A. 
No application to the Planning Board for any of the following approvals shall be granted unless and until a soil erosion and sedimentation control plan has been submitted to and approved by the Planning Board:
(1) 
Preliminary approval of a major subdivision.
(2) 
Final approval of a major subdivision.
(3) 
Site plan approval.
B. 
In situations where none of the above subdivision or site plan approvals is required, it shall be unlawful for any person to create or cause any land disturbance greater than 5,000 square feet unless and until a soil erosion and sedimentation control plan shall have been submitted to and approved by the Borough Engineer.
The Planning Board may waive the requirement for submission and approval of a soil erosion and sediment control plan in connection with applications for approval set forth in Subsection A upon a finding that there is no apparent risk or danger of material, substantial, harmful, or otherwise detrimental soil erosion or sedimentation based upon review of the plans submitted.
A. 
The soil erosion and sedimentation control plan shall comprise a map and written report (together with whatever other instruments, writings, drawings, plans or specifications are necessary or appropriate under the circumstances) which fully and adequately describe both temporary and permanent measures to be employed to control, minimize and protect against soil erosion and sedimentation from a proposed land disturbance, taking into account the particular nature and characteristics of the land, the surrounding area, the watercourses, the land disturbance and the planned development involved. The plan shall cover all stages and aspects of the proposed land disturbance and planned development from grading, stripping, excavation and other site preparation through and including both final grading and the installation of permanent improvements. It shall accordingly include a timing schedule or schedules indicating:
(1) 
The anticipated starting and completion dates of each step in the land disturbance and development sequence and the time of exposure of each land area prior to the completion of effective erosion and sedimentation control measures; and
(2) 
The sequence of installation of planned erosion and sedimentation control measures as related to the disturbance and development sequence referred to in Subsection A(1) above, including anticipated starting and completion dates of such installations.
B. 
Soil erosion and sedimentation control measures shall, at a minimum, utilize and meet applicable standards and specifications promulgated under the New Jersey State Soil Erosion and Sediment Control Act. In addition, to the extent applicable in particular situations, the following measures or considerations shall be incorporated in the soil erosion and sedimentation control plan:
(1) 
The smallest practical area of land shall be exposed at any one time during development, and the duration of such exposure shall be kept to a practical minimum.
(2) 
Whenever feasible, natural vegetation and the natural ground surface shall be retained and protected.
(3) 
Temporary vegetative protection plant cover and/or mulching shall be used to protect critical erosion areas during development.
(4) 
Diversions and outlets, both temporary and permanent, shall be constructed and/or installed to accommodate the runoff caused by the changed soil and surface conditions during and after development.
(5) 
Disturbed soil shall be stabilized as quickly as practicable.
(6) 
Until the disturbed area is stabilized, sediment in the runoff water shall be trapped and removed to the maximum extent feasible by the use of debris basins, sediment basins, desilting basins, silt traps or other acceptable methods.
(7) 
Whenever feasible, development shall preserve salient natural features and existing grades, thereby keeping grading, stripping and excavation to a minimum.
(8) 
Adequate provisions shall be made to minimize surface water from damaging slopes and embankments. Cut-off ditches or diversions may be utilized for this purpose.
(9) 
Fill shall be placed and compacted so as to minimize sliding or erosion, and shall not encroach on watercourses.
(10) 
Fill placed adjacent to a watercourse shall have suitable protection against erosion for all weather stream flow conditions and particularly during periods of flooding.
(11) 
During grading operations, methods for dust control shall be exercised.
(12) 
During grading, excavation and other construction activities, slopes and embankments shall be stabilized by mulching with straw sprayed with asphalt mixture; jute matting staked in position; a seeding of annual ryegrass; or other acceptable methods in accordance with the standards.
(13) 
Permanent (final) vegetative protection, plant cover, lawn or ground cover, and mechanical erosion control devices and measures shall be installed or constructed, and completed, as soon as practically possible.
(14) 
Permanent improvements, such as roads, catch basins, curbs and the like, shall be installed or constructed, and completed, as soon as practically possible.
A. 
In considering and approving a soil erosion and sedimentation control plan, the Planning Board:
(1) 
Shall provide for the posting of performance guaranties and maintenance bonds in the same manner as provided in § 245-62.
(2) 
May refer the plan to the Soil Conservation District, and/or to any other qualified governmental agency or agencies, for review and may take no action on the plan until after a report has been received from the District or such other agency or agencies.
(3) 
May impose lawful conditions or requirements necessary or desirable to proper implementation of the plan and of the purpose and intent of this chapter.
B. 
After a soil erosion and sedimentation control plan has been approved, it shall be unlawful for the applicant therefor, or any person performing services in implementing the plan, to knowingly deviate from, change, amend or modify the plan in any way, except in accordance with the provisions of Subsection C below.
C. 
Minor changes, amendments or modifications to a soil erosion and sedimentation control plan required as a result of conditions in the field during construction may be approved by the Construction Official, or the Borough Engineer as permitted by § 102-24, who shall, in turn, notify the Planning Board thereof. Major changes, amendments or modifications to such a plan shall require the approval of the Planning Board.
Any person carrying out soil erosion and sedimentation control measures under this article, and all subsequent owners of the property upon which such measures have been carried out, shall adequately maintain all permanent control measures, devices and plantings in good order for a period of two years after completion of the work described in the approved plan implementation. Maintenance bonds therefor shall be posted in connection therewith as provided for in § 245-62.
A. 
No approval of occupancy of any building shall be granted unless all measures required under the soil erosion and sediment control plan have been either completed or substantially provided for in accordance with this chapter. Approval for occupancy may be granted notwithstanding that permanent (final) vegetative protection, plant cover, or lawn or ground cover has not been installed if such permanent protection and cover has not been, and cannot be, installed because of conditions of weather; and the installation thereof is enforced by appropriate provisions in the bond or other security and improvement agreements which shall provide for installation within such time limits as may be reasonable upon direction of the Construction Official, or the Borough Engineer as soon as the weather conditions shall permit.
B. 
Inspection of projects to determine execution in accordance with the certified plan shall be carried out by the Borough Engineer and/or Construction Official.
C. 
The Borough Engineer shall determine whether or not the provisions of the certified plan and sequence of construction are being followed by the applicant.
D. 
The Borough Engineer shall inform the applicant in writing of observed deviation from the certified plan and request immediate compliance with the plan. Failure of the applicant to adequately correct deficiencies in the time frame set forth in the Borough Engineer's letter to the applicant shall result in the issuance of a violation notice. Failure of the applicant to correct the deficiencies in the violation notice may result in the issuance of a stop-construction order.
E. 
The Borough Engineer may issue a stop-construction order if the applicant takes no action to comply with the provisions of the certified plan. The Borough Engineer may issue a stop-construction order if a person initiates land disturbance prior to securing plan certification.
F. 
When a stop-construction order is issued, no further construction activity or any other work may take place on the project except for implementation of erosion controls as required by the Borough Engineer, until such time the project is in compliance with all provisions of the certified plan.
G. 
Report of compliance.
(1) 
The Borough Engineer shall issue a written final report of compliance in accordance with this section, upon the determination that the project is in full and complete compliance with the requirements and provisions of the certified plan such that all permanent measures to control soil erosion and sedimentation are in effect for the entire project.
(2) 
The report of compliance (ROC) shall be issued when the Borough Engineer determines that a project or portion thereof is in full compliance with the certified plan and the Standards for Soil Erosion and Sediment Control in New Jersey (see N.J.A.C. 2:90-1.3), and that the permanent measures to control soil erosion and sedimentation are in effect for the area encompassed by the ROC.
(3) 
A report of compliance with conditions (CRC) shall be issued when the Borough Engineer determines that the project or portion thereof is not yet in full compliance with the certified plan but is in satisfactory compliance to the extent practicable and in accord with the sequence of development and requirements thereof, such that the issuance of a temporary and conditional approval is appropriate with such conditions as may be imposed. Satisfactory compliance means temporary measures and appropriate permanent measures for soil erosion and sediment control have been implemented according to the standards including provisions for stabilization, site work and that no other site specific concerns exists.
(4) 
Upon written request from the applicant, the Borough Engineer may issue an ROC or CRC on a lot-by-lot or section-by-section basis for a project when lots or sections are a part of the project.
(5) 
The Borough Engineer may withhold an ROC or CRC for any project which has not secured discharge authorization of the stormwater General Permit NJG0088323 where a NJPDES permit is required for stormwater discharges associated with a construction activity pursuant to N.J.A.C. 7:14A-24.2.
(6) 
All fees shall be paid to the Borough prior to issuance of the ROC or CRC.
(7) 
A standard report of compliance form approved by the State Soil Conservation Committee shall be utilized by the Borough Engineer and shall allow for the Borough Engineer's issuance of a CRC or ROC. The Borough Engineer shall complete the standard report of compliance form in accordance with the requirements set forth in N.J.A.C. 2:90-1.14.
(8) 
Copies of the ROC or CRC shall be distributed by the Borough Engineer to the applicant; the construction code official having construction code jurisdiction for the project, if applicable; and/or in the case where a construction permit is not required for a project (such as for mining and land clearing projects among others), the municipal official having jurisdiction over such project, if any. The Borough Engineer may also issue a copy of an ROC or CRC to such other persons or entities as the Borough Engineer deems necessary or appropriate in his discretion. This includes, without limitation, any local district, county, state and federal agency, or instrumentality thereof, exercising any jurisdiction over the project.
(9) 
No certificate of occupancy (CO) for a building or structure on a project, or any portion thereof, shall be issued unless there has been an ROC issued by the Borough Engineer indicating compliance with the provisions of the certified plan for measures to control soil erosion and sedimentation.
(10) 
No temporary certificate of occupancy (TCO) for a building or structure on a project, or any portion thereof, shall be issued by a municipality or any other public agency unless a CRC or ROC is issued by the Borough Engineer.
(11) 
During the non-growing season, as defined in the Standards for Soil Erosion and Sediment Control in New Jersey (the Standards), or where seasonal or weather-related constraints exist, or where the applicant's scheduling has prevented or delayed final stabilization (for example, completed site work during winter), the Borough Engineer may issue a CRC or ROC in accordance N.J.A.C. 2:90-1.14(k)1-3.
(12) 
Where the applicant has completed temporary stabilization and provided temporary erosion control measures in compliance with the certified soil erosion and sediment control plan, the applicant may request a CRC or ROC from the Borough Engineer. The Borough Engineer may also require the applicant to provide a performance deposit and enter into a performance agreement with the Borough Engineer to assure completion of final stabilization. In such instance, the Borough Engineer, at his option, may issue the CRC or ROC subject to the requirement that final stabilization be completed by the date indicated on the performance agreement such as, by the end of the next growing season, as defined in the Standards or such reasonable time period established by the Borough Engineer. Upon receipt of the signed performance agreement and cash performance deposit, the Borough shall deposit the performance deposit into an interest-bearing escrow account with interest to accrue to the benefit of the applicant. The applicant shall sign and deliver to the Borough any and all forms required by the Borough or its bank to open and maintain such interest-bearing escrow account. Upon completion of final stabilization by the applicant, the Borough shall return such performance deposit with interest to the applicant minus the administrative costs assessed by the Borough pursuant to the Borough Fee Ordinance. Upon the failure of the applicant to timely or satisfactorily implement the permanent stabilization in accordance with performance agreement and this section, the Borough Engineer shall provide written notification of such failure to the applicant together with a demand that such failure be fully cured within 10 calendar days of the date of such notification to the Borough Engineer's satisfaction or a later date established by the Borough Engineer. If after such ten-calendar-day period, or agreed-to time frame, such failure is not fully and properly cured to the Borough Engineer's satisfaction, the Borough may utilize the applicant's performance deposit in order to contract for all work necessary or required to cure such failure and to complete all permanent measures in accordance with the performance agreement.
Any person who violates any of the provisions of this chapter and standards promulgated pursuant to this chapter or fails to comply with the provisions of a certified plan shall be liable for a penalty of not less than $25 nor more than $3,000. Each day during which it continues shall constitute an additional, separate and distinct offense.