[HISTORY: Adopted by the Mayor and Council of the Borough of Washington 12-14-1976 by Ord. No. 7-76. Amendments noted where applicable.]
The purpose of this chapter is to control sedimentation and soil erosion damage, together with related environmental damage, within the Borough of Washington by requiring adequate provisions for the surface water retention and drainage and for the protection of exposed soil surfaces in order to better promote the safety, public health, convenience and general welfare of the community.
For the purpose of this chapter, certain values of word usage apply to the text hereto, 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 term "may" is permissive.
Any word or term not interpreted or defined herein shall be deemed to have its common or standard meaning.
Except as may be hereinafter provided, the Planning Board of the Borough of Washington shall have jurisdiction over all matters arising under this chapter.
Except as may be provided hereafter, the following definitions shall apply in the interpretation and enforcement of this chapter:
- A person, partnership, corporation or public agency requesting permission to engage in any land disturbance activity.
- The Borough of Washington.
- CRITICAL AREA
- A sediment-producing, highly erodible or severely eroded area.
- The Borough Engineer or his designee.
- Detachment and movement of soil or rock fragments by water, wind, ice and/or gravity.
- EXCAVATION or CUT
- Any act by which soil or rock is cut into, dug, quarried, uncovered, removed, displaced or relocated.
- Any ground, soil or earth, including marshes, swamps, drainageways and areas not permanently covered by water within the Borough.
- LAND DISTURBANCE
- Any activity involving clearing, grading, transportation or 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.
- The disturbance of more than 5,000 square feet of surface area of land or for the accommodation of construction for which the Standard Building Code of the State of New Jersey would require a building permit, except that the construction of a single-family dwelling unit involving less than 5,000 square feet of surface disturbance shall not be deemed a "project" under this chapter unless such unit is part of a proposed major subdivision, site plan, special exception, zoning variance, planned unit development or building permit application involving two or more such single-family dwelling units.
- 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.
- SEDIMENTATION AND EROSION 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 equivalent to or exceed standards as herein defined.
- Any plot, parcel or parcels of land.
- All unconsolidated mineral and organic material of any origin.
- The publication Standards for Soil Erosion and Sediment Control in New Jersey, as promulgated by the State Soil Conservation Committee.
- Any activity which significantly disturbs vegetated or otherwise stabilized soil surface, including clearing and grubbing operations.
No project, as defined herein, shall proceed and no land area shall be disturbed by any person, partnership, corporation or public agency within the Borough unless the applicant has first submitted to the Planning Board, for review by the Engineer, a sedimentation control and erosion control plan in accordance with the provisions of this chapter and received from the Engineer, upon approval and as directed by the Planning Board, a permit for the land disturbance sought. 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.
The applicant shall submit to the Planning Board a separate sedimentation and soil erosion control plan for each project, the plan to be prepared by a licensed professional engineer. Such plan 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 shall be equivalent to or exceed the standards, a copy of which shall be on file in the office of 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.
Sedimentation and soil erosion control plans shall be reviewed by the Engineer and approved by the Planning Board when in conformance with the Standards. 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 Borough and the applicant, this period is extended for an additional 30 days. Failure of the Borough to make a decision within such period or such extension thereof shall constitute certification. The applicant shall be provided with written notice of such decision by the Planning Board. A copy of such decision, including the name of the applicant, site location by street address and block and lot designation, and proposed land use, shall be sent to the Warren County Soil Conservation District. The Borough shall also make available such other information as may be required by the District.
Control measures shall apply to all aspects of the proposed site development involving land disturbance and shall be in operation during all stages of the disturbance activity. The following principles shall apply to the sedimentation and soil erosion control plan:
Stripping of vegetation, grading or other soil disturbance shall be done in a manner which will minimize soil erosion.
Wherever 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 measure shall be used to protect critical areas during construction or other land disturbance.
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.
Water runoffs shall be minimized and retained on site wherever possible to facilitate groundwater recharge.
Sediment shall be retained on site to the maximum extent feasible.
Diversions, sediment basins and similar required structures shall be installed prior to any on-site grading or disturbance.
All necessary sedimentation control and soil erosion 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 Engineer, whichever is longer. The Building Inspector, upon the recommendation of the Engineer, shall furnish the applicant, upon request, a certificate indicating the date on which the measures called for in the approved plan were completed. After such period of time, the owner or owners of said premises shall be responsible for the maintenance of said sedimentation and soil erosion measures installed pursuant to this chapter.
Before a permit is issued, the applicant shall file with the Borough Clerk a bond executed by the applicant, as principal, in a surety company licensed to do business in the State of New Jersey, as surety. The amount of the bond shall be determined by the Engineer based upon an estimate of quantities prepared by the applicant's engineer and reviewed as to form by the Borough Attorney. In no event shall it be less than $100. The bond shall be conditioned as follows:
The applicant will complete the work authorized by the permit in conformity with the terms of the permit and the provisions of this chapter on or before the date of completion set forth in the application.
The applicant will repair any public street, structure or land which may be damaged as a result of the work, maintain the sedimentation and soil erosion control plan for one year after completion of a permanent improvement or for the life of a temporary improvement.
All activities not embodied in the definition of "project," as set forth in § 69-4 of this chapter, shall be deemed exempt from the provisions of this chapter unless the Planning Board, in its discretion, determines that such exemption should not be granted.
The requirements of this chapter shall be enforced by the Engineer, who shall inspect or require adequate inspection of the work carried out pursuant to approval under this chapter. If the Engineer finds existing conditions not as stated in the applicant's sedimentation and soil erosion control plan or if he finds that the project is not being executed in accordance with the applicant's approved sedimentation and soil erosion control plan, he may issue a stop construction order. No certificate of occupancy for a project shall be issued unless there has been compliance with the applicant's approved sedimentation and soil erosion control plan for permanent measures to control soil erosion and sedimentation and a formal report of such compliance filed with the Building Inspector and the Warren County Soil Conservation District. The applicant shall be required to maintain the approved plan on site at all times during construction. In addition to the powers set forth herein, the Engineer shall have the right to seek other penalties as provided in § 69-13 below.
Appeals from decisions of the Planning Board under this chapter shall be to the Mayor and Common Council of the Borough, as provided in N.J.S.A. 40:55-1.19.
Editor's Note: N.J.S.A. 40:55-1.1 to 40:55-1.42 were repealed by P.L. 1975, c. 291, § 80, effective 8-1-1976. See now N.J.S.A. 40:55D-17, 40:55D-19.
Any applicant aggrieved by a decision of the Engineer made pursuant to § 69-11 above may appeal such decision to the Planning Board by filing such an appeal in writing with a copy to the Engineer. The Planning Board shall then hear the appeal at its next regular meeting, provided that a minimum of three weeks' notice of the appeal has been given, and grant such relief as it may deem appropriate. In the event the applicant desires a speedier review than provided above, he may request a special meeting of the Planning Board to hear his appeal, upon the posting of the costs for such special meeting, which cost shall not exceed $250. In the event a special meeting should be requested, the meeting shall be held not later than 10 days following the request for the special meeting or the filing of the appeal, whichever event shall come later.
Any person who shall violate this chapter or do any act or thing prohibited, or refuse or fail to do any act or thing required to be done, or refuse or fail to comply with any order of the Engineer or the Planning Board shall be subject to the penalties prescribed in N.J.S.A. 4:24-53.
Upon the filing of the sedimentation and soil erosion control plan for a major subdivision, which shall be submitted at the same time as the preliminary plat is filed, the subdivider shall pay to the Borough a fee of $100. In addition, the subdivider shall deposit with the Borough Clerk, to cover the cost of legal, engineering and inspection services, a three-hundred-dollar escrow fee plus a lot inspection fee equivalent to $100 for each and every lot shown on the plat.
[Amended 11-17-2008 by Ord. No. 13-2008]
Upon the filing of the sedimentation and soil erosion control plan for a site plan, pursuant to Chapter 71, Site Plan Review and Approval, of this Code, which shall be submitted the same time the plan is filed, the applicant shall pay to the Borough a fee of $100. In addition, the applicant shall deposit with the Borough Clerk, to cover cost of legal, engineering and inspection services, a three-hundred-dollar escrow fee. Each applicant shall be liable for a one-hundred-dollar-per-acre inspection fee.
[Amended 11-17-2008 by Ord. No. 13-2008]
Upon the filing of the sedimentation and soil erosion control plan for all other purposes, the applicant shall pay to the Borough a fee of $150. In addition, the applicant shall deposit with the Borough Clerk, to cover the cost of legal, engineering and inspection services, an amount equivalent to 5% of the estimated cost of the erosion control measures or $300, whichever is greater.
If, at the completion and approval of the plan, the sum deposited with the Borough Clerk by the applicant, pursuant to Subsections A, B and C above, to cover the cost of legal and engineering and inspection services should exceed the expense actually incurred by the Borough for such services, the applicant, upon written request, within one year following the date of such approval, shall be entitled to the return of the amount by which deposits aforesaid exceed such actual cost, without interest.
No appeal to the Planning Board from a decision of the Engineer as provided in § 69-12B of this chapter shall be heard by the Planning Board unless the appellant shall, at the time of the filing of his appeal, pay a fee of $50 to the Borough of Washington. No appeal from a decision of the Planning Board to the Mayor and Common Council shall be heard unless the appellant shall, at the time of the filing of the appeal, pay a fee of $100 to the Borough of Washington.
This chapter shall be deemed a supplement to any and all provisions of this Code relating to land use and land use development, including but not limited to the provisions of Chapter 57, Stormwater Management; Chapter 73, Soil Removal; and Chapter 94, Zoning and Land Development, and the requirements of this chapter shall be in addition to any requirements imposed therein. Nothing contained in this chapter shall be construed to repeal or amend any existing provisions of this Code, except where such is specifically required.