§ 165-255. Detailed standards.

A. The detailed plans, specifications and standards in any soil disturbance and grading plan shall be dictated by the characteristics of the site to be developed and the nature of the development. All such plans shall utilize the Standards for Soil Erosion and Sediment Control in New Jersey, as promulgated by the State Soil Conservation Committee.

§ 165-256. Revocation of building permit or certificate of occupancy.

A. Inspection shall be by the Township Engineer during construction, and the applicant shall be required to have a certified plan on site during construction. The applicant shall allow for at least three business days from request for inspection for the performance of the inspection and the issuance of any approval or denial.

B. The Township may issue a stop-construction order if a project is not being executed in compliance with the certified plan.

C. No certificate of occupancy shall be issued unless there has been compliance with the provisions of approved soil disturbance and grading plan and grading permit. A formal report of such compliance shall be filed with the Construction Official, with a copy to the Hunterdon County Soil Conservation District: An example of the certificate of occupancy inspection is attached to this section.

§ 165-257. Time for construction.

A. Soil erosion and sediment control measures must be installed prior to site disturbance.

B. Construction must begin within six months of any approval or the approval is null and void, and a new application must be submitted for review and approval.

§ 165-258. Fees.

A. The applicant shall pay a review escrow at the time of submission of the soil disturbance and grading plan based on the estimated cost to the Township to have its professional staff review the proposed project. The review escrow of $500 shall be posted for the review and approval of the soil disturbance and grading plan, and the foundation plan/location survey, for all except swimming pools, septic system modifications and driveway modifications.

B. The inspection escrow of $1,500 shall be submitted to the Township prior to the approval of the soil disturbance and grading plan based on the estimated cost to the Township to have its professional staff inspect the proposed project. The inspection escrow shall be for the performance of site inspections and review of the as-built soil disturbance and grading plan to confirm site conditions are in accordance with the approved plans, for all except swimming pools, septic system modifications and driveway modifications.

C. The review escrow for swinuning pools, septic system modifications and driveway modifications shall be $200 for review and approval of the soil disturbance and grading plan outside of the Critical Geologic Formation Areas, and %500 within the Critical Geologic Formation Areas. The inspection escrow shall be $500 for the performance of site inspections outside of the Critical Geologic Formation Areas, and $1,000 for the performance of site inspections and other work required within the Critical Geologic Formation Areas. Submission of foundation plan/location survey and as-built soil disturbance and grading plans are not required for pools or septic modifications or driveway modifications, except as required in Critical Geologic Formation Areas.



**Webmasters Note: § 165-258 C. has been amended by Ordinance No. 988-09, effective July 8, 2009.

D. The applicant may be required to supplement the review and/or inspection escrow based on additional reviews or inspections not anticipated under normal circumstances.

E. Prior to the issuance of the certificate of occupancy, sufficient funds must be available.

F. Upon request, all unused escrow will be returned following completion and billing of all professional services.

§ 165-259. Performance guarantees; maintenance bonds.

A. A performance guarantee shall be posted by the applicant for the performance and completion of the grading and permanent vegetation cover per the approved soil disturbance and grading plan. The Township may provide for the posting of an additional performance bond to address uncompleted work defined in the approved plan prior to issuance of the certificate of occupancy when frozen ground prevents spreading of topsoil or winter months prevent growth or vegetative cover. All work covered under the above bonds must be completed by May 1.

B. All necessary soil erosion and sediment control measures installed under this article shall be adequately maintained for a minimum of one year after initiation of site disturbance or until such measures are permanently stabilized as determined by the Township Engineer. The Township Engineer shall give the applicant, upon request, a certificate indicating the date on which the measures called for in the approved plan were completed.

§ 165-260. Review of plans.

The Township may refer review/approval of the soil disturbance and grading plan for soil erosion and sedimentation control measures to the Hunterdon County Soil Conservation District or such other local, county, state, or federal agency as may be particularly qualified to review the plan.

§ 165-261. Violations and penalties.

A. If any person violates the provisions of this article, any standards promulgated pursuant to the previsions of this article, or fails to comply with the provisions of the certified plan, the Township may institute a civil action in Superior Court for injunctive relief to prohibit and prevent such violation or violations, and the Court may proceed in a summary manner. The person will be liable to a penalty of not less than $25 and not 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.). The Superior Court, County Court, County District Court and Municipal Court shall have jurisdiction to enforce such Penalty Enforcement Law.

B. If the violation is of a continuing nature, each day during which it continues shall constitute and additional separate and distinct offense.