Since considerable soil erosion can take place
during land disturbance, development plans shall contain proposed
soil erosion and sediment control measures. These measures shall be
incorporated into the final plat and final construction drawings.
Soil erosion and sediment control measures shall conform to the Standards
for Soil Erosion and Sediment Control in New Jersey. The measures
shall apply to all features of the construction site, including street
and utility installations, as well as to the protection of individual
lots. Measures shall also be instituted to prevent or control soil
erosion and sedimentation during the various stages of development.
The Planning Board shall require the construction
and/or installation of improvements or such other measures necessary
to prevent soil erosion and sedimentation prior to any site development
work or the start of construction.
Improvements or such other measures on an approved soil erosion and sediment control plan which may be required subsequent to the start of construction or site development work may be deferred until such appropriate time as when required. The Planning Board shall provide for the posting of performance guaranties and maintenance bonds in the same manner as provided in Part 3 of this chapter.
The Planning Board shall refer soil erosion
and sediment control plans to the Morris County Soil Conservation
District or such other local, county, state or federal agency as may
be particularly qualified to review said plan, and no approval of
the Planning Board shall be given until after receipt and recommendations
thereof. Such review and approval shall be made within a period of
30 days of submission of a complete application unless, by mutual
agreement in writing between the municipality and the applicant, this
period is extended for an additional 30 days. Failure of the municipality
to make a decision within such period of such extension thereof shall
constitute certification. The applicant shall be provided with written
notice of such decision by the Township Engineer or other authorized
municipal agent. A copy of such decision, including name of applicant,
site location by street address and block and lot number, and proposed
land use, shall be sent to the Morris County Soil Conservation District.
The municipality shall also make available such other information
as may be required by the District.
In the event that land is proposed to be cleared,
graded, transported or otherwise disturbed, and where subdivision
approval or site plan approval is not required, a grading permit shall
be required. Said permit shall be issued by the Township Engineer
after the Township Engineer's approval of a soil erosion and sediment
control plan. The Township Engineer may waive the requirement for
a grading permit if, in his opinion, no apparent danger exists from
soil erosion or sedimentation.
Individuals or developers carrying out soil
erosion and sediment control measures under this Part 6, and all subsequent
owners of property on which such measures have been installed, shall
adequately maintain all permanent soil erosion control measures, devices
and plantings in effective working condition for a period of two years
after completion of the approved plan implementation. The Township
Engineer shall give the applicant, upon request, a certificate indicating
the date on which the measures called for in the approved plan were
completed.
