N.J. Admin. Code § 2:90-1.9

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

Section 2:90-1.9 - Procedure

(a) The district shall carry out the provisions of 4:24-43 through 47.

(b) No project shall be undertaken by any person, partnership, corporation, or limited liability corporation (LLC), or other private or public agency unless the applicant has submitted to the district with local jurisdiction a plan for soil erosion and sediment control for such project, and the plan has been certified by the district as conforming to the standards promulgated by the New Jersey State Soil Conservation Committee. The plan shall provide for the control of soil erosion and sedimentation and utilize the standards adopted by the Committee.

(c) Approval by a municipal officer or agency for an application for development for any project shall be conditioned upon certification by the district for a plan for soil erosion and sediment control.

(d) The district shall review all soil erosion and sediment control plans submitted with a complete application and provide the applicant or their agent with a written notice indicating that:

1. The plan was certified;

2. The plan was certified subject to the attached conditions; or

3. The plan was denied certification with the reasons for the denial stated.

(e) The district shall include in the notice of certification or on the certified plan the following clause: "This certification is limited to the controls specified in this plan. It is not authorization to engage in the proposed land use unless such use has been previously approved by the municipality, county, State agency or other controlling agency."

(f) The district shall furnish the municipal planning board, municipal construction official, and municipal engineer, or other responsible official or entity in the case of a county, State or other agency, a copy of the certification or denial including all conditions and statements.

(g) The district shall grant or deny certification within 30 days from submission of a complete application. The district may be granted an additional 30-day review period through mutual written agreement with the applicant. Failure of the district to grant or deny certification within such period or such extension thereof shall constitute certification. When the applicant fails to respond to two or more written requests by the district for additional information, the application may be denied. If the district denies an application for soil erosion and sediment control plan certification, the applicant may resubmit the plan at any future time for review and certification.

(h) The applicant may withdraw an application or a certified plan by written request to the district. The applicant may subsequently resubmit the plan for certification.

(i) District certification of a soil erosion and sediment control plan for any project shall be valid only for the duration of the initial project approval granted by the municipality or other land use approval agency but in no case shall exceed three and one-half years. All such municipal or other agency renewals of the project will require resubmission of the project plan and recertification approval by the district. Certification of the plan is conferred upon the project and may be transferred or conveyed.

(j) The current project owner shall notify the district in writing if there is a change of ownership during implementation of the plan.

(k) By formal action, a district may delegate jurisdiction over a project to another district. An applicant proposing a project that requires certification by more than one district shall secure certification from each respective district unless full jurisdiction is transferred to one district.

(l) The sequence of construction shall be an integral component of the certified plan and shall be followed by the applicant or their agent during all phases of the project. The sequence shall incorporate the installation of temporary and permanent controls, and shall include, but not be limited to, clearing and grading, cuts and fills, temporary diversions, sediment basins, tracking controls, temporary and permanent stabilization, soil restoration measures, and dust control. The sequence of construction may be revised and shall be resubmitted to the district for approval during construction to address site concerns.

(m) At its discretion, the district may require an interim clearing and grading plan on a project for critical area stabilization during construction due to the presence of erodable soils, slopes, or water quality concerns for mitigating existing, emerging, or anticipated erosion hazards.

N.J. Admin. Code § 2:90-1.9

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