This chapter shall be known as the "Washington Township Soil Erosion
and Sediment Control Ordinance."
The purpose of this chapter is to control soil erosion and the resulting
sedimentation from occurring on developing areas by requiring proper provisions
for water disposal and the protection of soil surface during and after construction;
to reduce the danger from stormwater runoff; to retard on-tract and off-tract
pollution from sediment; to conserve and protect the land, water, air and
environmental resources of the Township; and to promote the health, safety
and welfare of the community.
As used in this chapter, the following terms shall have the meanings
indicated:
APPLICANT
Any person requesting permission to engage in land disturbance activity.
APPROVED PLAN
A plan to control soil erosion and sedimentation which has been approved
by the Planning Board.
CRITICAL AREA
A sediment-producing area severely eroded or endangered by severe
erosion.
CUT or EXCAVATION
The result of any act by which soil or rock is cut into, excavated,
dug, quarried, uncovered, removed, displaced or relocated.
DISTURBANCE
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.
DIVERSION
A channel, with or without a supporting ridge on the lower side,
constructed across or at the bottom of a slope.
EMBANKMENT
A man-made deposit of soil, rock or other materials.
EROSION
The wearing away of the land surface by the action of wind, water,
ice or gravity.
EXISTING GRADE
The vertical location of the existing ground surface prior to cutting
or filling.
FILL
A manmade deposit of soil, rock or other material.
FINISHED GRADE
The final grade or elevation of the ground surface conforming to
the proposed design.
GRADING
Any stripping, cutting, filling, stockpiling, or any combination
thereof, including the land in its cut or filled condition.
GRASSED WATERWAY
A natural or constructed waterway, usually broad and shallow, covered
with erosion resistant grasses, used to conduct surface water from a field,
diversion or other site feature.
MULCHING
The application of plant or other suitable materials on the soil
surface to conserve moisture, hold soil in place and aid in establishing plant
cover.
PERMANENT STREAM
A stream normally having continuous water flow in any quantity throughout
the year.
PROJECT
The disturbance of more than 5,000 square feet of the surface area
of land or any activity listed in the New Jersey Soil Erosion and Sediment
Control Act of 1975, N.J.S.A. 4:24-39 et seq., as amended, which requires
municipal approval of a soil erosion and sediment control plan.
REGULATED GRADING
Any grading performed with the approval of the Township Engineer
and in accordance with criteria established by this chapter.
SEDIMENT
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.
SEDIMENT BASIN
A barrier or dam built across a waterway or at other suitable locations
to retain rock, sand, gravel, silt or other material.
SEDIMENT POOL
The reservoir space allotted to the accumulation of submerged sediment
during the life of the structure.
SOIL
All unconsolidated mineral and organic material of any origin.
SOIL EROSION AND SEDIMENT CONTROL PLAN
A plan indicating the proposed scheduling and construction details
for soil erosion and sediment control measures and meeting the requirements
of this chapter.
STANDARDS
The standards for soil erosion and sediment control in New Jersey
as promulgated by the State Soil Conservation Committee, dated September 9,
1974, including all subsequent amendments thereto.
STRIPPING
Any activity which removes or significantly disturbs the vegetative
or stabilized surface cover, including clearing or grubbing operations.
VEGETATIVE PROTECTION
Stabilization of erosive or sediment producing areas by covering
the soil with:
A.
Permanent seeding, producing long-term vegetative cover.
B.
Short-term seeding, producing temporary vegetative cover.
C.
Sodding, producing areas covered with a turf of perennial seed-forming
grass.
WATERCOURSE
Any natural or artificial watercourse, stream, river, creek, ditch,
channel, canal, conduit, culvert, drain, waterway, gully, ravine or wash in
which water flows in a definite direction or course either continuously or
intermittently, and which has a definite channel, bed and banks, and includes
any area adjacent thereto subject to inundation by reason of overflow or floodwater.
All normal farming activities are exempt from the provisions of this
chapter.
If any person violates any of the provisions of this chapter or fails
to comply with the provisions of a certified plan, the Township 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. 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.A. 2A:58-1 et seq.). The Superior Court
and Municipal Court shall have jurisdiction to enforce said 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.