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:
APPLICANT
A person, partnership, corporation or public agency requesting
permission to engage in soil removal or land disturbance activity.
APPLICATION FOR DEVELOPMENT
A proposed subdivision of land, site plan, conditional use,
zoning variance, construction permit or planned development permit.
CERTIFICATION
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.
CRITICAL AREA
A sediment-producing land area or highly erodible or severely
eroded land area.
DISTURB
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.
EROSION
Detachment and movement of soil or rock fragments by water,
wind, ice or gravity.
EXCAVATION OR CUT
Any act by which soil or rock is cut into, dug, quarried,
uncovered, removed, displaced or relocated.
LAND
Any ground, soil or earth, including marshes, swamps, drainageways
and areas not permanently covered by water, within the municipality.
MAN-MADE STRUCTURE
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.
MULCHING
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.
PERMIT
A certificate issued to perform work regulated under this
chapter.
PERSON
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.
REMOVE
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.
SEDIMENT
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.
SEDIMENT BASIN
A barrier or drain built at suitable locations to retain
rock, sand, gravel, silt or other sedimentary material.
SITE
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.
SOIL
All unconsolidated mineral and organic material, such as
earth, sand, clay, loam, gravel, humus, sludge, rock or dirt of any
origin.
SOIL EROSION AND SEDIMENT CONTROL PLAN
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
Standards for Soil Erosion and Sediment Control in New Jersey
as promulgated by the State Soil Conservation Committee.
STRIPPING
Any activity which disturbs vegetation or otherwise stabilized
soil surfaces, including clearing and grubbing operations.
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.
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.
The following activities are specifically exempt from this chapter:
b. Use of land for gardening primarily for home consumption.
c. Agricultural use of land when such use will not cause excessive erosion
and sedimentation.
d. Land disturbance of less than 5,000 square feet.
e. Soil removal of less than 10 cubic yards; provided, however, that
land disturbance is less than 5,000 square feet.