[HISTORY: Adopted by the Township Committee
of the Township of Oxford 9-19-1996 by Ord. No. 96-7 (Ch. 81 of the 1974 Township
Code). Amendments noted where applicable.]
GENERAL REFERENCES
Land use procedures – See Ch. 51.
Driveways – See Ch. 164.
Off-tract improvements – See Ch. 226.
Sewers – See Ch. 260.
Site plan review – See Ch. 265.
Soil removal – See Ch. 275.
Stormwater management – See Ch. 285.
Streets and sidewalks – See Ch. 294.
Subdivision of land – See Ch. 298.
Tree removal – See Ch. 313.
A.
The purpose of this chapter is to control soil erosion
and the resulting sedimentation which would otherwise occur on areas
within the Township by requiring proper provision for water disposal
and the protection of soil surfaces during and after construction,
which protection is deemed necessary and proper for the good government,
order, protection, public health, convenience, safety and welfare
of the Township and its inhabitants by the accomplishment of the following
purposes:
(1)
Maintain the useful life of bodies of water and watercourses
by preventing sedimentation;
(2)
Prevent dangers to life and property from flooding
drainage structures;
(3)
Preserve the recreational use of water bodies for
swimming and fishing by preventing stagnation;
(4)
Enhance the recycling of wastewater by maintaining
sufficient flows in streams and rivers to maintain oxygen levels;
(5)
Prevent toxic materials, nitrates and pesticides from
entering public water supplies and surface water of the Township;
(6)
Reduce public expenditures for repair of public facilities
resulting from soil erosion and sedimentation; and
(7)
Conserve the taxable value of property by enhancing
the environmental charactership of the Township.
B.
It is recognized that there is a strong relationship
between the integrity of the Township and the region's water resources
and the development on steep slopes, tree removal, soil disturbance,
stormwater management and the general use of land resources. Therefore,
the appropriate management of these resources is an important health,
safety and general welfare concern.
The intent of this chapter is to control soil
erosion and sedimentation in areas undergoing housing and other construction
and development which cause water runoff, soil disturbances, and destruction
or removal of ground cover or plant life, all resulting in off-site
damage. The statement of specified areas of control expressed herein
shall not be construed as a limitation upon the effect of this chapter.
The following definitions shall apply in the
interpretation and enforcement of this chapter, unless otherwise specifically
stated:
A person, partnership, corporation, public agency or other
legal entities requesting permission to engage in land disturbance
activity.
A proposed subdivision of land, site plan, special exception,
zoning variance, planned unit development or building permit.
The Land Use Board.
A written endorsement of a plan for soil erosion and sediment
control which indicates that the plan meets the standards promulgated
by this chapter or that the time allotted in this chapter has expired
without action by the Township.
A sediment-producing highly erodible or severely eroded area.
A Soil Conservation District organized pursuant to N.J.S.A.
4:24-7 et seq.[1]
Any activity involving the clearing, excavating, storing,
grading, filling or transporting of soil or any other activity which
causes soil to be exposed to the danger of erosion.
The detachment and 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 equivalent to or exceed the standards.
Any act by which soil or rock is cut into, dug, quarried,
uncovered, removed, displaced or relocated.
A plan which provides for use of land within its capabilities
and treatment, within practical limits, according to chosen use to
prevent further deterioration of soil and water resources.
Any ground, soil or earth, including marshes, swamps, drainageways
and areas not permanently covered by water within the Municipality.
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.
The disturbance of more than 5,000 square feet of the surface
area of land for the accommodation of construction for which the Uniform
Construction Code of the State of New Jersey would require a building
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, special exception, zoning
variance, planned unit development or building permit application
involving two or more such single-family dwelling units.
Solid material, mineral or organic, that is in suspension,
is being transported or has been moved from its site of origin by
air, water or gravity as a product of erosion.
A barrier or dam built at suitable locations to retain rock,
sand, gravel, silt or other material.
Any plot, parcel or parcels of land.
All unconsolidated mineral and organic material of any origin.
The Standards for Soil Erosion and Sedimentation Control
in New Jersey as promulgated by the State Soil Conservation Committee
pursuant to N.J.S.A. 4:24-39 et seq.
Any activity which significantly disturbs vegetated or otherwise
stabilized soil surface, including clearing and grubbing operations.
[1]
Editor's Note: N.J.S.A. 4:24-7 to 4:24-12
were repealed by the Laws of 1977, c. 264, § 4, effective
10-18-1977.
A.
No application for a subdivision, site plan, planned development, conditional use, issuance of a variance or issuance of a construction permit, except as specifically exempted by Subsection D below, shall be approved unless it includes an approved soil erosion and sediment control plan and a grading permit has been issued by the Township Engineer. When an approved plan is required, no construction permit or certificate of occupancy shall be issued unless the terms and conditions of the approved plan are being complied with at the time of issuance of any such permit or certificate. A formal report of compliance with the provisions of a certified plan or permanent measures to control soil erosion and sedimentation must be filed with the municipal agent authorized to issue certificates of occupancy.
B.
A separate soil erosion and sediment control plan
shall be submitted for each subdivision, site plan, planned development,
conditional use, issue of a variance or construction permit.
C.
All erosion and sediment control plans shall be reviewed
by the Board and approved when certified by the Township Engineer
to be in conformance with the Standards for Soil Erosion and Sediment
Control in New Jersey, as promulgated by the State Soil Conservation
Committee, New Jersey Department of Agriculture.
D.
The following activities are specifically exempt from
this chapter:
(1)
Land disturbance associated with existing single-family
homes, including gardening for home consumption.
(2)
Agricultural use of lands.
(3)
Minor subdivisions where the total disturbance will
not exceed 5,000 square feet, but only in those cases where the Township
Engineer certifies such exemption to the applicant, in writing, based
on his finding that the particular application will not violate the
standards and purposes of this chapter.
(4)
Land disturbances, excavations or cuts made by the
Township, the County of Warren or the State of New Jersey for public
improvements which do not exceed 5,000 square feet. Disturbances of
this class greater than 5,000 square feet are subject to the requirements
of the Soil Erosion and Sediment Control Act.
(5)
Excavation and grading for yards, sidewalks, drainage
ditches, sewerage disposal systems or other minor improvements associated
with existing residential dwellings, but only in those cases where
the Township Engineer certifies such exemption to the applicant, in
writing, based upon his findings that the particular application will
not violate the standards and purposes of this chapter.
(6)
Disturbances of less than 5,000 square feet.
A.
General standards. In the preparation of a soil erosion
and sediment control plan, the general principles of design hereinafter
set forth shall be adhered to. All control measures shall apply to
all aspects of the proposed site development involving land disturbance
and shall be in operation during all stages of the disturbance activity
from the inception of such activity.
(1)
The smallest practical area of land shall be exposed
at any one time during development, and, to the extent feasible, natural
vegetation shall be retained and protected.
(2)
Stripping of vegetation, grading or other soil disturbance
shall be done in a manner which will minimize soil erosion.
(3)
Temporary plant cover or mulching, or both, or such
other measure as deemed necessary, shall be used to protect critical
erosion areas, including stockpile areas, during development.
(4)
The extent of disturbed areas and the duration of
its exposure shall be kept within practical limits.
(5)
Temporary diversions and outlets shall be constructed
or installed to accommodate the increased runoff caused by the changed
soil and surface conditions during development.
(6)
Temporary diversions and outlets and similar required
structures shall be installed prior to any on-site grading or disturbance.
(7)
Sediment basins, debris basins, desilting or silt
traps shall be installed to remove sediment from runoff waters.
(8)
Water runoff shall be minimized and retained on-site
wherever possible to facilitate groundwater recharge.
(9)
Permanent final plant cover, lawn or ground cover
shall be installed on any site prior to the issuance of a certificate
of occupancy. In the event that such permanent final plant cover cannot
be installed because of conditions of weather, the installation thereof
shall be enforced by appropriate provisions in the bond or other security
and improvement agreements and shall be installed within such time
limits as may be reasonable upon direction of the Township Engineer
as soon as such weather conditions shall permit the installation thereof.
(10)
Permanent improvements, such as roads, catch basins,
curbs and drains, shall be installed or constructed and completed
as soon as possible.
B.
Soil erosion control.
(1)
All cut or fill slopes shall conform to a slope of
two feet horizontal to one foot vertical or less, unless otherwise
approved by the Township Engineer. Cut slopes shall be treated with
four inches of topsoil followed by immediate seeding, fertilizing
and/or planting.
C.
Detailed standards. The detailed plans, specifications
and standards in any soil erosion and sedimentation control plan shall
be dictated by the characteristics of the site to be developed in
the nature of the development. All such plans shall comply with the
standards specified herein. Soil erosion and sediment control measures
shall apply to all features of the construction of the site, including
street and utility installations, as well as to the protection of
individual lots. Measures shall also be instituted to prevent or control
soil erosion and sedimentation during the various stages of development.
D.
Timing. The Township Engineer shall require the construction
or installation of improvements or such measures necessary to prevent
soil erosion and sedimentation prior to any site development work
or the start of construction. He may, however, defer the construction
or installation of such improvements or measures on an approved soil
erosion and sediment control plan until a time or times subsequent
to the start of construction or site development work whenever he
deems such requirements appropriate under the particular circumstances,
provided that such a delay shall not result in soil erosion or stormwater
problems.
E.
Implementation of soil erosion and sediment control
measures. All measures required by an approved plan shall be incorporated
into the preliminary and final plats and any final construction drawings.
A permittee shall bear the final responsibility for the installation,
construction and maintenance of all required soil erosion and sediment
control measures.
Data required. The applicant must submit a soil
erosion sediment control plan for the entire tract of land. All plans
shall be prepared and duly signed and sealed by a professional engineer
or architect licensed in the state of New Jersey. The soil erosion
and sediment control plan shall contain:
A.
Plans and specifications of soil erosion and sediment
control measures in accordance with the standards and specifications
for soil erosion and sediment control of the Warren County Soil Conservation
District and Township of Oxford.
B.
The location and description of proposed changes to
the site.
C.
A timing 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 erosion and sediment
control measures.
D.
The 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 Soil Conservation District
soil survey where available.
E.
A schedule of the sequence of installation of planned
erosion and sediment control measures as related to the progress of
the project, including starting and completion dates.
F.
The location of the exact limits of site disturbance
and area of temporary placement of soil excavated on-site to be reused
during final grading of the site.
A.
The Township Engineer may refer soil erosion and sediment
control plans to the Warren County Soil Conservation District, in
which case no approval shall be given until after the receipt of recommendations
from said District.
B.
Such review and approval shall be made within a period
of 30 days of submission of a complete application unless, by mutual
agreement, in writing, between the Township and the applicant, this
period is extended for an additional 30 days. Failure of the Township
to make a decision within such period or such extension thereof shall
constitute certification.
C.
The applicant shall be provided with written notice
of such decision by the Township Engineer. A copy of such decision,
including the name of the applicant, the site location by street address
and block and lot number, and the proposed land use, shall be sent
to the Warren County Soil Conservation District. The Township shall
also make available such other information as may be required by the
District.
Any amendment or change in an approved soil
erosion and sediment control plan must be approved by the Township
Engineer. NOTE: Permits for excavation on either public or private
property shall not be issued unless the applicant presents a written
statement of compliance with N.J.S.A. 48:2-73 et seq., concerning
underground pipes.
A.
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 of
1999 (N.J.S.A. 2A:58-10 et seq.). The Superior Court, County Court,
County District Court and Municipal Court shall have jurisdiction
to enforce said Penalty Enforcement Law of 1999. If the violation
is of a continuing nature, each day during which it continues shall
constitute an additional separate and distinct offense.
B.
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 said Court may proceed in a summary manner.
A.
Certification. No work, as defined in this chapter,
is to be initiated until a written certification as to the acceptability
and appropriateness of the soil erosion and sediment control plan
is received from the Township Engineer.
B.
Certificate of occupancy. No certificate of occupancy
shall be issued for any dwelling, either residential, multifamily
or commercial, until all aspects of the certified soil erosion and
sediment control plan are in place. In those instances where complete
stabilization of the area is not practical due to the weather or other
conditions, the applicant may be granted a certificate of occupancy,
provided that a cash bond is posted with the Municipality in an amount
specified by the Township Engineer.
C.
Stop-construction order. The Township Engineer may
issue a stop-construction order if a project is not being executed
in accordance with a certified plan.
D.
Inspection and enforcement. The requirements of this chapter shall be enforced by the Township Engineer, who shall also inspect or require adequate inspection of the work pursuant to site plan approval. The applicant shall be required to have the certified plan on site during construction. If the Township Engineer finds existing conditions not as stated in the applicant's erosion and sediment control plan, he may refuse to approve further work and may require necessary erosion and sediment control measures to be promptly installed and may seek other penalties as provided in § 271-9, Violations and penalties, and § 271-10C, Stop-construction order.
E.
Revisions. All subsequent changes to this chapter
must be approved by the State Soil Conservation Committee prior to
enactment.
Fees shall be as follows:
A.
Detached single-family subdivision (or duplex on a
single lot):
|
Number of Lots
|
Certification Fee
|
+
|
Inspection and Enforcement Fee
| |
|---|---|---|---|---|
|
1-3
|
$400
|
+
|
$100 per lot
| |
|
4-10
|
$500
|
+
|
$100 per lot
| |
|
11-25
|
$750
|
+
|
$100 per lot
| |
|
26-50
|
$1,000
|
+
|
$100 per lot
| |
|
51-99
|
$1,300
|
+
|
$100 per lot
| |
|
100 and up
|
$2,050
|
+
|
$100 per lot
|
B.
Multifamily residential (townhouses, etc., excluding
duplex):
|
Number of Buildings
|
Certification Fee
|
+
|
Inspection and Enforcement Fee
| |
|---|---|---|---|---|
|
1-5
|
$450
|
+
|
$100 per lot
| |
|
6-15
|
$650
|
+
|
$100 per lot
| |
|
16-30
|
$900
|
+
|
$100 per lot
| |
|
31-50
|
$1,000
|
+
|
$100 per lot
| |
|
51-100
|
$1,350
|
+
|
$100 per lot
| |
|
100 and up
|
$1,500
|
+
|
$100 per lot
|
C.
Commercial and industrial, also parking lots, public
construction, general land-disturbing activities (i.e., stockpiling,
grading, dredging, stream improvements and demolition). Fee based
upon surface area of land disturbed:
|
Area
|
Inspection and Certification Fee
|
Additional Enforcement Fee
|
+
|
Buildings
| |
|---|---|---|---|---|---|
|
Greater than 5,000 square feet to less than
0.25 acre
|
$450
|
$100 total
|
+
|
$100 per building
| |
|
Greater than 0.25 acre to less than 0.50 acre
|
$500
|
$100 total
|
+
|
$100 per building
| |
|
Greater than 0.50 acre to 1 acre
|
$550
|
$100 total
|
+
|
$100 per building
| |
|
1 acre to 4 acres
|
$700
|
$100 per acre
|
+
|
$100 per building
| |
|
5 acres to 11 acres
|
$1,000
|
$100 per acre
|
+
|
$100 per building
| |
|
12 acres to 25 acres
|
$1,150
|
$100 per acre
|
+
|
$100 per building
| |
|
26 acres to 50 acres
|
$1,400
|
$100 per acre
|
+
|
$100 per building
| |
|
51 acres to 100 acres
|
$1,700
|
$100 per acre
|
+
|
$100 per building
| |
|
101 acres and up
|
$1,850
|
$100 per acre
|
+
|
$100 per building
|
|
NOTES:
| |
|---|---|
|
Partial acreage shall be rounded up to the nearest
whole acre. For smaller than one acre, this does not apply.
|
