[HISTORY: Adopted by the Township Council of the Township of Washington 10-26-1995 by Ord. No. 26-1995 as Ch. XIX, Article I, of the 1994 Code. Amendments noted where applicable.]
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:
- 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.
- See "applicant."
- 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.
- A channel, with or without a supporting ridge on the lower side, constructed across or at the bottom of a slope.
- A man-made deposit of soil, rock or other materials.
- 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.
- 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.
- 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.
- 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.
- NATURAL GROUND SURFACE
- The ground surface in its original state before any grading, excavation or filling.
- PERMANENT STREAM
- A stream normally having continuous water flow in any quantity throughout the year.
- 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.
- 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.
- 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.
- 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.
- Any activity which removes or significantly disturbs the vegetative or stabilized surface cover, including clearing or grubbing operations.
- TEMPORARY PROTECTION
- Stabilization of erosive or sediment producing areas.
- VEGETATIVE PROTECTION
- Stabilization of erosive or sediment producing areas by covering the soil with:
- 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.
Except for one single-family dwelling which is not part of a subdivision or project, as defined in N.J.S.A. 4:24-39 et seq., or land disturbance of 5,000 square feet or less, no development plan shall be approved; no street shall be constructed; no changes shall be made in the contour of the land; no grading, excavating or removal or destruction of topsoil, trees or other vegetative cover of the land shall be commenced by any applicant until such time that a plan for soil erosion and sediment control has been processed with and approved by the Planning Board.
No subdivision, site plan or land development plan shall be approved unless:
There has been a plan approved by the Planning Board that provides for erosion and sediment control consistent with this chapter and an improvement bond or other acceptable securities has been deposited with the Township in the form of an escrow guarantee which will ensure installation and completion of the required improvements in accordance with Township specifications; or
There has been a determination by the Planning Board that an erosion and sediment control plan is not necessary.
Compliance with standards. Erosion and sedimentation control measures used to control erosion and reduce sedimentation shall, as a minimum, meet the standards set forth herein. The Township Engineer shall approve such plans and shall insure compliance with such standards.
Time for submission of plan. The soil erosion and sedimentation control plan, when part of a subdivision application, shall be submitted with the preliminary plan application.
General plan requirements. As part of the site plan review procedure, the subdivision review procedure or any other application for development in the Township and at the time of the initial application, a plan shall be submitted which shows clearly the location of the proposed action on a suitable map, the total area of the development, the total amount of earth work in cubic yards, if required, and any other information deemed necessary for the interpretation of this chapter and review of such plan.
Performance guarantee. Prior to the issuance of a building permit, the developer shall have filed with the Township a performance guarantee sufficient in amount to cover the cost of all soil erosion and sediment control measures, or uncompleted portions thereof, as required by the soil erosion and sediment control plan. An estimate of improvement costs shall be prepared by the Township Engineer in order to determine the amount of the performance guarantee. The performance guarantee shall have been reviewed and have the approval of the Township Solicitor as to both form and amount prior to the issuance of any permits.
Inspection by Township Engineer. Prior to and during construction the soil erosion and sediment control measures shall be subject to inspection and approval by the Township Engineer, who shall be notified by the developer at least 48 hours prior to the start of construction. No underground installation shall be covered until inspected and approved.
Stop orders. The Township, through its Building Inspector or zoning officers, may issue a stop construction order if a project is not being executed in accordance with the approved plan.
Certificate of occupancy. No certificate of occupancy for a project shall be issued by the Township, unless there has been compliance with the provisions of the approved plan for permanent measures to control soil erosion and sedimentation.
Maintenance guarantee. At the time of release of the performance guarantee, a maintenance guarantee, posted in accordance with N.J.S.A. 40:55D-53, may be required.
Removal of sedimentation caused by development. Whenever sedimentation is caused by stripped 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/her expense immediately.
Maintenance of control measures. Maintenance of all soil erosion and sediment control measures, drainage facilities and watercourses within the project is the responsibility of the developer until the final facilities are accepted by the Township.
Maintenance of existing watercourse conditions. It is the responsibility of the developer doing any act on or across a communal stream, watercourse or swale or upon the floodplain or right-of-way thereof, to maintain as nearly as possible in its present state the stream, watercourse, swale, floodplain or right-of-way during the pendency of the activity and to return it to its original or equal condition after such activity is completed.
Maintenance of drainage facilities on private property. 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.
Time schedules. All plans shall contain 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 erosion and sediment control measures.
Standards. Standards and specifications for measures used in the soil erosion and sediment control plan shall be in accordance with the standards as defined herein.
Grading. 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 Board. Minimum 2% slopes away from structures shall be required.
Collection and disposal of runoff. All drainage provisions shall be of such design so as to collect on-site runoff and carry surface waters to the nearest practical street, storm drain, natural watercourse or other approved location of discharge. Where drainage swales are used to deliver surface waters away from buildings, the swales shall be sodded or planted and shall be of such slope, shape and size to conform with specifications of the Township.
Concentration of flow. Concentration of diffused natural water flow shall only be permitted in swales of watercourses.
Soil disturbance; exposure to erosion. Stripping of vegetation, regrading or other development shall be done in such a way that will minimize areas of disturbance and soil erosion.
Maintenance of vegetation. Whenever feasible, natural vegetation shall be retained, protected and supplemented.
Maximum area of disturbance. The disturbed area shall be kept to a practical minimum.
Maximum time of exposure. The maximum length of exposure shall be three months without a vegetative cover established.
Temporary covering. Temporary seedings and/or mulching shall be used to protect exposed critical areas during and after development.
Accommodations for increased runoff during development. Provisions shall be made to accommodate the increased runoff caused by changed soil and surface conditions during and after development.
Recovery of sedimentation. Sediment in the runoff water shall be trapped until the disturbed area is stabilized by the use of sediment basins or other acceptable methods.
Time for construction of control measures. Diversions and sediment basins shall be constructed prior to any on-site grading or disturbance of existing surface material.
Protection and maintenance of watercourses. Banks and beds of temporary and permanent watercourses shall be stabilized.
Excavation slopes. No excavation shall be made with a cut face steeper in slope than 1 1/2 horizontal to one vertical, 66%, except as approved by the Township Engineer when handled under special conditions.
Fill slopes. 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 Township Engineer when handled under special conditions.
Protection of cuts from surface waters. Adequate provisions shall be made to prevent surface water from damaging the cut face of excavations of the sloping surfaces of fills.
Retaining walls. 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.
Excavations near properly lines. Excavations shall not be made so close to property lines as to endanger adjoining property without supporting and protecting the face of the excavation.
Exemption. If submitted as part of the site plan review or subdivision review, no additional fees shall be charged under this chapter.
Escrows for expenses. All expenses for legal, engineering or planning work required by the Township in connection herewith shall be authorized, paid and funded out of the escrow accounts set up as part of the fee and escrow structure under the site plan review or subdivision process.
Fees and escrows of site plan review to apply. Any and all other earth work which is subject to this chapter shall pay the fees and escrows in the manner and amount as set forth for site plan.
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.