Bernards City Zoning Code
SECTION 21
27 Soil Erosion and Sediment Control
§ 21-27.1 Applicability.
[Ord. #585, § 514A; Ord. #909; Ord. #926]
a.
No application for a development plan, conditional use, zoning variance, planned development or construction permit, except as specifically exempted by paragraph d hereinbelow, shall be approved unless it includes an erosion and sediment control plan developed in accordance with the Standards for Soil Erosion and Sediment Control in New Jersey as promulgated by the State Soil Conservation Committee. A separate erosion and sediment control plan shall be submitted for each development plan, conditional use, zoning variance, planned development or construction permit application.
b.
The applicant may consult with the Somerset-Union Soil Conservation District in the selection of appropriate erosion and sediment control measures. However, the applicant shall bear the final responsibility for the installation and construction of all required erosion and sediment control measures installed according to the provisions of this section.
c.
Erosion and sediment control plans shall be reviewed by the Board and approved when certified by the Township Engineer to be in conformance with the Standards for Soil Erosion and Sediment Control in New Jersey. The Board, or engineer, may seek the assistance of the Somerset-Union Soil Conservation District in the review of such plans and may deem as certified those plans which have been reviewed and determined complete by the Somerset-Union Soil Conservation District. Such review and certification 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 Township to grant or deny certification within such period or such extension thereof shall constitute certification. A copy of the decision of the Township Engineer, or other authorized municipal agent, indicating the name of the applicant, site location by street address and block and lot numbers, and proposed land use shall be sent to the applicant and Somerset-Union Soil Conservation District.
d.
The following activities are specifically exempt from the provisions of this section:
1.
Minor subdivisions, but only in those cases where the applicant certifies in writing that no land disturbance is proposed and where the Township Engineer certifies such exemption to the applicant in writing based upon his finding that the particular application will not violate the standards and purposes of this chapter. Approval of subsequent applications for construction permits on lots derived from minor subdivisions shall be conditioned upon certification of a plan for soil erosion and sediment control where more than 5,000 square feet of the surface area of land will be disturbed by the applicant for the concurrent construction of two or more single-family dwelling units or other structures. "Concurrent construction" with respect to this section means any activity where land is disturbed in two or more lots at the same time by the same applicant in the same subdivision.
2.
Site plans for development where the land will not be disturbed.
3.
Agricultural use of lands when operated in accordance with a farm conservation plan approved by the Somerset-Union Soil Conservation District or when it is determined by the Somerset-Union Soil Conservation District that such use will not cause excessive erosion and sedimentation.
4.
Use of land for gardening primarily for home consumption.
5.
Sanitary landfill operations which are subject to other state regulations or statutes.
6.
Reserved.
7.
Quarries, gravel pits, sand pits and shale pits which are subject to other municipal ordinances.
8.
Excavation and grading for yards, sidewalks, drainage ditches, sewerage disposal systems or other minor improvements associated with existing residential dwellings, but only in those cases where the Township Engineer certifies such exemption to the applicant in writing, based upon his findings that the particular application will not violate the standards and purposes of this chapter.
9.
Any land disturbance of 5,000 square feet or less.
e.
Land disturbances, excavations or cuts made by the County of Somerset, State of New Jersey or the United States government for public improvements are subject to regulation by the Somerset-Union Soil Conservation District. Such public improvements do not, however, require the Board approvals set forth in subsection 21-27. 1 c.
§ 21-27.2 Requirements.
[Ord. #585, § 515B]
a.
Erosion and sediment control plans shall contain the following information:
1.
Location and description of existing natural and manmade features on and surrounding the site including general topography and soil characteristics and a copy of the Soil Conservation District Soil Survey where available.
2.
Location and description of proposed changes to the site.
3.
Proposed measures for erosion and sediment control.
4.
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.
Any proposed revisions to the above shall be submitted for approval. |
b.
Measures for erosion and sediment control shall be equivalent to or exceed Standards for Soil Erosion and Sediment Control, adopted by the New Jersey State Soil Conservation Committee and administered by the Somerset-Union Soil Conservation District. Such standards shall be on file at the office of the Township Clerk.
c.
Control measures shall apply to all aspects of the proposed site development involving land disturbance and shall be in operation during all stages of the disturbance activity. The following principles shall apply to the erosion and sediment control plan:
1.
Stripping of vegetation, grading or other soil disturbance shall be done in a manner which will minimize soil erosion and shall also be in accordance with section 21-44 of this chapter.
2.
Whenever feasible, natural vegetation shall be retained and protected.
3.
The extent of the disturbed area and the duration of its exposure shall be kept within practical limits.
4.
Temporary seeding, mulching or other suitable stabilization measures shall be used to protect exposed critical areas during construction or other land disturbance.
5.
Drainage provisions shall accommodate all increased runoff resulting from modifications of soil and surface conditions during and after development or disturbance. Such provisions shall be in accordance with section 21-23 of this chapter. (See also section 21-42.)
6.
Water runoff shall be minimized and retained on site wherever possible to facilitate ground water recharge.
7.
Sediment shall be retained on site.
8.
Diversions, sediment basins, and similar required structures shall be installed prior to any on-site grading or disturbance.
§ 21-27.3 Penalties for Violations.
[Ord. #909]
No certificate of occupancy for a project shall 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 Somerset-Union Soil Conversation District. |
Notwithstanding the provisions of section 21-65 herein, if any person violates any of the provisions of this section 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 section or fails to comply with the provisions of a certified plan shall be liable to a penalty of not less than twenty-five ($25.00) dollars nor more than three thousand ($3,000.00) dollars to be collected in a summary proceeding pursuant to the Penalty Enforcement Law (N.J.S.A. 2A:58-1 et seq.), in the Superior Court or municipal court. If the violation is of a continuing nature, each day during which it continues shall constitute an additional separate and distinct offense. |
§ 21-27.4 Inspection and Enforcement.
[Ord. #926]
The requirements of this section shall be enforced by the Township Engineer or his designee who shall also inspect or require adequate inspection of the work carried out pursuant to site plan approval, or the issuance of a land disturbance permit. The applicant shall have the certified plan on site during construction. If the Township Engineer or his designee finds existing conditions not as stated in the applicant's erosion and sediment control plan, he may issue a stop-construction order and may require necessary erosion and sedimentation control measures to be promptly installed and may seek other penalties as provided in subsection 21-27.3