N.J. Admin. Code § 2:90-1.11

Current through Register Vol. 56, No. 24, December 18, 2024

Section 2:90-1.11 - Exempt municipality ordinances and implementation

(a) Adoption by the municipality of soil erosion and sediment control ordinances for approval by the Committee must have been completed by May 31, 1978, in order to qualify for an exemption from N.J.S.A. 4:24-43 through 47. Such exempt municipalities shall enforce the provisions of the ordinance in conformance with district policies and procedures for consistency between municipal and district erosion control programs Statewide.

(b) Exempt municipal ordinances may specifically require municipal certification of demolition, parking lot construction, land clearing or grading or mining and quarrying activities. Where such projects are not encompassed in the ordinance, the municipality shall not exercise jurisdiction until the ordinance is amended and approved by the Committee. No exempt municipality shall exercise jurisdiction over plan certification on any county or a State project; or where municipal regulation of a municipal project would constitute a conflict of interest or the appearance of a conflict of interest. In all such cases, such projects shall be referred to the district for certification and enforcement.

(c) No exempt municipality or any other municipality shall implement a soil erosion and sediment control ordinance or provision that is more restrictive than the definition of project in the act. No exempt municipality may grant a waiver of the requirements or grant an exemption for a project as defined in the act or rules promulgated thereto.

(d) Soil erosion and sediment control ordinances adopted by exempt municipalities may provide for the review and certification of plans, inspection and enforcement by the district in accordance with this subchapter. In all such cases, there shall be written contracts with the municipality, the district and the Committee. The district shall utilize its fee schedule for collection of fees from applicants.

(e) Exempt municipalities implementing ordinances approved by the Committee shall utilize the Committee's standard application form, letter of certification form, reports of compliance form, quarterly report form and Hydraulic and Hydrologic Basin Summary form.

(f) Exempt municipal officials enforcing the provisions of the ordinance shall be knowledgeable in natural resources management and qualified to review plans and inspect project sites. Municipal staff shall attend Committee approved training courses, no less than once every two years.

(g) Exempt municipalities implementing ordinances approved by the Committee shall provide reports to the district and provide information as follows:

1. Verification of municipal certification of the soil erosion and sediment control plan for the Construction General Permit 5G3 for eligible activities at the end of each business week;

2. A copy of the Hydraulic and Hydrologic Basin Summary form for all newly certified stormwater basins and stormwater outfalls within 15 days following the end of each calendar-year quarter; and

3. The following information shall be provided to the local district by March 15 of each year:

i. The current soil erosion and sediment control ordinance; and

ii. The municipal agent contracts responsible for implementing the erosion control ordinance and training classes attended.

(h) Failure by any exempt municipality to satisfactorily implement the ordinance as determined by the district or conform with this section, may result in action by the Committee to revoke the ordinance.

(i) Districts shall annually review for compliance all soil erosion and sediment control ordinances enacted by exempt municipalities within the district. The municipality shall cooperate with the district to demonstrate the manner of municipal implementation of the erosion control ordinances. The district shall inform the committee in writing of the results of this review by April 15 of each year. If at any time during the year, the district determines and so notifies and provides proof to the Committee that any exempt municipality is not enforcing its soil erosion and sediment control ordinance, the Committee shall consider the proofs given and the Committee shall provide written notice to the municipality that it is no longer exempt from N.J.S.A. 4:24-43 through 47. The Committee, at its discretion, may schedule a hearing to review revocation of exempt status.

(j) Any proposed changes to an exempt municipal ordinance which has received the approval of the committee, and is therefore exempt from N.J.S.A. 4:24-43 through 47, must be submitted to the Committee for review and approval prior to enactment of the revised ordinance. For the municipality's exempt status to continue, all such changes must be found to be in accordance with the act and approved as such by the Committee. Failure of the municipality to secure written notification of approval will result in discontinuance of municipal exemption from N.J.S.A. 4:24-43 through 47.

N.J. Admin. Code § 2:90-1.11

As amended, R.1978 d.5, eff. 1/5/1978.
See: 9 N.J.R. 554(a), 10 N.J.R. 54(b).
Recodified from N.J.A.C. 2:90-1.7 and amended by R.2006 d.12, effective 2/6/2006.
See: 37 N.J.R. 2313(a), 38 N.J.R. 917(a).
Section was "Municipal ordinances"; rewrote the section; former N.J.A.C. 2:90-1.11, Changes, repealed.
Amended by R.2014 d.023, effective 1/21/2014 (operative February 20, 2014).
See: 44 N.J.R. 1813(a), 44 N.J.R. 2015(a), 46 N.J.R. 193(a).
In (g)1, substituted "5G3" for "NJG0088323", and deleted a colon following "activities".