Township of Lumberton, NJ
Burlington County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee of the Township of Lumberton 12-17-1973 by Ord. No. 1973-19 as part of Ch. XVI of the 1973 Code, amended in its entirety 11-2-1987 by Ord. No. 1987-21; Art. II, 12-17-1973 by Ord. No. 1973-19 as part of Ch. XVI of the 1973 Code. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Development regulations — See Ch. 130.
Flood damage prevention — See Ch. 157.
[Adopted 12-17-1973 by Ord. No. 1973-19 as part of Ch. XVI of the 1973 Code; amended in its entirety 11-2-1987 by Ord. No. 1987-21]

§ 246-1 Findings.

The Township Committee finds that:
A. 
The unregulated and uncontrolled relocation, filling, excavation and removal of soil on a large scale has resulted in conditions detrimental to the public safety, health and general welfare, substantially hampering and deterring the efforts of the township to effectuate the general purpose of municipal planning.
B. 
Continuation of the unregulated and uncontrolled relocation, filling, excavation and removal of soil would result in serious and irreparable damage to the public welfare by reason of consequent soil erosion by water and wind, inadequate and improper surface water drainage, the decrease in or destruction of the fertility of soil, the removal of lateral support of abutting streets, lands and premises, the creation of dangerous depressions or pits, the deterioration of property values, the rendering of land unfit or unsuitable to its most appropriate uses and the creation of other factors and elements hampering and deterring the coordinated, adjusted and harmonious physical development of the Township of Lumberton.

§ 246-2 Definitions.

As used in this Article, the following terms shall have the meanings indicated:
SOIL
Includes those portions or components of the earth's surface commonly known as "soil," "topsoil," "dirt," "clay," "marl" or "earth," whether fertile or infertile, sand or gravel, or any combinations of them with each other or with any other common components of the earth's surface, such as rocks, stones, pebbles or other decomposed vegetative or animal matters or mineral components of the earth's surface.

§ 246-3 Standards.

[Amended 8-1-1994 by Ord. No. 1994-15]
A. 
Soil protection. No soil shall be removed from any site. Topsoil moved during the course of construction shall be redistributed over the disturbed areas of the development and shall be stabilized by seeding or planting or another method shown on the approved plan. Subsoil shall be retained on the site and incorporated into the overall regrading and drainage plan. No grading construction or regrading shall be permitted which creates or aggravates water stagnation or adversely impacts drainage areas shown on the approved plan. Excess soil may only be removed from the site or relocated outside the township upon the Township Engineer's recommendation and with the approval of the Township Committee.

§ 246-4 Application for permission; approval.

A. 
The Township Committee shall not consider any application for the removal of soil from the premises for sale or otherwise unless and until the owner of the premises or the person having charge thereof shall first file with the Township Clerk/Administrator an application requesting such permission on the appropriate form to be obtained from the Township Clerk/Administrator, together with a map of the premises and the payment of the appropriate application fee as set forth in the preceding section. The map shall be clearly and legibly drawn or reproduced at a scale of not less than one inch equals 100 feet. It shall be designed and drawn by a licensed New Jersey surveyor. The map shall show or be accompanied by the following information:
(1) 
A key map showing the entire premises and its relation to surrounding areas.
(2) 
The Tax Map sheet, block and lot number, date, graphic scale, reference meridian and the following names and addresses:
(a) 
The name and address of the record owner or owners.
(b) 
The name and address of the person other than the owner who shall be in charge of soil removal.
(c) 
The name and address of the person who prepared the map.
(3) 
The acreage of premises to the nearest tenth of an acre.
(4) 
Existing contours at five-foot intervals for slopes averaging 10% or greater and at two-foot intervals for land of lesser slope, and the proposed contours resulting from the intended removal of soil in the same scale.
(5) 
The location of existing streets, buildings, watercourses, railroads, bridges, culverts, drain pipes and any other natural features, such as wooded areas and rock formations, on the premises and within 200 feet thereof.
(6) 
The groundwater elevation as determined by test borings and an evaluation of the elevation of the seasonal high-water table. Borings shall be located over the site of the proposed soil removal in accordance with the following schedule:
Area of Site
(acres)
Number of Borings*
Less than 2
2
2 to 3
3
3 to 5
5
5 to 10
8
10 to 40
10
Over 40
16
*NOTE: Borings shall extend at least six feet below the proposed depth of soil removal.
(7) 
Soil types as shown in the Burlington County Soil Survey.
(8) 
Calculations showing the determination of the volume of soil to be removed.
(9) 
Two benchmarks on the premises at locations that will not be disturbed by the proposed soil removal, based on datum of the contours.
B. 
No permission for soil removal shall be granted unless the Township Committee, after considering and reviewing the application and accompanying map, is satisfied that the proposed soil removal will not be detrimental to the public health, safety and general welfare of the township inhabitants. In arriving at its decision, it shall be guided and take into consideration the following factors:
(1) 
Soil erosion by wind and water.
(2) 
Drainage.
(3) 
Soil fertility.
(4) 
Lateral support slopes and grades of abutting streets and lands.
(5) 
Land values and uses.
(6) 
Such other factors as may bear upon or relate to the coordinated, adjusted and harmonious physical development of the township.[1]
[1]
Editor's Note: Former Subsection C, regarding public health, safety and welfare, was repealed 8-1-1994 by Ord. No. 1994-15.

§ 246-5 Hearing; notification.

A hearing on each application shall be held before the Township Committee at a time established by the Committee. The hearing shall be held within 30 days of the date the application is filed, which time may or may not be a regularly scheduled meeting of the Township Committee. The Township Clerk/Administrator shall notify the applicant, by letter addressed to the address listed on the application form, of the time and place set for the hearing. The applicant, upon receipt of such notice, shall give 10 days' written notice of the hearing to the property owners within 200 feet of the premises involved of the time, place and purpose of such hearing and of their right to attend and be heard. Such notice of hearing shall be in accordance with the procedure established in the New Jersey Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., or any amendments or supplements thereto. Proof that such notice was given to those property owners shall be submitted by the applicant to the Township Committee at the time of the hearing.

§ 246-6 Fees.

The following application fees shall be collected by the Township Clerk/Administrator when an application for permission to remove soil is presented:
A. 
Two dollars and fifty cents per 100 cubic yards to be removed, with a minimum fee of $100.
[Amended 8-1-1994 by Ord. No. 1994-15[1]
[1]
Editor's Note: This ordinance also repealed Subsections B and C, regarding fees for removing soil over 5,000 cubic yards and 100,000 cubic yards, respectively.

§ 246-7 Performance guaranty; escrow fund.

A. 
Before any permit or permission for soil removal shall be granted or issued, the owner or applicant shall file with the Township Committee a performance guaranty in a form and with surety acceptable to the township, in such amount as, in the opinion of the Township Committee, shall be sufficient to insure the faithful performance of the work to be undertaken pursuant to the permission granted by the Township Committee in accordance with the provisions of this Article.
B. 
The owner or applicant shall also establish an escrow fund in the amount of 6% of the guaranty amount. Said fund shall be used to pay the fees of any professional personnel employed to process, review, inspect and make recommendations with regard to the application. If at any time the escrow fund shall be deemed insufficient by the Township Committee to cover actual or anticipated expenses, said fund shall be subject to increase on demand. Any excess funds in the escrow account at the time of final acceptance will be returned to the owner or applicant upon his request, in writing.
C. 
If the soil removal is in relation to a development plan that has received final approval by the approving body, the escrow can be included in an escrow fund established pursuant to Chapter 130, Development Regulations, of this Code.

§ 246-8 Removal standards.

A. 
If permission to remove the soil is granted, the owner or person in charge shall so conduct the operations that there shall be no sharp declivities, pits or depressions and in such a manner that the area shall be properly leveled off, cleared of debris and graded to conform to the contour lines and grades as approved by the Township Committee.
B. 
The soil removal shall be subject to inspection by the Township Engineer, who shall be notified by the owner or applicant at least 24 hours prior to the start or resumption of work. The Township Engineer shall make periodic inspections of the site. The minimum number of inspections and the maximum time between inspections shall be determined for each individual application, based on the volume to be removed and the rate of removal.[1]
[1]
Editor's Note: Former Subsection C, regarding removal of top layers of soil, was repealed 8-1-1994 by Ord. No. 1994-15.

§ 246-9 Compliance required.

No excavation shall be made and no soil shall be removed under the provisions of this Article unless all required permits therefor shall have first been obtained as provided for herein, and no excavation shall be made and no soil shall be removed except in conformity with the terms and conditions of permits thus issued and in overall conformity with the provisions of this Article and any other applicable chapters and sections of this Code.

§ 246-10 Disposition of soil.

Prior to removing soil as provided for in this Article, the applicant shall first attempt to dispose of the removed soil within this township, whether by sale or exchange, it being the governing body's intent to ensure that needs for soil by other property owners within the township are met as far as practicable by persons seeking to remove soil from any land otherwise situate in this township.

§ 246-11 Enforcement; violations and penalties.

[Amended 8-3-1992 by Ord. No. 1992-6]
A. 
It shall be the duty of the Township Police Department to enforce all provisions of this Article.
[Amended 12-21-1992 by Ord. No. 1992-15]
B. 
Maximum penalty. For violation of any provisions of this Article, the maximum penalty, upon conviction, shall be a fine not exceeding $1,000 or imprisonment in the county jail for a term not exceeding 90 days or a period of community service not exceeding 90 days, or such combination of punishments as the Municipal Judge may, in his or her discretion, deem appropriate and just.
C. 
Separate violations. Each and every load of soil removed in violation of this Article shall constitute a separate violation. Each and every day in which a violation of any provision of this Article exists shall also constitute a separate violation.
[Amended 12-21-1992 by Ord. No. 1992-15]
D. 
Application. The maximum penalty stated in this section is not intended to state an appropriate penalty for each and every violation. Any lesser penalty, including a nominal penalty or no penalty at all, may be appropriate for a particular case or violation, except in those instances where state law mandates a minimum penalty to be imposed.
E. 
Minimum penalty. There shall be a minimum penalty of a fine fixed at an amount not exceeding $100.
[Adopted 12-17-1973 by Ord. No. 1973-19 as part of Ch. XVI of the 1973 Code]

§ 246-12 Purpose.

The purpose of this Article 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 surfaces during and after construction in order to promote the safety, public health, convenience and general welfare of the township.

§ 246-13 Definitions.

As used in this Article, the following terms shall have the meanings indicated:
CERTIFICATION
A signed written statement by the designated official that specific constructions, inspections or tests, where required, have been performed and that such comply with the applicable requirements of this Article or regulations adopted.
CUT or EXCAVATIONS
The result of any act by which soil or rock is cut into, excavated, dug, quarried, uncovered, removed, displaced or relocated.
DEVELOPER
Any person or other legal entity commencing proceeding under this Article to effect a subdivision of land or development of a site hereunder for himself or another.
DIVERSION
A channel with or without a supporting ride on the lower side constructed across or at the bottom of a slope.
EMBANKMENT OF FILL
A man-made deposit of soil, rock or other materials.
EROSION
The wearing away of the land surface by the action of wind, water, ice or gravity.
EXCAVATION
The result of any act by which soil or rock is cut into, excavated. dug, quarried, uncovered, removed, displaced or relocated.
EXISTING GRADE
The vertical location of the existing ground surface prior to cutting or filling.
FILL
A man-made deposit of soil, rock or other materials.
FINISHED GRADE
The final grade or elevation of the ground surface conforming to the proposed design.
GRADING
Any stripping, cutting, filling or stockpiling, or any combination thereof and 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.
LAND DEVELOPMENT PLAN
Any and all earth work not included as part of the site plan or subdivision plan.
MAINTENANCE GUARANTY
Any security which may be accepted by the Land Development Board or other approving body after the final acceptance of improvements installed by the developer, including maintenance bonds and other similar collateral or surety agreements.
[Amended 1-20-2004 by Ord. No. 2004-1]
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.
PERFORMANCE GUARANTY
Any security which may be in lieu of a requirement that certain improvements be made before the Land Development Board approves a plate including performance bonds, escrow agreements and other similar collateral or surety agreements.
[Amended 1-20-2004 by Ord. No. 2004-1]
PERMANENT STREAM
A stream normally having continuous water flow in any quantity throughout the year.
REGULATED GRADING
Any grading performed with the approval of the Township Engineer and in accordance with criteria established by this Article.
SEDIMENT
Solid material, both mineral and organic, that is in suspension, is being transported or has been moved from its site or origin by air, water, ice or gravity as a product of erosion.
SEDIMENT BASIN
A carrier or dam built across a waterway or at other suitable locations to retain rock, sand, gravel or silt or other material.
SEDIMENT POOL
The reservoir space allotted to the accumulation of submerged sediment during the life of the structure.
SITE
Any plot or parcel of land or combination of contiguous lots or parcels of land where grading is performed or permitted.
SLOPE
Degree of deviation of a surface from the horizontal, usually expressed in percent or degree.
SOIL
All unconsolidated mineral and organic material of whatever origin that overlies bedrock which can be readily excavated.
SOIL EROSION AND SEDIMENT CONTROL PLAN
The map indicating the proposed scheduling and construction details for soil erosion and sediment control and meeting the requirements of §§ 246-17 through 246-20.
STRIPPING
Any activity which removes or significantly disturbs the vegetative surface cover, including clearing and grubbing operations.
TEMPORARY PROTECTION
Stabilization of erosive sediment-producing areas.
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.
C. 
Sodding, producing areas covered with a turf of perennial sodforming grass.
WATERCOURSE
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 including any area adjacent thereto subject to inundation by reason of overflow or floodwater.

§ 246-14 Plans required.

[Amended 1-20-2004 by Ord. No. 2004-1]
A. 
Except for single-family dwellings which are not part of a major subdivision; land used for gardening, primarily for home consumption; outbuildings on lots of three acres or more; and agricultural use of land when operated in accordance with a conservation plan approved by the local soil conservation district or when it is determined by the local soil conservation district that such agricultural pursuits will not cause excessive erosion and sedimentation no site 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 developer until such time as a plan for erosion and sediment control has been processed with and approved by the Township Land Development Board or there has been a determination by the Board that such plans are not necessary.
B. 
No subdivision, site plan or land development plan shall be approved unless:
(1) 
There has been a plan approved by the Township Land Development Board that provides for erosion and sediment control consistent with this article and an improvement bond (or other acceptable securities) has been deposited with the Township in one form of an escrow guaranty which will ensure installation and completion of the required improvements in accordance with township specifications; or
(2) 
There has been a determination by the Township Land Development Board that an erosion and sediment control plan is not necessary.

§ 246-15 Site plans.

A. 
Information required. As part of the site plan review procedure or for any land development plan, a site 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 earthwork in cubic yards and any other information so desired by the Site Plan Review Board or the Land Development Board. The Boards shall review the submitted site plan and determine whether or not a soil erosion and sediment control plan is necessary in order to promote the safety, public health, convenience and general welfare of the township.
[Amended 1-20-2004 by Ord. No. 2004-1]
B. 
Submission of control plan. If the Land Development Board determines that a soil erosion and sediment control plan is required, it shall be submitted in accordance with the provisions of §§ 246-17 through 246-20 and approved by the Township Engineer prior to site plan approval.
[Amended 1-20-2004 by Ord. No. 2004-1]
C. 
Performance guaranty required.
[Amended 1-20-2004 by Ord. No. 2004-1]
(1) 
Prior to the issuance of a building permit, the developer shall have filed with the Township a performance guaranty 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 and as estimated by the Township Engineer to assure the installation of such uncompleted soil erosion and sediment control measures on or before an agreed date. The performance guaranty may be in the form of a performance bond which shall be issued by a bonding or surety company approved by the Land Development Board; a certified check, returnable to the developer after full compliance; or any other type of surety approved by the Township Attorney.
(2) 
The performance guaranty shall be approved by the Township Attorney as to form, sufficiency and execution. The performance guaranty shall run for a period to be fixed by the Land Development Board, but in no case for a term of more than two years.
D. 
Inspections. Prior to and during construction, the soil erosion and sediment control measures shall be subject to inspection and approval by the Building Inspector or 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.
E. 
Approval of control measures.
(1) 
When all the necessary and appropriate soil erosion and sediment control measures have been completed, the developer shall notify the Land Development Board, in writing, by certified or registered mail, of the completion of the soil erosion and sediment control measures and shall send a copy thereof to the Building Inspector or Township Engineer. The Land Development Board shall direct and authorize the Building Inspector or Engineer to inspect all of the soil erosion and sediment control measures. The Building Inspector or Engineer shall thereupon file a report, in writing, with the Land Development Board.
[Amended 1-20-2004 by Ord. No. 2004-1]
(2) 
The report shall be detailed and shall indicate either approval. partial approval or rejection. If the soil erosion and sediment control measures or any portion thereof shall not be approved or shall be rejected by the Building Inspector or Engineer, the report shall contain a statement of reasons for such nonapproval or rejection. Where the report indicates partial approval of soil erosion and sediment control measures. it shall indicate the cost of the soil erosion and sediment control measures for which approval is rejected or withheld.
(3) 
Where partial approval is granted, the developer may be released from all liability pursuant to his performance guaranty bond except for the portion adequately sufficient to secure the soil erosion and sediment control measures not yet approved. No approval for occupancy of any building will be granted unless all needed soil erosion control measures have been completed or substantially provided for in accordance with this article. The developer shall bear the final responsibility for the installation and construction of all required soil erosion and sediment control measures according to the provisions of this article.
F. 
Maintenance guaranty required. The Township may also 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 of the permanent installation.
G. 
Removal of sedimentation. Whenever sedimentation is caused by stripping 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 expense as quickly as possible.
H. 
Maintenance of watercourses.
(1) 
Maintenance of all drainage facilities and watercourses within the development is the responsibility of the developer until the final facilities are accepted by the township.
(2) 
It shall be 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.
(3) 
Maintenance of drainage facilities or watercourses including public drainageways originating and completely on private property shall be the responsibility of the landowner to their point of open discharge at the property line or at a communal watercourse within the property.

§ 246-16 Subdivisions.

A. 
Sketch plat information. As part of the subdivision review procedure, a sketch plat 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 earthwork in cubic yards and any other information so desired by the Land Development Board. The Board shall review the submitted sketch plat and determine whether or not a soil erosion and sediment control plan is necessary in order to promote the safety, public health, convenience and general welfare of the Township.
[Amended 1-20-2004 by Ord. No. 2004-1]
B. 
Submission of control plan. If the Land Development Board determines that the soil erosion and sediment control plan is required, it shall be submitted as part of the preliminary plan, in accordance with the provisions of §§ 246-17 through 246-20, and approved by the Township Engineer prior to the submission of any final section of the subdivision.
[Amended 1-20-2004 by Ord. No. 2004-1]
C. 
Performance guaranty required.
(1) 
Prior to final approval of any sections of the subdivision, the developer shall have filed with the Township a performance guaranty 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 and as estimated by the Township Engineer to assure the installation of such uncompleted soil erosion and sediment control measures on or before an agreed date. The performance guaranty may be in the form of a performance bond which shall be issued by a bonding or surety company approved by the Township Committee; a certified check, returnable to the subdivider after full compliance; or any other type of surety approved by the Township Attorney.
(2) 
The performance guaranty shall be approved by the Township Attorney as to form, sufficiency and execution. The performance guaranty shall run for a period to be fixed by the Township Committee, but in no case for a term of more than two years.
D. 
Inspections. Prior to and during construction, all 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.
E. 
Approval of control measures.
(1) 
When all of the necessary and appropriate soil erosion and sediment control measures have been completed, the developer shall notify the Township Committee, in writing, by certified or registered mail, of the completion of the soil erosion and sediment control measures and shall send a copy thereof to the Township Engineer. The Land Development Board shall direct and authorize the Engineer to inspect all of the soil erosion and sediment control measures. The Engineer shall thereupon file a report, in writing, with the Land Development Board.
[Amended 1-20-2004 by Ord. No. 2004-1]
(2) 
The report shall be detailed and shall indicate either approval, partial approval or rejection. If the soil erosion and sediment control measures or any portion thereof shall not be approved or shall be rejected by the Engineer, the report shall contain a statement of reasons for such nonapproval or rejection. Where the report indicates partial approval of the soil erosion and sediment control measures, it shall indicate the cost of the soil erosion and sediment control measures for which approval is rejected or withheld.
(3) 
Where partial approval is granted, the developer may be released from all liability pursuant to his performance guaranty bond except for that portion adequately sufficient to secure the soil erosion and sediment control measures not yet approved. No approval for occupancy of any building shall be granted unless all needed soil erosion control measures have been completed or substantially provided for in accordance with this article. The developer shall bear the final responsibility for the installation and construction of all required soil erosion and sediment control measures according to the provisions of this article.
F. 
Maintenance guaranty required. The Township may also 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 of the permanent installation.
G. 
Removal of sedimentation. Whenever sedimentation is caused by stripping 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 expense as quickly as possible.
H. 
Maintenance of watercourses.
(1) 
Maintenance of all drainage facilities and watercourses within the development shall be the responsibility of the developer until and unless the final facilities are accepted by the township.
(2) 
It shall be 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, 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.
(3) 
Maintenance of drainage facilities or watercourses including public drainageways originating and completely on private property shall be the responsibility of the owner to their point of open discharge at the property line or at a communal watercourse within the property.

§ 246-17 Plan details.

As a minimum, the soil erosion and sediment control plan shall contain:
A. 
Plans and specifications of soil erosion and sediment control measures in accordance with the Standards for Soil Erosion and Sediment Control in New Jersey.
B. 
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.

§ 246-18 Design principles of plan.

The following principles are effective in minimizing soil erosion and sedimentation and shall be included, where applicable, in the soil erosion and sediment control plan.
A. 
Stripping of vegetation, regrading or other development shall be done in such a way that will minimize soil erosion.
B. 
Whenever feasible, natural vegetation shall be retained, protected and supplemented.
C. 
The disturbed area and the duration of exposure shall be kept to a practical minimum of three months.
D. 
Temporary seedings and or mulching shall be used to protect exposed critical areas during development.
E. 
Provisions shall be made to accommodate the increased runoff caused by changed soil and surface conditions during and after development.
F. 
Sediment in the runoff water shall be trapped until the disturbed area is stabilized by the use of sediment basins or other acceptable methods.
G. 
Diversions and sediment basins shall be reconstructed prior to any on-site grading or disturbance of existing surface material.
H. 
Banks and beds of temporary and permanent watercourses shall be stabilized.

§ 246-19 Grading and drainage practices.

In order to provide more suitable sites for building and other physical features, to improve surface drainage and to control erosion, the following requirements shall be met.
A. 
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 two-percent slopes away from structures shall be required.
B. 
All drainage provisions shall be of such design so as to collect on-site runoff and to carry surface waters to the nearest practical street, storm drain or natural watercourse. Where drainage swales are used to deliver surface waters away from buildings, the swales shall be sodded or planted as required and shall be of such slope, shape and size to conform to specifications of the township.
C. 
Concentration of diffused natural water flow shall only be permitted in swales or watercourses.
D. 
No excavation shall be made with a cut face steeper in slope than 1/12 horizontal to one vertical [66%], except as approved by the Township Engineer when handled under special conditions.
E. 
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.
F. 
Adequate provisions shall be made to prevent surface water from damaging the cut face of excavations or the sloping surfaces of fills.
G. 
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.
H. 
Excavations shall not be made so close to property lines as to endanger adjoining property without supporting and protecting the face of the excavation.
I. 
No fill shall be made so as to cause settlement, sliding or erosion of the soil.
J. 
No fill shall be made or placed adjacent to the bank of a channel so as to create bank failure or sliding.

§ 246-20 Design standards for plan.

Standards and specifications for measures used in the soil erosion and sediment control plan shall as a minimum be in accordance with the Standards for Soil Erosion and Sediment Control in New Jersey, as adopted by the Burlington County Soil Conservation District. The Township Engineer shall ensure compliance with the appropriate specifications, copies of which shall be on file at the office of the Burlington County Conservation District and the municipal building of the township.

§ 246-21 Enforcement.

The requirements of this Article shall be enforced by the Township Engineer, who shall inspect or require adequate inspection of the work. If the Engineer finds any existing conditions not as stated in any application, he may refuse to approve further work.

§ 246-22 Fees.

A. 
If submitted as part of the site plan or subdivision review, no additional fees shall be charged under this article. All expenses for legal, engineering or planning work required by the Township in connection herewith shall be authorized and 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 ordinances.[1]
[1]
Editor's Note: See Ch. 130, Development Regulations.
B. 
Any and all other earthwork which is subject to this Article shall pay the fees and escrows in the manner and amount as set forth for site plan review.

§ 246-23 Reduction of performance guaranty.

[Amended 1-20-2004 by Ord. No. 2004-1]
The amount of any performance guaranties required by § 246-15 or 246-16 may be reduced by the Township Committee by resolution, upon recommendation by the Land Development Board, when partial approval of all necessary and sediment control measures has been given by the Township Engineer.

§ 246-24 Violations and penalties.

[Added 8-3-1992 by Ord. No. 1992-6]
A. 
Maximum penalty. For violation of any provisions of this article, the maximum penalty, upon conviction, shall be a fine not exceeding $1,000 or imprisonment in the county jail for a term not exceeding 90 days or a period of community service not exceeding 90 days, or such combination of punishments as the Municipal Judge may, in his or her discretion, deem appropriate and just.
B. 
Separate violations. Each and every day in which a violation of any provision of this article exists shall constitute a separate violation.
C. 
Application. The maximum penalty stated in this section is not intended to state an appropriate penalty for each and every violation. Any lesser penalty, including a nominal penalty or no penalty at all, may be appropriate for a particular case or violation, except in those instances where state law mandates a minimum penalty to be imposed.
D. 
Minimum penalty. There shall be a minimum penalty of a fine fixed at an amount not exceeding $100.