[1999 Code § 15.32.010]
The Township Council, in order to promote, develop, and maintain
a harmonious balance between man and the natural processes and to
effectuate the general purpose of municipal planning, with an intent
towards the promotion of sensitive land development, the guiding of
inevitable land development and the opposition to unnecessary or detrimental
land development and the deterioration of property values, through
the consideration of aesthetics, good landscaping and sound engineering
practice, hereby finds and determines that the unregulated and uncontrolled
relocation, excavation and removal of soil on a large scale has or
will result in conditions detrimental to the public safety, health
and general welfare and to the development of the Township.
[1999 Code § 15.32.020; Ord. No.
O.1722-2009§ 2; Ord. No.
O.1965-2017]
As used in this section:
Means the person requesting a soil importation permit as
provided for in this section.
means the Township Engineer as designated by the Township
Council to act upon applications for permits under this section to
enforce this section.
[Ord. No. O.1965-2017]
Means earth, sand, clay, loam, gravel, humus, rock or dirt,
and may include subsoil or topsoil. No construction debris is permitted.
Means any person who, either directly or through an agent
or independent contractor, engages or intends to engage in land subdivision
for the purpose of sale to or occupancy by another person or persons.
Means detachment and movement of soil, rock, or other mineral
or organic matter by water, wind, ice or gravity.
Means any person engaged in the moving, removal or excavation
of soil from, in or upon any land in the Township.
Means a tract of land being used for the production of agricultural
or horticultural produce, as food, fiber, nursery stock, livestock,
poultry, or dairy products, or that has been used and has not since
been put to other use including use as woodland as defined herewith.
Means a person who operates a farm.
Means meat and vegetable waste solids resulting from the
handling, preparation, cooking and consumption of foods "Garbage"
is considered to originate primarily in kitchens, stores, markets,
restaurants, hotels and other places where food is stored, cooked
and consumed.
Means any activity by people, including but not limited to
clearing of vegetative cover, removal of topsoil, grading, trenching,
cutting or filling to change the land surface, that would or could
result in loss of topsoil, erosion, and sedimentation.
Means a parcel or plot of land occupied or designed to be
occupied by a building and its accessory building or by a dwelling
group and its accessory buildings, together with such open spaces
as are arranged and designed to be used in connection with such building.
Means a plan for the management of timbered land, developed
by the New Jersey Department of Environmental Protection, Bureau of
Forestry, or similar State or Federal agency or Township Forester
if the Township names one.
Means to dig, excavate, remove, deposit, fill, grade, replace,
level or otherwise alter or change the location or contour of land;
to plow, spade, cultivate, harrow or disc the soil; or any other operation
usually and ordinarily associated with the tilling of soil for agricultural
or horticultural purposes.
Means the application of plant residue or other material
to the land surface suitable to conserve moisture, hold soil in place,
and aid in establishing plant cover.
Means any person seized in fee simple of any lot, subdivision
or premises or having any interest or estate therein which would permit
effective possession thereof or dominion therefore.
Means a license to remove or destroy trees or to engage in
a land disturbing activity, issued by the officer designated to enforce
this section.
Means and includes an individual, firm, corporation, association,
society or partnership, and their agents or employees.
Means one (1) or more contiguous lots in single ownership.
Means and includes all miscellaneous matters such as, but
not limited to, bottles, construction debris, rags, mattresses, worn-out
furniture, old clothes, old shoes, broken glass, leather, carpets,
crockery, rubber, newspaper cartons, tin cans, metals, abandoned automobiles
or parts.
Means any change or alteration in the grade of any land.
Means soil, rock or other mineral or organic material moved
from a place or origin by water, wind, ice, or gravity and deposited
elsewhere.
Means the fine earth material, and any included coarser fragments
of rock and incorporated organic matter, comprising the surface layers
of the earth, in which plants grow and over which people and animals
normally move about.
Means the governmental body organized pursuant to N.J.S.A.
4:24-17.5 et seq. and designated in the New Jersey Soil Erosion and
Sediment Control Act, N.J.S.A. 4:24-39 et seq., for certification
of plans for control of erosion and sedimentation.
Means all soil except topsoil.
Means the top layer of soil [usually eight (8) to ten (10)
inches deep] in which most of the organic matter occurs and where
leaching of the suspended and dissolved solids is the greatest.
Means the person appointed to that position or one acting
for him under his authority.
Means any and all single and multi-trunked plants having
diameters of four (4) inches or more at heights of three (3) feet
above the base of the trunk or of one or multi-trunks, except flowering
dogwood (Conrus florida) which is to be considered a tree if the diameter
is two (2) inches or more at three (3) feet above the base of the
trunk.
[1999 Code § 15.32.030; Ord. No.
O.1965-2017]
a.
No owner, developer, excavator or other person shall move or cause,
allow, permit or suffer to be moved or removed any topsoil or subsoil
in the Township for use other than on the lot from which it shall
be taken, except as otherwise defined or provided for in this section,
unless and until after application to the Township Engineer.
b.
The Township Engineer shall first determine that the excavation,
grading or removal of the amount of soil applied for is necessary
and essential to the development or the improvement of the premises.
Removal of soil from the Township shall only be permitted after the
Township Engineer determines that there exists no alternative location
for said topsoil within the Township. In determining whether there
exists no alternative location, the Township Engineer shall ascertain
from the other departments whether the Township has need to purchase
a quantity of topsoil or, in the absence of such need, whether any
other person or entity within the Township has, in writing, expressed
a willingness to purchase a quantity of topsoil.
[1999 Code § 15.32.040; Ord. No.
O.1965-2017]
Should the Township Engineer find and determine that the excavation,
grading or removal of the amount and type of soil applied for is necessary
and essential to the development or improvement of the premises and
that the applicant has complied with the provisions hereof and all
other applicable ordinances, then the appropriate soil removal permit
may be issued. If the lot is part of an approved subdivision or site
plan presently under construction, then a permit shall be required
only if the soil is to be removed from the subdivision premises or
premises within the site plan.
[1999 Code § 15.32.050; Ord. No.
O.1965-2017]
Applications shall contain the following information in a form
and to a degree to be determined by the Township Engineer.
a.
The names and addresses of the applicant, the owner, the developer
and the excavator.
b.
The lot and block numbers of the land from which soil is to be removed,
as shown on the current Tax Map of the Township.
c.
The location to which soil is to be removed.
d.
The route to be taken during the removal operation.
e.
The reason for removing soil.
f.
The proposed dates for the commencement and completion of the soil
removal, not to exceed three (3) months for any single application.
g.
A map of the lot showing the present contour lines and the proposed
future contour lines resulting from the intended excavation or redistribution
of soil and the location of streams, watercourses or other environmentally
sensitive areas, if different from any such information appearing
on an approved site plan or subdivision.
h.
The amount of soil and/or topsoil to be removed from the site and
the amount of soil and/or topsoil to remain on the site.
i.
Such other pertinent data as the Township Engineer may deem necessary.
[1999 Code § 15.32.060; Ord. No.
O.1965-2017]
a.
In considering the application, the Township Engineer shall be guided
by the following factors:
1.
Soil erosion by water and wind.
2.
Inadequate and improper surface water drainage.
3.
Impairment of soil fertility.
4.
Removal of lateral support of abutting streets and lands.
5.
Creation of dangerous depressions and declivities.
7.
Availability of alternative sites within the Township, as defined
herein.
8.
Such other factors as the Township Engineer may deem necessary or
appropriate in light of the particular application.
9.
The minimum quantity that will require a permit to be issued.
b.
If, after considering the above factors, the Township Engineer determines
that the proposed excavating, grading or removal or redistribution
of soil will not be detrimental to the health, safety and welfare
of the Township or its inhabitants and complies with the terms hereof,
he shall issue the necessary permit. Otherwise, he shall deny the
application and shall notify the applicant. The Township Engineer
shall have thirty (30) days after the application is filed within
which to notify the applicant whether the application has been granted
or denied.
When soil is being removed as part of an application before
the Planning Board or Board of Adjustment, approval of the soil permit
under this section shall be a condition of approval.
[1999 Code § 15.32.070; Ord. No.
O.1965-2017]
If an application is denied, the applicant may appeal the decision
of the Township Engineer by filing a written notice of appeal with
the Township Council within ten (10) days after receiving the notice
of denial of the application.
[1999 Code § 15.32.080]
A fee of two hundred fifty ($250.00) dollars shall accompany
each application to cover the cost incurred in investigating and processing
the application and will be retained by the Township whether the permit
is issued or denied.
[1999 Code § 15.32.090; Ord. No.
O.1965-2017]
Before the permit is issued, the applicant shall file with the
Township Engineer cash, certified check, letter of credit or a bond
executed by the applicant as principal and a surety company licensed
to do business in the State of New Jersey as surety unless the applicant,
owner or developer has previously posted such security covering the
work to be performed hereunder in connection with an approved subdivision
or site plan. The amount of the bond shall be determined by the Township
Engineer but in no event shall be less than one thousand ($1,000.00)
dollars and shall be conditioned as follows:
a.
That the applicant will complete the work authorized by the permit
in conformity with the terms of the permit and the provisions of this
section on or before the date of completion set forth in the application.
b.
That the applicant will repair any public street, structure or land
which may be damaged as a result of the work authorized by the permit.
[1999 Code § 15.32.100; Ord. No.
O.1965-2017]
a.
Soil removal or redistribution conducted under a permit issued under
this section shall be in accordance with the following regulations:
1.
Operations shall be conducted so that there shall be no sharp declivities,
pits or depressions.
2.
Lands shall be graded so as to conform to the approved contour lines
and grades and shall be cleared of debris.
3.
A minimum of six (6) inches of topsoil shall remain over the entire
lot from which soil was removed, except for those portions of the
lot occupied by a building or structure or pavement, in accordance
with the approved plans and specifications for the development thereof,
upon completion of the intended construction.
4.
All of the work described in this section shall be performed between
the hours of 8:00 a.m. and 4:30 p.m., Monday through Saturday. Where
possible, work should be performed during regular business hours of
the Township Engineer so that appropriate inspections may be accomplished.
5.
Adequate measures shall be taken to prevent erosion and sedimentation
of soil upon surrounding lands, streets, municipal facilities, bodies
of water or waterways, in accordance with the provisions of the Freehold
Soil Conservation District. No soil shall be removed during periods
of rain or other precipitation or within forty-eight (48) hours thereafter.
No soil removal operation shall commence without the approved SCS
plan from the Freehold Soil Conservation District.
6.
Township Engineer shall be notified at least forty-eight (48) hours
before the removal of soil begins.
b.
An accounting of the soil removed shall consist of inspection by
the Township Engineer of the receipts given the applicant by the excavator
for the soil removed. The receipts shall record the type and amount
of soil taken, the date it was removed and the capacity of the truck.
A final written estimate of the amount removed shall be submitted
by the applicant. The Township Engineer must be satisfied that the
inspected receipts account for all of the amounts indicated in final
estimate.
[1999 Code § 15.32.110]
Nothing in this section shall be deemed to apply to any licensed
sand bank, pit or quarry, except to the extent that the operator of
any such sand bank, pit or quarry seeks to remove topsoil, in which
case this section shall be fully applicable.
[1999 Code § 15.32.120]
Nothing in this section shall be construed to prevent the Township
from taking injunctive proceedings to restrain removal of soil as
described in this section.
[1999 Code § 15.32.130]
Any officials from the Township and their agents shall have
the right at all times to inspect any property where a permit has
been issued under this section.
[1999 Code § 15.32.150]
Topsoil, which is to remain for future use, shall be stored
and maintained at designated locations within the permit area, in
accordance with Chapter XXV, Trees, to regulate and control the destruction
and removal of trees, the movement of topsoil, erosion of soil and
sedimentation in the Township of Edison.
[1999 Code § 15.32.150; New]
Any person, firm or corporation who or which shall violate any provision of this section shall be liable, upon conviction, to the penalty stated in Chapter I, Section 1-5.
[1999 Code § 15.32.160]
No owner, agent, lessor, lessee, tenant or occupant of any lot,
grounds, street, road or alley in the Township of Edison shall deposit
thereon or permit the depositing thereon of any animal or vegetable
substance or garbage or refuse or dirt gathered in cleaning sewers,
or waste of mills or factories, or any materials which are offensive
to health or tend to decay, to become putrid or to render the atmosphere
impure or unwholesome.
[1999 Code § 15.32.170; Ord. No.
O.1965-2017]
No owner, agent, lessor, lessee, tenant or occupant of any lot,
grounds, street, road or alley in the Township of Edison shall deposit
thereon or permit the depositing thereon of any approved soil material
unless a permit is issued by the Township Engineer. Exempt from the
provision of this section shall be the following:
a.
Select fill for septic installation and/or repair certified to be
such by a New Jersey licensed engineer; or
b.
Routine landscaping activities that do not require in excess of ten
(10) cubic yards of approved soil material conducted in connection
with residential use not subject to any other permitting requirements
set forth in the Code of the Township of Edison. Any materials used
in activities permitted herein shall nevertheless conform with all
applicable, local, State and Federal regulations.
[1999 Code § 15.32.190]
Unless otherwise exempt under the terms of this section, no permit to deposit approved soil material upon or used to fill up or raise the surface of any lot, grounds, street, road, or alley in the Township of Edison shall be issued unless the applicant submits proof that the approved soil material has been tested in conformance with subsection 32-2.6 and that it complies with the Soil Ranking Criteria found in N.J.A.C. 7:26F, Appendix C, Table 1, as may be amended from time to time.
[1999 Code § 15.32.200; Ord. No.
O.1965-2017]
The fee for issuance of a permit under this section shall be
two hundred ($200.00) dollars. No permit shall be issued unless the
applicant furnishes to the Township Engineer an approved plot plan,
site plan or subdivision plan as the case may be for the proposed
filling project, the permit fee, and a performance guarantee if not
covered elsewhere. Such guarantee shall be a certified check in the
sum of two hundred ($200.00) dollars made payable to the Township
of Edison to guarantee performance by the applicant of the terms and
conditions of this section, such funds to be released upon inspection
of the fill project and approval thereof by the Township Engineer
as having been done in accordance with the provisions of this section.
The Township Engineer shall have a period of thirty (30) days from
receipt of the application within which to issue or deny the license
application.
[1999 Code § 15.32.210]
In addition to applicable site plan and subdivision requirements,
and the requirements of this section, the placement of approved soil
material shall be performed and maintained in the following manner:
a.
All sediment and soil erosion controls approved by Freehold Soil
Conservation District must be in place and maintained for the duration
of the project;
b.
No approved soil material that would result in the stream encroachment
or interference with wetland areas is permitted; and
c.
Dust control shall be affected as needed by spraying of the exposed
fill material and adjacent surface.
[1999 Code § 15.32.220; Ord. No.
O.1965-2017]
Any approved soil material to be brought into the Township must be tested at the source for compliance with the Soil Ranking Criteria found in N.J.A.C. 7:26F, Appendix C, Table 1, in accordance with subsection 32-2.3, and evaluated by a State Certified Laboratory; further:
a.
All expenses connected with such testing are to be borne by the recipient
of the fill;
b.
The Township Engineer shall have the authority to order additional
reports or inspections as it may deem necessary and appropriate; and
c.
Acceptance or rejection of any approved soil material is to be made
by the Township Engineer according to this section and any additional
rules or regulations it may from time to time enact.
[1999 Code § 15.32.230]
Responsibility for obtaining a permit for approval to deposit
approved soil material is with property owner.
[1999 Code § 15.32.240]
Each permit issued under the terms of this section shall be
valid only for the location(s) described in the permit and for a period
of six (6) months from the date of issuance, subject to renewal.
[1999 Code § 15.32.250]
Any person, firm or corporation who shall violate any provision of this section shall, upon conviction thereof, be liable to the penalty stated in Chapter I, Section 1-5. Every day that a violation continues after due notice has been served, in accordance with the terms and provisions hereof, shall be deemed a separate offense.
[1999 Code § 15.32.260]
This section shall apply throughout the entire area of the Township,
so as to preserve trees and woodlands from unjustifiable destruction;
to preserve soil from erosion and sedimentation; and to protect the
use and transfer of topsoil, all for the general well-being of the
residents of Edison Township and neighboring downstream areas.
[1999 Code § 15.32.270]
Except as otherwise provided herein, no land in the Township
in excess of five thousand (5,000) square feet shall be cleared and
left barren of vegetative protection, whether that protection consists
of trees as defined herein, saplings, shrubs or grasses; and no such
area shall otherwise be disturbed in the soil by bulldozing, earth
moving, filling, leveling or other grading, laying of pipe or cable,
or otherwise by any person, association, corporation, or public agency
without a land disturbance permit first having been obtained as provided
in this section.
[1999 Code § 15.32.280]
Exempted from the provisions of subsection 32-3.2 shall be the following:
a.
Gardening for home consumption.
b.
Agricultural use of land under a farm program approved by the Freehold
Soil Conservation District or otherwise likely not to result in excessive
erosion and sedimentation.
c.
Construction of a single-family dwelling with accessory structures
approved under the Township Zoning and Subdivision Ordinance, not
causing land disturbance of more than five thousand (5,000) square
feet, provided the same is not part of a subdivision in the process
of being developed or in which building lots are being sold by a developer,
except that such a dwelling would not be exempt if located on a slope
of ten (10%) percent or more or within fifty (50) feet of a stream
or flood hazard area as defined in Chapter XXXI, Natural Area Protection,
and Chapter XXXIII, Flood Damage Prevention and Protection, or standing
bay of water or swamp.
d.
Any of these exemptions, however, may be voided wherever and whenever
the appointed officer deems that the activity does or likely would
cause soil erosion and sedimentation contrary to the purpose of this
section in which case the appointed officer shall require the submission
of plans to correct for said erosion and sedimentation.
e.
The Township of Edison shall be exempt from the provisions of this
section for purposes of soil removal, soil importation and soil disturbance.
[1999 Code § 15.32.290]
An application for approval of a site plan, subdivision or for
a building permit, that adequately shows the land disturbance that
would result and plans for prevention or erosion and sedimentation
and for disposal of topsoil, shall be considered to constitute also
an application for a land disturbance permit, and no additional application
for such a permit shall be required. Applications for subdivision,
site plan approval or a building permit that under State law would
fall within the purview of the Freehold Soil Conservation District
shall be referred to that agency for certification of satisfactory
plans for control of soil erosion and sedimentation and for inspection
to see that those plans are carried out. The land disturbance permit
and the building permit shall not be issued until certification of
the erosion and sedimentation plans has been received from the Soil
Conservation District. Those applications that fall within the purview
of the Soil Conservation District shall be reviewed also by the Township
for assurance that control of erosion are included and for all other
measures that could relate to the health, safety, and general welfare
of the residents of the Township, including preservation of trees
and the use and disposition of topsoil.
[1999 Code § 15.32.300]
An application for a land disturbance permit shall be required
where site plan and/or subdivision approval or a building permit is
not involved. All applications for land disturbance permits not involving
site plan and/or subdivision approval or a building permit shall be
ruled upon by the appointed officer in accordance with the provisions
of this section. Such permits shall be required for but not limited
to the following:
Applications for land clearing, grading, or filling, cutting
out new streets or roads or widening established thoroughfares that
are under the jurisdiction of the municipality, establishing surface
drainage systems, and laying sewer line, water lines, or underground
utility lines through open space, fields, and woods where there is
no pavement or managed lawn to be readily restored.
[1999 Code § 15.32.310]
All applications for land disturbance permits other than those
submitted in connection with subdivision or site plan approval, shall
include the following:
a.
The name of the applicant, the locations of the property on which
the land would be disturbed, including the sheet, block, and lot numbers
on the tax map, and the purpose for the disturbance.
b.
The location and description of existing natural and man-made features
of the site and of adjacent areas. Natural features to be described
shall include trees and other vegetation, topography, soils, geology,
and drainage. Representation of topography shall include a contour
drawing with intervals of one (1) foot where slopes are three (3%)
percent or less; two (2) feet where slopes are more than three (3%)
percent but less than fifteen (15%) percent; and five (5) feet where
slopes exceed fifteen (15%) percent. Soil information shall include
a print or transcript from the soil survey of Middlesex County, obtainable
from the Freehold Soil Conservation District. Besides marshes, ponds,
streams, and flood areas, as well as related soil information, drainage
data shall include where, if anywhere, surface water comes onto the
property from adjacent lands and where, if anywhere, it flows from
the property to which the application applies onto adjacent property.
Drainage data shall include also man-made surface drains, such as
ditches and culverts with information on their dimensions or capacities,
and it shall likewise show systems of man-made underground drainage.
c.
Location and description of proposed changes in the site, including
changes, if any, in the form and percent of slope and in drainage.
d.
Plans for control of soil erosion and sedimentation.
e.
A schedule of the sequence of installation or application of planned
measures for control of soil erosion and sedimentation, as related
to the progress or the project, including the starting and completion
dates.
f.
Separate erosion and sedimentation control plans for each proposed
final section of the tentative plans.
g.
All proposed revisions of required data submitted to the appointed
officer for approval with copies provided for the Township Engineer
and the Environmental Commission.
h.
The use to be made of the topsoil.
[1999 Code § 15.32.320]
In determining whether to approve or disapprove an application
for a land disturbance permit the appointed officer shall consider
the following factors:
a.
Retention of natural vegetation wherever practicable.
b.
Disturbance over areas no larger than are reasonably necessary.
c.
Exposure of land to erosion for as little time as appears reasonable.
d.
Treatment and use to be made of topsoil.
e.
Seeding, sodding, mulching, or use of other stabilizing measures
to protect exposed areas during construction and at other times of
land disturbance. Seeding and other vegetative measures shall be evaluated
according to specified varieties of seed, fertilization, and other
treatments.
f.
Use of temporary measures when permanent measures will not be completed
in a short period of time, as within thirty (30) days.
g.
Diversion, vegetative buffers, mulching, sodding, or other measures
to check or to divert runoff and to gather sediment from runoff by
interrupting slopes, by blanketing waterways, or by checking in some
other way the flow of water and the movement of soil.
h.
Retention of rainfall on site, to the extent practicable, for recharge
of ground water and lessening the risk of flooding.
i.
Control of increased runoff resulting from modified soil and surface
conditions from the construction, according to the Township Zoning
and Subdivision Ordinance.
j.
Retention of sediment on site to the maximum extent feasible.
k.
Installation of diversions, sediment basins, and other control measures
prior to any on-site disturbances except the disturbance that is necessary
for the construction of said measures.
l.
Control of erosion and sedimentation over all aspects of a project
and during all stages from beginning through the completion.
m.
Assurance of lasting stabilization of the soil after construction.
[1999 Code § 15.32.330]
a.
Applications for tree removal and land disturbance permits involving
the issuance of subdivision, site plan and/or a building permit shall
be processed during and by the regular procedures for review of said
subdivision, site plan and/or building permit applications. When all
requirements under this section have been met, permits for the activity
shall be issued. If a building permit is denied, the tree removal
and land disturbance permits pertaining thereto shall be denied. No
building permits shall be issued without the issuance of any permits
required under this section.
b.
Applications for tree removal and land disturbance permits not involving
the issuance of subdivision, site plan approval and/or building permits
shall be reviewed by the Environmental Commission. Recommendations
from the Environmental Commission which shall not be binding shall
be forwarded to the appointed officer within fifteen (15) days of
the receipt of the application by the Commission. In the absence of
said recommendations the appointed officer shall grant or deny said
application in accordance with this section.
c.
All approved tree removal and land disturbance permits not issued
in conjunction with subdivision, site plan approval and/or building
permit shall expire at the end of six (6) months from the date of
issuance unless extended on application for an additional six (6)
month period.
d.
An environmental impact assessment pursuant to the Zoning and Subdivision
Ordinance may be required on any application for tree removal or land
disturbance, with or without a building permit.
[1999 Code § 15.32.340]
The appointed officer may require Performance Bonds according
to size and nature of projects to be administered by the Township
according to this section for preservation of trees, control of erosion
and sedimentation, and disposal of topsoil.
[1999 Code § 15.32.350]
a.
The Township shall provide for inspection of projects involving preservation
of trees and control of soil erosion, sedimentation, and disposal
of topsoil. To this end, the Township may enter into working agreements
with the Soil Conservation District for sharing in the inspections
of projects certified by the District. All other projects for which
conservation permits are required according to this section shall
be made subject to inspections by the Township at any time. The inspector
shall certify that installation and practices are or are not in compliance
with performance principles and standards prescribed by this section
and with any specific requirements that have been stated as conditions
of approval of the application. With projects for which Performance
Guarantees have been posted, the applicant shall be required to have
a certified plan and permit on site during construction or other operations
and to show the same to any agency or agent of the Township or the
Soil Conservation District whenever requested to do so.
b.
The Appointed Officer may issue a stop operations order if a project
is not being executed in accordance with the certified plan, whether
that plan is one certified and administered by the Soil Conservation
District or one administered wholly by the Township. This provision
is in accordance with the State Soil Erosion and Sediment Act, N.J.S.A.
4:24-39 et seq.
c.
As stated in Section 11 of the State Soil Erosion and Sediment Act,
no certificate of occupancy for a building shall be issued by the
Township unless there has been compliance with the provisions of a
certified plan for permanent measures to control soil erosion and
sedimentation in accordance with this section. A formal report of
such compliance must be filed with the municipal agent authorized
to issue certificates of occupancy, and a copy of the report shall
be sent to the Soil Conservation District.
d.
The Township may, within thirty (30) days after date of a report
of such compliance, release in whole or in part any Performance Bond
it is holding, depending upon the Township's assessment of need
to withhold all or a portion of the bond to assure full compliance
with requirements and adequate maintenance of the facilities.
[1999 Code § 15.32.360]
a.
With a Building Permit, Subdivision or Site Plan Approval:
1.
For all applications to be certified by the Soil Conservation District:
(a)
The fee required by the District shall be paid, which fee shall
be paid directly to the District unless, by a special working agreement
between the District and the Township, the Township would receive
said fee on behalf of the District.
(b)
Also an additional Township fee may be required for Township
participation with the District in enforcing this section, the amount
of said fee to be determined.
2.
With a Building Permit but not for Certification by the Soil Conservation
District: ten ($10.00) dollars.
3.
Without a Building Permit, Subdivision or Site Plan Approval - Fifty
($50.00) dollars for one (1) acre; ten ($10.00) dollars for every
acre over one (1) acre and up to and including twenty (20) acres;
five ($5.00) dollars for every acre and fraction thereof over twenty
(20) acres.
[1999 Code § 15.32.370]
Whenever the appointed officer shall deny any application for
a permit, the applicant may appeal the denial to the Township Council
by filing a written notice of appeal with the Township Clerk within
ten (10) days after receiving written notice of the denial of such
application. The Township Council shall thereafter hold a public hearing
on the matter in accordance with rules or procedures to be established
by the Township Council and may modify, affirm or reverse the decision
of the appointed officer.
[1999 Code § 15.32.380]
Any person, partnership, association, organization, company, firm, corporation, industry, public agency, legal entity, or other party violating or causing to be violated any of the provisions of this section, shall, upon conviction, be liable to the penalty stated in Chapter I, Section 1-5 for each violation of this section. Each and every day such violation continues shall be considered a separate and distinct violation.
Violations subject to the jurisdiction of the Soil Conservation
District will be subject to such penalties as the District might levy.
[1999 Code § 15.32.390]
Each application for tree removal or land disturbance permit
shall be deemed to be authorization by the applicant for the appointed
officer, the Township Engineer, the Environmental Commission, the
Department of Planning and Zoning, the Soil Conservation District,
and the Bureau of Forestry of the State, or a representative of any
one of them, to enter upon the land referred to in the application
for inspections contemplated by this section, for both consideration
of approval and review of operations if approval is granted. If the
applicant is not the owner of the land, said applicant shall furnish
with the application a sworn authorization from the owner for such
entry.
