[HISTORY: Adopted by the Borough Council of the Borough of Eatontown 5-10-1978 by Ord. No. 6-78. Amendments noted where applicable.]
GENERAL REFERENCES
Land use — See Ch. 89.
Uniform construction codes — See Ch. 129.
Flood damage prevention — See Ch. 169.
Off-tract improvements — See Ch. 183.
This chapter shall be known as the "Borough of Eatontown Soil Erosion and Sediment Control Ordinance."
The purpose of this chapter 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.
A. 
For the purpose of this chapter, certain rules of word usage apply to the text as follows:
(1) 
Words used in the present tense include the future tense, and the singular includes the plural, unless the context clearly indicates the contrary.
(2) 
The term "shall" is always mandatory and not discretionary; the word "may" is permissive.
(3) 
The word or term not interpreted or defined by this section shall be used with a meaning of common or standard utilization.
B. 
The following definitions shall apply in the interpretation and enforcement of this chapter, unless otherwise specifically stated:
APPLICANT
A person, partnership, corporation, municipal corporation or public agency requesting permission to engage in land-disturbance activity.
CRITICAL AREA
A sediment-producing, highly erodible or severely eroded area or a groundwater recharge area.
EROSION
Detachment and movement of soil or rock fragments by water, wind, ice and gravity.
EROSION AND SEDIMENT CONTROL PLAN
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 as adopted by the State Soil Conservation Committee.
EXCAVATION or CUT
Any act by which soil or rock is cut into, dug, quarried, uncovered, removed, displaced or relocated.
FARM CONSERVATION PLAN
A plan which provides for the use of land within its capabilities and treatment, within practical limits, according to a chosen use in order to prevent further deterioration of soil and water resources.
LAND
Any ground, soil or earth, including marshes, swamps, drainageways and areas not permanently covered by water within the municipality.
LAND DISTURBANCE
Any activity involving the clearing, grading, transporting, filling and any other activity which causes land to be exposed to the danger of erosion.
MULCHING
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.
PERMIT
A certificate issued to perform work under this chapter.
PLAN
A scheme which indicates land treatment measures, including a schedule of the timing for their installation, to minimize soil erosion and sedimentation.
PROJECT
The disturbance of more than 5,000 square feet of the surface area of land for the accommodation of construction for which the Standard Building Code of the State of New Jersey would require a building permit, except that the construction of a single-family dwelling unit shall not be deemed a "project" under this chapter unless such unit is part of a proposed subdivision, site plan, special exemption, zoning variance, planned unit development or building permit application involving two or more such single-family dwelling units.
SEDIMENT
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.
SEDIMENT BASIN
A barrier or dam built at suitable locations to retain rock, sand, gravel, silt or other material.
SITE
Any plot, parcel or parcels of land.
SOIL
All unconsolidated mineral and organic material of any origin.
SOIL CONSERVATION DISTRICT
A governmental subdivision of this state, which encompasses this municipality, organized in accordance with the provisions of Chapter 24 of Title 4 of the New Jersey Revised Statutes.
STATE SOIL CONSERVATION COMMITTEE
An agency of the state established in accordance with the provisions of Chapter 24 of Title 4 of the New Jersey Revised Statutes.
STRIPPING
Any activity which significantly disturbs vegetated or otherwise stabilized soil surfaces, including clearing and grubbing operations.
No land area shall be disturbed in any way, by any person, partnership, corporation, municipal corporation or other public agency within this municipality, unless the applicant has submitted to the Building Inspector a plan to provide for soil erosion and sediment control for such land area in accordance with the Standards for Erosion and Sediment Control adopted by the New Jersey State Soil Conservation Committee and administered by the Freehold Soil Conservation District and such plan has been approved and a valid land disturbance permit has been issued by the Building Inspector, except as exempted by § 278-12.
The applicant must submit a separate soil erosion and sediment control plan for each noncontiguous site. The applicant may consult with the Freehold Soil Conservation District in the selection of appropriate erosion and sediment control measures and the development of the plan. Such plan shall contain the following:
A. 
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 County Soil Conservation District survey, where available.
B. 
Location and description of proposed changes to the site. The scale shall be in accordance with the provisions of the Land Subdivision Ordinance of the municipality. Appropriate contour maps shall be submitted showing the existing and proposed contours of the area from which material is to be removed.
C. 
Measures for soil erosion and sediment control which must meet or exceed Standards for Soil Erosion and Sediment Control adopted by the State Soil Conservation Committee. Such standards shall be on file at the offices of the local Soil Conservation District and the Borough Clerk.
D. 
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.
E. 
All proposed revisions of data required shall be submitted to the Building Inspector for approval.
A. 
Soil erosion and sediment control plans shall be reviewed by the municipal corporation and approved when in conformance with the Standards for Soil Erosion and Sediment Control in New Jersey as adopted by the State Soil Conservation Committee. The Municipal Engineer may seek the assistance of the Freehold Soil Conservation District in the review of such plans and may deem as approved those plans which have been reviewed and determined adequate by the said district.
B. 
Soil erosion and sediment control plans may be submitted with subdivision and site plan applications for review by the Planning Board. The Planning Board may recommend to the Municipal Engineer approval of plans conforming with the Standards for Soil Erosion and Sediment Control in New Jersey as adopted by the State Soil Conservation Committee. The Planning Board may seek the assistance of the Freehold Soil Conservation District in the review of such plans. The Municipal Engineer may deem as approved those plans which have been reviewed and recommended for approval by the Planning Board.
C. 
The Municipal Engineer shall grant or deny certification within a period of 30 days of submission of a complete application or after receipt of a recommendation for approval by the Planning Board unless, by mutual agreement in writing between the municipality and the applicant, the period of 30 days shall be extended for an additional period of 30 days. Failure of the municipality 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 by the applicant shall constitute a new submission.
D. 
Written notice of the decision of the municipality shall be provided to the applicant indicating the municipality's decision on the plan. A copy of this decision with other required information shall be sent to the local Soil Conservation District. Said decision shall include street address, lot and block number and proposed land use and such other information as the district may require.
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 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 adopted by the State Soil Conservation Committee.
D. 
Temporary seeding, mulching or other suitable stabilization measures shall be used to protect exposed critical areas during construction or other land disturbance. Temporary measures are required if permanent measures will not be completed within 30 days.
E. 
Drainage provisions shall accommodate increased runoff, resulting from modified soil and surface conditions, during and after development or 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.
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 Municipal Engineer. The Municipal Engineer shall give the applicant, upon request, a certificate indicating the date on which the measures required under the approved plans were completed.
A. 
The applicant shall post with the Municipal Clerk an adequate performance bond to assure completion of the required control measures. The amount of the bond shall be determined by the Municipal Engineer.
B. 
Release of performance guaranty. The municipality shall provide for inspection by the Municipal Engineer for each development for which a performance bond has been posted. The Municipal Engineer shall certify that installations and practices are or are not in compliance with the performance principles and standards prescribed by this chapter and with any specific requirements that have been stated as conditions of approval of the application. The applicant shall be required to have a certified plan on site during construction. The Municipal Engineer shall issue a stop-construction order if a project is not being executed in accordance with the certified plan. A certificate of occupancy 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 must be filed with the municipal agent authorized to issue certificates of occupancy. A copy of this report shall be sent to the Soil Conservation District. The municipality may, within 30 days after the date of such report, release the performance bond, in whole or in part, depending upon the municipality's assessment of the need to withhold all or a portion of the bond to assure full compliance with requirements and adequate maintenance of the facilities.
C. 
The Municipal Engineer may authorize extensions of time for completion of soil erosion and sediment control projects, but completion of any project shall not be extended beyond six months of the original completion date. Upon the applicant's failure to complete the project by the date approved by the Municipal Engineer, the municipality may elect to use the money deposited as a performance bond to complete the unfinished portion of the plan. In this event, any unused portion of the performance bond shall be returned to applicant.
The following fees shall apply when a soil sedimentation and control plan is not part of a site and design submission:
A. 
The initial application fee shall be $50 per acre or part thereof, if the area embraced within the plan consists of five acres or less, plus $10 for each additional acre or fraction thereof.
B. 
In addition to the above, the applicant shall pay a reasonable engineering inspection fee upon submission of a voucher by the Municipal Engineer. Said fee shall not exceed $500.
A. 
If any person violates any of the provisions of this chapter or any standard promulgated pursuant to the provisions of this chapter or fails to comply with the provisions of a certified plan, the municipality may institute a civil action in the Superior Court for injunctive relief to prohibit and prevent such violation or violations, and said Court may proceed in a summary manner.
B. 
Any person who violates any of the provisions of this chapter or any standard promulgated pursuant to this chapter or fails 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 the jurisdiction to enforce said Penalty Enforcement Law.
[1]
Editor's Note: N.J.S.A. 2A:58-1 et seq. was repealed by L. 1999, c. 274. See now 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.
The following activities are specifically exempted from this chapter:
A. 
The construction of a single-family unit unless such unit is part of a proposed subdivision, site plan, special exception, zoning variance, planned unit development or building permit application involving two or more such single-family dwelling units.
B. 
The use of land for gardening primarily for home consumption.
C. 
Agricultural use of lands.
Appeals from decisions under this chapter may be made to the municipal governing body in writing within 10 days from the date of such decision. The appellant shall be entitled to a hearing before the municipal governing body within 30 days from the date of appeal. The municipal governing body may thereafter reserve, modify or affirm the aforesaid decision.
No amendment to this chapter shall become effective until approved by the State Soil Conservation Committee.