[Added 3-8-2012 by Ord. No. 2012-3]
This article is adopted pursuant to the provisions of the Soil
Erosion and Sediment Control Act, Chapter 251 of the New Jersey Public
Laws of 1975, N.J.S.A. 4:24-39 et seq.
A.
This article is intended to promote the public health, safety, convenience,
and general welfare of Netcong Borough, including overall water quality,
through the protection of environmental resources by preventing floods
and controlling soil erosion, sedimentation, and related environmental
damage resulting from, but not necessarily limited to, the disturbance
of land or earth by construction activities such as those for housing,
commercial, utility, highway, public works and other similar developments,
as well as from the modification of stream channels and drainageways
and the creation of recreational facilities. This article shall be
known as the "Soil Erosion and Sediment Control Ordinance of the Borough
of Netcong."
B.
The specific purposes of this article are to require adequate provisions
for:
(1)
Protecting land from soil erosion.
(2)
Protecting the water quality and biodiversity of streams and
water bodies by preventing sedimentation.
(3)
Preventing danger to life and property from flooding resulting
from excessive runoff and sedimentation of waterways and drainage
facilities.
(4)
Detaining surface runoff, including both temporary and permanent
measures.
(5)
Preserving the recreational use of water bodies for swimming
and fishing.
(6)
Reducing public expenditures for repair and maintenance of public
facilities resulting from flooding, soil erosion and sedimentation.
(7)
Conserving the taxable value of property by preserving the environmental
character of the Borough.
(8)
Ensuring that adequate inspection and enforcement procedures
are followed.
This article shall be applicable for any development project
which includes land disturbance and is not subject to soil erosion
and sediment control approval from the Morris County Soil Conservation
District. The provisions in this article shall also be applicable
to the new construction of single- and multifamily dwelling units,
as well as all building additions which are not subject to Morris
County Soil Conservation District jurisdiction.
A.
APPLICANT
APPLICATION
APPROVED PLAN
CERTIFICATION
CLEARING
COMPLETE APPLICATION
CONDITIONAL USE
CONSTRUCTION PERMIT
CRITICAL AREA
CUT
DETENTION POND OR BASIN
DIVERSION
EMBANKMENT
EROSION
EXCAVATION
EXISTING GRADE
FARM CONSERVATION PLAN
FILL
FINISHED GRADE
GOVERNMENT AGENCY
GRADING
LAND
LAND DISTURBANCE
LAND DISTURBANCE PERMIT
MORRIS COUNTY SOIL CONSERVATION DISTRICT
MULCHING
MULTIFAMILY DWELLING UNIT
NATURAL GROUND SURFACE
NATURAL DRAINAGE
PERMIT
PLAN
PLANNED DEVELOPMENT
PROJECT
RETENTION POND OR BASIN
SEDIMENT
SEDIMENT BASIN
SINGLE-FAMILY DWELLING UNIT
SITE
SLOPE
SOIL
SOIL EROSION, SEDIMENT CONTROL AND FLOOD PREVENTION PLAN
SOILS ENGINEER
SOIL RESTORATION MEASURES
STANDARDS
STATE STANDARDS
STRIPPING
TEMPORARY PROTECTION
VEGETATIVE PROTECTION
Certain words and phrases are used in this article for which the
purposes are defined as follows:
A person requesting the issuance of a land disturbance permit.
A submission meeting the requirements of a complete application,
as hereinafter defined.
A plan, as hereinafter defined, which has been reviewed and
approved by the proper Borough authority.
A written and signed statement by the Borough Engineer that
specific construction and/or land treatment measures required by a
plan, as hereinafter defined, have been performed in accordance with
all of the terms and conditions therefor and in accordance with state
standards, as hereinafter defined, and the provisions of this article.
Any activity which removes all of the vegetative ground cover.
The submission to the Borough of each of the following:
A land use permitted under the Zoning Ordinance of the Borough
of Netcong, but only upon the issuance of an authorization therefor
by the Borough Land Use Board.
A permit issued for a building or structure in accordance
with the State Uniform Construction Code Act[1] and regulations.
An area which has a high potential for erosion, sedimentation
or related environmental damage, or an area which has experienced
such damage.
A portion of land surface or area from which earth has been
removed or will be removed by excavation; the depth below original
ground surface to excavated surface.
A pond, basin or other structure or measure that provides
for temporary storage of stormwater and which includes a spillway
or other facility to release the water at a controlled rate of flow.
A channel with or without a supporting ridge on the lower
side constructed across or at the bottom of a slope.
A man-made deposit of soil, rock or other materials.
The detachment, wearing away or movement of soil or rock
fragments by the action of water, wind, ice or gravity.
Any act by which soil or rock is cut into, dug, quarried,
uncovered, removed, displaced or relocated and shall include the conditions
resulting from such action.
The vertical location of the existing ground surface prior
to excavation, cutting or filling.
A plan developed in accordance with the Morris County Soil
Conservation District 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.
A man-made deposit of soil, rock or other materials.
The final grade or elevation of the ground surface conforming
to a proposed design.
Any department, commission, independent agency or instrumentality
of the United States or of the State of New Jersey, and any county
or other governmental unit.
Any stripping, cutting, filling or stockpiling, or any combination
thereof, this term including the land in its cut or filled condition.
Any ground, soil or earth, including marshes, swamps, drainageways
and areas not permanently covered by water.
Any activity involving the clearing, cutting, excavation,
grading, filling, storing, transporting of land or any other activity
which causes land to be exposed to the danger of erosion, or compaction
of soil which degrades soil so as to make it less conducive to vegetative
stabilization.
A permit issued pursuant to the provisions of this article
authorizing land disturbance subject to the terms and conditions of
the permit.
A governmental subdivision of this state, which encompasses
Netcong Borough, organized in accordance with the provisions of N.J.S.A.
4:24-1 et seq.
The application of plant or other suitable materials on the
soil surface to conserve moisture, hold soil in place and aid in establishing
plant cover.
any building containing two or more dwelling units per building
and being designed for occupancy of families living independently
of one another.
The existing surface of land prior to any land disturbance.
Channels formed in the existing surface topography of the
earth prior to changes made by unnatural causes.
See "land disturbance permit."
See "Soil Erosion, Sediment Control and Flood Prevention
Plan."
Any planned development that may be permitted under the provisions
of the Zoning Ordinance of the Borough of Netcong.
Any activity, undertaking, construction or work of any nature
which involves land disturbance. The term includes but is not limited
to the improvement or development of land pursuant to any conditional
use, construction permit, planned development, site plan, subdivision
or zoning variance.
A facility designed to retain stormwater runoff on a development
site.
Soil material, both mineral and organic, that is in suspension,
is being transported or has been moved from its site of origin by
erosion.
A pond, basin or other structure or measure that provides
for the detention of water and the deposit of sediment.
A detached building designed and occupied by a single family.
A lot, tract or parcel of land or a combination of contiguous
lots, tracts or parcels of land.
The degree of deviation of a surface from the horizontal,
usually expressed in percent or degree.
All unconsolidated mineral and organic material of whatever
origin which overlies bedrock and which can be readily excavated.
A plan (referred to in this article by the term "plan") which
indicates construction and/or land treatment measures, including a
schedule of the timing for their performance, to effectively prevent
floods and minimize soil erosion and sedimentation, and which specifies
the soil restoration measures. Every plan shall meet or exceed state
standards as hereinafter defined.
A professional engineer who is qualified by education, training
and experience to practice applied soil mechanics and foundation engineering.
Those measures taken to ensure, to the maximum extent possible,
cost-effective restoration to the optimal physical, chemical, and
biological functions for specific soil types and the intended land
use.
State standards.
Standards for soil erosion and sediment control in New Jersey
as promulgated by the State Soil Conservation Committee.
Any activity which removes or significantly disturbs vegetated
or otherwise stabilized soil surface, including clearing and grubbing
operations.
Stabilization of erosion or sediment-producing areas of land.
Stabilization of erosive or sediment-producing areas of land
by covering the soil with one or more of the following:
[1]
Editor's Note: See N.J.S.A. 52:27D-119 et seq.
B.
For the purposes of this article the word "shall" indicates a mandatory
requirement, and the word "may" indicates a permissive action.
No person within Netcong Borough shall undertake or commence
any project, as defined in this article, except a project which is
exempt under the provisions herein without first having obtained either
a soil erosion and sediment control permit from the Morris County
Soil Conservation District or a land disturbance permit from the Borough
of Netcong.
The following projects are exempt from the provisions of this
article:
A.
Land disturbance in accordance with a farm conservation plan.
B.
The planting and harvesting of crops, plants, flowers or shrubs in
fields or devoted to such use prior to the adoption of this article.
C.
Road and road shoulder maintenance work performed by the Netcong
Borough Department of Public Works.
D.
Land disturbance of an area less than 1,000 square feet or removing,
relocating or adding less than 20 cubic yards of material on a lot,
provided that the subject property is not located along a lake or
river waterfront.
E.
Projects which are required to obtain soil erosion and sediment control
approval from the Morris County Soil Conservation District.
A.
Jurisdiction over applications. All applications for land disturbance
permits shall be reviewed and acted upon by the Borough Engineer.
B.
Application forms. An applicant shall obtain application forms from
the Borough.
C.
Plans to accompany application. Every application for a land disturbance
permit shall be accompanied by a plan prepared by a licensed professional
engineer meeting the requirements set forth in this section.
(1)
The plan or plans will show both temporary and permanent measures
to be employed to control, minimize and protect against soil erosion,
sedimentation and flooding from a proposed land disturbance, taking
into account the particular nature and characteristics of the land,
the surrounding area, the watercourses, the land disturbance and the
development involved.
(2)
Appropriate construction details shall be included.
(3)
The plan or plans shall cover all stages and aspects of the
proposed land disturbance and planned development from grading, stripping,
excavation and other site preparation through and including both finished
grade and the installation of permanent improvements. It shall accordingly
include a timing schedule or schedules indicating both:
(a)
The anticipated starting and completion dates of each step in
the land disturbance and development sequence and the time of exposure
of each land area prior to the completion of effective erosion and
sediment control measures.
D.
General requirements.
(1)
It shall be the responsibility of the applicant to design the
project so as to maintain as nearly as possible in its present state
and condition any stream, watercourse, swale, floodplain, wetland,
swamp, pond or lake.
(2)
The maintenance or repair of any of the above or of drainage
facilities damaged or otherwise adversely affected by reason of the
applicant's project shall be the responsibility of the applicant.
Such maintenance or repair work shall be performed within 72 hours
of notification by the municipality.
(3)
It shall be the responsibility of the applicant to remove sediment
from any stream or watercourse, pond, lake, or drainage facility resulting
from the applicant's project. Any sediment removal shall be removed
within 72 hours of notification by the municipality.
(4)
No person shall block, impede the flow of, alter or construct
any structure or deposit any material or commit any act which will
affect normal or flood flow in any stream or watercourse without having
obtained a land disturbance permit or, where required, prior approval
from the Morris County Soil Conservation District.
(5)
An objective of the plan shall be to retain sediment on the
site to the maximum extent feasible.
(6)
Soil erosion and sediment control measures. Soil erosion and
sediment control measures shall as a minimum utilize and meet standards
for soil erosion and sediment control in New Jersey as promulgated
by the State Soil Conservation Committee. In addition, to the extent
applicable in particular situations, the following measures or considerations
shall be incorporated in the plan:
(a)
The smallest practicable area of land shall be disturbed at
any one time during development and the duration of such disturbance
shall be kept to a practical minimum.
(b)
Whenever feasible, natural vegetation and the natural ground
surface shall be retained and protected. The top layer of soil for
a depth of 12 inches of any disturbed areas shall be stockpiled and
stabilized for retention on the premises and shall be respread over
the premises when the rest of the soil has been removed.
(c)
Temporary vegetative protection, plant cover or mulching, or
a combination thereof, shall be used to protect against erosion of
disturbed areas during development.
(d)
Diversions and outlets, both temporary and permanent, shall
be constructed or installed to accommodate the runoff caused by the
changed soil and surface conditions during and after development.
(e)
Disturbed soil shall be stabilized as quickly as practicable.
In no case shall any disturbed soil be left unstabilized for more
than 72 hours from the time of notification by the municipality.
(f)
Until the disturbed area is stabilized, sediment in the runoff
water shall be trapped and removed by the use of debris basins, sediment
basins, desilting basins, silt traps or other acceptable methods.
(g)
Adequate provisions shall be made to minimize surface water
from damaging slopes and embankments. Diversions may be utilized for
this purpose.
(h)
Fill shall be placed and stabilized so as to minimize erosion.
(i)
During grading operations, approved methods for dust control
shall be exercised.
(j)
During grading, excavation and other construction activities,
slopes and embankments shall be stabilized by mulching with straw
sprayed with a liquid mulch binder, or jute matting staked in position,
or a seeding of annual rye grass, or a combination of the foregoing,
or other acceptable method.
(k)
Permanent (final) vegetative protection, plant cover, lawn or
ground cover, and mechanical erosion control devices and measures
shall be installed or constructed and completed as soon as practicable.
(l)
Permanent improvements, such as pavement, catch basins, curbs
and the like, shall be installed or constructed and completed as soon
as practicable.
E.
Fees to accompany application.
(1)
Review fee to accompany application. Every applicant for a land
disturbance permit shall pay a review fee to the Borough at the time
of filing the application. The review fee shall be based upon a fee
schedule as adopted and updated annually by the governing body. However,
if the application is made in connection with an application for the
development of land pursuant to the Land Development Ordinance of
Netcong Borough, then no separate application fee shall be required
for the land disturbance permit as the application will be processed
as a part of the land development application.
(2)
Escrow fee to accompany application. An escrow fee shall accompany
every application for a land disturbance permit at the time of filing
an application to Netcong Borough. The appropriate escrow fee shall
be based upon a fee as adopted and updated annually by the governing
body. No building permit will be issued unless the appropriate escrow
fee has been submitted to the Borough. The escrow fee will be used
to pay for plan review and inspections by the Borough or its Engineer.
If additional inspections are required, the escrow account shall be
increased to cover the cost of additional inspections. However, if
the application is made in connection with an application for the
development of land pursuant to the Land Development Ordinance of
Netcong Borough, then no separate escrow fee shall be required for
the site as the application will be processed as a part of the application
for the development.
(3)
No plans submitted to Netcong Borough shall be approved unless
all appropriate application and escrow fees have been paid by the
applicant.
A.
Review of applications.
(1)
Applications for land disturbance permits within the jurisdiction
of the Land Use Board shall be reviewed by the Land Use Board and
the Borough Engineer. The Borough Engineer shall furnish comments
on the application to the Land Use Board during the course of the
Land Use Board hearing. Review of the Land Use Board and Borough Engineer
does not relieve the applicant from obtaining a soil erosion and sediment
control permit from the Morris County Soil Conservation District if
the project requires same.
(2)
Applications which do not require Land Use Board approval shall
be reviewed by the Borough Engineer.
(3)
The purpose of every review shall be to determine whether or
not the application, plan and any other accompanying documents meet
the standards for soil erosion and sediment control in New Jersey
as promulgated by the State Soil Conservation Committee and any other
standards established by this article.
B.
Approval of applications.
(1)
An application within the jurisdiction of the Land Use Board
shall be approved by the Land Use Board if upon review the Board determines
that the application meets the standards referred to in this article.
An application within the jurisdiction of the Borough engineer shall
be approved by the Borough Engineer if upon review it is determined
that the application meets such standards.
(2)
In the event that an application does not meet the standards
referred to in this article, the Land Use Board or the Borough Engineer,
as the case may be, may approve the application subject to the imposition
of terms and conditions which will provide for compliance with such
standards. Any such terms and conditions shall be endorsed upon or
attached to the application before approval is granted.
(3)
All terms and conditions imposed by the Land Use Board or Borough
Engineer, as the case may be, shall become a part of the approved
plan for all purposes of the provisions of this article.
(4)
If an application is disapproved, the reason for disapproval
shall be endorsed upon or attached to the application.
(5)
As soon as any application has been reviewed and acted upon,
the Borough shall promptly notify the applicant in writing of the
action taken by the Land Use Board or Borough Engineer, as the case
may be, indicating whether the application was approved as submitted,
approved subject to attached conditions, or denied for reasons stated.
C.
Time limitations.
(1)
The Borough Engineer, as the case may be, shall approve or disapprove
the application for a land disturbance permit within a period of 30
days after the submission of a complete application to the Borough,
unless by mutual agreement in writing between the applicant and the
reviewing authority the period of 30 days is extended for an additional
period of 30 days.
(2)
For purposes of this subsection, a major revision by the applicant
of the plan accompanying the application shall constitute a new submission
of an application by the applicant.
A.
General. A person to whom a land disturbance permit has been issued
shall be responsible for the performance of all work in strict conformity
with the approved plan and all terms and conditions of the approval,
including the time schedule for exposure of land areas and for the
construction and installation of improvements or the taking of other
measures to prevent soil erosion, sedimentation and flooding.
B.
Inspections by the Borough Engineer.
(1)
The Borough Engineer shall inspect every project for which a
land disturbance permit has been issued. The Borough Engineer shall
be responsible for enforcing compliance with the permit and the provisions
and requirements of this article.
(2)
To assist in making inspections, a copy of the land disturbance
permit to which is attached a complete copy of the application with
the accompanying plan and other documents as well as any terms and
conditions imposed by the approving authority shall be kept at the
site at all times during construction.
(3)
Generally, inspections shall be conducted at the following times:
(a)
Prior to any construction or measures, in order to check details
of location and field conditions.
(b)
Intermittently during construction and vegetative protection
measures.
(c)
After completion of all construction and establishment of vegetation.
(d)
At other times as may be necessary because of unsatisfactory
conditions.
(4)
The Borough Engineer shall bring to the attention of the person
to whom a land disturbance permit has been issued, or to his agent
in charge of work at the site, any deviations from the approved plan
and any other violations of this article in order that such deviations
and violations may be immediately corrected.
C.
Stop-work orders. When circumstances warrant such action, the Borough
Engineer may issue a stop-work order to a person to whom a land disturbance
permit has been issued or to his agent in charge of work at the site.
Thereupon, until all deviations from the approved plan and any other
violations of this article have been corrected, no work shall be carried
on at the site except such work as is necessary to effect such correction.
If such deviations and violations are not promptly corrected, the
Borough Engineer shall bring the matter to the attention of the Borough
Administrator for appropriate action by the Borough.
D.
Minor modifications. When deemed necessary or appropriate by reason
of conditions arising in the field during the course of the performance
of work, the Borough Engineer may order or approve amendments, changes
or modifications of a minor nature in an approved plan.
E.
Approval of completion.
(1)
When the Borough Engineer finds that all construction or installation
work and all measures required under an approved plan have been fully
performed in accordance with all the terms and conditions thereof,
the Borough Engineer shall approve the completed soil erosion and
sedimentation control measures.
(2)
No certificate of occupancy shall be issued for any building
or structure which is part of a project for which a land disturbance
permit has been issued until the aforementioned approval has been
issued by the Borough Engineer.
Any person who claims to be aggrieved by any decision or action
of the Land Use Board or Borough Engineer in the administration of
the provisions of this article may appeal to the governing body. The
procedure followed with respect to such appeal shall be as set forth
in Section 8 of the Municipal Land Use Law, N.J.S.A. 40:55D-17.
A.
If any person violates any of the provisions of this article, any
of the standards for soil erosion and sediment control in New Jersey
as promulgated by the State Soil Conservation Committee, or any standard
established by this article, or if any person fails to comply with
the provisions of an approved plan, or any terms or conditions imposed
by the Borough authority approving such plan, the Borough may institute
a civil action in the Superior Court of New Jersey for injunctive
relief to prohibit and prevent such violation or violations and the
court may proceed in a summary manner.
B.
Any person who violates any of the provisions of this article, any
of the standards for soil and sediment control in New Jersey as promulgated
by the State Soil Conservation Committee, or any standard established
by this article, and any person who fails to comply with the provisions
of an approved plan, or any terms or conditions imposed by the Borough
authority approving such plan shall be liable to a penalty of not
less than $500 nor more than $1,000 to be collected in a summary proceeding
pursuant to the Penalty Enforcement Law (N.J.S.A. 2A:58-1 et seq.).
The Superior Court, County Court, County District Court and Borough
Court shall have jurisdiction to enforce the Penalty Enforcement Law.
If the violation is of a continuing nature, each day during which
it continues shall constitute an additional separate and distinct
offense.
