[HISTORY: Adopted by the Township Committee of the Township of Mansfield
6-23-1999 by Ord. No. 1999-11. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
Shall mean and shall be limited to uncontaminated natural soil, clay,
sand, gravel, loam and stone materials free of any man-made materials and/or
waste materials subject to regulation by N.J.A.C. 7:26 and 7:26a et seq.
[Amended 8-11-1999 by Ord.
No. 1999-16]
The placement of such nonputrescible, nonhazardous or noncombustible
fill material as is defined herein upon low- or below-grade areas of land.
The process of depositing or placing of fill material as defined
herein upon low- or below-grade land areas so as to raise the grade level
to conform to adjacent or nearby street or road grades; provided that the
normal maintenance of a residential yard in connection with the use of and
enjoyment of the property as a residence, including the spreading of topsoil
on such yard and the filling and leveling of minor hills and declivities,
shall not be considered a fill operation within the meaning of this chapter;
and further provided that the operation of a sanitary landfill shall not be
considered a fill operation within the meaning of this chapter.
[Amended 4-11-2007 by Ord. No. 2007-11]
No fill operation as defined herein shall be permitted in the Township
until application is made therefor and approval has been given by the Township
Committee.
Fill operations involving less than 5,000 square feet of lot disturbance
or less than 500 cubic yards of fill material are exempt from the provisions
of this chapter. Only one exemption per lot is permitted.
A.
The Township Committee shall not consider any application for a fill operation unless and until the owner of the premises shall first file with the Land Use Coordinator an application requesting such permission on the appropriate form to be obtained from the Land Use Coordinator, together with a plan of the premises and the payment of the appropriate application fee as set forth in § 20A-8 of this chapter. The plan shall be clearly and legibly drawn or reproduced at a scale of not less than one inch equals 100 feet. It shall be designed and drawn by a licensed New Jersey surveyor. The plan shall show or be accompanied by the following information:
[Amended 4-11-2007 by Ord. No. 2007-11]
(1)
A key map showing the entire premises and its relation
to surrounding areas.
(3)
Acreage of premises to the nearest tenth of an acre.
(4)
Existing contours at five-foot intervals for slopes averaging
10% or greater and at two-foot intervals for land of lesser slope and the
proposed contours.
(5)
Proposed contours at two-foot intervals.
(6)
The location of existing streets, buildings, watercourses,
railroads, bridges, culverts, drainpipes and any natural features, such as
wooded areas and rock formations, on the premises and within 200 feet thereof.
(7)
Soil types as shown in the Burlington County Soil Survey.
(8)
Calculations showing the determination of the volume
of fill to be deposited.
(9)
Two benchmarks on the premises at locations that will
not be disturbed by the proposed fill operation based on the datum of the
contours.
B.
Sampling.
[Amended 8-11-1999 by Ord.
No. 1999-16]
(1)
Fill soil shall be uncontaminated based on a comparison of laboratory tests to the most recent unrestricted use Soil Cleanup Criteria of the New Jersey Department of Environmental Protection. Sampling to document that soil is uncontaminated shall be conducted for the analytical parameters specified below and at the frequencies provided below based on the proposed fill volume. A summary of the results shall be attached to the application. Each sample shall be a composite from five individual and representative samples. Analyses as prescribed in Subsection B(1)(a) to (c) below shall be conducted utilizing methods from the most current versions of the United States Environmental Protection Agency Contract Laboratory Program (TCL/TAL) or Test Methods for Evaluating Solid Waste (SW-846). Where metals analysis is stipulated, the full Target Analyte Lists or Priority Pollutant metals suite is required. Soil to be used for clean fill shall be sampled at its point of origin (and not at the fill operation site).
(a)
Where the clean fill is documented to be from a pristine
source, the potential for elevated naturally occurring arsenic must still
be investigated. Sampling for arsenic is required at a rate of one sample
per 250 cubic yards. Sampling for base/neutral extractable organic compounds,
pesticides and metals shall be conducted at a rate of one sample per 1,000
cubic yards.
(b)
Where the soil is being imported from a location currently
or historically used for farming, sampling is required at the frequency indicated
per volume of soil included in the table below. In all cases, analysis must
include pesticides, arsenic and lead. Test samples for base/neutrals and metals
shall be conducted at a rate of one per 1,000 cubic yards.
|
Volume of Soil (cubic yards)
|
Sampling Frequency (per cubic yards)
|
Total Number of Samples
| |
|---|---|---|---|
|
0 to 500
|
1 sample per 100
|
1 to 5
| |
|
501 to 5,000
|
1 sample per 250
|
5 to 23
| |
|
5,000 or more
|
1 sample per 500
|
23 or more
|
(c)
Where fill soil is from a source of unknown or questionable
quality, sampling shall be conducted at a frequency of one analytical sample
per 100 cubic yards. Analysis shall include volatile organics, semivolatile
organics, pesticides, PCB's and metals.
(2)
The Planning Board may recommend the reduction of the
sampling requirements if a detailed history of the source site is available
and a proposal to reduce the number of samples or the analytical parameters
is submitted for review prior to the movement of the soil. Sampling and analysis
must be conducted in accordance with the Technical Requirements for Site Remediation,
N.J.A.C. 7:26e, and the New Jersey Department of Environmental Protection
Agency Field Sampling Procedures Manual (with the exception of the required
composition of samples).
C.
A plan showing the proposed routes that trucks going
to and leaving the site will traverse. The plan shall indicate the average
and the maximum numbers of truck movements to and from the site each day.
D.
The application, including required plans and reports,
shall be submitted to the Township Environmental Commission for a recommendation
prior to the issuance of a permit by the Township Committee.
E.
The Planning Board shall hold a public hearing on the
application and shall issue a written recommendation prior to the issuance
of a permit by the Township Committee.
A.
Planning Board procedures.
(1)
A hearing on each application shall be held by the Planning
Board within 45 days of the date that the application is deemed to be complete.
An application shall be deemed to be complete when all of the requirements
of this chapter have been met. The Planning Board Secretary shall notify the
applicant by letter of any deficiencies in the application. If the application
is deemed to be complete, then a time and place will be set for the hearing.
Upon receipt of such notice, the applicant shall. give 10 days' written notice
of the hearing to all of the property owners within 200 feet of the premises
in accordance with the procedure established in N.J.S.A. 40:55D-1 et seq.
Proof of service of such notice shall be submitted by the applicant to the
Planning Board Secretary not later than two days prior to the scheduled hearing.
(2)
At the conclusion of the public hearing, the Planning
Board shall recommend the approval or the denial of the application to the
Township Committee. A written recommendation shall be forwarded to the Township
Committee setting forth the reasons for the approval or the denial, together
with any conditions of approval.
B.
Township Committee procedures. The Township Committee
shall consider the Planning Board recommendations at a regularly scheduled
Township Committee meeting to be held no more than 30 days after receipt of
the Planning Board recommendations. The Township Committee shall consider
the recommendations of the Planning Board and the Environmental Commission
prior to denying or approving the fill permit. Reasonable conditions related
to public health or safety may be attached to any approval. Written notification
of the Township Committee's decision shall be sent to the applicant within
10 days of the date of that decision. Upon receipt of the written notification
of approval, the Township Clerk shall issue the fill permit.
A.
If permission for a fill operation shall be granted,
the owner or person in charge shall so conduct the operations in such a manner
that the area shall be properly leveled off, cleared of debris and graded
to conform to the contour lines and grades as approved by the Township Committee.
B.
The fill operation shall be subject to inspection by
the Township Engineer, who shall be notified by the owner or applicant at
least 24 hours prior to the start or resumption of work. The Township Engineer
shall make periodic inspections of the site. The minimum number of inspections
and the maximum time between inspections shall be determined for each application
based on the volume and the rate of fill placement. For any area to be occupied
by buildings or structures, compaction testing shall be required. Such testing
shall be at the direction of the Township Engineer.
C.
All fill operations, including trucks entering a site,
shall be limited to Monday through Saturday during daylight hours, but shall
not commence earlier than 7:00 a.m. or continue later than 6:00 p.m. each
day. Sunday operations are prohibited. Any violation of this subsection may
lead to immediate revocation of the fill operation permit.
Permits shall be issued for a period not to exceed 90 calendar days
from the date of issuance. Each renewal shall require the approval of the
Township Committee.
A.
For applications involving up to 5,000 cubic yards of
fill material, the fee shall be $100.
B.
For applications involving over 5,000 cubic yards of
fill material, the fee shall be $500. Each time fill material is to be deposited
shall be cumulative with all other placement of fill material in determining
the appropriate fee.
C.
An escrow account shall be established for each application
for a fill operation upon the payment of the required escrow fee. For applications
involving up to 5,000 cubic yards of fill material, the escrow fee shall be
$250. For applications involving over 5,000 cubic yards of fill material,
the escrow shall be $500. The escrow fee shall pay for the cost of any professional
personnel employed to review the application.
A.
Before any permit for a fill operation shall be granted
or issued, the owner or applicant shall file with the Township Committee a
performance guaranty in a form and with surety acceptable to the Township
and in such amount as, in the opinion of the Township Committee, shall be
sufficient to insure the faithful performance of the work to be undertaken
pursuant to the permission granted by the Township Committee pursuant to the
provisions of this chapter. The amount of the bond shall be sufficient to
permit reclaiming the lot without adding fill material.
B.
The owner or applicant shall also establish an escrow
fund in the amount of 6% of the guaranty amount. Said fund shall be used to
pay the fees of any professional personnel employed to inspect and make recommendations
on the application. If at any time the escrow fund shall be deemed insufficient
by the Township Committee to cover actual or anticipated expenses, said fund
shall be subject to increase on demand. Any excess of the funds in the escrow
account at the time of final acceptance will be returned to the owner or applicant
upon his request in writing.
