[HISTORY: Adopted by the Mayor and Council of the Borough of Kenilworth 9-11-1979 by Ord. No. 79-19. Amendments noted where applicable.]
The purpose of this chapter 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.
Word usage. For the purpose of this chapter, certain rules of word usage apply to the text as follows:
Words used in the present tense include the future tense, and the singular includes the plural, unless the context clearly indicates the contrary.
The term "shall" is always mandatory and not discretionary; the word "may" is permissive.
Words or terms not interpreted or defined by this section shall have a meaning of common or standard utilization.
Definitions. 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.
- CRITICAL AREA
- A sediment-producing, highly erodible soil or a 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 be in accordance with standards as adopted by the State Soil Conservation Committee.
- 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 the use of land within its capabilities and for treatment within practical limits, according to 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 Borough.
- LAND DISTURBANCE
- Any activity involving the clearing, grading, transporting or filling of land 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 by air, water or gravity as a product of erosion.
- SEDIMENT BASIN
- 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.
- SOIL CONSERVATION DISTRICT
- A governmental subdivision of this state which encompasses this Borough, organized in accordance with the provisions of Chapter 24, Title 4, of the New Jersey Revised Statutes.
- STATE SOIL CONSERVATION COMMITTEE
- An 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.
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 Soil Erosion and Sediment Control in New Jersey adopted by the local Soil Conservation District and such plan has been approved, and unless a valid land disturbance permit has been issued by the Borough Engineer, except as exempted by § 167-10.
The applicant must submit a separate soil erosion and sediment control plan for each noncontiguous site. The applicant may consult with the local Soil Conservation District in the selection of appropriate erosion and sediment control measures and the development of the plan.
Such plans shall contain:
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.
Location and description of proposed changes to the site.
Measures for soil erosion and sediment control, which must meet or exceed the Standards for Soil Erosion and Sediment Control in New Jersey adopted by the State Soil Conservation Committee. Said standards shall be on file at the offices of the local Soil Conservation District and the Borough 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.
Erosion and sediment control plans submitted with subdivision, planned unit development (PUD) and site plan applications shall be reviewed by the Planning Board and approved as part of the application when in conformance with the Standards for Soil Erosion and Sediment Control in New Jersey. The Board may seek the review of the local Soil Conservation District in the review of such plans and may deem as approved those plans which have been received and determined adequate by the local Soil Conservation District. The Board may also refer such plans to the Borough Engineer for his review and approval.
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.
During and after development or disturbance, drainage provisions shall accommodate increased runoff resulting from modified soil and surface conditions. 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.
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.
In the event that certain work required under the land disturbance permit cannot be performed within the time set for completion and is postponed, a cash bond in a form approved by the Borough Attorney, in an amount equal to the cost of such uncompleted work, may be deposited with the Borough Treasurer to guarantee performance, which amount shall be determined by the Borough Engineer. No such permission to postpone work shall exceed six months. Upon failure to complete the work, the Treasurer shall use the money deposited with the Borough to finish the unfinished portion of the work in accordance with the land disturbance permit. Any unused portion of the moneys deposited shall be returned to the applicant.
Prior to acceptance of work performed in accordance with the land disturbance permit, the Borough Engineer shall obtain a cash maintenance bond from the applicant. Such bond shall be in an amount equal to 15% of the cost of the work performed by the applicant, as determined by the Borough Engineer. Such bond shall guarantee proper maintenance of the disturbed site for the period required by this chapter. Upon expiration of the period of the maintenance bond, the full amount less the costs incurred for maintenance shall be returned to the applicant.
The applicant shall pay to the Borough Clerk a fee as provided in Chapter 91, Fees and Licenses, at the time the application is submitted, to cover the cost of providing reviews and inspections required by this chapter, except that where the application is part of the processing of a subdivision, site plan review or planned unit development (PUD) submission, no fee shall be required.
The following activities are specifically exempt from this chapter:
Land disturbance associated with single-family dwellings on an existing lot.
Use of land for gardening primarily for home consumption.
Applications involving sites of three acres or less in the business or industrial zones.
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.
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 may refuse to approve further work and may require necessary erosion and sediment control measures to be promptly installed and may seek other penalties as provided in § 167-13.
Appeals from decisions under this chapter may be made to the Borough Council in writing within 10 days from the date of such decision. The appellant shall be entitled to a hearing before the Borough Council within 30 days from the date of appeal. The Borough Council may thereafter reverse, modify or affirm the aforesaid decision. Notification of the decision shall be sent to the appellant in writing and officially published within 10 days.
Any person, partnership, corporation, municipal corporation, public agency or other entity violating any provision of this chapter shall, upon conviction thereof, be subject to the general penalty set forth in Chapter 1, Article I, General Penalty, of the Borough of Kenilworth Code.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
In the event that construction is involved, the Borough Engineer shall issue a stop-work notice, which shall be effective until rescinded.
In addition to the penalties herein provided, expenses incurred by the Borough in repairing or correcting any such violation shall also be recoverable from the violating party.