A. 
No site plan shall be approved, no street shall be constructed, no changes shall be made in the contour of the land, and no grading, excavating or removal or destruction of topsoil, trees or other vegetative cover of the land shall be commenced by any developer until such time that a plan for soil erosion and sediment control has been processed and approved by the Borough Planning Board or there has been a determination by the Planning Board that such plans are not necessary. Soil erosion and sediment control plans are not required in the following instances:
(1) 
Disturbances of 5,000 square feet or less of the surface area of the land;
(2) 
Construction of structures for which a building permit would not be required under the Standard Building Code of the State of New Jersey;
(3) 
Single-family dwellings which are not part of a subdivision; and
(4) 
Agricultural use of land when operated in accordance with a conservation plan approved by the local Soil Conservation District, or when it is determined by the local Soil Conservation District that such agricultural pursuits will not cause excessive erosion and sedimentation.
B. 
No subdivision, site plan or land development plan shall be approved unless:
(1) 
There has been a plan approved by the Planning Board that provides for soil erosion and sediment control consistent with this section and an improvement bond (or other acceptable security) has been deposited with the Borough in the form of an escrow guarantee which will ensure installation and completion of the required improvements in accordance with Borough specifications; or
(2) 
There has been a determination by the Borough Planning Board that a soil erosion and sediment control plan is not necessary.
Soil erosion and sedimentation control measures used to control erosion and reduce sedimentation shall, as a minimum, meet the standards and specifications for soil erosion and sediment control as adopted for use by the Monmouth County Soil Conservation District. The Borough Engineer shall ensure compliance with the appropriate specifications, copies of which are on file at the Municipal Building of Oceanport Borough and are available from the Soil Conservation District.
A. 
Procedures for applications for soil erosion and sedimentation control permits.
(1) 
As part of the site plan and/or subdivision review process, or for any land development plan, or for any other activity requiring a soil erosion and sedimentation control permit, a plan shall be submitted which clearly shows on a suitable map the location of the proposed action, the total area of the development, the total amount of earthwork in cubic yards, existing topography, the location of floodplains, wetlands, and any other information required by the Planning Board. The plan shall be prepared by a licensed professional engineer, land surveyor, architect, professional planner, or landscape architect and shall conform to the submission requirements noted below.
B. 
Plan review and action.
(1) 
Where a soil erosion and sediment control plan is required, the applicant shall submit such plan to the administrative officer in accordance with the provisions of this chapter. If the plan is submitted concurrent with and as part of a site plan or subdivision approval, the Planning Board shall either approve or disapprove of said plan within the same time period as permitted the concurrent development application by the Municipal Land Use Law. Any extension of this time period agreed to in writing by the applicant for the development application shall include the same time period extension of the soil erosion and sediment control plan. If the plan is not submitted concurrent with and as part of a site plan or subdivision approval, the Planning Board shall either approve or disapprove of said plan within 60 days of receipt by the administrative officer of said plan unless, by written mutual agreement between the Planning Board and the applicant, the said sixty-day period is extended for an additional period up to 30 days. Approval by the Planning Board shall constitute authorization for issuance of a soil erosion and sediment control permit. The failure of the Planning Board to either approve or disapprove said plan within the time as provided for above shall constitute approval of said plan by the Planning Board. For purposes of this section, a major revision of the plan by the applicant shall constitute a new submission.
(2) 
The administrative officer shall provide the applicant with written notice of such approval or disapproval, a copy of which decision, stating the name of the applicant, the location of the site [designated both by street address and by lot and block number(s)] and the proposed use of the land, shall be sent to the Monmouth County Soil Conservation District along with other information as requested by the said District.
C. 
Performance guarantee required. Prior to the issuance of a building permit, the developer shall have filed with the Borough a performance guarantee computed by the Borough Engineer at 120% of the construction cost to insure the installation of such uncompleted soil erosion and sediment control measures on or before an agreed date. Construction costs should be based on prices obtained for government contracts. Such performance guarantee may be in the form of a performance bond which shall be issued by a bonding or surety company approved by the Borough Solicitor; a certified check, returnable to the developer after full compliance; or any other type of surety approved by the Borough Solicitor. The performance guarantee shall be approved by the Borough Solicitor as to form, sufficiency, and execution. Such performance guaranty shall run for a period to be fixed by the Planning Board.
D. 
Inspection and approval of soil erosion and sediment control measures.
(1) 
Prior to and during construction, all soil erosion and sediment control measures shall be subject to inspection and approval by the Borough Engineer, who shall be notified by the developer at least 48 hours prior to the start of construction.
(2) 
When all of the necessary and appropriate soil erosion and sediment control measures have been completed, the developer shall notify the Planning Board in writing, by certified or registered mail, of the completion of the aforesaid soil erosion and sediment control measures and shall send a copy thereof to the Borough Engineer. The Planning Board shall then direct and authorize the Borough Engineer to inspect all of the aforesaid soil erosion and sediment control measures. The Engineer shall, thereupon, file a written report to the Planning Board. Said report shall be detailed and shall indicate either approval, partial approval, or rejection. If said soil erosion and sediment control measures, or any portion thereof, shall not be approved or shall be rejected by the Borough Engineer, said report shall contain a statement of reasons for such nonapproval or rejection. Where said report indicates partial approval of said soil erosion and sediment control measures, it shall indicate the cost of the soil erosion and sediment control measures for which approval is rejected or withheld. Where partial approval is granted, the developer may be released from all liability pursuant to its performance guarantee bond, except for that portion adequately sufficient to secure the soil erosion and sediment control measures not yet approved.
(3) 
No approval for occupancy of any building shall be granted unless all needed soil erosion control measures have been completed or substantially provided for in accordance with this chapter. The developer shall bear the final responsibility for the installation and construction of all required soil erosion and sediment control measures according to the provisions of this chapter.
(4) 
The developer shall, immediately prior to the release of the performance guarantee, unless relief is granted by the Planning Board, post with the Borough a maintenance guarantee for a period not to exceed two years in an amount not to exceed 15% of the cost of the improvement or of the permanent installation.
(5) 
Whenever sedimentation is caused by stripping vegetation, regrading or other development, it shall be the responsibility of the developer causing such sedimentation to remove it from all adjoining surfaces, drainage systems and watercourses and to repair any damage at his expense. All such work shall be done immediately.
(6) 
Maintenance of all drainage facilities and watercourses within the development is the responsibility of the developer until the final facilities are accepted by the Borough or such other entity as approved by the Borough Council.
(7) 
It is the responsibility of the developer doing any action on or across a communal stream, watercourse or swale, or upon the floodplain or right-of-way during the pendency of the activity, to return it to its original or equivalent condition after such activity is completed.
(8) 
Maintenance of drainage facilities or watercourses, including public drainageways originating and completely on private property, is the responsibility of the landowner to their point of open discharge at the property line or at a communal watercourse within the property.
A. 
General plan contents. At a minimum, the soil erosion and sediment control plan shall contain:
(1) 
Plans and specifications of soil erosion and sediment control measures in accordance with the New Jersey Soil Erosion and Sediment Control Act.[1]
[1]
Editor's Note: See N.J.S.A. 4:24-39 et seq.
(2) 
A time schedule indicating the anticipated starting and completion dates of the development sequence and the time of exposure of each area prior to the completion of effective soil erosion and sediment control measures. A sequence of construction is to be included on the plan showing major items of construction and the installation of various sediment control devices.
(3) 
The County Soil Conservation District requires the Borough to obtain from the applicant the following for transmittal to the County District:
(a) 
A database summary sheet for any basins to be installed.
(b) 
For sites over five acres and for mining operations, a request for general permit authorization for stormwater discharge shall be completed and submitted by the applicant with a $200 check made out to the "Treasurer, State of New Jersey" prior to the release of final plans by the Borough.
(c) 
Copies of any HEC II studies (diskettes) should be submitted, if applicable.
B. 
General design principles. The following principles are effective in minimizing soil erosion and sedimentation and shall be included, where applicable, in the soil erosion and sediment control plan:
(1) 
Stripping of vegetation, regrading or other development shall be done in such a way that it will minimize soil erosion.
(2) 
Whenever feasible, natural vegetation shall be retained, protected, and supplemented.
(3) 
The disturbed area and the duration of exposure shall be kept to a practical minimum.
(4) 
Temporary seeding and/or mulching shall be used to protect exposed critical areas during development.
(5) 
Provisions shall be made to accommodate the increased runoff caused by changed soil and surface conditions during and after development.
(6) 
Sediment in the runoff water shall be trapped until the disturbed area is stabilized by the use of sediment basins or other methods acceptable to the Borough Engineer.
(7) 
Diversions and sediment basins shall be constructed prior to any on-site grading or disturbance of existing surface material.
(8) 
Banks and beds of temporary and permanent watercourses shall be stabilized.
C. 
Grading and drainage practices. In order to provide more suitable sites for building and other physical features, improve surface drainage and control erosion, the following requirements shall be met:
(1) 
The yards of every structure shall be graded to secure proper drainage away from buildings and dispose of it without ponding, and all land within a development shall be graded to drain and dispose of surface water without ponding, except where approved by the Planning Board. Minimum 5% slopes for 10 feet away from structures shall be required.
(2) 
All drainage provisions shall be of such design as to collect on-site runoff and carry surface waters to the nearest practical street, storm drain or natural watercourse. Where drainage swales are used to deliver surface waters away from buildings, the swales shall be sodded and shall be of such slope, shape and size as conform with specifications of the Borough.
(3) 
Concentration of diffused natural water flow shall only be permitted in swales or watercourses.
(4) 
Excavations and fills.
(a) 
No excavation shall be made with a cut face steeper in slope than 1.5 horizontal to one vertical [66%], except as approved by the Borough Engineer when handled under special conditions.
(b) 
No fill shall be placed which creates any exposed surface steeper in slope than two horizontal to one vertical [50%], except as approved by the Borough Engineer when handled under special conditions.
(c) 
Adequate provisions shall be made to prevent surface water from damaging the cut face of excavations or the sloping surfaces of fills.
(d) 
Retaining walls or cribbing shall be required where needed to prevent the surface of excavations or fills from exceeding at any point the maximum allowable slope.
(e) 
Excavations shall not be made so close to property lines as to endanger adjoining property without supporting and protecting the face of the excavation.
(f) 
No fill shall be made so as to cause settlement, sliding or erosion of the soil.
(g) 
No fill shall be made or placed adjacent to the bank of a channel so as to create bank failure or sliding.
(h) 
Slopes steeper than three feet horizontal to one foot vertical will need to be stabilized by means other than topsoil and seeding. Other requirements will govern basins and stormwater channels.
D. 
Design standards. Standards and specifications for measures used in the soil erosion and sediment control plan shall be in accordance with the Standards for Soil Erosion and Sediment Control in New Jersey, adopted by the Monmouth County Soil Conservation District, or by future standards and specifications adopted by the Soil Conservation District. Copies shall be on file at the office of the Monmouth County Soil Conservation District and the Municipal Building of Oceanport Borough.