Milltown City Zoning Code
§ 34-33.24
Soil Erosion and Sediment Control.
[Ord. No. 919 Art. XVIII]
All site plans and major subdivisions shall incorporate soil erosion and sediment control programs phased according to the scheduled progress of the development, including anticipated starting and completion dates. The purpose 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 public health, safety, convenience, and general welfare of the community.
a.
Regulation and Permits.
1.
No building permit shall be issued for any application requiring either site plan or major subdivision approval until final plat approval has been given, including an approved soil erosion and sediment control plan.
2.
No person shall proceed with any soil removal, soil disturbance or land grading without first having obtained either a permit for that purpose or a building permit based on an approved plat as outlined above.
b.
Data Required.
1.
A plan showing the area(s) of soil removal, soil disturbance and land grating and establishing the means for controlling soil erosion and sedimentation for each site or portion of a site when developed in stages.
2.
The soil erosion and sediment control measures shall be certified by the Freehold Soil Conservation District in the development of the plan and the selection of appropriate erosion and sediment control measures.
3.
The plan shall be prepared by a professional engineer licensed in the State of New Jersey, except in instances where the preparation of a plan does not include or require the practice of engineering as defined in N.J.S.A. 45:8-28, and shall contain:
(a)
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 County Soil Conservation District Soil Survey (where available).
(b)
Location and description of the work and proposed changes to the site, including contours and spot elevations, showing existing and post-construction conditions, and, in the case of soil mining, a description of the equipment to be used for any processing of the soil and the number of cubic yards of soil to be removed.
(c)
Measures for soil erosion and sediment control.
(d)
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.
(e)
All proposed revisions of data required shall be submitted for approval.
(f)
Description of means for maintenance or erosion and sediment control measures and facilities during and after construction.
c.
General Design Principles.
1.
Control measures shall apply to all aspects of the proposed land disturbances 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:
(a)
Stripping of vegetation, grading or other soil disturbance shall be done in a manner which will minimize soil erosion.
(b)
Whenever feasible, natural vegetation shall be retained and protected.
(c)
The extent of the disturbed area and the duration of its exposure shall be kept within practical limits.
(d)
Either temporary seeding, mulching or other suitable stabilization measures shall be used to protect exposed critical areas during construction or other land disturbances.
(e)
Drainage provisions shall accommodate increased runoff resulting from modified soil and surface conditions during and after development or land disturbance.
(f)
Water runoff shall be minimized and retained on site wherever possible to facilitate groundwater recharge.
(g)
Sediment shall be retained on site.
(h)
Diversions, sediment basins and similar required structures shall be installed prior to any on site grading or land disturbance.
2.
Grading and Filling. All lots where fill material is deposited shall have clean fill and/or topsoil deposited which shall be graded to allow complete surface draining of the lot into local storm sewer systems or natural drainage courses. No regrading of a lot shall be permitted which would create or aggravate water stagnation or a drainage problem on site or on adjacent properties or which will violate this chapter. Grading shall be limited to areas shown on an approved site plan or subdivision. Any topsoil disturbed during approved excavation and grading operations shall be redistributed throughout the site.
3.
Soil Removal and Redistribution. Excavation of soil other than as required for the construction of approved structures and supporting facilities, such as but not limited to streets, driveways and parking areas, shall be prohibited. Regrading of property so as to redistribute topsoil throughout the site from areas excavated shall be done in the following manner to minimize or eliminate the erosion of soil. Any application proposing the disturbance of more than 5,000 square feet of surface area of land as defined in the Soil Erosion and Sediment Control Act (c. 251, P.L. 1975) shall include on its plan the following: the means to control or prevent erosion; providing for sedimentation basin(s) for soil that does erode due to water; controlling drainage, dust and mud on the premises as well as abutting lands; preserving soil fertility and the ability of the area to support plant and tree growth by maintenance of adequate topsoil consisting of at least six inches of the original layer; maintaining necessary lateral support and grades of abutting lands, structures and other improvements; preventing pits and declivities which are hazardous or which provide insect breeding locations; and not altering the physical limitations and characteristics of the soil in such a way as to prevent the use to which the land may lawfully be put.
d.
Maintenance. All erosion and sediment control measures installed shall be maintained for one year after completion of the improvements or until such measures are permanently stabilized as determined by the Municipal Engineer, whichever is longer. The Municipal Engineer shall give the applicant, upon the applicant's request, certification of this determination.
e.
Engineer Report and Public Hearing. If no subdivision or site plan review is required, a separate report by the Municipal Engineer shall be obtained. The Municipal Engineer shall make a report on the application within 30 days of its receipt. The report shall comment upon all the requirements of this section, including but not limited to soil characteristics, slopes, quantities of soil involved, water table, drainage, road capacities, performance bonds and the utility of the site following completion of the operation. All applications shall require a public hearing as set forth in Article III.
f.
Exemptions. The following activities are specifically exempt from the soil erosion and sediment control provisions:
1.
Land disturbance associated with the construction of a single family dwelling unit unless such unit is a part of a proposed subdivision, site plan, zoning ordinance or building permit application involving two or more such single family dwelling units.
2.
Land disturbances of 5,000 square feet or less of the surface area of land for the accommodation of construction for which the Standard Building Code of the State of New Jersey would require a building permit.
3.
Agricultural use of lands when operated in accordance with a farm conservation plan approved by the Soil Conservation District or when it is determined by the local Soil Conservation District that such use will not cause excessive erosion and sedimentation.
4.
Use of land for gardening primarily for home occupation.
5.
Percolation tests and/or soil borings.