[Ord. No. 906, § 1]
The purpose of this chapter is to control soil erosion and sediment
damages 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.
[Ord. No. 906, § 1; Ord. No. 945, § 1]
The following definitions shall apply in the interpretation
and enforcement of this chapter, unless otherwise specifically stated:
A person, partnership, corporation, municipal corporation
or public agency requesting permission to engage in land disturbance
activity.
A proposed subdivision of land, site plan, conditional use,
zoning variance, planned development or construction permit.
A sediment-producing highly erodible or severely eroded area;
or a ground water recharge area.
Detachment or movement of soil or rock fragments by water,
wind, ice and gravity.
A plan which fully indicates necessary land treatment measures,
including a schedule of the timing for their installation, which will
effectively minimize soil erosion and sedimentation. Such measures
shall be in accordance with standards as promulgated by the state
soil conservation committee.
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 activity involving clearing, grading, transporting, filling
and any other activity which causes land to be exposed to the danger
of erosion.
The application of plant residue or other suitable materials
to the land surface to conserve moisture, hold soil in place, and
aid in establishing plant cover.
A certificate issued to perform work under this chapter by
the township engineer.
A scheme which indicates land treatment measures including
a schedule of the timing for their installation, to minimize soil
erosion and sedimentation.
The disturbance of more than 5,000 square feet of the surface
area of land for the accommodation of construction for which the Standard
Construction Code of the State of New Jersey would require a construction
permit, except that the construction of a single-family dwelling unit
shall not be deemed a "project" under this chapter unless such unit
is part of a proposed subdivision, site plan, conditional use, zoning
variance, planned development or construction permit application involving
two or more such single-family dwelling units.
Solid material, both mineral and organic, that is in suspension,
is being transported, or has been moved by air, water, ice or gravity
as a product of erosion.
A barrier or dam built at suitable locations to retain rock,
sand, gravel, silt or other materials.
Any plot, parcel, or parcels of land.
All unconsolidated mineral and organic material of any origin.
A governmental subdivision of this state, which encompasses
this municipality, organized in accordance with the provisions of
R.S. 4:247 et seq.
Standards shall be as defined in "Standards for Soil Erosion
and Sediment Control in New Jersey," as promulgated by the state soil
conservation committee.
An agency of the state established in accordance with the
provisions of R.S. 4:243.
Any activity which disturbs vegetated or otherwise stabilized
soil surface.
[Ord. No. 906, § 1; Ord. No. 945, § 2]
Unless exempt under section 18A-11, no land area within this
municipality shall be disturbed by any person, partnership, corporation,
or other public agency unless the applicant has submitted to the township
engineer a plan to provide for soil erosion and sediment control for
such land area in accordance with the "Standards for Soil Erosion
and Sediment Control in New Jersey," as promulgated by the state soil
conservation committee, and a valid land disturbance permit has been
issued by the township engineer.
[Ord. No. 906, § 1; Ord. No. 945, § 3]
The applicant shall submit a separate soil erosion and sediment
control plan for each noncontiguous site. The applicant may consult
with the Mercer County soil conservation district in the selection
of appropriate erosion and sediment control measures and the development
of the plan. Such plan shall contain:
(a)
Location and description of existing natural and man-made features
on and surrounding the site including general topography and soil
characteristics and a copy of the pertinent sheets of the county soil
conservation district soil survey.
(b)
Location and description of proposed changes to the site. Scale shall
be in accordance with the provisions of the land subdivision regulations
of the township. Appropriate contour maps shall be submitted showing
existing and proposed contours of area from which material is to be
removed.
(c)
Measures for soil erosion and sediment control shall meet or exceed
"Standards for Soil Erosion and Sediment Control in New Jersey," as
promulgated by the state soil conservation committee. Such standards
shall be on file at the offices of the local soil conservation district,
the construction official and the township engineer.
(d)
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.
(e)
All proposed revisions of data required shall be submitted by applicant
to the township engineer.
[Ord. No. 906, § 1]
(a)
Soil erosion and sediment control plans shall be reviewed by the
township engineer or other designated official and approved when in
conformance with the "Standards for Soil Erosion and Sediment Control
in New Jersey," as promulgated by the state soil conservation committee.
The township engineer or other designated official may seek
the assistance of the Mercer County soil conservation district in
the review of such plans and may deem as approved those plans which
have been reviewed and determined adequate by the district.
(b)
The township engineer or other designated official shall grant or
deny certification within a period of 30 days after submission of
a complete application unless, by mutual agreement in writing between
the township and the applicant, the period of 30 days shall be extended
for an additional period of 30 days. Failure of the township to grant
or deny certification within such period or such extension thereof
shall constitute certification. For purposes of this section, a major
revision of the plan by the applicant shall constitute a new submission.
(c)
Written notice of the decision of the township shall be provided
to the applicant indicating the municipality's decision on the
plans. A copy of this decision with other appropriate information
shall be sent to the local soil conservation district. The decision
shall include street address, lot and block number, proposed land
use, and such other information as district shall require.
[Ord. No. 906, § 1]
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:
(a)
Stripping of vegetation, grading or other soil disturbance shall
be done in a manner which will minimize soil erosion.
(b)
Whenever feasible, useful and appropriate existing vegetation shall
be retained and protected.
(c)
The extent of the disturbed area and the duration of its exposure
shall be kept within practical limits as specified in the "Standards
for Soil Erosion and Sediment Control in New Jersey," as promulgated
by the state soil conservation committee.
(d)
Temporary seeding, mulching or other suitable stabilization measures
shall be used to protect exposed critical areas during construction
or other land disturbance.
(e)
Drainage provisions shall accommodate increased runoff, resulting
from modified soil and surface conditions during and after development
or disturbance, in accordance with section 10B-227 of this Code.
(f)
Water runoff shall be minimized and retained on site wherever possible
to facilitate ground water recharge.
(g)
Sediment shall be retained on site to the maximum extent feasible.
(h)
Diversions, sediment basins, and similar required structures shall
be installed prior to any on-site grading or disturbance.
[Ord. No. 906, § 1]
All necessary soil erosion and sediment control measures installed
under this chapter shall be adequately maintained.
[Ord. No. 906, § 1; Ord. No. 945, § 4]
(a)
The applicant shall post with the township clerk an adequate performance bond to assure completion of required control measures. The amount of the bond shall be determined by the township engineer, and said amount shall include the cost of inspections pursuant to subsection (b) hereof in accordance with fees established for such inspections by resolution of the municipal governing body on file in the offices of the municipal clerk and engineer.
(b)
The township shall provide for inspection by the township engineer
or his designee for each development for which a performance guarantee
has been posted, and the township engineer or his designee shall certify
that installations and practices are or are not in compliance with
performance principles and standards prescribed by this chapter and
with any specific requirements that have been stated as conditions
of approval of the application. The applicant shall be required to
have a certified plan on site during construction.
(c)
The township engineer or his designee shall issue a stop construction
order if a project is not being executed in accordance with the certified
plan.
(d)
A certificate of occupancy shall not be issued unless there has been
compliance with the provisions of a certified plan for permanent measures
to control soil erosion and sedimentation. A formal report of such
compliance shall be filed with the municipal agent authorized to issue
certificates of occupancy. A copy of this report shall be sent to
the Mercer County soil conservation district.
(e)
The township may, within 30 days after date of such report, release
the performance bond in whole or in part, depending upon the township's
assessment of need to withhold all or a portion of the bond to assure
full compliance with all requirements, including adequate maintenance
of the facilities.
[Ord. No. 906, § 1; Ord. No. 945, § 5; Ord. No. 84-21, § 3]
Each application shall be accompanied by a fee and an escrow
deposit as established by section 10B-36 of this code. The escrow
deposit shall be held in escrow by the municipality under a written
agreement with the applicant for the purpose of defraying the cost
of the review of the soil erosion and sediment control plan by the
township engineer or his designee. Said cost shall be based upon the
time devoted to such review, and the time so devoted shall be valued
according to the method established by resolution of the municipal
governing body on file in the offices of the municipal clerk and engineer.
Said escrow agreement shall be in such form as shall be approved by
the municipal attorney and shall include the following provisions:
(a) that the escrowed funds shall be used for payment to the municipality
of the cost of review; (b) that if said cost is less than the amount
of the escrowed funds, the difference shall be refunded to the applicant
upon demand; and (c) that if said cost exceeds the amount of the escrowed
funds, the excess shall be paid by the applicant to the municipality
upon demand.
[Ord. No. 906, § 1]
If any person violates any of the provisions of this chapter
or any standard promulgated pursuant to the provisions of 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 the
court may proceed in a summary manner. Any person who violates any
of the provisions of this chapter or any standard promulgated pursuant
to this chapter or fails to comply with the provisions of a certified
plan, 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. 2A:58-1 et seq.). The Superior Court, county
court, county district 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.
[Ord. No. 906, § 1]
The following activities are specifically exempted from this
chapter:
(a)
The construction of a single family unit unless such unit is part
of a proposed subdivision, site plan, conditional use, zoning variance,
planned development or construction permit application involving two
or more such single-family dwelling units.
(b)
Use of land for gardening primarily for home consumption.
(c)
Agricultural use of lands.
[Ord. No. 906, § 1]
Appeals from decisions under this chapter may be made to the
municipal governing body in writing within 10 days after the date
of such decision. The appellant shall be entitled to a hearing before
the municipal governing body within 30 days after date of appeal.
The governing body shall render its decision within 30 days after
the closing of the hearing.
[Ord. No. 906, § 1]
In cases where activity, work or development is subject to the
provisions of this chapter and also to the provisions of chapter 10B
of this Code (Land Use), the provisions of this chapter shall be administered
so as to avoid duplication of effort and expense insofar as practicable,
and no requirement imposed pursuant to chapter 10B shall affect a
more stringent requirement imposed pursuant to this chapter.
[Ord. No. 906, § 1]
No amendment to this chapter shall become effective until approved
by the state soil conservation committee.
