[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:
A.Â
Words used in the present tense include the future tense, and the
singular includes the plural, unless the context clearly indicates
the contrary.
B.Â
The term "shall" is always mandatory and not discretionary; the term
"may" is permissive.
C.Â
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.
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.
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.
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.
A barrier or dam built at suitable locations to retain rock,
sand, gravel, silt or other material.
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:
A.Â
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.
B.Â
Location and description of proposed changes to the site.
C.Â
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.
D.Â
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.
E.Â
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:
A.Â
Stripping of vegetation, grading or other soil disturbance shall
be done in a manner which will minimize soil erosion.
B.Â
Wherever feasible, natural vegetation shall be retained and protected.
C.Â
The extent of the disturbed area and the duration of its exposure
shall be kept within practical limits.
D.Â
Either temporary seeding, mulching or other suitable stabilization
measure shall be used to protect critical areas during construction
or other land disturbance.
E.Â
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.
F.Â
Water runoffs shall be minimized and retained on site wherever possible
to facilitate groundwater recharge.
G.Â
Sediment shall be retained on site to the maximum extent feasible.
H.Â
Diversions, sediment basins and similar required structures shall
be installed prior to any on-site grading or disturbance.
A.Â
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.
B.Â
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:
(1)Â
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.
(2)Â
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.
A.Â
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.[1]
[1]
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.
B.Â
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.
A.Â
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]
B.Â
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,[1] 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]
C.Â
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.
D.Â
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.
E.Â
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.
[Amended 3-16-2021 by Ord. No. 2021-02]
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 Control; 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.
