Bernards City Zoning Code
SECTION 21
27 Soil Erosion and Sediment Control
§ 21-27.1 Applicability.
[Ord. No. 585, § 514A; Ord. No. 909; Ord. No. 926; Ord. No. 2582, 7-29-2025]
a.
No application for a development plan, conditional use, zoning variance, planned development or construction permit, except as specifically exempted by paragraph c 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 and approved by the Somerset-Union Soil Conservation District. 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.
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.
Quarries, gravel pits, sand pits and shale pits which are subject to other municipal ordinances.
7.
Any land disturbance of 5,000 square feet or less.
8.
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.
§ 21-27.2 Requirements.
[Ord. No. 585, § 515B; Ord. No. 2582, 7-29-2025]
a.
In accordance with Section 21-42, a land disturbance permit is required for minor development over 2,500 square feet but less than 5,000 square feet.
b.
A plan shall be submitted with all land disturbance permit applications that includes:
1.
Existing conditions and features including buildings, walls, driveways, drainage systems, trees, topography, etc.
2.
Proposed grade changes, walls, impervious surfaces, fill, swales, drainage systems and tree removals.
§ 21-27.3 Enforcement and Penalties for Violations.
[Ord. No. 909; Ord. No. 2582, 7-29-2025]
a.
Enforcement for projects of land disturbance over 5,000 square feet shall be referred to the Somerset-Union Soil Conservation District.
b.
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, as applicable. A Final Report of Compliance (FROC) or Report of Compliance (ROC) from the Somerset-Union Soil Conservation District must be filed by the owner with the municipal agent authorized to issue certificates of occupancy. For projects not yet in full compliance, a Compliance Report with Conditions (CRC) from the Somerset-Union Soil Conservation District must be filed for a temporary certificate of occupancy with the municipal agent authorized to issue certificates of occupancy. The Somerset-Union Soil Conservation District shall determine the appropriate type of report to issue for each site.
c.
The land disturbance permit for minor development shall be enforced by the Township Engineer or his designee.
d.
Penalties for violation of this section shall be per Section 3-1.5.[1]
[1]
Editor's Note: Former Subsection 21-27.4, Inspection and Enforcement (Ord. No. 926), which previously followed this subsection, was repealed by Ord. No. 2582, 7-29-2025.
