Long Hill Township City Zoning Code

§ LU-145.2

Sediment Control.

Development Applications. No application for the approval of any project shall be granted unless and until a soil erosion and sediment control plan shall have been submitted to and approved by the approving authority.

Other Activity.

In situations where no project approval is required, it shall be unlawful for any person to create or cause any land disturbance which poses the risk of, or which may reasonably be anticipated to result in, material, substantial, harmful or otherwise detrimental soil erosion or sedimentation of or to any land or watercourse unless and until a soil erosion and sediment control plan shall have been submitted to and approved by the Planning Board.

Such review and approval shall be made within a period of 30 days of the submission of a complete application unless, by mutual agreement in writing between the Township and the applicant, this period is extended for an additional 30 days. Failure of the Township to make a decision within such period or such extension thereof shall constitute certification.

The applicant shall be provided with written notice of such decision by the Township Engineer. A copy of such decision including the name of the applicant, the site location by street address and block and lot number and the proposed land use shall be sent to the Morris County Soil Conservation District. The Township shall also make available such other information as may be required by the District.

Principles and Standards.

The soil erosion and sediment control plan shall be comprised of a map and written report, together with whatever other instruments, writings, drawings, plans or specifications are necessary or appropriate under the circumstances, which fully and adequately describe both temporary and permanent measures to be employed to control, minimize and protect against soil erosion and sedimentation from a proposed land disturbance, taking into account the particular nature and characteristics of the land, the surrounding area, the watercourses, the land disturbance and the planned development involved. The plan shall cover all stages and aspects of the proposed land disturbance and planned development from grading, stripping, excavation and other site preparation through and including both final grading and the installation of permanent improvements. It shall accordingly include a timing schedule or schedules indicating both of the following:

The anticipated starting and completion dates of each step in the land disturbance and development sequence and the time of exposure of each land area prior to the completion of effective erosion and sediment control measures.

The sequence of installation of planned erosion and sediment control measures as related to the disturbance and development sequence referred to in Subsection (a) above, including anticipated starting and completion dates of such installations.

Soil erosion and sediment control measures may, as a minimum, utilize and meet the Standards for Soil Erosion and Sediment Control in New Jersey, as promulgated by the State Soil Conservation Committee and as the same may hereafter be amended and supplemented.

In addition, the following general conditions shall be met by the applicant:

It shall be the responsibility of the applicant to design the project in accordance with standards set by the approving authority to maintain as nearly as possible the predevelopment state and condition of any stream, watercourse, swale, floodplain, wetland, pond, lake or existing maintenance facility.

It shall be the responsibility of the applicant to promptly remove sediment resulting from the applicant's project from any stream or watercourse, pond, lake or drainage facility.

In addition, the following measures or considerations shall be incorporated in the soil erosion and sediment control plan:

The smallest practical area of land shall be exposed at any one time during development, and the duration of such exposure shall be kept to a practical minimum. If disturbance is within 250 feet of steep slopes, a waterway, wetlands or similar critical areas, the Planning Board may require a special timetable for construction including, for example, certified completion of roadways and utilities before beginning site-by-site construction on individual lots.

Whenever feasible, natural vegetation and the natural ground surface shall be retained and protected.

Temporary vegetative protection plant cover and/or mulching shall be used to protect erosion areas during development.

Diversions and outlets, both temporary and permanent, shall be constructed and/or installed to accommodate the increased runoff caused by the changed soil and surface conditions during and after development.

Disturbed soil shall be stabilized as quickly as practicable.

Until the disturbed area is stabilized, sediment in the runoff water shall be trapped and removed to the maximum extent feasible by the use of debris basins, sediment basins, desilting basins, silt traps or other acceptable methods.

Whenever feasible, development shall preserve salient natural features and existing grades, thereby keeping grading, stripping and excavation to a minimum.

Adequate provisions shall be made to minimize the damaging of slopes and embankments by surface water. Cutoff ditches or diversions may be utilized for this purpose.

Fill shall be placed and compacted so as to minimize sliding or erosion and shall not encroach on watercourses.

Fill placed adjacent to a watercourse shall have suitable protection against erosion for all weather stream flow conditions and particularly during periods of flooding.

During grading operations, methods for dust control will be exercised.

During grading, excavation and other construction activities, slopes and embankments shall be stabilized by mulching with straw sprayed with an asphalt mixture, jute matting staked in position, a seeding of annual rye grass or other acceptable method.

Permanent (final) vegetative protection, plant cover, lawn or ground cover and mechanical erosion control devices and measures shall be installed or constructed and completed as soon as practicably possible.

Permanent improvements, such as roads, catch basins, curbs and the like, shall be installed or constructed and completed as soon as practicably possible.

Implementation.

In considering and approving a soil erosion and sediment control plan, the approving authority:

Shall have the right, among other things, to fix the time schedule for exposure of land areas and for the construction and installation of improvements, or the taking of other measures, to prevent soil erosion and sedimentation, and may require that such work or measures be completed prior to any site development work.

Shall provide for the posting of performance guaranties and maintenance bonds in the same manner as provided in this Ordinance.

May refer the plan to the Soil Conservation District and/or to any other qualified governmental agency or agencies for review and shall take no action on the plan before the expiration of a period of 30 days within which the Soil Conservation District or other governmental agencies may submit a report or until after the report is received, whichever is sooner.

May impose lawful conditions or requirements necessary or desirable for proper implementation of the plan and of the purpose and intent of this section.

After a soil erosion and sediment control plan has been approved, it shall be unlawful for the applicant therefor, or any person performing services in implementing the plan, knowingly to deviate from, change, amend or modify the plan in any way, except in accordance with the provisions of Subsection 3 below.

Minor changes, amendments or modifications to a soil erosion and sediment control plan required as a result of conditions in the field during construction may be approved by the Township Engineer who shall, in turn, notify the approving authority thereof. Major changes, amendments or modifications to such a plan shall require the approval of the approving authority.

Maintenance. Any person carrying out soil erosion and sediment control measures under this section, and all subsequent owners of the property upon which such measures have been carried out, shall adequately maintain all permanent control measures, devices and plantings in good order for a period of two years after completion of the approval plan implementation or until such measures are permanently stabilized as determined by the Township Engineer, whichever occurs sooner. Maintenance bonds therefor shall be posted in connection therewith as provided for in this section.

Enforcement.

No approval of occupancy of any building shall be granted unless all measures required under the soil erosion and sediment control plan have been completed in accordance with this section. A formal report of compliance with the provisions of the approved soil erosion and sediment control plan shall be filed with the Construction Official. A copy of the report shall be sent to the Morris County Soil Conservation District. Approval for occupancy may be granted notwithstanding that permanent (final) vegetative protection, plant cover or lawn or ground cover has not been installed if such permanent protection and cover has not and cannot be installed because of conditions of weather, and the installation thereof is enforced by appropriate provisions in the bond or other security and improvement agreements which shall provide for installation within such time limits as may be reasonable upon direction of the Township Engineer, as soon as weather conditions shall permit. If permanent protection and cover has not and cannot be installed, temporary measures, in accordance with the Standards for Soil Erosion and Sediment Control in New Jersey, as promulgated by the State Soil Conservation Committee, must be installed until such time as permanent measures can be installed in accordance with the bond and agreement.

The applicant shall be required to have the approved or certified soil erosion and sediment control plan on site during construction.

The Township Engineer shall enforce the requirements of this section and shall inspect the work being undertaken in connection with a plan. In the event of a failure to comply with any condition or thing in the plan, the Township Engineer may issue stop orders and generally take such action as may be justified under the circumstances, including a recommendation to the Construction Official to revoke the building permit or certificate of occupancy.

Fees.

Prior to the commencement of the construction of improvements or of any other work to be done in accordance with the terms and provisions of this section and the soil erosion and sediment control plan, an inspection fee shall be paid to the Township. The inspection fee shall be based upon an hourly rate schedule for various Township employees who will, or may, perform inspection services, said schedule to be as established and amended from time to time by resolution of the Township Committee, and an estimate by the Township Engineer of the total inspection costs based upon the rate schedule and the anticipated inspection services.

Should the total inspection fee paid hereunder be greater than the actual inspection cost, the difference shall be refunded to the applicant after all inspections are completed.

Should the total inspection cost be greater than the inspection fee paid hereunder, the difference shall be paid to the Township prior to the release of any performance guaranties.

Long Hill Township City Zoning Code

§ LU-145.2

Sediment Control.

Development Applications. No application for the approval of any project shall be granted unless and until a soil erosion and sediment control plan shall have been submitted to and approved by the approving authority.

Other Activity.

In situations where no project approval is required, it shall be unlawful for any person to create or cause any land disturbance which poses the risk of, or which may reasonably be anticipated to result in, material, substantial, harmful or otherwise detrimental soil erosion or sedimentation of or to any land or watercourse unless and until a soil erosion and sediment control plan shall have been submitted to and approved by the Planning Board.

Such review and approval shall be made within a period of 30 days of the submission of a complete application unless, by mutual agreement in writing between the Township and the applicant, this period is extended for an additional 30 days. Failure of the Township to make a decision within such period or such extension thereof shall constitute certification.

The applicant shall be provided with written notice of such decision by the Township Engineer. A copy of such decision including the name of the applicant, the site location by street address and block and lot number and the proposed land use shall be sent to the Morris County Soil Conservation District. The Township shall also make available such other information as may be required by the District.

Principles and Standards.

The soil erosion and sediment control plan shall be comprised of a map and written report, together with whatever other instruments, writings, drawings, plans or specifications are necessary or appropriate under the circumstances, which fully and adequately describe both temporary and permanent measures to be employed to control, minimize and protect against soil erosion and sedimentation from a proposed land disturbance, taking into account the particular nature and characteristics of the land, the surrounding area, the watercourses, the land disturbance and the planned development involved. The plan shall cover all stages and aspects of the proposed land disturbance and planned development from grading, stripping, excavation and other site preparation through and including both final grading and the installation of permanent improvements. It shall accordingly include a timing schedule or schedules indicating both of the following:

The anticipated starting and completion dates of each step in the land disturbance and development sequence and the time of exposure of each land area prior to the completion of effective erosion and sediment control measures.

The sequence of installation of planned erosion and sediment control measures as related to the disturbance and development sequence referred to in Subsection (a) above, including anticipated starting and completion dates of such installations.

Soil erosion and sediment control measures may, as a minimum, utilize and meet the Standards for Soil Erosion and Sediment Control in New Jersey, as promulgated by the State Soil Conservation Committee and as the same may hereafter be amended and supplemented.

In addition, the following general conditions shall be met by the applicant:

It shall be the responsibility of the applicant to design the project in accordance with standards set by the approving authority to maintain as nearly as possible the predevelopment state and condition of any stream, watercourse, swale, floodplain, wetland, pond, lake or existing maintenance facility.

It shall be the responsibility of the applicant to promptly remove sediment resulting from the applicant's project from any stream or watercourse, pond, lake or drainage facility.

In addition, the following measures or considerations shall be incorporated in the soil erosion and sediment control plan:

The smallest practical area of land shall be exposed at any one time during development, and the duration of such exposure shall be kept to a practical minimum. If disturbance is within 250 feet of steep slopes, a waterway, wetlands or similar critical areas, the Planning Board may require a special timetable for construction including, for example, certified completion of roadways and utilities before beginning site-by-site construction on individual lots.

Whenever feasible, natural vegetation and the natural ground surface shall be retained and protected.

Temporary vegetative protection plant cover and/or mulching shall be used to protect erosion areas during development.

Diversions and outlets, both temporary and permanent, shall be constructed and/or installed to accommodate the increased runoff caused by the changed soil and surface conditions during and after development.

Disturbed soil shall be stabilized as quickly as practicable.

Until the disturbed area is stabilized, sediment in the runoff water shall be trapped and removed to the maximum extent feasible by the use of debris basins, sediment basins, desilting basins, silt traps or other acceptable methods.

Whenever feasible, development shall preserve salient natural features and existing grades, thereby keeping grading, stripping and excavation to a minimum.

Adequate provisions shall be made to minimize the damaging of slopes and embankments by surface water. Cutoff ditches or diversions may be utilized for this purpose.

Fill shall be placed and compacted so as to minimize sliding or erosion and shall not encroach on watercourses.

Fill placed adjacent to a watercourse shall have suitable protection against erosion for all weather stream flow conditions and particularly during periods of flooding.

During grading operations, methods for dust control will be exercised.

During grading, excavation and other construction activities, slopes and embankments shall be stabilized by mulching with straw sprayed with an asphalt mixture, jute matting staked in position, a seeding of annual rye grass or other acceptable method.

Permanent (final) vegetative protection, plant cover, lawn or ground cover and mechanical erosion control devices and measures shall be installed or constructed and completed as soon as practicably possible.

Permanent improvements, such as roads, catch basins, curbs and the like, shall be installed or constructed and completed as soon as practicably possible.

Implementation.

In considering and approving a soil erosion and sediment control plan, the approving authority:

Shall have the right, among other things, to fix the time schedule for exposure of land areas and for the construction and installation of improvements, or the taking of other measures, to prevent soil erosion and sedimentation, and may require that such work or measures be completed prior to any site development work.

Shall provide for the posting of performance guaranties and maintenance bonds in the same manner as provided in this Ordinance.

May refer the plan to the Soil Conservation District and/or to any other qualified governmental agency or agencies for review and shall take no action on the plan before the expiration of a period of 30 days within which the Soil Conservation District or other governmental agencies may submit a report or until after the report is received, whichever is sooner.

May impose lawful conditions or requirements necessary or desirable for proper implementation of the plan and of the purpose and intent of this section.

After a soil erosion and sediment control plan has been approved, it shall be unlawful for the applicant therefor, or any person performing services in implementing the plan, knowingly to deviate from, change, amend or modify the plan in any way, except in accordance with the provisions of Subsection 3 below.

Minor changes, amendments or modifications to a soil erosion and sediment control plan required as a result of conditions in the field during construction may be approved by the Township Engineer who shall, in turn, notify the approving authority thereof. Major changes, amendments or modifications to such a plan shall require the approval of the approving authority.

Maintenance. Any person carrying out soil erosion and sediment control measures under this section, and all subsequent owners of the property upon which such measures have been carried out, shall adequately maintain all permanent control measures, devices and plantings in good order for a period of two years after completion of the approval plan implementation or until such measures are permanently stabilized as determined by the Township Engineer, whichever occurs sooner. Maintenance bonds therefor shall be posted in connection therewith as provided for in this section.

Enforcement.

No approval of occupancy of any building shall be granted unless all measures required under the soil erosion and sediment control plan have been completed in accordance with this section. A formal report of compliance with the provisions of the approved soil erosion and sediment control plan shall be filed with the Construction Official. A copy of the report shall be sent to the Morris County Soil Conservation District. Approval for occupancy may be granted notwithstanding that permanent (final) vegetative protection, plant cover or lawn or ground cover has not been installed if such permanent protection and cover has not and cannot be installed because of conditions of weather, and the installation thereof is enforced by appropriate provisions in the bond or other security and improvement agreements which shall provide for installation within such time limits as may be reasonable upon direction of the Township Engineer, as soon as weather conditions shall permit. If permanent protection and cover has not and cannot be installed, temporary measures, in accordance with the Standards for Soil Erosion and Sediment Control in New Jersey, as promulgated by the State Soil Conservation Committee, must be installed until such time as permanent measures can be installed in accordance with the bond and agreement.

The applicant shall be required to have the approved or certified soil erosion and sediment control plan on site during construction.

The Township Engineer shall enforce the requirements of this section and shall inspect the work being undertaken in connection with a plan. In the event of a failure to comply with any condition or thing in the plan, the Township Engineer may issue stop orders and generally take such action as may be justified under the circumstances, including a recommendation to the Construction Official to revoke the building permit or certificate of occupancy.

Fees.

Prior to the commencement of the construction of improvements or of any other work to be done in accordance with the terms and provisions of this section and the soil erosion and sediment control plan, an inspection fee shall be paid to the Township. The inspection fee shall be based upon an hourly rate schedule for various Township employees who will, or may, perform inspection services, said schedule to be as established and amended from time to time by resolution of the Township Committee, and an estimate by the Township Engineer of the total inspection costs based upon the rate schedule and the anticipated inspection services.

Should the total inspection fee paid hereunder be greater than the actual inspection cost, the difference shall be refunded to the applicant after all inspections are completed.

Should the total inspection cost be greater than the inspection fee paid hereunder, the difference shall be paid to the Township prior to the release of any performance guaranties.