[HISTORY: Adopted by the Township Committee of the Township
of Bethlehem 2-4-2010 by Ord. No. 389-2010. Amendments noted
where applicable.]
This article shall be known as the "Soil Removal Regulations
of the Township of Bethlehem."
This chapter is adopted pursuant to N.J.S.A. 40:55D-1 et seq.
in order to promote, develop and maintain a harmonious balance between
man and the natural processes and to effectuate the general purpose
of municipal planning, with an intent towards the promotion of sensitive
land development, the guiding of inevitable land development and the
opposition to unnecessary or detrimental land development and the
deterioration of property values, through the consideration of aesthetics,
good landscaping and sound engineering practice. The Township Committee
hereby finds and determines that the unregulated and uncontrolled
relocation, excavation and removal of soil on a large scale has resulted
or will result in conditions detrimental to the public safety, health
and general welfare and to the development of the Township.
This chapter intends to limit soil removal to only those instances where the same is required to develop lands in accordance with Chapter 102, Land Use and Development.
A.
No removal of soil will be considered in the Township unless the
soil removal shall be necessary for and in conjunction with the development
of the site.
B.
No removal application will be reviewed until a complete development
application for site plan or subdivision is submitted with the request
for soil removal.
C.
Exceptions shall be made for excess soil removed for construction
of an individual single- or two-family dwelling or appurtenances thereto,
including but not limited to private sewage disposal systems, swimming
pool, driveways and landscaping.
D.
Exceptions shall be made for approved site plan and subdivisions
resulting in less than 100 cubic yards of excess soil to be removed
from the site, provided that specific grades are as approved by the
Board.
E.
The applicants for soil removal shall make every attempt to keep
excess soils on site by including in their development plans terracing
of the site and/or construction of landscape berms or mounds wherever
practical.
For the purposes of this chapter, the following terms shall
have the meanings indicated:
The person requesting a soil removal permit as provided for
in this chapter.
Any person who, either directly or through an agent or independent
contractor, engages or intends to engage in land subdivision for the
purpose of sale to or occupancy by another person or persons.
Any person engaged in the moving, removal or excavation of
soil from, in or upon any land in the Township.
A parcel or plot of land occupied or designed to be occupied
by a building and its accessory building or by a dwelling group and
its accessory buildings, together with such open spaces as are arranged
and designed to be used in connection with such building.
To dig, excavate, remove, deposit, fill, grade, replace,
level or otherwise alter or change the location or contour of land;
to plow, spade, cultivate, harrow or disc the soil; or any other operation
usually and ordinarily associated with the tilling of soil for agricultural
or horticultural purposes.
Any person seized in fee simple of any lot, subdivision or
premises or having any interest or estate therein which would permit
effective possession thereof or dominion therefor.
One or more contiguous lots in single ownership.
Any change or alteration in the grade of any land.
Earth, sand, clay, loam, gravel, humus, rock or dirt, without
regard to the presence or absence of organic matter.
All soil except topsoil.
Soil that, in its natural state, constitutes the top layer
of earth (usually eight inches to 10 inches deep), and is composed
of 2% or more by weight of organic matter and has the ability to support
vegetation and growth.
A.
No owner, developer, excavator or other person shall move or cause,
allow, permit or suffer to be moved or removed any topsoil or subsoil
in the Township for use other than on the lot from which it shall
be taken, except as otherwise defined or provided for in this chapter,
unless and until a soil removal permit is issued by the Township Engineer.
B.
The Township Engineer shall first determine that the excavation,
grading or removal of the amount of soil applied for is necessary
and essential to the development or the improvement of the premises.
Removal of topsoil from the Township shall only be permitted after
the Township Engineer determines that there exists no alternative
location for said topsoil within the Township. In determining whether
there exists no alternative location, the Township Engineer shall
ascertain from the Departments of Public Works, Environmental Commission
and Recreation Commission whether the Township has need to purchase
a quantity of topsoil or, in the absence of such need, whether any
other person or entity within the Township has, in writing, expressed
a willingness to purchase a quantity of topsoil.
Should the Township Engineer find and determine that the excavation,
grading or removal of the amount and type of soil applied for is necessary
and essential to the development or improvement of the premises and
that the applicant has complied with the provisions hereof and all
other applicable ordinances, then the appropriate soil removal permit
may be issued. If the lot is part of an approved subdivision or site
plan presently under construction, then a permit shall be required
only if the soil is to be removed from the subdivision premises or
premises within the site plan.
Applications shall contain the following information in a form
and to a degree to be determined by the Township Engineer:
A.
The name, address and telephone number of the applicant and owner
of the land.
B.
The lot and block numbers of the land from which soil is to be removed,
as shown on the current Tax Map of the Township.
C.
The location to which soil is to be removed.
D.
The route to be taken during the removal operation.
E.
The reason for removing soil.
F.
The proposed dates for the commencement and completion of the soil
removal, not to exceed three months for any single application.
G.
A map of the lot showing the present contour lines and the proposed
future contour lines resulting from the intended excavation or redistribution
of soil and the location of streams, watercourses or other environmentally
sensitive areas, if different from any such information appearing
on an approved site plan or subdivision.
H.
The amount of soil and/or topsoil to be removed from the site and
the amount of soil and/or topsoil to remain on the site.
I.
An estimate of the type and number of machines and other equipment
to be used in the operation, the daily starting and finishing time
during which the machines are to be operated, and the protection to
be provided to keep children and others having no business on the
land from gaining access.
J.
A copy of an approved soil erosion and sediment control plan for
the property receiving the removed soil.
K.
Three copies of a topographic map of the land upon which the proposed
soil moving operations are to be conducted and a reasonable engineering
estimate of the existing grade of the surrounding lands within 200
feet of the perimeter of land which is the subject matter of the application,
prepared and certified by a licensed professional civil engineer or
land surveyor of the State of New Jersey, on the scale of not less
than one inch to 100 feet, and referred to in the United States Coast
and Geodetic Survey data showing:
(1)
The dimensions of the land and the lot and block number of the land
and each lot surrounding the land within 200 feet as shown on the
last tax assessment map of the Township.
(2)
The existing contour lines at a two-foot interval up to and including
five acres; or for more than five acres, contour lines at a five-foot
interval. Where access to adjoining lands is not permitted, the contour
lines of the adjacent properties shall be taken from the available
State of New Jersey or United States Survey Map of the particular
area.
(3)
The existing elevations of all buildings, structures, streets, streams,
bodies of water and watercourses, natural or artificial.
(4)
All existing surface and subsurface water drainage conditions and
provisions therefor, including but not limited to both on site and
off site, as required by the Township Engineer.
(5)
All wooded areas.
(6)
The proposed grades at points in Subsection K(3) when the work has been completed with the requirements as contained therein.
(7)
The quantity, in cubic yards, of the soil to be removed.
(8)
The average depth of topsoil.
(9)
The grades of all abutting streets and lands.
(10)
Proposed slopes and lateral supports at the limits of the area
upon completion of the proposed work.
(11)
The proposed detail of surface water drainage and of any streams,
bodies of water and watercourses, natural or artificial.
(12)
Location and description of one benchmark elevation for each
20 acres.
(13)
Boundary survey map prepared by a New Jersey licensed land surveyor
showing location of all property corners.
(14)
Such other pertinent data as the Township Engineer may deem
necessary.
A.
In considering the application, the Township Engineer shall be guided
by the following factors:
(1)
Soil erosion by water and wind.
(2)
Inadequate and improper surface water drainage.
(3)
Impairment of soil fertility.
(4)
Removal of lateral support of abutting streets and lands.
(5)
Creation of dangerous depressions and declivities.
(6)
Availability of alternative sites within the Township, as defined
herein.
(7)
Such other factors as the Township Engineer may deem necessary or
appropriate in light of the particular application.
B.
If, after considering the above factors, the Township Engineer determines
that the proposed excavating, grading or removal or redistribution
of soil will not be detrimental to the health, safety and welfare
of the Township or its inhabitants and complies with the terms hereof,
the Township Engineer shall issue a soil removal permit. Otherwise,
the Township Engineer shall deny the application and shall notify
the applicant. The Township Engineer shall have 30 days after the
application is filed within which to notify the applicant whether
the application has been granted or denied.
If an application is denied, the applicant may appeal the decision
of the Township Engineer by filing a written notice of appeal with
the Township Committee within 15 days after receiving the notice of
denial of the application.
A.
Application fee. A fee of $500 shall accompany each application to
cover the cost incurred in investigating and processing the application
and will be retained by the Township whether the permit is issued
or denied.
B.
Permit fee. If the Township approves an application for removal of
soils, a fee for the soil removal permit shall be paid to the Township
prior to the issuance of the permit and the commencement of any site
activity in accordance with the following schedule:
|
Fill Area
(cubic yards)
|
Fee
|
|---|---|
|
0 to 10,000
|
$300
|
|
10,001 to 50,000
|
$500
|
|
50,001 to 300,000
|
$1,000
|
|
300,001 to 1,000,000
|
$2,000
|
|
1,000,001 or more
|
$3,000
|
C.
Inspection fee. There shall be a fee to cover the cost of inspection
and enforcement of the provisions of this chapter which shall be estimated
based upon the total number of yards to be removed in accordance with
the following schedule:
|
Fill Area
(cubic yards)
|
Fee
|
|---|---|
|
0 to 10,000
|
$500
|
|
10,001 to 50,000
|
$4,000
|
|
50,001 to 300,000
|
$8,000
|
|
300,001 to 1,000,000
|
$12,500
|
|
1,000,001 or more
|
$15,000
|
D.
To insure conformity to the requirements of this chapter, inspections
shall be made by the Township Engineer or his authorized or qualified
agent of the land in or upon which soil-moving operations are being
conducted. The Zoning Officer, with the advice of the Township Engineer,
may, upon written notice to the applicant, issue a stop order for
violations of the soil removal provisions of this chapter, or the
resolution of approval. Work shall not resume until the violations
have been corrected and, in the event of the discontinuance of the
soil removal which causes erosion and/or siltation problems or other
problems detrimental to the environment, the performance bond for
the development may be utilized to guarantee the proper performance
of the soil removal.
A.
Before the permit is issued, the applicant shall file with the Township
Engineer cash, certified check, letter of credit or a bond executed
by the applicant as principal and a surety company licensed to do
business in the State of New Jersey as surety unless the applicant,
owner or developer has previously posted such security covering the
work to be performed hereunder in connection with an approved subdivision
or site plan. The Township Engineer shall determine the amount of
the bond taking into account the nature and extent of the work to
be done; the type and character of the soil; the extent and depth
of the various cuts and fills; the extent to which the area of operations
is wooded; the proximity of proposed operations to streets, buildings,
structures, natural or artificial streams or watercourses and the
general drainage conditions; amount of topsoil required and such other
factors as may bear on the operation. The performance bond will be
conditioned upon the full and faithful performance by the applicant
and principal, within the time specified in the application, of all
the proposed work in accordance with the provisions of this chapter
and of the soil removal permit issued pursuant thereto.
B.
In no event shall the bond amount be less than $1,000.
C.
The applicant shall repair, to the satisfaction of the Township Engineer,
any public street, structure or land which may be damaged as a result
of the work authorized by the soil removal permit.
A.
Soil removal or redistribution conducted under a permit issued under
this chapter shall be in accordance with the following regulations:
(1)
Operations shall be conducted so that there shall be no sharp declivities,
pits or depressions.
(2)
Lands shall be graded so as to conform to the approved contour lines
and grades and shall be cleared of debris.
(3)
A minimum of four inches of topsoil shall remain over the entire
lot from which soil was removed, except for those portions of the
lot occupied by a building or structure or pavement, in accordance
with the approved plans and specifications for the development thereof,
upon completion of the intended construction.
(4)
All of the work described in this chapter shall be performed between
the hours of 8:00 a.m. and 4:30 p.m., Monday through Friday.
(5)
Adequate measures shall be taken to prevent erosion and sedimentation
of soil upon surrounding lands, streets, municipal facilities, bodies
of water or waterways, in accordance with the provisions of the Soil
Erosion and Sediment Control Ordinance. No soil shall be removed during
periods of rain or other precipitation or within 48 hours thereafter.
(6)
The Township Engineer shall be notified at least 48 hours before
the removal of soil begins.
B.
An accounting of the soil removed shall consist of inspection by
the Township Engineer of the receipts given the applicant by the excavator
for the soil removed. The receipts shall record the type and amount
of soil taken, the date it was removed and the capacity of the truck.
A final written estimate of the amount removed shall be submitted
by the applicant. The Township Engineer must be satisfied that the
inspected receipts account for all of the amounts indicated in the
final estimate.
The Township Engineer shall require operations under a soil
removal approval to be conducted in such a manner as to minimize the
effects of soil erosion, dust, mud, sedimentation and drainage during
the course of the work. Unless temporary vegetative cover is established
according to soil erosion standards, the applicant shall be required
to section the property which is the subject of his approval into
areas of not more than five acres and to schedule the work of soil
removal so that the operation conducted in one section is completed
and at final grade before work is commenced in any other section of
the premises. Temporary vegetative cover shall be required in an area
or section if the same is not to final grade and the applicant desires
to work in another section.
A.
Complete removal of a bank. If application for a soil removal approval
involves the complete removal of a bank which extends above the elevation
of the surrounding lands or above the elevation of a public road or
street adjacent to the land where the removal project is to take place,
the moving or removal shall be so conducted as to leave the final
grade of the land or lot from which the bank is to be removed at a
grade that will not create a hazardous condition for the surrounding
lands or a public road or street. Wherever practical, the final grade
shall not be lower than the grade of the surrounding lands or of a
public road or street, and the final grade shall be established and
maintained at a minimum of 2% to insure proper drainage.
B.
Partial removal of a bank.
(1)
If the applicant for soil-moving involves the partial cutting down
of a bank, the project shall leave the final slope of all sides of
the remaining portion of the bank at slopes that conform to the following
minimum slope standards:
(2)
Where earth is moved in order to lower a grade or to alter an existing
slope, the upper crown or brink shall not be closer to any property
line than five feet, and this distance shall be increased at a rate
of one foot for each one foot of vertical height of the slope up to
a maximum required for a distance of 25 feet from any property line.
If for any reason the final grade is higher than the level of the
surrounding lands the same formula shall be used in determining the
distance of the bottom of the slope from the nearest property line.
A.
Removal of topsoil. No topsoil will be permitted to be removed from
the premises.
B.
Storage of topsoil. Whenever any owner, developer or excavator removes
topsoil from any land in the Township, provision shall be made for
the storage of topsoil within the boundary lines of the property.
C.
Replacement of topsoil. All topsoil excavated on the premises shall
be stored and uniformly replaced over the entire area at a minimum
depth of four inches on or before the completion date set forth in
the soil removal permit so that the final grades of the replaced topsoil
conform to the proposed final grades as shown on the topographic maps
for the soil removal application.
D.
Requirements for replacement. When no or insufficient topsoil is
removed from the site or premises:
(1)
Each site, area or premises covered by a soil removal permit shall
be covered with a minimum of four inches of topsoil upon completion
of the period of the soil removal permit.
(2)
Topsoil material shall be brought to the premises from off site,
upon completion of the excavation of soil and prior to placement of
final vegetative cover.
(3)
Topsoil shall be friable and loamy, free of debris, objectionable
weeds and stones and contain no toxic substance that may be harmful
to plant growth. APH range of 5.0 to 7.5 is acceptable. Soluble salts
should not exceed 500 ppm.
(4)
Topsoil shall be tested by a recognized testing laboratory, U.S.
Department of Agriculture or Rutgers University Soil Testing Laboratory,
with test results submitted to the Township Engineer for approval
prior to placement. Also, topsoil previously excavated and stockpiled
on the premises shall be subject to this requirement.
E.
Site preparation.
(1)
Grade as needed, to conform to the final contours on the approved
soil removal maps.
(2)
Subsoil should be tested for lime requirement and limestone, if needed,
should be applied to bring soil pH to 6.5 and incorporated into the
soil as nearly as practical to a depth of four inches.
(3)
Immediately prior to topsoil distribution, the surface should be
scarified to provide a good bond with the topsoil.
(4)
Employ needed erosion control practices such as diversions, grade
stabilization structures, berms, channel stabilization measures, desilting
basins and waterways.
G.
Quantity of topsoil required. Five hundred thirty-seven cubic yards
will be required per acre of soil removal permit.
A.
Definition: establishment of permanent vegetative cover on exposed
soils where perennial vegetation is needed for long-term protection.
B.
Purpose: to permanently stabilize the soil, assuring conservation
of soil and water and to enhance the environment.
C.
Site preparation.
(1)
Rough grade as required to conform to the final contours on the approved
soil removal maps.
(3)
Mulch anchoring should be accomplished immediately after placement
to minimize loss by wind or water. This may be done by one of the
following methods, depending upon the size of the area, steepness
of slopes and costs:
(a)
Peg and twine. Drive eight-inch to ten-inch wooden peg to within
two inches to three inches of the soil surface every four feet in
all directions. Stakes may be driven before or after applying mulch.
Secure mulch to soil surface by stretching twine between pegs in a
crisscross and a square pattern. Secure twine around each peg with
two or more round turns.
(b)
Mulch nettings. Staple paper, jute, cotton or plastic nettings
to the soil surface. Use degradable netting in areas to be mowed.
(c)
Mulch anchoring tool. A tractor-drawn implement especially designed
to punch and to anchor mulch into the surface soil. This practice
affords maximum erosion control, but its use is limited to those slopes
upon which the tractor can operate safely. Tool penetration should
be about three inches to four inches. On sloping land, the operation
should be done on the contour.
(d)
Liquid mulch-binders. May be used to anchor salt hay or straw
mulches.
[1]
Applications should be heavier at edges where wind catches mulch,
in valleys and at crests of banks. Remainder of area should be uniform
in appearance.
[2]
Use one of the following:
[a]
Emulsified asphalt 0 (SS-1, CMS-2, MS-2, RS-2,
CRS-1 and CRS-2). Apply 0.04 gallons per square yard or 194 gallons
per acre on flat slopes and on slopes less than eight feet high. On
slopes eight feet high or more use 0.075 gallons per square yard or
363 gallons per acre.
[b]
Cutback asphalt rapid curing (RC-70, RC-250 and
RC-800) or medium curing (MC-250 or MC-800). Apply 0.04 gallons per
square yard or 194 gallons per acre on flat areas and on slopes less
than eight feet high. On slopes eight feet high or more use 0.075
gallons per square yard or 363 gallons per acre.
D.
Seedbed preparation.
(1)
Apply limestone and fertilizer according to laboratory test requirements
in accordance with the recommendations and approval of the Township
Engineer.
(2)
Work lime and fertilizer into the soil as nearly as practical to
a depth of four inches with a disc, spring-tooth harrow or other suitable
equipment. The final harrowing or discing operation should be on the
general contour. Continue tillage until a reasonably uniform, fine
seedbed is prepared.
(3)
Remove from the surface all stones two inches or larger in any dimension,
and remove all other debris, such as wire, cable, tree roots, pieces
of concrete, clods, lumps or other unsuitable material.
(4)
Inspect seedbed just before seeding. If traffic has left the soil
compacted, the area must be refilled and fumed as above.
E.
Seeding.
(1)
Selection of seed mixture shall be by recommendation of the Hunterdon
Soil Conservation District based upon laboratory test results upon
topsoil to be used and other applicable criteria such as grade, drainage,
subsoil, etc. The Township Engineer shall approve the seed mixture.
(2)
Apply seed uniformly by hand, cyclone seeder, drill cultipacker seeder
or hydroseeder (slurry including seed and fertilizer). Normal seeding
depth is from 1/4 inch to 1/2 inch. Hydroseedings which are mulched
may be left on soil surface.
(3)
Where feasible, except where either a cultipacker type seeder or
hydroseeder is used, the seedbed should be finned following seeding
operations with a roller or light drag. Seeding operations should
be on the contour.
F.
Mulching. Required on all sites (sands, slopes or hydroseedings and
off-season operations) unless approval for omission is obtained in
writing from the Township Engineer.
(1)
Mulch materials should be unrotted salt hay or small grain straw
at the rate of 1 1/2 tons to two tons per acre or 70 pounds to
90 pounds per 1,000 square feet. Mulch should not be ground or chopped
into short pieces.
(2)
Spread uniformly by hand or mechanically so that approximately 75%
to 95% of the soil surface will be covered. For uniform distribution
of hand-spread mulch, divide area into approximately one-thousand-square-foot
sections and distribute to 70 pounds to 90 pounds within each section.
G.
Irrigation (where feasible). If soil moisture is deficient, supply
new seedings with adequate water (a minimum of three inches' to four
inches' penetration) for plant growth until they are well established.
This is especially true when seedings are made in abnormally dry or
hot weather or on droughty sites.
H.
Establishment of permanent vegetative cover. Establishment of permanent
vegetative cover shall be the responsibility of the applicant and
the bond as posted shall not be released until the vegetative cover
is established for a minimum of one growing season.
A.
Definition: the control of dust on construction sites and roads.
B.
Purpose: to prevent blowing and movement of dust from exposed soil
surfaces, reduce on- and off-site damage, health hazards and improve
traffic safety.
C.
Where applicable. This practice is applicable to areas subject to
dust blowing and movement where on- and off-site damage is likely
without treatment.
D.
Methods. The following methods should be considered for controlling
dust:
(1)
Mulches.
(2)
Vegetative cover.
(3)
Spray-on adhesives. On mineral soils (not effective on much soils).
Keep traffic off these areas.
|
Water Dilution
|
Type of Nozzle
|
Apply Gallons-Acre
| |
|---|---|---|---|
|
Anionic asphalt emulsion
|
7:1
|
Coarse spray
|
1,200
|
|
Latex emulsion
|
12 1/2:1
|
Fine spray
|
235
|
|
Resin in water
|
4:1
|
Fine spray
|
300
|
(4)
Tillage. To roughen surface and bring clods to the surface. This
is a temporary emergency measure which should be used before soil
blowing starts. Begin plowing on windward side of site. Chisel-type
plows spaced about 12 inches apart and spring-toothed harrows are
examples of equipment which may produce the desired effect.
(5)
Sprinkling. Site is sprinkled until the surface is wet.
(6)
Barriers. Solid board fences, snow fences, burlap fences, crate walls,
bales of hay and similar material can be used to control air currents
and soil blowing.
(7)
Calcium chloride. Calcium chloride shall be in the form of loose
dry granules or flakes fine enough to feed through commonly used spreaders
at a rate that will keep surface moist but not cause pollution or
plant damage. If used on steeper slopes, then use other practices
to prevent washing into streams or accumulation around plants.
(8)
Stone. Cover surface with crushed stone or coarse gravel.
E.
Requirements as to dust control. The Township Engineer may require
any or all of the above to insure protection of the public.
A.
This chapter shall apply to all existing (conforming or nonconforming)
soil removal operations.
B.
All existing soil removal permits, upon expiration, shall require
application for site plan and/or subdivision approval.
C.
Fees for existing soil removal permits, when made under this chapter, shall be in accordance with § 103-10 of this chapter.
D.
This chapter shall not apply to the removal of soil for building excavation, a private sewage disposal system, or landscaping on an individual single lot or two-family dwelling on a single lot. This chapter shall not include plowing, spading, cultivating, harrowing or discing of soil or any operation usually associated with the tilling of soil for agricultural or horticultural purposes. This chapter shall not include any operations for the purpose of soil and water conservation as defined or prescribed by the Soil Conservation Service of the United States Department of Agriculture. Nothing contained in this chapter shall conflict with the present or future zoning of the Township and, in the case of a conflict, Chapter 102, Land Use and Development, shall prevail.
A person who transports over the streets, roads or highways
in the Township soil removed from land or premises pursuant to a soil
removal approval shall daily sweep, pick up and remove or cause to
be swept, picked up and removed all dust, dirt and mud from roads,
streets or highways, and shall apply or cause to be applied to the
roads, streets or highways a dust preventive wherever deemed necessary
by the Township Engineer. If a soil remover neglects or refuses to
sweep, pick up and remove any dust, dirt and mud or to apply a dust
preventive when required, the Township Engineer is authorized to suspend
the approval for a period of not less than 10 days, or may revoke
the approval after notification in writing by an authorized officer,
agent or employee of the Township to the holder of the approval.
A.
Township Engineer. The Township Engineer shall enforce the provisions
of this chapter. The Township Engineer, upon his/her own initiative
and wherever directed by the Township Committee, shall inspect the
premises for which approvals have been granted to insure compliance
with the terms of the approval and of this chapter. The Township Engineer
shall report violations to the Township Committee and take any action
deemed necessary in the circumstances.
B.
Inspection. For the purpose of administering and enforcing the provisions
of this chapter, any authorized officer, agent or employee of the
Township shall have the right to enter any land where soil removal
operations are being conducted in order to examine and inspect the
land and the operations.
C.
Revocation of approval. The Township Engineer may, upon written notice,
revoke the soil removal permit for violations of this chapter. Minimum
revocation shall be for a period of 10 calendar days. The Township
Committee must review and confirm or modify actions of the Township
Engineer relating to revocation at the next Board meeting following
the action.
Nothing in this chapter shall be deemed to apply to any licensed
sand bank, pit or quarry, except to the extent that the operator of
any such sand bank, pit or quarry seeks to remove topsoil, in which
case this chapter shall be fully applicable.
Nothing in this chapter shall be construed to prevent the Township
from taking injunctive proceedings to restrain removal of soil as
described in this chapter.
Any officials from the Township and their agents shall have
the right at all times to inspect any property where a permit has
been issued under this chapter.
Topsoil which is to remain for future use shall be stored and
maintained at designated locations within the permit area, in accordance
with an ordinance to regulate and control the destruction and removal
of trees, the movement of topsoil, erosion of soil and sedimentation
within the Township of Bethlehem.
Any person, firm or corporation who or which shall violate any provision of this article shall pay the required fees in connection with the permit as outlined herein, plus a cost of $5 for each and every cubic yard of material that has been removed from the site, as determined by the Township Engineer. Such person, firm or corporation shall also be liable to the penalties as provided in § 1-15 of Chapter 1, General Provisions. Every day in which such violation continues after due notice has been served shall constitute a separate violation or offense.
Any person aggrieved by the action of the Township Engineer
in the denial of a permit under this chapter shall have the right
of appeal to the Township Committee within 15 days after receipt of
a notice of denial. The decision and order of the Township Committee
on such appeal shall be final and conclusive.
This article shall be known as the "Soil Importation and Fill
Placement Regulations of the Township of Bethlehem."
This chapter is adopted pursuant to N.J.S.A. 40:55D-1 et seq.
in order to promote, develop and maintain a harmonious balance between
man and the natural processes and to effectuate the general purpose
of municipal planning, with an intent towards the promotion of sensitive
land development, the guiding of inevitable land development and the
opposition to unnecessary or detrimental land development and the
deterioration of property values, through the consideration of aesthetics,
good landscaping and sound engineering practice, hereby finds and
determines that the unregulated and uncontrolled soil importation
and fill placement will result in conditions detrimental to the public
safety, health and general welfare and to the development of the Township.
This section intends to prohibit fill placement except in those instances where same is required to develop and use lands in accordance with Chapter 102, Land Use and Development.
A.
No fill placement will be permitted in the Township, unless the placement
of fill shall be necessary for and done in conjunction with the development
of the site and an application to permit such placement has been first
approved by the Township Engineer.
B.
No fill placement application will be reviewed until a complete development
application for site plan or subdivision is submitted with the request
for fill placement.
C.
Exceptions.
(1)
The placement of fill associated with the construction of an individual
single- or two-family dwelling or appurtenances thereto, including
but not limited to private sewage disposal systems, driveways and
landscaping, shall be exempt from the provisions of this section.
(2)
Exceptions shall be made from the requirements of this section for
existing marinas located within the boundaries of the Township that
are required to desilt channels and boat slips on their property in
the course of and furtherance of their marina operations. In addition,
the desilting of streams/drainageways for maintenance purposes shall
also be exempt. This exception shall be subject to the verification
of the following information by the Township Zoning Officer:
(a)
All dredged material shall qualify as "native fill material"
as defined herein.
(b)
All applicable permits from the appropriate state and federal
agencies have been received and filed, as required, with a copy to
be provided to the Township Clerk. Permits must be valid and in effect
as of the time of any dredging activities.
(3)
Exceptions shall be made for site maintenance and landscaping and
for site plan and subdivision applications resulting in less than
100 cubic yards of fill being placed on a site, provided that specific
grades are consistent with Board approvals.
(4)
Movement, cut, fill, excavation and placement of native fill materials
within the same site pursuant to an approved subdivision or site plan
approval shall not require a fill placement permit.
(5)
The plowing, spading, cultivating or harrowing of soil or any operation
usually associated with the tilling of soil for agricultural or horticultural
purposes and any operations for the purpose defined or prescribed
by the Soil Conservation Service of the Department of Agriculture
shall be exempt from the provisions and requirements of this section.
D.
This chapter shall apply to all existing (conforming and nonconforming)
fill placement operations.
E.
All existing fill placement approvals, upon expiration, shall require
application for site plan and/or subdivision approval.
As used in this article, the following terms shall have the
meanings indicated:
An individual, partnership or corporate entity who applies
for approval of a fill placement permit.
Any aquifer designated as such pursuant to N.J.A.C. 7:9-6.
These aquifers represent groundwaters with a 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 remedial 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. The contractor may
be an independent contractor or firm engaged by the applicant; however,
he shall be governed by all terms and conditions of the approval and
all standards and requirements of the section.
The legal or beneficial owner or owners of a lot or of any
land proposed to be included in a proposed development including the
holder of an option or contract to purchase, or other person having
an enforceable proprietary interest in such land.
Material removed by the action of dredging.
Shall consist of the following:
DREDGING MAINTENANCEThe removal of accumulated sediment from authorized and currently maintained navigation channels, marinas or boat mooring areas, for the purpose of maintaining an authorized water depth and width.
DREDGING, NEWThe removal of sediment from the bottom of a water body that has not been previously dredged or excavated, for the purpose of increasing water depth, or the widening or deepening of navigable channels to a newly authorized depth or width.
A discharge of pollutants into the environment, whether untreated,
partially treated or completely treated.
Sand, gravel, earth, soil, dredged material or other materials
of any composition whatsoever the placement of which upon a site results
in a change to the topography of a site.
NATIVE FILL MATERIALFill material as defined herein whose point of origin is from a site located within the boundaries of the Township of Bethlehem as depicted on the current Township Tax Maps.
REMOTE FILL MATERIALFill material as defined herein whose point of origin is from a site located outside the boundaries of the Township of Bethlehem as depicted on the current Township Tax Maps.
Any location at which hazardous substances have been or are
suspected to have been discharged, and shall include any area to which
the hazardous substance contamination has migrated or may migrate.
Any hazardous substance as defined pursuant to § 3
of P.L. 1976, c. 141 (N.J.S.A. 58:10-23.11b), hazardous waste as defined
pursuant to § 1 of P.L. 1976, c. 99 (N.J.S.A. 13:1E-38),
or pollutant as defined pursuant to § 3 of P.L. 1977, c.
74 (N.J.S.A. 58:10A-3).
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. On-site or on-premises excavating, depositing,
placing, filling, grading and regrading does not require a fill placement
approval.
Any person seized in fee simple of any land, or having such
other interest or estate as will permit the exercise of effective
possession, dominion or control of such land.
Dissolved priority pollutant +40 contaminant levels within
the effluent which are below the Groundwater Quality Criteria for
Class II-A Groundwater as set forth at N.J.A.C. 7:9-6.
Priority pollutant +40 contaminant levels which are below
the most stringent Soil Cleanup Criteria, as set forth by the NJDEP.
The property which is the subject of a development application.
The priority pollutant list of 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 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 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.
Those actions taken at a hazardous discharge site including
the removal, treatment, containment, transportation, securing or other
engineering or treatment measures, including related operations and
maintenance activities, whether of a permanent nature or otherwise,
designed to ensure that any discharge at the hazardous discharge site
is remediated in compliance with the applicable remediation standards,
and the sealing or closure of wells and groundwater supplies contaminated
by a discharge.
All necessary actions to investigate and clean up any known,
suspected or threatened discharge of hazardous substances, including,
as necessary, identifying areas of concern and determining the presence
of hazardous substances, the collection and evaluation of data adequate
to determine whether or not discharged hazardous substances exist,
determining the nature and extent of any discharged hazardous substance
and any problems presented by a discharge, and the performance of
a remedial action.
Any soil, sediment, dredge or other materials containing
a contaminant above permittable soil/sediment contaminant levels and/or
effluent containing a contaminant above the permittable effluent contaminant
levels.
The plants, structures, public or private wells, interconnections
between existing water supply systems, machinery, equipment and other
property, real, personal and mixed, constructed or operated, or to
be constructed or operated, for the purposes of augmenting the natural
water resources of the state and making available a supply of water
for all uses, and any and all appurtenances necessary, useful or convenient
for making available, collecting, impounding, storing, improving,
treating and filtering, or transmitting water.
A.
No owner, applicant, developer, contractor, subdivider or other person
shall move, deliver, place fill or otherwise disturb, cause, allow
or permit fill to be moved to any property in the Township for use
other than on the property from which it is being taken, unless and
until a fill/soil importation permit is issued by the Township Engineer.
The Township Engineer shall determine that the placement of fill in
the amount applied for is essential to the development of the premises
upon which the fill is to be placed for a use that is permitted or
as may be specifically approved.
B.
An owner or applicant, who claims that it cannot develop its property
without the placement of fill in excess of that available on-site,
shall make application to the Township Engineer for a fill placement
permit, together with an application for site plan or subdivision
approval.
C.
The applicant shall submit a map or plat with the application as
provided for in the land use and development ordinances[1] and shall delineate the place or places on which the fill
is to be placed. The application shall also specify the number of
cubic yards of fill to be delivered, the length of time necessary
to do so, and a statement indicating why it is essential to the development
of the premises to place that amount of fill. The Township Engineer
shall schedule and conduct a meeting with the applicant on the full
application for development. Following said meeting, the Township
Engineer shall determine, based on the evidence submitted, whether
the placement of fill as applied for is essential to the development
of the premises for a permitted use, taking into account the grades
of abutting streets and lands, adjacent land values and uses, drainage,
and all other factors as may bear upon or relate to the development.
D.
The applicant shall file three copies of the applications, plans
and required other materials in the time frame as stipulated in the
land use and development chapters.
E.
In addition to the data required for the subject site plan or subdivision,
the following information shall be provided:
(1)
The name, address and telephone number of the applicant and owner
of the land.
(2)
The name of the individual who represents the applicant and who will
be responsible for conformance with permit and ordinance requirements.
(3)
The proper mailing address and a twenty-four-hour-a-day telephone
number or numbers where he may be reached.
(4)
The name, address and telephone number of the contractor who will
be doing the actual work on the premises.
(5)
A description of the land and premises in question.
(6)
An estimate, in cubic yards, of the quantity of fill to be brought
onto the site.
(7)
The proposed dates of commencement and completion of the work.
(8)
An estimate of the type and number of machines and other equipment
to be used in the operation; the daily starting and finishing time
during which the machines are to be operated; and the means of protection
to be provided to prevent unauthorized access.
(9)
The point of origin of all fill material proposed to be utilized
on the project.
(10)
Three copies of topographic maps of the site upon which the
proposed fill placement operations are to be conducted and an engineering
plan showing surrounding lands within 200 feet of the perimeter of
site, which is the subject matter of the application, prepared and
certified by a licensed professional civil engineer or land surveyor
of the State of New Jersey, on the scale of not less than one inch
equals 100 feet, and as referred to in the United States Coast and
Geodetic Survey data showing:
(a)
The dimensions of the site and the lot and block number of each
lot which is included in the site and each lot surrounding the site
within 200 feet as shown on the most current tax map of the Township.
(b)
The existing grades with contour lines at a two-foot interval
up to and including five acres; or, for more than five acres, contour
lines at a five-foot interval. Where access to adjoining lands is
not permitted, the contour lines of the adjacent properties shall
be taken from the available State of New Jersey or United States Geodetic
Survey Map of the particular area.
(c)
The existing elevations of all buildings, structures, streets,
streams, bodies of water and watercourses, natural or artificial.
(d)
All existing surface and subsurface water drainage conditions
and provisions therefor, both on site and off site.
(e)
All wooded areas.
(f)
The proposed grades at points in Subsection C(10)(c) when the
work has been completed with the requirements as contained therein.
(g)
The quantity, in cubic yards, and proposed location of the amount
of fill which is to be brought to the site.
(h)
The grades of all abutting streets and lands within 200 feet
of the premises.
(i)
Proposed slopes and lateral supports at the limits of the area
upon completion of the proposed work.
(j)
The proposed detail of surface water drainage and of any streams,
bodies of water and watercourses, natural or artificial.
(k)
Location and description of one benchmark elevation for each
20 acres.
(l)
Boundary survey map prepared by a New Jersey licensed land surveyor
showing location of all property comers.
(m)
A sediment and erosion control plan for the fill placement operation
which must conform to the standards of this chapter.
(11)
The applicant shall furnish any other pertinent data the Board
may require after it has examined the proposed project, including
means and methods for site restoration.
A.
Application fees. At the time of application to the Township Engineer,
a fee for application review shall be paid to the Township in accordance
with the following schedule. This fee shall be in addition to the
site plan and subdivision review fee.
|
Fill Area
(cubic yards)
|
Fee
|
|---|---|
|
0 to 10,000 or part thereof
|
$500
|
|
10,001 to 50,000
|
$1,000
|
|
50,001 to 300,000
|
$2,000
|
|
300,001 to 1,000,000
|
$3,000
|
|
1,000,001 or more
|
$4,000
|
B.
Application fees have been determined to represent those reasonable
costs incurred by the Township for administrative services in processing
a fill placement application. Fees are nonrefundable if application
for permit is denied.
C.
Permit fees.
(1)
If the Township Engineer approves an application for the placement
of fill, a fee for the soil fill permit shall be paid to the Township
prior to the commencement of any site activity in accordance with
the following schedule:
|
Area of Fill Placement
(cubic yards)
|
Fee
|
|---|---|
|
0 to 10,000 or part thereof
|
$300
|
|
10,001 to 50,000
|
$500
|
|
50,001 to 300,000
|
$1,000
|
|
300,001 to 1,000,000
|
$2,000
|
|
1,000,001 or more
|
$3,000
|
(2)
Fill placement fees represent reasonable costs related to application
for administrative, police and code enforcement work.
D.
Inspection fees. There shall be a fee to cover the cost of inspection
and enforcement of the provisions of this chapter based upon the total
number of yards to be placed in accordance with the following schedule:
|
Amount of Fill
(cubic yards)
|
Fee
|
|---|---|
|
0 to 10,000
|
$2,000
|
|
10,001 to 50,000
|
$4,000
|
|
50,001 to 300,000
|
$8,000
|
|
300,001 to 1,000,000
|
$12,500
|
|
1,000,001 or more
|
$15,000
|
E.
To insure conformity to the requirements of this chapter, inspections
shall be made by the Township Engineer or his/her authorized and qualified
agent of the land in or upon which fill placement operations are being
conducted. The Zoning Officer, with the advice of the Township Engineer,
may upon written notice to the applicant issue a stop order for violations
of the fill placement provisions of this chapter, or the resolution
of approval. Work shall not resume until the violations have been
corrected and, in the event of the discontinuance of the activity,
which causes erosion and/or siltation problems or other problems detrimental
to the environment, the performance bond for the development may be
utilized to guarantee the proper performance of the fill placement.
In addition, such inspection fees as are to be posted with the Township
may be used, upon recommendation of the Township Engineer, to engage
an independent certified testing laboratory to sample the fill material
being placed on the site to insure it complies with the provisions
of this section.
A.
Posting amount. No fill placement permit will be issued until the
applicant has posted with the Township a performance guarantee in
a form and with surety that is acceptable to the Township and in an
amount that the Township Engineer deems to be reasonable, using the
following as a standard:
B.
The Township
Engineer shall determine the applicable amount of performance guarantees
to be posted, taking into account the nature and extent of the work
to be done; the type and character of the soil; the extent and depth
of the various fills; the extent to which the area of operations is
wooded; the proximity of proposed operations to streets, buildings,
structures, natural or artificial streams or watercourses; the general
drainage conditions; the amount of topsoil required; and such other
factors as may bear on the operation. The performance guarantee will
be conditioned upon the full and faithful performance by the applicant,
within the time specified in the application, of all the proposed
work in accordance with the provisions of this chapter and of the
fill placement approval issued pursuant hereto.
In addition to such fees as may be required in accordance with
this chapter, an applicant 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 or necessitated
by or resulting from any violation of any provision of this chapter,
including specifically all engineering fees, attorney's fees and costs
incurred by the Township in prosecuting any complaint in the Municipal
Court for violation of the provisions of this section 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.
A.
General conditions.
(1)
During the review of the application the Township Engineer shall
take into consideration the public health, safety and general welfare
and shall give particular consideration to the following factors:
(a)
Zoning regulations.
(b)
Site plan or subdivision plans.
(c)
Soil erosion and sediment control drainage/runoff.
(d)
Noise.
(e)
Methods for transporting, depositing or directing fill.
(f)
Lateral support slopes and grades of abutting streets and lands.
(g)
Land values and uses.
(h)
Aesthetics.
(i)
Provisions for restoration and vegetative cover buffering.
(j)
Grading.
(k)
Proximity to stream areas.
(l)
Environmental constraints.
(m)
Threatened and endangered species.
(n)
Proximity to residences/businesses.
(o)
Airborne particulates.
(p)
Pests, rodents and birds.
(q)
Odors.
(r)
Wetlands.
(s)
Traffic patterns.
(2)
The Township Engineer shall also consider other factors that may
bear upon or relate to the coordinated and harmonious physical development
of the Township.
(3)
The placement of fill shall not create conditions inimical to the
public health, welfare and safety; shall not result in the creation
of soil erosion, environmental, sedimentation or soil fertility problems
or depressed land values; nor shall create any drainage problems or
other unsafe conditions. Permission to place fill may be granted only
subject to all other provisions of this chapter.
B.
Conditions of approval.
(1)
The Township Engineer shall review available sampling data, frequency, QA/QC and other such parameters for compliance with this § 103-35. Failure to fully satisfy any and all applicable requirements shall result in rejection of the application.
(2)
Criteria for determination of allowable materials shall be in accordance
with the following:
(a)
Soil. All targeted contaminant concentrations in all required
samples shall be below the applicable NJDEP Soil Cleanup Criteria
(last revised 2-3-1994); and the soil must be classified as nonhazardous
by the NJDEP.
(b)
Dredge materials.
[1]
All targeted contaminant concentrations in all required samples
shall be below the applicable NJDEP Soil Cleanup Criteria (last revised
2-3-1994); and the fill must be classified as nonhazardous by the
NJDEP; and
[2]
Analysis of all targeted parameters within the effluent (in
accordance with the Management of Dredge Materials document) shall
be below the applicable NJDEP Groundwater Quality Standards for Class
II-A aquifers.
(c)
General.
[1]
For fill materials generated from outside the limits of the
Township, no deviation from the waste classification requirements
(as set forth at N.J.A.C. 7:26-8.5) shall be permitted by the local
authority.
[2]
Under no circumstances shall the Township permit the placement
of fill materials from any contaminated site, or any site which is
undergoing (or has previously undergone) remediation of a hazardous
material discharge or has been generated as the result of a remedial
action.
[3]
An environmental impact statement (EIS) shall be required unless
justification for a waiver is provided by the applicant and approved
by the reviewing board.
(d)
Additional applicable regulations.
[1]
No construction work associated with a fill placement approval
will be allowed to proceed until the applicant has satisfied all applicable
state and federal requirements.
(3)
The maximum elevation of fill placed on a premises shall not exceed
the average elevation of the surrounding properties as measured within
200 feet of the common property line unless required by the Board.
(4)
The applicant will, if a fill placement approval is issued, be solely
responsible for the terms and conditions of the approval and the applicable
bonding, standards and requirements of the chapter. All correspondence,
enforcement, bonding and control of the fill placement will be with
and under the control and responsibility of the applicant.
Any fill material proposed to be installed within the limits
of the Township shall be sampled for contaminants prior to submission
of a fill permit application. Sampling requirements shall be in accordance
with the following:
A.
Soil.
(1)
All sampling procedures utilized to characterize contaminants in
soil shall be in accordance with the Technical Requirements for Site
Remediation (N.J.A.C. 7:26E) and the NJDEP Field Sampling Procedures.
(2)
Soil samples collected to characterize contaminants in soil shall
be analyzed for priority pollutants +40.
(3)
In addition to the above requirements, any person proposing to install
fill materials shall collect waste classification samples to determine
whether such materials are considered "hazardous."
(4)
The procedures for collecting representative waste classification
samples to determine if the materials are hazardous shall be performed
in accordance with the Division of Solid and Hazardous Waste's Waste
Classification Request Form (HWM009) and all associated references
and appendices.
(5)
Waste classification samples shall be analyzed for the parameters
set forth in Appendix 2 of HWM009.
(6)
All applicants shall obtain from the NJDEP Division of Solid and
Hazardous Waste a classification determination letter which indicates
that the materials are not considered hazardous waste.
(7)
At the discretion of the Township Engineer, the requirements for
a waste classification determination letter of native fill material
may be waived subject to the satisfactory submission of a certification
which states (at a minimum) that the fill material is free of contaminants,
is derived from a site which has never been subjected to a hazardous
material discharge, and is located within the Township of Bethlehem.
The certification shall be in the form of a notarized affidavit from
the operator or owner of the site from which the native fill material
is removed.
B.
Dredge materials.
(1)
All sampling procedures utilized to characterize contaminants in
dredge shall be in accordance with the Management and Regulation of
Dredging Activities and Dredged Material in New Jersey's Tidal Waters
(Dredge Management Document), and the NJDEP Field Sampling Procedures
Manual. Sampling frequency shall be in accordance with the sampling
frequency set forth on Table 1 of the Dredge Management Document.
The draft form of this document will be utilized until such time as
a final document is adopted.
(2)
Dredge samples collected to characterize contaminants in the dredge
material shall be analyzed for all contaminants set forth in the Dredge
Management Document, Appendix A, in accordance with the analytical
methods stated therein.
(3)
In addition to the above requirements, any person proposing to install
fill materials shall collect waste classification samples to determine
whether such materials are considered "hazardous."
(4)
The procedures for collecting representative waste classification
samples to determine if the materials are hazardous shall be performed
in accordance with the Division of Solid and Hazardous Waste's Waste
Classification Request Form (HWM009) and all associated references
and appendices.
(5)
Waste classification samples shall be analyzed for the parameters
set forth in Appendix 2 of HWM009.
(6)
All applicants shall obtain from the NJDEP Division of Solid and
Hazardous Waste a classification determination letter which indicates
that the materials are not considered hazardous waste.
(7)
At the discretion of the Township Engineer, the requirements for
a waste classification determination letter of native fill material
may be waived subject to the satisfactory submission of a certification
which states (at a minimum) that the fill material is free of contaminants,
is derived from a site which has never been subjected to a hazardous
material discharge, and is located within the Township of Bethlehem.
The certification shall be in the form of a notarized affidavit from
the operator or owner of the site from which the native fill material
is removed.
A.
Operations under a fill placement approval must be conducted in such
a manner as to minimize any negative impacts which may result from
the activities related to soil erosion, dust, mud, sedimentation and
drainage during the course of the work.
B.
Unless temporary vegetative cover is established according to Soil
Erosion Standards, the applicant shall be required to section the
property which is the subject of his approval into areas of not more
than five acres and to schedule the work of fill placement so that
the operation conducted in one section is completed and at final grade
before work is commenced in any other section of the premises. Temporary
vegetative cover shall be required in an area or section if same is
not to final grade and the applicant desires to work in another section.
A.
In the placement of fill, the owner or person in charge shall conduct
the operations so that there will be no interruption of natural drainage
and that the area will be properly cleared of debris and graded to
conform with the contour lines and grades as approved by the Township
Engineer. The conduct of the operation shall be under the responsibility
and control of the Township Engineer, who will make periodic inspections
to determine that there is no deviation from the information and requirements
of the application as approved.
B.
Temporary grading will be required on a daily basis to eliminate
unsafe slopes, faces and excavations.
C.
Every fill placement project shall be conducted and completed in
a manner which will eliminate any condition hazardous to any member
of the public who may have access to the property or to the health,
safety or welfare of the residents of the Township.
D.
No fill placement operation is to be conducted except between the
hours of 7:00 a.m. and 5:00 p.m. on weekdays only.
E.
No activity associated with the placement of fill shall result in
the accumulation of dirt, rubble, liquid or debris on any roadway
within the Township.
F.
The fill placement operation shall be conducted so that the noise
from trucks or equipment will not be a source of annoyance or discomfort
to any residents of the Township.
G.
Every truckload of material shall be properly trimmed and shall protrude
no more than 12 inches above the sides of the truck at the peak or
highest point of each load and shall be covered as provided under
applicable New Jersey motor vehicle laws.
A.
Requirements for replacement. When no or insufficient topsoil is
present on the site or premises:
(1)
Each site, area or premises governed by a fill placement permit shall
be covered with a minimum of four inches of topsoil upon completion
of the project.
(2)
Topsoil material may be brought to the premises from off site in
order to complete the fill placement activities and prior to placement
of final vegetative cover.
(3)
Topsoil shall be friable and loamy, free of debris, weeds and stones
and shall not contain any toxic substance that may be harmful to plant
growth. A pH range of 5.0 to 7.5 is acceptable. Soluble salts should
not exceed 500 ppm.
(4)
Topsoil shall be tested by a recognized testing laboratory, the U.S.
Department of Agriculture or the Rutgers University Soil Testing Laboratory,
with test results submitted to the Township for approval prior to
placement. Also, topsoil previously excavated and stockpiled on the
premises shall be subject to this requirement.
B.
Site preparation.
(1)
Grade as needed, to conform to the final contours on the approved
fill placement maps.
(2)
Subsoil should be tested for lime requirement and limestone, if needed,
should be applied to bring soil pH to 6.5 and should be incorporated
into the soil as nearly as practical to a depth of four inches.
(3)
Immediately prior to topsoil distribution, the surface should be
scarified to provide a good bond with the topsoil.
(4)
Employ needed erosion control practices such as diversions, grade
stabilization structures, berms, channel stabilization measures, desilting
basins and waterways.
D.
Seedbed preparation.
(1)
Apply limestone and fertilizer according to laboratory test requirements
in accordance to the recommendations and approval of the Township
Engineer.
(2)
Work lime and fertilizer into the soil as nearly as practical to
a depth of four inches with a disc, spring-tooth harrow or other suitable
equipment. The final harrowing or discing operation should be on the
general contour. Continue tillage until a reasonably uniform, fine
seedbed is prepared.
(3)
Remove from the surface all stones two inches or larger in any dimension,
and remove all other debris, such as wire, cable, tree roots, pieces
of concrete, clods, lumps or other unsuitable material.
(4)
Inspect seedbed just before seeding. If traffic has left the soil
compacted, the area must be refilled and fumed as above.
E.
Seeding.
(1)
Selection of seed mixture shall be by recommendation of the Hunterdon
Soil Conservation District based upon laboratory test results upon
topsoil to be used and other applicable criteria, such as grade, drainage,
subsoil, etc. The Township Engineer shall approve the seed mixture.
(2)
Apply seed uniformly by hand, cyclone seeder, drill cultipacker seeder
or hydroseeder (slurry including seed and fertilizer). Normal seeding
depth is from 1/4 inch to 1/2 inch. Hydroseedings which are mulched
may be left on soil surface.
(3)
Where feasible, except where either a cultipacker type seeder or
hydroseeder is used, the seedbed should be finned following seeding
operations with a roller or light drag. Seeding operations should
be on the contour.
F.
Mulching. Required on all sites (sands, slopes or hydroseedings and
off-season operations) unless approval for omission is obtained in
writing from the Township Engineer.
(1)
Spread uniformly by hand or mechanically so that approximately 75%
to 95% of the soil surface will be covered. For uniform distribution
of hand-spread mulch, divide area into approximately one-thousand-square-foot
sections and distribute 70 pounds to 90 pounds within each section.
(2)
Mulch anchoring should be accomplished immediately after placement
to minimize loss by wind or water. This may be done by one of the
following methods depending upon the size of the area, steepness of
slopes and costs:
(a)
Peg and twine. Drive eight-inch to ten-inch wooden pegs to within
two inches to three inches of the soil surface every four feet in
all directions. Stakes may be driven before or after applying mulch.
Secure mulch to soil surface by stretching twine between pegs in a
criss-cross and square pattern. Secure twine around each peg with
two or more round turns.
(b)
Mulch nettings. Staple paper, jute, cotton or plastic nettings
to the soil surface. Use degradable netting in areas to be mowed.
A.
Any acceptable soil material that will be deposited within the Township, which is to be brought into the Township from outside sources, or from sources within the Township, must be tested at the source for compliance with the Soil Ranking Criteria found in N.J.A.C. 7:26F, Appendix C, Table 1-A, in accordance with § 103-36 of this article, and evaluated by a state certified laboratory.
B.
Further:
(1)
All expenses connected with such testing are to be borne by the recipient
of the fill;
(2)
The Township Engineer and County Health Department shall have the
authority to order additional reports or inspections as they may deem
necessary and appropriate;
(3)
Acceptance or rejection of any approved soil material is to be made
by the Township Engineer or Health Department according to this article
and any additional rules or regulations they may from time to time
enact; and
(4)
A minimum of two samples are to be extracted from the source for
laboratory analysis for each five-hundred-cubic-yard lot, or fraction
thereof. Samples are to be extracted, tested and evaluated by a state-certified
laboratory. Samples must be biased to the location of the highest
suspected contaminated concentrations, as determined by the laboratory
professional or his duly assigned representative.
C.
A letter from a laboratory certified by the State of New Jersey to
perform soil analysis, stating that results meet or exceed the present
Ranking Criteria for Residential Direct Contact as contained above,
along with the actual test results shall be provided.
Responsibility for obtaining a permit for approval to deposit
approved soil material is with the property owner.
Each permit issued under the terms of this article shall be
valid only for the location(s) described in the permit and for a period
of six months from the date of issuance, subject to renewal.
Any person, firm or corporation who or which shall violate any
provision of this article shall pay the required fees in connection
with the permit as outlined herein, plus all costs associated in having
the material tested, plus a cost of $5 for each and every cubic yard
of material that has been imported to the site, as determined by the
Township Engineer. Such person, firm or corporation shall also be
liable to a fine of not more than $5,000 or to imprisonment for a
term not to exceed 90 days, or both such fine or imprisonment, at
the direction of the Court. Every day in which such violation continues
after due notice has been served shall constitute a separate violation
or offense.
Any person aggrieved by the action of the Township Engineer
in the denial of a permit under this chapter shall have the right
of appeal to the Township Committee within 15 days after receipt of
a notice of denial. The decision and order of the Township Committee
on such appeal shall be final and conclusive.
