[Amended by Ord. No. 8A-87; 4-24-2006 by Ord. No. 05-06; 5-29-2007 by Ord. No.
09-07]
[Amended 9-10-2012 by Ord. No. 13-12]
A.
No application to the Planning Board for any of the following approvals
shall be granted unless and until a soil erosion and sedimentation
control plan has been submitted to and approved by the Planning Board:
B.
In situations where none of the above subdivision or site plan approvals
is required, it shall be unlawful for any person to create or cause
any land disturbance greater than 5,000 square feet unless and until
a soil erosion and sedimentation control plan shall have been submitted
to and approved by the Planning Board.
The Planning Board may waive the requirement
for submission and approval of a soil erosion and sediment control
plan in connection with applications for approval set forth in Subsection
A upon a finding that there is no apparent risk or danger of material,
substantial, harmful, or otherwise detrimental soil erosion or sedimentation
based upon review of the plans submitted.
[Amended 9-10-2012 by Ord. No. 13-12]
A.
The soil erosion and sedimentation control plan shall comprise a
map and written report (together with whatever other instruments,
writings, drawings, plans or specifications are necessary or appropriate
under the circumstances) which fully and adequately describe both
temporary and permanent measures to be employed to control, minimize
and protect against soil erosion and sedimentation from a proposed
land disturbance, taking into account the particular nature and characteristics
of the land, the surrounding area, the watercourses, the land disturbance
and the planned development involved. The plan shall cover all stages
and aspects of the proposed land disturbance and planned development
from grading, stripping, excavation and other site preparation through
and including both final grading and the installation of permanent
improvements. It shall accordingly include a timing schedule or schedules
indicating:
(1)
The anticipated starting and completion dates of each step in the
land disturbance and development sequence and the time of exposure
of each land area prior to the completion of effective erosion and
sedimentation control measures; and
B.
Soil erosion and sedimentation control measures shall, at a minimum,
utilize and meet applicable standards and specifications promulgated
under the New Jersey State Soil Erosion and Sediment Control Act.[1] In addition, to the extent applicable in particular situations,
the following measures or considerations shall be incorporated in
the soil erosion and sedimentation control plan:
(1)
The smallest practical area of land shall be exposed at any one time
during development, and the duration of such exposure shall be kept
to a practical minimum.
(2)
Whenever feasible, natural vegetation and the natural ground surface
shall be retained and protected.
(3)
Temporary vegetative protection plant cover and/or mulching shall
be used to protect critical erosion areas during development.
(4)
Diversions and outlets, both temporary and permanent, shall be constructed
and/or installed to accommodate the runoff caused by the changed soil
and surface conditions during and after development.
(5)
Disturbed soil shall be stabilized as quickly as practicable.
(6)
Until the disturbed area is stabilized, sediment in the runoff water
shall be trapped and removed to the maximum extent feasible by the
use of debris basins, sediment basins, desilting basins, silt traps
or other acceptable methods.
(7)
Whenever feasible, development shall preserve salient natural features
and existing grades, thereby keeping grading, stripping and excavation
to a minimum.
(8)
Adequate provisions shall be made to minimize surface water from
damaging slopes and embankments. Cut-off ditches or diversions may
be utilized for this purpose.
(9)
Fill shall be placed and compacted so as to minimize sliding or erosion,
and shall not encroach on watercourses.
(10)
Fill placed adjacent to a watercourse shall have suitable protection
against erosion for all weather stream flow conditions and particularly
during periods of flooding.
(11)
During grading operations, methods for dust control shall be
exercised.
(12)
During grading, excavation and other construction activities,
slopes and embankments shall be stabilized by mulching with straw
sprayed with asphalt mixture; jute matting staked in position; a seeding
of annual ryegrass; or other acceptable methods in accordance with
the standards.
(13)
Permanent (final) vegetative protection, plant cover, lawn or
ground cover, and mechanical erosion control devices and measures
shall be installed or constructed, and completed, as soon as practically
possible.
(14)
Permanent improvements, such as roads, catch basins, curbs and
the like, shall be installed or constructed, and completed, as soon
as practically possible.
[1]
Editor's Note: See N.J.S.A. 4:24-39 et seq.
[Amended 9-10-2012 by Ord. No. 13-12]
A.
In considering and approving a soil erosion and sedimentation control
plan, the Planning Board:
(2)
May refer the plan to the Soil Conservation District, and/or to any
other qualified governmental agency or agencies, for review and may
take no action on the plan until after a report has been received
from the District or such other agency or agencies.
(3)
May impose lawful conditions or requirements necessary or desirable
to proper implementation of the plan and of the purpose and intent
of this chapter.
B.
After a soil erosion and sedimentation control plan has been approved, it shall be unlawful for the applicant therefor, or any person performing services in implementing the plan, knowingly to deviate from, change, amend or modify the plan in any way, except in accordance with the provisions of Subsection C below.
C.
Minor changes, amendments or modifications to a soil erosion and sedimentation control plan required as a result of conditions in the field during construction may be approved by the Construction Official, or the Borough Engineer as permitted by § 102-24, who shall, in turn, notify the Planning Board thereof. Major changes, amendments or modifications to such a plan shall require the approval of the Planning Board.
Any person carrying out soil erosion and sedimentation control measures under this article, and all subsequent owners of the property upon which such measures have been carried out, shall adequately maintain all permanent control measures, devices and plantings in good order for a period of two years after completion of the work described in the approved plan implementation. Maintenance bonds therefor shall be posted in connection therewith as provided for in § 208-9B.
[Amended 9-10-2012 by Ord. No. 13-12]
A.
No approval of occupancy of any building shall be granted unless
all measures required under the soil erosion and sediment control
plan have been either completed or substantially provided for in accordance
with this chapter. Approval for occupancy may be granted notwithstanding
that permanent (final) vegetative protection, plant cover, or lawn
or ground cover has not been installed if such permanent protection
and cover has not been, and cannot be, installed because of conditions
of weather; and the installation thereof is enforced by appropriate
provisions in the bond or other security and improvement agreements
which shall provide for installation within such time limits as may
be reasonable upon direction of the Construction Official, or the
Borough Engineer as soon as the weather conditions shall permit.
B.
Inspection of projects to determine execution in accordance with
the certified plan shall be carried out by the Borough Engineer and/or
Construction Official.
C.
The Borough Engineer shall determine whether or not the provisions
of the certified plan and sequence of construction are being followed
by the applicant.
D.
The Borough Engineer shall inform the applicant in writing of observed
deviation from the certified plan and request immediate compliance
with the plan. Failure of the applicant to adequately correct deficiencies
in the time frame set forth in the Borough Engineer's letter to the
applicant shall result in the issuance of a violation notice. Failure
of the applicant to correct the deficiencies in the violation notice
may result in the issuance of a stop-construction order.
E.
The Borough Engineer may issue a stop-construction order if the applicant
takes no action to comply with the provisions of the certified plan.
The Borough Engineer may issue a stop-construction order if a person
initiates land disturbance prior to securing plan certification.
F.
When a stop-construction order is issued, no further construction
activity or any other work may take place on the project except for
implementation of erosion controls as required by the Borough Engineer,
until such time the project is in compliance with all provisions of
the certified plan.
G.
Report of compliance.
(1)
The Borough Engineer shall issue a written final report of compliance
in accordance with this section, upon the determination that the project
is in full and complete compliance with the requirements and provisions
of the certified plan such that all permanent measures to control
soil erosion and sedimentation are in effect for the entire project.
(2)
The report of compliance (ROC) shall be issued when the Borough Engineer
determines that a project or portion thereof is in full compliance
with the certified plan and the Standards for Soil Erosion and Sediment
Control in New Jersey (see N.J.A.C. 2:90-1.3), and that the permanent
measures to control soil erosion and sedimentation are in effect for
the area encompassed by the ROC.
(3)
A report of compliance with conditions (CRC) shall be issued when
the Borough Engineer determines that the project or portion thereof
is not yet in full compliance with the certified plan but is in satisfactory
compliance to the extent practicable and in accord with the sequence
of development and requirements thereof, such that the issuance of
a temporary and conditional approval is appropriate with such conditions
as may be imposed. Satisfactory compliance means temporary measures
and appropriate permanent measures for soil erosion and sediment control
have been implemented according to the standards including provisions
for stabilization, site work and that no other site specific concerns
exists.
(4)
Upon written request from the applicant, the Borough Engineer may
issue a ROC or CRC on a lot-by-lot or section-by-section basis for
a project when lots or sections are a part of the project.
(5)
The Borough Engineer may withhold a ROC or CRC for any project which
has not secured discharge authorization of the stormwater General
Permit NJG0088323 where a NJPDES permit is required for stormwater
discharges associated with a construction activity pursuant to N.J.A.C.
7:14A-24.2.
(6)
All fees shall be paid to the Borough prior to issuance of the ROC
or CRC.
(7)
A standard report of compliance form approved by the State Soil Conservation
Committee shall be utilized by the Borough Engineer and shall allow
for the Borough Engineer's issuance of a CRC or ROC. The Borough Engineer
shall complete the standard report of compliance form in accordance
with the requirements set forth in N.J.A.C. 2:90-1.14.
(8)
Copies of the ROC or CRC shall be distributed by the Borough Engineer
to the applicant; the construction code official having construction
code jurisdiction for the project, if applicable; and/or in the case
where a construction permit is not required for a project (such as
for mining and land clearing projects among others), the municipal
official having jurisdiction over such project, if any. The Borough
Engineer may also issue a copy of a ROC or CRC, to such other persons
or entities, as the Borough Engineer deems necessary or appropriate
in his discretion. This includes, without limitation, any local district,
county, state and federal agency, or instrumentality thereof, exercising
any jurisdiction over the project.
(9)
No certificate of occupancy (CO) for a building or structure on a
project, or any portion thereof, shall be issued unless there has
been a ROC issued by the Borough Engineer indicating compliance with
the provisions of the certified plan for measures to control soil
erosion and sedimentation.
(10)
No temporary certificate of occupancy (TCO) for a building or
structure on a project, or any portion thereof, shall be issued by
a municipality or any other public agency unless a CRC or ROC is issued
by the Borough Engineer.
(11)
During the non-growing season, as defined in the Standards for
Soil Erosion and Sediment Control in New Jersey (the Standards), or
where seasonal or weather related constraints exist, or where the
applicant's scheduling has prevented or delayed final stabilization
(for example, completed site work during winter), the Borough Engineer
may issue a CRC or ROC in accordance N.J.A.C. 2:90-1.14(k)1-3.
(12)
Where the applicant has completed temporary stabilization and
provided temporary erosion control measures in compliance with the
certified soil erosion and sediment control plan, the applicant may
request a CRC or ROC from the Borough Engineer. The Borough Engineer
may also require the applicant to provide a performance deposit and
enter into a performance agreement with the Borough Engineer to assure
completion of final stabilization. In such instance, the Borough Engineer,
at his option, may issue the CRC or ROC subject to the requirement
that final stabilization be completed by the date indicated on the
performance agreement such as, by the end of the next growing season,
as defined in the Standards or such reasonable time period established
by the Borough Engineer. Upon receipt of the signed performance agreement
and cash performance deposit, the Borough shall deposit the performance
deposit into an interest-bearing escrow account with interest to accrue
to the benefit of the applicant. The applicant shall sign and deliver
to the Borough any and all forms required by the Borough or its bank
to open and maintain such interest-bearing escrow account. Upon completion
of final stabilization by the applicant, the Borough shall return
such performance deposit with interest to the applicant minus the
administrative costs assessed by the Borough pursuant to the Borough
Fee Ordinance.[1] Upon the failure of the applicant to timely or satisfactorily
implement the permanent stabilization in accordance with performance
agreement and this section, the Borough Engineer shall provide written
notification of such failure to the applicant together with a demand
that such failure be fully cured within 10 calendar days of the date
of such notification to the Borough Engineer's satisfaction or a later
date established by the Borough Engineer. If after such ten-calendar-day
period, or agreed-to time frame, such failure is not fully and properly
cured to the Borough Engineer's satisfaction, the Borough may utilize
the applicant's performance deposit in order to contract for all work
necessary or required to cure such failure and to complete all permanent
measures in accordance with the performance agreement.
[Amended 9-10-2012 by Ord. No. 13-12]
Any person who violates any of the provisions of this chapter
and standards promulgated pursuant to this chapter or fails to comply
with the provisions of a certified plan shall be liable for a penalty
of not less than $25 nor more than $3,000. Each day during which it
continues shall constitute an additional, separate and distinct offense.
