The words defined in this section shall mean
and include the following when used in this chapter:
ACCEPTABLE SOIL/FILL
Nondecomposable, inert solids such as soil, fill, subsoil,
topsoil, sand, clay, loam, gravel, humus, rock, concrete, brick, glass,
and/or clay or ceramic products, free of construction/demolition debris,
garbage, refuse, or sludge and not containing concentration of one
or more contaminants that exceed New Jersey Department of Environmental
Protection Residential Direct Contact Soil Remediation Standards or
Non-Residential Direct Contact Soil Remediation Standards, whichever
is more stringent, as set forth in N.J.A.C. 7:26D, Remediation Standards.
APPLICANT
The property owner/developer requesting a soil permit as
provided for in this chapter.
APPROVED PLAN
A plan for the placement of soil fill approved by the Township
Engineer (minor permit) or by the Township Planning Board (major permit)
pursuant to the provisions of this chapter.
CONSTRUCTION/DEMOLITION DEBRIS
Mixed waste building material and rubble resulting from construction,
remodeling repair, and demolition operations on houses, commercial
buildings, pavements and other structures that includes, but is not
limited to, treated and untreated wood scrap, tree parts, tree stumps
and brush, plaster and wallboard, roofing materials, corrugated cardboard
and miscellaneous paper, ferrous and nonferrous metal, nonasbestos
building insulation, plastic scrap, carpets and padding, and other
miscellaneous materials.
CONTAMINATED PROPERTY
Any property, including but not limited to structures, sediment,
soil and water that contains a contaminant which is present at such
levels or concentration as to require action pursuant to any federal
or state statutes or regulations.
CONTAMINATED SOIL/FILL
Any soil containing contaminants exceeding the current requirements
for the most stringent concentrations between the Non-Residential
and Residential Direct Contact Soil Remediation Standards pursuant
to N.J.A.C. 7:26D, Remediation Standards.
DREDGED MATERIAL
Sediments removed from under a body of water such as, but
not limited to, a bay, harbor, lake, stream and river, removed during
a dredging operation or otherwise that are displaced or removed to
another location.
FARM
Qualified commercial farms or farmland assessed properties.
FILL
Material placed at a location for the purpose of filling
low areas, changing the contours of an area, stabilizing existing
grades and/or raising the grade of an area. Fill usually consists
of soil, but may also include non-water-soluble, nondecomposable,
inert solids such as rock, gravel, brick, block, and/or clay or any
combination thereof.
MINOR SOIL PERMIT
A permit for the movement of more than 100 cubic yards of
soil but less than 500 cubic yards of soil. The volume of fill shall
be cumulative for the property in the case of multiple permits in
any three-year period.
PERSON
Includes an individual, a partnership, a corporation or any
other legal entity.
SOIL
Includes dirt, stone, gravel, sand, humus, clay, loam and
mixtures of any of these, but this shall not include quarry process
or rock products utilized in the construction of roads, driveways
or similar types of construction.
TOPSOIL
The arable soil within eight inches of the surface.
Upon receipt of an application for a major soil
removal or soil fill permit, the Planning Board Secretary shall forthwith
send a copy of same to the Planning Director, Construction Official,
Township Engineer, Township Health Officer and Environmental Commission
who shall review the application, and they shall submit their reports
and recommendations, and their reasons, to the Township Planning Board
within 30 days of receipt of the application. Failure to file such
a report within the required time period shall be deemed an approval
of the application by such department, officials and commissions.
In considering and reviewing applications for
soil removal or fill permits, the Township Planning Board and Township
Engineer shall be guided by the general purpose of municipal planning
and shall take into consideration the following factors:
A. Soil erosion by water, sand and wind.
B. Surface water drainage (no sharp declivities to be
formed) and water pollution.
D. Public health and safety.
E. Lateral support slopes and grades of abutting streets
and land.
G. Contours,
both existing and proposed.
H. Existing
contours and topographic character of the land prior to the placement
of any soil and proposed contours which will result subsequent to
the placement of soil in accordance with the soil fill application.
I. Whether
the proposed placement of soil is necessary and incidental to the
development of the property for its intended use or whether the proposed
placement of fill constitutes primarily a commercial activity.
J. Such other factors as may bear upon or relate to the
coordinated, adjusted and harmonious physical development of the Township.
Prior to the issuance of a major soil removal or soil fill permit, the applicant shall have posted with the Township a performance bond conditioned upon full compliance with all the terms and conditions of approval, including the provisions of this chapter. The amount of such bond shall be fixed by the Township Planning Board and shall be submitted in the form required by Chapter
470, Article
IX, Off-Tract Improvements, Guarantees and Inspections, of the Land Development Ordinance. The performance bond shall not be canceled or released until all conditions set forth in the permit have been met. The bond is to assure compliance with this chapter, restoration work, minor road repair and street cleanup. Neither the bond nor permit shall be transferable to another party without the prior approval of the Township Planning Board.
The Township Engineer is hereby designated as
the officer whose duty it shall be to enforce the provisions of this
chapter. He shall, from time to time, upon his own initiative, or
whenever directed by the Township Administrator, inspect the premises
for which permits have been granted to ensure compliance with the
terms of the permit and of this chapter. The Engineer shall have the
right to enter upon any lands for the purpose of examination and inspection
of the operation without advance notice.
In the removal of soil or fill operation, only
such streets of the Township shall be used for transportation as may
be designated for that purpose by the Township Planning Board upon
the recommendation of the Township Engineer. The applicant shall cause
such streets to be kept free from dirt and debris resulting from such
soil removal or fill operation.
Nothing contained herein shall be deemed to modify or repeal any of the provisions of the Land Development Ordinance of the Township of West Milford. In the event of any inconsistency between the provisions of this chapter and the provisions of Chapter
500, Zoning, of the Land Development Ordinance, such inconsistency shall be resolved in favor of the enforcement of Chapter
500, Zoning.
Nothing contained in this chapter shall be construed
to affect the owner's application for a soil conservation service
permit or a water policy permit (if necessary) or to affect any other
state or federal regulations or permits as required.
No soil shall be placed nor shall any operation be conducted
so as to violate any of the regulations contained in this chapter
after a permit is granted.
Soil fill shall not be deposited or in any way thrown or placed
upon adjoining property or public roads. Any soil or material resulting
from any such operation accumulating on any adjoining property or
public road shall be removed there from immediately upon notice to
the permittee of such accumulation.
All operations shall be conducted in strict accordance with
any state law, other ordinances of the Township, and the terms and
conditions of any permit granted for such operations. Prior to the
issuance of any permit, the applicant shall provide a copy of an approval
for any project that disturbs more than 5,000 square feet or exemption
by the Hudson-Essex-Passaic Soil Conservation District.
The operation shall be so conducted as to not constitute a nuisance,
and in no event shall said operation create any hazardous or unsafe
condition with regard to any person or persons. Natural screening
is to be preserved by the applicant.
The material stored shall not exceed a height of 20 feet, and
the maximum storage slope shall be 45°.
Instructions: The supplier shall make the acceptability determination
at the site of soil/fill origin and will complete Parts 1 and 2 of
this form. Part 3 will be completed by the person receiving the material
to be used as acceptable soil/fill material.