The Township Council 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 deferring the efforts of the Township to effectuate the general purpose of municipal planning.
[HISTORY: Adopted by the Township Council of the Township of Allamuchy as indicated in article histories. Amendments noted where applicable.]
[1]
Editor's Note: The title of former Ch. 253, Soil Removal, was amended 10-26-2022 by Ord. No. 2022-07.
[Adopted 12-4-1980(Ch. 110 of the 1981 Code)]; amended 5-21-2013 by Ord. No. 2013-05; 10-26-2022 by Ord. No. 2022-07]
As used in this chapter, the following terms shall have the meanings indicated:
A plan for soil removal approved either by the Land Use Board as a conditional use and by the Township Council pursuant to the provisions of this chapter or, in the case of a nonconforming use, by the Land Use Board and Township Council 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.
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 on the premises from which the soil shall be taken, except in connection with excavation or grading incidental to construction or alteration of a building on such premises for which a building permit has been issued, except in accordance with an approved plan for which a permit has been first obtained. No application for a permit shall be made pursuant to this chapter until a conditional use permit has been obtained from the Land Use Board except as otherwise provided in § 253-4.
In the case of soil removal operations presently in existence as nonconforming uses, the owner or operator shall, within 60 days of the enactment of this chapter, file an application for a permit under this chapter with the Land Use Board. The Land Use Board shall consider the application and make its recommendations to the Township Council within 65 days from the date of the filing of the application.
A.
An application to the Land Use Board for a conditional use permit pursuant to § 253-3 shall be accompanied by:
(1)
A map showing existing contour lines at two-foot intervals.
(2)
An aerial survey 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.
B.
The maps shall also show all existing trees 2 1/2 inches in diameter measured 4 1/2 feet from ground level and the 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.
C.
The application shall also indicate the total number of cubic yards to be removed and the length of time within which the proposed operation shall be completed, which shall normally not be for longer than five years. Where a total project is not capable of being completed within five years, it shall be broken down into two sections, one of which shall be completed within five years and the other within such further period not exceeding five years as the Land Use Board may recommend or specify and the Township Council approve. The Land Use Board shall have discretion to create phases of operation for periods less than five years, and no new phase shall commence after December 21 of any year until all previous excavations are graded and topsoiled according to the filed plans.
A.
In considering and reviewing the application and arriving at their decision, the Land Use Board and Township Council 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:
(1)
Soil erosion by water and wind.
(2)
Surface water drainage.
(3)
Soil fertility.
(4)
Lateral support of abutting streets and lands.
(5)
Public health and safety.
(6)
Land values and uses.
(7)
Contours, both existing and proposed.
(8)
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.
(9)
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.
(10)
Effects of tree removal.
(11)
Effects on water resources such as streams and wetlands.
B.
In the event that after considering and reviewing the application the resultant effect would be a creation of a lake, pond, hole, pit or similar type of depression, and, further, in the event that the nature of the application would be a wet-mining operation, then and in that event, in addition to the above-referred-to factors, these factors alone may be a sufficient basis for the denial of the permit.
A permit shall be issued after approval of the application by the Township Council. It shall show terms of the permit based upon the applicant's estimate of the time necessary to complete the proposed operation as provided for in § 253-5C.
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 Council, 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.
The following regulations shall be observed:
A.
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 operation accumulating on any adjoining property or public road shall be removed therefrom immediately upon notice by the Township Engineer to the permittee of the accumulation.
B.
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 the operations. No operation shall be permitted within 100 feet of any stream or wetland, as defined in the Zoning Ordinance, unless it can be shown that soil removal would not alter the quantity or quality of the water nor adversely affect the rate of water flow and that the final finishing grade requires soil removal within the one-hundred-foot distance.[1]
C.
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 condition with regard to any person or persons.
D.
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, graded to conform to the contours and grades as approved by the Township Council and trees planted in accordance with the plan approved by the Township Council. A final map shall be submitted containing and complying with all requirements as set forth in this section.
E.
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 Land Use Board and Township Council, as the case may be.
F.
No soil shall be removed which is within eight feet of the water table unless approved by the Township Council, and no soil shall be removed which is below the grade established and shown on the approved map.
G.
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 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.
Each 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 to 100 feet, showing contours every two feet, retained arable soil, equipment, the areas where soil was removed, the locations of water supply and disposal facilities and drainage facilities and prepared and certified by a licensed professional engineer.
I.
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 Council for good cause shown.
J.
Upon the completion of work in any specific area, all respreading of arable soil and reseeding as required by this section and § 253-9 of this chapter 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 same, the work shall be completed within the additional time as may be specified by the Township Council.
K.
The Township Council 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 the modifications would clearly be in the public interest. The Township Council shall, in all cases, submit the proposed modifications to the Land Use Board for report and recommendation thereon prior to taking final action.
Hours of operation shall be limited to from 6:00 a.m. to 6:00 p.m. Mondays through Saturdays, except in emergencies when authorized by the Township Council. There shall be no operation of any kind or character on Sundays or legal holidays, except in emergencies when authorized by the Township Council.
While working an area, the working face of the excavation shall not exceed 60° from the horizontal, nor shall a sixty-degree angle have a vertical height exceeding 30 feet, except that when soil conditions permit a greater angle and/or height or require a lesser angle and/or height from the horizontal, as determined by the Township Engineer, such greater or lesser specifications may be required or permitted. Any face not currently being worked on shall not exceed 30° from the horizontal. Where an excavated area adjoins a public road which has 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 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 of any building, the finished grade thereof shall not exceed 10% or be less than 2%. Care should be taken so that there shall be no diversion of surface water either during the operation or after the project is complete.
[Amended 8-13-2025 by Ord. No. 2025-08]
A.
Application and inspection fees. Upon application for a soil removal permit pursuant to the provisions of this chapter, the applicant shall pay a fee in the amount of $100 and an escrow fee of $1,000 to cover the cost of the initial review of the proposed soil removal operation, including the costs of legal, engineering or other expert advice.
B.
Annually thereafter a permittee shall reimburse the Township for the cost of all periodic inspection fees as well as for any extraordinary costs or expenses necessitated as the result of unforeseen difficulties or exigencies or necessitated by or resulting from any violation of any provision of this chapter.
A.
Before any work is done for which a permit is required and during the period covered by the permit, the applicant shall file and maintain a bond in form and with surety approved by the Township Attorney in an 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 $3,000 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 § 253-9 and also final provisions for drainage of the site and grading to final contour.
B.
The amount of any performance bond or guaranty may be reduced by the Township Council by resolution when portions of the improvements or works have been completed, upon recommendation of the Township Engineer.
When all required performance has been completed, the obligor shall notify the Township Council, in writing, by certified or registered mail, of the completion thereof and shall send a copy thereof to the Municipal Engineer. The Township Council shall authorize the Municipal Engineer to inspect the site to determine that all requirements of the approved plan have been complied with. The Municipal Engineer shall thereupon file a report in writing with the Township Council 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 Municipal 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 Council shall accept or reject the work, grant partial approval or withhold approval on the basis of the 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 Council 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 or bond except for the portion adequately sufficient to secure the work not yet approved.
After reasonable notice and an opportunity to be heard before the Township Council, the permit of any person may be revoked or suspended for such period as the Township Council may determine for any violation of the terms hereof or the terms and conditions of any approved plan and permit granted hereunder.
[Adopted 10-26-2022 by Ord. No. 2022-07]
The placement of contaminated soil within the boundaries of the Township of Allamuchy poses a threat to the safety, public health, and general welfare of the Township's residents. The adoption and enforcement of this article does not exempt an applicant from required approvals of the local Soil Conservation District and is meant to act in conjunction with all Soil Conservation District requirements with respect to soil importation.
As used in this article:
Non-water-soluble, non-decomposable, inert solids such as soil, subsoil, topsoil, sand, clay, loam, gravel, humus, rock, concrete, brick, glass, and/or clay or ceramic products, free of construction/demolition debris, garbage, refuse, or sludge and not containing concentrations of one or more contaminants that exceed the New Jersey Department of Environmental Protection (NJDEP) residential direct contact soil remediation standards or nonresidential direct contact soil remediation standards, whichever is more stringent, as set forth in N.J.A.C. 7:26D, Remediation Standards.
Shall mean any person or entity who has filed an application with the Township Clerk pursuant to the provisions of § 253-20 herein.
Shall mean soil or fill material containing one or more contaminants from an unintentional or intentional spilling, leaking, pumping, pouring, emitting, emptying, or dumping of a hazardous substance, hazardous waste, pollutant, or naturally occurring contaminant at a concentration which fails to satisfy any applicable remediation standard as defined by the New Jersey Department of Environmental Protection.
Shall mean, all forms of reclaimed materials, whether organic or inorganic, including by way of example, but not by way of limitation, quarry process, crushed masonry, recycled concrete aggregate, brick or brick fragments, asphalt millings, dredging materials, and any mixtures thereof or in mixtures with soil.
Shall mean the presence of one or more contaminants at levels generally considered to pose a threat to human health, whether from short-term or long-term direct exposure, or from consequent degradation of surface or groundwater resources.
Shall mean the movement of soil or fill materials onto properties located within the boundaries of the Township of Allamuchy from one or more locations outside the Township's boundaries.
Shall mean all contiguous lands owned by the same person or entity.
Shall mean and include all forms of earth, whether organic or inorganic, including by way of example, but not by way of limitation, surface or subsurface dirt, stone, rock, gravel, crushed stone, sand, humus, clay, loam, minerals, topsoil, and any mixtures thereof.
Importation of contaminated soil or fill materials into the Township of Allamuchy is prohibited.
[8-13-2025 by Ord. No. 2025-08]
A.
No person shall deposit or place soil/fill material, or cause, allow, or permit soil/fill to be placed on any property in the Township, unless a permit is issued by the Township and any other applicable county, state or federal approvals or permits have been obtained. Unless otherwise exempt under this article, no permit shall be issued unless: (1) the applicant submits proof that the soil/fill material has been tested in accordance with the Township's requirements; (2) the soil/fill meets the definition of "acceptable soil/fill," and (3) the application otherwise conforms with the standards of this article. The property owner receiving the soil/fill is responsible for obtaining the permit. The application shall be filed with the Township Clerk for action by the Township Engineer and shall be accompanied by a filing fee of $250. The applicant shall also deposit an escrow with the Township Clerk in the amount of $1,000 at the time of application, to reimburse the Township for reasonable administrative, legal and engineering work associated with the review of the soil/fill importation permit application. The Township Engineer may require additional escrow provided that the Township Engineer's initial review results in a determination that there is a need for additional engineering review or retention of professional services as described in § 253-23 herein.
B.
The application shall be made on forms supplied by the Township, and shall disclose the following:
(1)
Soil/fill material supplier:
(a)
The name, title, company name, address, telephone number, email address, and other contact information for the soil/fill supplier.
(b)
The site name(s), address(es), and lot and block number(s) of the property(ies) that is/are the source of the soil/fill.
(c)
A brief history of the source property(ies), including current and past uses of the property(ies).
(d)
An indication as to whether the source property(ies) has been known or suspected to be contaminated.
(e)
Certification from the soil/fill supplier indicating the soil/fill being imported meets the definition of "acceptable soil/fill." The material certification must include the following: (i) method of conformance with NJDEP's "Fill Material Guidance for SRP Sites," current version; (ii) map of sample(s) location(s); and (iii) laboratory testing results of the sample(s).
(2)
Person receiving or placing soil/fill material.
(a)
The name, title, company name, address, telephone number, email address, and other contact information.
(b)
The site name(s), address(es), and lot and block number(s) of the property(ies) where the soil/fill material will be placed.
(c)
The purpose of the imported soil/fill.
(d)
The quantity in cubic yards of acceptable soil/fill material to be imported and placed.
(e)
A map depicting the area where the acceptable soil/fill material shall be placed and the proposed grades.
(f)
The anticipated dates of placement and grading.
(g)
The anticipated date of permanent stabilization of all site areas disturbed as a result of the placement and grading of the acceptable soil/fill materials.
(h)
Copies of permits from review agencies other than the Township that are required prior to the start of work.
Each permit issued under the terms of this article shall be valid only for the locations(s) and soil/fill material described therein and shall be valid for one year from the date of issuance, unless otherwise extended by the Township Engineer. Expired permits may be renewed one time upon the filing of a renewal application with the Township Engineer. The renewal application shall be accompanied by a minimum fee of $100. Application for renewals shall be approved provided that there are no changes to the scope of the project or to the previously approved source(s) of imported soil and fill materials as described pursuant to § 253-20. Material changes to the project, including but not limited to, changes in scope of project or source(s) of imported soil and fill materials, shall result in denial of the renewal application. Denials of renewal applications shall not prejudice the refiling of an application for a permit pursuant to § 253-20.
A person is not required to obtain a permit under this article for the following:
A.
Minor filling associated with landscaping activities at any property where up to 150 cubic yards per year of acceptable soil/fill material is being deposited.
B.
Fill for septic installation and/or repair certified to be such by a licensed New Jersey engineer; or approved by the local health agency.
C.
Virgin quarry products including, but not limited to, rock, stone, gravel, sand, clay and other mined natural products.
D.
Acceptable soil/fill material being moved from one section of an owner's property to another section of the same property.
A.
The Township Engineer shall review all applications required hereunder, and shall, within 15 days of receipt of a completed application, either approve, conditionally approve or deny the application.
B.
In reviewing a permit application under this article, the Township shall be guided by and take into consideration the public health, safety and general welfare together with the general purposes of municipal planning. Particular consideration may include, but is not limited to, the following factors:
(1)
Soil erosion by water and sand.
(2)
Surface water drainage.
(3)
Soil fertility.
(4)
Lateral support of abutting streets and lands.
(5)
Public health and safety.
(6)
Land values and uses.
(7)
Impact on quality of groundwater and/or surface water.
(8)
Impact on local streets, utilities and services.
(9)
Existing contours and topographic character of the land prior to the placement of any soil/fill and proposed contours which will result after the placement of soil/fill in accordance with the application.
(10)
Such other factors as may bear upon or relate to the coordinated, adjusted and harmonious physical development of the municipality.
C.
If the Township Engineer, in the course of review, determines that Township roads may sustain meaningful "wear and tear" damage due to the passage of trucks carrying the imported materials, the Township's Road Department shall review the application. If meaningful damage is determined to be likely, the Road Department shall provide a reasonable estimate of excess costs attributable to truck traffic associated with the importation activity. Such estimates shall fairly apportion and distinguish between costs associated with the importation activity and those associated with normal usage of the Township's roadways including occasional passage of heavy trucks. The applicant shall be solely responsible for costs attributable to the importation activity and shall establish an escrow fund in the Township Clerk's office sufficient to refund the Township for this expense.
D.
If, during the course of soil or fill material importation, the Township Engineer shall determine that a physical examination of the material involved is required to ensure protection of public health and safety, the Township may retain, at its discretion, a soil consultant to examine the imported material. Such examination shall be at the sole expense of the applicant who shall establish an escrow account to cover the possibility that this cost may be incurred.
E.
If the Township Engineer, in the course of review, determines the need for site plan review, the application shall be referred to the Land Use Board for review, and approval of the importation permit shall be stayed pending review of the application by the Land Use Board.
During the school year, which for the purposes of this article will be September 1 to June 30, truck traffic for the permitted importation of soil or fill materials shall be limited to the hours of 9:00 AM to 3:00 PM Mondays through Fridays inclusive. From July 1 to August 31, truck traffic for the permitted importation of soil or fill materials shall be limited to the hours of 7:00 AM to 6:00 PM Mondays through Fridays inclusive. Traffic for permitted importation of materials is prohibited on Saturdays and Sundays.
A.
Any person who violates any provision of this article shall be liable to a fine of not more than $1,000 or to imprisonment for a term not to exceed 90 days or both such fine and imprisonment, at the direction of the Municipal Court. Every day in which such violation continues after due notice has been served shall constitute a separate violation or offense. Upon order of the Court, the violator shall pay all costs associated with analytical testing, remediation, removal and proper disposal of soil/fill material determined to not to comply with the definition of "acceptable soil/fill."
B.
If it is determined that contaminated soil or fill materials have been imported into the Township, whether unintentionally or intentionally, any ongoing importation activities shall cease immediately and the property owner shall, at the Township's discretion, be responsible for remediation or removal of the material. If the imported material is determined to be hazardous, remediation and/or removal shall be required. Any such remediation or removal shall be conducted under the supervision of the Township Engineer at the sole expense of the property owner.