This chapter shall be known as the “Andover
Township Soil Erosion and Sediment Control Chapter.”
The purpose of this chapter shall be 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 public health, safety, convenience and general welfare of the
community.
The following definitions shall apply in the
interpretation and enforcement of this chapter:
APPLICANT
A person, partnership, corporation or public agency requesting
permission to engage in land disturbance activity.
CRITICAL AREA
A sediment-producing highly erodible or severely eroded area.
EROSION
The detachment and movement of soil or rock fragments by
water, wind, ice and gravity.
EROSION AND SEDIMENT CONTROL PLAN
A plan which fully indicates necessary land treatment measures,
including a schedule of the timing of their installation, which shall
effectively minimize soil erosion and sedimentation. Such measures
shall be in accordance with standards for soil erosion and sediment
control in New Jersey as promulgated by the State Soil Conservation
Committee.
EXCAVATION or CUT
Any act by which soil or rock is cut into, dug, quarried,
uncovered, removed, displaced or relocated.
FARM CONSERVATION PLAN
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.
LAND
Any ground, soil, or earth including marshes, swamps, drainageways
and areas not permanently covered by water within the Township.
LAND DISTURBANCE
Any activity involving the clearing, grading, transporting,
filling and any other activity which causes land to be exposed to
the danger of erosion.
MULCHING
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.
PERMIT
A certificate issued to perform work under this chapter.
SEDIMENT
Solid material, both mineral and 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.
SEDIMENT BASIN
A barrier or dam built at suitable locations to retain rock,
sand, gravel, silt or other material.
SITE
Any plot, parcel or parcels of land.
SOIL
All unconsolidated mineral and organic material of any origin.
SOIL CONSERVATION DISTRICT
A governmental subdivision of this state, which encompasses
this Township, organized in accordance with the provisions of N.J.S.A.
4:24-1 et seq.
STRIPPING
Any activity which significantly disturbs vegetated or otherwise
stabilized soil surface including clearing and grubbing operations.
WETLANDS
A marsh swampland, saturated with water, including, but not
limited to, all areas composed of soils having a seasonal high-water
table at the surface.
The applicant shall submit a separate soil erosion
and sediment control plan for each noncontiguous site. This plan shall
be prepared by a licensed professional engineer. Such plan shall contain:
A. A map of the site, at a scale of one inch equals 50
feet, minimum, showing existing contour lines, at two-foot intervals.
B. 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.
C. The location and description of proposed changes to
the site.
D. Measures for soil erosion and sediment control which
shall meet or exceed Standards for Soil Erosion and Sediment Control
promulgated by the State Soil Conservation Committee. Standards shall
be on file at the offices of the local Soil Conservation District
and the Township Clerk.
E. 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.
F. All proposed revisions of data required shall be submitted
for approval. The applicant may consult with the Sussex County Soil
Conservation District in the selection of appropriate erosion and
sediment control measures and the development of the plan.
G. Any computations and documents which may be required
by the Township Engineer to demonstrate that adequate soil erosion
measures are employed to assure against the hazards of soil erosion
and sedimentation.
H. An application form completely filled in. This form
of application is annexed to this chapter as an appendix.
J. An escrow fee for inspections of the site and review
of the project.
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 shall minimize soil erosion.
B. Whenever feasible, natural 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.
D. Either temporary seeding, mulching or other suitable
stabilization measure 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 of disturbance. Such provisions shall be in addition to
all existing requirements.
F. Water runoff shall be minimized and retained on site,
wherever possible, to facilitate groundwater 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.
All necessary soil erosion and sediment control
measures installed under this chapter shall be adequately maintained
for one year after completion of the approved plan, or until such
measures are permanently stabilized as determined by the Township
Engineer. The Township Engineer shall give the applicant, upon request,
a certificate indicating the date on which the measures called for
in the approved plans were completed.
The following activities are specifically exempted
from this chapter:
A. Land disturbances associated with one- or two-family
dwellings, if such disturbance involves less than 5,000 square feet
of land area.
B. Land used for gardening primarily for home consumption.
C. Land used for agricultural purposes, when operated
in accordance with a farm conservation plan approved by the local
Soil Conservation District.
D. Land disturbances
involving less than 5,000 square feet of land area.
[Added 10-26-2009 by Ord. No. 2009-34]
[Amended 5-25-2005 by Ord. No. 2005-14; 4-13-2009 by Ord. No.
2009-11]
A. Application and inspection fees.
(1) Upon applying for a permit pursuant to the provisions
of this chapter, the applicant shall pay a fee to cover the cost of
the initial review of the soil erosion and sediment control application,
as well as for any renewal or resubmission thereof, in the amount
set forth in the fee schedule as follows:
|
|
Fees
|
|
---|
|
Type of Permit
|
Application
|
Escrow Review/ Inspection
|
Renewal and Resubmission
|
---|
|
Single-family home
|
$100
|
$1,000
|
$100
|
|
Minor subdivision
|
$200
|
$1,500
|
$100
|
|
Minor site plan
|
$250
|
$2,000
|
$150
|
|
Major subdivision
|
$250
|
$300 per lot, minimum $3,000
|
$150
|
|
Major site plan
|
$250
|
$3,000, plus $100 per acre
|
$150
|
|
Soil removal
|
$500
|
$2,000, plus $100 per acre
|
$250
|
|
Land disturbance without construction of improvements
|
$500
|
$2,000, plus $100 per acre
|
$250
|
(2) This is the initial minimum deposit required. Any
charges over the initial deposit required for additional reviews for
revisions or incomplete applications or inspections shall be paid
by additional deposits, to be paid monthly, due the first of each
month.
(3) The provisions of §§
74-56H,
I and
J and
74-58 of Chapter
74, Land Use Procedures, shall apply.
B. Upon the issuance of a permit, the applicant shall pay an escrow review fee as set forth in the schedule to cover the cost of inspections and review of the project by the Township Engineer during the year. In the event that this amount is utilized and additional inspections are required, the applicant shall post an additional escrow review fee as set forth in the above schedule with the Planning Board secretary to cover additional inspections. The provisions of §§
74-56D through
J and
74-58 shall apply with respect to the method of administration of inspection fees and the posting of additional inspection fees.
C. Inspection shall be provided for during construction,
and the applicant shall be required to have the certified plans on
site during construction.
D. Applicants
need to comply with the NJDPES Stormwater Phase II, NJ0088323 requirements
for proposed land disturbances one acre or larger. The Stormwater
Phase II program is administered by the local soil conservation district
and upon municipal approval; all eligible activities should be directed
to the district for further action.
[Amended 10-26-2009 by Ord. No. 2009-34]
E. When a
conditional report of compliance (ROC) is issued, during the nongrowing
season, a performance deposit of $3,000 per acre of disturbed soil
($3,000 minimum for a single-family site) will be required and will
be placed in an escrow account. An administration fee of $100 will
be charged and retained by the Township of Andover.
The Township Committee, upon recommendation
of the Township Engineer, may also require a maintenance guarantee
for a period not to exceed two years after final approval of the soil
erosion and sediment control measures, in an amount not to exceed
15% of the cost of the improvement or of the permanent installation.
Prior to the issuance of a certificate of occupancy,
and prior to the release of any performance guarantee posted for improvements,
a letter from the Township Engineer, certifying the compliance of
the soil erosion and sediment control measures on the site with the
soil erosion and sediment control permit, shall be presented to the
Construction Official in the case of the certificate of occupancy
and the Township Committee in the case of the release of the performance
guarantee.
A permit is valid for a period of three years
from the date of issuance of permit.
[Added 5-25-2005 by Ord. No. 2005-14]
If a permit expires prior to the issuance of a certificate of compliance per §
136-9, an application for permit renewal must be filed along with a renewal fee as set forth in §
136-11.
[Added 5-25-2005 by Ord. No. 2005-14]
If the project for which a permit has been issued is found to be constructed in a manner inconsistent with the approved plan, revised plans shall be prepared by the applicant’s engineer and resubmitted for review by the Township Engineer, along with a resubmission fee as set forth in §
136-11. The Township Engineer or Construction Official, at his or her sole discretion, may require the applicant to resubmit such revised plans to the Township Planning Board or Zoning Board of Adjustment, as deemed appropriate.
[Added 5-25-2005 by Ord. No. 2005-14]
A. If the project is to be completed at a time of the
year wherein established growth is not possible prior to application
for a certificate of occupancy, an applicant shall post a bond in
the principal sum of $3,000, plus pay an administrative fee of $100,
providing for full and complete performance.
B. The $3,000 bond shall be returned to the applicant
after growth is established and a certificate of compliance from the
Township Engineer is received by the Construction Official. Such
bond will be with such sureties and in such form as is satisfactory
to the Andover Township Committee.