[HISTORY: Adopted by the Township Committee
of the Township of Woolwich 11-18-2006 by Ord. No. 2006-24.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Land use procedures — See Ch. 23.
Building construction — See Ch. 68.
Environmental site assessment — See
Ch. 92.
Fees — See Ch. 95.
Flood damage prevention — See Ch. 103.
Grading plans — See Ch. 109.
Site plan review — See Ch. 149.
Stormwater management — See Ch. 157.
Subdivision of land — See Ch. 163.
Topsoil — See Ch. 173.
Zoning — See Ch. 203.
[1]
Editor's Note: This ordinance also repealed
Ord. No. 2006-07.
The purpose of this chapter is to control the
placement and removal of soil in order to promote the safety, public
health, convenience and general welfare of the community. The adoption
and enforcement of this chapter is by no means a substitute for the
approval of the Gloucester County Soil Conservation District but is
meant to supplement District requirements with regards to soil placement
and removal.
The words or terms not interpreted or defined
by this chapter shall be used with common or standard utilization.
The following words, terms and phrases, when used in this chapter,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning.
An individual person, developer, partnership, corporation,
or other entity or public or quasi-public agency requesting permission
to engage in land-disturbance activity.
Any aquifer designated as such pursuant to N.J.A.C. 7:9-6.
The aquifers represent groundwaters with the designated use of potable
water and conversion to potable water.
Any hazardous substance, hazardous constituent, hazardous
waste or pollutant.
Any property, including but not limited to structures, sediment,
soil and water, that contains a contaminant which is present at such
levels of concentration as to require action pursuant to any federal
or state statutes or regulations.
Any person engaged in the moving, delivery or placement of
fill from, in or upon any land in the Township.
A sediment-producing, highly erodible soil or severely eroded
area.
The legal or beneficial owner 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.
Any material removed from the bottom of a body of water.
The Township Zoning Officer or person(s) designated by the
Township Committee in the absence of the Zoning Officer.
Any act by which soil or rock is cut into, dug, quarried,
uncovered, removed, displaced or relocated.
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 crops,
the raising of animals for slaughter or the production of mild. The
raising of an animal as a hobby or as a pet is exempt from the requirements
of this chapter.
Any sand, gravel, earth, soil, dredged material, or other
material of any composition whatsoever, the placement of which upon
a site results in a change of topography of the site.
The floodway and additional portions of the floodplain that
are subject to flood flow at lesser depths and lower velocities than
the floodway and that are inundated by the flood hazard area designed
flood.
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:E-38), or pollutant
as defined pursuant to Section 3 of P.S. 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.
Any activity involving the clearing, grading, transporting,
storing or filling of land.
Any parcel of land separated from other parcels or portions
as by a lawful subdivision or deed of record, by a 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.
The application of plant residue or other suitable materials
to the land surface to conserve moisture, hold soil in place and aid
in establishing plant cover.
A certificate or other document issued to perform work or
other activity under this chapter.
The dissolved priority pollutant plus-40 containment levels
within the effluent which are below the groundwater quality criteria
for Class IIA groundwater as set forth in N.J.A.C. 7:9-6.
Priority pollutant plus-40 contaminant levels, which are
below the most stringent soil cleanup criteria, as set forth by the
State Department of Environmental Protection.
A scheme or design, which indicates land treatment measures,
including a schedule of the timing for their installation to minimize
soil erosion and sedimentation.
The priority pollutant list of 126 compounds and elements
developed by the Environmental Protection Agency pursuant to Section
307(a)(1) of the Clean Water Act and 40 nontargeted organic compounds
detected by gas chromatography/mass spectroscopy (GC/MS) analysis.
For the purpose of this chapter, 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 Environmental Protection Agency's "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.
Those actions taken at a site when hazardous materials have
been found, including the removal, treatment, containment, transportation,
the securing of or other engineering treatment measures, including
related operations and maintenance activities, whether of a permanent
nature or otherwise, designed to ensure that any discharge or placement
at the site is remediated in compliance with the applicable remediation
standards, including the sealing of or closure of wells and groundwater
supplies contaminated by the placement of hazardous materials.
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 evaluating any problems presented by the discharge
or placement and the performance of a remedial action.
Any plot or parcel or parcels of land.
All unconsolidated mineral and organic material of any origin.
The Gloucester County Soil Conservation District and the
State Agency Committee established or organized in the State Department
of Agriculture, under the provisions of N.J.S.A. 4:24-1 et seq.
Any natural or artificial watercourse, river, creek, ditch,
channel, canal, conduit, culvert, drain, waterway, gully, ravine or
wash, in which water flows in a definite direction of course, either
continuously or intermittently, and which has a definite channel and
shall include an area adjacent thereto subject to inundation by reason
of overflow or floodwater.
Any activity which significantly disturbs vegetated or otherwise
stabilized soil surface, including clearing and grubbing operations.
A.
No owner, applicant, developer, corporation, contractor,
subdivider, or other person shall move, deliver, fill, place, or remove
soil or otherwise disturb, cause, allow, or permit material to be
moved or placed on or removed from any property in the Township without
first obtaining approval from the Township Zoning Officer and/or any
other applicable county, state or federal approval(s) or permit(s).
B.
The owner or applicant who claims that he cannot develop
his property without the removal, regrade or placement of fill in
excess of what is available on site shall make application to the
Township Zoning Officer for a fill placement or removal permit, together
with an application for site plan or subdivision approval if the project
is a nonresidential use or minor or major subdivision.
C.
The applicant shall submit a map or plat with the
application as provided for in the land use and subdivision and site
plan ordinances and shall delineate the place on which the fill is
to be placed, moved or removed. The application shall also specify
the number of cubic yards of fill to be delivered; the origin of the
fill material; the number of cubic yards to be removed; the destination
of this removed material; the length of time necessary to do so; and
a statement indicating why it is removed; the destination of this
removed material; the length of time necessary to do so; and a statement
indicating why it is essential to the development of the premises
to place, fill or remove the specified amount of material. If the
application requires review by the Planning Board or Zoning Board
of Adjustment (referred to as "the Board"), the Board shall schedule
and conduct a public hearing on the full application for development
in accordance with applicable provisions of the Municipal Land Use
Law, as amended. Following the public hearing, the Board shall make
the findings and conclusions, based on the evidence submitted to it
as to whether the placement or movement of the fill or the removal
of the material is essential to the development of the premises for
the permitted use, taking in to account the grades of abutting streets
and lands, adjacent land values and uses, drainage, and all other
factors as may be borne upon or relate to the coordinated and harmonious
physical development of the Township.
D.
The conclusions and findings of the Board shall be
incorporated in its resolution of approval or denial.
A.
No land area shall be disturbed by any person, developer,
partnership, corporation, other entity, municipal corporation or other
public agency within the Township unless the applicant has received
the following:
(1)
A permit following the submission of a plan to the
Township Zoning Officer for his review.
(2)
The required and approved plan from the soil conservation
district.
(3)
By way of amplification and not by way of limitation,
approval of a soil removal or soil placement plan is required for
the following application categories: subdivision, site plan, conditional
use, zoning variance, planned unit development and construction permit.
(4)
The applicant must submit a separate soil removal
or soil placement plan for each site or lot. The applicant may consult
the soil conservation district for the selection of appropriate erosion
and sediment control measures during the development of the plan.
(5)
Approval of the State Department of Environmental
Protection.
B.
If certification is required and has been issued by
the soil conservation district and a permit has been obtained from
the Township Zoning Officer or any other applicable county, state
or federal approval(s) or permit(s), then only notification of the
commencement of the permitted work is required to be given to the
Township Engineer. The soil removal and soil placement plan shall
be prepared in accordance with standard engineering practices, showing
the requirements stated in this chapter, and shall be approved before
any disturbance shall commence unless exempted as allowed in this
chapter. Work undertaken by Township personnel shall be exempt from
the notification requirements. An applicant must provide three signed
and sealed sets of plans drawn by a state-licensed design professional.
The applicant shall file the required three
sets of plans with the application for the permit required under this
chapter and all other material or data in the time frame required
by the land use and land subdivision and site plan ordinances. The
plan and application shall show, include or contain the following:
A.
The block, lot and street address of the property.
B.
Proof of soil conservation district approval.
C.
The title block with original signature and embossed
seal of the design professional who prepared the plan.
D.
The identity and addresses of the owner and applicant.
E.
The name of the individual who represents the applicant
and who is responsible for conformance with this chapter, including
the proper mailing address and telephone number where the individual
may be reached.
F.
The name, address and telephone number of the contractor
who will be doing the actual work on the property.
G.
During the course of the construction, any modification
or alteration of the approved plans requires approval by the authority
having jurisdiction, before the work is started.
H.
A description of the proposed use of the site following
completion of work.
I.
If the application is for a major subdivision or the
proposed work requires site plan approval by the Planning Board or
Zoning Board of Adjustment, provide a survey map prepared by a state-licensed
land surveyor showing the location of all property corners, with permanent
markers set at each corner point and a metes and bounds description
of the property, including the total land area.
J.
An estimate, in cubic yards, of the quantity of fill
to be brought to the site with a description of the origin of the
soil or an estimate of the quantity, in cubic yards, of the material
to be removed from the site, with the destination of the soil included.
K.
The proposed dates of commencement, completion and
maintenance of work.
L.
An estimate of the type and number of earthmoving
machines to be used in the operation, the daily starting and finishing
times during which machines will be operated, and the means of protection
to prevent unauthorized access.
M.
With the application there shall be filed the required
number of topographic maps of the site showing where the proposed
fill, placement or soil removal operation is to be conducted. Include
an engineering plan showing surrounding lands within 200 feet of the
perimeter of the site, prepared and certified by a licensed professional
civil engineer or land surveyor of the state, on a scale of not less
than one inch equals 100 feet, and as referred to in the United States
Coastal and Geodetic Survey data.
N.
Proof that no contaminants exist in the soil, including
but not limited to results of tests for permissible effluent contaminant
levels, permissible soil/sediment contaminant levels and priority
pollutant plus-40 scans.
O.
The present and proposed grades on a fifty-foot grid
layout with contour lines at two-foot intervals for the property up
to and including five acres; or for more than five acres, one-hundred-foot
grids with contour lines at five-foot intervals. If topographic maps
are obtained by aerial topography, the required grid layout may be
superimposed on it. Where access to adjoining lands is not permitted,
the contour lines of the perimeter lands shall be taken from available
state maps or data or from United States Coastal and Geodetic Survey
Map of the particular area.
P.
The grades of all abutting streets and lands within
200 feet of the property.
Q.
The existing elevations of all buildings, structures,
streets, streams, bodies of water and watercourses, natural and artificial,
as well as all proposed elevations of the areas to be modified.
R.
All existing structures, land features, showing all
existing surface and subsurface water drainage conditions and provisions,
both on site and off site. Include all existing and proposed elevations
of these drainage systems including the profiles of any new construction.
If the work is on a watercourse, provide cross sections at fifty-foot
intervals in addition to the proposed profile.
S.
Show all wooded areas in the property under construction,
locating all trees with a diameter of six inches or larger. All trees
and shrubs to be retained shall be protected at the drop line with
the erection of protective snow fencing. Include protection erection
details.
T.
Show the proposed slopes and lateral supports at the
limits of the area upon completion of the proposed work. Define how
the area filled or the material removed will not impact the adjacent
areas, create hazard, or adversely affect the slope, swale or drainage
of all abutting property.
U.
Show where all materials, good and bad, shall be stockpiled
on site.
V.
Show the location and provide a description of one
benchmark elevation for each 20 acres of land.
A.
Control measures shall apply to all aspects of the
proposed land disturbance and shall be in operation during all stages
of the disturbance activity.
B.
Stripping of vegetation, grading or other soil disturbance
shall be done in a manner which will minimize soil erosion.
C.
Whenever feasible, natural vegetation shall be retained
and protected.
D.
The extent of the disturbed area and the duration
of its exposure shall be kept within practical limits.
E.
Either temporary seeding, mulching or other suitable
stabilization measures shall be used to protect exposed critical areas
during construction or other land disturbance.
F.
Drainage provisions shall accommodate increased runoff,
resulting from modified soil and surface conditions, during and after
development or disturbance. Such provisions shall be in addition to
all existing requirements.
G.
Water runoff shall be minimized and retained on the
site, whenever possible, to facilitate groundwater recharge.
H.
Sediment shall be retained on the site to the maximum
extent feasible.
I.
Diversions, sedimentation basins and similar required
structures shall be installed before any on-site grading or disturbance.
J.
Construction activities which create obnoxious and
unnecessary dust, fumes, odors, smoke, vibrations, or glare noticeable
in adjacent occupied buildings or on public streets will not be tolerated.
The applicant must define, perform and maintain proper procedures
to eliminate this occurrence or nuisance.
K.
Any damage to public or private property shall be
repaired in place or removed and replaced at the applicant's expense
and inspected by the Township Engineer before any performance or cash
bonds are returned.
L.
Unsightly construction debris, including scrap materials,
cartons, boxes and wrapping, must be removed daily. The burial of
any debris on site is strictly forbidden.
M.
Whenever construction activities take place within
or adjacent to a traveled way or interfere with existing traffic patterns
in any manner, the applicant, developer or permit holder shall conform
to Township requirements.
N.
All trench excavations shall conform to all applicable
federal, state and local regulations. No trench shall be left uncovered
during nonconstruction hours. Any trenches in a right-of-way or easement
shall be covered with a steel plate and secured to avoid bouncing
and movement.
O.
All areas of excavation in areas other than public
streets or rights-of-way shall be protected by the installation of
a temporary fence enclosure prior to the commencement of any work,
which shall be maintained throughout the excavation process to prohibit
unauthorized access.
P.
The routes for trucks coming to and leaving the site
shall be subject to the approval of the Township Engineer or his authorized
representative.
Q.
No trucks shall arrive at or leave the site with material
prior to 7:00 a.m. and 6:00 p.m. weekdays and Saturdays.
[Amended 2-7-2022 by Ord. No. 2022-01]
R.
No trucks shall operate on legal holidays or Sundays.
S.
The applicant shall truck the material to sites within
the Township whose owners will accept the material, and only if the
sites and the fill therein are approved by the Township Zoning Officer
and Township Engineer.
T.
Videotaping of the condition of the Township-owned
paved cartways along the route may be filed with the Township prior
to the hauling of fill material on Township roads.
U.
Any dirt dropped on all roads within the Township
shall be cleaned up immediately upon notice from the Engineering Department.
Failure to follow this condition will result in the requirement of
prewashing all excess soils from the tires and/or truck undercarriage
prior to the entrance onto and use of Township roads.
V.
Certain major subdivisions may be limited regarding
import/export of soil by Planning Board or Zoning Board of Adjustment
resolution and/or Township Council resolution and/or developer's agreement.
All lots where fill material is deposited shall
have clean fill and/or topsoil deposited which shall be graded to
allow complete surface draining of the lot into local storm sewer
systems or existing natural drainage courses. No regrading of a lot
shall be permitted which would create or aggravate stagnation or a
drainage problem on site or on adjacent properties or which will violate
this chapter. Grading shall be limited to areas shown on a plan approved
pursuant to this chapter or an approved site plan, or subdivision
or approved grading plan. Any topsoil disturbed during approved excavation
and grading operations shall be redistributed throughout the site.
The requirements of this section shall be enforced by the Township
Zoning Officer, in consultation with the Township Engineer and shall
be in addition to any other applicable county, state or federal approval(s)
or permit(s).
All necessary soil removal and soil placement
control measures installed under this chapter shall be adequately
maintained during construction and for a minimum of one year after
completion of the subject project or until such measures are permanently
stabilized, as determined by the Township Zoning Officer in consultation
with the Township Engineer; however, such period shall not exceed
two years. The Township Zoning Officer, acting as Township agent,
shall give the applicant a certificate upon request indicating the
date on which the measures called for in the approved plans were completed.
All trees and shrubs to be retained shall be protected at the drop
line with the erection of protective snow fencing. Nothing in this
section shall affect the right of the Township to enforce maintenance
requirements of structures that are to be perpetually maintained by
the developer or owner of the property or structure.
A.
No permits will be issued pursuant to this chapter
until the applicant has posted with the Township a performance guarantee
or cash bond in a form approved by the Township Attorney. The bond
shall be in an amount equal to 120% of the cost of temporary and/or
permanent site restoration and shall be deposited with the Township
Clerk to guarantee complete site restoration and cover.
B.
Permission to postpone work shall not exceed six months.
Upon failure to complete the work, the Township may use the money
deposited with the Township to finish the unfinished portion of the
work in accordance with the land disturbance permit. Any unused portion
of the moneys deposited shall be returned to the applicant, less an
amount of money to be retained by the Township for expenses incurred
in the administration of such funds.
C.
In addition to the performance bond requirement in Subsection A of this section, the applicant shall be obliged to reimburse the Township for the cost of all documented extraordinary costs or expenses necessitated as a result of unforeseen difficulties or exigencies or necessitated by or resulting from any violation of any provision of this chapter. This shall include specifically all engineering fees, attorney's fees and costs incurred by the Township in prosecuting any complaint in the municipal or other court for a violation of this chapter. Also included are all costs or fees incurred by the Township in conducting a hearing for revocation or suspension of any permit or obtaining injunctive or other relief in any court.
A.
If any person violates any of the provisions of this
chapter or any standard promulgated pursuant to the provisions of
any statute or regulation or fails to comply with the provisions of
the permit, the Township may institute a civil action in superior
court for injunctive relief to prohibit and prevent such violations,
and such court may proceed in a summary manner.
B.
Any person who violates any of the provisions of this
chapter or any standard promulgated pursuant to this chapter or who
fails to comply with the provisions of the permit plan shall also
be subject to a penalty of not less than $25 nor more than $3,000,
to be collected in a summary proceeding pursuant to the Penalty Enforcement
Law, N.J.S.A. 2A:58-1 et seq.[1] The superior court and municipal court shall have jurisdiction
to enforce the Penalty Enforcement Law.
[1]
Editor's Note: See now N.J.S.A. 2A:58-10 et
seq.
C.
If the violation is of a continuing nature, each day
during which it continues shall constitute an additional separate
and distinct offense.
D.
The Construction Official shall, upon receiving notice
from the Township Zoning Officer that the developer or contractor
is in violation of this section, suspend the further issuance of construction
permits or certificates of occupancy as a violation of his prior approval.
Under this chapter, no temporary certificate
of occupancy or certificate of occupancy for a building on a lot shall
be issued unless there has been compliance with the provisions of
the approved permit. The Township Engineer must file a formal report
of such compliance with the Construction Official so that a temporary
certificate of occupancy or certificate of occupancy may be issued.
The Township Zoning Officer, acting on behalf
of the Township, may issue a stop-work order if a project subject
to this chapter is not being executed in accordance with the permit
or if there is any violation of this chapter.
The following activities are specifically exempt
from this chapter:
A.
The use of land for gardening primarily for home consumption.
B.
The agricultural use of lands when operated with a
farm conservation plan approved by the local soil conservation district.
C.
The construction of a swimming pool, patio or deck
at a single-family dwelling.
D.
Landscaping of an existing single-family dwelling.
E.
Any movement of 15 cubic yards or less of material.
F.
Activity that is part of a State Department of Environmental
Protection (DEP) remediation project, as certified to by the Township
Health Officer.
G.
Any activity that is part of a septic system repair,
replacement and/or removal project, as certified to by the Township
Health Officer.
A.
The Township Zoning Officer or designee, in cooperation
with the Township Engineer, shall inspect or require adequate inspection
of the work performed pursuant to this chapter and shall enforce the
requirements of this chapter.
B.
If the Township Zoning Officer finds existing conditions
are not as stated in the applicant's permit, he may refuse to approve
further work and may require necessary remedies to be promptly installed
and may seek other penalties as provided elsewhere in this chapter.
C.
The applicant shall have the permit on the site during
all phases of construction.
D.
Should the applicant fail in his obligation to maintain
the site in a safe and orderly condition, the Township may, on five
days' written notice or immediately in the case of a hazard to life,
health or property, undertake whatever work may be necessary to return
the site to a safe and orderly condition and deduct the cost thereof
from the performance guarantee. Upon notice of such deduction, the
developer shall, within 10 business days, reimburse the Township in
the amount of the deduction, or its performance guaranty will be held
to be void, and the Township may take action against the applicant.
B.
A project is deemed to be abandoned and in default
for purposes of this chapter when there is no major construction activity,
such as excavation, installation or filling, for a period of not less
than six months, with the exception of the period normally considered
winter as governed by the construction industry operating within the
Township. If an apparent default occurs, the Township Administrator,
upon the recommendation of the Township Engineer, shall serve the
applicant, by certified mail, return receipt required, with a notice
of default, with a copy thereof to the Township Clerk and Township
Committee. The applicant shall have 10 business days to:
