[HISTORY: Adopted by the Township Council of the Township of Hamilton 4-26-2004 by Ord. No. 04-011 (Ch. 169 of the 1994 Code of Ordinances). Amendments noted where applicable.]
Prior to any development application (including major or minor subdivision and site plan approvals) being deemed complete by the Township's administrative officer, preliminary site investigation and soil testing reporting, as outlined in this chapter, shall be filed and accepted as part of the application.
Exemptions. The requirement to submit a preliminary site investigation and soil testing report is not mandatory for the following: signage applications; bulk variances for decks, pools and/or sheds for existing uses; minor subdivisions which create no new lots; site plan waivers; minor revisions to existing site plans; open space; recreation; continued farming; and sites for which final approval has previously been granted. Notwithstanding the listed exemptions, preliminary site investigation and soil sampling reports may be required at the direction of the Planning Board or the administrative officer.
The administrative officer and the Township's Environmental Commission shall review preliminary site investigation and soil testing reports to determine compliance with this chapter.
The site investigation and soil sampling shall be conducted in two parts:
Preliminary site investigation report.
Applicants shall be required to submit a preliminary investigation report. The purpose of the preliminary investigation report is to provide historical information on the previous uses of the proposed site so that potential contaminants or areas of concern can be identified prior to any soil sampling. The preliminary investigation report shall be based on diligent inquiry and at a minimum shall contain the following:
Names of all owners and operators.
Dates of ownership of each owner.
Dates of operation of each owner.
Description of past agricultural or industrial use.
List of pesticides, herbicides or insecticides used at the property.
Approximate periods and application rates of pesticides, herbicides or insecticides used at the property.
Any past remedial activities.
All existing sampling data.
A scaled site plan/survey detailing lot/block numbers, property boundaries, buildings, pesticides storage areas, wetlands, streams, ponds, septic and cesspool systems, underground storage tanks, and inactive and active wells.
Identification of all areas where nonindigenous fill materials were used.
A determination from the collected historical date identification of the areas believed to be potentially contaminated.
The administrative officer and the Township's Environmental Commission shall review the preliminary site investigation report within 45 calendar days of receipt. Incomplete preliminary site investigation reports shall be returned to the applicant with comments for resubmittal. Following the acceptance of the preliminary site investigation report, the applicant shall submit a soil sampling report. The administrative officer shall have the discretion to waive the soil sampling report requirement if the applicant satisfactorily demonstrates that the site has not historically been used for either agricultural or industrial uses.
Soil sampling report plan.
Sampling locations and depths must be biased towards areas of greatest potential contamination. If there is no basis for biasing sampling locations, one sample shall be taken every two acres. A minimum of one sample shall be taken at the proposed site. Sampling locations shall be identified on the site plan and affixed with GPS coordinates.
Unless otherwise directed by the administrative officer, all samples shall be analyzed for lead and or arsenic using USEPA Method SW-846-6010B, and a pesticide scan performed using USEPA Method SW-841-8081A. In the event additional contaminants are suspected to exist and/or identified in the preliminary site investigation, the administrative officer may require appropriate analysis be performed using the applicable USEPA or NJDEP analytical protocol.
The date of the soil sampling must be provided, both by telephone and in writing, to the Township's Department of Community Planning and Compliance a minimum of 10 calendar days prior to the collection of the samples.
A table shall be submitted listing lead, arsenic, pesticides and other contaminants analyzed under this chapter with the result of each parameter analyzed for each sample.
An evaluation of each contaminant, including its potential impact upon groundwater or nearby surface waters shall be included in the report. All sampling and analytical work, remediation, quality assurance and laboratory methods must be conducted in accordance with the most recent NJDEP Field Sampling Procedures Manual protocol in accordance with N.J.A.C. 7:26E-1.1 et seq., Technical Requirements for Site Remediation.
In the event that arsenic, lead, pesticides or other contaminants are present on the property in excess of the NJDEP soil cleanup criteria, the applicant shall submit for review to the administrative officer and the Environmental Commission a remediation plan following protocol in accordance with N.J.A.C. 7:26E, Technical Requirements for Site Remediation.
Upon acceptance by the administrative officer, the remediation plan shall be submitted to the NJDEP. The applicant shall obtain a letter from the NJDEP stating that either the property may be developed with no further action or the property may be developed only after implementation of a remediation plan approved by NJDEP.
In the event that, for any major subdivision application, remediation is required, any entity subsequently selling any of the subject lots shall disclose to the purchaser of every lot the soil sampling results and the terms of the approved remediation.
[Added 10-4-2006 by Ord. No. 06-026]
Word usage. For the purpose of this section, certain rules or word usage apply to the text as follows:
Words used in the present tense include the future tense and the singular includes the plural, unless the context clearly indicates the contrary.
The term "shall" is always mandatory and not discretionary; the word "may" is permissive.
The words or terms not interpreted or defined by this section shall be used with common or standard utilization.
Definitions. The following definitions shall apply in the interpretation and enforcement of this section unless otherwise specifically stated:
- ACID SOIL
- Soil with a pH of four or less or that contains iron sulfide.
- An individual person, developer, a partnership, corporation, other entity or public or quasi-public agency requesting permission to engage in land disturbance activity.
- The State Soil Conservation Committee in the Department of Agriculture, established pursuant to N.J.S.A. 4:24-3.
- Any hazardous substance, hazardous constituent, hazardous waste or pollutant.
- Any person engaged in the moving, delivery or placement of fill from, in or upon any land in the Township.
- The legal or beneficial owner or owners of a lot or any parcel of land included in a proposed development, including the holder of an option or contract to purchase, or any other applicant or person having an enforceable proprietary interest in such land.
- Any activity involving the clearing, grading, transporting, storing or filling of land or any other activity which causes soil to be exposed to the danger of erosion.
- Any area which is used for the sole purpose of farming which provides for the use of land within its capabilities and treatment, within practical limits, to grow and harvest produce or other crop, the raising of animals for slaughter or the production of milk. The raising of animals as a hobby or as a pet is exempt from the requirements of this section.
- FILL or FILL MATERIAL
- Any sand, gravel, earth, soil, recycled concrete, roadbed material, or other material of any composition whatsoever, the placement of which upon a site results in a change of topography of the site.
- HAZARDOUS SUBSTANCE
- Any hazardous substance as defined pursuant to Section 3 of P.L. 1976, c. 141 (N.J.S.A. 58:10-23.11b); hazardous waste as defined pursuant to Section 1 of P.L. 1976, c. 99 (N.J.S.A. 13:1E-38); or pollutant as defined pursuant to Section 3 of P.L. 1977, c. 74 (N.J.S.A. 58:10A-3).
- Any ground, soil or earth, including marshes, swamps, drainageways and areas not permanently covered by water within the Township.
- LAND DISTURBANCE
- Any activity involving the clearing, grading, transporting, storing or filling of land and, in addition, any activity which causes land to be exposed to the danger of erosion.
- Any parcel of land separated from other parcels or portions as by a lawful subdivision or deed of record, survey map or by a metes and bounds description.
- 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.
- A certificate or other document issued to perform work or other activity under this section.
- A scheme or design which indicates land treatment measures, including schedule of the timing for their installation, to minimize soil erosion and sedimentation.
- PRIORITY POLLUTANT PLUS 40 or PP+40
- 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.
- All necessary actions to investigate and clean up any known, suspected or threatened discharge or placement of hazardous substances, including, as necessary, identifying areas of concern and determining the presence of hazardous substances and the collection and evaluation of data adequate to determine whether or not discharged or placed hazardous materials exist. In addition, remediation includes the determination of the nature and extent of any discharged or placed hazardous substance, identifying and evaluating any problems presented by the discharge or placement and the performance of a remedial action.
- Any plot, parcel or parcels of land.
- SITE RESTORATION
- Grading, landscaping, pavement repair or construction, the installation of storm drains or inlets, construction of stormwater detention basins, fences, walls, soil erosion protection measures or other similar work necessary to bring a disturbed site to a condition acceptable to the Township.
- All unconsolidated mineral and organic material of any origin.
- SOIL CONSERVATION DISTRICT OR COMMITTEE
- The Mercer County Soil Conservation District or the state agency committee established or organized by the State of New Jersey, Department of Agriculture, under the provisions of Chapter 24, Title 4 of the New Jersey Revised Statutes.
- The standards promulgated by the Committee pursuant to this Act.
- Any activity which significantly disturbs vegetated or otherwise stabilized soil surface, including clearing and grubbing operations.
No owner, applicant, developer, corporation, contractor, subdivider or other person shall clear, grade, move, deliver, fill, place or otherwise disturb, cause, allow or permit material to be moved or placed on any property in the Township of Hamilton without first obtaining an approved permit from the Township. Approval from the Mercer County Soil Conservation District is also required if the above-noted activities will disturb more than 5,000 square feet of land. All clearing, grading excavation or embankment construction shall be in accordance with the approved site plan or grading plan and shall comply with the following requirements:
All clearing, grading, excavation or embankment construction shall provide for stormwater runoff and such groundwater seepage as may be encountered.
All clearing, excavation and embankment construction shall be in accordance with the applicable requirements, as same may be amended, of the New Jersey Department of Transportation standard specifications.
To the extent possible, all proposed development shall be planned such that site earthwork is balanced. However, where earthwork balance cannot be attained and it is determined that a proposed project may yield surplus soil, or may require the import of soil or subbase materials, the developer shall provide the following information to the administrative officer for approval. This information shall be required for the import of soils in excess of 2,000 cubic yards or the import of subbase materials in excess of 500 cubic yards:
A statement from a licensed professional engineer, indicating that he or she has examined the grading plans and has conducted cut and fill calculations. The statement shall include the volume of material to be imported to the site.
A completed clean fill verification form. Blank forms will be provided by the Township.
A proposed schedule of the soil import or export operations. Such schedule shall provide the dates operations are to occur and the anticipated average daily volume of truck traffic from these operations.
A map of the proposed truck routes to and from the project site.
An escrow sum (of a reasonable amount to be determined by the Township's Department of Community Planning and Compliance) sufficient to allow the Township to monitor the import and export of materials.
A performance guaranty or a cash bond in the amount of 120% of the cost of temporary or permanent site restoration. The bond shall accompany a detailed estimate to be approved by the Township Engineer. The bond shall be in a form approved by the Township Attorney. A separate performance bond for site restoration will not be required if the site work improvements are guaranteed by a performance bond approved for site plan approval.
Certification that the soil to be imported is not high acid producing soil. High acid producing soils are soils with a pH of four or less or soils that contain iron sulfide.
The applicant shall provide the above information to the administrative officer prior to submitting site plan Mylars for signature. In the event that the work is not subject to site plan approval, the applicant shall provide the information 14 calendar days in advance of the site disturbance.
No owner, applicant, developer, corporation, contractor, subdivider or person shall remove material from the site except in accordance with an approved site plan or grading plan nor without the prior approval of the administrative officer. The stockpile or removal of soil from a site, except in relationship to an approved plan, shall not be permitted without satisfying the requirements of Chapter 572, Soil Removal, of the Code of the Township of Hamilton.
No administrative waivers from the requirements of this section shall be granted.
The owner, applicant, developer, corporation, contractor, subdivider or person shall adhere to all conditions and requirements of the soil erosion control plan as approved by the Mercer County Soil Conservation District. In addition to all requirements of the plan, the individual transporting the material shall do whatever is necessary to prevent mud, dirt, debris or dust from being tracked onto public roadways.
Violations and penalties.
If any person violates any of the provisions of this chapter or any standard promulgated pursuant to the provisions of any statute or regulation or fails to comply with the provisions of this section, the Township of Hamilton may institute a civil action in Superior Court for injunctive relief to prohibit and prevent such violations, and said court may proceed in a summary manner.
Any person who violates any of the provisions of this section or any standard promulgated pursuant to this section or who fails to comply with the provisions of a certified plan shall also be subject to a penalty of not less than $250 per day nor more than $3,000 per day to be collected in a summary proceeding pursuant to the Penalty Enforcement Law (N.J.S.A. 2A:58-10 et seq.).
The construction official, upon receiving notice from the Township Engineer that the developer or contractor is in violation of this section, shall suspend the further inspections or issuance of construction permits or certificates of occupancy.
Stop-work order. The Township Engineer, acting on behalf of the Township of Hamilton, may issue a stop-work order if a project is not being executed in accordance with this section.
Certificate of occupancy. No certificate of occupancy for a building on the lot shall be issued unless there has been compliance with the provisions of this section and the completed clean fill verification form. The applicant shall obtain and keep copies of soil trip tickets, material delivery logs, daily reports and other documentation as required to demonstrate compliance. Upon completion of the earth work and prior to issuance of a certificate of occupancy, the applicant shall provide a statement from a licensed professional engineer that he or she has reviewed the documents and certifies that the requirements of this section have been met.
Completion of work. In the event that a certificate of occupancy is not required on the property to receive the fill, the applicant shall provide a statement from a licensed professional engineer that he or she has delivered the documents pertaining to the import of fill material and certifies that the requirements have been met.
The following activities are specifically exempt from this section:
The use of land for gardening primarily for home consumption.
The agricultural use of lands when operated in accordance with a farm conservation plan approved by the local soil conservation district or when the Township administrative officer, in consultation with the Township Engineer, determines that such use will not cause excessive erosion and sedimentation runoff.
The construction of a swimming pool, patio or deck at a single-family dwelling.
Landscaping of a single-family dwelling.
Activity that is part of a New Jersey Department of Environmental Protection (DEP) remediation project.
Any activity that is part of a septic system repair or removal project, as certified to by the Hamilton Township Health Officer.
Site improvements approved by Township officials prior to the effective date of this section.