[HISTORY: Adopted by the Township Committee of the Township of Stillwater 4-17-1973
(Ch. XIV of the 1971 Revised General Ordinances). Amendments noted where applicable.]
The Township Committee of the Township finds and determines that the
unregulated and uncontrolled relocation, filling, excavation and removal of
soil on a large scale or for sale or for use other than on the premises has
or may result in conditions detrimental to the public safety, health and general
welfare, substantially hampering and deterring the efforts of the Township
to effectuate the general purpose of municipal planning.
[Amended by Ord. No. 55]
This chapter shall be known and may be cited as the "Stillwater Township
Soil Removal Chapter."
The following shall apply:
A plan for soil removal approved either by the Zoning Board of Adjustment
as a special use and by the Township Committee pursuant to the provisions
of this chapter or, in the case of nonconforming use, by the Planning Board
and Township Committee, pursuant to the provisions of this chapter.
Soil that, when dry, contains not less than 4% by weight of organic
matter and the balance of which is mineral matter.
A soil removal permit.
Includes dirt, stone, gravel, sand, humus, clay, loam and mixtures
of any of these, but this shall not include rock or refer to the quarrying
of rock.
The arable soil within eight inches of the surface.
[Amended 3-19-1991 by Ord. No. 91-5]
No person shall excavate for the removal of soil or otherwise remove
soil in contravention of this chapter or for sale or for use other than in
the case of tracts of five acres or less for a use on the premises from which
the soil shall be taken, except in accordance with an approved plan for which
a permit has been first obtained from the Township Committee and for which
an annual license has also been issued. Excepted from the provisions of this
chapter is excavation or grading incidental to construction or alteration
of a single-family residence on premises for which a building permit has been
issued.
A.
Nonconforming uses. In the case of existing soil removal
operations or such operations which are protected as nonconforming uses, applications
for a permit shall be filed with the Planning Board; in all other cases application
shall be made to the Zoning Board of Adjustment for a variance pursuant to
the provisions of N.J.S.A. 40:55D-70d, and, if granted, the Zoning Board of
Adjustment shall proceed to consider an application made pursuant to this
chapter.
B.
Information to accompany application. An application
to a municipal agency for a favorable recommendation for the issuance of a
permit pursuant to this chapter shall be accompanied by:
(1)
Twelve copies of a map showing existing contour lines
at two-foot intervals.
(2)
An aerial survey, which may be waived if, in the opinion
of the Township Engineer, such a survey is not practical.
(3)
Proposed contour lines at two-foot intervals after removal
of the soil.
(4)
All existing structures on the subject premises and within
200 feet thereof.
(5)
All existing roads and drainage within 200 feet of the
property.
(6)
Location of topsoil storage areas.
(7)
Methods of controlling silting of downstream properties.
(8)
The elevation of the water table if it is within eight
feet of the proposed final contour or certification that the water table is
not within eight feet of the proposed final contour. The determination of
the water table is to be by an approved method and shall be certified by a
professional engineer, which certification shall also show the date the tests
were made.
(9)
Evidence that application has been made to the Sussex
County Soil Conservation Service for approval of a soil conservation plan.
(10)
A letter of interpretation, letter of exemption, or copy
of any application made to New Jersey Department of Environmental Protection
for any permit concerning a proposed regulated activity in or around any freshwater
wetlands.
(11)
If a corporation or partnership, a list of the names
and addresses of all stockholders or individual partners owning at least 10%
of its stock of any class as required by N.J.S.A. 40:55D-48.1 et seq.
(12)
A receipt showing that all fees have been paid and that
there are no taxes due and owing on the property.
(13)
The maps shall show all existing trees 2 1/2 inches
in diameter, measured 4 1/2 feet from ground level, and a plan for replacing
the same number of trees with trees having a diameter of 2 1/2 inches
measured 4 1/2 feet from the top of root level.
(14)
The application shall indicate the applicant's estimate
of the total number of cubic yards to be removed, together with the calculations
relating thereto, and the length of time within which the proposed operation
shall be completed, which shall normally not be longer than five years. Where
a total project is incapable of being completed within five years it shall
be broken down into two or more sections, one of which shall be completed
within five years and the others within such further period not exceeding
five years as the municipal agency may recommend or specify and the Township
Committee may approve.
C.
Factors considered in approving permits.
(1)
In considering and reviewing the application and arriving
at its decision the Planning Board or Zoning Board of Adjustment and Township
Committee shall be guided by and take into consideration the public health,
safety and general welfare and the general purposes of municipal planning,
and particular consideration shall be given to the following factors:
(a)
Soil erosion by water and wind.
(b)
Surface water drainage.
(c)
Soil fertility.
(d)
Lateral support of abutting streets and lands.
(e)
Public health and safety.
(f)
Land values and uses.
(g)
Contours, both existing and proposed.
(h)
Existing contours and topographic character of the land
prior to the removal of any soil and the proposed contours which will result
subsequent to the removal of soil in accordance with the soil removal application.
(i)
Whether the proposed removal of soil is necessary and
incidental to the development of the property for its intended use or whether
the proposed removal constitutes primarily a commercial activity.
(j)
Effects of tree removal.
(k)
Effects on water resources such as streams and wetlands.
(2)
In the event that, after considering and reviewing the
application, the resultant effect would be creation of a lake, pond, hole,
pit or similar-type depression and, further, in the event that the nature
of the operation would be a wet mining operation, then and in that event the
above referred to factors and these factors alone may be a sufficient basis
for the denial for the permit.
D.
Issuance of permits; extension; expiration.
(1)
A permit shall be issued only after favorable recommendation
by a municipal agency and approval by the Township Committee. The permit shall
show the total number of yards of soil authorized to be removed as calculated
by the Township Engineer based on the contour maps submitted within the ensuing
five-year period. Said permit shall expire after the elapse of five years
unless extended as hereinafter provided.
(2)
Upon expiration of the period for which a permit was
issued, as hereinabove provided, if the soil removal operation has not been
completed, and if the licensee desires to complete the operation in accordance
with the plan as previously approved, the licensee shall file an application
with the Township Clerk for extension of the permit for an additional period
not to exceed five years, which application shall be accompanied by a copy
of the plan as originally approved, a statement of the applicant's engineer
showing that all soil removal has been done in accordance with the approved
plan and a filing fee of $900. Upon receipt of such application the Township
Committee shall cause an inspection of the site to be made by the Township
Engineer, who shall submit a report of his findings as to the licensee's compliance
with this chapter and the approved plan, which report shall also set forth
any special conditions or requirements that the Township Committee deems necessary
in the public interest, which the Township Committee may impose as conditions
to the issuance of the extended permit. The Township Committee may also request
reports from the Planning Board, Environmental Commission, Board of Health
and Police Department as to any previous problems resulting from the soil
removal operation or as to any particular areas of concern resulting from
the continuation of the operation.
(3)
After considering the report of the Township Engineer
and any other reports received, the Township Committee may issue an extended
permit for a period not to exceed five years. Any such extended permit may
be further extended by submitting an application and following the same procedure
as hereinabove set forth.
(4)
Upon expiry of a soil removal permit or of an extended
permit without application having been made for a further extension prior
to the expiration of such permit, such permit or extended permit shall become
null and void.
If a permit is issued for the removal of earth and soil as provided
herein, the owner or person in charge shall so conduct the operations that
there shall be no sharp declivities, pits or depressions and in such manner
that the area shall be properly leveled off, cleared of debris, and graded
to conform to the contour lines and grades as required and shown on the approved
plan. No soil shall be removed nor shall any operation be conducted so as
to violate any of the regulations contained in this chapter after a permit
is granted.
Arable soil within four inches of the surface shall not be removed from
the licensed owner's premises, but promptly on completion of operations, or
as otherwise directed by the Township Committee, the arable soil so retained
shall be respread on the surface as uniformly as possible and seeded with
winter rye or other suitable planting. If the soil within four inches of the
top is not arable soil, arable soil must be spread thereon promptly when the
operation is completed in each area. Provisions must be made for adequate
drainage after the topsoil is replaced. No topsoil shall be removed from the
Township.
[Amended 3-19-1991 by Ord. No. 91-5]
A.
Disposition of soil. Soil removed 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 therefrom immediately upon notice
by the Township Engineer to the permittee.
B.
Terms and conditions. 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.
C.
Nuisance. The operation shall be so conducted as not
to constitute a nuisance to adjoining owners or the Township, and in no event
shall the operation create any extra-hazardous or unsafe conditions with regard
to any person or persons.
D.
Completion of operation. Upon completion of an operation or of excavation from an area delineated on the approved plan, the area shall be properly leveled off, cleared of debris and graded to conform to the contours and grades as approved by the Township Committee. A final map shall be submitted containing and complying with all requirements as set forth in Subsection H.
E.
Removal of soil. Soil shall not be removed except in
accordance with the approved plan, which plan may, upon application, be amended
from time to time by the municipal agency and Township Committee, as the case
may be. No soil shall be removed which is within eight feet of the water table
except as otherwise shown on the approved plan or unless approved by the Township
Committee, and no soil shall be removed which is below the grade established
and shown on the approved map.
F.
Excavated areas. While working an area, the working face
of the excavation shall not exceed 60° from the horizontal, nor shall
the sixty-degree angle have a vertical height exceeding 30 feet. Any face
not currently being worked on shall not exceed 30° from the horizontal.
Where an excavated area adjoins a public road or roads which have been dedicated
to the public, no excavation shall be made below the level of the road for
a distance of 100 feet back from the center line of the road except in such
instances where on the low side of the road the removal of material would
not substantially alter the general terrain characteristics. Where an excavated
area is within 50 feet from any building, the finished grade thereof shall
not exceed 5°. Where an excavated area adjoins abutting property or a
public road, the finished slope shall not exceed 5°. Where an excavated
area adjoins abutting property or a public road, the finished slope shall
not exceed 5% for a distance of 50 feet back from the property line or public
road. In any event, no finished grade shall exceed 10° or be less than
2°. Care shall be taken so that there shall be no diversion of surface
water either during the operation or after the project is complete.
G.
Storage of trash, garbage, etc. No trash, garbage, junk
or debris may be stored in any licensed area, and no safety hazards will be
permitted, either during or after the completion of operations. All burning
of combustible debris resulting from the soil operation shall be subject to
the regulations set by the Stillwater Township Fire Department or any regulation
of a higher authority in effect and shall be undertaken so as not to create
a smoke, nuisance or air pollution safety hazard.
H.
Annual report and inspection by Township Engineer. Every
permittee shall annually furnish a progress report to the Township Engineer,
the first of which shall be submitted nine months after issuance of the permit,
which shall consist of a sketch map at a scale of one inch equals 100 feet,
showing contours every two feet, retained arable soil, equipment, the areas
where the soil was removed, and the location of water supply and disposal
facilities and drainage facilities, prepared and certified by a licensed professional
engineer. All topography shall be made by aerial photographic methods and
a photograph submitted with each annual report. The Township Engineer or his
representative shall inspect the site and inform the Township Committee and
the permittee of any matters not complied with under Township ordinances,
together with a statement of such further matters as may be required in his
judgment to comply with the Township ordinances.
I.
Hours of operation. Hours of operation shall be limited
to 7:00 a.m. to 6:00 p.m., Monday through Saturday, except in emergencies
when authorized by the Township Committee. There shall be no operation of
any kind or character on Sundays or legal holidays, also except in emergencies
when authorized by the Township Committee.
J.
Respreading and reseeding of soil. In order to minimize
the possibility of mudslides or drainage of silt, the area of operations for
excavation shall not exceed a total of five acres at any one time without
a replacement of topsoil and reseeding of the premises, unless otherwise permitted
by the Township Committee for good cause shown.
K.
Completion of work. Upon the completion of work in any specific area, all respreading of arable soil and reseeding as required by Subsection J shall be completed within 60 days thereafter, except that if the completion of work in an area occurs during the winter months when it would not be practicable to respread topsoil and reseed the same, such work shall be completed within such additional time as may be specified by the Township Committee.
L.
Modification of regulations. The Township Committee may
modify or waive any of the above conditions or regulations where the applicant
can show undue hardship by reason of topography, grade or other special conditions
or when such modifications would clearly be in the public interest. The Township
Committee shall, in all cases, submit such proposed modifications to the Planning
Board for report and recommendation thereon prior to taking final action.
An application shall be submitted, in triplicate, to the appropriate
municipal agency pursuant to the provisions of this chapter, and the applicant
shall pay a fee in the amount of $350 to cover the cost of the initial review
of the proposed soil removal operation. Any cost, including the cost of legal,
engineering or other expert advice, incurred by the Township in reviewing
any application for a soil removal permit or in connection with the inspection
of a proposed soil removal operation shall be reimbursed to the Township by
the applicant prior to the issuance of a permit. Upon issuance of a permit,
the applicant shall pay a fee of $850 to cover the periodic field checks by
the Engineer during the first year of operation.
[Amended by Ord. No. 55]
A.
On or before November 1 of each year, every soil removal
operator holding a permit issued pursuant hereto shall file application for
an annual operating license for the next ensuing calendar year. Said application
shall be accompanied by the following:
(1)
A letter from Township Engineer that inspection of the licensed premises has been made pursuant to the requirements of § 338-7H and setting forth the results of said inspection, including specification of any violations of this chapter or of any other law or ordinance.
(2)
Statement from the Tax Collector of the Township that
all taxes levied and assessed against the licensed premises have been paid
to date.
(3)
Payment of the annual operating license fee, which shall
be $1,000.
B.
If the report of the inspection of the Township Engineer indicates that there are any violations or problems in connection with the soil removal operation, the Clerk shall not issue the annual operating license but shall submit all papers to the Township Committee. The Township Committee may determine, on the basis of the papers submitted, to authorize issuance of the license or of a limited or conditional license or, in its discretion, may, in the case of serious violations, require the licensee to show cause why the operating license and permit should not be suspended or revoked in accordance with § 338-14.
C.
Reimbursement to Township. In addition to the permit fee specified hereinabove and the annual operating license fee specified in Subsection A(3), a permittee shall be obliged to reimburse the Township for the cost of all extraordinary costs or expenses necessitated as a result of unforeseen difficulties or exigencies necessitated by or resulting from any violation of any provision of this chapter, including specifically all engineering fees, attorney fees and costs incurred by the Township in prosecuting any complaint in the Municipal Court for violation of the provisions of this chapter and Code or any costs or fees incurred by the Township in conducting a hearing or hearings for revocation or suspension of any permit or obtaining injunctive or other relief in the Superior Court or any appellate court.
[Amended by Ord. No. 47; 3-19-1991
by Ord. No. 91-5]
Before any work is done for which a permit and license are required
and during the period covered by the same, the applicant shall file and maintain
a bond in form and with surety approved by the Township Attorney in such amount
as in the opinion of the Township Engineer shall be sufficient to insure the
faithful performance of the work to be undertaken pursuant to the conditions
of the permit and the terms thereof. The bond shall be in an amount of not
less than $15,000 per acre of land which is actually being worked in accordance
with the approved plan. The bond shall cover the respreading of topsoil as
required by the provisions of this chapter and also final provisions for drainage
of the site and grading to final contour.
[Added 3-19-1991 by Ord. No. 91-5]
The amount of any performance bond or guarantee may be reduced by the
governing body by resolution when portions of the improvements or works have
been completed, upon recommendation of the Township Engineer.
[Added 3-19-1991 by Ord. No. 91-5]
When all required performance has been completed, the obligor shall
notify the Township Committee, in writing, by certified or registered mail
of the completion thereof and shall send a copy thereof to the Township Engineer.
The Township Committee shall authorize the Township Engineer to inspect the
site to determine that all requirements of the approved plan have been complied
with. The Township Engineer shall thereupon file a report, in writing, with
the Township Committee which shall be detailed and shall indicate either approval,
partial approval or rejection. If the work covered by the bond or performance
guaranty or any portion thereof shall not be approved or shall be rejected
by the Township Engineer, the report shall contain a statement of reasons
for such nonapproval or rejection. Where the rejection indicates partial approval
of the improvements or works it shall indicate the costs of the work for which
approval is rejected. The Township Committee shall accept or reject the work,
grant partial approval or withhold approval on the basis of such report and
shall notify the obligor, in writing, by certified or registered mail, of
the contents of the report and the action of the Township Committee with relation
thereto not later than 90 days after receipt of notice from the obligor of
the completion of the work. Where partial approval is granted the obligor
shall be released from all liability pursuant to his performance guaranty
bond except for that portion adequately sufficient to secure the work not
yet approved.
[Added 3-19-1991 by Ord. No. 91-5]
The obligor shall be responsible to reimburse the Township for all of
the inspection fees of the Township Engineer incurred in making the inspections
referred to in this chapter.
[Added 3-19-1991 by Ord. No. 91-5]
After reasonable notice and an opportunity to be heard before the Township
Committee, the permit of any person may be revoked or suspended for such period
as the Township Committee may determine for any violation of the terms hereof
or the terms and conditions of any approved plan and permit granted hereunder.
[Added 3-19-1991 by Ord. No. 91-5]
In addition to an action on the bond or guaranty, or the revocation of license provided for herein, any person who violates this chapter or any director or officer who permits or participates in a violation of this chapter or the conditions of the permit shall, upon conviction thereof, be subject to the penalties provided for in Chapter 1, Article III of this Code.
