The general purpose of this chapter is to promote the public health, safety, convenience and general welfare of the Township of Mendham through the protection of environmental resources by preventing floods and controlling soil erosion, sedimentation and related environmental damage resulting from but not necessarily limited to the disturbance of land or earth by construction activities such as those for housing, commercial, utility, highway, public works and other similar developments.
The specific purposes of this chapter are to require adequate provisions for
a. The protection of the water quality of streams.
b. The prevention of danger to life and property from flooding resulting from excessive runoff and sedimentation of waterways and drainage facilities.
c. The detention of surface waters, including both temporary and permanent measures.
d. Maintaining the useful life of brooks, streams, ponds and lakes by preventing sedimentation.
e. Preserving the recreational use of water bodies for swimming and fishing.
f. Reducing public expenditures for repair and maintenance of public facilities resulting from flooding, soil erosion and sedimentation.
g. Conserving the taxable value of property by preserving the environmental character of the township.
For purposes of interpretation and enforcement of this chapter the following words, terms and phrases shall have the meanings set forth below except when the context clearly indicates otherwise.
APPLICANT . A person requesting the issuance of a land disturbance permit.
APPLICATION . A submission meeting the requirements of a COMPLETE APPLICATION, as hereinafter defined.
APPROVED PLAN . A Plan, as hereinafter defined, which has been reviewed and approved by the proper township authority.
CERTIFICATION . A written and signed statement by the township engineer that specific construction and/or land treatment measures required by a Plan, as hereinafter defined, have been performed in accordance with all of the terms and conditions therefor and in accordance with STATE STANDARDS, as hereinafter defined, and the provisions of this ordinance.
COMPLETE APPLICATION . The submission to the township clerk of the following: (1) an application form completed and executed by the applicant, (2) a Plan, as hereinafter defined, (3) all required accompanying documents, and (4) the appropriate filing fee.
CONDITIONAL USE . A land use permitted by Chapter XXI, Zoning Regulations, but only upon the issuance of an authorization therefor by the township planning board or zoning board of adjustment.
CONSTRUCTION PERMIT . A permit issued for a building or structure in accordance with the State Uniform Construction Code Act and Regulations promulgated thereunder.
CRITICAL AREA . An area which has a high potential for erosion, sedimentation or related environmental damage, or an area which has experienced such damage.
CUT . A portion of land surface or area from which earth has been removed or will be removed by excavation; the depth below original ground surface to excavated surface.
DETENTION POND OR BASIN . A pond, basin or other structure or measure that provides for temporary storage of storm water and which includes a spillway or other facility to release the water at a controlled rate of flow.
DIVERSION . A channel with or without a supporting ridge on the lower side constructed across or at the bottom of a slope.
EMBANKMENT . A man-made deposit of soil, rock or other materials.
EROSION . The detachment, wearing away or movement of soil or rock fragments by the action of water, wind, ice or gravity.
EXCAVATION . Any act by which soil or rock is cut into, dug, quarried, uncovered, removed, displaced or relocated.
EXISTING GRADE . The vertical location of the existing ground surface prior to cutting or filling.
FARM CONSERVATION PLAN . A plan developed in accordance with the Morris County Soil Conservation District which provides for use of land, within its capabilities and treatment, within practical limits, according to chosen use to prevent further deterioration of soil and water resources.
FILL . A man-made deposit of soil, rock or other materials.
FINISHED GRADE . The final grade or elevation of the ground surface conforming to a proposed design.
FLOOD PLAIN . The land bordering or adjacent to a river, stream, brook, lake, pond, swamp or other waterway which is subject to flooding as evidenced by (1) observed or recorded flood events, (2) alluvial soil as shown on soil maps, or (3) as determined by other soil or hydraulic studies.
GOVERNMENT AGENCY . Any department, commission, independent agency or instrumentality of the United States or of the State of New Jersey, and any county or other governmental unit.
GRADING . Any stripping, cutting, filling or stockpiling, or any combination thereof, this term including the land in its cut or filled condition.
LAND . Any ground, soil or earth including marshes, swamps, drainageways and areas not permanently covered by water.
LAND DISTURBANCE . Any activity involving the clearing, cutting, excavation, grading, filling, storing, transporting of land or any other activity which causes land to be exposed to the danger of erosion.
LAND DISTURBANCE PERMIT . A permit issued pursuant to the provisions of this ordinance authorizing land disturbance subject to the terms and conditions of the permit.
MORRIS COUNTY SOIL CONSERVATION DISTRICT . A governmental subdivision of this State, which encompasses the township, organized in accordance with the provisions of R.S. 4:24-1 and following.
MULCHING . The application of plant or other suitable materials on the soil surface to conserve moisture, hold soil in place and aid in establishing plant cover.
NATURAL GROUND SURFACE . The existing surface of land prior to any land disturbance.
PERMIT . See LAND DISTURBANCE PERMIT.
PERSON . Any individual, partnership, corporation or other legal entity, including a government agency.
PLAN . See SOIL EROSION, SEDIMENT CONTROL AND FLOOD PREVENTION PLAN.
PLANNED DEVELOPMENT . Any planned development that may be permitted under the provisions of Chapter XXI, Zoning Regulations.
PROFESSIONAL ENGINEER . An engineer duly registered or licensed by the State of New Jersey to practice in the field of civil engineering.
PROJECT . Any activity, undertaking, construction or work of any nature which involves land disturbance. The term includes but is not limited to the improvement or development of land pursuant to any conditional use, construction permit, planned development, site plan, subdivision or zoning variance.
SEDIMENT . Solid material, both mineral and organic, that is in suspension, is being transported or has been moved from its site or origin by erosion.
SEDIMENT BASIN . A pond, basin or other structure or measure that provides for the detention of water and the deposit of sediment.
SITE . A lot, tract or parcel of land or a combination of contiguous lots, tracts or parcels of land.
SITE PLAN . A plan for the development off one or more lots required to be reviewed and approved in accordance with the provisions of Chapter XVI, Subdivision and Site Plan Review.
SLOPE . The degree of deviation of a surface from the horizontal usually expressed in percent or degree.
SOIL . All unconsolidated mineral and organic material of whatever origin which overlies bedrock and which can be readily excavated.
SOIL EROSION, SEDIMENT CONTROL AND FLOOD PREVENTION PLAN . A Plan (referred to in this ordinance by the term "Plan") which indicates construction and/or land treatment measures, including a schedule of the timing for their performance, to effectively prevent floods and minimize soil erosion and sedimentation. Every Plan shall meet or exceed STATE STANDARDS as hereinafter defined.
SOILS ENGINEER . A professional engineer who is qualified by education, training and experience to practice applied soil mechanics and foundation engineering.
STANDARDS . See STATE STANDARDS.
STATE STANDARDS . Standards for Soil Erosion and Sediment Control in New Jersey as promulgated by the State Soil Conservation Committee.
STRIPPING . Any activity which removes or significantly disturbs vegetated or otherwise stabilized soil surface, including clearing and grubbing operations.
SUBDIVISION . The division of a lot, tract or parcel of land into two or more lots, tracts or parcels in accordance with the provisions of Chapter XVI, Subdivision and Site Plan Review.
TEMPORARY PROTECTION . Stabilization of erosive or sediment-producing areas of land.
VEGETATIVE PROTECTION . Stabilization of erosive or sediment-producing areas of land by covering the soil with one or more of the following: (1) permanent seeding or permanent plantings producing long-term vegetative cover, (2) short-term seeding or short-term plantings producing temporary vegetative cover, and (3) sodding, producing areas covered with a turf of perennial sod-forming grass.
WATERCOURSE . A natural or artificial river, stream, brook, ditch, channel, conduit, gully, drain, culvert, ravine, wash or other waterway in which water flows in a definite direction or course, either continuously or intermittently, within a definite channel, and including any area adjacent thereto subject to inundation by reason of overflow of flood water.
ZONING VARIANCE . Any land use which may be permitted as a departure from the provisions of Chapter XXI, Zoning Regulations.
No person shall within the Township of Mendham undertake or commence any project within the meaning of that term as defined in section 19-2, except a project which is exempt under the provisions of section 19-4, without first having obtained a land disturbance permit.
The following projects are exempt from the provisions of this chapter.
a. The construction of a single-family dwelling unit where such unit is not part of a proposed subdivision, site plan, conditional use, zoning variance, planned development, or construction permit application involving two or more such single-family dwelling units.
b. Land disturbance in accordance with a farm conservation plan.
c. The planting and harvesting of crops, plants, flowers or shrubs in fields or areas devoted to such use prior to the adoption of this ordinance.
d. Road and road shoulder maintenance work performed by the township department of public works.
e. Projects exempted by State law from the requirements of this ordinance.
If the project subject of the application involves a conditional use, planned development, site plan, subdivision, or zoning variance, the application for land disturbance permit shall be reviewed and acted upon by the township planning board. All other applications for land disturbance permits shall be reviewed and acted upon by the township engineer.
Notwithstanding the provisions of the preceding paragraph of this subsection 19-5.1, whenever the zoning board of adjustment is reviewing an application for approval of a use variance pursuant to the provisions of R.S. 40:55D-70(d) such board shall review and act upon any application for a land disturbance permit, and accordingly in such cases whenever the words "planning board" appear in this ordinance they shall be read as "zoning board of adjustment".
An applicant shall obtain an application form from the township clerk. The form shall require among other information the name, address and telephone number(s) of the applicant, the project site location by street address and block and lot number, the proposed use of the site, any related applications for land use development approval and sufficient information for calculation of the filing fee required by subsection 19-5.4. The form shall also provide adequate space for approval or disapproval as well as the insertion of special provisions as terms and conditions of approval and the amount of any performance guarantee required.
Every application for a land disturbance permit shall be accompanied by a Plan meeting the requirements set forth in this subsection 19-5.3.
a. The Plan. The Plan shall comprise maps showing the project and site and a 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, sedimentation and flooding 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 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 finished grade and the installation of permanent improvements. It shall accordingly include a timing schedule or schedules indicating both: (1) 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, and (2) the sequence of installation of planned erosion and sediment control measures as related to the disturbance and development sequence referred to in (1) above, including anticipated starting and completion dates of such installations.
The scale of maps used within the Plan shall be sufficiently large to show the details of the work being done in the project. Key maps of smaller scale shall be used to show the location of the project with respect to site boundaries, roads, streams, bodies of water, and dwellings and structures which may be affected by the project.
The Plan shall include a soil map as prepared by the United States Department of Agriculture Soil Conservation Service upon which the proposed development shall be superimposed. The soil boundaries shall also be shown on the Plan.
b. General Conditions.
(1) It shall be the responsibility of the applicant to design his project so as to maintain as nearly as possible in its present state and condition any stream, watercourse, swales, flood plain, wetland, swamp, pond or lake.
(2) The maintenance or repair of any of the above or of drainage facilities damaged or otherwise adversely affected by reason of the applicant's project shall be the responsibility of the applicant. Such maintenance or repair work shall be promptly performed.
(3) It shall be the responsibility of the applicant to promptly remove sediment from any stream or watercourse, pond, lake, or drainage facility resulting from the applicant's project.
(4) No person shall block, impede the flow of, alter or construct any structure or deposit any material or thing or commit any act which will affect normal or flood flow in any stream or watercourse without having obtained a land disturbance permit and, where required, prior approval from the Morris County Soil Conservation District or other state agency.
(5) All drainage or storm water facilities proposed by the applicant or to be utilized by the applicant, including the discharge area, shall have the capacity to transport runoff from the drainage area as if such area were fully developed in accordance with the master plan and zoning ordinance of the township.
(6) An objective of the Plan shall be to maximize groundwater recharge and to minimize runoff, as well as the retention of sediment to the maximum extent feasible.
c. Soil Erosion and Sediment Control Measures. Soil erosion and sediment control measures shall as a minimum utilize and meet Standards for Soil Erosion and Sediment Control in New Jersey as promulgated by the State Soil Conservation Committee.
In addition, to the extent applicable in particular situations, the following measures or considerations shall be incorporated in the Plan;
(1) The smallest practicable area of land shall be disturbed at any one time during development and the duration of such disturbance shall be kept to a practical minimum.
(2) Whenever feasible, natural vegetation and the natural ground surface shall be retained and protected.
(3) Temporary vegetative protection plant cover or mulching, or a combination of both, shall be used to protect erosion areas during development.
(4) Diversions and outlets, both temporary and permanent, shall be constructed or installed to accommodate the runoff caused by the changed soil and surface conditions during and after development.
(5) Disturbed soil shall be stabilized as quickly as practicable.
(6) Until the disturbed area is stabilized, sediment in the runoff water shall be trapped and removed by the use of debris basins, sediment basins, desilting basins, silt traps or other acceptable methods.
(7) Whenever feasible, development shall preserve natural features and existing grades, thereby keeping grading, stripping and excavation to a minimum.
(8) Adequate provisions shall be made to minimize surface water damage to slopes and embankments. Diversions may be utilized for this purpose.
(9) Fill shall be placed and stabilized so as to minimize erosion and shall encroach on areas within 100 feet of watercourses or water bodies unless specifically approved.
(10) During grading operations, approved methods for dust control shall be exercised.
(11) During grading, excavation and other construction activities, slopes and embankments shall be stabilized by mulching with straw sprayed with an asphalt mixture, or jute matting staked in position, or a seeding of annual rye grass, or a combination of the foregoing, or other acceptable method.
(12) 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 practicable.
(13) Permanent improvements, such as pavement, catch basins, curbs and the like, shall be installed or constructed and completed as soon as practicable.
(14) Permanent detention ponds shall be constructed whenever feasible to temporarily retain the increased runoff resulting from modifications to the land. Such detention facilities shall conform with standards and criteria established or approved by the township engineer and shall be designed to control runoff from all storms recurring in 100 years except where adverse site conditions prevent the practical construction of such facilities and such requirement is waived by the township planning board upon recommendation of the township engineer. The township engineer shall approve all plans for detention facilities and such plans shall also be approved by the County of Morris and agencies of the State of New Jersey when required.
d. Qualifications of Preparer of Plan. The Plan shall be prepared by a professional engineer or soils engineer and shall be signed and sealed by the person who prepared it.
