[HISTORY: Adopted by the Mayor and Council of the Borough of Middlesex 5-23-1978 by Ord. No. 794. Amendments noted where applicable.]
GENERAL REFERENCES
Land development — See Ch. 248.
Stormwater control — See Ch. 355.
Zoning — See Ch. 420.
The purpose of this chapter is to control and regulate soil removal, erosion and sedimentation in the Borough of Middlesex by requiring adequate provisions for the retention of topsoil and subsoil whenever necessary, to prevent erosion and sedimentation, exposed soil surfaces and such other harmful and objectionable conditions as are detrimental to the safety, health and general welfare of the citizens of the Borough of Middlesex.
The following definitions shall apply to the interpretations and enforcement of this chapter, unless otherwise specifically stated:
APPLICANT
A person, partnership, corporation or public agency requesting permission to engage in soil removal or land disturbance activity.
APPLICATION FOR DEVELOPMENT
A proposed subdivision of land, site plan, conditional use, zoning variance, construction permit or planned development permit.
CERTIFICATION
A written endorsement of a plan for soil erosion and sediment control by the Freehold Soil Conservation District which indicates that the plan meets the standards promulgated by this chapter and P.L. 1975, c. 251.[1]
[Amended 10-14-2008 by Ord. No. 1740]
CRITICAL AREA
A sediment-producing land area or highly erodible or severely eroded land area.
DISTURB
To dig, dredge, excavate, remove, deposit, grade, clear, level, fill or alter or change the location or contour of land or otherwise cause land to be exposed to the dangers of erosion.
EROSION
Detachment and movement of soil or rock fragments by water, wind, ice or gravity.
EXCAVATION or CUT
Any act by which soil or rock is cut into, dug, quarried, uncovered, removed, displaced or relocated.
LAND
Any ground, soil or earth, including marshes, swamps, drainageways and areas not permanently covered by water, within the municipality.
MAN-MADE STRUCTURE
Any artificial improvements to land, including but not limited to buildings of any type, parking lots, driveways and sidewalks, fences, storm culverts, swimming pools, tennis courts, towers, telephone or utility poles, roads and paths of any type.
MULCHING
The application of plant residue or other suitable organic 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 regulated under this chapter.
PERSON
Any individual, corporation, association, partnership, joint venture or organization, as well as any federal, state, county or municipal government or body, authority or board and any department, agency or subdivision thereof or any combination of the above.
REMOVE
To physically transfer soil from any location on a site to any other location not on the same site, regardless of whether the sites are contiguous or of common ownership.
SEDIMENT
Solid material, both mineral and organic, that is in suspension, is being transported or has been moved from its site of origin by water, wind, ice or gravity as a product of erosion.
SEDIMENT BASIN
A barrier or drain built at suitable locations to retain rock, sand, gravel, silt or other sedimentary material.
SITE
Any plot, parcel or parcels of land, including, by way of illustration, the smallest of lots as shown on the tax maps of the Borough of Middlesex, a subdivided lot as approved by the Planning Board or an individual tract as set forth in the deed conveying title to the owner.
SOIL
All unconsolidated mineral and organic material, such as earth, sand, clay, loam, gravel, humus, sludge, rock or dirt of any origin.
SOIL EROSION AND SEDIMENT CONTROL PLAN
A detailed plan in accordance with § 347-4 hereof indicating necessary land treatment measures, including a schedule of the timing of their implementation that will effectively minimize soil erosion and sedimentation. Such measures shall meet or exceed the standards.
STANDARDS
Standards for Soil Erosion and Sediment Control in New Jersey as promulgated by the State Soil Conservation Committee.
STRIPPING
Any activity which disturbs vegetation or otherwise stabilized soil surfaces, including clearing and grubbing operations.
[1]
Editor's Note: N.J.S.A. 4:24-39 et seq.
A. 
No land area shall be disturbed by any person, partnership, corporation or public agency nor shall any permit be issued unless the applicant has first obtained a permit or a waiver in accordance with the provisions of this chapter.
B. 
No person, partnership, corporation or public agency shall excavate or otherwise remove soil in excess of 10 cubic yards for any use other than on the premises from which the soil shall be taken, without first obtaining a permit in accordance with the provisions of this chapter.
C. 
No person, partnership, corporation or public agency shall import any soil into the Borough without first obtaining a permit for same. The permit fee for said import shall be determined by the Freehold Soil Conservation District. A soil certification must accompany the permit for import of said soil.
[Added 3-22-2005 by Ord. No. 1637; amended 10-14-2008 by Ord. No. 1740]
A. 
Soil erosion and sediment control. The applicant must submit a separate soil erosion and sediment control plan for each noncontiguous site where land disturbance will take place. Such plans shall contain:
(1) 
The location and description of natural and man-made features on and around the site, including topography and soil characteristics.
(2) 
The location and description of any proposed changes to the site.
(3) 
Measures for soil erosion and sediment control which must meet standards.
(4) 
A schedule of the sequence of installation of planned soil erosion and sediment control measures as related to the progress of the project being undertaken.
(5) 
Any information as may be reasonably required by the Freehold Soil Conservation District in order to adequately evaluate the application.
[Amended 10-14-2008 by Ord. No. 1740]
B. 
Soil removal. The applicant must submit a description and plan, if required, for removing soil from any site within the Borough of Middlesex. The following information shall be provided:
(1) 
The location and existence of natural and man-made features, including existing and proposed topography, if required.
(2) 
The quantity and method of removing soil from the site.
(3) 
The destination and route of delivery of soil to be removed.
(4) 
The proposed date of commencement.
(5) 
Any other information as may be reasonably required by the Freehold Soil Conservation District in order to adequately evaluate the request for soil removal.
[Amended 10-14-2008 by Ord. No. 1740]
[Amended 10-14-2008 by Ord. No. 1740]
The applicant shall make all applications to the Freehold Soil Conservation District, which shall have complete jurisdiction of the application, and the application can be obtained from the Freehold Soil Conservation District. The applicant shall consult with the Freehold Soil Conservation District in order to obtain the permit and in order to determine what procedures must be followed in order to obtain the issuance of that permit.
A. 
Soil erosion and sediment control.
(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 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) 
Either 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 to the maximum extent feasible.
(8) 
Diversions, sediment basins and similar required structures shall be installed prior to any on-site grading or disturbance.
(9) 
Any other recommendations of the Freehold Soil Conservation District shall be followed by the applicant.
[Added 10-14-2008 by Ord. No. 1740]
B. 
Soil removal.
(1) 
Soil erosion and sediment control practices will be required in conjunction with the removal of any soil.
(2) 
Sufficient topsoil shall be retained on site and shall be respread and seeded after completion of the soil removal.
(3) 
The applicant shall be required to follow the route prescribed by the Construction Official and shall be responsible for keeping the streets free from dirt resulting from soil removal work.
(4) 
Generally, topsoil shall not be permitted to be removed from the Borough.
A. 
Soil erosion and sediment control. It shall be the duty of the person, persons or legal entity from time to time owning or controlling the land which has been disturbed in accordance with an approved soil erosion and sediment control plan to adequately maintain the same according to the grades approved by said plan and to maintain all of the measures, devices and plantings provided for in said plan in effective condition.
B. 
Soil removal. It shall be the duty of the applicant to provide such maintenance as is required by the conditions of the permit issued. All public roadways utilized in the transportation of soil shall be kept free of dirt and other spillage which may result from the soil removal operation.
[Amended 10-14-2008 by Ord. No. 1740]
A. 
The applicant shall have an approved copy of the soil erosion and sediment control plan at the construction site at all times. The requirements of this chapter shall be enforced by representatives from the Freehold Soil Conservation District. Representatives from the Freehold Soil Conservation District shall inspect the site in order to confirm compliance at such times as may be deemed necessary. If the Freehold Soil Conservation District officials find existing conditions not in accordance with the permit issued, the District may refuse to approve future work and may require immediate remedy by the applicant. Under such conditions, the Construction Official is also empowered to place a stop-work notice and to seek other penalties as provided for in this chapter in the bylaws of the State of New Jersey.
B. 
No certificate of occupancy for a project shall be issued by the Construction Official unless there has been compliance with a certified permit and plan as issued under the provisions of this chapter.
[Amended 3-10-1992 by Ord. No. 1236; 3-22-2005 by Ord. No. 1637; 10-14-2008 by Ord. No. 1740]
Upon each application for a permit, the applicant shall pay to the Freehold Soil Conservation District a fee as prescribed by their rules and regulations.
A. 
Residential.
Number
of Buildings
Review and
Certification
Inspection and
Enforcement
(fee per building)
Single
$180
$150
2 to 3
$390
$130
4 to 10
$920
$130
11 to 25
$1,600
$130
26 to 50
$2,100
$130
51 to 100
$4,000
$130
101+
$5,000
$130
B. 
Multiunit residential.
Number
of Buildings
Review and
Certification
Inspection and
Enforcement
(fee per Building)
1 to 3
$390
$225
4 to 10
$920
$225
11 to 25
$1,600
$225
26 to 50
$2,100
$225
51 to 100
$4,000
$225
101+
$5,000
$225
C. 
Commercial.
(1) 
Industrial, commercial, demolition, parking lots, public facilities, cleaning and grading, apartments, utilities, roadways.
Area
Review and
Certification
Inspection and
Enforcement Fee
1 square feet to 4,999 square feet
$200
$150
5,000 square feet to 5 acres
$260
$150
0.51 acres to 1 acre
$300
$150
1.01 acre to 10 acres
$785
$150
11 acres to 25 acres
$1,735
$150
26 acres to 50 acres
$2,500
$150
51 acres to 100 acres
$4,000
$150
101 acres or more
$5,400
$150
(2) 
Mining, quarrying, landfill, storage, initial application fee.
Area
Review and
Certification
Inspection and
Enforcement Fee
Total
1.01 acre to 10 acres
$335
$450
$785
11 acres to 25 acres
$335
$450
$785
26 acres to 50 acres
$375
$450
$825
51 acres to 100 acres
$675
$750
$1,425
101 acres or more
$700
$900
$1,600
(3) 
Biannual review fee.
Area
Fee
1 square feet to 25 acres
$600
26 acres to 50 acres
$750
51 acres to 100 acres
$900
101 acres or more
$1,050
NOTE: For projects greater than one acre, partial acres are to be rounded to the nearest whole acre.
A. 
Any person convicted of violating any of the provisions of this chapter shall be liable for the payment of a fine 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:58-1 et seq.).[1] The Superior Court, County Court, County District Court or 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: See now N.J.S.A. 2A:58-10 et seq.
B. 
The building permit of any person who, after notice of a violation hereunder, fails to correct a violation shall be subject to revocation by the Construction Official.
C. 
Nothing in this section shall be construed to prevent the Borough of Middlesex from seeking injunctive relief to enforce the provisions of this chapter.
D. 
Remedy. If any person violates any of the provisions of this chapter or any standards promulgated pursuant to 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. The Borough may proceed either by injunctive relief or by invoking the penalty provisions of this chapter.
[1]
Editor's Note: Former § 347-11, Appeals, was repealed 10-14-2008 by Ord. No. 1740.
The following activities are specifically exempt from this chapter:
A. 
Land disturbance associated with existing single-family dwellings.
B. 
Use of land for gardening primarily for home consumption.
C. 
Agricultural use of land when such use will not cause excessive erosion and sedimentation.
D. 
Land disturbance of less than 5,000 square feet.
E. 
Soil removal of less than 10 cubic yards; provided, however, that land disturbance is less than 5,000 square feet.