[HISTORY: Adopted by the Township Committee (now Council)
of the Township of Jackson 11-23-1976 by Ord. No. 48-76 (Ch. 90 of the 1972
Code). 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.
The provisions of this chapter shall apply to any land disturbance
activity of any type, except those specifically exempted hereafter.
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 district a plan to provide
for soil erosion and sediment control for such land area in accordance
with the requirements contained herein, and such plan has been approved
by the district, and a valid land disturbance permit has been issued.
[Amended 5-8-1979 by Ord. No. 14-79]
B.
The following activities are specifically exempt from this chapter:
(1)
Land disturbance of 5,000 square feet or less associated with existing
or proposed one- and two-family dwellings, provided, in the case of
new dwellings, that they are not part of a comprehensive development
undertaken by a subdivider or builder.
(2)
Use of land for gardening primarily for home consumption.
(3)
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 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.
The Soil Conservation District, Ocean County. (See below.)
The district shall be the enforcement and approving authority under
the provisions of this chapter.
[Added 5-8-1979 by Ord. No. 14-79]
Detachment and movement of soil or rock fragments by water,
wind, ice and gravity.
A plan and/or written statement 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 contained herein
and defined hereafter.
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 activity involving the clearing, grading, transporting
and filling and any other activity which causes land to be exposed
to the danger of erosion.
A certificate issued to perform work under this chapter.
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.
Solid material, both mineral and organic, that is in suspension,
is being transported or has been moved from its site of origin by
air, wind 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
Chapter 24, Title 4, of the New Jersey Revised Statutes.[1]
The Standards for Soil Erosion and Sediment Control in New
Jersey, as promulgated by the State Soil Conservation Committee.
Any agency of the state established in accordance with the
provisions of Chapter 24, Title 4, of the New Jersey Revised Statutes.[2]
Any activity which significantly disturbs vegetated or otherwise
stabilized soil surface, including clearing and grubbing operations.
[Amended 5-8-1979 by Ord. No. 14-79]
Every application for a land disturbance permit shall be submitted
to the district and shall be accompanied by an application fee in
accordance with the Schedule of Fees established and promulgated by
the district.
A.
Filing; content.
(1)
All applications for land disturbance permits shall be filed with
the district.
[Amended 5-8-1979 by Ord. No. 14-79]
(2)
Each application shall consist of a completed application form, the
application fee and a soil erosion and sediment control plan for the
proposed disturbed site prepared in accordance with the requirements
contained herein.
(3)
Four copies of the application form and plans shall be submitted,
together with a letter from the applicant's engineer indicating
any other permits or approvals which will be required from other governmental
agencies in connection with the land disturbance activity of the proposed
use (e.g. floodplain or stream encroachment permits). The district
may, if it deems necessary, require copies of all data submitted in
connection with any other such application.
[Amended 5-8-1979 by Ord. No. 14-79]
B.
Application with minor subdivision. No application for a land disturbance
permit will be required as a requisite for minor subdivision approval.
However, this shall not relieve the applicant or owner of the responsibility
to obtain a required permit in connection with a nonexempt use of
the land.
C.
Application with major subdivision.
(1)
Each application for preliminary subdivision approval shall be submitted
to the district and shall be accompanied by an application for a land
disturbance permit, pursuant to the terms hereof, if the applicant
chooses to do any site work prior to the submission and approval of
the final design plans. If the applicant does not choose to do any
site work prior to approval of the final design plans, then application
for a land disturbance permit shall be made concurrent with submission
of final design plans.
[Amended 5-8-1979 by Ord. No. 14-79]
(2)
The data required in the application for the land disturbance permit
applies to any and all lands that would be disturbed during construction
of the subdivision improvements and buildings.
(3)
No final subdivision approval shall be granted until a land disturbance
permit has been approved.
D.
Application with site plan. Each application for site plan approval
shall be accompanied by an application for a land disturbance permit
pursuant to the terms hereof. No site plan approval shall be granted
until the land disturbance application has been approved.
E.
Application in connection with any other land disturbance. No site
shall be disturbed unless an application for a land disturbance permit
has been submitted pursuant to the terms hereof, and no permit issued
by any other municipal agency shall be deemed complete until a valid
land disturbance permit has been approved.
A.
Approval procedure.
[Amended 5-8-1979 by Ord. No. 14-79]
(1)
Upon receipt of each land disturbance application, the district shall
immediately forward one copy each to the Jackson Township Planning
Board, the Jackson Township Environmental Commission and the Township
Engineer. The Township Engineer and the Environmental Commission shall
be requested to reply, in writing, to the district within 30 days.
If no reply is received within 30 days, the district shall proceed
as though the application were favorably reviewed.
(2)
Upon a determination that the plan is satisfactory and in conformance
with the requirements of this chapter, the district shall, by resolution,
issue a permit to the applicant within a period of 30 days of submission
of a complete application, unless by mutual agreement, in writing,
between the district or its agent and the applicant this period is
extended for an additional 30 days. Failure of the district or its
agent to make a decision within such period or such extension thereof
shall constitute certification.
(3)
When, in the opinion of the district, unusual circumstances prevail,
the district shall have the right to impose special conditions and
requirements, including but not limited to the fixing of time schedules
for completion of any part of the project and posting of performance
and maintenance guaranties for any or all of the erosion control devices;
provided, however, that such special conditions and requirements may
not relate to those techniques and methods for controlling soil erosion
and sedimentation which are prescribed in the standards.
B.
After a soil erosion and sediment control plan has been approved, it shall be unlawful for the applicant or any person performing services and implementing the plan knowingly to deviate from, change, amend or modify the plan in any way, except in accordance with the provisions of Subsection C below.
C.
Minor changes, amendments or modifications to a soil erosion and
sediment control plan required as a result of conditions in the field
during construction may be approved by the district agents, who shall
in turn notify the district and Township thereof. Major changes, amendments
or modifications to such a plan shall require the approval of the
district.
[Amended 5-8-1979 by Ord. No. 14-79]
D.
If the title of the land is subsequently transferred, the new owner
must follow the plan already approved or submit a new plan in accordance
with this chapter.
E.
Maintenance. Any applicant carrying out soil erosion and sediment
control measures under this chapter, and all subsequent owners of
the property upon which such measures have been carried out, shall
adequately maintain all permanent control measures, devices and plantings
in good order.
A.
Each applicant for a land disturbance permit must submit a separate
soil erosion and sediment control plan unless the required information
can be clearly and legibly incorporated into other design plans prepared
for the project.
B.
Each soil erosion and sediment control plan shall contain the following:
(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 when requested.
(2)
Location and description of proposed changes to the site.
(3)
Measures for soil erosion and sediment control which meet or exceed
the standards and specifications set forth herein and in accordance
with the Standards for Soil Erosion and Sediment Control in New Jersey,
as adopted by the Ocean County Soil Conservation District.
(4)
A schedule of the sequence of the implementation of the planned erosion
and sediment control measures as related to the progress of the project.
(5)
The impact of the proposed disturbance to all adjacent properties,
both during and after the development or disturbance.
(6)
A map showing the contours of the land at two-foot intervals prior
to the disturbance and the proposed contours to be created, prepared
in accordance with the standard engineering practices.
(7)
Complete construction detailing of all erosion control measures.
(8)
When specifically required by the district, soil borings and groundwater
elevations shall be shown.
[Amended 5-8-1979 by Ord. No. 14-79]
A.
General. Every plan for erosion control shall be designed in accordance
with the general design principles and all other requirements contained
herein and in the Standards for Soil Erosion and Sediment Control
in New Jersey. In the interpretation of these requirements, the term
"shall" is always mandatory, and the word "may" is permissive; also,
words used in the present tense include the future tense; and the
singular includes the plural, unless the context clearly indicates
the contrary.
B.
Design criteria.
(1)
Stripping of vegetation, grading or other soil disturbance shall
be done in a manner which will minimize soil erosion.
(2)
Whenever feasible, natural vegetation shall be retained and protected.
(3)
The extent of the disturbed area and the duration of its exposure
shall be kept within practical limits.
(4)
Either temporary seeding, mulching or other suitable stabilization
measure shall be used to protect exposed critical areas during construction
or other land disturbance.
(5)
Drainage provisions shall accommodate increased runoff resulting
from modified soil and surface conditions, during and after the development
or disturbance.
(6)
Water runoff shall be minimized and retained on-site wherever possible
to facilitate groundwater recharge.
(7)
Sediment shall be retained on-site to the maximum extent feasible.
(8)
Diversions, sediment basins and similar required structures shall
be installed prior to any on-site grading or disturbance.
(9)
Satisfactory provisions shall be made for drainage to accommodate
all increased runoff resulting from modifications of soil and surface
conditions during and after development or disturbance. Where necessary,
the rate of water runoff shall be mechanically retarded.
(10)
Provisions shall be made to protect existing and proposed storm
drainage systems from siltation during construction.
(11)
Water concentrations at tops of slopes shall be diverted to
safe outlets by diversions or other means as specified in the standards.
(12)
Detention or retention basins, where required, should be constructed
in accordance with the standards, to retain all sediment on-site to
the maximum extent feasible. When deemed necessary by the district,
fencing shall be constructed around detention or retention areas.
[Amended 5-8-1979 by Ord. No. 14-79]
(13)
For permanent or temporary vegetation cover, the soil treatment
and seed mixture shall be in accordance with the standards.
(14)
The timing of construction sequences shall be specified and
shall provide for the installation of all erosion control measures
prior to commencement of construction. The sequence of construction
shall also be timed to allow the maximum time for establishment of
stabilization measures.
(15)
During construction all exposed soils that have the potential
for causing off-site environmental damage shall be stabilized by temporary
vegetative cover or by other means as prescribed in the standards.
(16)
When permanent vegetative cover cannot be established by seeding,
the disturbed areas shall be sodded or vegetated by other means as
prescribed in the standards.
(17)
Subsurface drainage is to be provided in areas having a high
water table, to intercept seepage that would adversely affect slope
stability, building foundations or create undesirable wetness.
(18)
Adjoining property shall be protected from excavation and filling
operations.
(19)
Fill shall not be placed adjacent to the bank of a stream or
channel, unless provisions are made to protect the hydraulic, biological,
aesthetic and other environmental functions of the stream.
[Amended 5-8-1979 by Ord. No. 14-79]
The following additional regulations shall apply:
A.
The agents or employees of the district or such other municipal officials
as may be designated shall inspect on a periodic, regular basis, as
required, all approved projects in order to verify that the project
is in full compliance with the approved soil erosion and sediment
control plan.
B.
The applicant shall be required to have the approved soil erosion
and sediment control plan on site during construction of the project.
C.
A stop-construction order may be issued by the district or by another
designated official if the project is not being executed in accordance
with the approved soil erosion and sediment control plan.
D.
A certificate of occupancy shall be withheld in connection with the
project unless there has been full compliance with the provisions
of the approved soil erosion and sediment control plan for permanent
measures to control soil erosion and sedimentation.
This chapter shall take effect upon final passage and publication
as required by law and upon final approval by the State Soil Conservation
Committee pursuant to P.L. 1975, c. 251, § 10.[1]
[1]
Editor's Note: See N.J.S.A. 4:24-48.
A.
If any person, firm or corporation violates any of the provisions
of this chapter or fails to comply with the provisions of a land disturbance
permit, the Township of Jackson or the Ocean County Soil Conservation
District may institute a civil action in the Superior Court for injunctive
relief to prohibit and prevent such violation or violations, pursuant
to P.L. 1975, c. 251, § 15.[1]
[1]
Editor's Note: See N.J.S.A. 4:24-53.
B.
If any person, firm or corporation violates any of the provisions
of this chapter or fails to comply with the provisions of a land disturbance
permit, such person, firm or corporation shall be liable to a penalty
of not less than $25 nor more than $3,000, to be collected in a summary
proceeding pursuant to the Penalty Enforcement Law (N.J.S.A. 2A:58-1
et seq.[2]) and the provisions of P.L. 1975, c. 251, § 15.[3]
C.
The Superior Court, County Court, County District Court and Municipal
Court shall have jurisdiction to enforce this chapter. If the violation
hereof is of a continuing nature, each day during which it continues
shall constitute an additional, separate and distinct offense.
