[HISTORY: Adopted by the Township Committee of the Township of Mansfield 3-6-1967 by Ord. No. 1967-1; amended in its entirety 2-18-1986 by Ord. No. 1986-1. Subsequent amendments noted where applicable.]
[Amended 6-27-2001 by Ord. No. 2001-12]
No person shall excavate or otherwise remove soil for sale or for use other than on the premises from which the soil shall be taken without first having received a soil removal permit from the Township Committee, except as follows:
Soil may be removed without obtaining a soil removal permit if the volume of said soil does not exceed 100 cubic yards or if soil is to be removed incidental to the erection of a building or structure for which a building permit would have been lawfully obtained. Soil that is removed shall be cumulative with all other removals in determining whether or not the total amount of soil to be removed without a permit has been reached.
Notwithstanding this exemption, all soil removals in the Township of Mansfield shall be subject to the following conditions and requirements:
The property from which the soil is removed shall have a minimum area of 10 acres as shown in the property tax records of the Township of Mansfield.
No excavation shall be made within 100 feet of a public right-of-way, or within 100 feet of a property line, and no closer than 200 feet to a dwelling or commercial use not engaged in soil removal operations.
There shall be an undisturbed natural buffer of at least 50 feet in width or depth to screen soil removal operations from surrounding properties and so to afford protection from noise, vibration and dust. Additional screening, whether man-made or natural, may be required to supplement existing vegetation.
No soil excavation shall exceed a depth of six feet from the existing grade, and in no case shall said excavation extend below the groundwater table level.
Roadways leading to and from soil removal activities are to be constructed in a manner minimizing dust. Access road intersection with public rights-of-way will be designed such that the first 75 feet inward from the right-of-way will, if not a paved surface, consist of ASTM C-33, Size No. 2 or 3 crushed angular stone, six inches thick, the entire full width of the point of ingress/egress.
Existing trees, woods, shrubbery and ground cover adjacent to and outside the area of disturbance is to be protected and retained to the maximum extent practical. Plant materials, necessarily destroyed, shall be replanted with species acceptable to the Township Engineer.
[Amended 6-27-2001 by Ord. No. 2001-12]
The Township Committee shall not consider any application for the removal of soil from the premises for sale or otherwise unless and until the owner of the premises shall first file with the Township Clerk an application requesting such permission on the appropriate form to be obtained from the Township Clerk, together with an existing conditions site plan, an operational site plan and a reclamation plan and the payment of the appropriate application fee as set forth in § 47-3 of this section. The plans shall be clearly and legibly drawn or reproduced at a scale of not less than one inch equals 100 feet. The plans may be designed and drawn by New Jersey licensed surveyor and engineer, planner or architect.
With regards to the existing conditions site plan, this plan should include the following information:
Name, address and telephone numbers of the owner and operator if different entities.
Title block to include the known name of the facility, block, lot, and Tax Map sheet numbers, and the name, address, and telephone numbers of the plan preparer.
Configuration, dimensions, square footage and perimeter metes and bounds.
North arrow and scale to include a graphic scale.
A key map scale of one inch equals 2,000 feet.
Zoning classification and schedule bulk requirement.
Existing contours at five-foot intervals for slopes averaging 10% or greater and a two-foot interval for lands of lesser slope.
Existing roadways within 500 feet showing name, right-of-way and cartway widths and pavement type.
Width and surface type of access driveways and interior roadways.
Man-made and natural features to include rock formations, steep slopes and wood lines and watercourses.
Easements and any restrictive covenants or deed restrictions relating to the property.
Soil type classification as determined by the Burlington County Soil Survey Report.
Groundwater elevation as determined by test borings and an evaluation of the elevation of the seasonal water table. Borings shall be located over the site of the proposed soil removable in accordance with the schedule in § 44A-11B of the Mansfield Township Code. The borings shall extend at least six feet below the proposed depth of soil removal.
Acreage, use and ownership of all parcels within 200 feet of the soil removal site.
Areas on site for which previous approvals have been obtained.
With respect to the operational plan, the plan shall show or be accompanied by the following information:
Areas and depth of excavation.
Location of at least two benchmarks which will not be disturbed during soil removal operations, based on contour datum.
Proposed location and setback dimensions of buildings and structures, whether permanent or nonpermanent, to be utilized in the operation; width and surface type of proposed access driveways and interior roadways.
Operations phasing, to include sequence order.
Location and type of proposed screening.
Location of topsoil stockpiles and measures employed to prevent erosion.
Location and type of fences and gates.
Site drainage features indicating flow directions.
Plan notes indicating the method and sequence of operations.
Date of commencement and hours of operations.
Statement granting access for conduct of inspections for compliance at reasonable times.
Preliminary environmental assessment, as an attachment analyzing the impact on and measures to be taken relative to noise and vibration, air quality and dust, traffic, groundwater table, soil erosion, vegetation, wildlife and fish, and known archaeological and historical resources.
With regards to the reclamation plan, the plan shall show or be accompanied by the following information:
Proposed final grading and contours at five-foot intervals for slopes of 15% or less, and at ten-foot intervals for slope areas greater than 15%.
Final depth of excavation.
Permanent building, structures or equipment to remain.
Proposed landscaping to include the common and botanical names, size and quality of proposed plant materials.
Ground cover restoration and disposition of stockpiled topsoil.
Permanent screening, man-made and natural.
Condition, location and construction of type of road to remain.
A reclamation statement describing the methods of accomplishment phasing, and sequencing the reclamation actions.
No permit for soil removal shall be granted unless the Township Committee, after considering and reviewing the application and the accompanying plans, is satisfied that the proposed soil removal will not be detrimental to the public health, safety and general welfare of the Township inhabitants.
Determination of completeness.
Upon the Township Clerk's receipt of a permit application with the required plans and fees, the Township Clerk shall remit the same to the Township Engineer for a determination of the completeness of the application to be performed within 30 days of the Township Clerk's receipt of the application. If the Township fails to act within the initial thirty-day completeness determination period, the application will be deemed complete. A completeness determination letter will be provided to the applicant within the thirty-day completeness determination.
From the time of the determination of completeness, the Township Engineer will review the application and accompanying plans and, within 30 days, submit to the Township Committee a report advising of findings, to include a determination as to compliance with this section's requirements. A failure to provide said report within the prescribed period of time will be deemed a recommendation for approval.
Upon the Township Committee's receipt of the Township Engineer's report concerning a soil removal application, the Township Committee will have 30 days to take action on the application and hold a hearing as described in § 47-4. Failure by the Township Committee to act within the prescribed period of time will result in an approval by default.
The following application fees shall be collected by the Township Clerk when an application for permission to remove soil is presented to him/her:
For applications to remove up to 5,000 cubic yards of soil: $2.50 per 100 cubic yards to be removed, with a minimum fee of $100.
For applications to remove over 5,000 cubic yards of soil: $100, plus $0.50 per 100 cubic yards for each 100 cubic yards to be removed up to 100,000 cubic yards.
For applications to remove over 100,000 cubic yards of soil: $500, plus $0.10 per 100 cubic yards for each 100 cubic yards to be removed.
[Amended 9-28-1989 by Ord. No. 1989-13]
A hearing on each application shall be held before the Township Committee at a time established by the Township Committee. The hearing shall be held within 60 days of the date the application is deemed complete, which time may or may not be a regularly scheduled meeting of the Township Committee. An application shall be deemed complete when all of the requirements of this section have been met. The Municipal Clerk shall notify the applicant, by letter addressed to the address listed on the application form, of any deficiencies in the application and, if the application is deemed complete, shall notify the applicant of the time and place set for the hearing. The applicant, upon receipt of such notice, shall give 10 days' written notice of the hearing to the property owners within 200 feet of the premises in question of the time, place and purpose of such hearing and of those persons' right to attend and be heard. A list of such property owners may be obtained from the Tax Collector's office, but the request therefor must be made no closer than 20 days to the date set for the hearing. The notice to property owners herein required shall be in accordance with the procedure established in the Municipal Land Use Act, N.J.S.A. 40:55D-1 et seq., and proof of service of such notice shall be submitted by the applicant to the Municipal Clerk for review by him/her and the Municipal Attorney not later than two days prior to the scheduled hearing.
[Added 6-27-2001 by Ord. No. 2001-12]
Permit duration. A soil removal permit properly issued by the Mansfield Township Committee shall have a durational period of two years from the last day of the month following the month during which final approval is granted or, in the alternative, from such time as conditions imposed for final approval are met.
Review fees. Upon the Township Clerk's receipt of an application for a soil removal permit, the Township Clerk shall notify the applicant as to the requirement for posting an amount of money for the payment of professional review fees. No soil removal permit application will be reviewed for completeness until the required review escrow payment is made to the Township.
Permit transfer. The soil removal permit issued by the Township Committee to an applicant is not transferable. In the event that there is a change of 10% or more of the stock or membership ownership of a corporation or company or a change in the partnership or structure, such changes will be deemed a transfer of the permit and will require the approval of the Township Committee as set forth in this section.
Permit renewal. Applications for renewal of existing soil removal permits, with the fees as set forth in § 47-3, must be submitted to the Township Clerk at least 90 days prior to the expiration of the current soil removal permit. The applicant will be able to utilize the plans and supplemental information used in the procurement of the original permit; provided, however, that the applicant certifies by affidavit that the scope of the operation remains unchanged and that the operation conforms with the requirements of Chapter 47. The process and time frames established for permit processing as established under § 47-2 would remain the same. Failure of any applicant to process renewal of an application in a timely manner, as provided in this subsection, shall cause the permit to lapse. All soil removal activities performed under the permit shall cease as of the expiration date of the existing permit. The Township Committee shall be under no duty to extend the expiring permit by reason of failure of the applicant to follow the application process in a complete and timely manner.
Permit revocation. Upon 10 days' written notice and an opportunity to be heard before the Township Committee, the permit of any person may be revoked or suspended for such time or period as the Committee may determine for any violation of the terms hereof or the terms and conditions of any permit granted or issued hereunder. Written notice shall be given at the address set forth in the original application or amendments subsequently filed with the Township Clerk.
Abandonment. All soil removal operations will be considered abandoned if the operator does not indicate an intention to resume operations after a cessation of operations for a period of time in excess of one year, or after a six-month period from the time the operator would have provided notice of termination, or failed to resume soil removal activities after cessation of operations resulting from failure to operate in accordance with ordinance conditions and requirements.
[Amended 8-18-1988 by Ord. No. 1988-17; 6-27-2001 by Ord. No. 2001-12]
If permission to remove the soil shall be granted, the owner or person in charge shall so conduct the operations that there shall be no sharp declivities, pits or depressions.
The soil removal shall be subject to periodic inspections by the Township Engineer as per an access agreement as stipulated in the operational plan to be submitted with the application.
The owner of the premises or the person in charge of the removal of soil, when permission has been duly granted, shall not take away the top layer of arable soil for a depth of six inches, but such top layer of arable soil to a depth of six inches shall be set aside for retention on the premises and shall be respread over the premises when the rest of the soil has been removed, pursuant to levels and contour lines approved by the Township Committee.
[Added 12-22-1987 by Ord. No. 1987-22]
Prior to removing soil as provided for in this section, the applicant shall first attempt to dispose of the removed soil within this Township, whether by sale or exchange, it being the governing body's intent to ensure that needs for soil by other property owners within the Township are met as far as practicable by persons seeking to remove soil from any land otherwise situate in this Township.
Before any permit or permission for soil removal 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, 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 section.
The owner or applicant shall also establish an escrow fund in the amount of 6% of the guarantee amount. Said fund shall be used to pay the fees of any professional personnel employed to process, review, inspect and make recommendations of the application. In the event the escrow fund is depleted to less than 10% of the original amount, said funds shall be restored at the direction of the Township Committee, or its designated agent, provided it shall not be increased to an amount above the original 6%. Any excess funds in the escrow account at the time of final acceptance will be returned to the owner or applicant upon his request in writing.
[Amended 6-27-2001 by Ord. No. 2001-12]
No excavation shall be made and no soil shall be removed under the provisions of this section unless any required permit therefor shall have first been obtained as provided herein, and no excavation shall be made and no soil shall be removed except in conformity with the provisions of this section.
As used in this section, the following terms shall have the meanings indicated:
- Includes those portions or components of the earth's surface commonly known as "soil," "topsoil," "dirt," "clay," "marl" or "earth," whether fertile or infertile, sand or gravel or any combinations of them with each other or with any other common components of the earth's surface, such as rocks, stones, pebbles or other decomposed vegetative or animal matters or mineral components of the earth's surface.
[Amended 5-5-1988 by Ord. No. 1988-11]
It shall be the duty of the Building Inspector to enforce all provisions of this section, and any person who violates any of the provisions of this section shall, upon conviction thereof, be subject to a fine not exceeding $1,000 or to imprisonment in the county jail for a term not exceeding 90 days or to a period of community service not exceeding 90 days, or to such combination of punishments as the Municipal Judge may, in his or her discretion, deem appropriate and just; and each violation of any of the provisions of this section and each day the same is violated shall be deemed to be a separate and distinct offense.
All ordinances or parts of ordinances inconsistent with this section, except the Zoning Ordinance of said Township, are hereby repealed.
this section shall take effect immediately upon its final passage and publication as required by law.
[Added 2-14-2007 by Ord. No. 2007-4]
Word usage. For the purpose of this section, certain rules or word usage apply the text as follows:
Words used in the present tense include the future tense and the singular includes the plural, unless the context clearly indicates the contrary.
The term "shall" is always mandatory and not discretionary; the word "may" is permissive.
The words or terms not interpreted or defined by this section shall be used with common or standard utilization.
The following definitions shall apply in the interpretation and enforcement of this section unless otherwise specifically stated:
- ACID SOIL
- Soil with a pH of four or less or that contain iron sulfide.
- An individual person, developer, a partnership, corporation, other entity or public or quasi-public agency requesting permission to engage in land-disturbance activity,
- The State Soil Conservation Committee in the Department of Agriculture, established pursuant to N.J.S.A. 4:24-3.
- Any hazardous substance hazardous constituent, hazardous waste or pollutant.
- Any person engaged in the moving, delivery or placement of fill from, in or upon any land in the Township.
- The legal or beneficial owner or owners of a lot or any parcel of land included in a proposed development, including the holder of an option or contract to purchase, or any other applicant or person having an enforceable proprietary interest in such land.
- Any activity involving the clearing, grading, transporting, storing or filling of land or any other activity which causes soil to be exposed to the danger of erosion.
- Any area which is used for the sole purpose of farming which provides for the use of land within its capabilities and treatment, within practical limits to grow and harvest produce or other crop, the raising of animals for slaughter or the production of milk. The raising of animals as a hobby or as a pet is exempt from the requirements of this ordinance.
- FILL or FILL MATERIAL
- Any sand, gravel, earth, soil, recycled concrete, roadbed material, or other material of any composition whatsoever, the placement of which upon a site results in a change of topography of the site.
- HAZARDOUS SUBSTANCE
- Any hazardous substance as defined pursuant to Section 3 of P.L. 1976, c. 141 (N.J.S.A. 58:10.23.11b), hazardous waste, as defined pursuant to Section 1 of P.L. 1976, c. 99 (N.J.S.A. 13:1E-38), or pollutant as defined pursuant to Section 3 of P.L. 1977, c. 74 (N.J.S.A. 58:10A-3).
- Any ground, soil or earth, including marshes, swamps, drainageways and areas not permanently covered by water within the Township.
- LAND DISTURBANCE
- Any activity involving the clearing, grading, transporting, storing or filling of land and in addition, any activity which causes land to be exposed to the danger of erosion.
- Any parcel of land separated from other parcels or portions as by a lawful subdivision or deed of record, survey map or by a metes and bounds description.
- To dig, excavate, deposit, place, fill, grade, regrade, level or otherwise alter or change the location or contour of any site, or to transport and to supply fill material or soil from one parcel or premises to another.
- A certificate or other document issued to perform work or other activity under this section.
- A scheme or design which indicates land treatment measures, including a schedule of the timing for their installation to minimize soil erosion and sedimentation.
- PRIORITY POLLUTANT PLUS 40 or PP+ 40
- The propriety pollutant list of one hundred twenty-six (126) compounds and elements developed by the EPA pursuant to Section 307(a)(1) of the Clean Water Act and 40 nontargeted organic compounds detected by has chromatography/mass spectroscopy (GC/MS) analysis. For the purpose of this section, a PP-40 scan means the analysis of a sample for all priority pollutants except those as analyzed using GC/MS analytical methods. Nontargeted compound criteria shall be used pursuant to the version of the EPA "Contract Laboratory Program Statement of Work for Organic Analysis, Multi-media, Multi-concentration" in effect as of the date which the laboratory is performing the analysis.
- All necessary actions to investigate and clean up any known, suspected, or threatened discharge or placement of hazardous substances, including as necessary, identifying areas of concern and determining the presence of hazardous substances and the collection and evaluation of data adequate to determine whether or not discharged or placed hazardous materials exist; in addition, remediation includes the determination of the nature and extent of any discharged or placed hazardous substance, identifying and evaluation any problems presented by the discharge or placement and the performance of a remedial action.
- Any plot, parcel or parcels of land.
- SITE RESTORATION
- Grading, landscaping, pavement repair or reconstruction, the installation of storm drains or inlets, construction of stormwater detention basins, fences, walls, soil erosion protection measures or other similar work necessary to bring a disturbed site to a condition acceptable to the Township.
- All unconsolidated mineral and organic material of any origin.
- SOIL CONSERVATION DISTRICT OR COMMITTEE
- The Burlington County Soil Conservation District or the state agency committee established or organized by the State of New Jersey, Department of Agriculture, under the provisions of Chapter 24, Title 4 of the New Jersey Revised Statues.
- The standards promulgated by the Committee pursuant to this act.
- Any activity which significantly disturbs vegetated or otherwise stabilized soil surface, including clearing and grubbing operations.
Editor's Note: See 33 U.S.C. § 1251 et seq.
No owner, applicant, developer, corporation, contractor, subdivider, or other person shall clear, grade, move, deliver, fill, place or otherwise disturb, cause allow or permit material to be moved or placed on any property in the Township of Mansfield without first obtaining an approved permit from the Township. Approval from the Burlington County Soil Conservation District is also required if the above-noted activities will disturb more than 5,000 square feet of land. All clearing, grading, excavation, or embanking construction shall be in accordance with the approved site plan or grading plan and shall comply with the following requirements:
All clearing, grading, excavation or embankment construction shall provide for stormwater runoff and such groundwater seepage as may be encountered.
All clearing, excavation and embankment construction shall be in accordance with the applicable requirements as same may be amended of the New Jersey Department of Transportation standard specifications.
To the extent possible, all proposed development shall be planned such that site earthwork is balanced. However, where earthwork balance cannot be attained and it is determined that a proposed project may yield surplus soil or may require the import of soil or sub-base materials, the developer shall provide the following information to the administrative officer for approval. This information shall be required for the import of soils in excess of 2,000 cubic yards of the import of sub-base materials in excess of 500 cubic yards.
A statement from licensed professional engineer indicating that he or she has examined the grading plans and has conducted cut-and-fill calculations. The statement shall include the volume of material to be imported to the site.
A completed Clean Fill Verification Form. Blank forms will be provided by the Township.
A proposed schedule of the soil import or export operations. Such schedule shall provide the dates operations are to occur and the anticipated average daily volume of truck traffic from these operations.
A map of the proposed truck route to and from the project site.
An escrow sum [of a reasonable amount to be determined by the Township's Engineer, Planning and Department of Inspections] sufficient to allow the Township to monitor the import and export of materials.
A performance guaranty or a cash bond in the amount of 120% of the cost of temporary or permanent site restoration. The bond shall accompany a detailed estimate to be approved by the Township Engineer. The bond shall be in a form approved by the Township Attorney. A separate performance bond for site restoration will not be required if the site work improvements are guaranteed by a performance bond approved for the site plan approval.
Certification that the soil to be imported is not high-acid-producing soil. High-acid-producing soils are soils with a pH of 4 or less or soils that contain iron sulfide.
The applicant shall provide the above information to the Administrative Officer prior to submitting site plan mylars for signature. In the event that the work is not subject to site plan approval, the applicant shall provide the information 14 calendar days in advance of the site disturbance.
No owner, applicant, developer, corporation, contractor, subdivider, or person shall remove material from the site except in accordance with an approved site plan or grading plan or without the prior approval of the administrative officer. The stockpile or removal of soil from a site, except in relationship to an approved plan, shall not be permitted without satisfying the requirements of Chapter 47, Soil Removal, of the Township's Code of Ordinances.
No administrative waiver from the requirements of the section shall be granted.
The owner, applicant, developer, corporation, contractor, subdivider or person shall adhere to all conditions and requirements of the Soil Erosion Control Plan as approved by the Burlington County Soil Conservation District. In addition to all requirements of the Plan, the individual transporting the material shall do whatever is necessary to prevent mud, dirt, debris or dust from bring tracked onto public roadways.
Violations and penalties.
If any person violates any of the provisions of this section or any standard promulgated pursuant to the provisions of any statute or regulation or fails to comply with the provisions of this section, the Township of Mansfield, may institute a civil action in Superior Court for injunctive relief to prohibit and prevent such violations and said court may proceed in a summary manner,
Any person who violates any of the provisions of this section or any standard promulgated pursuant to this section or who fails to comply with the provisions of a certified plan shall also be subject to a penalty of not less than $250 per day nor more than $3,000 per day to be collected in a summary proceeding pursuant to the Penalty Enforcement Law (N.J.S.A. 2A:58-10 et seq.).
The Construction Official, upon receiving notice from the Township Engineer that the developer or contractor is in violation of the section, shall suspend the further inspections or issuance of construction permits or certificates of occupancy.
Stop-work orders. The Township Engineer, acting on behalf of the Township of Mansfield, may issue a stop-work order if a project is not being executed in accordance with this section,
Certificate of occupancy. No certificate of occupancy for a building on the lot shall be issued unless there has been compliance with the provisions of this ordinance and the completed Clean Fill Verification Form. The applicant shall obtain and keep copies of soil trip tickets, material delivery logs, daily reports and other documentation as required to demonstrate compliance. Upon completion of the earth work and prior to issuance of a certificate of occupancy, the applicant shall provide a statement from a licensed professional engineer that he or she has reviewed the documents and certifies that the requirements of this ordinance have been met.
Completion of work. In the event that a certificate of occupancy is not required on the property to receive the fill, the applicant shall provide a statement from a licensed professional engineer that he or she has delivered the documents pertaining to the import of fill material and certifies that the requirements have been met.
Exempted activities. The following activities are specifically exempt from this section:
The use of land for gardening primarily for home consumption.
The agricultural use of lands when operated in accordance with a farm conservation plan approved by the local Soil Conservation District or when the Township Administrative officer in consultation with the Township Engineer determines that the use will not cause excessive erosion and sedimentation runoff.
The construction of a swimming pool, patio or deck at a single-family dwelling. .
Landscaping of a single-family dwelling,
Activity that is part of a NJ Department of Environmental Protection (DEP) remediation project.
Any activity that is part of a septic system repair or removal project as certified by the Mansfield Township Health Officer.
Site improvements approved by the Township officials prior to the effective date of this section.