[HISTORY: Adopted by the Township Council of the Township of Washington
10-26-1995 by Ord. No. 26-1995 as Ch. XIX, Article I, of the 1994 Code. Amendments
noted where applicable.]
This chapter shall be known as the "Washington Township Soil Erosion
and Sediment Control Ordinance."
The purpose of this chapter is to control soil erosion and the resulting
sedimentation from occurring on developing areas by requiring proper provisions
for water disposal and the protection of soil surface during and after construction;
to reduce the danger from stormwater runoff; to retard on-tract and off-tract
pollution from sediment; to conserve and protect the land, water, air and
environmental resources of the Township; and to promote the health, safety
and welfare of the community.
As used in this chapter, the following terms shall have the meanings
indicated:
Any person requesting permission to engage in land disturbance activity.
A plan to control soil erosion and sedimentation which has been approved
by the Planning Board.
A sediment-producing area severely eroded or endangered by severe
erosion.
The result of any act by which soil or rock is cut into, excavated,
dug, quarried, uncovered, removed, displaced or relocated.
See "applicant."
Any activity involving the clearing, excavating, storing, grading
filling or transporting of soil or any other activity which causes soil to
be exposed to the danger of erosion.
A channel, with or without a supporting ridge on the lower side,
constructed across or at the bottom of a slope.
A man-made deposit of soil, rock or other materials.
The wearing away of the land surface by the action of wind, water,
ice or gravity.
The vertical location of the existing ground surface prior to cutting
or filling.
A manmade deposit of soil, rock or other material.
The final grade or elevation of the ground surface conforming to
the proposed design.
Any stripping, cutting, filling, stockpiling, or any combination
thereof, including the land in its cut or filled condition.
A natural or constructed waterway, usually broad and shallow, covered
with erosion resistant grasses, used to conduct surface water from a field,
diversion or other site feature.
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 ground surface in its original state before any grading, excavation
or filling.
A stream normally having continuous water flow in any quantity throughout
the year.
The disturbance of more than 5,000 square feet of the surface area
of land or any activity listed in the New Jersey Soil Erosion and Sediment
Control Act of 1975, N.J.S.A. 4:24-39 et seq., as amended, which requires
municipal approval of a soil erosion and sediment control plan.
Any grading performed with the approval of the Township Engineer
and in accordance with criteria established by this chapter.
Solid material, mineral or 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 across a waterway or at other suitable locations
to retain rock, sand, gravel, silt or other material.
The reservoir space allotted to the accumulation of submerged sediment
during the life of the structure.
All unconsolidated mineral and organic material of any origin.
A plan indicating the proposed scheduling and construction details
for soil erosion and sediment control measures and meeting the requirements
of this chapter.
The standards for soil erosion and sediment control in New Jersey
as promulgated by the State Soil Conservation Committee, dated September 9,
1974, including all subsequent amendments thereto.
Any activity which removes or significantly disturbs the vegetative
or stabilized surface cover, including clearing or grubbing operations.
Stabilization of erosive or sediment producing areas.
 Stabilization of erosive or sediment producing areas by covering
the soil with:
Any natural or artificial watercourse, stream, 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, bed and banks, and includes
any area adjacent thereto subject to inundation by reason of overflow or floodwater.
A.Â
Plan required.
(1)Â
Except for one single-family dwelling which is not part
of a subdivision or project, as defined in N.J.S.A. 4:24-39 et seq., or land
disturbance of 5,000 square feet or less, no development plan shall be approved;
no street shall be constructed; no changes shall be made in the contour of
the land; no grading, excavating or removal or destruction of topsoil, trees
or other vegetative cover of the land shall be commenced by any applicant
until such time that a plan for soil erosion and sediment control has been
processed with and approved by the Planning Board.
(2)Â
No subdivision, site plan or land development plan shall
be approved unless:
(a)Â
There has been a plan approved by the Planning Board
that provides for erosion and sediment control consistent with this chapter
and an improvement bond or other acceptable securities has been deposited
with the Township in the form of an escrow guarantee which will ensure installation
and completion of the required improvements in accordance with Township specifications;
or
(b)Â
There has been a determination by the Planning Board
that an erosion and sediment control plan is not necessary.
B.Â
Compliance with standards. Erosion and sedimentation
control measures used to control erosion and reduce sedimentation shall, as
a minimum, meet the standards set forth herein. The Township Engineer shall
approve such plans and shall insure compliance with such standards.
A.Â
Time for submission of plan. The soil erosion and sedimentation
control plan, when part of a subdivision application, shall be submitted with
the preliminary plan application.
B.Â
General plan requirements. As part of the site plan review
procedure, the subdivision review procedure or any other application for development
in the Township and at the time of the initial application, a plan shall be
submitted which shows clearly the location of the proposed action on a suitable
map, the total area of the development, the total amount of earth work in
cubic yards, if required, and any other information deemed necessary for the
interpretation of this chapter and review of such plan.
C.Â
Performance guarantee. Prior to the issuance of a building
permit, the developer shall have filed with the Township a performance guarantee
sufficient in amount to cover the cost of all soil erosion and sediment control
measures, or uncompleted portions thereof, as required by the soil erosion
and sediment control plan. An estimate of improvement costs shall be prepared
by the Township Engineer in order to determine the amount of the performance
guarantee. The performance guarantee shall have been reviewed and have the
approval of the Township Solicitor as to both form and amount prior to the
issuance of any permits.
D.Â
Inspection by Township Engineer. Prior to and during
construction the soil erosion and sediment control measures shall be subject
to inspection and approval by the Township Engineer, who shall be notified
by the developer at least 48 hours prior to the start of construction. No
underground installation shall be covered until inspected and approved.
E.Â
Stop orders. The Township, through its Building Inspector
or zoning officers, may issue a stop construction order if a project is not
being executed in accordance with the approved plan.
F.Â
Certificate of occupancy. No certificate of occupancy
for a project shall be issued by the Township, unless there has been compliance
with the provisions of the approved plan for permanent measures to control
soil erosion and sedimentation.
G.Â
Maintenance guarantee. At the time of release of the
performance guarantee, a maintenance guarantee, posted in accordance with
N.J.S.A. 40:55D-53, may be required.
H.Â
Removal of sedimentation caused by development. Whenever
sedimentation is caused by stripped 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/her expense immediately.
I.Â
Maintenance of control measures. Maintenance of all soil
erosion and sediment control measures, drainage facilities and watercourses
within the project is the responsibility of the developer until the final
facilities are accepted by the Township.
J.Â
Maintenance of existing watercourse conditions. It is
the responsibility of the developer doing any act on or across a communal
stream, watercourse or swale or upon the floodplain or right-of-way thereof,
to maintain as nearly as possible in its present state the stream, watercourse,
swale, floodplain or right-of-way during the pendency of the activity and
to return it to its original or equal condition after such activity is completed.
K.Â
Maintenance of drainage facilities on private property.
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.Â
Time schedules. All plans shall contain 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 erosion and sediment control measures.
B.Â
Standards. Standards and specifications for measures
used in the soil erosion and sediment control plan shall be in accordance
with the standards as defined herein.
(1)Â
Grading. 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 Board. Minimum
2% slopes away from structures shall be required.
(2)Â
Collection and disposal of runoff. All drainage provisions
shall be of such design so as to collect on-site runoff and carry surface
waters to the nearest practical street, storm drain, natural watercourse or
other approved location of discharge. Where drainage swales are used to deliver
surface waters away from buildings, the swales shall be sodded or planted
and shall be of such slope, shape and size to conform with specifications
of the Township.
(3)Â
Concentration of flow. Concentration of diffused natural
water flow shall only be permitted in swales of watercourses.
(4)Â
Soil disturbance; exposure to erosion. Stripping of vegetation,
regrading or other development shall be done in such a way that will minimize
areas of disturbance and soil erosion.
(5)Â
Maintenance of vegetation. Whenever feasible, natural
vegetation shall be retained, protected and supplemented.
(6)Â
Maximum area of disturbance. The disturbed area shall
be kept to a practical minimum.
(7)Â
Maximum time of exposure. The maximum length of exposure
shall be three months without a vegetative cover established.
(8)Â
Temporary covering. Temporary seedings and/or mulching
shall be used to protect exposed critical areas during and after development.
(9)Â
Accommodations for increased runoff during development.
Provisions shall be made to accommodate the increased runoff caused by changed
soil and surface conditions during and after development.
(10)Â
Recovery of sedimentation. Sediment in the runoff water
shall be trapped until the disturbed area is stabilized by the use of sediment
basins or other acceptable methods.
(11)Â
Time for construction of control measures. Diversions
and sediment basins shall be constructed prior to any on-site grading or disturbance
of existing surface material.
(12)Â
Protection and maintenance of watercourses. Banks and
beds of temporary and permanent watercourses shall be stabilized.
(13)Â
Excavation slopes. No excavation shall be made with a
cut face steeper in slope than 1 1/2 horizontal to one vertical, 66%, except
as approved by the Township Engineer when handled under special conditions.
(14)Â
Fill slopes. 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 Township Engineer when handled under special conditions.
(15)Â
Protection of cuts from surface waters. Adequate provisions
shall be made to prevent surface water from damaging the cut face of excavations
of the sloping surfaces of fills.
(16)Â
Retaining walls. 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.
(17)Â
Excavations near properly lines. Excavations shall not
be made so close to property lines as to endanger adjoining property without
supporting and protecting the face of the excavation.
A.Â
Exemption. If submitted as part of the site plan review
or subdivision review, no additional fees shall be charged under this chapter.
B.Â
Escrows for expenses. All expenses for legal, engineering
or planning work required by the Township in connection herewith shall be
authorized, paid and funded out of the escrow accounts set up as part of the
fee and escrow structure under the site plan review or subdivision process.
C.Â
Fees and escrows of site plan review to apply. Any and
all other earth work which is subject to this chapter shall pay the fees and
escrows in the manner and amount as set forth for site plan.
All normal farming activities are exempt from the provisions of this
chapter.
If any person violates any of the provisions of this chapter or fails
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 said court may proceed in a summary
manner. 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.). The Superior Court
and Municipal Court shall have jurisdiction to enforce said Penalty Enforcement
Law. If the violation is of a continuing nature, each day during which it
continues shall constitute an additional separate and distinct offense.
