[Added 7-18-2005 by Ord. No. 685]
The purpose of this Part 6 is to control, prevent and minimize soil erosion and sediment damages and related environmental damage in the Township of Boonton and to give adjoining property owners an opportunity to review proposed work which may adversely affect their properties by requiring provisions for surface water retention and drainage and for the protection of exposed soil surface in order to promote the safety, public health and convenience and general welfare of the community.
The provisions and requirements of this Part 6 shall be held paramount to any corresponding or similar, but less restrictive, provisions and requirements of any existing law, ordinance, rule, regulation, deed restriction or private covenant affecting lands and premises in the Township of Boonton.
A.
Application requirements and procedures.
(1)
No application to the Planning Board, Zoning Board
of Adjustment or Construction Official of the Township for any of
the following approvals shall be granted unless and until a soil erosion
and sediment control plan shall have been submitted to and approved
by the Planning Board or, if an application is properly before the
Board of Adjustment, the Board of Adjustment shall have the right
to review and approve the plan:
(a)
Site plan approval.
(b)
Minor subdivision approval.
(c)
Preliminary approval for a major subdivision.
(d)
Soil disturbances not in connection with a construction
permit in excess of 5,000 square feet of surface area of land.
(e)
Zoning variance or special exception involving
the disturbance of more than 5,000 square feet of surface area of
land.
(f)
Planned unit development.
(2)
No permit shall be issued by the Township Committee pursuant to Part 4 for the clearing or improvement of any land for a street, right-of-way, road or avenue which has or may be dedicated to public use and which is not an accepted street unless and until a soil erosion and sediment control plan shall have been submitted to and approved by the Township Committee.
(3)
No construction permits shall be issued by the Construction
Official pursuant to the zoning regulations for any construction to
disturb land in excess of 400 square feet but less than or equal to
5,000 square feet unless and until a soil erosion and sediment control
plan shall have been submitted to and approved by the Township Committee.
(4)
In situations where none of the above approvals are required, it shall be unlawful for any person to disturb the existing surface of the land without obtaining a permit from the Construction Official, upon submission to the Construction Official and approval by the Township Engineer of any appropriate plan for the work to be done, prepared in accordance with the provisions of and meeting the principles and requirements of this Part 6.
B.
Review.
(1)
Soil erosion and sedimentation plans shall be approved
when in conformity with the standards for soil erosion and sediment
control. The Planning Board and Building Inspector may seek the assistance
of the Morris County Soil Conservation District in the review of such
plans and may deem as approved those plans which have been reviewed
and determined adequate by the Morris County Soil Conservation District.
The Planning Board shall have, but shall not be limited to, the right
to fix the schedule for exposure of land areas for the construction
and installation of improvements to prevent soil erosion and sedimentation
and may require that such work or measures be completed prior to any
site development work.
(2)
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 municipality and the applicant,
such period is extended for an additional 30 days. Failure of the
municipality to make a decision within such period or such extension
thereof shall constitute certification.
(3)
The applicant shall be provided with written notice
of such decision by the Municipal Clerk upon receipt of notice from
the appropriate reviewing authority. A copy of such decision, which
shall include the name of applicant, site location by street address
and block and lot number and proposed land use, shall be sent to the
Morris County Soil Conservation District. The municipality shall also
make available such other information as may be required by the District.
C.
Responsibility of applicant. The applicant shall bear the final responsibility for the performance of all work to be done in accordance with the plans submitted and approved and the provisions of this Part 6, including but not limited to the timely installation and construction of all required soil erosion and sedimentation control measures according to the provisions of this Part 6.
The following activities shall be exempted from
the provisions of this section:
The applicant shall submit to the appropriate approving authority for each site subject to this Part 6 on which work is to be done a soil erosion and sediment control plan.
A.
Each plan submitted shall contain:
(1)
Name, address of applicant and, if other than
an individual, legal status.
(2)
Name, address of owner of the property and,
if other than an individual, legal status.
(3)
Street address and tax lot and block numbers
of premises.
(4)
A map of the property showing area or areas
to be affected, dimensions thereof and use or uses to which affected
areas are to be put upon completion of work, including new vegetation
to be planted as part of work.
(5)
The signature of the applicant and of the owner
approving the plan, if different from the applicant.
(6)
The location and description of existing natural
and man-made features and watercourses on and surrounding the site
within 200 feet of its boundaries, including topography and soil characteristics
and a copy of the Soil Conservation District survey.
(7)
Contours at two-foot intervals of existing ground
surface and of proposed finished ground surface, spot elevations,
both existing and proposed, at building corners and existing and proposed
first-floor elevation, where applicable.
(8)
Measures for soil erosion and sediment control
which shall be equivalent to or exceed standards for soil erosion
and sediment control adopted September 1974 by the New Jersey State
Soil Conservation Committee, and as the same may hereafter be amended
or supplemented. Such standards shall be on file with the Township
Clerk and the Morris County Soil Conservation District.
(9)
A schedule of the sequence of installation of
planned erosion and sediment control measures as related to the progress
of the project.
A.
There shall be no soil disturbance in areas in excess
of 5,000 square feet until:
(1)
Adjoining property owners have been notified
by certified mail, to coincide with notices issued for public hearing,
if any, on the same matter, that a soil erosion and sediment control
plan has been submitted and the authority to which they may file objection,
if any, being the Planning Board Secretary, the Zoning Board of Adjustment
Secretary or the Township Clerk, as the case may be, within 10 days
of mailing of notice; and
(2)
The appropriate authority has approved the soil
erosion and sediment control plan after due inspection, consideration
and opportunity for any person filing objections to be heard in a
public meeting/hearing.
B.
Soil erosion and sedimentation 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. The following principles shall apply to the soil erosion
and sediment control measures as outlined on the plan:
(1)
Stripping of vegetation, grading or other soil
disturbance shall be done in a manner which will minimize soil erosion.
(2)
Whenever feasible, natural vegetation and the
natural ground surface shall be retained and protected.
(3)
The extent of the disturbed area and the duration
of its exposure shall be kept within practical limits.
(4)
Temporary seeding, mulching or other suitable
stabilization measures shall be used to protect exposed critical areas
during construction or other land disturbance.
(5)
Drainage provisions shall accommodate increased
runoff resulting from modified soil and surface conditions, during
and after development or disturbance. Such provisions shall be in
addition to all existing requirements.
(6)
Water runoff shall be minimized and retained
on site wherever possible to facilitate groundwater recharge.
(7)
Sediment shall be retained on site as far as
practical.
(8)
Diversions, sediment basins or other similar
required structures shall be installed prior to any on-site grading
or disturbance and shall be maintained as directed by the Township
Engineer.
(9)
Development shall preserve salient natural features
and existing grades, thereby keeping grading, stripping and excavation
to a minimum.
(10)
Fill shall be placed and compacted so as to
prohibit sliding and minimize erosion and shall not encroach on watercourses
unless a permit for such encroachment has been approved by the Department
of Environmental Protection, Bureau of Water Control or its successor.
(11)
Fill placed adjacent to a watercourse, when
permitted, shall have suitable protection to minimize erosion for
all stream flow conditions. (See the Flood Hazard Area Control Act,
N.J.S.A. 58:16A-50 et seq.; N.J.A.C. 7:13-4.1 et seq.; and the Water
Pollution Control Act, N.J.S.A. 58:10A-1 et seq.).
C.
An applicant performing soil erosion and sediment control measures under this Part 6 shall maintain all permanent soil erosion and sedimentation control measures in good order for a period of two years after completion of the entire project and work described in the approved soil erosion and sedimentation control plan. The Township Engineer shall certify the completion date. Performance bonds assuring completion until acceptance of the project, and maintenance bonds assuring proper functioning for two years after completion of the project, pursuant to § 102-103 through this § 102-103.3, shall be posted in the same manner as provided in Article VIII.
A.
Fees. A permit fee as set forth in § 102-82 shall be submitted with all soil erosion and sediment control plans submitted for approval.
B.
Inspections.
(1)
The Construction Official or, if authorized by the Township Committee, the Township Engineer or the Morris County Soil Conservation District, shall enforce the requirements of this Part 6 and shall inspect the work being undertaken in connection with the soil erosion and sediment control plan. In the event of a failure to comply with any condition or requirements of the plan, the Construction Official, the Township Engineer or the Morris County Soil Conservation District, as the case may be, shall, among other things, revoke the building permit or certificate of occupancy, issue stop-work orders and generally take such action as may be justified under the circumstances and shall require necessary soil erosion control and sedimentation control measures to be promptly installed.
(2)
Reports. A formal report of compliance with
the provisions of a certified plan for permanent measure to control
soil erosion and sedimentation must be filed with the municipal agent
authorized to issue a certificate of occupancy. A copy of this report
shall be sent to the Morris County Soil Conservation District.
