development on a lot not part of a major subdivision or site plan application will not be required unless more than 5,000 square feet of surface area is disturbed and one of the following conditions also exists:
(1) 
Such disturbance is within 100 feet of the top of a bank of a stream or drainageway.
(2) 
The slope of the area being disturbed is greater than 10%.
D. 
Any subdivision or site plan application where the soil disturbance will be in excess of 5,000 square feet of surface area shall submit a soil erosion and sediment control plan to the Planning Board or Zoning Board of Adjustment where applicable, along with all other required information and plans. The Planning Board or Zoning Board of Adjustment shall, as part of the site plan or subdivision review, approve the soil erosion and sediment control plan with or without conditions or disapprove said plan with the reasons for such disapproval.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
Minor amendments to a soil erosion and sediment control plan may be approved by the Township Engineer who shall notify the Planning Board or the Zoning Board of Adjustment where applicable of the nature and reason for the change. Major amendments shall be resubmitted to the original approving agency.
The applicant shall submit a separate soil erosion and sediment control plan for each noncontiguous site. Plan preparation shall be by a professional engineer licensed in the State of New Jersey or other qualified individual.
A. 
The plan shall indicate or contain the following information:
(1) 
Location and description of existing natural and man-made features on soil types and characteristics pursuant to the Hunterdon County Soil Survey.
(2) 
Location and description of proposed changes to the site, including contours and spot elevations showing before and after conditions.
(3) 
Measures for soil erosion and sediment control which shall meet or exceed the standards set forth in the Standards for Soil Erosion and Sediment Control promulgated by the State Soil Conservation Committee. Such publication shall be on file at the offices of the Hunterdon County Soil Conservation District and the Raritan Township Planning Board.
B. 
The Township Engineer, Planning Board or Zoning Board of Adjustment, where applicable, may waive specific plan detail requirements which in the judgment of the Engineer and Board are not necessary to fulfill the intent and purpose of this chapter.
A. 
Plans shall be reviewed and certified by the Township Engineer when in conformance with the Standards for Soil Erosion and Sediment Control. Such review and certification shall be made within a period of 30 days of submission of a complete development or construction application unless, by mutual written agreement between the Township and the applicant, this period is extended for an additional 30 days. Failure of the approving agency to make a decision within such period or such extensions thereof shall constitute certification of the plan. A major revision of the plan shall constitute a new submission.
B. 
The applicant shall be provided with a written notice of the decision by the approving agency. Such decision shall be included in the resolution of approval for the proposed project. This notice shall state that the plan is approved, approved subject to attached conditions, or denied with reasons attached.
C. 
A copy of such resolution or notice, including the name of the applicant, site location by street and address and Tax Map block and lot numbers, and proposed land use shall be sent to the Hunterdon County Soil Conservation District. The approving agency shall also make available such other information as may be required by the district.
In the preparation of soil erosion and sediment control plans, the following general principles of design shall be adhered to:
A. 
The smallest practical area of land shall be exposed at any one time during development and, when feasible, natural vegetation shall be retained and protected.
B. 
Temporary plant cover or mulching shall be used to protect critical erosion areas during development.
C. 
Temporary diversions and outlets shall be constructed or installed to accommodate the increased runoff caused by the changed soil and surface conditions during and after development or disturbance.
D. 
Sediment basins, debris basins, desilting basins or silt traps shall be installed to remove sediment from runoff waters.
E. 
Existing water runoff shall be minimized and retained on site whenever possible to facilitate groundwater recharge.
F. 
Permanent final plant covers, such as turf, ground cover, shrubs and trees, shall be installed as quickly as possible as scheduled on the plans or as directed by the Township Engineer.
G. 
Permanent improvements, such as roads, catch basins, curbs, and all other such installations, shall be constructed without delay in accordance with the approved plans and as directed by the Township Engineer.
H. 
Cleanup and restoration shall include removal of all temporary erosion control installations, cleaning of drainage facilities and systems if and where directed by the Township Engineer, and repairing any erosion damage incurred during the course of construction resulting from construction operations.
The detailed plans, specifications and standards in any soil erosion and sedimentation control plan shall be dictated by the characteristics of the site to be developed and the nature of the development. All such plans shall utilize the Standards for Soil Erosion and Sediment Control in New Jersey as promulgated by the State Soil Conservation Committee.
A. 
Timing. The Planning Board, the Zoning Board of Adjustment or the Township Engineer shall require the construction or installation of improvements or such other measures necessary to prevent soil erosion and sedimentation prior to any site development work or the start of construction.
B. 
Bonding. The Planning Board, the Zoning Board of Adjustment or the Township Engineer may provide for the posting of performance guarantees prior to and during the construction, and maintenance bonds in the same manner as provided in Article IX.
C. 
Maintenance. All permanent soil erosion and sediment control measures installed pursuant to this chapter shall be adequately maintained at all times. Temporary measures shall be maintained as needed or until the soil disturbance is permanently stabilized as determined by the Township Engineer. Upon request, the Township Engineer shall certify the date on which measures called for in the certified plan were completed.
A. 
Inspection of projects to determine execution in accordance with the certified plan shall be carried out by the Township Engineer. The applicant shall maintain a certified plan on site during all construction activity.
B. 
The Township Engineer shall determine at each inspection whether or not the provisions of the certified plan are being followed by the applicant.
A. 
The Township Engineer may issue a stop construction order if the applicant fails to comply with the provisions of the certified plan.
B. 
When a stop construction order is issued, no further construction activity shall take place until the applicant is in compliance with all provisions of the certified plan.
The Construction Official shall not issue any permanent certificates of occupancy for any project unless there has been compliance with the provisions of the certified plan for permanent measures. Temporary certificates of occupancy shall not be issued unless necessary control measures have been installed and remaining controls have been guaranteed.
The Township Engineer shall provide the Hunterdon County Soil Conservation District and the Construction Official or Land Use Enforcement Officer with a report of compliance upon completion of the project.
All applications for certification of soil erosion and sediment control plans shall be accompanied by a fee payable to the respective approving agency, as follows:
A. 
Subdivisions and site plans: fee included in development and site plan review fee. No additional fee required.
B. 
Grading permits: as stated in Schedule IV, Schedule of Fees, attached to this chapter.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
C. 
Others: no fee.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
Any person aggrieved by the decision of the Township Engineer, the Zoning Board of Adjustment, or the Planning Board shall have the right to file an appeal with the Township Committee setting forth in writing the complaint of the aggrieved party. A copy shall be filed with the person or agency from whose decision the appeal is being taken stating specifically the reasons the appellant believes the action was improper. The Township Committee shall establish a hearing date within 30 days of the receipt of the complaint and conduct a hearing. The Township Committee shall affirm, modify or reserve the aforesaid decision.