[Ord. #78-348, S 1]
a.
Title. This section shall be known as the "Soil Erosion and Sediment
Control Ordinance of the Township of Montgomery".
b.
Purpose. The purpose of this section 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.
[Ord. #78-348, S2; Ord. #87-550, S 1]
As used in this section:
Shall mean a person, corporation, partnership, public utility,
public or quasi-public agency requesting permission to engage in land
disturbance activity.
Shall mean either (1) a written endorsement of a plan for
soil erosion and sediment control by the Somerset-Union Soil Conservation
District which indicates that the plan meets the standards promulgated
by the State Soil Conservation Committee pursuant to Chapter 251,
P.L. 1975, or (2) that the time allotted for such approval in Section
7 of said Act has been expired without action by the District.
Shall mean those areas defined in subsection 16-6.4a of this Code.
Shall mean detachment and movement of soil or rock fragments
by water, wind, ice or gravity.
Shall mean 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 adopted by the Soil
Conservation Committee of the Department of Agriculture, State of
New Jersey.
Shall mean any act by which soil or rock is cut into, dug,
quarried, uncovered, removed, displaced or relocated.
Shall mean a plan which provides for the use of land with
its capabilities and treatment, within practical limits, according
to chosen use to prevent further deterioration of soil and water resources.
Shall mean the floodway and additional portions of the floodplain
that are subject to flood flow at lesser depths and lower velocities
than the floodway and that are inundated by the flood hazard area
designed flood.
Shall mean any ground, soil or earth, including marshes,
swamps, drainage-ways and areas not permanently covered by water within
the Township.
Shall mean any activity involving the clearing, grading,
transporting, storing or filling of land and, in addition, any other
activity which causes land to be exposed to the danger of erosion.
Shall mean any parcel of land separated from other parcels
or portions as by a lawful subdivision or a deed of record, survey
map or by metes and bounds description.
Shall mean delineation of flood hazard areas in Montgomery
Township as set forth in N.J.A.C. 7:13-7.1 and as amended from time
to time; United States, Department of Army Corps of Engineers, Rocky
Hill Quadrangle and Monmouth Junction Quadrangle, 1954 Series-v822AMS
- 6041 -I - NE; Department of Housing and Urban Development, Federal
Insurance Administration Flood Hazard Boundary Maps of Township of
Montgomery, N.J.
Shall mean 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.
Shall mean a certificate issued to perform work or other
activity under this ordinance.
Shall mean solid material, both mineral and organic, that
is in suspension, is being transported or has been moved from its
site of origin by air, water or gravity as a product of erosion.
Shall mean a barrier or dam built at suitable locations to
retain rock, sand, gravel, silt or other material.
Shall mean any plot, parcel or parcels of land.
Shall mean all unconsolidated material and organic material
of any origin.
Shall mean an agency of the State of New Jersey, Department
of Agriculture, established in accordance with the provisions of Chapter
24, Title 4, of the New Jersey Revised Statutes.
Shall mean Somerset-Union Conservation District organized
in accordance with the provisions of Chapter 24, Title 4, of the New
Jersey Revised Statutes.
Shall mean and shall be defined in Standards for Soil Erosion
and Sedimentation Control in New Jersey, as promulgated by the State
Soil Conservation Committee.
Shall mean any natural or artificial watercourse, river,
creek, ditch, channel, canal, conduit, culvert, drain, waterway, gully,
ravine or wash in which water flows in a definite direction or course
either continuously or intermittently, and which has a definite channel
and shall include an area adjacent thereto subject to inundation by
reason of overflow of flood water.
Shall mean any activity which significantly disturbs vegetated
or otherwise stabilized soil surface, including clearing and grubbing
operations.
[Ord. #78-348, S 3; Ord. #87-550, S 1]
a.
No land area shall be disturbed by any person, corporation, partnership,
public utility, public or quasi-public agency within the Township
of Montgomery unless the applicant has obtained either:
b.
Source of Approval.
1.
Cases where certification by Somerset-Union Soil Conservation District
necessary. Certification of a plan for soil erosion and sediment control
must be obtained from the Somerset-Union Soil Conservation District
in cases where the applicant seeks to develop land and where such
development will cause the disturbance of more than 5,000 square feet
of the surface area of land for the accommodation of construction
for which the construction subcode promulgated under the Uniform Construction
Code Act of the State of New Jersey would require a building permit,
except that the construction of a single-family dwelling unit shall
not require such certification unless such construction is part of
a proposed subdivision, site plan, conditional use, zoning variance,
planned unit development or building permit application involving
two or more such single-family dwelling units. In this connection,
no site plan, preliminary plan, conditional use, or variance shall
be submitted to the Planning Board of the Township of Montgomery or
to the Board of Adjustment of the Township of Montgomery pursuant
to the Municipal Land Use Law (Chapter 291, Laws of N.J. 1975) as
implemented by Montgomery Township Ordinances, unless such applications
include a plan for soil erosion and sediment control as certified
to and approved by the Somerset-Union Soil Conservation District.
Until such certification has been obtained, applications for development
as referred to above shall be deemed incomplete.
2.
Cases where applicant shall obtain soil disturbance permit from Township of Montgomery. Except as provided in subsection 14-1.11 (Exceptions) no land area shall be disturbed unless the applicant has obtained from the enforcement officer referred to in subsection 14-1.10, a land disturbance permit and has fully complied with the requirements of this section.
[Ord. #78-348, S 4; Ord. #87-550, S 1]
The applicant must submit a separate soil erosion and sediment control plan for each contiguous site whether the application is directed to the Somerset-Union Soil Conservation District as provided in subsection 14-1.3 a, 1 or to the local enforcement officer as provided in subsection 14-1.3 a, 2. The applicant may, in any case, consult with the Somerset-Union Soil Conservation District in the selection of appropriate erosion and sediment control measures and the development of the plan. Where the application is directed to the Somerset-Union Soil Conservation District pursuant to subsection 14-1.3, a, 1, the applicant shall simultaneously with the filing of the application, submit a copy of the application to the local enforcement officer for his review and comment.
a.
Unless otherwise prescribed by the Somerset-Union Soil Conservation
District pursuant to N.J.S.A. 4:24-39 et seq., such plans shall include
the following:
1.
Location and description of existing natural and manmade features
on and surrounding the site including general topography and soil
characteristics and a copy of the pertinent sheets of the County Soil
Conservation District Soil Survey.
2.
Location and description of proposed changes to the site. Appropriate
contour maps shall be submitted showing existing and proposed contours
of the area from which the material is to be removed.
3.
Measures for soil erosion and sediment control must meet or exceed
"Standards for Soil Erosion and Sediment Control in New Jersey" as
promulgated by the State Soil Conservation Committee. Such standards
shall be on file at the offices of the Somerset-Union Soil Conservation
District and on file with the Township Engineer.
4.
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 completion dates.
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 standard engineering practices.
7.
Complete construction detailing of all erosion control measures.
b.
All proposed revisions of data required shall be submitted to the
appropriate approving authority.
[Ord. #78-348, S 5]
a.
Erosion and sediment control plans with regard to the disturbance of land referred to in subsection 14-1.3a1 shall be submitted directly to the Somerset-Union Soil Conservation District and shall be processed in accordance with N.J.S.A. 4:24-39 et seq.
b.
Applications for the disturbance of land other than those referred to in paragraph a above and in subsection 14-1.11 (Exceptions) shall be reviewed by the enforcement officer hereunder and approved by that officer when in conformance with the "Standards for Soil Erosion and Sediment Control in New Jersey" as promulgated by the State Soil Conservation Committee.
c.
The Montgomery Township enforcement officer shall review applications
submitted to him and shall grant or deny certification within a period
of 30 days of submission of a complete application unless, by mutual
agreement in writing between the Township and the applicant, the period
of 30 days shall be extended for an additional period of 30 days.
Failure to grant or deny certification within such period or such
extension thereof shall constitute certification. For the purposes
of this section, a major revision of the plan of the applicant shall
constitute a new submission. Written notice of the decision of the
enforcement officer shall be provided to the applicant. A copy of
this decision with other required information shall be sent to the
Somerset-Union Soil Conservation District. Such decision shall include:
street address, lot and block number and proposed land use and such
other information as the District may, from time to time require.
The enforcement officer may seek the assistance of the Somerset-Union
Soil Conservation District in the review of plans submitted to him.
[Ord. #78-348, S 6; Ord. #87-550, S 1]
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.
Stripping of vegetation, grading, soil storage or stock piling or
other soil disturbance shall be done in a manner which will minimize
soil erosion.
b.
Whenever feasible, natural vegetation shall be retained and protected.
c.
The extent of the disturbed area and the duration of its exposure
shall be kept within practical limits as specified in "Standards for
Soil Erosion and Sediment Control in New Jersey" as promulgated by
the State Soil Conservation Committee.
d.
Either temporary seeding, mulching or other suitable stabilization
measures shall be used to protect exposed critical areas during construction
or other land disturbance. Temporary measures will be required if
permanent measures will not be completed within 30 days.
e.
Drainage provisions shall accommodate increased run-off, resulting
from modified soil and surface conditions, during and after development
or disturbance. Such provision shall be in addition to all existing
requirements.
f.
Water run-off shall be minimized and retained on the site wherever
possible to facilitate ground water recharge.
g.
Sediments shall be retained on site to the maximum extent feasible.
h.
Diversions, sediment basins, and similar required structures shall
be installed prior to any on-site grading or disturbance.
[Ord. #78-348, S 7]
All necessary soil erosion and sediment control measures installed
pursuant to certified plans or soil disturbance permits shall be adequately
maintained for one year after completion of the approved plan or until
such measures are permanently stabilized as determined by the enforcement
officer. The enforcement officer shall give the applicant, upon request,
a certificate indicating the date on which the measures called for
in the approved plans were completed. It shall be the duty of the
person, persons or legal entity, from time to time owning or controlling
the land which has been disturbed, in accordance with an approved
soil erosion sediment control plan or land disturbance permit to adequately
maintain the same according to the grades approved by said plan and
maintain all other measures, devices and plantings provided for in
said plan in good and effective condition.
[Ord. #78-348, S 8; Ord. #87-550, S 1]
In the event that work required under the land disturbance permit
or certified plan cannot be performed within the time set for completion
and is postponed, a cash bond in the form approved by the Township
Attorney, in an amount equal to the cost of the uncompleted work,
shall be deposited with the Treasurer of the Township of Montgomery,
to guarantee performance, in an amount which shall be determined by
the enforcement officer. Upon failure to complete the work, the Township
of Montgomery shall use the money deposited with the Treasurer to
finish the incomplete portion of the work in accordance with the land
disturbance permit or certified plan. Any unused portion of moneys
deposited shall be returned to the applicant.
[Ord. #78-348, S 9; Ord. #87-550, S 1]
The applicant shall pay directly to the Somerset-Union Soil
Conservation District the required fee in cases where this section
requires certification of a plan for soil erosion by the Somerset-Union
Soil Conservation District. In cases where the applicant must obtain
a soil disturbance permit from the Township of Montgomery the applicant
shall pay a fee of $100 at the time of the filing of his application.
[Ord. #78-348, S 10; Ord. #87-550, S 1]
a.
Enforcement Officer. The Township Engineer of the Township is hereby
designated as the enforcement officer with respect to the provisions
of this section.
b.
Such officer shall inspect the site during its preparation and development
and certify that all control planned measures have been constructed
in accordance with the provisions of the applicant's approved
plan under this section.
c.
The enforcement officer shall issue a stop construction order if
a project is not being executed in accordance with a certified plan.
In addition, in the event of a violation, the Township may, through
its authorized representatives, pursue the remedies set forth in N.J.S.A.
4:24-53.
d.
The applicant, owner or individual in control of the site shall have,
in his possession, a certified plan on site during construction.
e.
A certificate of occupancy shall not be issued unless there has been
compliance with the provisions of the certified plan of land disturbance
permit for permanent measures to control soil erosion and sedimentation.
A formal report of such compliance shall be filed with the municipal
agent authorized to issue certificates of occupancy. A copy of this
report shall likewise be forwarded to the Somerset-Union Soil Conservation
District.
[Ord. #78-348, S 11]
The following activities are specifically exempt from this Chapter:
a.
Agricultural use of lands when operated in accordance with a farm
conservation plan approved by the Somerset-Union Conservation District
or when no determination has been made by the Soil Conservation District
that such use will cause excessive erosion or sedimentation.
b.
Land disturbances involving 1,500 square feet or less.
c.
Land disturbances associated with a new or existing single-family
dwelling on an existing lot, unless the average slope of the area
to be disturbed equals or exceeds 10%, or if the area to be disturbed
is within 25 feet of any of the following:
d.
Use of land for gardening primarily for home consumption.
[Ord. #87-550, S 1]
All lots where fill material is deposited shall have clean fill
and/or topsoil deposited which shall be graded to allow complete surface
draining of the lot into local storm sewer systems or existing natural
drainage courses. No regrading of a lot shall be permitted which would
create or aggravate stagnation or a drainage problem on site or on
adjacent properties or which will violate this chapter. Grading shall
be limited to areas shown on a plan approved pursuant to this chapter
or an approved site plan or subdivision. Any topsoil disturbed during
approved excavation and grading operations shall be redistributed
throughout the site. The requirements of this subsection shall be
enforced by the Township and shall be in addition to the requirements
for soil erosion and sediment control prescribed by the Soil Conservation
District. In any project or site where the requirements of this section
are in conflict with District requirements or the Standards promulgated
by the State Soil Conservation Committee, the latter requirements
shall apply.
[Ord. #78-348, S 12; Ord. #87-550, S 1]
Appeals from decisions made by representatives of the Township
of Montgomery hereunder 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 Township Committee within 30 days
from the date of the appeal. The Township Committee may thereafter
reverse, modify or affirm the decision in question. Notification of
the decision shall be sent to the Appellant in writing within 10 days
of the hearing.
[Ord. #78-348, S 14; New; Ord. #87-550, S 1]
Any person, who shall disturb any land area other than in accordance with an approved soil erosion and sedimentation control plan or plan disturbance permit; or, having commenced the disturbance of any land area in accordance with such approval, shall fail to complete the same; or, being the owner or in control of land which has been disturbed in accordance with such approved plan, shall fail to maintain the same according to the grades approved by said plan, or shall fail to maintain all of the measures, devices and plantings provided for in said plan in effective conditions; shall hereby be guilty of a violation of this section and, upon conviction, shall be liable to the penalty stated in Chapter 1, section 1-5.
[Ord. #78-348, S 15; Ord. #87-550, S 1]
Subsequent amendments to this section shall not be effective
unless approved by the State Soil Conservation Committee.
(RESERVED)
[Ord. #98-939, S 1]
The purpose of this section 14-3 Clearing and Removal of Trees is to control and regulate the indiscriminate or excessive removal of trees on public or conserved property, and the clearing and destruction of wooded areas, and to control, regulate and prevent conditions which cause an increase in stormwater run-off, sedimentation, soil erosion, loss of wildlife habitat, air or noise pollution or inhibit aquifer recharge or impair the ambiance or physical appearance of a neighborhood.
[Ord. #98-939, S 1]
As used in this section:
Shall mean to remove 50% plus one or more of the trees located
in a Forested Area in any one, 365-day period of time.
Shall mean the Montgomery Township Landscape Architect.
Shall mean a biological community dominated by trees and
other woody plants covering a land area of 20,000 square feet or greater.
A forested area includes areas that have at least 100 trees per acre,
of which 50% have a diameter of at least two inches as measured 54
inches from natural ground level.
Shall mean a retail business of which the principal sales
are garden and landscaping related products.
Shall mean an individual, partnership, corporation, firm,
association, or any other entity recognized by law.
Shall mean any tree located on:
Property owned by the Township of Montgomery, including but
not limited to road right-of-way, parks, and open space areas;
Common property owned by a homeowners', condominium or
townhouse association; or
Property that is encumbered by a conservation-purpose deed restriction
or easement, whether or not the property is owned in fee by a public
or private person.
Shall mean to destroy, cut, chop, displace, and shall also
mean to perform any act of tree pruning or thinning, equipment operation,
soil compaction or materials storage, or paving that results in tree
destruction.
Shall mean a tree farm and/or wholesale grower of deciduous
and evergreen trees.
[Ord. #98-939, S 1]
No person shall remove a public tree or clear a forested area
in the Township of Montgomery without having previously obtained a
permit authorizing the removal or clearing from the Enforcement Officer.
[Ord. #98-939, S 1]
A permit shall not be required to remove a public tree or clear
a forested area when:
a.
The removal or clearing is on property subject to an approved woodlot
management program pursuant to the Farmland Assessment Act of 1964,
P.L. 1964, c. 48 or on property used as a garden center or tree nursery;
b.
The removal or clearing is on property located within the Air Safety
Zone established pursuant to the New Jersey Air Safety and Zoning
Act of 1983, P.L. 1993, c. 260.
c.
The public tree is in such condition as to pose imminent danger to
the public health, safety and welfare.
d.
The public tree or forested area is diseased, dead or dying as a
result of natural causes, such as storms, provided, however, that
1.
The person desiring the removal or clearing is the owner of the property
on which the public tree or forested area is located; and
2.
Said person provides prior notification of the proposed removal or
clearing to the Enforcement Officer, and the Enforcement Officer verifies
the diseased, dead or dying condition.
e.
The clearing involves an area no more than 50% but not to exceed
40,000 square feet of an individual residential dwelling lot that
cannot be further subdivided under the zoning standards of this Code.
f.
The clearing involves an area no greater than 20,000 square feet
of a nonresidential lot or residential lot that is subject to further
subdivision under the zoning standards of this Code.
[Ord. #98-939, S 1]
Any person desiring to remove a public tree, or clear a forested
area shall make application to the Enforcement Officer for a permit
to do so. The application shall be on a form supplied by the Township,
and shall contain:
a.
Name and address of property owner;
b.
Name and address of applicant, if other than owner, together with
owner's signed consent to the application;
c.
Identification by street address, and tax lot and block number of
the property to which the application applies;
d.
Map or sketch [photograph] of the area of the property on which the
removal or clearing is proposed;
e.
Identity of public tree or forested area proposed for removal or
clearing;
f.
The purpose of the removal or clearing;
g.
Any proposal for the replacement of the public tree proposed for
removal, or reforestation of the forested area proposed for clearing;
h.
If known to the applicant, the location of any wetlands, flood hazard
areas, and streams on the property;
i.
Signature of applicant.
[Ord. #98-939, S 1]
The application for removal of a public tree or clearing of
a forested area shall be accompanied by a fee payable to the Township
determined as follows:
[Ord. #98-939, S 1]
Following an inspection of the property on which the removal
or clearing is proposed, the Enforcement Officer shall approve or
deny the application, in whole or in part, with or without conditions.
In his/her evaluation of the application, which shall be reasonable,
the following factors shall be considered by the Enforcement Officer:
a.
Factors weighing against approval of the application include:
1.
Adverse impact of the proposed removal or clearing upon quality and
quantity of stormwater run-off;
2.
Increase in air or noise pollution from proposed removal or clearing;
3.
Loss of wildlife habitat from proposed removal or clearing;
4.
Increase in soil erosion and sedimentation from proposed removal
or clearing;
5.
Inhibition of aquifer recharge from proposed removal or clearing;
6.
Adverse impact upon growth and development of remaining vegetation
on the property and upon neighboring properties;
7.
Whether the applicant's purpose in applying for tree removal
or clearing can reasonably be achieved without the proposed tree removal
or clearing.
b.
Factors weighing in favor of approval include:
1.
Whether a public purpose is furthered by the proposed removal or
clearing;
2.
Proposed tree replacement or reforestation that enhances wildlife
habitat, lessens air or noise pollution, promotes aquifer recharge,
decreases area soil erosion and sedimentation, or improves area stormwater
run-off conditions;
[Ord. #98-939, S 1]
The failure of the Enforcement Officer to act upon a complete
application for tree removal or clearing within 14 days shall constitute
an approval of the application, unless the applicant has consented
to an extension of said time period.
[Ord. #98-939, S 1]
Any person who removes a public tree without having first obtained a permit, or does so in violation of any condition of such a permit shall replace the removed public tree on the property at a two-to-one ratio. As an example, if a thirty-inch diameter public tree is removed, trees having a combined diameter of 60 inches shall be planted in its place. Any person who clears a forested area without having first obtained a permit, or does so in violation of any condition of such permit, shall restore the cleared area to a forested area by the planting of new trees, except that an area equivalent to 20,000 square feet need not be restored, the location of said area to be determined by the Enforcement Officer consistent with the guidelines set forth in subsection 14-3.7. All trees planted pursuant to this subsection shall have a minimum diameter of two inches as measured six inches above grade, and shall be of a species similar to the removed or cleared trees. In the event such replacement or restoration cannot reasonably be accomplished on the property where the removal or clearing occurred, with the approval of the Enforcement Officer, the person who effected the removal or clearing without a permit may deposit a sum equivalent to the value of the replacement trees required hereunder and the cost of their planting as determined by the Enforcement Officer, using the wholesale prices of a local nursery as multiplied by a factor of 2.5, in an account maintained and used by the Township for purpose of tree planting and reforestation. The Township may institute a civil action to compel replacement, as herein provided, if the person who effected the tree removal or clearing does not complete the herein-required tree replacement or make the herein described money deposit.
[Ord. #98-939, S 1]
An applicant aggrieved by a condition attached to a permit or the denial of a permit application by the Enforcement Officer, or any person subject to a determination of the Enforcement Officer pursuant to subsections 14-3.4d2 or 14-3.7 and aggrieved thereby, may appeal to the License Appeals Board. An appeal shall be taken by filing a written statement with the Township Clerk and Enforcement Officer which statement shall fully set forth the matter under appeal and the grounds for the appeal. The License Appeals Board shall then set a time and place for hearing of the appeal, notify the applicant, conduct the hearing and affirm, modify or reverse the matter appealed. The License Appeals Board shall have the right, however, to refuse to hear or decide any appeal which has not been filed within 14 days after the applicant had notice of the matter as to which the appeal has been taken. The decision of the License Appeals Board on such matter shall be final and conclusive.
[Ord. #09-1341, S 1]
a.
A Tree Replacement Fund is hereby established to receive and disburse
contributions for replacement trees and shrubs under the supervision
of the Township Committee with the advice of the Enforcement Officer.
The Tree Replacement Fund shall be the depository of all monies paid
to the Township pursuant to this section, and may also accept contributions
for its purposes from private sources. All funds remitted to the Township
shall be deposited and maintained in a separate designated bank account.
b.
The primary purpose of the Tree Replacement Fund is to provide for
the replacement, planting and maintenance of trees and woody shrubs
on public property in the Township. The Township Committee, with the
advice of the Enforcement Officer, shall authorize appropriations
from the Tree Replacement Fund.
[Ord. #98-939, S 1; Ord. #09-1341, S 1]
Each tree that is removed or cleared in violation of this section
shall constitute a separate violation.
