[HISTORY: Adopted by the Township Committee of the Township of West Amwell 5-25-1978 by Ord. No. 5-78. Amendments noted where applicable.]
GENERAL REFERENCES
Drainage and watercourses — See Ch. 79.
Floodplain management — See Ch. 90.
Land development — See Ch. 109.
Soil removal — See Ch. 138.
The purpose of this chapter is 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 safety, public health, convenience and general welfare of the community.
A. 
Word usage. For the purpose of this chapter, certain rules of word usage apply to the text as follows:
(1) 
Words used in the present tense include the future tense; and the singular includes the plural, unless the context clearly indicates the contrary.
(2) 
The term "shall" is always mandatory and not discretionary; the word "may" is permissive.
(3) 
Any word or term not interpreted or defined by this chapter shall be used with a meaning of common or standard utilization.
B. 
Definitions. The following definitions shall apply in the interpretation and enforcement of this chapter, unless otherwise specifically stated:
APPLICANT
A person, partnership, corporation or public agency requesting permission to engage in land disturbance activity or seeking site plan or subdivision approval from the Planning Board.
APPLICATION FOR DEVELOPMENT
A proposed subdivision of land, site plan, conditional use, zoning variance, planned development or construction permit.
CRITICAL AREA
A sediment-producing, highly erodible or severely eroded area.
EROSION
Detachment and movement 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 for their installation, which will effectively minimize soil erosion and sedimentation. Such measures shall be in accordance with standards 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.
HUNTERDON COUNTY SOIL CONSERVATION DISTRICT
A governmental subdivision of this state, which encompasses this municipality, organized in accordance with the provisions of Chapter 24, Title 4, of the New Jersey Revised Statutes.
LAND
Any ground, soil or earth, including marshes, swamps, drainageways and areas not permanently covered by water, within the municipality.
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.
PLAN
A scheme which indicates and measures, including a schedule of the timing for their installation, to minimize soil erosion and sedimentation.
PROJECT
The disturbance of more than 5,000 square feet of the surface area of land for the accommodation of construction for which the State Uniform Construction Code[1] would require a construction permit, except construction of a single-family dwelling unit not a part of an application for development involving two or more such single-family dwelling units.
[Amended 9-7-1978 by Ord. No. 8-78]
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 a suitable location 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.
STANDARDS
Standards shall be as defined in Standards for Soil Erosion and Sediment Control in New Jersey, as promulgated by the State Soil Conservation Committee.
STATE SOIL CONSERVATION COMMITTEE
An agency of the state established in accordance with the provisions of Chapter 24 of Title 4 of the New Jersey Revised Statutes.
STRIPPING
Any activity which significantly disturbs vegetated or otherwise stabilized soil surface, including clearing and grubbing operations.
[1]
Editor's Note: N.J.S.A. 52:270-119 et seq.
A. 
No land area shall be disturbed by any person, partnership, corporation, municipal corporation or other public agency within this municipality unless the applicant has submitted to the Construction Code Official a plan to provide for soil erosion and sediment control in accordance with the standards and such plan has been approved and a valid land disturbance permit has been issued by the Construction Code Official unless exempted.
B. 
No subdivision, site plan or land development plan shall be approved unless it includes a soil erosion and sediment control plan in accordance with the provisions of this chapter.
A. 
On all site plans, preliminary subdivision plats or other applications requiring Planning Board approval and involving land disturbance, there shall be submitted to the Planning Board a soil erosion and sediment control plan. The Planning Board may seek assistance from the Hunterdon County Soil Conservation District in the review of such plans. The soil erosion and sediment control plan shall be filed with and become a part of the preliminary subdivision, site plan or other application and shall be subject to the same procedure for approval, denial or appeal as the application of which it is a part.
B. 
The Construction Code Official shall grant approval or denial of the plan within a period of 30 days of submission of a complete application unless this period is extended by mutual agreement, in writing, for an additional 30 days. Failure of a municipality to make a decision within such period or any extension thereof shall constitute certification. The applicant shall be provided with a written notice of such decision by the Construction Code Official. A copy of such decision, including the name of the applicant, site location by street address and block and lot numbers and proposed land use, shall be sent to the Hunterdon County Soil Conservation District. The municipality shall also make available such information as may be required by the Hunterdon County Soil Conservation District.
[Amended 9-7-1978 by Ord. No. 8-78]
C. 
The applicant must submit a separate soil erosion and sediment control plan for each noncontiguous site. The applicant may consult with the Hunterdon County Soil Conservation District in the selection of appropriate erosion and sediment control measures and the development of the plan. Such plan shall contain:
(1) 
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 pertinent sheets of the Hunterdon County Soil Conservation District soil survey.
(2) 
The location and description of proposed changes to the site. The scale shall be in accordance with the provisions of Chapter 109, Land Development, of the Code of the Township of West Amwell. Appropriate contour maps shall be submitted, showing existing and proposed contours of area from which material is to be removed.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(3) 
Measures for soil erosion and sediment control must meet or exceed Standards for Soil Erosion and Sediment Control adopted by the State Soil Conservation Committee. Such standards shall be on file at the office of the local soil conservation district, the Construction Code Official and the Township Engineer.
(4) 
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.
(5) 
All proposed revisions of data required shall be submitted by applicant to the Construction Code Official.
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 will 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 to a practical minimum.
D. 
Either temporary seeding, mulching or other suitable stabilization measures 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 or disturbance.
F. 
Water runoff shall be minimized and retained on the site whenever possible to facilitate groundwater recharge.
G. 
Sediment shall be retained on the site to the maximum extent feasible.
H. 
Diversions, sediment basings and similar required structures shall be installed prior to any on-site grading or disturbance.
I. 
Permanent vegetative protection and erosion control measures shall be established as soon as practically possible.
A. 
Prior to the issuance of a permit, the applicant shall file with the Township Clerk a performance guaranty in form and amount as specified by the Township Committee in conformance with the Engineer's recommendation. The guaranty shall be discharged after completion and approval of all work specified in the plan and may be discharged in part, based on partial completion and approval, at the discretion of the Township Committee on recommendation of Township Engineer.
B. 
All necessary soil erosion and sediment control measures installed under this chapter shall be adequately maintained for two years after final approval of such measures or until such measures are permanently stabilized, as determined by the Construction Code Official.
C. 
The Township Committee may require a maintenance guaranty 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 permanent installation.
A. 
The requirements of this chapter shall be enforced by the Construction Code Official, who shall inspect or require adequate inspection of the work. The Construction Code Official may seek assistance from the Township Engineer or the Hunterdon County Soil Conservation District in carrying out any provisions of this chapter. The applicant is required to have a certified plan on the site during construction.
B. 
The Construction Code Official shall be notified by the applicant at least 24 hours prior to the start of any project.
C. 
The Construction Code Official may require necessary measures to be promptly installed and may require modifications to the plan when, in his judgment, such are necessary to properly control erosion and sediment.
D. 
In the event of failure to comply with the requirements of this chapter, the Construction Code Official may revoke construction permits, refuse to issue further building permits and issue stop-work orders.
E. 
No approval for occupancy of any building shall be granted unless all needed soil erosion and sediment control measures have been completed. A formal report of such compliance shall be filed with the municipal agent authorized to issue a certificate of occupancy. A copy of this report shall be sent to the Hunterdon County Soil Conservation District.
F. 
The applicant shall bear the final responsibility for the installation and construction of all required soil erosion and sediment control measures.
The application for certification of a soil erosion and sediment control plan shall be accompanied by a fee payable to the Township of West Amwell, as follows:
A. 
For any subdivision and site plan involving one acre or less: $100.
B. 
For any additional acre, up to and including the 20th acre: $10 for each acre.
C. 
For every acre after the 20th: $5 per acre.
The following activities are specifically exempt from this chapter:
A. 
Land disturbance associated with existing one- and two-family dwellings if such disturbance involves less than 5,000 square feet of land area.
B. 
Use of land for gardening primarily for home consumption.
C. 
Agricultural use of lands when operated in accordance with recognized good farming practices.
Any person aggrieved by any decision or action of the Construction Code Official or Planning Board under this chapter may appeal to the Township Committee. Such appeal shall be made in writing and filed with the Township Clerk within 10 days from the date of such decision or action. The applicant shall be entitled to a hearing before the Township Committee within 30 days from the date of appeal.
If any person, partnership, corporation, municipal corporation, public agency or other entity 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. 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:58-10 et seq.). The Superior Court, County Court, County District 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.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).