Current through Register Vol. 56, No. 24, December 18, 2024
(a) Application for soil erosion and sediment
control plan certification shall be made to the local district utilizing standard
application forms adopted by the Committee. Such application shall indicate the
information required to make a decision on certification of plans. Application forms
are available at locations listed at
N.J.A.C. 2:90-1.3.
(b) Applications for certifications of soil
erosion and sediment control plans shall include the following items:
1. One copy of the complete subdivision, site
plan, or construction permit application, including key map as submitted to the
municipality (architectural drawings, plans, and specifications for buildings not
required), which includes the following:
i. The
location of present and proposed drains and culverts with their discharge capacities
and velocities and supporting computations and identification of conditions below
outlets;
ii. A delineation of any area
subject to flooding from the 100-year storm in compliance with the Flood Hazard Area
Control Act, N.J.S.A. 58:16A-50 et seq., or applicable
municipal zoning;
iii. A delineation of
streams and wetlands pursuant to
N.J.S.A. 13:9A-1 et seq. and 13:9B-1 et seq.,
and other significant natural features within the project area;
iv. The soils and other natural resource
information used (delineation of the project site on soil map is
desirable);
v. The land cover and use of
area adjacent to the land disturbance; and
vi. All hydraulic and hydrologic data describing
existing and proposed watershed conditions and a completed copy of the Hydraulic and
Hydrologic Data Base Summary Form (SSCC 251 HDF1). Where computer simulation models
(such as HEC-HMS, HEC-RAS, TR-55, or other similar models) are used to analyze or
predict hydrologic or stream flow responses to project development, a copy of such
input files shall be submitted to the district. The Data Base Summary Forms and
information regarding these computer programs are available at the locations listed
at N.J.A.C. 2:90-1.3;
2. Up
to four copies of the soil erosion and sediment control plan at the same scale as
the site plan submitted to the municipality or other land use approval agency, which
includes the following information detailed on the plat:
i. The proposed sequence of development including
duration of each phase in the sequence;
ii. A site grading plan delineating land areas to
be disturbed including proposed cut and fill areas together with existing and
proposed profiles of these areas;
iii.
Contours at a two foot interval, showing present and proposed ground
elevation;
iv. The locations of all
streams and existing and proposed drains and culverts;
v. A stability analysis below all points of
stormwater discharge, which demonstrates that a stable condition will exist or there
will be no degradation of the existing condition;
vi. The location and detail of all proposed
erosion and sediment control structures including profiles, cross sections,
appropriate notes, and supporting computations;
vii. The location and detail of all proposed
nonstructural methods of soil stabilization including types and rates of lime,
fertilizer, seed, and mulch to be applied;
viii. Erosion control measures for non-growing
season stabilization of exposed areas where the establishment of vegetation is
planned as the final control measure;
ix. For residential development, erosion control
measures which apply to dwelling construction on individual lots with notation on
the final plat that requirement for installation of such control measures shall
apply to subsequent owners if title is conveyed;
x. Plans for maintenance of permanent soil erosion
and sediment control measures and facilities during and after construction, which
include the designation of persons or entity responsible for such maintenance;
and
xi. Where applicable, the location
and details for all proposed soil restoration areas including appropriate notes and
sequencing;
3. An Ownership
Disclosure Affidavit Form to determine potential conflicts of interest between the
applicant and soil conservation district supervisor or staff.
i. A corporation must indicate its registered
agent and officers.
ii. A corporation,
partnership, or limited liability corporation (LLC) shall list the names and
addresses of all stockholders or individual partners owning at least 10 percent of
its stock of any class, or at least 10 percent of the interest in the
partnership.
iii. Any transfer of
ownership of more than 10 percent must be disclosed to the district;
4. Appropriate fees as adopted by the
individual district and approved by the Committee (see
N.J.A.C. 2:90-1.1 2); and
5. Additional information as may be required by
the district depending upon the scope, topography and complexity of the
project.
(c) The applicant
shall certify and agree that the applicant shall:
1. Certify that all soil erosion and sediment
control measures are designed in accordance with current Standards for Soil Erosion
and Sediment Control in New Jersey as promulgated by the Committee and found at
N.J.A.C. 2:90-1.3 and will be installed in
accordance with the plan as approved by the district;
2. Acknowledge that structural measures contained
in the soil erosion and sediment control plan are reviewed for adequacy to reduce
offsite soil erosion and sedimentation and not for adequacy of structural
design;
3. Retain full responsibility
for any damages which may result from any construction activity notwithstanding
district certification of the soil erosion and sediment control plan;
4. Require that all engineering related items of
the soil erosion and sediment control plan be prepared by or under the direction of
and be sealed by a professional engineer or architect licensed in the State of New
Jersey in accordance with N.J.A.C. 13:27-6;
5. Assure that any conveyance of the project or
portion thereof is conditioned upon transfer of full responsibility for compliance
with the certified plan to any subsequent owners;
6. Maintain a copy of the certified plan on the
project site during construction;
7.
Allow district agents to go upon project lands for inspection; and
8. Notify the district in writing at least 48
hours in advance of any land disturbance activity and upon completion of the
project.
(d) If the person
submitting the application is not the project owner, a notarized authorization by
the owner or authorized corporate officer must be submitted with the application.
For public agency projects, such authorization shall be made by the principal
executive officer or elected official of the agency.
(e) All requests for determination that the act
does not apply to land disturbance activity shall be submitted to the district by
the owner or their authorized representative. Non-applicability requests shall be in
writing and include a plot or site plan depicting all proposed areas of disturbance
and a resolution from the municipality or other suitable documentation indicating
the date the lot was created. Hardship exemptions or waivers shall not be
authorized. The act does not apply to the following activities:
1. Land disturbance activities 5,000 square feet
or less; and
2. Single-family dwelling
lots not regulated under
N.J.A.C. 2:90-1.5.
(f) Any land disturbance activity to which the act
was initially determined not to apply but which subsequently falls within the
definition of project, as defined in N.J.S.A. 4:24-41g, shall be subject to the
rules of this subchapter.
(g) Any
application for development for a project that was approved by the State, any
county, municipality, or any instrumentality thereof, without the condition that the
application for development comply with the act pursuant to
N.J.S.A. 4:24-43 and this subchapter, shall not
be relieved of the obligation to conform to the act and this subchapter. A successor
in title shall be subject to this subchapter.
