[HISTORY: Adopted by the Township Committee of the Township of Ocean by Ord. No. 1974-8, as amended through Ord. No. 1977-7 (§§ 16A-1 through 16A-11 of the 1972 Ocean Codified Ordinances). Subsequent amendments noted where applicable.]
This chapter shall be known as the "Township of Ocean Municipal Soil Erosion and Sediment Control Chapter."
The purpose of this chapter shall be 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.
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 or severely eroded area.
- 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.
- Detachment and movement of soil or rock fragments by water, wind, ice and gravity.
- 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 use of land, within its capabilities and 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 land areas not permanently covered by water within the municipality.
- LAND DISTURBANCE
- Any activity involving the clearing, grading, transporting, 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 the surface area of land for the accommodation of construction for which the Uniform Construction Code of the State of New Jersey would require a construction permit, except that the construction of a single-family dwelling unit shall not be deemed a "project" under this act, unless such unit is part of a proposed subdivision, site plan, conditional use, zoning variance, planned development or construction 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 state 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 municipality, organized in accordance with the provisions of N.J.S.A. 4:24.
- Standards for soil erosion and sediment control in New Jersey as promulgated by the state Soil Conservation Committee.
- STATE SOIL CONSERVATION COMMITTEE
- An agency of the state established in accordance with the provisions of N.J.S.A. 4:24.
- 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 Building Inspector a plan to provide for soil erosion and sediment control for such land area in accordance with the standards and such plan has been approved; and a valid land disturbance permit has been issued by the Building Inspector, except as exempted by § 308-12.
The applicant shall submit a separate soil erosion and sediment control plan for each noncontiguous site. The applicant may consult with the Ocean County Soil Conservation District in the selection of appropriate erosion and sediment control measures and the development of the plan.
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 must meet or exceed standards. Standards shall be on file at the offices of the local soil conservation district and the Township 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 completing dates;
All proposed revisions of data required shall be submitted for approval.
Municipal Engineer. Soil erosion and sediment control plans shall be reviewed by the Municipal Engineer or other authorized agent and approved when in conformance with the standards.
County Soil Conservation District. The Municipal Engineer may seek the assistance of the Ocean County Soil Conservation District in the review of such plans and may deem as approved those plans which have been reviewed and determined adequate by that district.
Period for decision, written notice. 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 Township and the applicant, this period is extended for an additional 30 days. Failure of the Township 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 Township Engineer, or other authorized agent. A copy of such decision including the name of the applicant, site location by street address and block and lot number, and proposed land use shall be sent to the Ocean County Soil Conservation District. The Township shall also make available such other information as may be required by the district.
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 measure shall be used to protect exposed critical areas during construction or other land disturbance.
Drainage provisions shall accommodate increased runoff, resulting from modified soil and surface conditions, during and after development or disturbance. Such provisions shall be in addition to all existing requirements.
Water runoff 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 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 Municipal Engineer. The Municipal Engineer shall give the applicant, upon request, a certificate indicating the date on which the measures called for in the approved plans were completed.
Upon receipt of a permit under this chapter, the applicant shall file a duly approved maintenance bond amounting to 20% of the value of the work to be done under this chapter. The maintenance bond shall be on file and shall be for a term of two years.
Upon the filing of an application, the applicant shall submit a nonrefundable application fee in the amount of $100 a parcel up to one acre and an additional $15 for each acre of land in addition thereto which fee shall reimburse the municipality for the cost of review for the application and plans.
The following activities are specifically exempt from the provisions of this chapter:
Land disturbance associated with single-family dwelling unit unless such land is part of a proposed subdivision, site plan, special exception, zoning variance, planned unit development or building permit application involving two or more such single-family dwelling units;
Use of land for gardening primarily for home consumption;
Agricultural use of lands when operated in accordance with a farm conservation plan approved by the local soil conservation district or when determined by the local soil conservation district that such use will not cause excessive erosion and sedimentation.
Any person or persons who shall violate any of the provisions of this chapter shall, upon conviction thereof, be subject to a fine not less than $25 nor more than $3,000, or imprisonment in a county jail for a term not exceeding six months, in the discretion of the municipal judge by whom such person is convicted. Each day of violation shall be deemed a separate occurrence and shall be punishable as such.
In addition to the above, the Township may issue a stop-construction order if a project is not being executed in accordance with a certified plan; and no certificate of occupancy for a project shall be issued unless there has been compliance with the provisions of a certified plan for permanent measures to control soil erosion and sedimentation. A formal report of such compliance shall be filed with the Township agent authorized to issue certificates of occupancy. A copy of this report shall be sent to the Ocean County Soil Conservation District. In addition, the Township in its discretion may seek injunctive relief in the appropriate court.
The requirements of this chapter shall be enforced by the Municipal Engineer, or other designated individual or agency, who shall also inspect or require adequate inspection of the work during construction. If the Municipal Engineer finds existing conditions not as stated in the applicant's erosion and sediment control plan, he/she shall cause such measures to be promptly installed and may seek other penalties as provided in § 308-13. The applicant shall be required to have the certified plan on site during construction.
Appeals from decisions under this chapter may be made to the Township Committee in writing within 10 days from the date of such decision. The appellant shall be entitled to a hearing before the Committee within 30 days from date of appeal.
This chapter shall take effect following final Township adoption and publication according to law, and upon subsequent and final approval by the state Soil Conservation Committee. Any proposed changes shall be approved by the state Soil Conservation Committee prior to Township enactment.