[HISTORY: Adopted by the Mayor and Council of the Borough
of Spring Lake 10-12-2010 as Ord.
No. 2010-014. Amendments noted where applicable.]
The purpose of this chapter is to control the disturbance of
land and related changes in grades and elevations by requiring adequate
provisions for surface water retention, drainage and soil erosion
in order to promote the safety, public health, convenience and general
welfare of the community.
As used in this chapter:
A person, partnership, corporation or public agency requesting
permission to engage in land disturbance actively as part of development
requiring a construction permit.
Any act by which soil or rock is cut into, dug, quarried,
uncovered, removed, displaced or relocated.
Any ground, soil or earth, including marshes, swamps, drainage
ways and areas not permanently covered by water, within the borough
A land disturbance permit issued by the Construction Official
or other Borough Official as designated by the Borough Council to
perform work in accordance with this chapter.
Any plot, parcel or parcels of land.
All unconsolidated mineral and organic material of any origin.
Any activity, which significantly disturbs vegetated or otherwise
stabilized soil surface, including clearing and grubbing operations.
No land or land area shall be disturbed by any person, partnership,
corporation, municipal corporation or other public agency within the
Borough unless prior thereto the applicant has obtained a valid land
disturbance permit issued by the Construction Official or other Borough
Official as designated by the Mayor and Council in accordance with
the requirements of this chapter.
A valid land disturbance permit shall be obtained by the filling
of an application which shall be accompanied by a plot plan for the
premises. The plot plan shall contain:
A.
The location and description of all existing natural and manmade
features on the site, including general topography, existing drainage
and water flow, proposed drainage and water flow and soil characteristics
and a copy of the soil conservation soil survey.
B.
The location and description of proposed land disturbance, specifying
all changes contemplated.
Upon receipt of the application and plans as required, the Construction
Official and/or the Borough Engineer shall review same and then issue
or deny the permit, which may be with or without conditions.
Permit holders shall comply with the following requirements:
A.
Notify the Borough of Spring Lake Construction Official in writing
72 hours in advance of any land disturbance.
B.
Install a stabilized construction entrance into the lot (20' x 30'
x 6" of 1 1/2" to 2" clean stone).
C.
Install an effective sediment barrier along the lower limits of construction
so soil will not be carried off the site by rainwater. A continuous
line of hay bales (dug in 4.0" and staked), or a silt fence (dug in
6" on the bottom) shall be used and installed according to the design
plans of Illustration 1, Hay Bale Sediment Barrier Installation, or
Illustration 2, Silt Fence Construction and Installation.[1]
[1]
Illustrations may be found as attachments to this chapter.
D.
Provide temporary stabilization of all exposed soil, not subject
to construction traffic. Temporary stabilization may be done in nongrowing
seasons with straw mulch, applied at a rate of 95-115 lbs./1000 square
feet and held in place with a mulch binder.
E.
During the growing season, temporary stabilization will require the
soil to be seeded with annual rye grass and mulched with 70-90 lbs./1000
square feet of straw or hay.
F.
Permanent stabilization requires a three-seed mixture of "permanent"
or perennial seed types that are mulched and anchored.
G.
Remove all lot debris from the street and sidewalks regularly and
sweep the street and sidewalks daily.
The following principles shall apply to all land disturbance
permits:
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.
Drainage provisions shall accommodate increased runoff, resulting
from modified soil and surface conditions, during and after development
or disturbance.
D.
Water runoff shall be minimized and retained on the site whenever
possible to facilitate groundwater recharge.
Each application shall be accompanied by a fee in the amount
of $75. However, any application hereunder which is made in conjunction
with an application for a building permit for new construction shall
not require the payment of any fee in addition to that fee paid for
the construction permit.
The requirements of this chapter shall be enforced by the Construction
Official, Code Enforcement Official, Police Department or other Borough
Official designated by the Borough Council who shall also inspect
or require adequate inspection of the work. If the Construction Official
and/or the Code Enforcement Official find existing conditions not
as stated in the applicant's land disturbance permit or the site does
not comply with all requirements of this section, he/she may refuse
to approve further work and may seek other penalties as provided for.
Appeals from decisions under this chapter may be made to the
Borough Council in writing within ten days from the date of such decision.
The appellant shall be entitled to a hearing before the Borough Council
within 30 days from the date of the appeal.
A.
Any person who violates any of the provisions of this chapter or
fails to comply or adhere to the land disturbance permit shall be
subject to an action filed in the Superior Court for injunctive relief
and/or damages for the restoration or correction of the violations.
B.
In addition, any person who violates any of the provisions of this chapter or fails to comply or adhere to the land disturbance permit granted hereunder shall be liable, upon conviction of such punishable offense, to the penalty stated in Chapter 1 Sections 1-3 through 1-9 of the Code of the Borough of Spring Lake.
