[HISTORY: Adopted by the Township Committee
of the Township of Andover by Ord. No. 77-11 (Ch. XVII of the 1973
Code), readopted 9-12-1984 by Ord. No. 84-25; as amended through Ord.
No. 92-15. Subsequent amendments noted where applicable.]
This chapter shall be known as the “Andover
Township Soil Erosion and Sediment Control Chapter.”
The purpose of this chapter shall be 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 public health, safety, convenience and general welfare of the
community.
The following definitions shall apply in the
interpretation and enforcement of this chapter:
A person, partnership, corporation or public agency requesting
permission to engage in land disturbance activity.
A sediment-producing highly erodible or severely eroded area.
The detachment and movement of soil or rock fragments by
water, wind, ice and gravity.
A plan which fully indicates necessary land treatment measures,
including a schedule of the timing of their installation, which shall
effectively minimize soil erosion and sedimentation. Such measures
shall be in accordance with standards for soil erosion and sediment
control in New Jersey as promulgated by the State Soil Conservation
Committee.
Any act by which soil or rock is cut into, dug, quarried,
uncovered, removed, displaced or relocated.
A plan which provides for use of land within its capabilities
and treatment, within practical limits, according to chosen use to
prevent further deterioration of soil and water resources.
Any ground, soil, or earth including marshes, swamps, drainageways
and areas not permanently covered by water within the Township.
Any activity involving the clearing, grading, transporting,
filling and any other activity which causes land to be exposed to
the danger of erosion.
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.
A certificate issued to perform work under this chapter.
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.
A barrier or dam built at suitable locations to retain rock,
sand, gravel, silt or other material.
Any plot, parcel or parcels of land.
All unconsolidated mineral and organic material of any origin.
A governmental subdivision of this state, which encompasses
this Township, organized in accordance with the provisions of N.J.S.A.
4:24-1 et seq.
An agency of the state established in accordance with the
provisions of N.J.S.A. 4:24-1 et seq.
Any activity which significantly disturbs vegetated or otherwise
stabilized soil surface including clearing and grubbing operations.
A marsh swampland, saturated with water, including, but not
limited to, all areas composed of soils having a seasonal high-water
table at the surface.
A.
No land area shall be disturbed by any person, partnership
or corporation, within the Township unless the applicant has submitted
to the Township Engineer a plan to provide for soil erosion and sediment
control for such land area in accordance with the Standards for Erosion
and Sediment Control promulgated by the New Jersey Soil Conservation
Committee and this section and such plan has been approved; and unless
a valid soil erosion and sediment control permit has been issued by
the Township Engineer. All public facility projects shall be submitted
to the Sussex Soil Conservation District for review, certification
and enforcement.
[Amended 10-26-2009 by Ord. No. 2009-34]
B.
The purpose of this section is to make clear the fact
that soil erosion sediment control approval must be obtained from
the Township Engineer for all soil removal, mining and quarrying operations,
the placement of fill, and all other land disturbances when permitted
except for those disturbances exempted hereafter.
C.
Applications for permit shall be obtained from the
Planning and Zoning secretary.
The applicant shall submit a separate soil erosion
and sediment control plan for each noncontiguous site. This plan shall
be prepared by a licensed professional engineer. Such plan shall contain:
A.
A map of the site, at a scale of one inch equals 50
feet, minimum, showing existing contour lines, at two-foot intervals.
B.
The location and description of existing natural and
man-made features on and surrounding the site, including general topography
and soil characteristics and a copy of the Soil Conservation District
Soil Survey where available.
C.
The location and description of proposed changes to
the site.
D.
Measures for soil erosion and sediment control which
shall meet or exceed Standards for Soil Erosion and Sediment Control
promulgated by the State Soil Conservation Committee. Standards shall
be on file at the offices of the local Soil Conservation District
and the Township Clerk.
E.
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.
F.
All proposed revisions of data required shall be submitted
for approval. The applicant may consult with the Sussex County Soil
Conservation District in the selection of appropriate erosion and
sediment control measures and the development of the plan.
G.
Any computations and documents which may be required
by the Township Engineer to demonstrate that adequate soil erosion
measures are employed to assure against the hazards of soil erosion
and sedimentation.
I.
The application fee.
J.
An escrow fee for inspections of the site and review
of the project.
A.
In considering and reviewing the application for land
disturbance permit, the Township Engineer shall be guided by and take
into consideration the public health, safety, and general welfare
and the general purposes of land use control. In particular, consideration
shall be given to the following factors:
(1)
Proposed stripping of vegetation.
(2)
Effects of proposed tree removal.
(3)
Surface water drainage.
(4)
Extent of disturbed area and the duration of exposure
of subsoil.
(5)
Soil fertility.
(6)
Contours, both existing and proposed.
(7)
Whether proposed land disturbance is necessary and
incidental to the development of the property.
(8)
Erosion of soil by water and wind, and the soil's
susceptibility to the production of sedimentation.
(9)
Lateral support of abutting streets and lands.
(10)
Land values and uses.
(11)
Effect on water resources, such as streams and wetlands.
B.
The Township Engineer shall not approve such a plan
unless it is in conformance with the Standards for Erosion and Sediment
Control adopted by the State Soil Conservation Committee. The Township
Engineer may seek the assistance of the Sussex County Soil Conservation
District in the review of such plans. The Township Engineer may refer
the plan to the Sussex County Soil Conservation District for its review.
C.
In the event that the Township Engineer concludes,
after considering and reviewing the application, that the resultant
effect of the land disturbance would be excessive erosion of the soil
and/or subsoil by water or wind, or the sedimentation of streams,
ponds, lakes, and/or wetlands, located on or off the site, or that
other adverse impact may occur, then the permit may be denied.
B.
Such review and approval shall be made within a period
of 30 days of submission of a complete application unless, by mutual
agreement in writing between the Township and the applicant, this
period is extended for an additional 30 days. Failure of the Township
to make a decision within such period or extension thereof shall constitute
certification.
C.
The applicant shall be provided with written notice
of such decision by the Township Engineer. A copy of such decision
including name of applicant, site location by street address and block
and lot number, and proposed land use shall be sent to the Sussex
County Soil Conservation District. The Township shall also make available
such other information as may be required by the District.
D.
The Township Engineer shall be advised in writing
at least 48 hours prior to any land disturbance or construction activity.
[Amended 10-26-2009 by Ord. No. 2009-34]
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 or other soil disturbance
shall be done in a manner which shall 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.
D.
Either temporary seeding, mulching or other suitable
stabilization measure shall be used to protect exposed critical areas
during construction or other land disturbance.
E.
Drainage provisions shall accommodate increased runoff,
resulting from modified soil and surface conditions, during and after
development of disturbance. Such provisions shall be in addition to
all existing requirements.
F.
Water runoff shall be minimized and retained on site,
wherever possible, to facilitate groundwater recharge.
G.
Sediment 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.
All necessary soil erosion and sediment control
measures installed under this chapter shall be adequately maintained
for one year after completion of the approved plan, or until such
measures are permanently stabilized as determined by the Township
Engineer. The Township Engineer shall give the applicant, upon request,
a certificate indicating the date on which the measures called for
in the approved plans were completed.
The following activities are specifically exempted
from this chapter:
A.
Land disturbances associated with one- or two-family
dwellings, if such disturbance involves less than 5,000 square feet
of land area.
B.
Land used for gardening primarily for home consumption.
C.
Land used for agricultural purposes, when operated
in accordance with a farm conservation plan approved by the local
Soil Conservation District.
D.
Land disturbances
involving less than 5,000 square feet of land area.
[Added 10-26-2009 by Ord. No. 2009-34]
[Amended 5-25-2005 by Ord. No. 2005-14; 4-13-2009 by Ord. No.
2009-11]
A.
Application and inspection fees.
(1)
Upon applying for a permit pursuant to the provisions
of this chapter, the applicant shall pay a fee to cover the cost of
the initial review of the soil erosion and sediment control application,
as well as for any renewal or resubmission thereof, in the amount
set forth in the fee schedule as follows:
|
Fees
| ||||
|---|---|---|---|---|
|
Type of Permit
|
Application
|
Escrow Review/ Inspection
|
Renewal and Resubmission
| |
|
Single-family home
|
$100
|
$1,000
|
$100
| |
|
Minor subdivision
|
$200
|
$1,500
|
$100
| |
|
Minor site plan
|
$250
|
$2,000
|
$150
| |
|
Major subdivision
|
$250
|
$300 per lot, minimum $3,000
|
$150
| |
|
Major site plan
|
$250
|
$3,000, plus $100 per acre
|
$150
| |
|
Soil removal
|
$500
|
$2,000, plus $100 per acre
|
$250
| |
|
Land disturbance without construction of improvements
|
$500
|
$2,000, plus $100 per acre
|
$250
| |
(2)
This is the initial minimum deposit required. Any
charges over the initial deposit required for additional reviews for
revisions or incomplete applications or inspections shall be paid
by additional deposits, to be paid monthly, due the first of each
month.
B.
Upon the issuance of a permit, the applicant shall pay an escrow review fee as set forth in the schedule to cover the cost of inspections and review of the project by the Township Engineer during the year. In the event that this amount is utilized and additional inspections are required, the applicant shall post an additional escrow review fee as set forth in the above schedule with the Planning Board secretary to cover additional inspections. The provisions of §§ 74-56D through J and 74-58 shall apply with respect to the method of administration of inspection fees and the posting of additional inspection fees.
C.
Inspection shall be provided for during construction,
and the applicant shall be required to have the certified plans on
site during construction.
D.
Applicants
need to comply with the NJDPES Stormwater Phase II, NJ0088323 requirements
for proposed land disturbances one acre or larger. The Stormwater
Phase II program is administered by the local soil conservation district
and upon municipal approval; all eligible activities should be directed
to the district for further action.
[Amended 10-26-2009 by Ord. No. 2009-34]
E.
When a
conditional report of compliance (ROC) is issued, during the nongrowing
season, a performance deposit of $3,000 per acre of disturbed soil
($3,000 minimum for a single-family site) will be required and will
be placed in an escrow account. An administration fee of $100 will
be charged and retained by the Township of Andover.
A.
Before any work is done for which a permit is required,
the applicant shall file and maintain a bond, letter of credit or
other performance guarantee in a form and with surety approved by
the Planning Board Attorney or Zoning Board Attorney in an amount
deemed sufficient by the Township Committee, on recommendation of
the Township Engineer, that shall be sufficient to insure the faithful
performance of the work to be undertaken pursuant to the conditions
of the permit and the terms thereof.
B.
The amount of the performance guarantee shall be equal to 120% of the estimated cost of the soil erosion and sediment control improvements of which 10% of the total amount shall be in cash or certified check. This performance guarantee shall be administered pursuant to the provisions of § 74-55 of Chapter 74, Land Use Procedures.
The Township Committee, upon recommendation
of the Township Engineer, may also require a maintenance guarantee
for a period not to exceed two years after final approval of the soil
erosion and sediment control measures, in an amount not to exceed
15% of the cost of the improvement or of the permanent installation.
A.
After reasonable notice and opportunity to be heard
before the Township Committee, the permit of any person may be revoked
or suspended for such period as the Township may determine, for any
violation of the terms hereof, or the terms and conditions of any
approved plan and permit granted hereunder.
B.
The Township may issue a stop construction order if
a project is not being executed in accordance with a certified plan.
A certificate of occupancy for a project shall not be issued unless
there has been compliance with the provisions of a certified plan
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.
C.
Notwithstanding the above, the Township Committee
may cause a stop order to be issued by the enforcement official or
designee prior to hearing if, in its opinion, such an order should
be issued to stop or mitigate irrevocable damage. The Township Committee
may also seek appropriate injunctive relief prior to any hearing before
it if this remedy is deemed appropriate because of the urgency of
the situation.
A.
The requirements of this chapter shall be enforced
by the Township Engineer, who shall also inspect or require adequate
inspections of the work.
B.
If the Township Engineer finds existing conditions
not as stated in the applicant's erosion and sediment control plan,
he may refuse to approve further work and may require necessary erosion
and sediment control measures to be promptly installed and may seek
other penalties as provided in this chapter.
A.
If any person shall violate any of the provisions
of this chapter or fail to comply with the provisions of a certified
plan, the Township may institute a civil action in the Superior Court
for injunctive relief to prohibit and prevent such violation or violations,
and such Court may proceed in a summary manner.
B.
Any person who shall violate any of the provisions
of this chapter or fail to comply with the provisions of a certified
plan shall be liable to a penalty of not less than $25 nor more than
$3,000 to be collected in a summary proceeding pursuant to the Penalty
Enforcement Law, N.J.S.A. 2A:58-1 et seq.[1] The Superior Court, County Court, County District Court
and Municipal Court shall have jurisdiction to enforce the penalty
enforcement law.
[1]
Editor's Note: Repealed by L. 1999, c. 274.
See N.J.S.A. 2A:58-10 et seq.
C.
If the violation is of a continuing nature, each day
during which it continues shall constitute an additional separate
and distinct offense.
A.
In the event the proposed area to be disturbed is
located partially in Andover Township and partially in another municipality
only the Sussex County Soil Conservation District certification is
required so that the Sussex County Soil Conservation District has
jurisdiction over the soil erosion and sediment control application,
no land shall be disturbed until:
[Amended 10-26-2009 by Ord. No. 2009-34]
(1)
A soil erosion and sediment control plan in conformance
with state standards has been approved by the Sussex County Soil Conservation
District and a copy of the written approval filed with the Andover
Township Engineer.
(2)
Performance guarantees have been posted in favor of Andover Township in conformance with § 136-12 of this chapter.
(3)
A soil erosion and sediment control permit has been
issued by the Andover Township Engineer.
B.
The Township Engineer shall have 30 days, after receipt
of written notice of approval by the Sussex County Soil Conservation
District and the posting of a performance guarantee by the applicant,
within which to issue a soil erosion and sediment control permit.
Prior to the issuance of a certificate of occupancy,
and prior to the release of any performance guarantee posted for improvements,
a letter from the Township Engineer, certifying the compliance of
the soil erosion and sediment control measures on the site with the
soil erosion and sediment control permit, shall be presented to the
Construction Official in the case of the certificate of occupancy
and the Township Committee in the case of the release of the performance
guarantee.
A permit is valid for a period of three years
from the date of issuance of permit.
[Added 5-25-2005 by Ord. No. 2005-14]
[Added 5-25-2005 by Ord. No. 2005-14]
If the project for which a permit has been issued is found to be constructed in a manner inconsistent with the approved plan, revised plans shall be prepared by the applicant’s engineer and resubmitted for review by the Township Engineer, along with a resubmission fee as set forth in § 136-11. The Township Engineer or Construction Official, at his or her sole discretion, may require the applicant to resubmit such revised plans to the Township Planning Board or Zoning Board of Adjustment, as deemed appropriate.
[Added 5-25-2005 by Ord. No. 2005-14]
A.
If the project is to be completed at a time of the
year wherein established growth is not possible prior to application
for a certificate of occupancy, an applicant shall post a bond in
the principal sum of $3,000, plus pay an administrative fee of $100,
providing for full and complete performance.
B.
The $3,000 bond shall be returned to the applicant
after growth is established and a certificate of compliance from the
Township Engineer is received by the Construction Official. Such
bond will be with such sureties and in such form as is satisfactory
to the Andover Township Committee.
