The purpose of this article 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.
A.
Regulation. No preliminary application for subdivision or site plan approval submitted to the municipal agency pursuant to the Land Development Ordinance of the Township of Independence shall be granted approval unless it includes a soil erosion and sediment control plan developed in accordance with the standards for soil erosion and sediment control adopted by the New Jersey State Soil Conservation Committee and administered by the Warren County Soil Conservation District. The applicant 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 chapter, except as exempted by § 255-125.
B.
Data required. The applicant must submit to the municipal
agency a separate soil erosion and sediment control plan for each
parcel to be developed. Such plan shall contain:
(1)
Location and description of existing natural
and man-made features on and surrounding the site, including general
topography and soil characteristics and a copy of the soil conservation
district soil survey, where available.
(2)
Location and description of proposed changes
to the parcel.
(3)
Measures for soil erosion and sediment control
which shall meet or exceed Standards for Soil Erosion and Sediment
Control adopted by the New Jersey State Soil Conservation Committee
and administered by the Warren County Soil Conservation District.
Such standards shall be on file at the offices of the Soil Conservation
District and the Township Clerk.
(4)
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.
(5)
All proposed revisions of data required shall
be submitted for approval.
C.
Review and approval. Erosion and sediment control
plans shall be reviewed by the municipal agency and approved when
in conformance with the Standards for Erosion and Sediment Control
adopted by the New Jersey State Soil Conservation Committee and administered
by the Warren County Soil Conservation District. The board may seek
the assistance of the Warren County Soil Conservation District in
the review of such plans and may deem as approved those plans which
have been reviewed and determined adequate by the Warren County Soil
Conservation District.
A.
General design principles. Control measures shall
apply to all aspects of the proposed development involving 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:
(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 all increased
runoff resulting from modifications of soil and surface conditions
during and after development of disturbance. Such provisions shall
be in addition to existing requirements.
(6)
Water runoff shall be minimized and retained
on the site wherever possible to facilitate groundwater recharge.
(7)
Sediment shall be retained on the site.
(8)
Diversions, sediment basins and similar required
structures shall be installed prior to any on-site grading or disturbance.
B.
Maintenance. All necessary soil erosion and sediment
control measures installed under this chapter shall be adequately
maintained for two years after completion of the approved soil erosion
and sediment control plan or such shorter period of time as the Township
Engineer may determine shall be necessary to permanently stabilize
the effect of all soil erosion control measures to be undertaken according
to the approved soil erosion and sediment control plan. The Township
Engineer shall give the applicant, upon request, a written certification
indicating the date upon which he approved the completion by applicant
of the measures specified in the approved soil erosion and sediment
control plan.
The following activities are specifically exempt
from this article:
A.
Minor subdivisions.
B.
Site plans for development where the land will not
be disturbed.
C.
Agricultural use of lands when operated in accordance
with a form conservation plan approved by the local Soil Conservation
District or when it is determined by the local Conservation District
that such use will not cause excessive erosion and sedimentation.
The Township Engineer shall inspect or require
adequate inspection of the work carried out pursuant to site approval.
If the Township Engineer finds existing conditions not as stated in
the applicant's erosion and sediment control plan, he may refuse to
approve further work and may require necessary erosion and sedimentation
control measures to be promptly installed.
This Article XIII shall be effective upon approval by the New Jersey Department of Agriculture, at which time the Soil Erosion and Sediment Control Ordinance of Independence Township adopted on February 14, 1977, shall be repealed.
