N.J. Admin. Code § 2:90-1.4

Current through Register Vol. 56, No. 21, November 4, 2024

Section 2:90-1.4 - Application

(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 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, 58:16A-50 et seq., or applicable municipal zoning;

iii. A delineation of streams and wetlands pursuant to 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 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 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 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 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.

N.J. Admin. Code § 2:90-1.4

Amended by 49 N.J.R. 2787(a), effective 8/21/2017