The Township Committee finds and determines that the unregulated
and uncontrolled excavation and removal and relocation of soil, sand,
stone, gravel, aggregates, rocks or other natural deposits on a large
scale, or for sale or use other than on an individual tax lot, has
or may result in conditions detrimental to the public safety, health
and general welfare, substantially hampering and deterring the effort
of the Township to effectuate the general purpose of municipal planning.
This chapter shall be known and may be cited as the "Fredon
Township Soil Removal Chapter."
As used in this chapter, the following terms shall have the
meanings indicated:
APPROVED PLAN
A plan for soil removal approved by the Land Use Board as
a conditional use and by the Township Committee pursuant to the provisions
of this chapter or, in case of nonconforming uses, by the Land Use
Board and Township Committee pursuant to the provisions of this chapter.
ARABLE SOIL
Soil within eight inches of the surface of the premises from
which soil is contemplated to be removed.
MULCHING
The application of plant residue or other suitable materials
to the land surface to conserve moisture, hold soil in place and aid
in establishing plant cover.
PERMIT
A certificate issued to perform work under this chapter.
SOIL
All unconsolidated mineral and organic matter of any origin,
including sand, stone, gravel, aggregates, rocks and other natural
deposits.
TOPSOIL
The arable soil within eight inches of the surface.
In the case of soil removal operations presently in existence
as nonconforming uses, the owner or operator shall file, within 90
days from the adoption of this chapter, an application for a soil
removal permit under this chapter with the Land Use Board. The Land
Use Board shall consider the application and make its recommendations
to the Township Committee within 65 days from the date of the filing
of the application. The Township Committee shall then determine the
application for a soil removal permit as set forth herein.
An application to the Land Use Board for a conditional use permit
and for recommendations to the Township Committee on an application
for a soil removal permit for a nonconforming use shall be accompanied
by the following:
A. Map.
(1) A map showing:
(a)
Existing contour lines at two-foot intervals. No such topographical
map is required for the removal of less than 5,000 cubic yards of
total material unless specifically required by the Board.
(b)
Proposed contour lines at two-foot intervals after removal of
the soil.
(c)
All existing structures on the subject premises and within 200
feet thereof.
(d)
All existing roads and drainage on the subject premises and
within 200 feet of the property.
(e)
Location of topsoil storage areas.
(f)
Methods of controlling silting of downstream properties.
(g)
The elevation of the water table and of bedrock.
[1]
The determination of the elevation of the water table and the
bedrock shall be made by one of the following methods:
[a] Test pits with a backhoe.
[e] Continuous flight auger drilling.
[2]
The test method utilized shall make exploration for the water
table to a depth of at least eight feet below the proposed final grade.
A three-hundred-foot grid pattern shall be used in determining the
water table with a minimum of four locations for a five-acre tract.
The applicant shall notify the Township Engineer at least seven days
in advance of conducting the tests to determine the water table, and
the Township engineer, or his representative, shall be present and
witness the tests when conducted. A certification of the applicant's
engineer shall be inserted on the map which shall read as follows
"I hereby certify that the water table is (or is not, whichever is
applicable) within eight feet of the proposed final contour as shown
on this map." The Engineer's certification shall also include
the names and addresses of the persons witnessing the tests utilized
to determine the water table, the dates that the tests were taken
and the test methods utilized and a log of the materials found in
the test holes or pits.
(h)
All existing trees, 2 1/2 inches or greater in diameter,
measured 4 1/2 feet from the ground level.
(i)
Sites which exist at the time of the enactment of this chapter
on which there is an existing gravel bank from which 5,000 cubic yards
or less of material are removed during any calendar year are not required
to file the map as required hereunder; provided, however, that the
Township Engineer shall cause a site inspection to be made prior to
the issuance of any permit on any such site, and he shall determine
if the operation, if continued, will have a detrimental effect on
the adjoining properties, roads, streams, waterways and on the public
health and safety. The Township Engineer shall render an inspection
report and recommendation to the Land Use Board for its consideration
and action prior to the issuance of any permit. The Land Use Board
shall have the right after receipt of the Engineer's report and
recommendation to require the filing of a map in accordance with the
provisions of this chapter if it shall deem if necessary for the proper
performances of its duties under this chapter.
(2) The map submitted by the applicant showing proposed contours shall divide the property, from which soil is to be removed, into five-acre sections. The applicant shall indicate on the map the numerical sequence in which sections are to be worked. Not more than one section shall be worked at any one time pursuant to §
446-11L herein.
B. Aerial photographs. An aerial photograph of the site as filed with
the Township Engineer.
C. Soil removal. An indication of the total number of cubic yards to
be removed and the length of the time within which the proposed operation
shall be completed, which shall normally not be 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 appropriate Township body may determine.
D. Approved plan. An approved soil erosion and sediment control plan prepared by a licensed New Jersey Professional Engineer, in accordance with Specifications for Soil Erosion and Sediment Control of the Sussex County Soil Conservation District and Chapter
441, or a soil erosion plan approved by the Sussex County Soil Conservation District.
E. Requirements. All of the requirements of the Township ordinances
governing site plan review shall apply to soil removal applications
and a site plan application shall be filed with the soil removal application
and all of the requirements of the site plan including the fee provisions
shall be complied with.
After approval of the application by the Land Use Board, a permit shall be issued by the Township Committee. Said permit shall be issued on an annual calendar-year basis. For renewal of permits, see §
446-11K.
If a permit is issued for the removal of earth and soil as provided
herein, the owner, or person in charge, shall conduct the operation
so 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 with 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.
The following regulations shall be observed:
A. Prohibited. 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 to the permittee.
B. Access road. The petitioner shall construct a course gravel access
road into the removal site to ensure that trucks leaving the site
will not track material onto the public road. Such access road shall
be in accordance with the requirements of the Township Engineer.
C. Operations near streams or wetlands. 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,
unless it can be shown that soil removal will 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.
D. Nuisances or hazards. The operation shall be conducted so as not
to constitute a nuisance to adjoining owners or the Township, and
in no event shall the operation create any hazardous or unsafe condition
with regard to any person or persons. No soil shall be removed within
100 feet of the road right-of-way of any public road or within 100
feet of any adjoining property line except for that removal which
is necessary for final grading and which has been approved by the
Land Use Board.
E. Clearance of area. Upon completion of an operation or of excavation
from an area delineated on the approved plan, the area shall be properly
cleared of debris, graded to conform to the contours and grades, and
trees shall be planted, in accordance with the approved plan. A final
map shall be submitted containing and complying with all requirements
as set forth in this chapter.
F. Requirement of approved plan. 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.
G. Water table and grade level restrictions. No soil shall be removed
which is within eight feet of the water table, and no soil shall be
removed which is below the grade established and shown on the approved
map.
H. Garbage; pollution; safety hazards. No trash, garbage, junk or debris
shall be stored in any licensed area and no safety hazards shall 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 regulation of a higher authority in effect
and shall be undertaken so as not to create a smoke nuisance or pollution
safety hazard.
I. Inspection. The applicant shall permit the inspection of the operation,
at any reasonable time, by the subcode official and/or the Township
Engineer, or any other person designated by the Township to perform
such inspections.
J. Processing and blasting. There shall be no processing of any type
of material on site and there shall be no blasting permitted under
any circumstances on site.
K. Permit renewal.
(1) On or before November 1 of each year, every soil removal operator holding a permit issued pursuant to §
446-8 shall file an application for an annual operating license for the next ensuing calendar year. Said application shall be accompanied by the following:
(a)
A letter from the Township Engineer that inspection of the licensed premises has been made pursuant to the requirements of Subsection
I and setting forth the results of said inspection, including specification of any violations of this chapter or of any law or ordinance.
(b)
A statement from the tax collector of the Township that all
taxes levied and assessed against the licensed premises have been
paid to date.
(c)
Payment of an annual operating fee, which shall be $100 where
the operating license contemplates removal of less than 5,000 cubic
yards in the ensuing year, and $500 where more than 5,000 cubic yards
are expected to be removed in the ensuing year.
(2) If the report of the inspection of the Township Engineer indicates
that there are any violations or problems in connection with the soil
removal operation, the Clerk shall not issue the annual operating
license but shall submit all papers to the Township Committee. The
Township Committee may determine, on the basis of the papers submitted,
to authorize issuance of the license or of a limited or conditional
license; or in its discretion, may, in the case of serious violations,
require the licensee to show cause why the operating license and permit
should not be suspended or revoked.
L. Soil removal limited to five-acre sections. In order to minimize
the possibility of mudslides or drainage of silt, and for safety purposes,
the area of operations for excavation shall be limited to one five-acre
section as shown on the applicant's soil removal map, at any
one time. The applicant shall fence and enclose the five-acre section
currently the subject of soil removal operations. The applicant shall
not commence soil removal upon a succeeding five-acre section without
the replacement of topsoil and reseeding and restoration of the previous
five-acre section and approval of restoration by the Land Use Board.
Each succeeding five-acre section shall be enclosed before soil removal
operations are commenced thereon.
M. Respreading and reseeding. Upon the completion of work in any specific area, all respreading of arable soil and reseeding as required by this section and§
446-10A 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 practical to respread and reseed it, the work shall be completed within the additional time as may be specified by the Land Use Board.
N. Exception. In any action taken by the reviewing municipal body with
regard to this section, the body shall give primary consideration
to the rules, regulations and standards herein set forth, in order
to promote the general welfare of the entire community. If, however,
the applicant can clearly demonstrate, because of peculiar conditions
pertaining to his or her land, the literal enforcement of one or more
of these regulations is impractical or will exact undue hardship,
the reviewing municipal body may grant exceptions from the requirements
of such sections as may be reasonable within the general intent of
this chapter. It shall state its reasons for granting any such exceptions
in resolution form.
O. Hours of operation. Hours of operation shall be limited from 7:00
a.m. to 6:00 p.m., Mondays through Fridays, and 7:00 a.m. to 1:00
p.m. on Saturdays, including but not limited to loading of trucks,
excavation of materials, arrival and departure of vehicles prior to
and after the times as set forth herein. There shall be no operation
of any kind or character on Sundays or legal holidays.
[Amended by Ord. No. 99-06]
P. Working face of excavation. While working an area, the working face
of excavation shall not exceed 85° from the horizontal, nor shall
an 85° angle have a vertical height exceeding 30 feet. Any face
not currently being worked on shall not exceed 30° from the horizontal.
A suitable fence shall be erected on three sides of the working face
of the excavation in order to prevent persons from approaching such
working face from the existing grade level. Where an excavated area
adjoins an road, no excavation shall be made below the level of the
road from a distance of 100 feet back from the right-of-way of the
road. Where an excavated area is within 50 feet from 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.
After reasonable notice and an opportunity to be heard before
the Township Committee, the permit of any person may be revoked or
suspended for such periods as the Township Committee may determine,
for any violation of the terms hereof or the terms and conditions
of any approved plan and permit granted hereunder.