A.
No site plan shall be approved, no street shall be constructed, no
changes shall be made in the contour of the land, and no grading,
excavating or removal or destruction of topsoil, trees or other vegetative
cover of the land shall be commenced by any developer until such time
that a plan for soil erosion and sediment control has been processed
and approved by the Borough Planning Board or there has been a determination
by the Planning Board that such plans are not necessary. Soil erosion
and sediment control plans are not required in the following instances:
(1)
Disturbances of 5,000 square feet or less of the surface area of
the land;
(2)
Construction of structures for which a building permit would not
be required under the Standard Building Code of the State of New Jersey;
(3)
Single-family dwellings which are not part of a subdivision; and
(4)
Agricultural use of land when operated in accordance with a conservation
plan approved by the local Soil Conservation District, or when it
is determined by the local Soil Conservation District that such agricultural
pursuits will not cause excessive erosion and sedimentation.
B.
No subdivision, site plan or land development plan shall be approved
unless:
(1)
There has been a plan approved by the Planning Board that provides
for soil erosion and sediment control consistent with this section
and an improvement bond (or other acceptable security) has been deposited
with the Borough in the form of an escrow guarantee which will ensure
installation and completion of the required improvements in accordance
with Borough specifications; or
(2)
There has been a determination by the Borough Planning Board that
a soil erosion and sediment control plan is not necessary.
Soil erosion and sedimentation control measures used to control
erosion and reduce sedimentation shall, as a minimum, meet the standards
and specifications for soil erosion and sediment control as adopted
for use by the Monmouth County Soil Conservation District. The Borough
Engineer shall ensure compliance with the appropriate specifications,
copies of which are on file at the Municipal Building of Oceanport
Borough and are available from the Soil Conservation District.
A.
Procedures for applications for soil erosion and sedimentation control
permits.
(1)
As part of the site plan and/or subdivision review process, or for
any land development plan, or for any other activity requiring a soil
erosion and sedimentation control permit, a plan shall be submitted
which clearly shows on a suitable map the location of the proposed
action, the total area of the development, the total amount of earthwork
in cubic yards, existing topography, the location of floodplains,
wetlands, and any other information required by the Planning Board.
The plan shall be prepared by a licensed professional engineer, land
surveyor, architect, professional planner, or landscape architect
and shall conform to the submission requirements noted below.
B.
Plan review and action.
(1)
Where a soil erosion and sediment control plan is required, the applicant
shall submit such plan to the administrative officer in accordance
with the provisions of this chapter. If the plan is submitted concurrent
with and as part of a site plan or subdivision approval, the Planning
Board shall either approve or disapprove of said plan within the same
time period as permitted the concurrent development application by
the Municipal Land Use Law. Any extension of this time period agreed
to in writing by the applicant for the development application shall
include the same time period extension of the soil erosion and sediment
control plan. If the plan is not submitted concurrent with and as
part of a site plan or subdivision approval, the Planning Board shall
either approve or disapprove of said plan within 60 days of receipt
by the administrative officer of said plan unless, by written mutual
agreement between the Planning Board and the applicant, the said sixty-day
period is extended for an additional period up to 30 days. Approval
by the Planning Board shall constitute authorization for issuance
of a soil erosion and sediment control permit. The failure of the
Planning Board to either approve or disapprove said plan within the
time as provided for above shall constitute approval of said plan
by the Planning Board. For purposes of this section, a major revision
of the plan by the applicant shall constitute a new submission.
(2)
The administrative officer shall provide the applicant with written
notice of such approval or disapproval, a copy of which decision,
stating the name of the applicant, the location of the site [designated
both by street address and by lot and block number(s)] and the proposed
use of the land, shall be sent to the Monmouth County Soil Conservation
District along with other information as requested by the said District.
C.
Performance guarantee required. Prior to the issuance of a building
permit, the developer shall have filed with the Borough a performance
guarantee computed by the Borough Engineer at 120% of the construction
cost to insure the installation of such uncompleted soil erosion and
sediment control measures on or before an agreed date. Construction
costs should be based on prices obtained for government contracts.
Such performance guarantee may be in the form of a performance bond
which shall be issued by a bonding or surety company approved by the
Borough Solicitor; a certified check, returnable to the developer
after full compliance; or any other type of surety approved by the
Borough Solicitor. The performance guarantee shall be approved by
the Borough Solicitor as to form, sufficiency, and execution. Such
performance guaranty shall run for a period to be fixed by the Planning
Board.
D.
Inspection and approval of soil erosion and sediment control measures.
(1)
Prior to and during construction, all soil erosion and sediment control
measures shall be subject to inspection and approval by the Borough
Engineer, who shall be notified by the developer at least 48 hours
prior to the start of construction.
(2)
When all of the necessary and appropriate soil erosion and sediment
control measures have been completed, the developer shall notify the
Planning Board in writing, by certified or registered mail, of the
completion of the aforesaid soil erosion and sediment control measures
and shall send a copy thereof to the Borough Engineer. The Planning
Board shall then direct and authorize the Borough Engineer to inspect
all of the aforesaid soil erosion and sediment control measures. The
Engineer shall, thereupon, file a written report to the Planning Board.
Said report shall be detailed and shall indicate either approval,
partial approval, or rejection. If said soil erosion and sediment
control measures, or any portion thereof, shall not be approved or
shall be rejected by the Borough Engineer, said report shall contain
a statement of reasons for such nonapproval or rejection. Where said
report indicates partial approval of said soil erosion and sediment
control measures, it shall indicate the cost of the soil erosion and
sediment control measures for which approval is rejected or withheld.
Where partial approval is granted, the developer may be released from
all liability pursuant to its performance guarantee bond, except for
that portion adequately sufficient to secure the soil erosion and
sediment control measures not yet approved.
(3)
No approval for occupancy of any building shall be granted unless
all needed soil erosion control measures have been completed or substantially
provided for in accordance with this chapter. The developer shall
bear the final responsibility for the installation and construction
of all required soil erosion and sediment control measures according
to the provisions of this chapter.
(4)
The developer shall, immediately prior to the release of the performance
guarantee, unless relief is granted by the Planning Board, post with
the Borough a maintenance guarantee for a period not to exceed two
years in an amount not to exceed 15% of the cost of the improvement
or of the permanent installation.
(5)
Whenever sedimentation is caused by stripping vegetation, regrading
or other development, it shall be the responsibility of the developer
causing such sedimentation to remove it from all adjoining surfaces,
drainage systems and watercourses and to repair any damage at his
expense. All such work shall be done immediately.
(6)
Maintenance of all drainage facilities and watercourses within the
development is the responsibility of the developer until the final
facilities are accepted by the Borough or such other entity as approved
by the Borough Council.
(7)
It is the responsibility of the developer doing any action on or
across a communal stream, watercourse or swale, or upon the floodplain
or right-of-way during the pendency of the activity, to return it
to its original or equivalent condition after such activity is completed.
(8)
Maintenance of drainage facilities or watercourses, including public
drainageways originating and completely on private property, is the
responsibility of the landowner to their point of open discharge at
the property line or at a communal watercourse within the property.
A.
General plan contents. At a minimum, the soil erosion and sediment
control plan shall contain:
(2)
A time schedule indicating the anticipated starting and completion
dates of the development sequence and the time of exposure of each
area prior to the completion of effective soil erosion and sediment
control measures. A sequence of construction is to be included on
the plan showing major items of construction and the installation
of various sediment control devices.
(3)
The County Soil Conservation District requires the Borough to obtain
from the applicant the following for transmittal to the County District:
(a)
A database summary sheet for any basins to be installed.
(b)
For sites over five acres and for mining operations, a request
for general permit authorization for stormwater discharge shall be
completed and submitted by the applicant with a $200 check made out
to the "Treasurer, State of New Jersey" prior to the release of final
plans by the Borough.
(c)
Copies of any HEC II studies (diskettes) should be submitted,
if applicable.
B.
General design principles. The following principles are effective
in minimizing soil erosion and sedimentation and shall be included,
where applicable, in the soil erosion and sediment control plan:
(1)
Stripping of vegetation, regrading or other development shall be
done in such a way that it will minimize soil erosion.
(2)
Whenever feasible, natural vegetation shall be retained, protected,
and supplemented.
(3)
The disturbed area and the duration of exposure shall be kept to
a practical minimum.
(4)
Temporary seeding and/or mulching shall be used to protect exposed
critical areas during development.
(5)
Provisions shall be made to accommodate the increased runoff caused
by changed soil and surface conditions during and after development.
(6)
Sediment in the runoff water shall be trapped until the disturbed
area is stabilized by the use of sediment basins or other methods
acceptable to the Borough Engineer.
(7)
Diversions and sediment basins shall be constructed prior to any
on-site grading or disturbance of existing surface material.
(8)
Banks and beds of temporary and permanent watercourses shall be stabilized.
C.
Grading and drainage practices. In order to provide more suitable
sites for building and other physical features, improve surface drainage
and control erosion, the following requirements shall be met:
(1)
The yards of every structure shall be graded to secure proper drainage
away from buildings and dispose of it without ponding, and all land
within a development shall be graded to drain and dispose of surface
water without ponding, except where approved by the Planning Board.
Minimum 5% slopes for 10 feet away from structures shall be required.
(2)
All drainage provisions shall be of such design as to collect on-site
runoff and carry surface waters to the nearest practical street, storm
drain or natural watercourse. Where drainage swales are used to deliver
surface waters away from buildings, the swales shall be sodded and
shall be of such slope, shape and size as conform with specifications
of the Borough.
(3)
Concentration of diffused natural water flow shall only be permitted
in swales or watercourses.
(4)
Excavations and fills.
(a)
No excavation shall be made with a cut face steeper in slope
than 1.5 horizontal to one vertical [66%], except as approved by the
Borough Engineer when handled under special conditions.
(b)
No fill shall be placed which creates any exposed surface steeper
in slope than two horizontal to one vertical [50%], except as approved
by the Borough Engineer when handled under special conditions.
(c)
Adequate provisions shall be made to prevent surface water from
damaging the cut face of excavations or the sloping surfaces of fills.
(d)
Retaining walls or cribbing shall be required where needed to
prevent the surface of excavations or fills from exceeding at any
point the maximum allowable slope.
(e)
Excavations shall not be made so close to property lines as
to endanger adjoining property without supporting and protecting the
face of the excavation.
(f)
No fill shall be made so as to cause settlement, sliding or
erosion of the soil.
(g)
No fill shall be made or placed adjacent to the bank of a channel
so as to create bank failure or sliding.
(h)
Slopes steeper than three feet horizontal to one foot vertical
will need to be stabilized by means other than topsoil and seeding.
Other requirements will govern basins and stormwater channels.
D.
Design standards. Standards and specifications for measures used
in the soil erosion and sediment control plan shall be in accordance
with the Standards for Soil Erosion and Sediment Control in New Jersey,
adopted by the Monmouth County Soil Conservation District, or by future
standards and specifications adopted by the Soil Conservation District.
Copies shall be on file at the office of the Monmouth County Soil
Conservation District and the Municipal Building of Oceanport Borough.
