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 during and after construction in order to promote the safety, public health, convenience and general welfare of the community

A.No preliminary plat submitted to the municipal agency pursuant to Article VII of this chapter shall be approved by said municipal agency unless the same includes a soil erosion and sediment control plan developed in accordance with the standards for soil erosion and sediment control The developer may consult with the Hudson-Essex-Passaic Soil Conservation District in the development of the plan and the selection of appropriate erosion and sediment control measures The developer 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 Article, except as exempted by § 134-118 hereof [Amended 6-7-78 by Ord. No. 22-1978]

B.A developer applying for site plan approval pursuant to Article IX of this chapter may be required to submit a soil erosion and sediment control plan as is required by Subsection A above In determining whether an applicant for site plan approval should he required to submit said plan, the municipal agency shall consider the extent of land disturbance, existing and proposed topography of the site and size of the proposed structure and/or building If the developer is required to receive soil erosion and sedimentation control plan approval, proof of such approval shall be submitted as part of the application for final site plan approval [Amended 7-7-82 by Ord. No. 42-19821

C.Applications for soil removal permits shall be required to submit a soil erosion and sediment control plan as is required by Subsection A above

A.[Amended 6-7-78 by Ord. No 22-19781 The developer must submit to the municipal agency a separate soil erosion and sediment control plan for each major subdivision, site plan (as per § 134-111 above), change of zone, conditional use, zoning variance or planned development application, building permit, soil removal application or other application, unless exempted therefrom Such plan shall contain

(1) 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 Soil Conservation District's soil survey, where available

(2) Location and description of proposed changes to the site

(3) Soil erosion and sediment control measures shall comply with the standards for soil erosion and sediment control Such standards shall be on file at the offices of the Soil Conservation District and the Township Clerk [Amended 6-7-78 by Ord. No. 2219781

(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.

B. All proposed revisions of data required shall be submitted for approval.

[Amended 6-7-78 by Ord. No. 22-1978]

A.Erosion and sediment control plans shall be reviewed and approved by the municipal agency when in conformance with the standards for soil erosion and sediment control. Such review and approval shall be made within a period of thirty (30) days of submission of a complete application unless, by mutual agreement in writing between the township and the applicant, this period is extended for an additional thirty (30) days Failure of the township to make a decision within such period or such extension thereof shall constitute certification

B. 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, site location by street address and block and lot number, and proposed land use, shall be sent to the Hudson-Essex-Passaic Sod Conservation District The township shall also make available such other information as may be required by the district

C. The municipal agency may seek the assistance of the Hudson-Essex-Passaic 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 Hudson-Essex-Passaic Soil Conservation District

Control measures shall apply to all aspects of the proposed site 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

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 to a practical minimum.

D. Either temporary seeding, mulching or other suitable stabilization measures shall be used to protect exposed critical areas during construction or other land disturbance

E. Drainage provisions shall accommodate all increased runoff resulting from modifications of soil and surface conditions during and after development or disturbance Such provisions shall be in addition to existing requirements

F. Water runoff shall be minimized and retained on-site wherever possible to facilitate groundwater recharge

G. Sediment shall be retained on-site to the maximum extent feasible [Amended 6-7-78 by Ord. No 22-1978]

H. Diversions, sediment basins and similar required means of control shall be installed prior to any on-site grading or disturbance of existing surface material

Before any permit shall be granted by the Township Engineer or work performed, the developer shall file with the Township Clerk a performance guaranty, approved as to form by the Township Attorney and with surety, in an amount in accordance with the recommendation of the Township Engineer, which amount shall be sufficient to ensure the faithful performance of the work to be undertaken as approved In the case of a development requiring preliminary site plan approval, said Performance guaranty shall be submitted as part of the final site plan application

All necessary soil erosion and sediment control measures installed under this Article shall be adequately maintained for one (1) year after completion of the approved plan or until such measures are permanently stabilized as determined by the Township Engineer The Township Engineer shall give the developer, upon request, a certificate indicating the date on which the measures called for in the approved plan were completed

A.Any person who violates any of the provisions of this Article or any standard promulgated pursuant to this Article or falls to comply with the provisions of a certified plan shall be liable to a penalty of not less than twenty-five dollars ($25 ) nor more than three thousand dollars ($3,000) to be collected in a summary proceeding pursuant to the Penalty Enforcement Law (NJSA 2A 58-1 et seq ) The Superior Court, County Court, County District Court and Municipal Court shall have jurisdiction to enforce said Penalty Enforcement Law. If the violation is of a continuing nature, each day during which it continues shall constitute an additional separate and distinct offense

B.In addition to the foregoing, the municipality may issue a stop construction order if a project is not being executed in accordance with a certified plan, and no certificate of occupancy for a project shall be issued unless there has been compliance with the provisions of a certified plan for permanent measures to control soil erosion and sedimentation A formal report of such compliance must be filed with the Township Construction Official authorized to issue certificates of occupancy A copy of this report shall be sent to the Hudson-Essex-Passaic Soil Conservation District

The following activities are specifically exempt from this Article

* Minor subdivisions, except that for minor subdivisions the municipal agency shall require as a condition of approval that a soil erosion and sediment control plan be submitted in conjunction with site plan at the time a building permit is applied for [Amended 6-7-78 by Ord No. 22-1978]

* Agricultural use of lands when operated in accordance with a farm conservation plan approved by the local Soil Conservation District or when it is determined by the local Soil Conservation District that such use will not cause excessive erosion and sedimentation

If the Township Engineer finds existing conditions not as stated in the applicant's erosion and sediment control plan, he shall refuse to approve further work and shall require necessary erosion and sedimentation control measures to be promptly installed The applicant shall, at all times during construction, have the certified plan on-site The Planning Board shall be empowered to investigate, inspect or ascertain whether any applicant or property owner is complying with this Article These powers shall be supplemental to the powers accorded the Township of Wayne in the enforcement of its ordinances and laws

A. This ordinance' shall take effect following final municipal adoption and publication according to law and upon subsequent and final approval by the State Soil Conservation Committee.

B. Any proposed changes must be approved by the State Soil Conservation Committee prior to municipal enactment.