This chapter shall be known and may be cited
as the "Soil Disturbance Ordinance of the Township of Washington."
As used in this chapter, the following terms
shall have the meanings indicated:
SOIL
All unconsolidated mineral and organic material of any origin,
including earth, sand, clay, loam, sediment, muck, gravel, stone,
humus, rock or dirt.
SOIL DISTURBANCE
To dig, excavate, remove, deposit, fill, grade, replace,
level or otherwise alter or change the location or contour of land
or to transport or supply soil.
[Amended 6-17-2013 by Ord. No. 15-13; 6-19-2023 by Ord. No. 07-23]
No person shall perform soil disturbance without first having
procured a permit from the Township Committee. Any waiver to this
permit requirement must be submitted in writing to the Township Committee
with a detailed explanation as to why a waiver should be granted.
Waiver approval shall be memorialized by resolution from the Township
Committee. Soil disturbance permits shall not be required for the
following:
A. Soil disturbance, other than for installation of a driveway, in connection
with the construction of a building on such premises and excavation
or grading incidental thereto, provided that no soil is transferred
to or from the lot.
B. Soil disturbance in connection with construction for an approved subdivision or site plan, or for development in accordance with a variance issued in accordance with N.J.S.A. 40:55D-36 or N.J.S.A. 40:55D-70c or d, provided that the applicant submits to the Planning Board/Board of Adjustment all information required by this chapter, the performance bond required by §
164-10 and the approval resolution includes approval of soil disturbance. If an applicant/developer wishes to amend his/her approval under this provision, then the applicant shall apply to the Board that granted the original soil disturbance approval for an amended approval.
C. Soil disturbance in connection with projects on municipal land and/or
rights-of-way.
D. Soil disturbance of insignificant amounts, wherein "insignificant"
is defined as less than 100 cubic yards in any twelve-month period.
E. Soil disturbance in connection with agricultural uses, except that
agricultural activities that do not produce plants, animals or their
products worth $2,500 or more annually shall not be entitled to import
or export more than 100 cubic yards of soil in any twelve-month period
without securing a soil disturbance permit.
F. Soil disturbance in connection with septic system repairs to existing
building.
G. Soil disturbance in connection with percolation tests and/or soil
borings.
H. Soil disturbance for the construction of a swimming pool for which
a permit has been issued.
I. Soil disturbance for the construction of a driveway pursuant to a permit issued in accordance with Chapter
172, Streets and Sidewalks, Article
III, Driveway Construction.
[Amended 11-21-2011 by Ord. No. 17-11; 11-20-2017 by Ord. No. 12-17]
The Township Committee shall not issue a permit for the disturbance
of soil unless and until the owner of the premises shall first file
six copies of an application requesting such permit with the Planning
Board Clerk. The application shall include or be accompanied by the
following:
A. The name and address of the owner of the land.
B. The lot and block numbers of the land as shown on the current Tax
Map of the Township.
C. The reason for soil disturbance.
D. The type or types of soil to be disturbed.
E. The volume of soil of each type to be disturbed. The volume shall
be in both cubic yards and in truckloads.
F. A map or maps of premises in a scale of one inch equals 50 feet,
showing the existing contour lines, the proposed contour elevations
resulting from the soil disturbance and trees and vegetation on the
premises before and after the proposed soil disturbance.
G. The location of any soil to be imported to the Township, including
the address, block and lot of the location and a description of the
property's history and use (e.g., farmland, residential, industrial,
etc.).
H. The location(s) to which any disturbed soil is to be taken. If one or more such locations are within the Township, a map of each shall be provided showing the information required by Subsections
B and
F.
I. The measures that will be undertaken to prevent road damage, traffic
problems and the dropping of soil onto public streets or roads while
in transit.
J. The proposed dates for the commencement and completion of the work.
K. The proposed sequence of operations indicating the time allotted
to each phase.
L. Engineering data, such as soil borings or test pits, certified by
a professional engineer licensed to practice in the State of New Jersey
substantiating the feasibility of any proposed soil disturbance project.
M. Such other pertinent data as the Planning Board/Board of Adjustment
Engineer may deem necessary or appropriate.
[Amended 4-15-2019 by Ord. No. 08-19]
N. Where the soil disturbance area exceeds 5,000 square feet, a soil
erosion/sedimentation control approval from the Morris County Soil
Conservation Service.
O. Where soil disposal areas are located within a floodplain, a stream
encroachment approval from the New Jersey Department of Environmental
Protection.
P. Certified soil analysis/test results, from a soils engineer, geologist
or licensed subsurface evaluator, in accordance with the testing procedures
set forth in the soil disturbance application, as well as the technical
requirements for site remediation set forth in N.J.A.C. 7:26E-2.1
and 7:26E-3.4, for all soil to be imported to the Township or to be
relocated within the Township.
[Amended 11-21-2011 by Ord. No. 17-11; 11-20-2017 by Ord. No. 12-17; 4-15-2019 by Ord. No. 08-19; 6-19-2023 by Ord. No. 07-23]
A. When the application has been deemed complete by the Planning Board/Board
of Adjustment Engineer and the Township Soil Consultant the applicant
shall submit 15 copies of the application to the Planning Board Clerk.
The Planning Board Clerk shall refer an application that has been
deemed complete by the Planning Board/Board of Adjustment Engineer
and the Township Soil Consultant to the Washington Township Planning
Board.
(1) An application for a soil disturbance permit in connection with an
approved subdivision or site plan, or for development in accordance
with a variance granted as specified above shall be heard by the Board
which initially granted the development approval.
B. The Washington Township Planning Board or Zoning Board of Adjustment,
as appropriate, shall hold a public hearing on each application for
a soil disturbance permit within 30 days of its receipt by the Planning
Board Secretary.
C. No later than 10 days after the public hearing, the Washington Township
Planning Board or Zoning Board of Adjustment shall recommend, in writing,
to the Township Committee that the permit applied for be either granted
or denied. Any conditions for approval or the reasons for denial shall
be included in the recommendations.
[Amended 11-21-2011 by Ord. No. 17-11]
At a regularly scheduled regular meeting of
the Township Committee held not more than 35 days after receipt of
the Planning Board’s recommendation relative to the application
for a soil removal permit, the Township Committee shall by resolution
either grant or deny such application. The resolution shall set forth
any conditions imposed in granting the permit or the reasons for denying
the application therefor.
If a soil disturbance permit is granted, the
owner or person in charge shall so conduct the operations that:
A. There shall be no sharp declivities, pits or depressions.
B. The area shall be properly leveled off, cleared of
debris and graded to conform with the contour lines and grades as
approved by the Township Committee.
C. All operations shall take place only between the hours
of 8:00 a.m. and 5:00 p.m., Monday through Friday, and 9:00 a.m. and
5:00 p.m. on Saturday.
D. The top layer of arable soil for a depth of six inches
shall be set aside for retention on the premises, stabilized to prevent
erosion and respread over the premises when the soil disturbance has
been completed, pursuant to levels and contour lines as recommended
by the Planning Board/Board of Adjustment Engineer and approved by
the Township Committee, unless permission to remove such soil shall
be granted by the Township Committee.
[Amended 4-15-2019 by Ord. No. 08-19]
E. Grass or another cover crop approved by the Planning
Board/Board of Adjustment Engineer capable of retaining and/or stabilizing
soil on any surface which results from subject disturbance shall be
established within a reasonable length of time. A reasonable length
of time shall be considered as 60 days or less and prior to the stabilization
date of October 15 established by the Soil Conservation Service. In
the event that the cover crop shall fail to grow, it shall be replaced
promptly until a successful growth is accomplished.
[Amended 4-15-2019 by Ord. No. 08-19]
[Amended 11-21-2011 by Ord. No. 17-11]
A. Before
any permit for soil disturbance shall be issued, the owner or applicant
shall file with the Township Committee a performance guarantee in
cash or by letter of credit 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 permit granted according
to the provisions of this chapter.
B. In no
event shall the guarantee be in an amount less than $1 per cubic yard
of proposed disturbance or $1,000, whichever is greater.
C. Before
any guarantee shall be released to the permittee, the authorized soil
disturbance must be completed to the approved contours, the permittee
must submit an as-built plan, including contours, prepared by a professional
engineer licensed to practice in the State of New Jersey and any damage
to public and private roadways and other improvements must be repaired
to the satisfaction of the Planning Board/Board of Adjustment Engineer.
[Amended 4-15-2019 by Ord. No. 08-19]
No soil disturbance shall be made under the
provisions of this chapter unless a permit therefor shall have been
first obtained as provided herein, and no soil disturbance shall be
made except in conformity with the provisions of this chapter.
[Amended 4-16-2007 by Ord. No. 9-07]
Any person, firm or corporation violating any of the provisions of this chapter shall be subject, upon conviction, to the penalties provided in §
1-3 of this Code. Each and every violation or a nonconformance with this chapter or each day that any provision of this chapter shall have been violated shall be construed as a separate and distinct violation thereof.