[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.
A.
Word usage. For the purpose of this chapter, certain rules of word
usage apply to the text as follows:
(1)
Words used in the present tense include the future tense, and the
singular includes the plural, unless the context clearly indicates
the contrary.
(2)
The term "shall" is always mandatory and not discretionary; the word
"may" is permissive.
(3)
Words or terms not interpreted or defined by this section shall have
a meaning of common or standard utilization.
B.
APPLICANT
CRITICAL AREA
EROSION
EROSION AND SEDIMENT CONTROL PLAN
EXCAVATION or CUT
FARM CONSERVATION PLAN
LAND
LAND DISTURBANCE
MULCHING
PERMIT
SEDIMENT
SEDIMENT BASIN
SITE
SOIL
SOIL CONSERVATION DISTRICT
STATE SOIL CONSERVATION COMMITTEE
STRIPPING
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.
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.
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.
Any act by which soil or rock is cut into, dug, quarried,
uncovered, removed, displaced or relocated.
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.
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.
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.
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.
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.
A.
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.
B.
Such plans 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 site.
(3)
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.
(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.
C.
All proposed revisions of data required shall be submitted for approval.
A.
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:
A.
Stripping of vegetation, grading or other soil disturbance shall
be done in a manner which will minimize soil erosion.
B.
Whenever feasible, natural vegetation shall be retained and protected.
C.
The extent of the disturbed area and the duration of its exposure
shall be kept within practical limits.
D.
Either temporary seeding, mulching or other suitable stabilization
measures shall be used to protect exposed critical areas during construction
or other land disturbance.
E.
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.
F.
Water runoff shall be minimized and retained on the site wherever
possible to facilitate groundwater recharge.
G.
Sediment shall be retained on the site.
H.
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.
A.
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.
B.
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:
A.
Land disturbance associated with single-family dwellings on an existing
lot.
B.
Use of land for gardening primarily for home consumption.
C.
Applications involving sites of three acres or less in the business
or industrial zones.
D.
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.
A.
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)]
B.
In the event that construction is involved, the Borough Engineer
shall issue a stop-work notice, which shall be effective until rescinded.
C.
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.