[Adopted 1-9-1990 by Ord. No. 1540; amended
in its entirety 10-28-1998 by Ord. No. 3016 (Ch. 206, Art. II, of
the 1990 Code)]
For purposes of this article, the terms used
herein are defined as follows:
Earth, sand, clay, loam, gravel, humus, rock or dirt, and
may include subsoil or topsoil. No construction debris is permitted.
The person requesting a soil importation permit as provided
for in this article.
Any person who, either directly or through an agent or independent
contractor, engages or intends to engage in land subdivision for the
purpose of sale to or occupancy by another person or persons.
Meat and vegetable waste solids resulting from the handling,
preparation, cooking and consumption of foods "Garbage" is considered
to originate primarily in kitchens, stores, markets, restaurants,
hotels and other places where food is stored, cooked and consumed.
A parcel or plot of land occupied or designed to be occupied
by a building and its accessory building or by a dwelling group and
its accessory buildings, together with such open spaces as are arranged
and designed to be used in connection with such building.
Any person seized in fee simple of any lot, subdivision or
premises or having any interest or estate therein which would permit
effective possession thereof or dominion therefor.
Includes an individual, firm, corporation, association, society
or partnership, and their agents or employees.
One or more contiguous lots in single ownership.
Includes all miscellaneous matters such as, but not limited
to, bottles, construction debris, rags, mattresses, worn-out furniture,
old clothes, old shoes, broken glass, leather, carpets, crockery,
rubber, newspaper cartons, tin cans, metals, abandoned automobiles
or parts thereof.
No owner, agent, lessor, lessee, tenant or occupant
of any lot, grounds, street, road or alley in the Township of Franklin
shall deposit thereon or permit the depositing thereon of any animal
or vegetable substance or garbage or refuse or dirt gathered in cleaning
sewers, or waste of mills or factories, or any materials which are
offensive to health or tend to decay, to become putrid or to render
the atmosphere impure or unwholesome.
[Amended 4-23-2002 by Ord. No. 3289]
No owner, agent, lessor, lessee, tenant or occupant
of any lot, grounds, street, road or alley in the Township of Franklin
shall deposit thereon or permit the depositing thereon of any acceptable
soil material unless a permit is issued by the Engineering Department.
Exempt from the provisions of this section shall be the following:
A.
Select fill for septic installation and/or repair
certified to be such by a New Jersey licensed engineer; or
B.
Routine landscaping activities that do not require
in excess of 10 cubic yards of approved soil material conducted in
connection with residential use not subject to any other permitting
requirements set forth in the ordinances of the Township of Franklin.
Any materials used in activities permitted herein shall nevertheless
conform with all applicable local, state and federal regulations.
Unless otherwise exempt under the terms of this
article, no permit to deposit approved soil material upon or used
to fill up or raise the surface or level of any lot, grounds, street,
road, or alley in the Township of Franklin shall be issued unless
such fill operation is performed in connection with:
[Amended 4-23-2002 by Ord. No. 3289]
A.
Unless otherwise exempt under the terms of this article, no permit to deposit acceptable soil material upon or used to fill up or raise the surface of any lot, grounds, street, road, or alley in the Township of Franklin shall be issued unless the applicant submits proof that the acceptable soil material has been tested in conformance with § 206-27 of this article and that it complies with the Soil Ranking Criteria found in N.J.A.C. 7:26D, Appendix 1, Table 1A.
[Amended 9-11-2012 by Ord. No. 3989]
B.
Proof shall be a letter from a laboratory certified
by the state to perform soil analysis, stating that results meet or
exceed the present Ranking Criteria for Residential Direct Contact
as contained above, along with the actual test results.
C.
Soil material obtained from a quarry shall be exempt from the testing
criteria. A receipt from the quarry with the material amount shall
serve as proof.
[Added 9-11-2012 by Ord. No. 3989]
[Amended 4-23-2002 by Ord. No. 3289]
The fee for issuance of a permit under this article shall be $200. No permit shall be issued unless the applicant furnishes to the Engineering Department an approved plot plan, site plan or subdivision plan, as the case may be, for the proposed filling project, the permit fee, and a performance guarantee if not covered elsewhere. Such guarantee shall be a certified check in the sum of $200 made payable to the Township of Franklin to guarantee performance by the applicant of the terms and conditions of this article, such funds to be released upon inspection of the fill project and approval thereof by the Engineering Department as having met the provisions of §§ 206-24 and 206-27. The Engineering Department shall have a period of 30 days from receipt of the complete application within which to issue or deny the permit application.
[Amended 4-23-2002 by Ord. No. 3289]
A.
Any acceptable soil material that will be deposited within Franklin Township, which is to be brought into the Township from outside sources, or from sources within the Township, must be tested at the source for compliance with the Soil Ranking Criteria found in N.J.A.C. 7:26F, Appendix C, Table 1-A, in accordance with § 206-24 of this article, and evaluated by a state certified laboratory.
B.
Further:
(1)
All expenses connected with such testing are to be
borne by the recipient of the fill;
(2)
The Township Engineer and Health Department shall
have the authority to order additional reports or inspections as it
may deem necessary and appropriate;
(3)
Acceptance or rejection of any approved soil material
is to be made by the Township Engineer or Health Department according
to this article and any additional rules or regulations it may from
time to time enact; and
(4)
A minimum of two samples are to be extracted from
the source for laboratory analysis for each 500 cubic yard lot, or
fraction thereof. Samples are to be extracted, tested and evaluated
by a state certified laboratory. Samples must be biased to the location
of the highest suspected contaminated concentrations, as determined
by the laboratory professional or his duly assigned representative.
Any approved soil material to be brought into the Township must be tested at the source for compliance with the Soil Ranking Criteria found in N.J.A.C. 7:26F, Appendix C, Table 1, in accordance with § 206-24 of this article, and evaluated by a state certified laboratory. Further:
A.
All expenses connected with such testing are to be
borne by the recipient of the fill;
B.
The Township Health Department shall have the authority
to order additional reports or inspections as it may deem necessary
and appropriate; and
C.
Acceptance or rejection of any approved soil material
is to be made by the Township Health Department according to this
article and any additional rules or regulations it may from time to
time enact.
[Amended 9-11-2012 by Ord. No. 3989]
A.
Any acceptable soil material that will be deposited within Franklin Township, which is to be brought into the Township from outside sources, or from sources within the Township, must be tested at the source for compliance with the Soil Ranking Criteria found in N.J.A.C. 7:26D, Appendix 1, Table 1A, in accordance with § 206-24 of this article, and evaluated by a state-certified laboratory.
B.
Further:
(1)
All expenses connected with such testing are to be borne by the recipient
of the fill;
(2)
The Township Engineer and Health Department shall have the authority
to order additional reports or inspections as it may deem necessary
and appropriate;
(3)
Acceptance or rejection of any approved soil material is to be made
by the Township Engineer or Health Department according to this article
and any additional rules or regulations it may from time to time enact;
and
(4)
A minimum of two samples are to be extracted from the source for
laboratory analysis for each one-thousand-cubic-yard lot, or fraction
thereof. Samples are to be extracted, tested and evaluated by a state
certified laboratory. Samples must be biased to the location of the
highest suspected contaminated concentrations, as determined by the
laboratory professional or his duly assigned representative.
Each permit issued under the terms of this article
shall be valid only for the location(s) described in the permit and
for a period of six months from the date of issuance, subject to renewal.
[Amended 4-23-2002 by Ord. No. 3289]
Any person, firm or corporation who or which
shall violate any provision of this article shall pay the required
fees in connection with the permit as outlined herein, plus all costs
associated in having the material tested, plus a cost of $5 for each
and every cubic yard of material that has been imported to the site,
as determined by the Township Engineer. Such person, firm or corporation
shall also be liable to a fine of not more than $5,000 or to imprisonment
for a term not to exceed 90 days, or both such fine or imprisonment,
at the direction of the Court. Every day in which such violation continues
after due notice has been served shall constitute a separate violation
or offense.
