[HISTORY: Adopted by the Township Committee of the Township of Manalapan 10-27-1993 by Ord. No. 93-30 as Ch. 188, Art. II, of the 1993 Code. Amendments noted where applicable.]
This chapter shall be known as the "Soil Erosion and Sediment Control Regulations."
The purpose of these regulations is to control 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 promote the safety, public health, convenience and general welfare of the community.
As used in this chapter, the following terms shall have the meanings indicated:
- A person, partnership, corporation or public agency requesting permission to engage in land disturbance activity.
- CRITICAL AREA
- A sediment-producing highly erodible or severely eroded area.
- Detachment and movement of soil or rock fragments by water, wind, ice and gravity.
- EROSION AND SEDIMENT CONTROL PLAN
- A plan which fully indicates necessary land treatment measures, including a schedule of the timing for their installation, which will effectively minimize soil erosion and sedimentation. Such measures shall as a minimum be in accordance with standards as adopted herein.
- EXCAVATION or CUT
- Any act by which soil or rock is cut into, dug, quarried, uncovered, removed, displaced or relocated.
- FARM CONSERVATION PLAN
- A plan which provides for 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.
- LAND DISTURBANCE
- Any activity involving the clearing, 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 removed from its site of origin by air, water or gravity as a product of erosion.
- SEDIMENT BASIN
- A barrier, dam or excavation built at suitable locations to retain rock, sand, gravel, silt or other materials.
- Any plot, parcel or parcels of land.
- All unconsolidated mineral and organic material of any origin.
- SOIL CONSERVATION DISTRICT
- A governmental subdivision of this state, which encompasses this municipality, organized in accordance with the provisions of Chapter 24, Title 4, of the New Jersey Revised Statutes.
- Standards for soil erosion and sediment control in New Jersey as promulgated by the State Soil Conservation Committee.
- STATE SOIL CONSERVATION COMMITTEE
- Any agency of the state established in accordance with the provisions of Chapter 24, Title 4, of the New Jersey Revised Statutes.
- Any activity which significantly disturbs vegetated or otherwise stabilized soil surface, including clearing and grubbing operations.
Editor's Note: See N.J.S.A. 4:24-1 et seq.
Regulation. 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 Township Engineer a plan to provide for soil erosion and sediment control for such land area in accordance with the standards, and such has been approved; and a valid land disturbance permit has been issued by the Building Inspector except as exempted by § 192-8 of this chapter. The Building Inspector shall issue such permit only as directed, in writing, by the Township Engineer.
Data required. The applicant must submit a separate soil erosion and sediment control plan for each noncontiguous site. The applicant may consult with the Freehold Soil Conservation District in the selection of appropriate erosion and sediment control measures and the development of plan. Such plan shall contain:
Location and description of existing natural and manmade features on and surrounding the site, including general topography and soil characteristics and a copy of the Soil Conservation District soil survey (where available).
Location and description of proposed changes to the site.
Measures for soil erosion and sediment control which must meet or exceed standards. Standards shall be on file at the offices of the local Soil Conservation District and the Township Clerk.
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.
Review and approval.
Soil erosion and sediment control plans shall be reviewed by the Township Engineer (or other designated official) and approved when in conformance with the standards.
Such review and approval shall be made within a period of 30 days from the date of submission of a completed application, unless, by mutual agreement, in writing, between the Township and the applicant, this period is extended for an additional 30 days. Failure of the Township to make a decision within such period or such extension thereof shall constitute approval.
The applicant shall be provided with written notice of such decision by the Township Engineer, and a copy of such decision, including the name of the applicant, site location by street address and block and lot number, according to the official Tax Map of the Township of Manalapan, and proposed planned use, shall be sent to the Freehold Soil Conservation District. The Township Engineer shall also make available to the Freehold Soil Conservation District such other information as may be required by the district.
The Township Engineer may seek the assistance of the Freehold Soil Conservation District in the review of such plans and may deem as approved those plans which have been reviewed and determined adequate by said district except if Township requirements are more stringent.
General design principles. 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:
Stripping of vegetation, grading or other soil disturbance shall be done in a manner which will minimize soil erosion.
Whenever feasible, natural vegetation shall be retained and protected.
The extent of the disturbed area and the duration of its exposure shall be kept within practical limits.
Either temporary seeding, mulching or other suitable stabilization measures shall be used to protect exposed critical areas during construction or other land disturbance.
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.
Water runoff shall be minimized and retained on the site wherever possible to facilitate groundwater recharge.
Sediment shall be retained on the site to the maximum extent feasible.
Diversions, sediment basins and similar required structures shall be installed prior to any on-site grading or disturbance in accordance with the laws and regulations of the State of New Jersey and political subdivision of this state having jurisdiction hereunder.
Maintenance. Maintenance shall be the responsibility of the person, persons or legal entity owning or controlling the land which has been disturbed. All measures, grades, devices and plantings shall be maintained in an effective condition in accordance with an approved soil erosion and sedimentation control plan.
Upon each application for a land disturbance permit, the applicant shall pay the Township of Manalapan a fee in the amount of $100 if the area encompassed by the soil erosion and sedimentation control plan is one acre or less. When the area encompassed by the soil erosion and sedimentation control plan is more than one acre, there shall be an additional fee paid in the amount of $10 for each acre or part thereof to 20 acres or less, plus a fee of $5 for each acre or part thereof over 20 acres.
In addition to any other corrective measures, the municipality may institute any appropriate action in a court of competent jurisdiction to enjoin or abate any violation of these regulations.
Whenever any project is not being executed in accordance with the provisions of an approved soil erosion and sediment control plan, the Township Engineer may issue a stop-construction order and revoke any building permit which may have been issued. No certificate of occupancy for any project shall be issued unless said project has been constructed in compliance with the provisions of the approved soil erosion and sediment control plan. A formal report of such compliance shall be filed with the Township Building Inspector, and a copy thereof shall be sent to the Freehold Soil Conservation District.
The following activities are specifically exempt from the requirements of the soil erosion and sediment control regulations:
Land disturbances of 5,000 square feet or less associated with existing one- or two-family dwellings.
Use of land for gardening primarily for home consumption.
Agricultural use of land when it is determined by the local Soil Conservation District that such use will not cause excessive erosion and sedimentation.
The requirements of the soil erosion and sediment control regulations shall be enforced by the Township Engineer, who shall also inspect or require adequate inspection of the work. The applicant shall be required to maintain the approved soil erosion and sediment control plan on the site during construction.
Any person who violates any of the provisions of this chapter, any standard adopted by 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:58-1 et seq.). In the event that any violation is of a continuing nature, each day during which it continues shall constitute an additional, separate and distinct offense.
Editor's Note: Repealed by L. 1999, c. 274. See N.J.S.A. 2A:58-10.
Appeals from a decision under these regulations 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.