Independence Township
City Zoning Code
City Zoning Code
ARTICLE XIII
Soil Erosion and Sediment Control
§ 255-122 Purpose.
The purpose of this article 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.
§ 255-123 Plan approval required.
A.
Regulation. No preliminary application for subdivision or site plan approval submitted to the municipal agency pursuant to the Land Development Ordinance of the Township of Independence shall be granted approval unless it includes a soil erosion and sediment control plan developed in accordance with the standards for soil erosion and sediment control adopted by the New Jersey State Soil Conservation Committee and administered by the Warren County Soil Conservation District. The applicant shall bear the final responsibility for the installation and construction of all required soil erosion and sediment control measures according to the provisions of this chapter, except as exempted by § 255-125.
B.
Data required. The applicant must submit to the municipal agency a separate soil erosion and sediment control plan for each parcel to be developed. Such plan shall contain:
(1)
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 soil conservation district soil survey, where available.
(2)
Location and description of proposed changes to the parcel.
(3)
Measures for soil erosion and sediment control which shall meet or exceed Standards for Soil Erosion and Sediment Control adopted by the New Jersey State Soil Conservation Committee and administered by the Warren County Soil Conservation District. Such standards shall be on file at the offices of the Soil Conservation District and the Township Clerk.
(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.
(5)
All proposed revisions of data required shall be submitted for approval.
C.
Review and approval. Erosion and sediment control plans shall be reviewed by the municipal agency and approved when in conformance with the Standards for Erosion and Sediment Control adopted by the New Jersey State Soil Conservation Committee and administered by the Warren County Soil Conservation District. The board may seek the assistance of the Warren County 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 Warren County Soil Conservation District.
§ 255-124 General design principles; maintenance.
A.
General design principles. Control measures shall apply to all aspects of the proposed development involving 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 disturbance shall be done in a manner which will minimize soil erosion.
(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 all increased runoff resulting from modifications of soil and surface conditions during and after development of disturbance. Such provisions shall be in addition to existing requirements.
(6)
Water runoff shall be minimized and retained on the site wherever possible to facilitate groundwater recharge.
(7)
Sediment shall be retained on the site.
(8)
Diversions, sediment basins and similar required structures shall be installed prior to any on-site grading or disturbance.
B.
Maintenance. All necessary soil erosion and sediment control measures installed under this chapter shall be adequately maintained for two years after completion of the approved soil erosion and sediment control plan or such shorter period of time as the Township Engineer may determine shall be necessary to permanently stabilize the effect of all soil erosion control measures to be undertaken according to the approved soil erosion and sediment control plan. The Township Engineer shall give the applicant, upon request, a written certification indicating the date upon which he approved the completion by applicant of the measures specified in the approved soil erosion and sediment control plan.
§ 255-125 Exemptions.
The following activities are specifically exempt from this article:
A.
Minor subdivisions.
B.
Site plans for development where the land will not be disturbed.
C.
Agricultural use of lands when operated in accordance with a form conservation plan approved by the local Soil Conservation District or when it is determined by the local Conservation District that such use will not cause excessive erosion and sedimentation.
§ 255-126 Inspection.
The Township Engineer shall inspect or require adequate inspection of the work carried out pursuant to site approval. If the Township Engineer finds existing conditions not as stated in the applicant's erosion and sediment control plan, he may refuse to approve further work and may require necessary erosion and sedimentation control measures to be promptly installed.
§ 255-127 When effective; repealer.
This Article XIII shall be effective upon approval by the New Jersey Department of Agriculture, at which time the Soil Erosion and Sediment Control Ordinance of Independence Township adopted on February 14, 1977, shall be repealed.