A. 
Applicability. A soil erosion and sediment control plan shall be prepared by the applicant for any project causing a soil disturbance of more than 5,000 square feet. This plan shall be reviewed, approved and certified by the Township Engineer or by the Somerset-Union Soil Conservation District if covered by prior agreement when it is in conformance with standards. Such certification shall be granted prior to sketch plat approval for a minor subdivision, prior to preliminary plat approval for a major subdivision or prior to site plan approval, by the Planning Board or Board of Adjustment, or prior to the issuance of a development permit by the Development Enforcement Officer (DEO). Any development causing a soil disturbance, regardless of the area distributed, whether or not a building permit is required, shall be reviewed by the Township Engineer for the applicability of this article if there exists the possibility that increased rate of water runoff or sedimentation will be caused by the development. If the Township Engineer finds that the development will increase the rate of water runoff or sedimentation will occur, the person causing said soil disturbance shall comply with all provisions of this article before proceeding with any additional work.
B. 
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, this 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.
C. 
The applicant shall be provided with written notice of such decision by the Township Engineer (or other authorized municipal agent). A copy of such decision, including name of applicant, site location by street address and block and lot number and proposed land use, shall be sent to the Somerset-Union Soil Conservation District. The Township shall also make available such other information as may be required by the district.
D. 
Amendments. Minor amendments to a soil erosion and sediment control plan may be approved by the Township Engineer, who shall notify the Planning Board or Board of Adjustment and the Development Enforcement Officer of the nature and reason for the change. Major amendments shall be resubmitted to the approving agency.
A. 
General. In the preparation of soil erosion and sediment control plans, the following general principles of design shall be adhered to:
(1) 
The smallest practical area of land shall be exposed at any one time during development and, when feasible, natural vegetation shall be retained and protected.
(2) 
Temporary plant cover or mulching shall be used to protect critical erosion areas during development.
(3) 
Temporary diversions and outlets should be constructed or installed to accommodate the increased runoff caused by the changed soil and surface conditions prior to any on-site grading or disturbances.
(4) 
Sediment basins, debris basins, desilting basins or silt traps should be installed to remove sediment from runoff waters. Stilling devices shall be used to reduce scouring, gouging and erosion where water runoff leaves artificial conduits at high velocities.
(5) 
Permanent final plant cover, such as lawn, ground cover and similar plantings, should be installed as soon as possible on any site. Sediment shall be retained on the site to the maximum extent feasible.
(6) 
Permanent improvements, such as roads, catch basins, curbs and similar improvements, should be installed or constructed and completed as soon as possible.
(7) 
The applicant shall be required to have the certified plan on site during construction.
B. 
Specific. The detailed plans and specifications in any soil erosion and sedimentation control plan shall be dictated by the characteristics of the site to be developed and the nature of the development. All such plans shall utilize the Standards for Soil Erosion and Sediment Control in New Jersey.
A complete application for certification of soil erosion and sediment control plans shall include the following items:
A. 
Three copies of the project or development plan at a scale of one inch equals 100 feet or at an appropriate scale, based on the Township Engineer's recommendation, with location of the project referenced, at an appropriate scale, to a county map. Each copy shall contain:
(1) 
Contours at a two-foot interval or other interval agreed upon, showing present and proposed ground elevations.
(2) 
Location of present and proposed drains and culverts with their discharge capacities and velocities and supporting computations, and identification of conditions below outlets.
(3) 
A site grading plan showing proposed cut-and-fill areas, together with existing and proposed profiles of these areas.
(4) 
Delineation of any area subject to flooding from the one-hundred-year storm in compliance with the Flood Plains Act (N.J.S.A. 58:16A) or applicable municipal zoning.
(5) 
Delineation of streams within the project area.
(6) 
Location of all proposed soil erosion and sediment control facilities.
B. 
Three copies of the applicable soil maps, soil interpretations, or other resource data used. (Delineation of the project site on soil maps, if available, is permitted.)
C. 
Three copies of a narrative soil erosion and sediment control plan indicating: (this information may be detailed on the plat if space permits)
(1) 
Proposed sequence of development.
(2) 
Proposed starting date of each phase in the sequence.
(3) 
Identification of land areas to be disturbed and length of time the soil in each area will be unprotected.
(4) 
Listing and location of all trees eight inches or greater in diameter at breast height (dbh) and all ornamental trees with a dbh of four inches, or more found in the work area. Supply information on historical or exceptional trees where they exist. According to the vegetation inventory, individual specimen trees must be located in all disturbed areas. Notice on plan if work area falls within critical vegetation and stream buffer zones.
[Amended 9-18-1978 by Ord. No. 78-22; 11-18-1991 by Ord. No. 91-33]
(5) 
Proposed date to complete each phase of development.
(6) 
Planned soil erosion and sediment control measures and facilities, including cross sections and plan views, with supporting computations, based upon standards promulgated by the New Jersey Soil Conservation Commission.
(7) 
Plans for maintenance of permanent soil erosion and sediment control measures and facilities during and after construction, including responsibility for maintenance of facilities after the development is completed.
D. 
Other items as may be required by the local district.
The Planning Board, Board of Adjustment or Development Enforcement Officer shall require the construction or installation of improvements or such other measures necessary to prevent increased water runoff, soil erosion and sedimentation prior to any site development work or the start of construction. The approving agency should request the assistance of the Environmental Commission in its review.
Improvements or such other measures or an approved soil erosion and sedimentation control plan as may be required subsequent to the start of construction or site development work may be deferred until much appropriate time as when required but must be clearly specified in the plan. The Planning Board, Board of Adjustment or Development Enforcement Officer may provide for the posting of performance guaranties and maintenance bonds in the same manner as provided in Part 10 of this chapter.
The following procedures shall apply with respect to the enforcement of this article:
A. 
Regular inspection of projects to determine execution in accordance with the certified plan shall be carried out by the Township Engineer.
B. 
The Township Engineer shall determine at each inspection whether or not the provisions of the certified plan are being followed by the applicant.
C. 
The Township Engineer shall inform the applicant in writing of observed deviation from the certified plan and request immediate compliance with the plan.
D. 
The Township Engineer may issue a stop-work order if the applicant fails to comply with the provisions of the certified plan within five working days of written notice of deviation or if a project is not being executed in accordance with a certified plan.
E. 
When a stop-work order is issued, no further construction activity may take place until the applicant is in compliance with all provisions of the certified plan.
F. 
Restoration of all disturbed areas must be stabilized to prevent erosion as quickly as possible. Any required facility necessary during construction must be maintained until stabilization is complete. All unnecessary control facilities must be removed, areas graded and soils stabilized before a certificate of occupancy is granted.
G. 
The Development Enforcement Officer shall not issue a certificate of occupancy for a project unless there has been compliance with the provisions of a certified plan for permanent measures to control erosion and sedimentation. The Township Engineer shall provide the Development Enforcement Officer with a written report of compliance upon completion of the project; the Township Engineer or other designated enforcement official shall send a copy of a written report of compliance to the Somerset-Union Soil Conservation District.
[Amended 6-5-1978 by Ord. No. 78-11]