[HISTORY: Adopted by the Mayor and Council of the Borough of Mendham 11-4-1974
as Ch. 85 of the 1974 Code. Amendments noted where applicable.]
The purpose of this chapter is to provide measures to control, minimize
and protect against soil erosion and resulting sedimentation which can occur
during periods of land disturbance.
As used in this chapter, the following terms shall have the meanings
indicated:
A channel with or without a supporting ridge on the lower side constructed
across or at the bottom of a slope.
The wearing away of land by the action of wind, water, gravity or
ice.
Any act by which land or rock is cut into, dug, quarried, uncovered,
removed, displaced or relocated.
The vertical location of the existing surface of land prior to grading,
excavation or other activity which may, or does, change that vertical location.
Any stripping, cutting, filling or stockpiling of land, or any combination
thereof.
Any ground, soil or earth, including marshes, swamps, drainageways
and areas not permanently covered by water, within the municipality.
Any activity involving the clearing, grading, transporting, filing
or excavation of land or any other activity which causes land to be exposed
to the danger of erosion.
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.
The existing ground surface of land prior to any grading, excavation
or other land disturbance.
Any natural person or legal entity.
Solid material, both mineral and organic, that is in suspension,
is being transported or has been moved from its site or origin by air, water
or gravity as a product of erosion.
A barrier or dam built across a waterway or at suitable locations
to retain rock, sand, gravel, silt or other material.
All unconsolidated mineral and organic material of whatever origin
that overlies bedrock and can be readily excavated.
The Morris County Soil Conservation District which is a governmental
subdivision of this state organized in accordance with the provisions of Chapter
24, Title 4 of the New Jersey Revised Statutes (N.J.S.A. 4:24-1 et seq.).
Standards for Soil Erosion and Sediment Control in New Jersey as
promulgated by the State Soil Conservation Committee.
[Added 12-28-1976 by Ord. No. 16-76]
Any activity which removes or significantly disturbs the vegetative
surface cover of land, including clearing and grubbing operations.
Stabilization of erosive or sediment-producing areas of land by covering
the soil with either one or more of the following:
Any natural or artificial watercourse, stream, river, creek, ditch,
channel, canal, conduit, culvert, drain, gully, ravine, wash or other waterway
in which water flows in a definite direction or course, either continuously
or intermittently, within a definite channel, and shall include any area adjacent
thereto subject to inundation by reason of overflow or floodwater.
A.
Application requirements and procedure.
[Amended 12-28-1976 by Ord. No. 16-76]
(1)
No application to the Planning Board, Zoning Board of
Adjustment or Construction Official of the Borough for any of the following
approvals shall be granted unless and until a soil erosion and sediment control
plan shall have been submitted to and approved by the Planning Board, or if
an application is properly before the Board of Adjustment, the Board of Adjustment
shall have the right to review and approve the plan:
[Amended 5-16-1994 by Ord. No. 8-94]
(a)
Preliminary (tentative) approval of a major subdivision.
(b)
Final approval of a major subdivision.
(c)
Site plan approval.
(d)
Zoning variance or special exception, involving the disturbance
of more than 5,000 square feet of surface area of land.
(e)
Planned unit development proposal.
(f)
Building permit when more than 5,000 square feet of surface
area of land is involved, except that a soil erosion and sediment control
plan shall not be required for a single-family dwelling unit.
[Amended 6-7-1999 by Ord. No. 115-99]
(2)
Review and decision shall be made within a period of
30 days of submission of a complete application unless, by mutual agreement,
in writing, between the municipality and the applicant, this period is extended
for an additional 30 days. Failure of the municipality to make a decision
within such period or such extension thereof shall constitute certification
that the soil erosion and sedimentation control plan meets the required standards.
(3)
The applicant shall be provided with written notice of
such decision by the Borough. A copy of such decision, including the name
of the applicant, the site location by street address and block and lot number
and the proposed land use, shall be sent to the Morris County Soil Conservation
District. The municipality shall also make available such other information
as may be required by the District.
B.
In situations where none of the above subdivision or
site plan approvals are required, it shall be unlawful for any person to create
or cause any land disturbance which poses the risk of or which may reasonably
be anticipated to result in material, substantial, harmful or otherwise detrimental
soil erosion or sedimentation of or to any land or watercourse unless and
until a soil erosion and sediment control plan shall have been submitted to
the Planning Board for review and recommendation to the Municipal Council.
The Municipal Council must approve any soil disturbance where subdivision
or site plan approval is not required.
[Amended 6-7-1999 by Ord. No. 115-99]
A.
The soil erosion and sediment control plan shall comprise
a map and written report, together with whatever other instruments, writings,
drawings, plans or specifications are necessary or appropriate under the circumstances,
which fully and adequately describe both temporary and permanent measures
to be employed to control, minimize and protect against soil erosion and sedimentation
from a proposed land disturbance, taking into account the particular nature
and characteristics of the land, the surrounding area, the watercourse, the
land disturbance and the planned development involved. The plan 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 final grading and the installation of permanent improvements.
It shall accordingly include a timing schedule or schedules indicating both:
(1)
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.
B.
Soil erosion and sediment control measures may, as a
minimum, utilize and meet applicable standards as hereinabove defined.
[Added 12-28-1976 by Ord. No. 16-76]
C.
In addition, to the extent applicable in particular situations,
the following measures or considerations shall be incorporated in the soil
erosion and sediment control plan:
(1)
The smallest practical area of land shall be exposed
at any one time during development, and the duration of such exposure shall
be kept to a practical minimum.
(2)
Whenever feasible, natural vegetation and the natural
ground surface shall be retained and protected.
(3)
Temporary vegetative protection, plant cover and/or mulching
shall be used to protect critical erosion areas during development.
(4)
Diversions and outlets, both temporary and permanent,
shall be constructed and/or installed to accommodate the increase runoff caused
by the changed soil and surface conditions during and after development.
(5)
Disturbed soil shall be stabilized as quickly as practicable.
(6)
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.
(7)
Whenever feasible, development shall preserve salient
natural features and existing grades, thereby keeping grading, stripping and
excavation to a minimum.
(8)
Adequate provisions shall be made to minimize surface
water from damaging slopes and embankments. Cutoff ditches or diversions may
be utilized for this purpose.
(9)
Fill shall be placed and compacted so as to minimize
sliding or erosion and shall not encroach on watercourses.
(10)
Fill placed adjacent to a watercourse shall have suitable
protection against erosion for all-weather stream flow conditions and particularly
during periods of flooding.
(11)
During grading operations, methods for dust control will
be exercised.
(12)
During grading, excavation and other construction activities,
slopes and embankments shall be stabilized by mulching with straw sprayed
with an asphalt mixture or jute matting staked in position or a seeding of
annual ryegrass or other acceptable method.
(13)
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 practically possible.
(14)
Permanent improvements, such as roads, catch basins,
curbs and the like, shall be installed or constructed, and completed, as soon
as practically possible.
[1]
Editor's Note: Former § 179-4, Waiver of submission
of plan, which immediately preceded this section, was repealed 12-28-1976
by Ord. No. 16-76.
A.
In considering and approving a soil erosion and sediment
control plan, the Planning Board or Zoning Board of Adjustment:
[Amended 5-16-1994 by Ord. No. 8-94]
(1)
Shall have the right, among other things, to fix 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
and sedimentation, and may require that such work or measures be completed
prior to any site development work.
(2)
Shall provide for the posting of performance guaranties and maintenance bonds in the same manner as provided in Chapter 195, Subdivision of Land and Site Plan Review.
(3)
May refer the plan to the Soil Conservation District,
and/or to any other qualified governmental agency or agencies, for review
and may take no action on the plan until after a report has been received
from said district or such other agency or agencies.
(4)
May impose lawful conditions or requirements necessary
or desirable to proper implementation of the plan and of the purpose and intent
of this chapter.
B.
After a soil erosion and sediment control plan has been approved, it shall be unlawful for the applicant therefor (or any person performing services in implementing the plan) knowingly to deviate from, change, amend or modify the plan in any way, except in accordance with the provisions of Subsection C below.
C.
Minor changes, amendments or modifications to a soil
erosion and sediment control plan required as a result of conditions in the
field during construction may be approved by the Borough Engineer, who shall,
in turn, notify the Planning Board or Zoning Board of Adjustment thereof.
Major changes, amendments or modifications to such a plan shall require the
approval of the Planning Board or Zoning Board of Adjustment.
[Amended 5-16-1994 by Ord. No. 8-94]
Any person carrying out soil erosion and sediment control measures under this chapter, and all subsequent owners of the property upon which such measures have been carried out, shall adequately maintain all permanent control measures, devices and plantings in good order for a period of two years after completion of the approved plan implementation. Maintenance bonds therefor shall be posted in connection therewith as provided for in § 179-5.
A.
No approval of occupancy of any building shall be granted
unless all measures required under the soil erosion and sediment control plan
have been either completed or substantially provided for in accordance with
this chapter. Approval for occupancy may be granted notwithstanding that permanent
(final) vegetative protection, plant cover or lawn or ground cover has not
been installed if such permanent protection and cover has not and cannot be
installed because of conditions of weather and the installation thereof is
enforced by appropriate provisions in the bond or other security and improvement
agreements which shall provide for installation within such time limits as
may be reasonable upon direction of the Borough Engineer, as soon as weather
conditions shall permit.
B.
The Borough Engineer and/or the Borough Zoning Officer
shall enforce the requirements of this chapter and shall inspect the work
being undertaken in connection with a plan. In the event of a failure to comply
with any condition or thing in the plan, the Borough Engineer or Zoning Officer
may, among other things, revoke the building permit or certificate of occupancy,
issue stop orders and generally take such action as may be justified under
the circumstances.
C.
Prior to approval of occupancy, a formal report of compliance
with the provisions of a certified plan for permanent measures to control
soil erosion and sedimentation shall be filed with the municipal agent authorized
to issue certificates of occupancy. A copy of this report shall be sent to
the Morris County Soil Conservation District.
[Added 12-28-1976 by Ord. No. 16-76]
[Amended 6-7-1999 by Ord. No. 15-99; 3-18-2002
by Ord. No. 02-02]
An application fee and an inspection fee as set forth in Chapter 102, Fees, shall be imposed for each plan submitted. The applicant shall supplement the inspection fee from time to time, if necessary, as directed by the Board having jurisdiction over the application, the Borough Engineer or the Planning Board Engineer. Should the total inspection fee paid to the Borough be greater than the actual costs of inspection, the difference shall be refunded or returned. Should the total cost of inspection be greater than the inspection fee paid hereunder, the difference shall be paid to the Borough prior to the issuance of any certificate of occupancy or the release of any performance guarantees.
[Amended 12-28-1976 by Ord. No. 16-76]
Any person who violates any provision of this chapter shall be liable
to legal action and penalties as provided by Section 15, Chapter 251, Public
Laws of New Jersey 1975 (N.J.S.A. 4:24-53).
