[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.]
GENERAL REFERENCES
Construction regulations — See Ch. 135.
Flood damage prevention — See Ch. 180.
Land use procedures — See Ch. 209.
Soil removal — See Ch. 312.
Stormwater control — See Ch. 322.
Stormwater system — See Ch. 330.
Subdivision and site plan review — See Ch. 340.
Zoning — See Ch. 410.
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.
A sediment producing highly erodible or severely eroded area.
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.
Any act by which soil or rock is cut into, dug, quarried,
uncovered, removed, displaced or relocated.
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.
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.
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 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.
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:
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 must meet or
exceed standards. Standards shall be on file at the offices of the
local soil conservation district and the Township 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 completing dates;
E.Â
All proposed revisions of data required shall be submitted for approval.
A.Â
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.
B.Â
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.
C.Â
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:
A.Â
Stripping of vegetation, grading or other soil disturbance shall
be done in a manner which will minimize soil erosion.
B.Â
Whenever 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 exposed critical areas during construction
or other land disturbance.
E.Â
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.
F.Â
Water runoff 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.
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:
A.Â
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;
B.Â
Use of land for gardening primarily for home consumption;
C.Â
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.
A.Â
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.
B.Â
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.
