[Ord. No. 642 ; readopted
by Ord. No. 2020-1235]
The purpose of this chapter is to control and regulate soil
removal, erosion and sedimentation in the Borough of Manville by requiring
adequate provisions for the retention of topsoil and subsoil whenever
necessary, to prevent erosion and sedimentation, exposed soil surfaces
and such other harmful and objectionable conditions as are detrimental
to the safety, health and general welfare of the citizens of the Borough
of Manville.
The following definitions shall apply to the interpretations
and enforcement of this chapter, unless otherwise specifically stated:
A person, partnership, corporation or public agency requesting
permission to engage in soil removal or land disturbance activity.
A proposed subdivision of land, site plan, conditional use,
zoning variance, construction permit or planned development permit.
A written endorsement of a plan for soil erosion and sediment
control by the Somerset-Union Soil Conservation District which indicates
that the plan meets the standards promulgated by this chapter and
P.L. 1975, c. 251.
A sediment-producing land area or highly erodible or severely
eroded land area.
To dig, dredge, excavate, remove, deposit, grade, clear,
level, fill or alter or change the location or contour of land or
otherwise cause land to be exposed to the dangers of erosion.
Detachment and movement of soil or rock fragments by water,
wind, ice or gravity.
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, drainageways
and areas not permanently covered by water, within the municipality.
Any artificial improvements to land, including but not limited
to buildings of any type, parking lots, driveways and sidewalks, fences,
storm culverts, swimming pools, tennis courts, towers, telephone or
utility poles, roads and paths of any type.
The application of plant residue or other suitable organic
materials to the land surface to conserve moisture, hold soil in place
and aid in establishing plant cover.
A certificate issued to perform work regulated under this
chapter.
Any individual, corporation, association, partnership, joint
venture or organization, as well as any federal, state, county or
municipal government or body, authority or board and any department,
agency or subdivision thereof or any combination of the above.
To physically transfer soil from any location on a site to
any other location not on the same site, regardless of whether the
sites are contiguous or of common ownership.
Solid material, both mineral and organic, that is in suspension,
is being transported or has been moved from its site of origin by
water, wind, ice or gravity as a product of erosion.
A barrier or drain built at suitable locations to retain
rock, sand, gravel, silt or other sedimentary material.
Any plot, parcel or parcels of land, including, by way of
illustration, the smallest of lots as shown on the tax maps of the
Borough of Manville, a subdivided lot as approved by the Planning
Board or an individual tract as set forth in the deed conveying title
to the owner.
All unconsolidated mineral and organic material, such as
earth, sand, clay, loam, gravel, humus, sludge, rock or dirt of any
origin.
A detailed plan indicating necessary land treatment measures,
including a schedule of the timing of their implementation that will
effectively minimize soil erosion and sedimentation. Such measures
shall meet or exceed the standards.
Standards for Soil Erosion and Sediment Control in New Jersey
as promulgated by the State Soil Conservation Committee.
Any activity which disturbs vegetation or otherwise stabilized
soil surfaces, including clearing and grubbing operations.
a.Â
No land area shall be disturbed by any person, partnership, corporation
or public agency nor shall any permit be issued unless the applicant
has first obtained a permit or a waiver in accordance with the provisions
of this chapter.
b.Â
No person, partnership, corporation or public agency shall excavate
or otherwise remove soil in excess of 10 cubic yards for any use other
than on the premises from which the soil shall be taken, without first
obtaining a permit in accordance with the provisions of this chapter.
c.Â
No person, partnership, corporation or public agency shall import
any soil into the Borough without first obtaining a permit for same.
The permit fee for said import shall be determined by the Somerset-Union
Soil Conservation District. A soil certification must accompany the
permit for import of said soil.
a.Â
Soil erosion and sediment control. The applicant must submit a separate
soil erosion and sediment control plan for each noncontiguous site
where land disturbance will take place. Such plans shall contain:
1.Â
The location and description of natural and man-made features on
and around the site, including topography and soil characteristics.
2.Â
The location and description of any proposed changes to the site.
3.Â
Measures for soil erosion and sediment control which must meet standards.
4.Â
A schedule of the sequence of installation of planned soil erosion
and sediment control measures as related to the progress of the project
being undertaken.
5.Â
Any information as may be reasonably required by the Somerset-Union
Soil Conservation District in order to adequately evaluate the application.
b.Â
Soil removal. The applicant must submit a description and plan, if
required, for removing soil from any site within the Borough of Manville.
The following information shall be provided:
1.Â
The location and existence of natural and man-made features, including
existing and proposed topography, if required.
2.Â
The quantity and method of removing soil from the site.
3.Â
The destination and route of delivery of soil to be removed.
4.Â
The proposed date of commencement.
5.Â
Any other information as may be reasonably required by the Somerset-Union
Soil Conservation District in order to adequately evaluate the request
for soil removal.
The applicant shall make all applications to the Somerset-Union
Soil Conservation District, which shall have complete jurisdiction
of the application, and the application can be obtained from the Somerset-Union
Soil Conservation District. The applicant shall consult with the Somerset-Union
Soil Conservation District in order to obtain the permit and in order
to determine what procedures must be followed in order to obtain the
issuance of that permit.
a.Â
Soil erosion and sediment control.
1.Â
Stripping of vegetation, grading or other soil disturbance shall
be done in a manner which will minimize soil erosion.
2.Â
Whenever feasible, natural vegetation shall be retained and protected.
3.Â
The extent of the disturbed area and the duration of its exposure
shall be kept within practical limits.
4.Â
Either temporary seeding, mulching or other suitable stabilization
measures shall be used to protect exposed critical areas during construction
or other land disturbance.
5.Â
Drainage provisions shall accommodate increased runoff, resulting
from modified soil and surface conditions, during and after development
or disturbance. Such provisions shall be in addition to all existing
requirements.
6.Â
Water runoff shall be minimized and retained on site wherever possible
to facilitate groundwater recharge.
7.Â
Sediment shall be retained on site to the maximum extent feasible.
8.Â
Diversions, sediment basins and similar required structures shall
be installed prior to any on-site grading or disturbance.
9.Â
Any other recommendations of the Somerset-Union Soil Conservation
District shall be followed by the applicant.
b.Â
Soil removal.
1.Â
Soil erosion and sediment control practices will be required in conjunction
with the removal of any soil.
2.Â
Sufficient topsoil shall be retained on site and shall be respread
and seeded after completion of the soil removal.
3.Â
The applicant shall be required to follow the route prescribed by
the Construction Official and shall be responsible for keeping the
streets free from dirt resulting from soil removal work.
4.Â
Generally, topsoil shall not be permitted to be removed from the
Borough.
a.Â
Soil erosion and sediment control. It shall be the duty of the person,
persons or legal entity from time to time owning or controlling the
land which has been disturbed in accordance with an approved soil
erosion and sediment control plan to adequately maintain the same
according to the grades approved by said plan and to maintain all
of the measures, devices and plantings provided for in said plan in
effective condition.
b.Â
Soil removal. It shall be the duty of the applicant to provide such
maintenance as is required by the conditions of the permit issued.
All public roadways utilized in the transportation of soil shall be
kept free of dirt and other spillage which may result from the soil
removal operation.
a.Â
The applicant shall have an approved copy of the soil erosion and
sediment control plan at the construction site at all times. The requirements
of this chapter shall be enforced by representatives from the Somerset-Union
Soil Conservation District. Representatives from the Somerset-Union
Soil Conservation District shall inspect the site in order to confirm
compliance at such times as may be deemed necessary. If the Somerset-Union
Soil Conservation District officials find existing conditions not
in accordance with the permit issued, the District may refuse to approve
future work and may require immediate remedy by the applicant. Under
such conditions, the Construction Official is also empowered to place
a stop-work notice and to seek other penalties as provided for in
this chapter in the bylaws of the State of New Jersey.
b.Â
No certificate of occupancy for a project shall be issued by the
Construction Official unless there has been compliance with a certified
permit and plan as issued under the provisions of this chapter.
Upon each application for a permit, the applicant shall pay
to the Somerset-Union Soil Conservation District a fee as prescribed
by their rules and regulations.
a.Â
Any person convicted of violating any of the provisions of this chapter
shall be liable for the payment of a fine 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 or 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.
b.Â
The building permit of any person who, after notice of a violation
hereunder, fails to correct a violation shall be subject to revocation
by the Construction Official.
c.Â
Nothing in this section shall be construed to prevent the Borough
of Manville from seeking injunctive relief to enforce the provisions
of this chapter.
d.Â
Remedy. If any person violates any of the provisions of this chapter
or any standards promulgated pursuant to this chapter or fails to
comply with the provisions of a certified plan, the municipality 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. The Borough may proceed either by
injunctive relief or by invoking the penalty provisions of this chapter.
The following activities are specifically exempt from this chapter:
a.Â
(Reserved)
b.Â
Use of land for gardening primarily for home consumption.
c.Â
Agricultural use of land when such use will not cause excessive erosion
and sedimentation.
d.Â
Land disturbance of less than 5,000 square feet.
e.Â
Soil removal of less than 10 cubic yards; provided, however, that
land disturbance is less than 5,000 square feet.
