[Amended 3-12-2003 by Ord. No. 807-03]
This article is deemed essential and necessary to protect the public health, safety and welfare of the citizens of Clinton Township and the surrounding communities by accomplishing the following purposes:
A. 
Maintain the useful life of reservoirs by preventing sedimentation.
B. 
Prevent dangers to life and property from flooding resulting from excessive water runoff and clogging of drainage structures.
C. 
Preserve the recreational use of water bodies for swimming and fishing by preventing stagnation.
D. 
Enhance the recycling of wastewater by maintaining sufficient flows in streams and rivers to maintain oxygen levels.
E. 
Prevent toxic materials, nitrates and pesticides from entering public water supplies.
F. 
Reduce public expenditures for repair of public facilities resulting from soil erosion and sedimentation.
G. 
Conserve the taxable value of property by enhancing the environmental character of the Township
As used in this article, the following terms shall have the meanings indicated:
AS-BUILT SOIL DISTURBANCE AND GRADING PLAN
A plan in accordance with the broad principles contained within this article which shows the constructed location and elevation of the structure, driveway and grade.
CUT
The portion of land surface or area from which earth has been removed or will be removed by excavation; the depth below original ground surface to excavated surface.
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 material.
EROSION
The wearing away of the land surface by the action of wind, water or gravity.
EXCAVATION
See "cut."
EXISTING GRADE
The vertical location (i.e. elevation) of the existing ground surface prior to cutting or filling.
FILL
See "embankment."
FINISHED GRADE
The final elevation of the ground surface conforming to the proposed design.
FOUNDATION PLAN/LOCATION SURVEY
A plan developed in accordance with the broad principles contained within this article which is to be submitted to the Township Official designated by the Township Administrator for distribution to the Township Engineer and Zoning Officer for review and approval once the foundation is complete and prior to proceeding with the framing of the structure.
GRADING
Any stripping, cutting, filling, stockpiling or any combination thereof.
GRADING PERMIT
A permit issued to authorize work to be performed under this article as shown on the approved soil disturbance and grading plan.
GRASSED WATERWAY
A natural or constructed path, usually broad and shallow, covered with erosion-resistant grasses, used to conduct surface water from a field, diversion or other site feature.
INDIVIDUAL STORMWATER MANAGEMENT
One or more underground recharge system(s) designed to contain the increased surface water associated with the proposed impervious coverage during a two-year storm.
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.
NATURAL GROUND SURFACE
The ground surface in its original state before any grading, excavation or filling.
PERMANENT FINAL PLANT COVER
Final grade in compliance with approved plan with established vegetative cover over 95% of the disturbed area.
SEDIMENT
Solid material, both mineral and organic, being transported or has been moved from its site of origin by air, water or gravity as a product of erosion.
SLOPE
The degree of deviation of a surface from the horizontal plane, usually expressed in percent or degree.
SOIL
All unconsolidated mineral and organic material of whatever origin that overlies bedrock and which can be readily excavated.
SOIL DISTURBANCE AND GRADING PLAN
A plan developed in accordance with the broad principles contained in this article and based on the specific standards and specifications of the Standards for Soil Erosion and Sediment Control in New Jersey, as promulgated by the State Soil Conservation Committee. Individual stormwater management must be provided if the surface water runoff associated with the increased impervious coverage is not accounted for in the overall subdivision approval. The soil disturbance and grading plan must comply with all applicable conditions of any prior subdivision approval.
STRIPPING
Any activity, which removes or disturbs the vegetative surface cover, including clearing and grubbing operations.
TEMPORARY PROTECTION
Shall be in accordance with standards for Soil Erosion and Sediment Control in New Jersey.
TOPSOIL
Native material stripped from the site (minimum organic content of not less than 2.75% by weight) containing no stones, lumps, roots or similar objects larger that two inches in any dimension and not less that a 5.8 pH value.
UNDERGROUND RECHARGE SYSTEM(S)
Shall consist of infiltration tanks and clean stone, not recharge trenches. The bottom of the tanks shall be a minimum of three feet above the seasonal groundwater table or bedrock. The underground recharge system must be a minimum of 20 feet from any building foundation and 100 feet from any septic system. The surrounding soils must have a soil infiltration rate of 0.5 inches per hour or greater. An overflow system shall be provided that connects to the nearest surface drainage facility of adequate hydraulic capacity or discharges away from all structures and septic systems.
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; or
C. 
Sodding, producing areas covered with a turf of perennial sod-forming grass.
WATERCOURSE
Any natural or artificial waterway, 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.
A. 
A soil disturbance and grading plan shall be reviewed and approved by the Township Engineer in accordance with regulations set forth hereinafter and on behalf of the Township for any project, not subject to review by the Planning Board or Board of Adjustment, causing either a grade change greater than 2%, or a soil disturbance (alteration of topography or change in vegetative cover) of more than 2,500 square feet of surface area of land for any of the following reasons: the accommodation of construction for which the State Uniform Construction Code would require a construction permit including the construction of a single-family dwelling unit; the demolition of one or more structures; the operation of any mining or quarry activity; or the clearing or grading of any land for other than agricultural or horticultural purposes. A building permit shall not be issued by the Construction Official until approval of a soil disturbance and grading plan is received from the Township Engineer.
[Amended 12-22-2008 by Ord. No. 974-08]
B. 
This article is not applicable to soil disturbance associated with site improvements defined in a Planning Board or Board of Adjustment approved site plan or subdivision.
C. 
Soil disturbance in excess of 2,500 square feet associated with a swimming pool, septic system modification or driveway modification shall also require approval of a soil disturbance and grading plan in accordance with this article. A foundation plan/location survey and as-built soil disturbance and grading plan shall not be required for a swimming pool.
D. 
A soil disturbance for crop farming purposes shall be exempt from this article, provided that farming is carried out in accordance with a farm conservation plan and Natural Resources Conservation Services land practices and the Township Engineer deems exempt based on information submitted. A copy of the NRCS approval and approved plan must be submitted to the Township official designated by the Township Administrator for distribution to the Township Engineer for the activities to be considered exempt.
E. 
Planting beds for commercial nursery stock shall not be exempt from this article.
A. 
The applicant shall submit four signed and sealed copies of the soil disturbance and grading plan prepared by a licensed professional engineer in the State of New Jersey to the Township official designated by the Township Administrator. The plan shall be drawn at a minimum scale of one inch equals 30 feet and should show the following:
(1) 
Existing grades;
(2) 
Proposed grading around the building site;
(3) 
Proposed building location, including dimensional ties from the building to the property lines, adjacent buildings, tract lines, etc.;
(4) 
Spot elevations and flow arrows;
(5) 
Location of the proposed septic system and driveway, including the materials of construction and grade of the driveway;
(6) 
Calculations of the storage capacity of the recharge system versus the increased surface water associated with the impervious coverage;
(7) 
Seed mixture of 40% turf-type tall fescue, 10% creeping red fescue, 10% chewing fescue, 10% Kentucky bluegrass, and 30% turf-type perennial rye grass or a mixture of 60% of Kentucky bluegrass, 20% turf-type perennial ryegrass and 20% chewing fescue shall be identified. The seed mixture shall be applied at a rate of 200 pounds per acre during optimal seeding period from March 1 to May 15 and August 15 to October 1. Outside the optimal seeding period the seeding rate shall be increased by 50%;
(8) 
Proposed limit of tree clearing;
(9) 
Soil erosion and control devices;
(10) 
Proposed finished floor elevation;
(11) 
Top of foundation elevation for the structure; and
(12) 
The controlling floodplain elevation for the site.
B. 
The applicant shall be provided with written notice, from the Township official designated by the Township Administrator, within five business days of submission that:
(1) 
The plan was approved; or
(2) 
The plan was approved subject to the attached conditions; or
(3) 
The plan was denied approval with the reasons for denial stated therein.
C. 
Following Township approval of the soil disturbance and grading plan, a grading permit will be issued. Upon issuance of the grading permit and receipt of a building permit (if applicable), soil disturbance activities may begin. The extent of soil disturbance should be minimized whenever possible. Careful attention should be made to any and all conservation easements on the property and Township owned structures. An example of a grading permit is attached to this article.[1]
[1]
Editor's Note: The example of a grading permit is on file in the Clerk's office.
D. 
Foundation plan/location survey.
(1) 
The applicant shall provide three copies of the foundation plan/location survey to the Township official designated by the Township Administrator showing the actual location of the foundation as constructed prior to proceeding with the framing of the structure. The applicant's surveyor shall certify the building tie dimensions to determine compliance with all of the specific zoning regulations, including relationship between buildings. The certified survey should show:
(a) 
As-built elevations of the top of foundation;
(b) 
Minimum required floodplain elevation; and
(c) 
The dimensions from building to property lines.
(2) 
One of the three copies of the foundation plan/location survey will be forwarded to the Zoning Officer to confirm continued compliance with setbacks as defined by the Zoning Ordinance or action taken by the Planning Board with any subdivision approval. The second copy will be forwarded to the Township Engineer to confirm compliance with the approved soil disturbance and grading plan and the requirements of this article. An example of a foundation plan/location survey review form is attached to this section.[2]
[2]
Editor's Note: The example of a foundation plan/location survey review form is on file in the Clerk's office.
E. 
In the event of any proposed change in the approved soil disturbance and grading plan, a revised plan must be submitted for review and approval by the Township when the foundation plan/location survey is submitted. In the event of a swimming pool, septic system modification or driveway modification, a revised soil disturbance and grading plan will be required prior to the issuance of a certificate of occupancy. The amended plan will be reviewed by the Township Engineer and a revised grading permit will be issued.
F. 
Prior to issuance of the certificate of occupancy, the applicant must submit three copies of the as-built soil disturbance and grading plan to the Township official designated by the Township Administrator. This plan must show as-built final grading around the proposed structure and final location survey of the structure and any related driveway, sidewalk, deck or patio improvements that may have been installed. Topsoil, seed and mulch must be spread on the finished grade, and signs of vegetative growth must be present on 80% of the disturbed areas and permanent final plant cover must be present in grassed swales and slopes in excess of 5% prior to issuance of a certificate of occupancy.
G. 
Following Township Engineer inspection of the site conditions versus the approved grading permit, the Township Engineer will either recommend certificate of occupancy release or not recommend certificate of occupancy release. The applicant will be notified of the Township Engineer decision via a certificate of occupancy inspection form within three business days of the inspection request made directly to the Township Engineer by the applicant. An example is attached.[3]
[3]
Editor's Note: The example of the certificate of occupancy inspection form is on file in the Clerk's office.
H. 
Following complete vegetation of the disturbed area, the Township Engineer will recommend the release of the performance guarantee. The area of disturbance must have permanent final plant cover for the performance guarantee to be released. An example of the performance bond inspection form is attached.[4]
[4]
Editor's Note: The example of the performance bond is on file in the Clerk's office.
A. 
The soil disturbance and grading plan or any major amendment shall be reviewed and approved by the Township Engineer on behalf of the Township in the manner and form according to the regulations hereafter set forth. In the case of site plans, such review and approval shall be part of the site plan review process. In all other instances, review and approval or denial shall be made within 10 days of submission of a complete application.
B. 
The applicant shall be provided with a written notice of such decision by the Township Engineer. A copy of the decision, including the name of the applicant, site location by street address and block and lot number and the proposed land use, shall be distributed by the Township official designated by the Township Administrator to the Hunterdon County Soil Conservation District, where applicable, the Construction Department, and the applicant. The Township, in approving the soil disturbance and grading plan, may impose lawful conditions or requirements designated or specified on or in connection therewith. These conditions and requirements shall be provided and maintained as a condition to the establishment, maintenance, and continuance of any use or occupancy of any structure or land.
In the preparation of a soil disturbance and grading plan, the following general principles of design shall be adhered to:
A. 
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.
B. 
Temporary plant cover and/or mulching shall be used to protect critical erosion areas during construction or other disturbance.
C. 
Temporary diversions and outlets shall be constructed and/or installed to accommodate the increased runoff caused by the changed soil and surface conditions during development.
D. 
Sediment shall be retained on the site to the maximum extent feasible.
E. 
Permanent final plant cover (lawn, ground cover, etc.) shall be installed as quickly as possible on any site but must be installed within 90 days.
F. 
Permanent final plant cover must be established in grassed swales and on slopes in excess of 5% prior to issuance of a certificate of occupancy unless weather conditions commonly encountered during winter months (December to March) prohibit vegetative growth. All other areas must have signs of vegetative growth from planted grass seeds on 80% of the disturbed areas prior to issuance of a certificate of occupancy, unless weather conditions identified above exist.
G. 
The finished grade around mature trees, which are to remain, should be the same as the existing grade. Tree wells or other means may be necessary to assure the health of existing mature trees upon completion of grading activities.
H. 
Permanent final plant cover must be fully established throughout the entire area of disturbance and grading must be per the approved plan prior to the release of any performance guarantees.
I. 
The plan shall coordinate with the stormwater management plan approved by the Planning Board, if part of a major subdivision. Inlets and drainage patterns of the major subdivision must be considered in the preparation of the soil disturbance and grading plan.
J. 
All soil disturbance and grading plans must contain individual stormwater detention unless otherwise noted in the resolution of approval for the subdivision. The individual stormwater management system must be able to contain the increased surface water associated with development of the vacant lot for a two-year storm. The construction details of the system must be defined on the plan. The Township Engineer must be notified of the installation of the system in order to schedule an inspection.
K. 
The disturbed area shall have four inches of topsoil spread to finished grade according to the approved soil disturbance and grading plan. The seed mixture shall be incorporated into the top 1/4 inch to 1/2 inch of the topsoil at a rate of 200 pounds per acre. Outside the optional seeding periods of March 1 to May 15 and August 15 to October 1, the rate of seeding shall be increased by 50%. Seedings shall receive an application of fertilizer such as 10-10-10 or equivalent approximately six months after the first application. Straw or hay mulch shall be spread uniformly at a rate of 2 to 2 1/2 tons per acre when vegetative cover can not be established due to the season or other conditions. Jute matting shall be installed in critical drainage swales.
L. 
Minimum of 2% slope shall be provided for all overland areas and swales.
M. 
No slopes greater than 3:1 shall be created by the proposed land disturbance.
N. 
All conditions of the Driveway Ordinance[1] shall be complied with.
[1]
Editor's Note: See Ch. 112, Driveways.
O. 
A minimum rear yard area must be provided extending 25 feet from the rear of the building for the entire width of the building. The slope must be at least 2% and no greater than 5%.
P. 
The individual stormwater management systems must be at least 20 feet from the building foundation and 100 feet from any septic system.
Q. 
Landscape retaining walls may be proposed in accordance with the Design Standards and must meet the zoning requirements of an accessory structure.
A. 
The detailed plans, specifications and standards in any soil disturbance and grading 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, as promulgated by the State Soil Conservation Committee.
A. 
Inspection shall be by the Township Engineer during construction, and the applicant shall be required to have a certified plan on site during construction. The applicant shall allow for at least three business days from request for inspection for the performance of the inspection and the issuance of any approval or denial.
B. 
The Township may issue a stop-construction order if a project is not being executed in compliance with the certified plan.
C. 
No certificate of occupancy shall be issued unless there has been compliance with the provisions of approved soil disturbance and grading plan and grading permit. A formal report of such compliance shall be filed with the Construction Official, with a copy to the Hunterdon County Soil Conservation District. An example of the certificate of occupancy inspection is attached to this section.
A. 
Soil erosion and sediment control measures must be installed prior to site disturbance.
B. 
Construction must begin within six months of any approval or the approval is null and void, and a new application must be submitted for review and approval.
A. 
The applicant shall pay a review escrow at the time of submission of the soil disturbance and grading plan based on the estimated cost to the Township to have its professional staff review the proposed project. The review escrow of $500 shall be posted for the review and approval of the soil disturbance and grading plan, and the foundation plan/location survey, for all except swimming pools, septic system modifications and driveway modifications.
B. 
The inspection escrow of $1,500 shall be submitted to the Township prior to the approval of the soil disturbance and grading plan based on the estimated cost to the Township to have its professional staff inspect the proposed project. The inspection escrow shall be for the performance of site inspections and review of the as-built soil disturbance and grading plan to confirm site conditions are in accordance with the approved plans, for all except swimming pools, septic system modifications and driveway modifications.
C. 
The review escrow for swimming pools, septic system modifications and driveway modifications shall be $200 for review and approval of the soil disturbance and grading plan outside of the critical geologic formation areas and $500 within the critical geologic formation areas. The inspection escrow shall be $500 for the performance of site inspections outside of the critical geologic formation areas and $1,000 for the performance of site inspections and other work required within the critical geologic formation areas. Submission of foundation plan/location survey and as-built soil disturbance and grading plans are not required for pools or septic modifications or driveway modifications, except as required in critical geologic formation areas.
[Amended 7-8-2009 by Ord. No. 988-09]
D. 
The applicant may be required to supplement the review and/or inspection escrow based on additional reviews or inspections not anticipated under normal circumstances.
E. 
Prior to the issuance of the certificate of occupancy, sufficient funds must be available.
F. 
Upon request, all unused escrow will be returned following completion and billing of all professional services.
A. 
A performance guarantee shall be posted by the applicant for the performance and completion of the grading and permanent vegetation cover per the approved soil disturbance and grading plan. The Township may provide for the posting of an additional performance bond to address uncompleted work defined in the approved plan prior to issuance of the certificate of occupancy when frozen ground prevents spreading of topsoil or winter months prevent growth or vegetative cover. All work covered under the above bonds must be completed by May 1.
B. 
All necessary soil erosion and sediment control measures installed under this article shall be adequately maintained for a minimum of one year after initiation of site disturbance or until such measures are permanently stabilized as determined by the Township Engineer. The Township Engineer shall give the applicant, upon request, a certificate indicating the date on which the measures called for in the approved plan were completed.
The Township may refer review/approval of the soil disturbance and grading plan for soil erosion and sedimentation control measures to the Hunterdon County Soil Conservation District or such other local, county, state, or federal agency as may be particularly qualified to review the plan.
A. 
If any person violates the provisions of this article, any standards promulgated pursuant to the previsions of this article, or fails to comply with the provisions of the certified plan, the Township may institute a civil action in Superior Court for injunctive relief to prohibit and prevent such violation or violations, and the Court may proceed in a summary manner. The person will be liable to a penalty of not less than $25 and not 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, County Court, County District Court and Municipal Court shall have jurisdiction to enforce such Penalty Enforcement Law.
B. 
If the violation is of a continuing nature, each day during which it continues shall constitute and additional separate and distinct offense.