[HISTORY: Adopted by the Council of the Borough of Milford 3-7-1977 by Ord. No.
220-77. Amendments noted where applicable.]
This chapter shall be known as the "Milford Borough Municipal
Soil Erosion and Sediment Control Ordinance."
The purpose of this chapter shall be the control of soil erosion
and sediment damages and related environmental damage by requiring
adequate provisions for surface water retention and drainage and for
the protection of exposed soil surfaces in order to reduce the danger
from stormwater runoff, to retard nonpoint pollution from sediment
and to conserve and protect the land, water, air and other environmental
resources of the Borough and to promote the safety, public health,
convenience and general welfare of the community.
A.
For the purpose of this chapter, certain rules of word usage apply
to the text as follows:
(1)
Words used in the present tense include the future tense, and the
singular includes the plural, unless the context clearly indicates
the contrary.
(2)
The term "shall" is always mandatory and not discretionary; the word
"may" is permissive.
(3)
A word or term not interpreted or defined by this chapter shall be
used with a meaning of common or standard utilization.
B.
APPLICANT
CRITICAL AREA
EROSION
EROSION AND SEDIMENT CONTROL PLAN
EXCAVATION or CUT
FARM CONSERVATION PLAN
LAND
LAND DISTURBANCE
MULCHING
PERMIT
SEDIMENT
SEDIMENT BASIN
SITE
SOIL
SOIL CONSERVATION DISTRICT
STANDARDS
STATE SOIL CONSERVATION COMMITTEE
STRIPPING
The following definitions shall apply in the interpretation and enforcement
of this chapter, unless otherwise specifically stated:
A person, partnership, corporation or public agency requesting
permission to engage in land disturbance activity.
A sediment-producing highly erodible or severely eroded area.
Detachment and movement of soil or rock fragments by water,
wind, ice and gravity.
A plan which fully indicates necessary land treatment measures,
including a schedule of the timing for their installation, which will
effectively control soil erosion and sedimentation. Such measures
shall be equivalent to or exceed standards promulgated by the New
Jersey Soil Conservation Committee and administered by the Borough
Engineer.
Any act by which soil or rock is cut into, dug, quarried,
uncovered, removed, displaced or relocated.
A plan which provides for the use of land, within its capabilities
and treatment, within practical limits, according to the chosen use
to prevent further deterioration of soil and water resources.
Any ground, soil or earth, including marshes, swamps, drainageways
and areas not permanently covered by water, within the municipality.
Any activity involving clearing, excavating, storing, grading,
transporting, filling and any other activity which causes land to
be exposed to the danger of erosion.
The application of plant residue or other suitable materials
to the land surface to conserve moisture, hold soil in place and aid
in establishing plant cover.
A certificate issued to perform work under this chapter.
Solid material, both mineral and organic, that is in suspension,
is being transported or has been moved from its site of origin or
has been deposited by air, water or gravity as a product of erosion.
A barrier or dam built at suitable locations to retain rock,
sand, gravel, silt or other material.
Any plot, parcel or parcels of land.
All unconsolidated mineral and organic material of any origin.
A governmental subdivision of this state, which encompasses
this municipality, organized in accordance with the provisions of
Chapter 24 of Title 4 of the New Jersey Revised Statutes.
The Standards for Soil Erosion and Sediment Control in New
Jersey, as promulgated by the State Soil Conservation Committee.
An agency of the state established in accordance with the
provisions of Chapter 24 of Title 4 of the New Jersey Revised Statutes.
Any activity which significantly disturbs vegetated or otherwise
stabilized soil surface, including clearing and grubbing operations.
No land area shall be disturbed by any person, partnership, corporation, municipal corporation or other public agency within this municipality unless the applicant has submitted to the Borough Engineer a plan to provide for soil erosion and sediment control for such land area in accordance with the Standards for Erosion and Sediment Control promulgated by the New Jersey State Soil Conservation Committee and such plan has been approved by the Borough Engineer and a valid land disturbance permit has been issued by the Borough Engineer, except as exempted by § 162-13.
The applicant shall submit a separate soil erosion and sediment
control plan for each noncontiguous site. The plan shall be prepared
by a professional engineer licensed in the State of New Jersey and
shall conform to standards set forth in the Standards for Erosion
and Sediment Control promulgated by the New Jersey State Soil Conservation
Committee. Plan preparation by a professional engineer licensed in
the State of New Jersey may be waived by the Joint Land Use Board
upon written request submitted by the applicant. Such plan shall contain:
A.
The location and description of existing natural and man-made features
on and within 200 feet surrounding the site, including general topography
and soil characteristics and a copy of the Soil Conservation District
Soil Survey, where available.
B.
The location and description of proposed changes to the site, including
contours and spot elevations showing before and after conditions.
C.
Measures for soil erosion and sediment control, which must meet or
exceed the Standards for Soil Erosion and Sediment Control promulgated
by the State Soil Conservation Committee. The standards shall be on
file at the offices of the local Soil Conservation District and the
Borough Clerk.
D.
A schedule of the sequence of installation of planned erosion and
sediment control measures as related to the progress of the project,
including anticipated starting and completion dates.
All proposed revisions of data required shall be submitted for
approval.
A.
Soil erosion and sediment control plans shall be reviewed by the
Borough Engineer and approved by the Joint Land Use Board when in
conformance with the Standards for Erosion and Sediment Control. The
applicant shall be provided with written notice within 30 days of
submission of a complete plan, unless, by mutual agreement, in writing,
between the Joint Land Use Board and the applicant, this period is
extended for an additional 30 days. Failure of the Joint Land Use
Board to make a decision within such period or extension thereof shall
constitute certification. Notification shall state that:
B.
A copy of the Joint Land Use Board's decision, including the
name of the applicant, site location by street address and Tax Map
lot and block number and proposed land use, shall be sent to the Hunterdon
County Soil Conservation District. The municipality shall also make
available such other information as may be required by the district.
Control measures shall apply to all aspects of the proposed
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 plan:
A.
Stripping of vegetation, grading or other soil disturbance shall
be done in a manner which will minimize soil erosion.
B.
Whenever feasible, natural vegetation shall be retained and protected.
C.
The extent of the disturbed area and the duration of its exposure
shall be kept within practical limits.
D.
Either temporary seeding, mulching or other suitable stabilization
measures shall be used to protect exposed critical areas during construction
or other land disturbance.
E.
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.
F.
Water runoff shall be minimized and retained on site wherever possible
to facilitate groundwater recharge.
G.
Sediment shall be retained on site to the maximum extent feasible.
H.
Diversions, sediment basins and similar required structures shall
be installed prior to any on-site grading or disturbance.
All necessary soil erosion and sediment control measures installed
under this chapter shall be adequately maintained for one year after
completion of the approved plan or until such measures are permanently
stabilized as determined by the Borough Engineer. The Borough Engineer
shall give the applicant, upon request, a certificate indicating the
date on which the measures called for in the approved plans were completed.
Before the permit is issued, the applicant shall file with the
Borough Clerk a bond in cash. The amount of the bond shall be determined
by the Borough Engineer based upon a review and approval of an estimate
of quantities and costs prepared by the applicant or the applicant's
engineer. In no event shall it be less than $100. The bond shall be
conditioned as follows:
A.
That the applicant shall complete the work authorized by the permit,
in conformity with the terms of the permit and the provisions of this
chapter, on or before the date of completion set forth in the application.
B.
That the applicant shall repair any public street, structures or
land which may be damaged as a result of the work authorized by the
permit.
C.
That the applicant shall maintain the soil erosion control plan for
one year after completion of a permanent improvement or for the life
of a temporary improvement.
A.
Upon the filing of the erosion control plan for a major subdivision, which shall be submitted at the same time as the preliminary plat is filed, or in the event of prior preliminary plat approval, whichever is later, the subdivider shall pay the Borough a fee as prescribed in Chapter 10, Fees, of this Code. In addition, the subdivider shall deposit with the Borough Clerk, to cover the cost of legal, engineering and inspection services, an amount as prescribed in Chapter 10, Fees, of this Code for each and every lot shown on the plat.
B.
Upon the filing of the erosion control plan for a site plan, which shall be submitted at the same time the site plan is filed, the applicant shall pay the Borough a fee as prescribed in Chapter 10, Fees, of this Code. In addition, the applicant shall deposit with the Borough Clerk, to cover costs of legal, engineering and inspection services, an amount as prescribed in Chapter 10, Fees, of this Code.
C.
Upon the filing of the erosion control plan for a minor subdivision, which shall be submitted at the same time as the minor subdivision application is filed, the subdivider shall pay the Borough a fee as prescribed in Chapter 10, Fees, of this Code.
D.
Upon the filing of the erosion control plan for all other purposes, the applicant shall pay the Borough a fee as prescribed in Chapter 10, Fees, of this Code. In addition, the applicant shall deposit with the Borough Clerk, to cover the cost of legal, engineering and inspection services, an amount as prescribed in Chapter 10, Fees, of this Code.
A.
If any person violates any of the provisions of this chapter or any
standard promulgated pursuant to the provisions of 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. Any person who violates any
of the provisions of this chapter or any standard promulgated pursuant
to this chapter or fails to comply with the provisions of a certified
plan shall be liable to a penalty 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:58-10 et seq.). The 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]
B.
If any person violates any of the provisions of this chapter or any
standard adopted pursuant to the provisions of this chapter or fails
to comply with the provisions of an approved plan for soil erosion
and sediment control, the Borough of Milford may institute a civil
action in the Superior Court for injunctive relief to prohibit or
prevent such violation or violations, and said Court may proceed in
a summary matter as permitted so to do by law.
The following activities are specifically exempt from this chapter:
A.
Land disturbance associated with the construction of a single-family
dwelling unit, unless such unit is a part of a proposed subdivision,
site plan, special exception, zoning variance, planned unit development
or building permit application involving two or more such single-family
dwelling units.
B.
Land disturbance of 5,000 square feet or less of the surface area
of land for the accommodation of construction for which the Standard
Building Code of the State of New Jersey would require a building
permit.
C.
Use of land for gardening primarily for home consumption.
D.
Agricultural use of lands when operated in accordance with a farm
conservation plan approved by the Local Soil Conservation District
or when it is determined by the Local Soil Conservation District that
such use will not cause excessive erosion and sedimentation.
A.
The requirements of this chapter shall be enforced by the Borough Engineer, who shall also inspect or require adequate inspection of the work. If the Borough Engineer finds existing conditions not as stated in the applicant's erosion and sediment control plan, he shall refuse to approve further work, shall require necessary erosion and sediment control measures to be promptly installed and shall seek other penalties as provided in § 162-12.
B.
The applicant shall be required to have the approved soil erosion
and sediment control plan on site during construction. The municipality
may issue a stop-construction order if a project is not being executed
in accordance with an approved plan. No certificate of occupancy for
a project shall be issued unless there has been compliance with the
provisions of the approved plan for permanent measures to control
soil erosion and sedimentation. A formal report of such compliance
must be filed with the municipal agent authorized to issue certificates
of occupancy. A copy of this report shall be sent to the Hunterdon
County Soil Conservation District.
[1]
Editor's Note: Ordinance No. 408-87, adopted 12-7-1987,
provided as follows: "That enforcement authority regarding soil erosion,
sediment control, excavation and removal pursuant to Ordinance No.
220-77 shall be and is hereby designated to the Hunterdon County Soil
Conservation District; and that said County Soil Conservation District
shall exercise all authority and have such powers provided by law,
consistent with said Memorandum of Understanding as may be necessary
and incident to these purposes."
Appeals from decisions under this chapter may be made to the
municipal governing body, in writing, within 10 days from the date
of such decision. The appellant shall be entitled to a hearing before
the municipal governing body within 30 days from the date of appeal.