[Added by Ord. No. 99-07]
A. 
There are areas within Fredon Township which are underlain by carbonate bedrock such as limestone and dolomite. The solution of the bedrock causes surface depressions, open drainage passages, and the development of irregular, subsurface rock topography known as karst. These conditions make such areas unstable and susceptible to subsidence and surface collapse. As a result, the alteration of drainage patterns in these areas by the placement of impervious coverage, grade changes, or increased loads from site improvements can lead to land subsidence and sinkholes.
B. 
Fractures or solution openings and fissures in the limestone rock may lead to public or private water supplies, making those sources especially susceptible to groundwater contamination. Contamination of water sources can occur from solid and liquid wastes, contaminated surface water, septic tank effluent, or other hazardous substances moving through fractures or solution openings and fissures within the rock.
C. 
Carbonate aquifers are an important source of groundwater in Fredon Township. The Township relies on a clean supply of subsurface water to foster and promote human health, welfare and economic and social development. Therefore, the purposes of enacting this chapter are to protect, preserve and enhance a sensitive and valuable potable groundwater resource area and to reduce the frequency of structural damage to public and private improvements by sinkhole collapse or subsidence in areas of limestone geology, thus protecting the public health, safety and welfare and insuring orderly development within the Township.
The provisions of this chapter shall be applicable to development activities in the Carbonate Area District requiring preliminary major subdivision approval or preliminary site plan approval from the Fredon Township Land Use Board.
The Carbonate Area District is hereby created and shall be any area identified as such upon the Fredon Township "Carbonate Area District" map.[1] The district shall be constituted as secondary, or as an "overlay," to the zoning districts heretofore established by the Zoning Map and may encompass all or portions of more than one existing zoning district. Regulation of the CAD shall be in addition to those requirements governing the existing zoning district. The Carbonate Area District shall contain two areas which shall be known as the Carbonate Rock District and the Carbonate Drainage Area.
A. 
Carbonate Rock District (CRD). The Carbonate Rock District is composed of those areas of the municipality underlain by limestone or carbonate rocks. The geologic mapping utilized to prepare the CRD overlay boundary is derived from New Jersey Geologic Survey and United States Geological Survey maps. These maps are interpretations developed from available field observations and subsurface data. Additional unmapped areas of limestone rocks may exist in Fredon Township. The provisions of this chapter may therefore be applied to any development which, in the opinion of Fredon Township, is located in an area underlain by limestone. The CRD map shall be updated as information is developed through the application of this chapter.
B. 
Carbonate Drainage Area (CDA). The Carbonate Drainage Area shall consist of all lands which drain surface water into the Carbonate Rock District. Changes in the quantity, quality and rate of discharge of surface water runoff from lands upslope of the Carbonate Rock District can adversely affect the CRD. Therefore, development activities in the CDA which may alter the surface drainage patterns or affect the water quality or increase runoff into the CRD shall be subject to the requirements of this chapter.
[1]
Editor's Note: Said map is included at the end of this chapter.
A. 
All applicants filing for preliminary major subdivision approval or preliminary site plan approval from the Fredon Township Land Use Board shall undertake a geotechnical investigation program. Projects located in the Carbonate Drainage Area shall complete the Phase I requirements. Projects located in the Carbonate Rock District shall first complete the Phase I requirements. The submission of the Phase II requirements shall be based on the recommendation of the municipal geotechnical consultant (GTC) to the Land Use Board pursuant to § 45-53.
B. 
The geotechnical investigation program shall be prepared by a professional engineer or geologist with experience in karst terrain. The municipality's geotechnical consultant (GTC) shall be similarly qualified to review all projects submitted.
C. 
The geotechnical investigation program shall identify the geologic nature of the materials underlying the site.
D. 
The geologic investigation report shall evaluate site information gathered during the geotechnical investigation, and provide recommendations for the planning, engineering design, and construction techniques to be utilized. All design recommendations shall minimize, to the greatest extent practical, impacts upon water quality and structural hazards associated with limestone formations.
E. 
In that the results of the geologic investigation are essential for the planning, engineering design and construction techniques to be utilized on the project, the geologic investigation program shall be completed and the geologic investigation report filed with the formal application for preliminary major subdivision or preliminary site plan approval. Prior to the submission of an application for preliminary major subdivision or a preliminary site plan, the applicant may, and is encouraged, to consult or meet informally with the municipal geotechnical consultant or the Land Use Board as deemed necessary to receive guidance on their investigation.
For all properties located in the CAD, a comprehensive geologic investigation program shall be conducted by the applicant. The purpose of this program is to provide the Land Use Board with sufficient data to define the nature of all existing geologic conditions that may affect construction and land use activities on the site. Specifically, the investigations shall yield information which shall demonstrate that the proposed development will identify any existing geologic conditions for which appropriate site design and/or engineering solutions may be necessary to minimize any adverse environmental impacts caused by the project. The geotechnical investigation program consists of the following:
A. 
The applicant shall complete the Phase I requirements. Upon completion, the applicant shall have the option to submit the information to the Land Use Board to obtain an informal review and guidance prior to proceeding with Phase II.
B. 
The applicant shall complete the Phase II requirements. Upon completion, the applicant shall have the option to submit the information to the Land Use Board to obtain an informal review and guidance prior to proceeding with the on-site geotechnical investigation.
C. 
Applicant undertakes on-site geotechnical investigation program in accordance with § 45-53 with observation by municipal GTC.
D. 
Submission of a geotechnical investigation report by the applicant.
E. 
Municipal GTC review of the geotechnical investigation report and final recommendation to the Land Use Board.
A. 
U.S. Geologic Survey 7 1/2 minute topographic quadrangle maps with parcel identified.
B. 
U.S.D.A. Soil Conservation Service soil survey map indicating soils present on parcel.
C. 
Information from any special reports completed by the N.J. State Geological Survey, U.S. Geologic Survey, or the N.J. Department of Environmental Protection.
D. 
Site plan map at a scale of one inch equals 1,000 feet identifying proposed development site and boundaries of site that are within the CRA and/or CDA as designated on the municipal CAD map.
E. 
Aerial photograph print of the proposed site and surrounding area at a minimum scale of one inch equals 1,000 feet obtained during periods of minimum foliage.
F. 
Location of all known water production wells and well log information with 1/2 mile of the project.
G. 
A project sketch plat at a minimum scale of one inch equals 200 feet with existing surface water bodies, location of any existing water production wells, faults, outcrops, springs, sinkholes, disappearing streams, and surface water flows.
H. 
Written narrative describing proposed activity.
I. 
If the project includes the storage or manufacturing of toxic or hazardous materials, provide an explanation of the activity.
J. 
Other published geologic information which the applicant deems pertinent, such as information from other geologic investigation programs which are on file with the municipal Clerk or other agencies.
A. 
General requirements.
(1) 
Test borings and test pits are to be used as the primary means of identifying potential geologic hazards. Percussion probes and other geophysical techniques (e.g., seismic refraction and reflection, ground-penetrating radar, magnetic gravity and conductivity) can be used to provide data between test borings and pits.
(2) 
Proposed exploration techniques which are not outlined in this chapter may be submitted to the GTC for review and possible inclusion in the approved investigation program. Alterations to the planned program can be made during the progress of the field investigation upon request to the GTC if so required by the nature of the encountered subsurface conditions.
(3) 
The intention of the site investigation program is to define the nature and limits of possible design, construction and operating concerns that could result from the existence of carbonate soil and/or rock formations underlying the proposed development site.
(4) 
Name and address of New Jersey licensed engineer, New Jersey licensed well driller, and geologic consultant to be used.
B. 
Direct testing procedures.
(1) 
Provide number of proposed test borings. The minimum number of borings required is shown in the following table; however, the municipal geotechnical consultant may require additional tests as site conditions warrant.
Type of Development
Foundations
Infrastructure
Stormwater Management
Residential
1 to 10 dwellings
1 per dwelling
1 per 1,000 feet roadway
2 per basin
11 to 50
0.15 per dwelling
0.75 per 1,000 feet roadway
2 per basin
>50 dwellings
0.1 per dwelling
0.5 per 1,000 feet roadway
2 per basin
Nonresidential
0 to 5,000 square feet building area
0.4 per 1,000 square feet building area
0.33 per 1,000 S.Y. impervious
2 per basin
5,001 to 10,000 square feet building area
0.3 per 1,000 square feet building area
0.3 per 1,000 S.Y. impervious
2 per basin
>10,000 square feet building area
0.2 per 1,000 square feet building area
0.2 per 1,000 S.Y. impervious
2 per basin
*
Note: Additional investigation may be required based upon actual field conditions encountered.
(2) 
Provide anticipated depth of borings. If rock is encountered within 40 feet of ground surface, a minimum of 10 feet rock is to be cored. Rock cores shall be a minimum of two inches in diameter to be obtained by double tube, split barrel coring device or equivalent.
(3) 
Describe boring techniques to be used. Unless written approval is obtained, all test borings will be drilled using rotary wash/without use of drilling muds. Water losses in borings are to be monitored as to depth and quantities. Air loss, drilling speed and rod drops must also be monitored.
(4) 
Describe proposed borehole grouting techniques. Grouting shall be in accordance with N.J.A.C. 7:9-9.1 et seq.
(5) 
Provide description of proposed monitoring wells.
(6) 
Describe anticipated soil and rock sampling procedures. Sampling shall be in accordance with ASTM D420, D1586, D1587 and D2113.
(7) 
Borings and test pits shall be logged in accordance with the Unified Soil Classification System and in relation to the geologic origin of the constituents of the encountered materials, i.e., light yellow brown silty clay (CH), with occasional angular dolomite fragments, moderately stiff, residual soils, some stained paleo jointing.
(8) 
Provide number and depth of proposed test pits. The minimum bottom area of pits shall be 10 square feet and shall encounter rock surface over 50% of the pit area.
(9) 
Describe proposed method of test pit backfill. Test pit backfill shall be composed of excavated material placed in layers and compacted to preexcavation density, unless authorized otherwise by GTC.
(10) 
Provide proposed number and types of piezometers and/or lysimeters to be used. They shall be installed and monitored in sufficient locations to identify depth to seasonable high water table and the rate and direction of groundwater flow.
(11) 
Provide descriptions of any other proposed methods for measuring groundwater levels and rate and direction of flow.
(12) 
Provide description of methods for the geochemical testing of the properties of soils, rock and water.
C. 
Indirect testing procedures.
(1) 
Provide the proposed number, anticipated depths, and measuring techniques of proposed percussion probes.
(2) 
Describe the proposed number of seismic refraction and reflection tests and equipment to be used.
(3) 
Describe the proposed number of ground-penetrating radar tests and equipment to be used.
(4) 
Describe the proposed number of magnetic, gravity or conductivity tests and equipment to be used.
(5) 
Describe geologic reconnaissance factors to be examined, i.e. vegetative changes, observable seeps or groundwater discharge, circular depressions, swales.
(6) 
Describe any other geologic reconnaissance field investigation techniques proposed.
D. 
Maps, drawings and other documentation.
(1) 
Provide the location of the site on 1:24,000 scale U.S.G.S. topographic map and general site plan showing proposed locations of all field testing procedures in relation to the planned development at a minimum scale of one inch equals 100 feet.
(2) 
Provide timetable of proposed field investigation, laboratory testing, test data receipt and final report to the Land Use Board.
(3) 
Describe proposed technical inspection procedures during investigation. Continuous technical supervision of field investigation is strongly recommended.
(4) 
Describe any special factors or conditions the applicant wishes to bring to the attention of the GTC.
A. 
On-site investigations and tests undertaken pursuant to this chapter shall not begin until the applicant has submitted the appropriate fees as required in Article VIII and has provided proper notice to the municipality. The applicant shall be responsible for providing, at least 15 days prior to commencement of any testing procedures, written notice of same to the municipal Clerk, which notice shall be transmitted by certified mail, returned receipt requested or served personally. All site investigations shall be properly closed in accordance with N.J.A.C. 7:9-9.1 et seq.
B. 
The proposed development site shall be subject to inspection by the GTC or designated municipal inspectors at any time. All testing data and results shall be made available to municipal officials and inspectors on demand.
C. 
All samples taken shall be properly preserved and shall be available for examination by the municipality upon request until final action is taken by the Land Use Board on the application.
A. 
At the completion of the field investigation, a formal site investigation report shall be submitted and include any of the following required information gathered during the testing protocol:
(1) 
Logs of all borings, test pits, and probes including evidence of cavities, loss of drilling fluid circulation during drilling, voids encountered and similar cavities.
(2) 
Type of drilling or excavation technique employed.
(3) 
Drawings of monitoring or observation wells as installed with results of monitoring.
(4) 
Time and dates of explorations and tests.
(5) 
Reports of chemical analyses of on-site surface and groundwater and the potential for reaction with the underlying rock with an assessment of the likelihood of formation of solution cavities.
(6) 
Names of the individuals conducting the tests if other than the New Jersey licensed engineer, New Jersey licensed well driller, or geologic consultant provided in the Phase II requirements.
(7) 
Analytical methods used on soils, water samples, and rock samples.
(8) 
A one inch equals 100 feet scale topographic map of the site (at a contour interval of two feet) locating all test pits, borings, wells, seismic or electromagnetic conductivity or other geophysical surveys in relation to the proposed development.
(9) 
Analysis of the groundwater, including any potentiometric maps constructed from site data or aquifer tests with rate and direction of flow.
(10) 
A geologic interpretation of the observed subsurface conditions, including soil and rock type, jointing (size and spacing), faulting, voids, fracturing, grain size, and the likelihood of sinkhole formation, especially in projects where water from storm sewers, roof drains, septic systems etc. is being discharged into the ground.
B. 
The report shall also define the extent of geotechnical findings at the site in relation to the planned development or land use. The engineering solutions proposed to minimize environmental and structural impacts for the useful life of the project as well as during construction must be clearly detailed together with the bases for the conclusions reached. The report shall, as a minimum, address the following:
(1) 
The probable effects of the proposed development upon Township water resources and the likelihood of future sinkhole formation.
(2) 
The appropriateness of the site for the proposed development and the appropriateness of the location and design of proposed roadways, buildings, and facilities for stormwater management, water supply and sewage disposal.
(3) 
The adequacy of support for buildings, roadways, utility lines. Foundations should be reinforced to span a minimum of 10 feet of soft soils or voids.
(4) 
Stormwater and sanitary sewer lines shall be designed and constructed with watertight joints which have been tested to ensure their integrity.
(5) 
Pipe materials, joints, construction methods and materials, and infiltration or exfiltration testing shall be subject to the approval of the municipal engineer.
(6) 
Pressurized utility lines shall provide for automatic shutoff when sudden pressure loss is detected.
(7) 
Site grading and blasting shall be minimized.
(8) 
General methodology for management of sinkholes or solution cavities, depressions, or other questionable areas which have been discovered during the investigation or which could be discovered during construction.
(9) 
Provisions for inspection and monitoring during construction and any long term inspection or monitoring which may be recommended. It is strongly recommended that the developer employ the services of an expert in construction in karst terrain to be on site during all construction activities requiring excavation.
The GTC's review of the geotechnical investigation report for proposed development in the CRD shall consider the data, formal reports, maps, drawings and related submission materials and shall advise the Land Use Board whether or not the applicant has provided the municipality with:
A. 
Sufficient design, construction and operational information to insure that the proposed development of the tract will not adversely impact on the health, safety and welfare of the community.
B. 
Proof that the proposed method of development of the tract will minimize any adverse effects on the quality of surface or subsurface water, and will not alter the character of surface and/or subsurface water flow in a manner detrimental to known on-site or off-site conditions.
C. 
Specific details insuring that design concepts and construction and operational procedures intended to protect surface and subsurface waters will be properly implemented.
D. 
Specific details on inspection procedures to be followed during construction and after project completion.
E. 
The following note shall be provided on the final subdivision plat or final site plan for any project located within the CRD: "This site is underlain by limestone formations which are susceptible to sinkholes and subsidence. The occurrence of sinkholes and/or subsidence is not predictable and therefore the municipality, its employees, the municipal engineer, and the municipal geotechnical consultant assume no liability for any damages which may occur on private property as a result of the formation of sinkholes or subsidence."
In certain situations, a specific geologic hazard may not be identified while the geologic investigation program is underway and may be discovered during or after construction. In such cases, the applicant shall:
A. 
Report the occurrence of the hazard to the municipal Clerk within 24 hours of discovery.
B. 
Halt construction activities which would impact the geologic hazard.
C. 
Prepare a report on the geologic hazard which analyzes the impact of the hazard and details a remediation plan for review and approval by the municipal geotechnical consultant.
D. 
After obtaining approval from the municipality, perform necessary remediation of the hazard to prevent or minimize damage to buildings, structures, utilities, driveways, parking areas, roadways, and other site improvements, and to minimize pollution of the groundwater.
E. 
Repair any damage to improvements and restore ground cover and landscaping.
F. 
In those cases where the hazard cannot be repaired without adversely affecting the site plan or subdivision, the applicant shall file an amended application for site plan or subdivision approval in compliance with the provisions of this chapter.
A. 
Compliance with this chapter is required prior to the granting of preliminary major subdivision or preliminary site plan approval unless waivers have been granted by the Land Use Board pursuant to § 45-60. The enforcement officials for any application requiring approval under this chapter are the municipal engineer and/or the municipal GTC.
B. 
Failure to comply with any of the conditions in this chapter may result in the issuance of a stop-work order, revocation of building permits, or denial of certificates of occupancy. Remedial and corrective measures may be mandated if the appropriate construction and site planning techniques, as outlined in the applicant's approved geotechnical report, are not followed and result in actions which adversely impact karst features.
A. 
Application fee. For any project in the CAD requiring a submission, the applicant shall pay an application fee in the amount of $500.
B. 
Review fee. Funds shall be placed in escrow for review of the application as follows:
(1) 
Escrow for Phase I Submittal: $1,500, plus $20 per acre in CAD.
(2) 
Escrow for Phase II Submittal: $5,000, plus $100 per acre in CRD.
C. 
Inspection fee.
(1) 
It is recognized that the Municipal Land Use Law, particularly N.J.S.A. 40:55D-53(h), provides a limitation on engineering inspection fees which shall, in all cases, be reasonable and shall, except for extraordinary circumstances, be limited to the greater of $500 or 5% of the cost of improvements, which cost of improvements shall be determined pursuant to N.J.S.A. 40:55D-53.4.
(2) 
It is also recognized that when the testing methodology provided for herein has been employed and determines the existence of critical geological formations underlying the site of the proposed development, extraordinary and exceptional construction methods may be required to be employed by the developer during site improvements, which work is required to be witnessed by the municipal engineer or his representative.
(3) 
The construction of improvements in developments underlain by critical geological formations is herewith deemed to constitute an extraordinary circumstance, thereby rendering inapplicable the engineering inspection fee limitations otherwise provided by N.J.S.A. 40:55D-53(h) and enabling the charging of inspection fees in excess thereof which, in all cases, shall be reasonable and shall otherwise comply with the requirements of N.J.S.A. 40:55D-53.
Subsequent to the submission of the Phase I information required in § 45-52, the Land Use Board, upon recommendation by the municipal geotechnical consultant, may grant a waiver from all or any part of the geotechnical investigation and report requirements in § 45-53.
A. 
In limestone areas, the alteration and development of land may be hazardous with respect to the foundation safety of structures, the creation of unstable land as a result of changes in drainage and grading, and the contamination of ground and surface waters.
B. 
The exact occurrence of sinkholes and/or subsidence is not always predictable; therefore, the administration of these regulations shall create no liability on behalf of the municipality, the municipal engineer, the municipal geotechnical consultant, municipal employees, or municipal agencies as to damages which may be associated with the formation of sinkholes or subsidence. Compliance with these regulations represents no warranty, finding, guarantee, or assurance that a sinkhole and/or subsidence will not occur on an approved property. The municipality, its agencies, consultants, and employees assume no liability for any financial or other damages which may result from sinkhole activity.
C. 
It is also noted that sinkholes and ground subsidence may occur in areas outside the CRD and/or in areas of carbonate geology presently not identified as such. The applicant and/or property owner should always make independent investigations of these matters prior to using this land for construction of a building or structure or any activity which alters the soil and bedrock materials.