Branchburg City Zoning Code
ARTICLE IX
SOIL AND SOIL REMOVAL
§ LDO9-1.1 Permission Required for Removal of Soil; Exceptions.
No person shall excavate or otherwise remove soil for use other than on the tax lot, as shown on the current Branchburg Township tax map, from which the soil shall be taken, except in connection with accepted methods of contour farming and erosion prevention without first having procured permission thereof from the Township Engineer. The provisions of this section shall not apply to the removal of such soil as is normally required in the removal of trees, bushes, plants, etc., nor shall such provisions apply to the sale of sod.
§ LDO9-1.2 Application for Removal of Soil; Map Showing Contour Lines.
[Ord. No. 2015-1279]
The Township Engineer shall not consider any application for the removal of soil unless and until the owner of the premises shall first file with the Township Engineer an application requesting such permission, together with a map of the premises and the bond required by subsection 9-1.6. In addition, the Township Engineer may require a map showing the contour lines and proposed contour grades resulting from such intended removal of soil in relation to the topography of the premises, where such a map is deemed necessary to adequately pass upon such application, and the proposed contour lines and proposed grades shall be subject to the inspection and approval of the Township Engineer. If such contour map is required, no such permission for soil removal shall be issued until the proposed contour lines and grades have been approved by the Township Engineer. The Township Engineer may require additional information and requirements as outlined in the "Soil Import and Export Policy" as amended.
§ LDO9-1.3 Factors to be Considered in Granting Permission.
[Ord. No. 2015-1279]
The Township Engineer, in considering and reviewing the application and in arriving at his decision, shall be guided and take into consideration the public health, safety and general welfare, and particular consideration shall be given to the following factors:
A.
The Township reserves the right of first refusal to any excess soils generated resulting from a development within the Township. These soils shall be delivered to the site selected by the Township. If the Township elects not to accept the soil, the Developer shall find a site within the municipality.
B.
Soil erosion.
C.
Drainage.
D.
Soil fertility.
E.
Lateral support slopes and grades of abutting streets and lands.
F.
Land values and uses.
G.
Such other factors as may bear upon or relate to the coordinated, adjusted and harmonious physical development of the Township. If after examining the application and the map, or maps, provided for in subsection 9-1.2, the Township Engineer shall be of the opinion that the proposed soil removal will not create conditions inimical to the public health, welfare and safety, and will not result in the creation of any sharp declivities, pits or depressions, soil erosion or fertility problems, depressed land values, nor create any drainage, sewerage problems or other conditions of danger, permission to remove the soil shall be granted.
§ LDO9-1.4 Final Grading and Leveling of Land.
If permission to remove the soil shall be granted, the owner or person in charge shall so conduct the operations that there shall be no sharp declivities, pits or depressions, and in such manner that the area shall be properly leveled off, cleared of debris and graded as approved by the Township Engineer. In addition, the Township Engineer may, in his discretion, require the retention and replacement of the top layer of arable soil for a depth of six inches.
§ LDO9-1.5 Responsibility to Complete Removal of Soil and Repair or Replacement of Property.
Any person to whom permission may be granted to remove soil pursuant to the terms of this section shall be responsible for the proper completion of the removal in accordance with the terms of the application and permit and the terms of this section. Such person shall also be responsible for the repair or replacement of any real or personal property of the Township, including but not limited to streets and roads, which may be damaged during the course of the removal or the transportation of soil which has been removed. Upon the completion of soil removal pursuant to a permit under this section, the Township Engineer shall certify to the Township Committee that the soil removal has been properly completed with no damage to property of the Township or that the soil removal has not been properly completed or that there has been damage to Township property during the course of the removal. The Township Engineer shall also certify to the Township Committee his estimate of the cost to properly complete the removal or to repair or replace the damaged property.
§ LDO9-1.6 Performance Bond Required.
No permit shall be issued pursuant to this section until the applicant files a performance guarantee in the face amount of $15,000 to insure the faithful performance of the work to be undertaken pursuant to the permission granted hereunder. At least $5,000 of such guarantee shall be in cash or certified check and the balance shall be in form and with surety acceptable to the Attorney of the Township of Branchburg.
§ LDO9-1.7 Conformity to Regulations.
No excavation shall be made, and no soil shall be removed under the provisions of this section, unless a permit therefor shall have been first obtained as provided herein, and no excavation shall be made, and no soil shall be removed except in conformity with the provisions of this section.
§ LDO9-1.8 Violations.
Any person violating any of the provisions of this section shall be liable to the penalty stated under Article VII.
§ LDO9-2.1 Short Title and Purpose.
This section shall be known as the Soil Erosion and Sediment Control Section.
The purpose of this section is to control soil erosion, sediment damage, 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.
§ LDO9-2.2 Procedure.
A.
Regulation.
1.
No person, municipal corporation or other public agency shall engage in any land disturbance activity within this Township unless:
(a)
He has obtained written approval from the Township Engineer, the Planning Board or Somerset-Union Soil Conservation District. Such written approval shall not be issued unless there has been submitted to the Township, a soil erosion and sediment control plan for the land areas which the applicant proposes to disturb. The plans shall be in accordance with the Standards for Soil Erosion and Sediment Control in New Jersey as defined herein.
(b)
The proposed land disturbance activity is exempt by subsection 9-2.4.
B.
Data required.
1.
The applicant shall submit a separate soil erosion and sediment plan for each noncontiguous site. The plan shall be submitted to the Planning Board where the applicant has applied to it for subdivision or site plan approval or seeks some other approval from the Planning Board. In all other cases the plan shall be submitted to the Zoning Officer of the Township.
2.
All plans shall contain:
(a)
The lot and block number of the property as set forth on the tax map.
(b)
Location and description of existing natural and man-made features on and surrounding the site including topography, all impervious surfaces, soil and drainage characteristics, a copy of the Soil Conservation District survey where available and information setting forth the location and description of woods, vegetation, and other features, critical to the purpose of this section.
(c)
Location and description of proposed changes to the site.
(d)
Detailed plans for all soil erosion and sediment control measures (or practices) which shall be equivalent to or exceed The Standards for Soil Erosion and Sediment Control in New Jersey as defined herein. Such Standards shall be on file at the offices of the 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)
Proposed or anticipated final grading plan, showing location and grades of all proposed building, roads, parking lots, and drainage ways. The plan shall indicate all areas to remain in a natural or undisturbed state.
(g)
All proposed revisions of data required shall be submitted for approval.
C.
Review and approval. The Township Engineer or the Somerset-Union Soil Conservation District shall approve any such plan when in conformance with the principles, standards and requirements set forth in subsection 9-2.3 and such standards as required by law. Such review and decision 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 municipality to make a decision within such period or such extension thereof shall constitute certification. The applicant shall be provided with a 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 number, and proposed land use shall be sent to the Somerset-Union Soil Conservation District. The municipality shall also make available such other information as may be required by the district.
§ LDO9-2.3 Principles, Standards and Requirements.
A.
General design principles. 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:
1.
Stripping of vegetation, grading or other soil disturbances shall be done in a manner which will minimize soil erosion and storm water runoff.
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.
Either 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 increased on-site runoff resulting from modified soil and surface conditions both during and after site development.
6.
Water runoff shall be minimized and retained on-site wherever possible to facilitate ground water recharge.
7.
Surface water runoff shall not be transferred from one watershed to another.
8.
Sediment shall be retained on-site to the maximum extent feasible.
9.
All soil erosion and sediment control practices shall be installed prior to any on-site grading or disturbance. All water carrying structures and retention areas shall be completed and stabilized prior to diversion of water to them.
B.
Performance and maintenance.
1.
No certificate of occupancy shall be issued until there has been compliance with the approved plan for permanent measures to control soil erosion and sedimentation. A formal report of such compliance must be filed by the applicant with the Zoning Officer of the Township and with the Somerset-Union Soil Conservation District.
2.
All necessary soil erosion and sediment control measures installed under this ordinance shall be adequately maintained by the applicant for two years after the final approval of such measures or until such measures are permanently stabilized as determined by the Township Engineer or the Somerset-Union Soil Conservation District.
3.
The applicant shall have a copy of the certified plan on the site at all times during construction.
4.
At the time the applicant files his application, he shall pay a fee to cover the cost of processing the application and make inspections. Such fee shall be in accordance with a schedule approved by the Township Committee by resolution.
5.
If at any time it appears that a project is not being executed in accordance with a certified plan, the Township Zoning Officer, or the Somerset-Union Soil Conservation District may issue a stop construction order. Upon the issuance of a stop construction order all work on the site shall immediately cease.
§ LDO9-2.4 Exceptions.
No land disturbance approval shall be required in connection with any of the following activities provided that the provisions of subsection 9-2.5 (Prohibited Activities) will not be violated:
A.
Minor subdivision, provided that there will be no disturbance to more than 5,000 square feet of surface area of land for accommodation of construction.
B.
Use of land for gardening primarily for home consumption.
C.
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 said district that such use will not cause excessive erosion and sedimentation.
D.
Construction of a single family dwelling unit, provided that such unit is no part of a proposed subdivision, site plan, conditional use, zoning variance, planned development or construction permit application involving two or more such single family units.
E.
Construction sites where the land disturbance is 5,000 square feet or less.
§ LDO9-2.5 Prohibited Activities.
No person or public body, whether he has obtained land disturbance permit or whether the land disturbance activity he engages in is exempt under subsection 9-2.4 shall:
A.
Engage in or permit, allow or suffer any land disturbance activity on its land which results in any soil erosion or sediment runoff or in depositing any soil or sediment runoff or in depositing any soil or sediment onto any public or private road, right of way or easement.
B.
Strip vegetation, grading or other soil disturbance in a manner which will not minimize soil erosion sand storm water runoff.
C.
Fail to retain and protect natural vegetation whenever feasible.
D.
Fail to keep the extent of the disturbed area and the duration of its exposure within practical limits.
E.
Fail to use either temporary seeding, mulching or other suitable stabilization measures to protect exposed critical areas during construction or other land disturbance.
F.
Fail to retain sediment on site to the maximum extent feasible. In the event there is any runoff pursuant to subsection 9-2.5A, the Township Engineer shall give the occupant or owner three days' written notice to remove the soil or sediment deposits. If the occupant or owner refuses or fails to do so, the Township may do so at the cost and expense of the occupant and owner in addition to seeking such other remedies as permitted by law or by this section. In addition, the owner and occupant shall be deemed to be in violation of this section and shall be subject to the penalties as provided by subsection 9-2.6.
§ LDO9-2.6 Violations and Penalties.
A.
If any person violates any of the provisions of this section pertaining to a project, as hereinabove defined, the Township of Branchburg may institute a civil action in the Superior Court for injunctive relief to prohibit and prevent such violation or violations. In such a proceeding the party violating the provisions of this ordinance 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.) where any violation is of a continuing nature, each day during which it continues shall constitute an additional separate and distinct defense.
Any person who shall otherwise violate any of the provisions of this section or who shall take part in or assist in any violation of this section shall, upon conviction in the municipal court in the Township of Branchburg, be liable to a fine not to exceed $500 or imprisonment for a term not exceeding 90 days or both. Each and every day that such violations continue, shall be deemed to be a separate and distinct violation of this section.
B.
Other remedies. Where there is any land disturbance activity in violation of this section and where a building or other structure is in the course of construction or about to be occupied, and if the safety, public health, convenience or general welfare of the Township would not be adequately protected or safeguarded if any such building or structure were permitted to be occupied or its construction completed, then and in any such instance, while the violation continues, the Zoning Officer may revoke any building permit previously granted and stop the work then in progress and the Building Inspector may refuse to issue a certificate of occupancy for any such buildings or structures.
§ LDO9-2.7 Inspection and Enforcement.
The Township Zoning Officer shall make all inspections necessary and required to insure that there is compliance with this section and with the provisions of any land disturbance permit which was issued. In addition, any authorized representative of the Somerset-Union Soil Conservation District or the State Soil Conservation Committee shall be authorized to make any inspection.
Application for written approval pursuant to subsection 9-2.2 shall confer upon the Township Zoning Officer, his authorized agent, or any other person authorized by this section, the right to inspect the premises upon which the land disturbance activity is to take place and to enter thereon for the purpose of making the inspection.
In the event the Township Zoning Officer or the Somerset-Union Soil Conservation District (where authorized by contract) finds that the work being done is not in accordance with the approval or with the soil erosion or sediment control plan filed with the application, the approval of any further work may be refused and the installation of necessary erosion and sediment control measures may be required. In addition, all other penalties and remedies as provided in this section may be sought.
§ LDO9-2.8 Appeals.
Any person aggrieved by any decision or action by any municipal agents under this section may appeal to the Township Committee. The appeal shall be in writing and shall be filed within 10 days from the date of any such decision or action. The Township Committee shall hold a hearing within 30 days from the date of the appeal. Notice of appeal shall be filed by the applicant with the Township Clerk and served upon the Zoning Officer.